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<br />Federal Register / Vol. 59, No. 54 / Monday, March 21, 1994 / Rules and Regulations 13385
<br />Opinion issued on October 25, 1991 by
<br />the Service, the Bureau of Reclamation
<br />agreed to fund 7 years of research and
<br />to develop a Recovery Implementation
<br />Program for the San Juan River. On
<br />October 24, 1991, a Memorandum of
<br />Understanding was signed by the -
<br />Service, the Bureau of Reclamation, the
<br />Bureau of Indian Affairs, States of
<br />Colorado-and New Mexico, the Ute
<br />Mountain. Indian Tribe, the Southern
<br />Ute Indian Tribe, and the Jicarilla
<br />Apache Indian Tribe to set forth certain
<br />agreements and to establish a San Juan
<br />Recovery Implementation Program
<br />(SJRLP). The SJRIP provides the basis for
<br />the recovery of the endangered fishes of
<br />the San Juan River.
<br />The 7-year research effort focuses-on
<br />observing the biological response of
<br />endangered fish populations to habitat
<br />conditions after the reoperation of
<br />Navajo Dam to meet the needs of the
<br />Colorado squawfish and razorback
<br />suckeL The recovery elements define
<br />the major categories of activities that
<br />will be conducted to recover
<br />endangered fish species and maintain
<br />the native fish community in the San.
<br />Juan River Basin. Intensive studies are
<br />being conducted by the SJRIP to
<br />determina'tlze relative abundance and
<br />distribution of endangered fishes and
<br />othermative and nonnative fishes
<br />Modification and loss of habitat, fish
<br />poisoriing,and nonnative fishes have
<br />contributed to the decline of the
<br />Colorada.squawfish and razorback
<br />sucker in the San Juan River Basin.
<br />Regulating structures, such as Navajo
<br />Dam, can be operated to control river
<br />flow and temperatures to affect the
<br />quantity and quality of habitats in
<br />certain river reaches during periods
<br />when they are most critical to
<br />endangered fish species. After
<br />determining appropriate flow needs, the
<br />Biology Committee of the SJRIP, with
<br />input from the Bureau of Reclamation,
<br />will recommend specific flow regimes
<br />to the Service. It is anticipated that the
<br />water for habitat improvement will be
<br />provided by the reoperation of Navajo
<br />Dam.
<br />The Bureau of Reclamation-has agreed
<br />that it will operate Navajo Dam to ,
<br />provide a more natural hydrograph, if
<br />the research shows this type of
<br />hydrograph is beneficial to recovery of
<br />endangered species and the native fish
<br />community. If habitat and flow needs
<br />are identified that cannot be met by
<br />reoperatioa of Navajo Dam, additional
<br />sources of water to meet those needs
<br />will be identified on a case-specific
<br />basis. The success of the SJRIP is
<br />contingent upon the legal protection of
<br />water released for habitat flows
<br />pursuant to Federal. State, and tribal
<br />laws.
<br />To date, 15 years of research and $18
<br />million have been spent in fish stocking
<br />and research on these fish species in the
<br />Lower Basin. A combined research and
<br />management effort continues in the
<br />Lower Basin. This effort involves
<br />researchers from Arizona State
<br />University, Arizona Game and Fish
<br />Department. Nevada Department of
<br />Wildlife, California Fish and Game
<br />Department, Bureau of Reclamation,
<br />Bureau of Land Management, and the
<br />Service. These groups are currently
<br />developing protected grow-out areas in
<br />lakes Mohave and Havasu for razorback
<br />sucker and bonytail. To date, this effort
<br />has shown get potential.-Additionally,
<br />there was a 10-year effort to restore
<br />razorback suckers and Colorado
<br />squawfish into the Gila River drainage.
<br />An extensive research program has
<br />been initiated as part of the Glen
<br />Canyon Environmental Studies (GOES)
<br />to determine life history and ecology of
<br />the humpback chub in the Grand
<br />Canyon. The humpback chub was one of
<br />the initial species listed under the Act.
<br />In 1978, the Service issued a jeopardy
<br />Biological Opinion on the existing
<br />operation of Glen Canyon Dam, but
<br />needed further research to determine
<br />what actions are needed to benefit the
<br />listed fish. At that time, limited
<br />information existed on the distribution,
<br />abundance, life history, and habitat use
<br />for the Grand -Canyon populations in the
<br />Colorado River msinstem and its
<br />associated tributaries. The inception of
<br />these studies is an outcome of the initial
<br />GCES/Phase I effort and Service
<br />conservation measures developed as
<br />part of long-term recovery effort for the
<br />species. The research program involves
<br />a coordinated effort among four
<br />principal entities (Arizona State
<br />University, Arizona Game and Fish
<br />Department, Bureau of Reclamation, and
<br />the Service), each addressing specific
<br />study objectives. This program is part of
<br />the short-term experimental research for
<br />the Glen Canyon Dam Environmental
<br />Impact Statement. A commitment to a
<br />long-term research and monitoring
<br />program exists and will function as a
<br />conduit for the culmination of
<br />additional information generated
<br />through the endangered species
<br />research.
<br />Relationship of Critical Habitat to
<br />Other Provisions of the Act
<br />Introduction
<br />The purpose of the Act, as stated in
<br />section 2(b), is to provide a means to
<br />conserve the ecosystems upon which
<br />endangered and threatened species
<br />depend, and to provide a program for
<br />the conservation of listed species.
<br />Section 2(c)(1) of the Act states that
<br />• * all Federal departments and
<br />agencies shall seek to conserve
<br />endangered species and threatened
<br />species and shall utilize their
<br />authorities in furtherance of the
<br />purposes of this Act." Conservation
<br />requirements of species listed as
<br />endangered or threatened under the Act
<br />include recovery actions, requirements
<br />for Federal protection, and prohibitions
<br />against certain practices.
<br />The Act provides for the conservation
<br />of listed species through several
<br />mechanisms, such as section 5 (land
<br />acquisition); section 6 (Federal grants to
<br />States, and research); section 7
<br />(requiring Federal agencies to further
<br />the purposes of the Act by-carrying out
<br />conservation programs, and insuring
<br />that Federal actions will not likely
<br />jeopardize the continued existence of
<br />the listed species or result in the
<br />destruction or adverse modification of .
<br />critical habitat); section 9 (prohibition of
<br />taking of listed species); and section 10
<br />(permits for scientific purposes or to
<br />enhance propagation and survival of
<br />listed species and habitat conservation
<br />planning on non-Federal lands).
<br />Critical habitat designation is
<br />primarily intended to identify the
<br />habitat needed for survival and
<br />recovery. Such designation is not a
<br />management or conservation plan, and
<br />designation of critical habitat does not
<br />offer specific direction for managing
<br />habitat. That type of direction, as well
<br />as any change inmanagement priorities,
<br />will come through the administration of
<br />other parts of the Act (e.g., section 7,
<br />section 10 permit process, and recovery
<br />planning) and through development of
<br />management plans for specific species
<br />or areas. However, the designation of
<br />critical habitat in an area can result in -
<br />additional protection for that area
<br />through administration of section 7 of
<br />the Act.
<br />Recovery Planning
<br />Recovery plans developed under
<br />section 4(f) of the Act guide much of the
<br />Service's recovery activities and
<br />promote conservation and eventual
<br />desting of species. Recovery plans
<br />address the steps needed to recover a
<br />species throughout its range and
<br />provide a mechanism for
<br />implementation. Recovery plans
<br />provide guidance, which may include
<br />population goals, and usually include
<br />identification of areas in need of
<br />protection or special management.
<br />Recovery plans can include
<br />management recommendations for areas
<br />proposed or designated as critical
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