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Landowner rights compatible with fiSh protection, officials say To some Colorado River Basin resi- dents, the phrases "endangered fish" and "critical habitat protection" may conjure up fearful images offederal of- ficials calling a halt to all property oWners'land management plans. But residents' in the region can put" , those drastic fears to rest, according to the U.S. Fish and Wildlife Service, the' agency responsible for administering the Endangered Species Act. "People may not lDlderstand what 'crit- ical habitat' means," said Patty Schrader, a Service biologist who handles endan- geredspecies pennitsin;GrandJunction, , Colo. "If their land is Within critical habi- 'tat for endangered fish, they may think their projects will be shut down or that the government will takti their property. , "But that's not the case. We almost always find an alternative solution." The March 21; 1994, designation of 1,980 miles of critical habitat for en- dangered Colorado River fish under the Endangered SpeCies Act was the out- come of a lawsuit by the Sierra Club Legal Defense Fund arid a subsequent court order. In certain circumstances the Service now has more authority to protect the waters and land considered critical to the fishes' recovery. "Our goal is tll protect endangered fish, habitat while also allowing for economic development and mainte- nance of sport fisheries;" said Ralph Morgenweck, director of the, 'Denver- 'based Mountain-Prairie Region of the U.S. Fish and Wildlife Service. "Some' projects may not be compatible with our efforts to balance these concerns. But most can' be made acceptable if ,landowners work with our field staff early in the proposal process." For critical habitat rules to apply, there must be some type offederal in- volvement.' Private landowners could be affecled by critical habitat rules when their planned action requires fed- eral authorization, such as a permit or license, or when they are receiving federal fu.i1ding, including federal loans or Natural Resources Conserva- . tion Service money for constructing a pond. 'For example, section 404 of the Clean Water Act generally requires landowners to obtain permits from the 4,000 "' ~' ::E Historical Habitat Daslgnated Critical Habitat The amount of habitat designated by the U.S. Fish and Wildlifa Service for endangered Colorado River fish Is only 30 parcent of what existed originally. U.S. Army Corps of Engineers when planning to stabilize a riverbank, exca- vate an area near waters in' the 100- year flood plain or place "fill material" in the water or in a wetland: These types of action include dredging, fill- ing in wetlands, 'mining for sand and gravel, constructing boat ramps and . 'placing rocks in the river to build riprap; jetties or small dams. "That doesn't mean all these activi- ties are prohibited:' Schrader said. "If the area does not provide all the ele- ments needed by the fish, it would not be considered critical habitill,' and the project would not affect the fish." When a project's," only impact to , critical habitat is water depletion, tlie Service considers it to be offset by re~ covery actions undertaken by the Re- covery Program, as long as 'the' pro- gram ,contiilUes to make sufficient progress in impleinentingthose actions. ,- Even projects in areas important for the fish may be acceptable. It may be possible to complete gravel excavation projects that eventually would benefit endangered fish, expmined biologist Mike Tucker. If, after gravel is removed, river wa- ter could be channeled to flow through the excavation site, what once was an isolated gravel pit could become a backWater or other habitat needed by 10 endangered fish. To obtain permits, landowners should contact the local office of the Corps of Engineers. In the upper Colorado RiVer Basin, critical habitat includes the Colorado River from Rifle, Colo., to, Lake Pow- ell; the Gunnison RiVer from Delta, Colo., to Grand Junction; the Yampa River from Craig, Colo., to the Green River; and the White River from Rio Blanco Dam to the Green RiVer; and the Green River from Dinosaur Na- tional Monument to Lake Powell. Critical habitat is defmed as all ar- eas within the I OOCyear flood plain,that provide the' following: - Asufficientquality and quantity of water needed by the fish at each life stage. - Physical characteristics such as 'side channels, backwaterS, flood plains arid bottom lands, which are used by the fIsh as spawning, nursery, feeding and rearing, sites. - An adequate food supply and other biological factors. "Endangered fish need habitats such as flooded bottom lands, oxbows, side channels and backwaters;' Schrader said. "If these areas are cut off, filled in or stabilized, the fish don't have the habitat they need to complete all life stages and reach recovery."