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. VIII. Status Of Consultation On Special Status Species Under Section 7(a)(2) Of The Endangered Species Act . On January 11, 200 I, Reclanmtion received a memorandum from the U.S. Fish and Wildlife Service (Service) pursuant to the Endangered Species Act (Act) of 1973, as amended, responding to Reclamation's November 29,2000 memorandum regarding the adoption of proposed Interim Surplus Criteria for the lower Colorado River and its possible effects to endangered species and their critical habitat in the river corridor below Glen Canyon Dam to Separation Rapid from Glen Canyon Dam operations. Reclamation's November 29,2000 memorandum concluded that the proposed project may affect, but is not likely to adversely affect, listed species in the Colorado River corridor or their critical hab~at from Glen Can)On Dam to the headwaters of Lake Mead. The species of consideration include the endangered humpback chub (Gila cypha) with critical hab~at, endangered razorback sucker (Xyrachen texanus) with critical habitat, endangered southwestern willow flycatcher (Empidol/ax extimus trailli) without critical habitat, and threatened (proposed delisled) bald eagle (Haliaeetus leucocephalus) without critical habitat. The Service concurred w~h Reclamllion's determination that a 2 percent change in the frequency of occurrence of experimental flows as a rcsuh of Interim Surplus Criteria ''may aftCct, but is not likely to adversely affect thc above mentioned listed species or their critical habitat." The Service also concurred with Rechmation 's detennination that a change in the frcquency of Beach Habitat Building Flows (BHBF) through the Grand Canyon from I in 5 years, to the current estimate of I in every 6 years with the adoption ofInterim Surplus Criteria "may affect. but is not likely to adversely affect listed specics or adversely nuditY their critical habitat" given that BHBF's are not required to remove jeopardy to native fish, nor required to minimize incidental take, and have not provcn critical to the survival or recovery ofnative fishes. No further section 7 consultation is required for the adoption of Interim Surplus Criteria in the Grand Canyon at this time. On January 12, 200 1 ReclamatDn recei,ed a Biological Opirlion (BO) from the Service for Interim Surplus Criteria, Secrctarial Impl:mentation Agreements, and Conservation Measures On the Lower Colorado River, Lake Mead to the Southerly International Boundary, Arizona, California, and Nevada. This BO is based on infornlation provided in the August 31, 2000 biological assessment, the DEIS for Interim Surplus Criteria, and fmal conservation measures provided by Reclamation on January 9, 2001. The species under consideration include the razorback sucker, bonytail chub (Gila elegal/s), desert pupfish (Cyprinodon macularius), Ywna clapper rail (Rallus IOl/girostlis yumal/el/sis), brown pelican (Pelecanus oa:idel/talis), southwestern willow flycatcher, the threatened desert IOrto ise (Gopherus agassizii) and bald eagle; am designated critical habitat for the razorback sucker and bon)tail chub. The service previously concurred with Reclamation's detern~nation of'is not likely to adversely affect" lor the bald eagle. Reclamation has also made fmdings of "no efrect" for the desert pupfish, brown pelican, and desert tortoise and critical habitat for the bonytail chub. After reviewing the current status of the bony tail chub, razorback sucker, Yuma clapper rail and southwestern willow flycatcher, the environrnental baseline tOr the action area, the effects of Interim Surplus Criteria, including conservation measures, am cumulative effects, it is the Service's biological opinion that the proposed action of Interim Surplus Criteria is not likely to jeopardize the continued existence . 10