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I I I I I I I I I I I I I I I I I I I OJ2317 By letter dated April 10, 1996, Reclamation provided the National Marine Fisheries Service (NMFS) a copy of the March 1996 draft of this BA. In its June 28, 1996, letter, NMFS indicated that the totoaba and vaquita were under its jurisdiction as endangered under ESA. They determined that the vaquita and four species of listed sea turtles are not likely to be adversely affected by Reclamation's lower Colorado River operations. In terms of the totoaba, NMFS indicated that Reclamation's operations may potentially affect this species but requested additional information regarding treaty obligations and the Secretary's discretion concerning the delivery of Mexican Treaty water. This information is provided in Sections II and IV (totoaba discussion) of this document. The temporal scope for this section 7 consultation on Colorado River operations and maintenance is for a period of up to 5 years, or until the long-term MSCP is developed, whichever comes first. Due to the scope and complexity of issues involved on such a large river system, it is felt that the time frame of "up to 5 years" is necessary to formulate and implement a comprehensive, efficacious MSCP. It is expected that the MSCP will be developed and implemented well within this time frame and that interim conservation measures and/or any potential reasonable and prudent alternatives and measures proposed by FWS, as a result of this consultation, will address the needs of listed species and designated critical habitat during the development of the MSCP. Under the "reinitiation of formal consultation" provisions of 50 CFR 402.16, Reclamation will re-consult prior to the end of the 5-year period on its discretionary involvement or control over the action under consultation, or its implementation of its portion of the MSCP. Critical habitat, as defined in section 3(5)(A) of the ESA, means "(i) the specific areas within the geographical area occupied by the species at the time it is listed..., on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by a species at the time it is listed..., upon a determination by the Secretary that such areas are essential for the conservation of the species." .. Conservation," as defined by section 3(3), ESA, means "... the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this Act are no longer necessary. " On April 20, 1994, much of the mainstream Colorado River from Lake Mead to Imperial Dam was designated as critical habitat for either or both the razorback sucker and bony tail (FR, Vol. 59, No. 54, March 21, 1994) (Figure 3). Of the original critical habitat proposal, only the "Davis Dam to the upstream end of Topock Marsh on the mainstream Colorado River" was determined "separable" and not designated as critical habitat. The primary constituent elements used to define critical habitat for the razorback sucker and bony tail are water, physical habitat, and biological environment (FR, Vol. 58, No. 18, January 29, 1993). The lateral boundary of the designated critical habitat includes Lakes Mead, Mohave, and Havasu ..... to their full pool elevations," and those portions of the loo-year flood plain that contain the constituent elements. Five additional selection criteria, primarily habitat requirements for reproduction and recruitment and special management or 11