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<br />the plans, but the amount of artificial propagation or <br />preceding habitat restoration is not specified. A major <br />step in the recovery of the humpback chub is to resolve <br />its taxonomic status, which now overlaps to some <br />degree with the bonytail and more common roundtail <br />chub. This taxonomic confusion may be symptomatic <br />of habitat stress and hybridization. <br /> <br />The process for formulating and implementing <br />recovery plans was broadened in policy statements <br />published by the FWS in July 1994. Returning to <br />one of the basic purposes of the ESA, the FWS <br />emphasized that recovery plans should seek to <br />restore the "ecosystem" on which listed species <br />depend and to conserve the biodiversity of that <br />ecosystem by protecting non-listed species and <br />unique biotic communities that depend on the same <br />ecosystem. Multi-species recovery plans are to be <br />developed when possible. At the same, the social <br />and economic impacts of implementing recovery <br />plans are to be minimized, and parties outside the <br />FWS that could be socially and economically affected <br />by plan implementation may be invited to partici- <br />pate in the plan's formulation. <br /> <br />SECT/ON 7 <br />Affirmative conservation duty <br />Under Section 7(a)(1) of the ESA, all federal agencies <br />have an affirmative duty to utilize their authorities to <br />conserve a listed species, even when the agencies are <br />not being asked to approve any kind of a permit. This <br />affirmative duty can be the legal basis for changing the <br />operation of federal dams and reservoirs in the <br />Colorado River Basin for the benefit of the listed fishes. <br />If the water supply or flow regulation from such pro- <br />jects is not already committed to another authorized <br />purpose, Section 7(a)(1) implies that the flows should <br />be committed to the listed fishes. <br /> <br />48 <br /> <br />Biological consultation <br />Compliance with Section 7(a)(2) has been a central <br />concern of each of the programs discussed in this <br />paper. Under this section of the ESA, all federal agen- <br />cies must consult with the FWS about whether any <br />funding, permitting or other action by an agency is <br />likely to jeopardize the continued existence of a listed <br />species or adversely modify its designated critical habi- <br />tat. The federal action must also not appreciably <br />reduce the likelihood of species recovery. Section <br />7(a)(2) can apply to the operation of federal water and <br />power projects that were constructed prior the enact- <br />ment of the ESA in 1973 because the continuing feder- <br />al action in operating such projects may affect a listed <br />species or its critical habitat. There is a set time frame <br />for biological consultations under Section 7(a)(2) and <br />no provision for public involvement, although federal <br />agencies and their permittees will frequently agree to <br />extensions until a mutually acceptable set of alterna- <br />tives can be developed and will sometimes agree to <br />make draft biological opinions available for outside <br />comment. State and private actions will be scrutinized <br />in consultations to the extent that they have a nexus <br />with any federal action. <br /> <br />If, after this consultation, the FWS issues a biological <br />opinion that the proposed federal action is likely to <br />jeopardize the listed species or adversely modify critical <br />habitat, then the FWS must also suggest what reason- <br />able and prudent alternatives can be taken to avoid the <br />likelihood of jeopardy or adversely modifying critical <br />habitat, and without appreciably reducing the likeli- <br />hood of species recovery. No irreversible or irretriev- <br />able commitment of resources can be made during the <br />consultation that would foreclose any such alternatives. <br />The suggested alternatives must also stay within the <br />scope of the proposed federal action and within the <br />legal authority of the consulting agency, and be eco- <br />