Appendix: Critical Habitat Analysis September 8 1994

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APPENDIX: CRITICAL HABITAT ANALYSIS September 8, 1994 BACKGROUND The final rule determining critical habitat for the four endangered fishes was published in the Federal Register on March 21, 1994, and the final designation became effective on April 20, 1994. As stated in the Section 7 Agreement and in the RIPRAP, the Recovery Program is intended to serve as the reasonable and prudent alternative to avoid the likely destruction or adverse modification of critical habitat, as well as to avoid the likelihood of jeopardy to the continued existence of the endangered fishes resulting from depletion impacts of new projects and all existing or past impacts related to historic water projects with the exception of the discharge by historic projects of pollutants such as trace elements, heavy metals, and pesticides. Once critical habitat was designated, the Service reviewed the RIPRAP, and in coordination with the Recovery Program's Management Committee, developed modifications to fulfill this intent. The Service's review concluded that many of the actions in the existing RIPRAP would not only contribute to allowing the Recovery Program to continue to serve as the reasonable and prudent alternative to avoid the likelihood of jeopardy to the continued existence of the endangered fishes, but also would avoid the likely destruction or adverse modification of critical habitat for the endangered fishes. Specifically, the RIPRAP already included several of the following kinds of habitat - related actions for each subbasin (except the Dolores River): instream -flow acquisition, legal protection, and delivery from modified reservoir operations; fish passage restoration; and flooded bottomland restoration. Thus, the critical habitat modifications to the RIPRAP were not extensive. They were primarily intended to provide further definition to recovery actions already in the RIPRAP and to provide increased certainty that the Recovery Program can continue to serve as the reasonable and prudent alternative for projects subject to Section 7 consultations. Since many historic projects will be required to reinitiate Section 7 consultation with the Service due to the critical habitat designation, the Service encouraged Recovery Program participants to complete these RIPRAP actions as quickly as possible to facilitate fish recovery. Destruction or adverse modification of critical habitat is defined at 50 CFR 402.02 as a direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Section 7 consultation is initiated by a Federal agency when its action may affect critical habitat by impacting any of the primary constituent elements or reducing the potential of critical habitat to develop those elements. The primary constituent elements defined in the final rule as necessary for survival and recovery of the four Colorado River endangered fishes include, but are not limited to, 1) water (quantity and quality), 2) physical habitat (areas inhabited or potentially habitable, including river channel, bottom lands, side channels,