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C2. Reasonable and Prudent Measures to Minimize Take <br />These RPMs are detemuned to be necessary to minimize take from the actions based on <br />the Service's current understanding of the species status. <br />The measures described below are non-discretionary, and must be undertaken by the <br />Department for the exemption in se;ction 7(0)(2) to apply. The Department has a <br />continuing duty to regulate the activity covered by this incidental take statement. If <br />the Program fails to assume and irriplement the terms and conditions of this incidental <br />take statement, the protective coverage of section 7(0)(2) may lapse. <br />RPM 1: Monitoring and research of pallid sturgeon performed by the Program will <br />be conducted according to the protocols developed by the Program, which provides <br />for the affirmative involvement of the Service in the adoption of protocols. <br />RPM 2: The Program shall monitor and evaluate effects of flow-related Program <br />activities and new depletion plans on February through July and April through June <br />peak flows and minimize those impacts to the extent provided in the Program <br />document and new depletion plans. <br />RPM 3: The Service must be affirinatively involved in the release of any Program- <br />created or augmented flows for se(timent transport and habitat restoration or creation <br />or for other Program purposes that may result in take due to habitat modification <br />through changes in the volume or t:iming of peak flows. <br />C3. Terms and Conditions <br />In order to be exempt from the prolubitions of section 9 of ESA, the Program must <br />comply with the following terms and conditions, which implement the RPMs <br />described above and outline requised reporting/monitoring requirements. These terms <br />and conditions are non-discretionary. <br />Terms and Conditions (RPMl): <br />1) Each capture of a pallid sturgeon will be documented and reported to the service's <br />Nebraska Field Office in Grand Island, Nebraska at the end of each field season. In <br />the report, temperature, observers, number of pallid sturgeon captured, method of <br />capiure, condition of individuals captured upon capture and upon release, other <br />species captured in association (if applicable), and any other pertinent information, <br />shall be included for each encounter. <br />Terms and Conditions (RPM2):