3 States Counter Proposal to Take/Surrogate Provisions

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levels in any given year. If the Program is successful in establishing riverine nesting, it will be difficult to estimate the number of least terns and piping plovers using riverine breeding habitat created, restored and or protected under the Program that may be taken due to inundation resulting from the activities of the Program and covered water related activities. The Service has therefore adapted a measure currently used to reflec:t take by inundation for eggs and chicks on the Missouri River. Since there is an absence of data from the central Platte River, the surrogate for the Platte is based on the taking of _ percent of tern eggs and _ percent of plover eggs annually. Eggs lost in inundations that would not have been inundated but for rainfall events are not counted as take. Reinitiation of consultation related to inundation issues will be required if actions by the Program andlor covered water related activities result in the take of more than _ percent of the tern and plover eggs in any _ year period. An important consideration during the first 13 years, and likely into future, is that Program-created or augmented flows for sediment transport and habitat restoration or creation or for other Program purposes may also result in take due to inundation. Although some tak:e may occur, the action itself is expected to ultimately have beneficial effects and move the species closer toward recovery. During the first increment of the Program, riverine nesting habitat is expected to be created or restored at a number of sites within the central Platte River. This habitat restoration will be ongaing, and although some habitat is expected to be suitable for nesting early in the 13 year term of the Program, some of it will not be suitable until after the 13 year period has passed. A significant increase in riverine nesting efforts by least terns and piping plovers is not expected to occur on the central Platte River by the end of the Program's 13 year initial term. Take by inundation during such Prograrn-created or augmented flows will not count in the percentage calculations described in the previous paragraph. [Does this type of take need quantified?] 3. Piping plover and least tern nests are likely to be lost due to predation and human disturbance. As the Program creates habitats suitable for piping plover and least tern breeding on the Platte River, in.dividuals attracted to the restored and protected areas could be subject to predation and non-Program human disturbance. Because Program predator protection measures are unlikely to be effective in all cases, predation would likely occur, but be reduced, on sites where predator management is proposed by the Program. E.ven with the Program's substantial increase in managed habitat, least terns and piping plovers could be attracted to alternative unmanaged habitat where they are more likely to be killed by predators due to their increased susceptibility when using these areas. In addition, individuals which attempt to breed in unmanaged habitat could be killed or injured from disturbance or destruction by human activities. 4. Concerns exist that take of least tern and piping plover chicks may result from insufficient forage at alternative breeding locations, including sandpits. In some