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<br />nelmouth sucker, the bluehead sucker, the woundfin, <br />and the speckled dace. Each of these big river fishes is <br />also in serious decline. <br /> <br />Two major reasons are cited for the decline of these <br />fishes. First, dam construction over the past century <br />has fragmented their habitat and has reduced or altered <br />flows for significant reaches of river, which has disrupt- <br />ed their natural life cycles. See Figure 1. Second, the <br />introduction of a wide variety of non-native fishes into <br />the system and their proliferation in reservoirs and <br />warm water habitats is also thought to be a very signifi- <br />cant factor in the decline of the native, big river fishes. <br />The introduced non-natives both compete with and <br />prey on the native fishes. <br /> <br />This paper will first review the principal features of the <br />Endangered Species Act (ESA) which have been applied <br />to the squawfish, razorback, and the two chubs. Many <br />of these features are currently being scrutinized by <br />Congress and could be amended in the near future. <br />This paper will then examine the two programs that <br />have been developed in the Upper Colorado River <br />Basin, and the one that is emerging in the Lower Basin, <br />for implementing the recovery of the Colorado River <br />fishes that have been listed under the ESA and for com- <br />plying with the regulatory features of the ESA. These <br />programs are organized around the regional jurisdic- <br />tions of the most responsible federal agencies - the <br />Upper Basin Program falls within the purview of <br />Region 6 of the U.S. Fish and Wildlife Service (FWS) <br />and the Upper Colorado Region of the U.S. Bureau of <br />Reclamation (BOR); the San Juan Program is the con- <br />cern of Regions 2 and 6 of the FWS and the Upper <br />Colorado Region of the BOR; and the Lower Basin is <br />mostly within Region 2 of the FWS and the Lower <br />Colorado Region of the BOR. This paper addresses the <br />relatively recent development and policies of these <br /> <br />44 <br /> <br />recovery implementation programs and is not a com- <br />plete history. <br /> <br />This paper's main concern is that the recovery of the <br />listed fishes may be frustrated by the split in the <br />regional jurisdictions of the most responsible federal <br />agencies, by the inattention to the recovery goals set for <br />the full geographic range of these fishes, or the absence <br />of such goals in the case of the razorback, and by a <br />consequent but not always apparent divergence of <br />opinion as to how recovery should be defined. This <br />paper's most important conclusion is that the range- <br />wide recovery planning and goal setting for these fishes <br />should be invigorated, reconciled and consolidated. <br />Such recovery planning then should guide the imple- <br />mentation and compliance programs in the subbasins, <br />which can still be customized. <br /> <br />LEGAL FRAMEWORK: <br />THE ENDANGERED SPECIES ACT <br /> <br />SECTION 4 <br />listing and Critical Habitat Designation <br />The complex process and criteria for listing species as <br />threatened or endangered, which triggers the protec- <br />tions of the ESA, are governed by its Section 4. The <br />Colorado squawfish and humpback chub were listed by <br />the passage of the ESA in 1973, and the bonytail was <br />listed in 1980. Since 1978, the critical habitat for an <br />endangered species is to be designated under Section 4 <br />within 2 years of its listing, but the FWS had been <br />unable or unwilling to designate critical habitat for the <br />squawfish and the two chubs, and had held back on <br />listing the razorback sucker. The final listing of the <br />razorback sucker was published in October 1991 in <br />response to a petition and subsequent lawsuit filed by <br />the Sierra Club Legal Defense Fund (SCLDF) on behalf <br />of a number of conservation groups. Once the razor- <br />