State of California - The Resources Agency ARNOLD SCHWARZENEGGER. Governor 

### DEPARTMENT OF FISH ANDGAME http://www.dfg.ca.gov Eastern Sierra Inland Deserts Region Bishop Field Office 407 W. Line Street Bishop, CA 93514 (760) 872-1171 (760) 872-1284 FAX
September30,2008

Mr. Jon Roberts City Manager City ofVictorville 14390Civic Drive Victorville, CA 92392
SUbject: Letterof Permission to Enter West Mojave Desert Ecological Reserve to Translocate DesertTortoises from the Victorville 2 Hybrid Power Project

Dear Mr. Roberts,

This letter is to grant permission to your agents named below, working in cooperation with the Department of Fish and Game (Department), to entercertain areas (see attached map) within the West Mojave Desert Ecological Reserve (Reserve), located in San Bernardino County, to conduct deserttortoisetranslocation and monitoring activities as described below. The Departmentdesires to gather preliminary data on the feasibility ofre-establishing or augmenting deserttortoise populations using surplus animals removed from disturbed areas. Desert tortoiseswill be translocated to Department land from the Victorville 2 Hybrid Power Project.

Permission is herebygrantedto the individuals named in the Memorandum of Understanding Between the Department and Mr. Michael Wilcox (MOU) to enter the Reserve to conduct deserttortoise surveys, construct artificial burrows, construct and
removetemporaryfencing if necessary, and conductdeserttortoise monitoring, as described below. All activities described below will be permitted under Scientific Collection Permit (SCP 

### # 801024-03) and the MOU described above.

Please be advised this Letterof Permission to Entercontains the Department's requirementsforthe translocation ofdeserttortoises onto Department lands. This state authorization does not necessarily create an entitlementto proceed with the Victorville 2 Hybrid Power Project. As the Permittee, you are responsible for complying with all otherapplicable state, federal, and local laws, and it is your responsibilityto obtain any required federal authorization or permits associated with the described project activities, including the translocation activities referenced in this letter.

Desert tortoise surveys shall be conducted as follows: Priorto translocation of tortoises, a site walkoverto ensurethe best locationfor the translocated tortoises shall be completed. Withinthe 100-acrearea wheretortoises will be translocated, a 100%



## Conseroinq 

# Ca(ifomia's UJiU(ifeSince 1870coverage survey (using USFWS protocols) shall be conducted. The remainder ofthe section shall be sampled using transects spaced at broad intervals (1 DO-200m). This sampling may extend outsidethe Reserve as appropriate, depending on where the tortoises are placed. The sampling shall include an assessmenVmapping of the habitat (shrub species composition, evenness and size; soils; substrate; topography; anthropogenic influences, especiallythose that might be harmful to translocated tortoises), as well as a mapping of the tortoise sign to identifythe abundance and distribution ofsign. Results of the surveys shall be transmitted to the Department within 5 calendar days of completing the surveys. If residentdeserttortoise(s) are located within the translocation area, the Department shall be notified within 24 hours. Department personnel will work with project personnel to determine the best possibletranslocation area without impacting resident deserttortoise.

Ifjuvenile tortoises are to be translocated, a temporary, predator-proofenclosure shall be erected at the translocation site, pursuantto the description on Page 45 of the Final Desert Tortoise Translocation Planforthe Victorville 2 Hybrid Power Project, dated September 9, 2008 (Translocation Plan). Construction and design of the fence shall be coordinated with the Department priorto installation. At leasttwo artificially-created burrows shall be constructed at the translocation site for each translocated tortoise, as described in the Translocation Plan.

Translocated tortoises shall be captured, handled, disease-tested, fitted with radio transmitters, transported to the translocation site, and released, in accordancewith
measures described in the Translocation Plan. Monitoring shall be conducted as described in the Translocation Plan, with the following exceptions: After release at the translocation site, translocated tortoises shall be monitored no less than every other day until tortoises have moved underground. Upon emergencethe following spring, translocated tortoises shall be monitored no less than 3 timeslweek in April (not consecutive days), twice perweek in May (not consecutive days), once per week in June, and twice per month the remainderof the summerand fall (allowing no more than two weeks between each monitoring session) until tortoises move underground. The second spring, translocated tortoises shall be monitored once per week in April and twice per week (not consecutive days) in May. Theabove schedule may be modified in consultation with Department. Monitoring must be ofsufficientfrequencyto ensure that contactwith telemetered animals is not lost. Email status reports documenting monitoring results shall be submitted to the Departmentweekly (or every other week, as appropriate) during periods when tortoises are active. These status reports will contain but not be limited to a map showing the animal locations for that monitoring period, UTM coordinates in NAD 83, and photographs showing each tortoise and the surrounding habitat.

The translocation shall occur on DFG property described as T11N R6W 53, as shown on the attached map. Initial deserttortoise surveys shall be conducted in September and October, 2008. Translocation shall take place when weather conditions are favorable, anticipated to be in fall, 2008 or spring, 2009, as described in the Translocation Plan. Monitoring shall be conducted from release date until tortoisesmove underground for the winter, and shall resume in spring, 2009. Monitoring shall continue on this same schedulethrough summer2010, unless the Department determines that monitoring is no longer necessary.

All project personnel shall comply with the following general regulations pertaining to public entry and use of ecological reserves:
1)	 No person shall mine or disturb geologicalformations or archeological artifacts or take or disturb any bird or nest, or eggs therof, or any plant, mammal, fish, mollusk, crustacean, amphibian, reptile, or any otherform ofplant or animal life. 2)	 No collecting shall be done except by permit. 3)	 No person shall drive, operate, leave, or stop any motor vehicle, bicycle, tractor, or other type of vehicle in an Ecological Reserve except on designated access roads and parking areas. 4)	 No person shall fire or discharge any firearm, bow and arrow, air or gas gun, speargun, or any otherweapon of any kind within or into an Ecological Reserve
or possess such weapons within an Ecological Reserve, except law enforcement personnel and as provided for in individual area regulations that allow for hunting. Hunting is permitted within the West Mojave Desert Ecological Reserve from July 1 to January31. Only licensed hunters shall be permitted to possess firearms. No plinking, firearms practice or target shooting is allowed within the Ecological Reserve. 5) Employees of the department may eject any person from an Ecological Reserve for violation of any ofthese rules or requlations or for any reason when it appears that the general safety orwelfare ofthe Ecological Reserve or persons thereon is endangered; or, if conditions of this letter, the MOU or the Translocation Plan are not met. 6) No person may enterany Ecological Reserve between sunset and sunrise exceptwith written permission from the Department. 7) The release of any fish or wildlife species, inclUdingdomestic or domesticated species, or the introduction of any plant species, is prohibited. 8) The feeding ofwildlife is prohibited. 9) The use of pesticides is prohibited on any Ecological Reserve. 10)No person shall deposit, drop, or scatter, any debris on any Ecological Reserve except in a receptacle or area designated for thatpurpose. Where no designated receptacles are provided, any refuse resulting from a person's use of an area must be removed from thatarea by such person. 11)Pets, inclUding dogs and cats, are prohibitedfrom entering reserves unless they are retained on a leash of less than ten feet or are inside a motorvehicle. 12)No person shall light fireworks or otherexplosive or incendiary devices, or start or maintain any fire on or in any Reserve. 13)No person shall camp on/in any Ecological Reserve. 14)No person shall tamperwith, damage, or remove any property not his own when such property is located within an Ecological Reserve.

This Letterof Permission is contingent upon the following terms and conditions:1. A copy ofthis letter shall be distributed to all crew members working in the Reserve, and at least one copy of this letter shall be in possession at all times, while working or driving within the Reserve; 2. The State of California shall not be liable and Permittee and/orany associates shall indemnify, hold harmless and at the option of the State, defend the State, its officers, agents, and employees, against and for any and all liability, claims, damages or injuries of any kind and from any cause, arising out of or connected in any way with the exercise of this Letter of Permission; 3. A copy ofthe data collected (including GIS/shapefiles, photographs, and final report) shall be provided to the Department; 4. Entry upon the Reserve by Permittee and/or his associates for the purposes stated herein shall constitute acceptance by Permittee andlor his associates of all terms and conditions of the Letter of Permission.

We appreciate the opportunity to cooperate with City of Victorville to conduct research
on Department lands and look forward to working with you on this important project. It there are questions or concerns about this Letter of Permission, please contact Ms. Denyse Racine, at (760)872-1158, email dracine@dfg.ca.gov. Please forward monitoring reports to and coordinate logistics (dates, times, access, etc) with Ms.AJisa Ellsworth at (760) 872-1173, email aellsworth@dtg.ca.gov.

Sincerely,

# ~~ Bruce Kinney Deputy Regional Manager Inland Deserts Region

Cc: Ms. Tonya Moore, DFG, Victorville Ms. Alisa Ellsworth, DFG, Bishop Ms. Denyse Racine, DFG, Bishop Mr. Troy Kelly, DFG, Bishop Lieutenant Mike Stefanak, DFG, Ontario Mr. Rick York, CEe, Sacramento Mr. Ray Bransfield, USFWS, Ventura

AttachmentState ofCalifornia - The Resources Agency ARNOLD SCHWARZENEGGER, Governor 

### DEPARTMENT OFFISH ANDGAME http://www.dfg.ca.gov Habitat Conservation Program Inland Deserts Region 407 W. Line Street Bishop, CA 93514 (760) 872-1171 (760) 872-1284-Fax

October 1, 2008

Mr. Michael Wilcox AMEC Environmental Consulting 3120 Chicago Avenue, Suite 110 Riverside, CA 92507

Dear Mr. Wilcox:

Attached is the Memorandum of Understanding (MOU) for Scientific Collecting Permit 801024-03, authorizing the follow activities and personnelto capture, weigh, measure, sex, mark, collect, collect blood, attach radio transmitters, translocate, submit blood to Dr. Mary Brown at the University of Florida Mycoplasma Research Lab (1600 SWArcher Rd., BSB 350, Gainesville Florida 32610), kill forthe purpose of salvage and release, and collect carcasses forthe coverage underthe Victorville 2 Hybrid Power Project. This MOU is valid only with concurrent Federal authorization and expires upon the completion of this project or expiration of your current SCP or Federal Permit, whichever is earliest.

If the MOU is satisfactory to you, please sign and return a copyto Mr. Eric Weiss, 12550 JacarandaAvenue, Victorville California 92395. Keep the othertwo copies foryour use. This MOU becomes effective when signed by you and will terminate

on upon expiration of the Scientific Collecting Permit or Federal Permit which

ever comesfirst.

If you have anyquestions or need additionalinformation regarding the amendment, please contact Mr. Eric Weiss, Environmental Scientist, at (760) 246-8828.

# ~~ Bruce Kinney, Deputy Regional Manager Inland Desert Region Region 6

cc: Licensing and Revenue Branch

- Sacramento Dale Steele

- HCPB

- Sacramento

MEMORANDUM OF UNDERSTANDING 

# Conserving Ca{ifomia's Wi{j[{ijeSince 1870Mr.Michael Wilcox SCP 801024-03

BY AND BETWEEN MR. MICHAELWILCOX AND CALIFORNIA DEPARTMENT OF FISH AND GAME FOR THE DESERTTORTOISE

[ScientificCollecting Permit801024-03; October 2008]

This Memorandum ofUnderstanding is made and entered into by and between Mr. Michael Wilcox principle investigatorfor the Victorville 

### 2 Hybrid Power Tortoise Translocation Projectfor activities at and within the proximity ofthe Victorville 2 Hybrid power project and the translocation site in California, and the Department of Fish and Game, California, hereinaftercalled the Department.

WITNESSETH

Whereas, the deserttortoise is a State and Federally-listed Threatened Species, and

Whereas, Victorville 2 Hybrid Power Plant project is building in known occupied deserttortoise habitatand,

Whereas, the Desert Tortoise Translocation Plan recommends research and translocation of deserttortoise within some Desert Wildlife ManagementAreas in the Mojave Recovery Units in California, and

Now, therefore, it is mutually agreed and understood as follows:

1. Mr. MichaelWilcox, and others listed in this MOU will work with the Department in reducing adverse impactsto the deserttortoise.

2. The permittee is authorized to capture, handle, weigh, measure, mark, sex, collect, attach and remove radio transmitters, withdraw blood, translocate, submit blood to Dr. Mary Brown at the University of Florida Mycoplasma Research Lab (1600 SWArcher Rd.• BSB 350. Gainesville Florida 32610), kill for the purpose ofsalvage, and release deserttortoises, and collect their carcasses, within the geographic boundaries specified below, within the time limitation specified in the permit, and within the individual conditions specified below, provided that:

Mr. Michael Wilcox, Mr. Thomas Egan and Mr. Nathan Moorhatch are named as principle investigatorsforthe 

### W2 deserttortoise translocation and monitoring program.


### 1Mr. Michael Wilcox SCP 801024-03

1. The following individuals will be authorized to conduct clearance surveys, handle or otherwise process, affix transmitters, conduct blood and general health sampling (under the Victorville 2 Hybrid Power Project tortoise translocation plan, only those individuals previously permitted to conduct blood work), translocatetortoise, deploy radio-telemetry practices, and provide for construction monitoring related to the Victorville 2 Hybrid Power Project:

1a. Dr. Alice Karl, Ms. Rachael Woodward and Ms. Jacquelyn 

### E. Smith.

2. The following individualswill be authorized to conduct clearance surveys, handle or otherwise process, affix transmitters [underthe direction of the afore mentioned (1a) group], translocate tortoise, conduct radio telemetry under the direction of one or more individuals listed in group 1a, and perform construction monitorinq with regard to the 

### W2 project:

2a. Mr. Michael Wilcox and Mr. Nathan Moorhatch.

3. The following individuals will be authorized to conduct clearance surveys, handle or otherwise process, affix transmitters (underthe direction of the aforementioned 1a), translocate tortoise, and perform construction monitoring with regard to the 

### W2 project:

3a. Mr. Thomas Egan.

4. The following individuals will be authorized to conduct clearance surveys, handle or otherwise process and provide construction monitoring with regard to the 

### W2 project: 4a. Dr. Alice Karl, Ms. Rachael Woodward and Ms. Jacquelyn 

### E. Smith, Mr. MichaelWilcox and Mr. Nathan Moorhatch, Mr. Thomas Egan, Mr. John Green, Mr. Tsegaye Mengistu, Mr. Steve Meyers, Mr. Ted Rado, Mr. Chris Rodriguez, Ms. Mimi Velton and Mr. GregoryWinton.

5. Individuals authorized to salvage dying deserttortoise pursuant to this permit:

5a. Mr. Michael Wilcox, Mr. Thomas Egan and Mr. Nathan Moorhatch, Dr. Alice Karl, Ms. Rachael Woodward and Ms. Jacquelyn E. Smith, Mr. John Green, Mr. Ted Rado, Mr. GregoryWinton and Mr. Chris Rodriguez.

5.2. Under direction from those individuals listed under section Sa, the following individuals maysalvage dying tortoises:



### 2Mr. Michael Wilcox SCP 801024-03

5b. Mr. Tsegaye Mengistu, Mr. Steve Meyers and Ms. Mimi Velton.

6. Individuals authorized to collect recently dead tortoises, shell skeletal remains, or fecal samples pursuantto this permit:

6a. Dr. Alice Karl, Ms. Rachael Woodward and Ms. Jacquelyn E. Smith, Mr. MichaelWilcox and Mr. Nathan Moorhatch, Mr. Thomas Egan,

6.2 Under direction from those individuals listed under 6a, the following individuals may collect recently desert tortoises or shell skeletal remains:
6b. Mr. John Green, Mr. Tsegaye Mengistu, Mr. Steve Meyers, Mr. Ted Rado, Mr. Chris Rodriguez, Ms. Mimi Velton and Mr. GregoryWinton.

7. Mr. Wilcox shall notify the Department in writing ofthe names of any additional personnel involved with the handling of deserttortoises to be included under this Memorandum of Understanding. Request shall be submitted at least 10 days prior to the requested effective date and shall include; names, resume and qualifications detailing deserttortoise experience and references.

8. All personnel shall have in their possession a copy of this Memorandum of Understanding (MOU) while conducting activities that involve the handling of desert tortoises along with the Scientific Collecting Permit (SCP) for the project. Individuals listed above who have SCPs should also have those while working in the field. Each individual is responsible for knowing the conditions in the MOU. 

### Violations ofthe MOU can lead to removal from the project.

9. Work shall be completed in accordance with the following terms and conditions.

10.The project area is as defined:

The project site - would be located primarilywithin the northwestern portion of Victorville, California (Township 6 North, Range 5 West, Sections 2 and 11 San Bernardino Base Meridian, Helendale and Victorville Northwest U.S. Geological Survey 7.5 Minute Topographical Quadrangles. A portion of the Project's Segment 3 linear utility feature also traverses lands within the Hesperia, Californiajurisdiction.

The translocation area ­



### 3Mr. Michael Wilcox SCP 801024-03 

### All desert tortoises within the Victorville 2 Hybrid Power Project diagnosed as healthy (negative ELISA tests, negative PCR for Mycoplasma, no nasal discharge, and otherwise not eligible for salvage according to the August 2007 salvage protocol (or other updated protocol approved by the Department) may be moved to the translocation site on DFG property described as T11N R6W S3, as approved by the Department. You are authorize to move some animals found within the project site to the agreed upon translocation site. These animals will be distributed at least 

### 0.5 km apart from each other.

11. Research shall be conducted as follows.

a. For all individuals covered under this MOU:


### The permittee shall ensure that all personnel that conduct work under the authority of this permit shall coordinate their activities to reduce the number of times that individual desert tortoises are handled. All desert tortoises within the Victorville 2 Hybrid Power Project diagnosed as healthy (negative ELISA tests, negative PCR for Mycoplasma, no nasal discharge, and otherwise not eligible for salvage according to the August 

### 2007 salvage protocol (or other updated protocol approved by the Department) may be moved to the translocation site on DFG property described as T11N R6W 83, as approved by the Department. You are authorize to move some animals found within the project site to the agreed upon translocation site. These animals will be distributed at least 0.5 km apart from each other.



### A.Translocated tortoises will be placed in the deep shade of a shrub unless placed within a temporary pen detailed below.

B. Each tortoise will be provided free	 water within its transport container (see below) for a minimum of 20 minutes prior to release.

ii. All personnel handling tortoises must be trained and implement the most recent Service-approved guidance developed for handling desert tortoises, Guidelines for Handling Desert Tortoises during Construction Projects (Desert Tortoise Council 1994, revised 1999), with the exception of gUidance involving temperature and prevention of disease transmission. To prevent the spread of infectious diseases, the permittee will implement the disease-prevention guidance in Guidelines for the Field Evaluation ofDesert Tortoise Health and Disease (pages 433 and 434, in Berry and Christopher2001), and personnel will use a 10 percent
4!Mr. Michael Wilcox ,SCP 801024-03 

### solution of bleach for disinfection instead of alcohol. Any deviation from these protocols or the permittee's translocation proposal must first be approved in writing by the Department

iii. 

### All live desert tortoises encountered, of every size, may be captured, measured, marked, sexed, weighed, and released during the term of this permit. Individual desert tortoises shall be marked according to the November 15, 2007, protocol developed for this project and approved by the Department. Marking tools will be disinfected between each use according to the provisions above.

iv. The permittee shall make every effort when handling tortoises to release each desert tortoise within 1/2 hour of its capture. Captured animals shall be released at the same location or beneath a nearby shrub or in their assigned translocation site where they were initially observed. Except during brief 1-minute periods when plastron measurements and photographs require that animals be turned over, animals shall remain in an upright position at all times.

v. If live desert tortoises are transported by vehicle or aircraft, a means of cushioning the desert tortoise shall be used to minimize jarring, bumping, and sliding. Desert tortoises shall not be placed in automobile trunks, on floorboards 

### in an unconfined manner, in the bed of a truck over the exhaust system, or left unattended in vehicles. Each tortoise shall be individually transported in its own, clean plastic container. Containers may be reused only after being disinfected with a 10% bleach solution and dried.

vi. During all handling procedures, desert tortoises must be treated in a
mannerto ensure that they do not overheat, exhibit signs of overheating (e.g., gaping, foaming at the mouth, hyperactivity, etc.), or are placed in a situation where they cannot maintain surface and core temperatures necessary to their well-being. Desert tortoises must be kept shaded at all times until it is safe to release them. For the purposes of this permit, ambient air temperature must be measured in the shade, protected from wind, and at a height of 2 inches above the ground surface.

vii. No desert tortoise shall be captured, moved, transported, released, or purposefully caused to leave its burrow for whatever reason when the ambient air temperature is above 95 degrees Fahrenheit (35 degrees Celsius). No desert tortoise shall be captured if 

### the ambient air temperature is anticipated to exceed 95 degrees Fahrenheit before handling or processing can be completed. If the ambient air temperature


### 5Mr. Michael Wilcox SCP 801024-03 

### exceeds 95 degrees Fahrenheit during handling or processing, desert tortoises shall be kept shaded in an environment, which does not exceed 95 degrees Fahrenheit, and the animals shall not be released until ambient air temperature declines to below 95 degrees Fahrenheit. For translocation, captured tortoises may be held overnight and moved the following morning within these temperature constraints.
viii.Those desert tortoises observed in burrows will be "tapped" out of their burrows similar to methods developed by Philip Medica of the U.S. Geological Survey (Medica, P.A. 1986. Tapping: a technique for capturing tortoises. Herp. Review 17[1]:15-16). If the tapping method should fail, desert tortoises may be extracted from the burrow by hand. Tortoises, as a last resort, may be excavated from their burrows in order to retrieve for translocation.

ix. Radio transmitters shall be attached to desert tortoises similar to the manner described in Boarman et a/. 

### (1998). Radio transmitters and antennae must be mounted so as not to impede growth or the daily activities of the desert tortoise such as burrow construction, righting of overturned desert tortoises, and mating. The permittee has the responsibility to ensure that the well-being of the desert tortoise is not compromised by either the process of attaching radio transmitters or the location and operation of these devices.

x. Desert tortoise surveys shall be conducted as follows: Prior to translocation of tortoises, a site walkover to ensure the best location for the translocated tortoises shall be completed. Within the 100-acre area where tortoises will be translocated, a 100% coverage survey (using USFWS protocols) shall be conducted. The remainder of the section shall be sampled using transects spaced at broad intervals (100-200m). This sampling may extend outside the Reserve as appropriate, depending on where the tortoises are placed. The sampling shall include an assessmenUmapping of the habitat (shrub species composition, evenness and size; soils; substrate; topography; anthropogenic influences, especially those that might be harmful to translocated tortoises), as well as a mapping of the tortoise sign to identify the abundance and distribution of sign. Results of the surveys shall be transmitted to the Department within 5 calendar days of completing the surveys. If resident desert tortoise(s) are located within the translocation area, the Department shall be notified within 24 hours. Department personnel will work with project personnel to determine the best possible translocation area without impacting resident desert tortoise.



### 6Mr. MichaelWilcox SCP 801024-03

xi. If juvenile tortoises	 are to be translocated, a temporary, predator-proof enclosure shall be erected at the translocation site, pursuant to the description on Page 45 of the Final Desert Tortoise Translocation Plan for the Victorville 2 Hybrid Power Project, dated September 9, 2008 (Translocation Plan). Construction and design of the fence shall be coordinated with the Department prior to installation. At least two artificially-created burrows shall be constructed at the translocation site for each translocated tortoise, as described in the Translocation Plan.

xii. Translocated tortoises shall be captured, handled, disease-tested, fitted with radio transmitters, transported to the translocation site, and released, in accordance with measures described in the Translocation Plan. Monitoring shall be conducted as described in the Translocation Plan, with the following exceptions: After release at the translocation site, translocated tortoises shall be monitored no less than every other day until tortoises have moved underground. Upon emergence the foHowing spring, translocated tortoises shall be monitored no less than 3 times/week in April (not consecutive days), twice per week in May (not consecutive days), once per week in June, and twice per month the remainder of the summer and fall (allowing no more than two weeks between each monitoring session) until tortoises move underground. The second spring, translocated tortoises shall be monitored once per week in April and twice per week (not consecutive days) in May. The above schedule may be modified in consultation with Department. Monitoring must be of sufficient frequency to ensure that contact with telemetered animals is not lost.

A. Placement and installation of radio antennae on desert tortoises shall be done in a manner that eliminates voids between the carapace and the antennae (i.e., the antennae attachment shall be flush with the carapace). Antennae may be left trailing unattached behind the tortoise.

B. The	 total mass of the instrumentation that is attached to each desert tortoise including antenna, epoxy, etc., shall not exceed 10 percent of the animal's body mass.

C. Radio transmitters that contain weak batteries shall be removed or replaced before the batteries are likely to fail.

D. Radio transmitters may temporarily (up to 48 hours) be attached to desert tortoises with duct tape, in situations in which full processing


### 7Mr. Michael Wilcox SCP 801024-03 

### cannot be completed to comply with temperature guidelines in 6(a)(ix) above, or when light levels do not allow for processing.

E.

### Any shell damage from attachment or removal of radio transmitters shall be reported in writing within 3 working days to the Department.

F. Adult transrnittered desert tortoises shall be monitored at approved intervals (as detailed above) year-round to ensure that animals are not lost due to long-range movements beyond the area capable of being detected by telemetry equipment. Monitoring is important even during the inactive period (when an animal is brumating). This will facilitate recapture in the spring when the desert tortoise first exits its burrow. If a desert tortoise has a malfunctioning transmitter it can be replaced before the animal becomes active.

G. The permittee shall ensure that transmitters and other equipment are removed from all desert tortoises that can be located prior to the expiration date of this permit. In addition, the permittee shallexercise the best possible effort to locate and remove nonfunctioning transmitters and other equlpment from all desert tortoises. This effort shall include thorough searches of each desert tortoise home range and previously occupied shelter sites. All efforts to locate such desert tortoises shall be documented within the annual and final reports described below, by an estimate of the number of hours spent or areas covered while searching for desert tortoises with non-functioning transmitters and other equipment. Deviation from these conditions requires prior written approval from the Department.

H. The permittee may arrange, with the approval of the Department, to administratively transfer radio-telemetered desert tortoises to another individual permitted by the Department to telemeter desert tortoises. The permittee shall provide evidence to the Department that another permit holder has agreed to accept responsibility for transmitter maintenance and removal. The responsibility for transmitter removal applies to all permittees authorized to attach devices to desert tortoises and to all permittees that accept this responsibility from other permittees.

xii.The	 permittee shall limit vehicle use to existing routes that are designated as being open to vehicle use. Within desert tortoise habitat and during times when desert tortoises are likely to be active, the


### 8Mr. Michael Wilcox SCP 801024-03


### permittee and individuals on the List shall not operate motor vehicles in excess of 25 miles per hour on dirt roads, and they shall watch for and avoid all desert tortoises on the road.

xiiLlf any desert tortoise mortality is suspected as a result of any part of the study methodology (e.g" radio transmitter prevents a tortoise from righting itself or causes it to get caught in vegetation), the permittee shall contact the Department immediately per the incidental injury/kill condition of the permittee's current permit.

xiv.lf a desert tortoise voids its bladder as a result of being handled, the animal shall be rehydrated. The process of rehydrating a desert tortoise will take place at the location where the animal was captured (or to be released, for translocated tortoises), and consist of placing the desert tortoise in a tub with a clean plastic disposable liner. The amount of water that is placed in the lined tub shall not be higher then the lower jaw of the animal. Each desert tortoise shall be rehydrated for a minimum of 10 to 20 minutes. During the period when the desert tortoise is in the tub, the tub will be placed in a quiet protected area. Desert tortoises shall be soaked individually. Rehydration of desert tortoises (that have voided their bladders) via the nares is permitted for those instances where the tortoise begins drinking nasal lavage fluid and butts the syringe for more fluid. The handler must never force liquid through the nares and care must be taken to ensure that desert tortoises voluntarily accept water through their nares and do not aspirate water into their lungs.

xv. Numbered metal tags and stakes that are used to mark desert tortoise burrows or other cover sites, or vegetation sampling locations, shall not consist of highly reflective material, and the tags shall only be placed on the ground (i.e., they shall not be mounted above ground in vegetation). If marked desert tortoise burrows or other cover sites have not been used for a period of 3 or more years, the metal tags and stakes shall be removed and disposed. Flagging of burrows is acceptable to aid in finding tortoises in burrows during the translocation.
xvi.Activities authorized under this permit shall not be conducted pursuant to any other permit held by individuals on the List.

b. For those Individuals authorized to perform the following procedures directly under this MOU:



### 9Mr. Michael Wilcox SCP 801024-03


### d. For those individuals approved under this MOU to conduct monitoring and associated research studies:

i. 

### During the term of this permit, For those individuals approved under this MOU is authorized to sample desert tortoises in the numbers and at the geographic areas described below:



### A. Mark and attach radio transmitters to ALL desert tortoises found according to 6(a)(xi), above.

B. Attach radio transmitters, monitor, and sample (as described below) a maximum of 5, 3, and 3 desert tortoises with carapace lengths of at least 180 millimeters, 100-160 millimeters, and 60-100 millimeters, respectively, within the Translocation Area, including any moved from the project site.

ii. 

### All desert tortoises within 

### the project site determined to have positive ELISA tests, positive 

### peR for Mycoplasma, 

### nasal discharge, or otherwise eligible for salvage according to the August 

### 2007 salvage protocol developed for this project or other updated protocol approved by the Department, shall be moved to individual quarantine pens, constructed in accordance with the permittee's study proposal, at the time of translocation.

iii. 

### All juvenile tortoises within the project site that are too small to receive a radio transmitter will be moved to the FISS enclosure and tested for URTD. Tortoises testing negative will be translocated as per conditions detailed, above. Tortoises testing positive will be held in quarantine as per details above.

v. Desert tortoise nests may be screened with predator-proof enclosures, which must be checked daily, in order to collect emergent hatchlings.

vi. Single	 blood samples may be collected from hatchlings, juveniles found at or away from nests, and from all tortoises that are not included as part of the studies conducted by those individuals listed and conditioned in sections 1a and 2a.

A. 

### For tortoises greater than or equal to 180 millimeters carapace length, the maximum amount of blood that will be collected from the brachial vein or subcarapacial sinus will be 2.0 cubic centimeters (total volume of all fluids) per sample.

12Mr. Michael Wilcox SCP 801024-03



### B. For	 tortoises less than 180 millimeters carapace length, the maximum amount of blood (total volume of all fluids) per sample that will be collected from the brachial vein or subcarapacial sinus will be calculated according to the October 2007 protocol for bleeding juvenile tortoises developed for this project or other updated protocol approved by the Department.

C. If the	 amount of blood that is drawn from an individual desert tortoise is more than what is 

### required to address the individual's health, this blood shall be archived and only used for the specific purposes that have been approved by the Department. The facilities that archive unused blood shall only make such samples available to entities as approved or directed by the Department.

D. Blood drawn will be submitted to Dr. Mary Brown at the University of Florida Mycoplasma Research Lab (1600 SW Archer Rd., BSB 350, Gainesville Florida 32610),

viii.A

### maximum of 5 

### telemetered tortoises may be enclosed within pens located at designated sites as discussed in section 4.6 of the tortoise translocation plan.



### A. Pens will be constructed of 1"x 2" wire mesh folded at 90° at ground surface.

B. Any resident tortoises within the penned area will be removed and placed in a shaded location outside and adjacent to the pen.

C. 

### Each tortoise placed in a pen will be placed as far as possible into a natural burrow or an artificial burrow constructed according to the Service-approved guidance developed for handling desert tortoises, Guidelines for Handling Desert Tortoises during Construction Projects 

### (Desert Tortoise Council 1994, revised 1999).

12. If translocation/research activities may have caused or contributed to the injury or death, immediately cease the activity until reauthorized by the Department, which may, after analysis of the circumstances of mortality or injury, revoke or amend this permit. If the desert tortoise appears to have died or been injured in a manner unrelated to research activities, the permittee may continue with permitted activities.

a. Immediately notify the Department (telephone: 661-285-5867). The permittee must follow-up such verbal notification in writing. With the written notification, the permittee must include a report of the circumstances that led
13Mr. Michael Wilcox SCP 801024-03 

### to the injury or mortality. A description of the changes in activity protocols that will be implemented to reduce the likelihood of such injury or mortality from happening again must be included, if appropriate. The incident shall also be discussed in the annual report.

b. The written report shall be sent to the California Department of Fish and Game (CDFG), Habitat Conservation Planning Branch, 1416 Ninth Street, Sacramento, California 95814 (telephone: 916-653-4875) and Eric Weiss at (760) 246-8828 or eweiss@dfg.ca.gov. Designated depositories: The Wildlife and Fisheries Museum, University of California, Davis, California; the Museum of Vertebrate Zoology, University of California, Berkeley, California; or the Department may approve other depositories.

13.All reports or other documents which include information gathered under the authority of this permit (e.g., papers in peer-reviewed journals) shall reference this authority. Copies of such documents shall be provided to the Department upon their completion. Draft documents, raw/field data and notes, and other information collected from work conducted under this permit shall be submitted to the Service upon request.

14. Failure to comply with reporting requirements may result in non-renewal or suspensionl revocation of this permit.

15.You must submit an annual written report, along with health profile forms to the Department by January 31, following each year this permit is in effect. Copies of any reports submitted to the U.S. Fish and Wildlife Service pursuant to the authorizations above will satisfy this requirement. The annual report shall be in the following format:

a. An introduction section addressing reasons and objectives for taking the species.

b. A methodology section addressing data collection and analysis procedures and the number of radio transmitters and temperature data loggers that have been installed on desert tortoise.

c. A results section that provides the data collected.
Each annual report shall also include maps or other appropriate figures depicting the location of the study site; the numbers and location of desert tortoise that may have died each year; if animals voided their bladder when it was handled; and other pertinent observations made during sampling efforts regarding the status or ecology of the species. These records must be submitted with the annual report.

14Mr. Michael Wilcox SCP 801024-03

16. This MOU is valid only with concurrent Federal authorization and expires upon the completion of this project or expiration of your current SCP or Federal Permit, whichever is earliest.

17. This letter and a current, valid SCP must be in possession when conducting permitted activities and must be shown upon requestto any persons authorized to enforce Fish and Game regulations.

18. All reports and information on injuries/mortalities shall be submitted to Mr. Eric Weiss 12550 Jacaranda Ave, Victorville CA 92395 (760) 246-8828 or eweiss@dfg.ca.gov.

26. The Departmentwill incur no fiscal obligations underthis Memorandum of Understanding.

27. The Department may accompany the permittees during any activity conducted pursuantto this permit.

28. This Memorandum of Understanding shall become effective when signed by the parties hereto and shall expire as mentioned above, unless terminated
sooner by either party of this Memorandum giving thirty days prior written notice of earliertermination. This Memorandum shall be SUbject to renewal prior to the termination date with the approval of both parties.

This memorandum of Understanding has been executed by and on behalfof the parties hereto as of the dates shown below.

# ~~. 

# - Broce Kinney 

# {**Da~** Deputy Regional Mana: Inland Deserts Region (R6) Department of Fish and Game Bishop, California

Mr. Michael Wilcox Date AMEC Environmental Consultinq 3120 Chicago Avenue, Suite110 Riverside, CA 92507

[End of MOUl

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