WSP03252

• File Number: 8220.101.09
• Description: Glen Canyon Dam/Lake Powell
• State: AZ
• Basin: Colorado Mainstem
• Date: 2/16/1996
• Title: Biological Opinion Summary
• Water Supply Pro - Doc Type: Biological Opinion

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INCIDENTAL TAKE STATEMENT

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Sections 4(d) and 9 of the Act, as amended, prohibit taking (harass, harm, pursue, hunt,
shoot, wound, 1cilI, trap, capture or collect, or attempt to engage in any such conduct) of
listed species of fish or wildlife 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. Harass is dermed as actions that create the likelihood of injury to listed species to
such an extent as to significantly disrupt normal behavior patterns which include, but are not
limited to, breeding, feeding or sheltering. Incidental take is any take of listed animal
species that results from, but is not the purpose of, carrying out an otherwise lawful activity
conducted by the Federal agency or the applicant. 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 a prohibited taking provided that such taking is in compliance with the terms
and conditions of this incidental take statement.

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The measures described below are non-discretionary and must be implemented by the agency
so that they become binding conditions of any grant or permit issued to the applicant, as
appropriate, in order for the exemption in section 7(0)(2) to apply. Reclamation has a
continuing duty to regulate the activity covered by this incidental take statement. If
Reclamation (1) fails to require the applicant to adhere to the terms and conditions of the
incidental take statement through enforceable terms that are added to the permit or grant
document, and/or (2) fails to retain oversight to ensure compliance with these terms and
conditions, the protective coverage of section 7(0)(2) may lapse.

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Humpback Chub

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AMOUNT OR EXTENT OF TAKE

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The Service anticipates incidental take of humpbaclc chub will be difficult to detect for the
following reason(s): Incidental take of actual species numbers may be difficult to detect
because the species is be found throughout the mainstem; body size of humpbaclc chub that
might be transported will be small; and rmding a dead or impaired specimen is unlikely
because of the size and remoteness of the riverine system. Determination of incidental take
in the January 1995 biological opinion identified that testing of habitat building flows would
be conducted as a reasonable and prudent measure. Because the proposed action is a test of
a flow of magnitude and duration experienced by the species in several recent events, and
subsequent similar actions will require analysis and additional compliance as part of the
adaptive management strategy being incorporated into Glen Canyon Dam operations,
incidental take for the proposed action will limited and will be considered to be exceeded If
more than 25 humpback chub are found floating dead in the mainstem or if no humpback
chub or native fish from 1995 year class are found in nearshore habitats in the mainstem
above Unkar Rapid (RM 73) after the test flow. The incidental take is expected to be in the:
form of harm, harass, and kill.

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Biological and Conference Opinions Glen Canyon BeachlHabllat-Bullding Flows 21\6196

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