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7/14/2009 5:02:33 PM
Creation date
5/18/2009 12:37:04 AM
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UCREFRP
UCREFRP Catalog Number
8197
Author
Martinez, P. J.
Title
Development and Application of Procedures for Stocking Nonnative Fish Speacies in the Upper Colorado River Basin.
USFW Year
1997.
USFW - Doc Type
Grand Junction, CO.
Copyright Material
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13386 Federal Register / VoL 59, No. 54 / Monday, March 21, 1994 / Rules and Regulations <br />habitat. Recovery plazas for the Colorado <br />River endangered fishes may be <br />modified to fnr3ude specific <br />recommendations for managing critical <br />habitat. A recovery plan, is not'a <br />regulatory document, but a plan may <br />identify recommendations for <br />implementing actions and managing <br />critical habitat on Federal lands, and <br />considerations for management of <br />critical habitat on other land. <br />In compliance with section 7(a)(1) of <br />the Art. Federal agencies should <br />incorporate recommendations and goals <br />provided within recovery plans for <br />these species into land and water <br />management plans. Biologically sound <br />?offer ?opportunities f orresotving <br />plans <br />conflicts L development interest <br />and endangered species conservation <br />and provide a basii for present and <br />future management decisions Valid and <br />acceptable management prescriptions <br />contained laland and water <br />development plans can help guide the <br />Service and other agencies in managm$ <br />critical habitatfor the Colorado River <br />endangered fishes-and other listed and <br />nonlisted species. <br />Section 7 ro_n=Uation <br />Section 7(aX21 of the Act applies only, <br />to Federal agencies and requires them to <br />insure that activides they authorize. <br />fund, or carry out are not likely to <br />destroy or adversely modify critical <br />habitat. TlziiFederalresponsibility <br />accompanies, and is in addition to the <br />requirementin 9K:tim 7(a)(2) of the Act <br />that Federal agencies insure that their <br />aeons are not likely to jeopardize the <br />continued ice of any listed <br />species, jeopardy is defined in the <br />section 7 regulations (50 CFR 402.02) as <br />any action that would be expected to <br />appreciably reduce the likelihood of <br />survival and recovery of a species in the <br />wild by reducing its numbers, <br />reproduction. or distribution. <br />Destruction or adverse modification of <br />critical habitat is defined at so CFR <br />402.02 as a direct or indirect alteration <br />that appreciably diminishes the value of <br />critical habitat for both the survival and <br />recovery of a listed species. The <br />regulations also state that such <br />alterations include, but are not limited <br />to, alterations destroying or adversely <br />modifying any of those physical or <br />biological feahrres that were the basis <br />for determining the habitat to be criticaL <br />The requirement to consider potential <br />adverse modification of critical habitat <br />is necessary and in addition to the <br />review necessary to evaluate the <br />likelihood of jeopardy in a section 7 <br />consultation. <br />As required by so CFR 402.14, a <br />Federal agency must consult with the <br />Service if one of its actions may affect <br />either a listed species or its critical <br />habitat. Federal action agencies are <br />responsible for determining whether or <br />not to consult with the Servsoe. The <br />Service will review agencies' <br />determinations on a case-by-case basis <br />and may or may not ca®c ur with the <br />agencies' determination of "no effect" or <br />..may affect" for critical, habitat. as <br />appropriate. Section 7 consultation is <br />initiated by a Federal agency when its <br />actions may affect critical habitat by <br />impacting any of the primary <br />constituent elements or reduce the <br />potential of critical habitat to develop <br />these elements. The consultation also <br />would take into consideration Federal <br />actions-outside-of critical habitat that <br />also may impact a critical habitai_reach <br />(e.g., water management, water quality. <br />water depletions. and riannetive fish <br />stocking or introductions). Though a <br />Federal action may not destroy or <br />adversely modify critical habitat. it still <br />may affect one or more of the Colorado <br />River endangered fishes and their <br />habitat and could be subject to <br />consultation under section 7 of the Act <br />to determine the likelihood of jeopardy <br />to the species- <br />A number of Federal entities fund. <br />authorize, or carry out actions that may <br />affect areas the Service has designated <br />as critical habitat. Among these are the <br />Western Area Power ministration <br />Federal Energy geA;ulatory Commission <br />Fish and Wildlife Service, Bureau of <br />Land Management. National Park <br />Servica, Bureau of Indian Affairs, <br />Bureau of Mines. Bureau of <br />Reclamation. Forest Service, Corps of <br />Engineers, Army. Air Force. <br />Environmental Protection Agency, <br />Housing and Urban Development. <br />Federal Emergency Management <br />Agency, and Federal Highway <br />Administration. <br />Basis for Section 7 Analysis <br />Designation of critical habitat focuses <br />on the primary constituent elements <br />within the defined areas and the <br />contribution of these elements to the <br />species' recovery. based on <br />consideration of the species' biological <br />needs and factors that contribute to <br />survival and recovery. The evaluation of <br />actions that may affect critical habitat <br />for the Colorado River endangered <br />fishes should consider the effects of the <br />action on any of the factors that were <br />the basis for determining the habitat to <br />be critical. These include the primary <br />constituent elements of water, physical <br />habitat, and biological environment, as <br />well as the contribution of the reach <br />the local sites to recovery. The desired <br />outcome of section 7 compliance should <br />be to avoid further reductions in the <br />capability of the habitat tp support <br />Colorado River endangered fishes (eg,, <br />the type of activities that led to ling, <br />such as depletions, predation, <br />competition. fragmentation, and habitat <br />degradation). <br />For wide-ranging species. such as the <br />Colorado River endangered fishes, <br />where multiple critical habitat reaches <br />are designated. each reach has a local <br />and a rangewide role in contributing to <br />the conservation of the species The loss <br />of a single piece of habitat may not <br />jeopardize the continued existence of <br />the species, but it may nxkKm the ability <br />of critical habitat to contribute to <br />recovery. In some cases, the loss of a site <br />containing a primary constituent <br />element could result in local population <br />instability. This could have a <br />detrimental effect on the reach or that <br />portion of the reach where the loss <br />occurred and could preclude recovery <br />or reduce the likelihood of survival of <br />the species. Each critical habitat reach is <br />dependent upon conditions in adjacent <br />reaches, whether or not those reaches <br />were designated critical habitat- ' <br />Consideration must therefore be given to <br />Federal actions that would take' place <br />both within and outside of a caiticai <br />habitat reach. Degradation ofa eritiial <br />habitat reach. regardless of the source of <br />that degradation. ma8y impact the " <br />survival and strp of t? species. <br />The level of disturbance a pertlcalar <br />critical habitat reach could withstand <br />and still fulfill its intended purpose is <br />variable for each species and each area <br />of the.Basin. Any proposed activity wn71 <br />need to be reviewed in the context of <br />affected species. habitat condit2ion, and <br />project location. Beca nse of the habitat <br />overlap among these species, it may be <br />difficult to completely separate out the <br />effects of a particular action on any one <br />species. <br />-The designation of seasonally <br />unoccupied habitat to provide for the <br />conservation (recovery) of a listed <br />species adds another dimension to the <br />analysis. Because listed species are not <br />always present in these habitats, it may <br />not be possible to reach a "jeopardy" <br />finding for actions affecting that habitat. <br />However, it may be possible to conclude <br />-destruction or adverse modification.. <br />for a species if designated critical <br />habitat is affected and its value for <br />conservation of the species is <br />diminished. <br />Examples of Proposed Actions <br />For any final regulation that <br />designates critical habitat, section <br />and 4(b)(8) of the Act requires a brief <br />description and evaluation of those <br />activities (public or private) that may <br /> <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />i
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