West Mojave Plan FEIR/S - Desert Managers Group

3.3.2 Desert Tortoise3.3.2.1 Regulatory StatusThe Mojave population of the desert tortoise includes those animals living north and westof the Colorado River in the Mojave Desert of California, Nevada, Arizona, southwestern Utah,and in the Colorado Desert in California. On August 4, 1989, the USFWS published anemergency rule listing the Mojave population of the desert tortoise as endangered (54 FederalRegister 32326). In its final rule, dated April 2, 1990, the USFWS determined the Mojavepopulation of the desert tortoise to be threatened (55 Federal Register 12178). The USFWSdesignated critical habitat for the desert tortoise in portions of California, Nevada, Arizona, andUtah in a final rule, published February 8, 1994 (59 Federal Register 5820). (USFWS 2002.)The tortoise was also listed as threatened throughout its known range in California by theCalifornia Fish and Game Commission in 1989.The desert tortoise is the official California State reptile, and has been protected byspecial State legislation that prohibits the taking or harming of the species since the 1930s. In1983, the Desert Tortoise Council petitioned the CDFG to list the desert tortoise as a threatenedspecies. The petition was withdrawn later, pending the federal status review by the USFWS. InAugust 1987, the Desert Tortoise Council resubmitted the petition to the California Fish andGame Commission (Commission). In November 1987, the Commission accepted the petition forreview, and in June 1989, the Commission designated the desert tortoise as a threatened species.(BLM and CDFG 1992.)The desert tortoise was designated a “sensitive species” in California in 1979 by BLM,which is authorized to designate species on public lands as “sensitive” after consultation withCDFG. The purpose of the designation was to provide increased management attention toprevent population and habitat declines that might result in federal or State listing as endangeredor threatened. The designation raises the level of concern for desert tortoises in theenvironmental review process. No particular habitat or population management action isrequired or prohibited by the sensitive species designation, although other federal statutes (suchas FESA and CESA) apply. (BLM and CDFG 1992.)3.3.2.2 Tortoise Habitat DesignationsDuring the past two decades, the BLM and USFWS have identified habitats that areimportant to tortoise management, conservation, and recovery. This section describes theestablishment of management areas to protect these habitats (see Table 3-10), their intent andfunction, and relationships to other land designations.Chapter 3 3-69