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3 States Counter Proposal to Take/Surrogate Provisions
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3 States Counter Proposal to Take/Surrogate Provisions
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Last modified
1/26/2010 4:39:27 PM
Creation date
6/23/2009 10:48:26 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8561.350
Description
Legislation
State
CO
Basin
South Platte
Water Division
1
Date
10/6/2004
Author
Unknown
Title
3 States Counter Proposal to Take/Surrogate Provisions
Water Supply Pro - Doc Type
Project Overview
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cases, adult birds nesting on sandpits may experience increased energy demands <br />traveling to forage and feed young. Because least terns and piping plovers are <br />vulnerable during these early life stages, individuals experiencing this effect may <br />have a reduced chance of survival. This form of potential take may occur to some <br />degree in the 90-mile stretch of river from Lexington to Chapman covered by the <br />Program. The Program's proposed restoration or protection of 10,000 acres of <br />breeding habitat for the species focuses on making riverine habitat available and <br />further evaluates the use of sandpit habitat, sandpit management options, and <br />recruitment at sandpit nesting sites. In addition, the Program includes water that <br />may be released for summer flows to benefit forage fish and invertebrates in the <br />river adjacent to the sandpits. These measures will substantially mitigate any <br />impacts related to foraging, and may further reduce this type of take. In addition, <br />the IMRP includes a research study to evaluate this concern. <br />5. Least terns and piping plovers using Program lands could be harassed during <br />monitoring, research, surveys or other Program activities. At these sites, incidental <br />take of least terns and piping plovers may occur during the course of monitoring or <br />research. Researchers will be required to apply for and obtain section 10(a)(1)(A) <br />permits that will contain measures to minimize the effects of research on <br />endangered species. <br />Despite the recognition that take may be unavoidable during implementation of the <br />Program, efforts to avoid and minimize take are warranted. The following reasonable <br />and prudent measures (RPM) will minimize incidental take. If new information <br />becomes available that reveals a proposed Program activity may affect the species in <br />a manner or to an extent not previously considered, section 7 consultation must be <br />reinitiated on that Program activity. <br />A2. Reasonable and Prudent Measures to Minimize Take <br />These RPMs are determined to be necessary to minimize take from the actions based <br />on 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 section 7(0)(2) to apply. The Program has a <br />continuing duty to regulate the activity covered by this incidental take statement. If <br />the Program fails to assume and implement the terms and conditions of this incidental <br />take statement, the protective coverage of section 7(0)(2) may lapse. <br />The Service believes the following RPMs with their implementing terms and <br />conditions are necessary and appropriate to minimize take of the least tern and piping <br />plover on the central Platte River. The Service also wishes to make clear that any <br />Terms and Conditions, or RPMs within this Incidental Take Statement, do not <br />supercede the Incidental Take Statement within the biological opinion for FERC
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