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<br />,"~ <br />~ <br />~~ <br /> <br />\< <br /> <br />~ : <br />{.I <br /> <br />4. Conduct surveys and monitoring of souLhwestern willow flycatcher distribution and <br />nesting success for the 1996 nesting season in accordance with the National Parlc Service <br />monitoring plan. <br /> <br />~ <br /> <br />f! <br /> <br />."' <br /> <br />e', <br />, <br /> <br />5. Initiate formal consultation for the southwestern willow flycatcher on the preferred <br />alternative to the FEIS before January 31, 1997, including in the biological assessment data <br />from the test flow final reports due December 31, 1996. <br /> <br />'" <br />" <br />i. <br /> <br />TERMS AND CONDITIONS <br /> <br />i", <br /> <br />;' <br /> <br />In order to be exempt from the prohibitions of section 9 of the Act, Reclamation must <br />comply with the following terms and conditions, which implement the reasonable and prudent <br />measures described above. These terms and conditions are nondiscretionary. <br /> <br />i <br />f' <br /> <br />1. Monitoring of the project area and other areas that could be affected by the proposed <br />action shall be done to ascertain take of individuals of the species and/or of its habitat that <br />causes harm or harassment to the species. Monitoring for reasonable and prudent measures 2 <br />and 3 will be accomplished by Reclamation and for measure 4 will be with the National Park <br />Service which has lead for this taslc. <br /> <br />~: <br />'. <br />~i <br /><Y- <br />~ <br />I <br />~ <br />~;: <br /> <br />3. The reasonable and prudent measures, with their implementing terms and conditions, <br />are designed to minimize incidental take that might otherwise result from the proposed <br />action. With implementation of these measures, the Service believes that no more than 1.5 <br />m of flow will inundate any of the four historic nest sites. If, during the course of the <br />action, this minimized level of incidental take is exceeded, such incidental take would <br />represent new information requiring review of the reasonable and prudent measures provided. <br />The Federal agency must immediately provide an explanation of the causes of the taking an4 <br />review with the Service the need for possible modification of the reasonable and prudent <br />measures. <br /> <br />~ <br />B <br />~ <br />". <br />~ <br />t~. <br />~ <br />it <br />~ <br />fu; <br />~ <br />~ <br />~t: <br />i/.lJI <br />~l <br /> <br />2. A report of the results of the monitoring, including complete and accurate records of <br />all incidental take that occurred during the course of the project, will be submitted to the <br />Service with a draft report by September 30 and a fInal report by December 31, 1996. This <br />report will also describe how the terms and conditions of all reasonable and prudent measures <br />in Lhis incidental take statement were implemented. <br /> <br />Notice: While the incidental take statement provided in this consultation satisfIes the <br />requirements of the Act"as amended, it does not constitute an exemption from the <br />prohibitions of take of listed migratory birds under the more restrictive provisions of the <br />Migratory Bird Treaty Act. <br /> <br />, <br />~ <br />~~ <br /> <br />Biological and Conference Opinions Glen Canyon BcachlHabilat-Building Flows 21\6196 <br /> <br />31 <br />