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<br />, <br /> <br />35 <br /> <br />2. Changes in tributary and main channel flow patterns contributed to <br />the accumulatian-of heavy metals and other contaminants in historic <br />bottomland areas. As use of these areas increases through <br />operatianal changes, these areas will require same cleanup effort. <br />Reclamation should continue its active role in cleaning up these <br />habitats. <br /> <br />INCIDENTAL TAKE <br /> <br />Section 9 of the Act prohibits any taking (harass, harm, pursue, hunt, shoat, <br />wound, kill, trap, capture or collect, or attempt to engage in any such <br />conduct) of listed species without a special exemption. Harm is further <br />defined to include significant habitat modificatian .or degradation that <br />results in death or injury to endangered fish and wildlife by significantly <br />impairing behaviaral patterns such as breeding, feeding, or sheltering. Under <br />the terms of Section 7(b)(4) and Section 7(.0)(2), taking that is incidental to <br />and not intended as part of the agency action is not considered taking with <br />the bounds of the Act pravided that such taking is in compliance with the <br />incidental take statement. <br /> <br />With protective provisions included in the reasonable and prudent alternative <br />contained herein, the Service does not anticipate that the propased operatian <br />of Flaming Gorge Dam will result in any incidental take of Colarado squawfish, <br />humpback chub, bony tail chub, razorback suckers, bald eagles, peregrine <br />falcons, or Utah ladies'-tresses. Accordingly, no incidental take is <br />authorized. Should any take occur, Reclamation must reinitiate formal <br />consultation with the Service and provide detailed circumstances surrounding <br />the take. <br /> <br />The incidental take statement provided in this opinion satisfies the <br />requirements of the Act. This statement does not constitute an authorization <br />for take of listed migratory birds under the Migratory Bird Treaty Act, the <br />Bald and Golden Eagle Protection Act, .or any other Federal statute. <br /> <br />CONCLUSION <br /> <br />This concludes the bialogical opinion on the impacts of operation of Flaming <br />Gorge Dam. The Service determined that current operation of Flaming Gorge Dam <br />is likely to jeopardize t~e continued existence of the endangered fish in the <br />Green River; however, a reasonable and prudent alternative which offsets <br />jeopardy to the endangered fish was identified as a result of this <br />consultation. <br /> <br />The reasonable and prudent alternative includes: <br /> <br />1. refinement of the operation of Flaming Gorge Dam so that flow and <br />temperature regimes of the Green River will more closely resemble <br />natural conditions; <br />