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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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326 <br />Project Nos. 1417 and 1835 (USFV)[S 1997). The two Incidental Take Statements are <br />intended to complement one anothe;r, except as specifically identified below. <br />RPM 1: Least tern and piping plover nesting sites on the central Platte River and <br />adjacent sandpits will be surveyed and monitored by the Program. Population surveys <br />will be conducted and information c;ollected annually from May through August and <br />will include parameters described in the Terms and Conditions below. Maps of nest <br />site locations are also required and must be provided, along with other annual <br />population survey data for the central Platte River, to the Service's Field Office in <br />Grand Island, Nebraska. <br />RPM 2: The Program shall evaluate the potential to include water management <br />measures in the operation of Program water projects that minimize inundation-related <br />take. If nesting is documented in the central Platte River, the Program shall <br />implement these measures, as appropriate, and monitor and evaluate their <br />implementation and effectiveness. The Service must be affirmatively involved in the <br />release of any Program-created or augmented flows for sediment transport and habitat <br />restoration or creation or for other ]Program purposes that may result in take due to <br />inundation. <br />RPM 3: Program land management activities shall be scheduled and conducted such <br />that the possibility of disturbance/harassment by Program representatives is reduced <br />on areas managed by the Program. <br />RPM 4: The Program will implement a public outreach and education program to <br />minimize loss of reproductive success on the central Platte River. <br />A3. Terms and Conditions <br />In order to be exempt from the prohibitions of section 9 of ESA, the Department must <br />comply with the following terms and conditions, which implement the RPMs <br />described above and outline required reporting/monitoring requirements. These terms <br />and conditions are non-discretionagy. <br />The Service will not refer the incidentai take of any migratory bird for prosecution <br />under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. Sec. 703-712), <br />if such take is in compliance with t:he terms and conditions specified herein. <br />Terms and Conditions (RPM 1): <br />1) Population survey information shall include: a) the total number of colonies; <br />b) the total number of piping plover adults, eggs, and chicks; and c) mapping of <br />locations used by least terns and piping plovers (i.e., general location map of colony <br />sites and acreage determination).
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