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a <br />13396 Federal Register / Vol. 59, No. 54 / Monday, March 21, 1994 / Rules and Regulations <br />critical habitat designation must be <br />addressed. <br />Service Response: The economic <br />analysis addresses both monetary cost <br />and the benefits of designating critical <br />habitat. Monetary values associated <br />with the-benefits of the existence of the <br />species are not within the framework of <br />the economic evaluation of critical <br />habitat designation nor is such an <br />evaluation required by the Act. These <br />types of economic data would require <br />extensive research and debate prior to <br />being used in the evaluation of critical <br />habitat. <br />Issue 62: A few respondents indicated <br />that changing flows to benefit the <br />endangered fish would be detrimental to <br />people along the rivers. <br />Service Response: Designation of <br />critical habitat is not a management <br />plan for the recovery of these <br />endangered fish. Specific management <br />actions-such as changing flows to <br />benefit these fish will result from the <br />RIP's, other-recovery programs, and <br />actions or project-specific requirements <br />of biological opinions. Effects of-flow <br />changes due to Federal actions that <br />benefit the-endangered fish will be <br />addressed through the NEPA process. <br />Issue 63: Several respondents <br />questioned why only 10 percent of the <br />cost of recovering these fish -was <br />attributed-to critical habitat. Others <br />were confused-on how the Service <br />arrived it-the 90/10 percent split <br />between species listing and critical <br />habitat designation. - <br />Service Response: The Act requires <br />that the economic and other televant <br />impacts of designation of critical habitat <br />be determined. This provision regitm <br />that the Service separate those costs <br />specific to designation of critical habitat <br />from the costs associated with the <br />listing of these species. The Service <br />used the-extensive history of section 7 <br />consultations that used the "jeopardy" <br />standard to estimate the level of <br />additional protection that might be <br />provided by "adverse modification." <br />Although the increased protection <br />provided by critical habitat varies by <br />impact type (flood plain activities, <br />depletions, etc.J, overall the Service <br />determined that increased protection <br />provided by critical habitat would <br />account for approximately 10 percent of <br />the total cost.identified. <br />Issue 64: A few respondents <br />questioned the selection of 1967-1985 <br />for the hydrologic period to be used in <br />preparation of the economic analysis. <br />Some also indicated that using average <br />flow years did not give an accurate <br />portrayal of impacts. <br />Service Response: The Service <br />selected the 1967-1985 period because <br />it reflected the hydrology of the system <br />with major water developments in place <br />and operating without any operational <br />changes due to endangered fish needs. <br />Thus, this period was the most accurate <br />one available for determining the full <br />economic impact of reoperation of the <br />river system for recovery of the <br />endangered fish. Average, above <br />average, and below average flow years <br />were modeled. <br />Social Comments <br />Issue 65: Some respondents believed <br />that humans are the real endangered <br />species. Fish should not be considered <br />more important than people. There is no <br />benefit to people from these species. <br />Service Response: The Act strives to <br />protect species that are in danger of <br />becoming extinct in the immediate or <br />foreseeable future. Humana are not in <br />such danger. On the contrary. the <br />number of humans has increased in the <br />last 100 years at a rapid rate. Humans <br />have, at.times, believed that some other <br />species may be of little or no value, <br />when in fact the same species later has <br />been determined to be of great value. In <br />the past, the Colorado River fishes were <br />of value to man for subsistence food, <br />and they were widely taken for <br />recreational and commercial reasons. <br />The four endangered fishes are <br />considered of value to different <br />segments of the human population for <br />widely different reasons. As a case in <br />point, one species,-the Colorado <br />squawfish has been valued by humane <br />for several different reasons, including: <br />(1) Historic value-ft has been suggested <br />that the food provided by this fish was <br />of importance in the early settlement of <br />portions of the West, and it was <br />certainly used as food by American <br />Indians; (2) food for humans-the <br />literature is full of accounts of humans <br />catching and eating Colorado squawfish, <br />and its culinary qualities have been <br />widely attested: (3) scientific--the <br />potomadromous migrations and unique <br />life cycle of this largest North American <br />minnow is of great scientific interest <br />and importance; and (4) ecological-as <br />the top native predator of the Colorado <br />River, it has a valid place in the natural <br />Colorado River ecosystem. <br />Issue 66: Many respondents believed <br />that the designation would adversely <br />affect the quality of life in communities <br />adjacent to critical habitat because loss <br />of water rights, elimination of flood <br />plain developments, prevention of new <br />flood control projects and similar issues <br />may result in destruction of <br />communities. <br />Service Response: The designation <br />will not take existing water rights nor <br />will it require the removal of existing <br />flood plain developments. Any new N <br />flood control project or other water <br />development project would likely be <br />subject to section 7 consultation, and if <br />destruction or adverse modification of <br />critical habitat were found, reasonable <br />and prudent alternatives would be <br />developed to address the project <br />purposos. Actions without Federal <br />involvement are not affected by the <br />designation of critical habitat. <br />Issue 67: Several letters indicated that <br />designation would adversely affect <br />historic use of resources and lands. <br />Service Response: Existing <br />development and use of water rights <br />and non-Federal lands will not be <br />affected by the designation of critical <br />habitat except in cases where a Federal <br />project or funding is required. Actions <br />without Federal involvement are not <br />affected by the designation of critical <br />habitat. <br />Issue 68:-Some respondents wondered <br />how the designation would affect use of <br />these rivers and reservoirs for <br />recreation. <br />Service Response-The direct effects of <br />critical habitat designation upon <br />reservoir and river-based recreation are <br />expected to be minor: Few Federal <br />actions related to recreation are likely to <br />"destroy or adversely modify" critical <br />habitat. Power boating, rafting, <br />swimming, fishing, and similar uses do <br />not significantly impact or destroy the <br />physical habitat of these species. <br />However, these types of activities (flow <br />changes. sport fish management, etc.) <br />may be affected by specific efforts to <br />recover these species. The Economic <br />Analysis provided data on the potential <br />economic impacts to recreational <br />activities due to designation of critical <br />habitat for these species. This <br />information can be used to evaluate the <br />significance of the effect of critical <br />habitat will have upon the various <br />recreation activities in and along the <br />Colorado River system. <br />Issue 69: A few respondents stated <br />that decisions affecting the quality and <br />way of life in a community should be <br />made locally and for the benefit of the <br />local community. <br />Service Response: Congress has <br />determined that endangered species <br />consideration is of national importance <br />and should be evaluated in a wider <br />context. Effects to the local community <br />are recognized in the process of <br />designating critical habitat. However, <br />the economic analysis and the exclusion <br />process, according to the Act, only <br />consider national and reeional impacts. <br />An area can be removed from the <br />critical habitat designation if the <br />economic costs of the designation are <br />greater than the benefits to the species <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />t