The Endangered Species Act was created by Congress in 1973 as a means to extend Federal protection to species of wildlife in danger of extinction. The Act requires all Federal Agencies to conserve species, subspecies, or populations listed as endangered or threatened and ensure that the continued existence of a listed species is not jeopardized, and that designated critical habitat of a listed species is not destroyed or adversely modified.  It is illegal for any unauthorized person to take, kill, harm, or harass a threatened or endangered species.  The Endangered Species Act provides civil and criminal penalties; with fines from $25,000 to $50,000 per “take” and possible imprisonment for up to six months.

Since 1990, the desert tortoise has been listed as a Threatened Species under the Endangered Species Act.  Desert tortoises are also protected by Nevada State law. In recent years, the desert tortoise has undergone drastic population declines throughout large portions of its range. These declines are likely due to several factors such as pet collection, increased predation by ravens, respiratory disease, and encroachment by humans into their habitat. These factors have caused the loss of both tortoises and habitat.

You and/or your company may be penalized for illegal “take” of a desert tortoise, or unauthorized “taking” of desert tortoise habitat. An example of an unauthorized habitat take would be working outside of right-of-way boundaries. An example of an illegal tortoise take would be crushing and animal while speeding. Projects which are permitted under Section 7 of the ESA may allow a defined number of incidental “takes” which may not be exceeded.

Tortoises are found throughout the Mojave Desert in Nevada, California, and Utah as well as the Sonoran Desert, and western Arizona. They prefer the sandy and gravelly soils of desert valleys and alluvial fans, and range up to elevations of 5,000 feet in mountain washes and steep-sided canyons. The Mojave desert tortoise is associated with creosote brush habitats.

Tortoises brumate (a lighter version of hibernation) during winter (mid-November to mid-March) and emerge on the first warm days in March.  They are most active during April and May when plants they feed on have germinated. During the summer tortoises are usually active in the mornings, evenings, and following rain showers. During the heat of a summer day, they may rest in the shade of a bush, or return to their burrows. Breeding occurs during April and May. The young hatch in late August.  Hatchlings are about 1.5 inches in length. Mojave Desert Tortoises can live to about 80 years, may exceed 12 inches in length, and weigh up to 13 pounds. This is to be understood as a generalization, as tortoises can be seen and found at any time of the year, especially after a rain event.

Tortoises feed on flowers, grasses and cacti. They drink water if available, and construct shallow depressions in the desert pavement to gather water during rain showers. Tortoises spend over 90% of their life underground in burrows and pallets they have constructed. Burrows are tunnels, often over 6 feet long. Pallets are shorter; usually less than two feet long. Tortoise burrows and pallets are half-moon in shape, and generally are a snug fit for the tortoise using them. Burrows and pallets have a low entrance angle and are frequently placed at the base of a creosote bush, on a hillside, or a bank of a wash. Caliche caves are often used as a shelter by tortoises and have been reported as communal hibernation sites. Tortoises will seek temporary shade under bushes, rocks, and parked vehicles in order to regulate their body temperature.