State of California - The Resources Agency ARNOLD SCHWARZENEGGER. Governor 

DEPARTMENT OF FISH AND GAME 

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 

September 30,2008 

Mr. Jon Roberts 

City Manager 

City of Victorville 

14390Civic Drive 

Victorville, CA 92392 

SUbject: Letter of Permission to Enter West Mojave Desert Ecological Reserve to 

Translocate Desert Tortoises 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 enter certain areas (see 

attached map) within the West Mojave Desert Ecological Reserve (Reserve), located in 

San Bernardino County, to conduct desert tortoise translocation and monitoring 

activities as described below. The Department desires to gather preliminary data on the 

feasibility of re-establishing or augmenting desert tortoise populations using surplus 

animals removed from disturbed areas. Desert tortoises will be translocated to 

Department land from the Victorville 2 Hybrid Power Project. 

Permission is hereby granted to the individuals named in the Memorandum of 

Understanding Between the Department and Mr. Michael Wilcox (MOU) to enter the 

Reserve to conduct desert tortoise surveys, construct artificial burrows, construct and 

remove temporary fencing if necessary, and conduct desert tortoise 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 Letter of Permission to Enter contains the Department's 

requirements for the translocation of desert tortoises onto Department lands. This 

state authorization does not necessarily create an entitlement to proceed with the 

Victorville 2 Hybrid Power Project. As the Permittee, you are responsible for 

complying with all other applicable state, federal, and local laws, and it is your 

responsibility to 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: 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% 

Conseroinq Ca(ifomia's UJiU(ife Since 1870
 
coverage survey (using USFWS protocols) shall be conducted. The remainder of the 

section shall be sampled using transects spaced at broad intervals (1DO-200m). This 

sampling may extend outside the 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, 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. 

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. 

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 following spring, 

translocated tortoises shall be monitored no less than 3 timeslweek 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. Email status reports documenting 

monitoring results shall be submitted to the Department weekly (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 desert tortoise 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 tortoises 
move underground for the winter, and shall resume in spring, 2009. Monitoring shall 

continue on this same schedule through summer 2010, 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 geological formations 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 other form of plant 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, 

spear gun, or any other weapon 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 January 31. 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 of these rules or requlations or for any reason when it appears 

that the general safety or welfare of the 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 enter any Ecological Reserve between sunset and sunrise 

except with written permission from the Department. 

7) The release of any fish or wildlife species, inclUding domestic or domesticated 

species, or the introduction of any plant species, is prohibited. 

8) The feeding of wildlife 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 that purpose. Where no designated 

receptacles are provided, any refuse resulting from a person's use of an area 

must be removed from that area by such person. 

11)Pets, inclUding dogs and cats, are prohibited from entering reserves unless they 

are retained on a leash of less than ten feet or are inside a motor vehicle. 

12)No person shall light fireworks or other explosive 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 tamper with, damage, or remove any property not his own when 

such property is located within an Ecological Reserve. 

This Letter of Permission is contingent upon the following terms and conditions: 
1. A copy of this 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/or any 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 of the data collected (including GIS/shape files, 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 

Attachment 
State of California - The Resources Agency	 ARNOLD SCHWARZENEGGER, Governor 

DEPARTMENT OF FISH AND GAME 

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 personnel to 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 SW Archer Rd., BSB 350, Gainesville Florida 

32610), kill for the purpose of salvage and release, and collect carcasses for the 

coverage under the 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 copy to Mr. Eric Weiss, 

12550 Jacaranda Avenue, Victorville California 92395. Keep the other two copies 

for your 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 comes first. 

If you have any questions or need additional information 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[{ije Since 1870 
Mr. Michael Wilcox 

SCP 801024-03 

BY AND BETWEEN
 

MR. MICHAEL WILCOX
 

AND
 

CALIFORNIA DEPARTMENT OF FISH AND GAME
 

FOR
 

THE DESERT TORTOISE
 

[Scientific Collecting Permit 801024-03; October 2008]
 

This Memorandum of Understanding is made and entered into by and between 

Mr. Michael Wilcox principle investigator for the Victorville 2 Hybrid Power 

Tortoise Translocation Project for activities at and within the proximity of the 

Victorville 2 Hybrid power project and the translocation site in California, and the 

Department of Fish and Game, California, hereinafter called the Department. 

WITNESSETH 

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

and 

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

desert tortoise habitat and, 

Whereas, the Desert Tortoise Translocation Plan recommends research and 

translocation of desert tortoise within some Desert Wildlife Management Areas in 

the Mojave Recovery Units in California, and 

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

1. Mr. Michael Wilcox, and others listed in this MOU will work with the 

Department in reducing adverse impacts to the desert tortoise. 

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 SW Archer Rd.• BSB 350. Gainesville Florida 32610), kill 

for the purpose of salvage, and release desert tortoises, 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 investigators for the W2 desert tortoise translocation and monitoring program. 

1 
Mr. 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), translocate tortoise, 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 individuals will be authorized to conduct clearance surveys, handle or 

otherwise process, affix transmitters [under the 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 (under the 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. 

Michael Wilcox 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. Gregory Winton. 

5. Individuals authorized to salvage dying desert tortoise 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. Gregory Winton and Mr. Chris Rodriguez. 

5.2. Under direction from those individuals listed under section Sa, the following 

individuals may salvage dying tortoises: 

2 
Mr. 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 pursuant to this permit: 

6a. Dr. Alice Karl, Ms. Rachael Woodward and Ms. Jacquelyn E. Smith, 

Mr. Michael Wilcox 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. Gregory Winton. 

7. Mr. Wilcox shall notify the Department in writing of the names of any additional 

personnel involved with the handling of desert tortoises 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 desert tortoise 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 of the 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 primarily within 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, California jurisdiction. 

The translocation area ­

3 
Mr. 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 of Desert Tortoise Health and Disease (pages 433 and 

434, in Berry and Christopher 2001), 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 

manner to 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 

5 
Mr. 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. 

6 
Mr. 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 

7 
Mr. 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 shall 

exercise 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 

8 
Mr. 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: 

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Mr. 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. 

12 
Mr. 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 

13 
Mr. 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. 

14 
Mr. 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 request to 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 Department will incur no fiscal obligations under this Memorandum of 

Understanding. 

27. The Department may accompany the permittees during any activity 

conducted pursuant to 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 earlier termination. 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 behalf of 

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 

15