Correspondences Concerning Upper Colorado Biological Opinions 1993

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Elizabeth Estill, Regional Forester 19 generated Forest Service project (such as fish and wildlife enhancement). At the end of the 15 -month period covered by the assessment, the Forest Service and its permittees will provide paymemt for 100 percent of the water depletions. Payment should be made to the National Fish and Wildlife Foundation. National Fish and Wildlife Foundation Suite 900 1120 Connecticut Avenue, N.W. Washington, D.C. 20036 Each payment is to be accompanied by a cover letter that identifies the project and biological opinion that requires the payment, the amount of payment enclosed, check number, and any special conditions identified in the biological opinion relative to disbursement or use of the funds (there are none in this instance). The cover letter also shall identify the name and address of the payor, the name and address of the Federal Agency responsible for authorizing the project, and the address of the Service office issuing the biological opinion. This information will be used by the Foundation to notify the payor, the lead Federal Agency, and the Service that payment has been received. The Foundation is to send notices of receipt to these entities within 5 working days of its receipt of payment. The Forest Service should condition the permits covered under this opinion to retain jurisdiction in the event that the Program is unable to implement the Plan in a timely manner. A permit clause has been developed jointly between the Forest Service and Service which places the burden on the permit holder to comply with the provisions of the biological opinion. In that case, as long as the lead Federal Agency has discretionary authority over the project, reinitiation of Section 7 consultation may be required so that a new reasonable and prudent alternative can be developed by the Service. INCIDENTAL TAKE Section 9 of the Endangered Species Act, as amended, prohibits any taking (harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct) of listed species without a special exemption. Harm is further defined to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering. Under the terms of Section 7(b)(4) and Section 7(0)(2), taking that is incidental to and not intended as part of the agency action is not considered taking within the bounds of the Endangered Species Act, provided that such taking is in compliance with the incidental take statement. The Service does not anticipate that the proposed action will result in any incidental take of the endangered fishes.