WSP03461 - Laserfiche WebLink

Home Browse Search

002465 Framework for Recoverv Actions and CooDerative Al!reement This plan provides a framework for recovery actions designed to offset impacts to the four listed endangered fish species ofthe Upper Colorado River Basin due to current depletions and foreseeable future depletions from the Yampa River Basin. Moreover, it requires that a variety of recovery actions be undertaken by the Recovery Program to offset both the direct and depletion impacts of historic projects, as stipulated in paragraph m.2. of the Section 7 Agreement (Appendix A): The [Recovery Program] is intended to offietthe direct and depletion impacts of historic projects occurring prior to January 22, 1988 (the date when the Cooperative Agreementfor the [Recovery Program] was executed) ifsuch offiets are required to recover the fishes. Under certain circumstances, historic projects may be subject to consultation under Section 7 of the ESA. An increase in depletions from a historic project occurring after January 22, 1988, will be subject to the depletion charge. [Otherwise,]...depletion charges or other measures will not be requiredfrom historic projects which undergo Section 7 consultation in the future. To implement this plan the Service will sign a Cooperative Agreement with the States of Colorado and Wyoming (Appendix B). This constitutes a "federal action" by the Service, for which the Service must initiate intra-Service consultation under Section 7 of the ESA, as well as comply with the requirements of the National Environmental Policy Act (NEPA). Due to the basin-wide scope of depletion impacts and recovery measures, the product of this consultation is expected to be a programmatic biological opinion (PBO) for the Yampa River Basin. Current average annual depletions from the Yampa River Basin have been quantified as 125,271 AF in Colorado and 42,583 AF in Wyoming. By the year 2045, depletions are expected to increase by 30, I 04 AF/year in Colorado and 23,428 AF/year in Wyoming (Appendix C). State, local and private projects associated with the continuation of existing depletions and -53,500 AF/year of new depletions from the Yampa River Basin which have, or are likely to have, a federal nexus may choose to rely on the implementation of the Yampa River Management Plan to avoid the likelihood of jeopardy to the endangered fishes, adverse modification or destruction of their critical habitat, or violation of ESA Section 9 take prohibitions. Therefore, these non-federal projects are treated as interrelated to the federal action for the purposes of determining the scope of an ESA Section 7 consultation. It is expected that the Yampa PBO would continue to be in effect unless specific identified conditions (i.e., reinitiation criteria) occur or until all four of the endangered fishes of the Upper Colorado River Basin are removed from the list of threatened and endangered species. Nevertheless, new or existing water development projects may be subject to consultation in the future under Section 7 of the ESA to assess the potential impacts on threatened and endangered species due to construction, operation or modification of these projects. These consultations would determine, among other things, if the recovery actions described herein are sufficient for the Recovery Program to serve as the reasonable and prudent alternative for the proposed action(s), or whether additional measures are necessary to preclude jeopardy to any listed species. They would also determine if construction, operation and/or modification of these projects would cause levels of incidental take higher than those anticipated in the Yampa PBO, and may propose additional reasonable and prudent measures, as necessary to reduce or eliminate take. Management Plan for Endangered Fishes in the Yampa River Basin 31