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<br />000954 <br /> <br />In order to more efficiently implement the reasonable and prudent alternatives, R WPC and the <br />Service will sign a Recovery Agreement that outlines the responsibility of each party. <br /> <br />An incidental take statement was included in the Service's biological opinion to address <br />incidental take during certain circumstances when the fish screen may not be operational. Take <br />may also occur when adult or subadult fish become impinged on the fish screen or stranded in <br />the fish return pipe when the fish screen is in operation, or stranded in the fish ladder when it is <br />dewatered. Terms and conditions of the incidental take statement are described in biological <br />opinion (Attachment B) and include: <br /> <br />1. ' The Recovery Program shall continue to monitor larval endangered fishes on the <br />Gunnison River through larval fish sampling. The Recovery Program shall <br />continue to obtain infomiation on location of spawning sites. The Recovery <br />Program shall continue to monitor the status of the adult and subadult endangered <br />fishes in the Gunnison River. <br /> <br />2. The R WPC shall provide a report to the Service annually that enumerates the <br />number of days the fish screen was not operated and the reasons the fish screen <br />was not operated. If during the first year of operation, major problems are <br />encountered, R WPC shall contact the Service and cooperatively determine a <br />course 'of action to resolve the problem. Meetings should be held periodically to <br />continue enhancing the operation of the fish screen. ' <br /> <br />3. The RWPC shall report any dead or injured endangered fish found in vicinity of . <br />RWPC to the Project Leader, Fish and Wildlife Service, Colorado Fishery Project, <br />Grand Junction, Colorado (970/245-9319). As required by protocol, the Service <br />will report any dead or injured listed species to the Service's Division of Law <br />EnforCement. <br /> <br />INDIAN TRUST ASSETS <br /> <br />Indian trust assets are legal interests in property held by the United States for Indian Tribes or <br />individuals. Reclamation and other Federal agencies share the responsibility to protect these <br />assets. There have been no trust assets identified in the project area, and therefore no impacts on <br />these assets are predicted. . <br /> <br />ENVIRONMENTAL JUSTICE <br /> <br />Executive Order 12898 on Environmental Justice provides that Federal agencies analyze <br />programs to assure that they do not disproportionately adversely affect minority or low income <br />populations or Indian Tribes. There are no potentially affected minority or low income <br /> <br />19 <br />