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41 Navajo Dam for the recovery of the endangered fishes. Releases for the endangered fish will be legally protected to and through endangered fish habitat to Lake Powell. However, until all research is completed, the required water delivery schedule for the life of Navajo Dam (in terms of hydrograph shape, timing, volume, and frequency) is unknown. Final year-round flow recommendations will be determined at the conclusion of the research. Under present conditions, computer simulations predict that by providing a 300 cfs minimum winter flow, 300,000 acre-feet would be available 96 percent of the time, thus providing maximum flexibility to mimic a natural hydrograph (shape, timing, and frequency). However, under full depletions (adding in all future proposed projects up to each State's full compact allotment), the 300,000 acre-feet of water from the Navajo Reservoir would be available only 33 percent of the time, which indicates that the ability to provide all four elements of a natural hydrograph (shape, timing, volume, and frequency) would be severely restricted. The research, therefore, is directed towards determining'how Navajo Reservoir releases can best be used in terms of mimicking the natural hydrograph. This information will be utilized by the Service in coordination with Reclamation to determine reservoir releases needed for the endangered fishes. The seventh element is legal protection of releases from Navajo Dam and Reservoir to and through endangered fish species habitat. It is not enough to only release water from Navajo Dam. There also must be guaranteed delivery of the water so that it provides the habitat improvement necessary to maintain and increase the endangered fish population in the San Juan River. To ensure legal protection of releases for listed fish, a Memorandum of Understanding and Supplemental Agreement have been developed and executed (Appendix B). The Recovery Implementation Program for the San Juan River is now developed and Reclamation is providing funding for the research effort through the Recovery Implementation Program. Funding of the research and all other recovery activities for the endangered fish of the San Juan River has become a shared responsibility of the participating parties in the Recovery Implementation Program. A conservation recommendation has been developed to address water quality concerns in the San Juan River that could cause impacts to the endangered fishes. INCIDENTAL TAKE Section 9 of the Endangered Species Act, as amended, prohibits any taking (harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct) of listed species 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. 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 taking within the bounds of the Endangered Species Act provided that such taking is in compliance with the incidental take statement.