BOARDJAN01

• Board Meeting Date: 1/24/2001
• Description: Colorado River Interim Surplus Guidelines Final Environmental Impact Statement
• Board Meetings - Doc Type: Other

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of the bony tail chub, razorback sucker, Yuma clapper rail, and southwestern willow flycatcher or
result in the destruction or adverse modification of critic.al habitat for the razorback sucker in the
Lower Colorado River. Reclamatim has provided conservation measures that would be part of
the proposed action once selected. These measures are designed to reduce the significance of the
effects of the action on li,ted species and critical hab~at. These conservatim measures are
identified in this ROD in Section X.- Environmental Impacts am Implenlentation of
Environmental Commitments, Part 4 - Special Status Species.

Reclarmtion consuhed with the Service and the National Marine Fisheries Service (NMFS)
through a supplemental biologi:al assessment (SBA) on Transboundary effects in Mexico from
the proposed action for Interim Surplus Criteria by memoranda dated January 9, 2001. These
consultations do not reflect any conclusion on Reclamation's part that consultation is required, as
a matter of law or regulation, on any possible impact the adoption of interim surplus criteria may
have on U.S. listed spec~s in Mexico. Rather, consuhation on these effects have proceeded with
the expressed understanding that it may exceed what is required under applicable Federal law and
regulations and does not establish a legal or policy precedent.

The Service responded to Reclamation's memorandum on Transboundary effects on January II,
2001. The Service noted that Reclamation requested Service concurrence with a finding of "may
affect, not likely to adversely affect" for the endangered southwestern willow flycatcher and
totoaba (Toloaba macdonaldi). Reclamation also made findings of "no effect" to the endangered
desert pupfish, Yuma clapper rail, and the vaquita (Phocaena sinus). The Service stated that it
does not have jurisdiction in section 7 consultations for marine species such as the vaquita and
totoaba, therefore they are not discussed in their n:emonmdum. The Yuma clapper rail is not
listed under the Endangered Species of 1973 (as amended) outside of the Un~ed States.
Therefore, Yuma clapper rails in Mexico are not protected or considered in the section 7
consultation and are not discussed further in their memorandum. The Service concurred with
Rechmation's finding of "no effect" for the desert pupfish. The Service fmds that the effects of
the Interim Surplus Criteria as described in the SBA are insignificant and concurs with
Reclamation's finding of "may affuct, not likcly to adverselyaffuct" fOr the southwestern willow
flycatcher.

The NMFS responded to Reclarmtions's memorandum on Transboundary effects on January 12,
2001. Recbmationconc1uded that the proposed action for the Interim Surplus Criteria will ''not
affect" the Yun-a clapper rai~ desert pupfish, and the vaquita. Reclamation also concluded that
the proposed interim surplus critcria "may atfect, but is not likely to adversely aftect" the
southwestern willow flycatcher and totoaba and requested concurrence with this tinding for the
endangered totoaba. In their response the NMFS concurred with Recbmation's determimtion
that the implemcntation of the preterred alternative will not likely adversely affect the totoaba.
This finding concludes informal consultation pursuant to section 7 of the Endangered Species Act
and its implementing regulations.

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