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WSP12496
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Last modified
1/26/2010 4:16:21 PM
Creation date
7/24/2007 12:39:45 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
82240.300.31.I
Description
SJRIP - Section 7 Consultaitons
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
6/19/2002
Author
San Juan River Basin Recovery Implementation Coordination Committee
Title
Principles for Conducting Endangered Species Act Section 7 Consultations on Water Development and Water Management Activities Affecting Endangered Fish Species in the San Juan River Basin - 06-19-02
Water Supply Pro - Doc Type
Report/Study
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<br />e <br /> <br />e <br /> <br />[J0151~ <br /> <br />Coordination Committee urges the Service, consistent with the applicable regulations and policies, <br />to address the section 7 consultation needs ofthe tribes. Moreover, the Coordination Committee <br />recognizes that the Department of the Interior intends to use its authority to the fullest extent <br />possible to preserve and protect the water resources ofthe tribes in the Basin. <br /> <br />3.0 Long Range Plan <br /> <br />The Program's initial Long Range Plan (LRP) was necessarily focused on the approximate seven- <br />year research period as defined in the Service's October 25, 1991 Animas-La Plata biological <br />opinion issued to the Bureau of Reclamation. The LRP defined the principal Program actions <br />scheduled for completion through 1997. The efforts during the research period did not include <br />implementation of specific, on- the-ground recovery actions that would directly benefit endangered <br />fish or their habitat. Now that the initial research period has concluded, the Program's Biology <br />Committee is in the process of identifying and prioritizing all foreseeable actions determined to be <br />necessary to achieve recovery of endangered fish and their habitats in the Basin, including projects <br />requiring capital construction funds, and is developing an updated LRP. The Coordination <br />Committee will review the recommendations of the Bio logy Committee and adopt an updated <br />LRP, incorporating capita~ monitoring, and research projects as appropriate. The LRP, as <br />amended and updated annually, will be the basis for formulating annual budgets, making funding <br />requests to Congress and state legislatures for the Program, and provision of funding by Western <br />Area Power Administration from power revenues pursuant to P.L. 106-392. The LRP will be <br />reviewed annually by the Program and modified as needed to reflect new information and actions <br />needed to achieve recovery while continuing with water development. Additionally, amendments <br />to the LRP will reflect available funding and changes in priorities for implementation of recovery <br />actions. Any actions proposed in the LRP will be in compliance with the ESA. <br /> <br />4.0 Incidental Take <br /> <br />Section 9 of the ESA and federal regulation pursuant to section 4(d) of the ESA prohibit the take <br />of endangered and threatened flSh and wildlife species, without a special exemption. Take of listed <br />flSh and wildlife species is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, <br />capture or collect, or to attempt to engage in any such conduct. Harm is further defined by the <br />Service to include significant habitat modification or degradation that results in death or injury to <br />these species by significantly impairing essential behavioral patterns including breeding, feeding, or <br />sheltering. Harass is defined by the Service as intentional or negligent actions that create the <br />likelihood of injury to these species to such an extent as to significantly disrupt normal behavior <br />patterns which include, but are not limited to breeding, feeding or sheltering. Incidental take is <br />defmed as take that results from, but is not the purpose of, carrying out an otherwise lawful <br />activity. <br /> <br />Incidental take statements contained in biological opinions exempt federal action agencies and <br />sponsors of water development and water management activities (project sponsors) from the <br />ESA's section 9 prohibitions so long as they are in compliance with any reasonable and prudent <br />measures and implementing terms and conditions that minimize take. The Service will include <br />incidental take statements in all biological opinions for activities in the Basin, even when no take is <br /> <br />2 <br />
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