BOARD00507

• Board Meeting Date: 1/26/2000
• Description: WSP Section - Colorado River Basin Issues - San Juan Recovery Program - Section 7 Agreement
• Board Meetings - Doc Type: Memo

Agenda item 23i
January 26-27, 2000 Board Meeting
Page 8 of 13

management and development activities in the San Juan River Basin to avoid the
likelihood of jeopardy and avoid adverse modification of critical habitat. Program
actions are also intended to provide the reasonable and prudent measures needed to
minimize take of endangered species

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3. The Service will assess the impacts that require Section 7 consultation and
determine if actions defined in the LRP and completed by the Program have been
sufficient for the Program to serve as a reasonable and prudent alternative or measure.
The Service will also consider whether the probable success of the Program is
compromised as a result of a specific depletion or the cumulative effect of depletions.
The Service will consider Program actions throughout the basin in evaluating the
sufficiency of those actions to serve as the reasonable and prudent alternative or
measure. The Service will make its assessment based on the best available scientific
and commercial data. The Service will assess the sufficiency of Program actions in
proportion to the potential impacts of a proposed federal action. That is, the smaller
the impact of a federal action, the lower the level of actions by the Program needed to
avoid jeopardy or adverse modification of critical habitat. The Service will determine
whether progress by the Program is sufficient to provide a reasonable and prudent
altemative or measures based on the following factors:

I) Actions that will result in a positive population response, an improvement in
habitat for the fishes, legal protection of flows needed for recovery, or a reduction
in the threat of immediate extinction.

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2) Status of fish populations,

3) Adequacy of flows.

4) Magnitude of the impact of activity (including, but not limited to contaminant
and fish migration impacts).

4. If the Service finds that completed Program and non-Program accomplishments
are sufficient, biological opinions will identify the actions and accomplishments of
the Program that support it serving as a reasonable and prudent alternative or
measures.

5. If the Service finds that accomplishments of the Program are not sufficient at the
time of the consultation, biological opinions in the San Juan Basin will be written to
identify which action(s) in the LRP must be completed to provide the reasonable and
prudent alternative or minimize take.

A. For existing activities, these actions will serve as the reasonable and prudent
alternative or measure if they are completed according to the schedule
identified in the LRP, as amended.

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