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<br />36 <br /> <br />When a Recovery Impleme' .ation Program for the San Juan River is developed and <br />implemented, Reclamation may direct funding for the research effort through the <br />Recovery Implementation Program. Funding of the research and all other recovery <br />activities for the endangered fish of the San Juan River could then be a shared <br />responsibility of the participating parties in the Recovery Implementation <br />Program. <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. Harm is further defined to include significant habitat modification <br />or degradation that results in death or injury to endangered fish and wildlife <br />by significantly impairing behavioral patterns such as breeding, feeding, or <br />sheltering. Under the terms of Section 7(b)(4) and Section 7(0)(2), taking that <br />is incidental to and not intended as part of the agency action is not considered <br />taking within the bounds of the Endangered Species Act provided that such taking <br />is in compliance with the incidental take statement. <br /> <br />With protective provisions included in the reasonable and prudent alternative <br />contained herein, the Service does not anticipate that construction and <br />operation of the proposed Project will result in any incidental take of Colorado <br />squawfish. The Service anticipates that a small but presently unquantifiab1e <br />number of endangered fish could be taken as a result of the research program <br />which is part of the reasonable and prudent alternative to preclude jeopardy. <br />The take would be associated with activities, such as capture, holding, or <br />transporting fish, required by the research program. <br /> <br />The following reasonable and prudent measure and resultant terms and conditions <br />to reduce the amount of incidental take shall be implemented. <br /> <br />1. A permit which will include measures to reduce take will be <br />obtained in accordance with 50 CFR 17.22 and 32 from the <br />Fish and Wildlife Service. <br /> <br />If during the course of the action the amount or extent of the incidental take <br />as permitted in item 1 above is exceeded, Reclamation must reinitiate formal <br />consultation with the Service and provide detailed circumstances surrounding the <br />take. <br /> <br />BALD EAGLE <br /> <br />The bald eagle is listed as endangered in the conterminous United States, except <br />for Washington, Oregon, Minnesota, Wisconsin, and Michigan where it is listed as <br />threatened. Its overall decline has been attributed to the loss of breeding <br />habitat, illegal shooting, and the occurrence of chlorinated hydrocarbon <br />pesticides in its food supply which caused egg deterioration and reproduction <br />failures. In recent years, the national bald eagle population has been <br />increasing. The bald eagle is a wide-ranging migratory bird species most often <br />associated with and dependent upon water. Its food base includes fish, <br />waterfowl, small mammals, and carrion. <br />