West Mojave Plan FEIR/S - Desert Managers Group

3.1.5 California Endangered Species Act3.1.5.1 BackgroundCESA (Cal. Fish and Game Code 2050 et seq) is administered by the CDFG as thetrustee for fish and wildlife resources in the State of California. CESA authorizes the CaliforniaFish and Game Commission to establish a list of endangered and threatened species, and statesthat “no person shall...take...any species...that the commission determines to be an endangeredspecies or a threatened species … except as otherwise provided in this chapter, the Native PlantProtection Act … or the Calfiornia Desert Native Plants Act.” (Section 2080.) The State maydesignate plant species as rare, pursuant to the California Native Plant Protection Act, which hasthe same protection status as threatened or endangered species. That Act, however, allows thoseundertaking activities described in Section 1913, subdivision (a) and (b), to change the land usewhen they have been notified a rare or endangered plant is present as long as they give 10 daysnotice to CDFG to allow for salvaging the plant.3.1.5.2 Listed SpeciesSpecies listed as threatened or endangered by CDFG are identified in Table 3-5.Table 3-5Species Listed by CDFG as Threatened or EndangeredSPECIES STATUS DATE LISTEDBald eagle (Haliaeetus leucocephalus)EndangeredEndangered (Rev.)June 27, 1971October 2, 1980Desert tortoise (Gopherus agassizii) Threatened August 3, 1989Inyo California towhee (Pipilo crissalis eremophilus) Endangered October 2, 1980Least Bell’s vireo (Vireo bellii pusillus) Endangered October 2, 1980Mohave ground squirrel (Spermophilus mohavensis) Threatened June 27, 1971Mojave tarplant (Hemizonia [= Deinandra] mohavensis) Endangered August 1981Mojave tui chub (Gila bicolor mohavensis) Endangered June 27, 1971Red rock tarplant (Hemizonia Deinandra] arida) Rare July 1982Southwestern willow flycatcher (Empidonax traillii extimus) Endangered January 2, 1991Swainson’s hawk (Buteo swainsoni) Threatened April 17, 1983Western yellow-billed cuckoo (Coccyzus americanusoccidentalis)3.1.5.3 Incidental Take PermitThreatenedEndangeredJune 27, 1971March 26, 1988Section 2081(b) of CESA authorizes the CDFG to allow, by permit, the take of anendangered, threatened or candidate species. Such a “Section 2081 permit” may be issued onlyif the following permit issuance criteria are met:(1) The take is incidental to an otherwise lawful activity.(2) The impacts of the authorized take shall be minimized and fully mitigated. The measuresChapter 3 3-37