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facilities plan was developed based on an initial prioritization of the needs <br />for captive broodstock and population augmentation. The amount of artificial <br />propagation and augmentation needed to stabilize or recover populations of <br />listed fishes in the Upper Basin is not known, is related to habitat <br />restoration and the management of non-native fishes, and is being approached <br />experimentally. <br />The construction and expansion of two primary.refugia for the listed fishes -- <br />one for the Colorado River subbasin, and one for the Green River subbasin, <br />along with a set of back-up refugia and low cost grow-out ponds, are now <br />underway. Adaptive plans have also recently been approved and undertaken for <br />the augmentation of the razorback population on the Green River, for the re- <br />stocking razorbacks on the upper Colorado River and Gunnison Rivers, and for <br />re-stocking bonytail chub on either the Colorado or Green Rivers. <br />Management of non-native fishes The management of non-native fishes that prey <br />on and compete with the listed fishes is considered to be as fundamental an <br />element of the Upper Basin Program as flow protection, other habitat <br />restoration, and population augmentation. A cooperative federal-state <br />procedure for the review of any proposals to stock more non-native fishes in <br />the Upper Basin was overhauled and greatly strengthened at the end of 1993, <br />but was then withdrawn mostly at the urging of the Colorado Division of <br />Wildlife (CDOW). <br />The CDOW is now proposing to eradicate non-native fishes in ponds with <br />connections to habitat occupied by the listed fishes, but then to promote the <br />re-introduction of three non-native sportfishes (bluegill, black crappie, and <br />largemouth bass) into some of those same ponds. The CDOW believes that the <br />historic escapement and survival of these three non-native fishes has been <br />quite limited and does not pose a threat to the listed fishes. Several <br />conservation groups have questioned this premise and are unwilling to accept <br />this CDOW proposal. <br />Section 7 Agreement and Recovery Action Plan <br />A key to the Upper Basin Program is its agreement on Section 7 consultations <br />on water projects that are located entirely upstream from river reaches <br />occupied by the listed fishes and whose impact on those fishes is limited to <br />flow depletions. The water users and at least two of the Upper Basin states <br />maintained that there was an agreement from the program's outset under which <br />such water projects would be assured of non-jeopardy opinions if a minimum of <br />$10 million was appropriated by Congress for the purchase of water rights to <br />protect instream flows for the listed fishes, each new water project paid a <br />one-time charge starting at $10 per acre foot of average annual depletion, and <br />the Upper Basin Program was in place. <br />The participating conservation groups and the FWS asserted'a different <br />understanding of the program's Blue Book and cooperative agreement. In its <br />1989 resolution, for example, the Environmental Defense Fund supported the <br />Upper Basin Program on the condition that non-jeopardy opinions not be <br />guaranteed "prior to adequate assurance that the water rights or reservoir <br />operations needed to recover and maintain the endangered fishes in their <br />natural habitat will be acquired or established and enforced". The <br />conservation groups also declined to support the water community's campaign in <br />1987 to obtain a $10 million appropriation to fund water rights acquisition <br />without knowing how much flow protection it would buy and whether it would be <br />enough to recover the listed fishes. <br />The FWS agreed that there was significant uncertainty that the instream flows <br />needed for recovery would be legally protected in a timely manner, and <br />concluded that its biological opinions could not rely solely on the Upper <br />Basin Program being in place or funded. In May 1989 the FWS was advised by <br />11