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WSP03664
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Last modified
1/26/2010 12:51:31 PM
Creation date
10/11/2006 11:53:58 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8065
Description
Section D General Statewide Issues - Endangered Species Act - Fisheries
State
CO
Basin
Statewide
Date
8/1/1993
Author
American Bar Associa
Title
Natural Resources and Environment - Number 8-Volume 1 - Summer 1993 - Endangered Species Protection
Water Supply Pro - Doc Type
Publication
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<br />002~38 <br /> <br />gram IS Its ability to provide the "reasonable <br />and prudent alternative" for section 7 consul. <br />tation purposes. If the recovery program results <br />in far greater benefits to the endangered fish <br />than mitigation measures that merelyoffser site- <br />specific impacts, it will be reasonable and pru. <br />dent for the FWS to rely upon it as an alternative <br />that avoids jeopardy. However, the research and <br />recovery activities must demonstrate "suffi- <br />cient progress" in overcoming institutional bar- <br />riers, improving and protecting habitat and, <br />eventually, providing self.sustaining popula. <br />tions to justify continued reliance upon the reo <br />covery program while watcr development <br />continues. Based upon the accomplishments of <br />the recovery program since 1988, fWS has con- <br />sulted on over eighty new water development <br />projects, and written section 7 biological opin. <br />ions allowing them to proceed with a potential <br />depletion of over 165,000 acre.feet. Another of <br />the imponant fundamentals of this partnership <br />is that every recovery program action requires <br />consensus among the panicipam.s. This re- <br />quirement has created some fnlstration and has <br />slowed progress in some respects, but it also <br />assures that each panicipant remains sensitive <br />to and respectful of the needs and circum. <br />stances of other recovery program participants. <br />One of the benefits of the recovery program's <br />consensus decision making requirement is that <br />funding requests to Congress have been actively <br />supported by all recovery program participants. <br />By including the states, the water development <br />and environmental imerestS in the planning and <br />decisionmaking process, and by providing the <br />reasonable and prudent alternative for section <br />7 consultations, the recovery program harnesses <br />additional strength in the political and financial <br />arenas for the benefit of the endangered spe. <br />cies. Recovety program expenses have been al- <br />located among federal, state and private interests <br />in this partnership, including a one.time deple- <br />tion charge paid by water project proponents. <br />Recovery program expenses have been approx- <br />imately S3 million per year since 1988, but are <br />expected to increase significantly (approxi. <br />mately S5 million in fiscal 1995 and S9 million <br />in fiscal year 1996). These increased cost esti. <br />mates reflect the transition from an initial re- <br />search phase into a period when flow protection, <br />habitat protection, construction of facilities, and <br />other management activities will be imple- <br />mented. Over the full term of the recovery pro. <br />gram, which is now expected to require fifteen <br />years, the total cost may be between S80 mil- <br />lion and H20 million. <br /> <br />Present Status of Endangered Fish <br /> <br />Preliminary evidence suggests that popu. <br />lations of the Colorado squawfish in the Green <br /> <br />River below Flaming Gorge Reservoir may'be <br />improving as a result of experimental reopera- <br />tion of the reservoir. Elsewhere, Colorado <br />squawfish populations appear to be small but <br />stable. except in the mainstream of the Colo. <br />rado River where they may still be declining. <br />Populations of the humpback chub appear <br />to be relatively large and healthy in the Colo- <br />rado River near the Utah.Colorado state line. In <br />the Green and Yampa Rivers, the humpback <br />chub populations appear to be small but stable. <br />The razorback sucker may be nearing ex. <br />tinction in the wild. Most razorbacks captUted <br />in recent years are thought to be more than <br />twenty years old, and there is great concern over <br />the "recruitment" of young fish into the adult <br />populations. <br />In the Upper Basin, the bonytail chub may <br />already be extinct in the wild. The last con- <br />firmed sighting was in 1981 in the Colorado <br />River near the Colorado.Utah stateline. Small <br />captive populations still exist and are being <br />protected by FWS. There is also a population of <br />bonytail chub in the Lower Basin at Lake Mo- <br />jave. <br /> <br />Is the Partnership Making <br /> <br />"Sufficient Progress? <br /> <br />The 1987 Finding of No Significant Impact <br />on the recovery program concluded that the <br />greatest difference between endorsing the pro- <br />gram and continuing business as it had been <br />conducted will occur in the area of habitat man- <br />agement actions. Finding of No Significant Im- <br />pact for a Secretariat Decision to Approve <br />Department of tbe Interior Participation in a <br />Recovery Implementation Program for En. <br />dangered Fisb Species in tbe Upper Colorado <br />River Basin, dated November 13, 1987 and <br />signed by Regional Director Galen Buterbaugh, <br />U.S. Fish and Wildlife Service, Denver, Colo- <br />rado. This is because the recovery program <br />would enlist the states, with their legal author. <br />ity over land use and water resource manage- <br />ment, in the endangered species recovery <br />efforts. <br />One failure of the traditional, regulatory <br />approach to section 7 consultations has been <br />that fWS' options have been limited to either <br />requiring "offsetting" conservation measures <br />(i.e., preserving an undesirable status quo in <br />which the species' prospect for survival re- <br />mains tenuous) or forcing a confrontation by <br />declaring there is no "reasonable and ptudent <br />alternative" which allows development to pro- <br />ceed and avoids jeopardy to the species. Be- <br />cause site-specific conservation measures don't <br />CO>ltinued Oil page 71 <br /> <br />NR&E/SUMMER ]993 <br /> <br />A fu"damental <br />aspect oJtbe <br />recovery program is <br />its ability to provide <br />tbe "reasonable and <br />prudent <br />alternatit'e" for <br />section 7 <br />consultation <br />purposes. <br /> <br />25 <br />
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