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<br />r,':) <br />,~ <br /><) <br />;..') <br />UI <br />co <br /> <br />Mr. Calvin Joyner <br /> <br />13 <br /> <br />REASONABLE AND PRUDENT ALTERNATIVES <br /> <br />The Bureau of Reclamation, requested on July 30, 1991, formal consultation for <br />reoperation of Navajo Dam. Reoperation of Navajo Dam is likely to help <br />reverse the decline of the Colorado squawfish and razorback sucker, due in <br />part to water depletion impacts. To avoid jeopardy to the Colorado squawfish <br />and razorback sucker and to avoid destruction or adverse modification from the <br />pre-1983 water depletions that still occur on the San Juan National Forest, <br />the Bureau of Reclamation in consultation with the Service, will reoperate <br />Navajo Dam to mimic the natural hydrograph of the San Juan River, as agreed to <br />as a result of consultation on the Animas-La Plata Project. TQj~ opprations <br />agreement also will serve as the reasonable a d rudent alternative to the <br />ores erv~ <br /> <br />INCIDENTAL TAKE <br /> <br />Section 9 of the Endangered Species Act, as amended, prohibits any taking <br />(harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or <br />attempt to engage in any such conduct) of listed species without a special <br />exemption, Under the terms of section 7(b)(4) and section 7(0)(2), taking <br />that is incidental to and not intended as part of the agency action is not <br />considered taking within the bounds of the Endangered Species Act provided <br />that such taking is in compliance with the incidental take statement. <br /> <br />The Service does not anticipate that the proposed water depletion <br />(30.36 acre-feet) will result in any incidental take of the listed species <br />under consultation, Accordin9ly, no incidental take is authorized, Should <br />any take occur, the San Juan--Rio Grande National Forest must reinitiate <br />formal consultation with the Service and provide detailed circumstances <br />surrounding the take, <br /> <br />CONCLUSION <br /> <br />This concludes the Service's biological oplnlon on the impacts of the <br />proposed project. The Service has determined that the effect of the pre-1983 <br />water depletion is likely to jeopardize the continued existence of the <br />Colorado squawfish and razorback sucker and adversely modify their critical <br />habitat. The post-1982 and proposed water depletions are not likely to <br />jeopardize the continued existence of the Colorado squawfish or razorback <br />sucker or adversely modify critical habitat. This opinion was based upon the <br />information described herein. If new information becomes available, new <br />species listed, incidental take of the listed fishes occur, or should there be <br />any changes in the total average annual amount of water depleted by this <br />project (34,939,89 acre-feet per year) or any other project change which <br />alters the operation of the projects from that which is described in your <br />biological assessment and which may affect any endangered or threatened <br />species in a manner or to an extent not considered in this biological opinion <br />(see 50 CFR 402,16), formal section 7 consultation should be reinitiated, In <br />addition, if the Bureau of Reclamation, for whatever reason, fails to <br />reoperate Navajo Dam as agreed to in the Animas-La Plata Project biological <br />opinion and related binding documents, the Forest Service shall contact the <br />Service to determine whether or not consultation should be reinitiated. The <br />