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Page 3 <br />Although the water depletive effects of this Federal Action to central and lower Platte River <br />species have been addressed in the PBO, when "no effect" or "may affect" but "not likely to <br />adversely affect" determinations are made on a site - specific basis for the target species in <br />Nebraska, the Service will review these determinations and provide written concurrence <br />where appropriate. Upon receipt of written concurrence, section 7(a)(2) consultation will be <br />considered completed for those federal actions. <br />Water - related activities requiring federal approval will be reviewed by the Service to <br />determine if: (1) those activities comply with the definition of existing water - related activities <br />and/or (2) proposed new water - related activities are covered by the applicable state's or the <br />federal depletions plan. The Service has determined that the Project meets the above criteria <br />and, therefore, this Tier 2 biological opinion regarding the effects of the Project on the target <br />species, whooping crane critical habitat, and the western prairie fringed orchid in the central <br />and lower Platte River can tier from the June 16, 2006 PBO. <br />CONSULTATION HISTORY <br />Table II -1 of the PBO (pages 21 -23) contains a list of species and critical habitat in the action <br />area, their status, and the Service's determination of the effects of the Federal Action analyzed <br />in the PBO. <br />The Service determined in the Tier 1 PBO that the Federal Action, including the continued <br />operation of existing and certain new water - related activities, may adversely affect but would <br />not likely jeopardize the continued existence of the federally endangered whooping crane, <br />interior least tern, and pallid sturgeon, or the federally threatened northern Great Plains <br />population of the piping plover, western prairie fringed orchid, and bald eagle in the central <br />and lower Platte River. Further, the Service determined that the Federal Action, including the <br />continued operation of existing and certain new water - related activities, was not likely to <br />destroy or adversely modify designated critical habitat for the whooping crane. The bald <br />eagle was subsequently removed from the federal endangered species list on August 8, 2007. <br />Bald eagles continue to be protected by the Bald and Golden Eagle Protection Act and the <br />Migratory Bird Treaty Act. For more information on bald eagles, see the Service's webpage <br />at: b=://www.fws.ggv/midwestleagleJrecovery/biologue.htrnl <br />The Service also determined that the PBO Federal Action would have no effect to the <br />endangered Eskimo curlew. There has not been a confirmed sighting since 1926 and this <br />species is believed to be extirpated in Nebraska. Lastly, the Service determined that the PBO <br />Federal Action, including the continued operation of existing and certain new water - related <br />activities, was not likely to adversely affect the endangered American burying beetle. <br />The effects of the continued operation of existing and certain new water - related activities on <br />the remaining species and critical habitats listed in Table II -1 of the PBO were beyond the <br />scope of the PBO and were not considered. <br />