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. VIII. Status Of Consultation On Special Status Species Under Section 7(a)(2) Of The Endangered Species Act . On January II, 200 I, Reclamation received a memorandum from the U.S. Fish and Wildlife Service (Service) pursuant to the Endangered Species Act (Act) of 1973, as amended, responding to Reclamation's November 29,2000 memorandum regarding the adoption of proposed Interim Surplus Criteria for the lower Colorado River and its possible effects to endangered species and their critical habitat in the river corridor below Glen Canyon Dam 10 Separation Rapid from Glen Canyon Dam operations. Reclamation's November 29,2000 memorandum concluded Ihat the proposed project may affect, but is not likely to adversely affect, listed species in the Colorado River corridor or their critical habitat from Glen Can)On Dam to the headwaters of Lake Mead. The species of consideration include the endangered humpback chub (Gila eypha) with critical habitat, endangered razorrnck sucker (Xyraehen texanus) with critical habitat, endangered southwestern willow flycatcher (Empidollax extimus trailli) without critical habitat, and threatened (proposed delisted) bald eagle (Haliaeetus leueoeephalus) without critical habitat. The Service concurred with Reclamllion's detennination that a 2 percent change in the frequency of occurrence of experimental flows as a rcsutt of Interim Surplus Criteria ''may aftCct, but is not likely to adversely affect the above mentioned listed species or their critical habitat." The Service also concurred wilh Rechmation's detenninalion that a change in the frequency of Beach Habitat Building Flows (BHBF) through the Grand Canyon from I in 5 years, to the current estimale of I in every 6 years with the adoption ofInterim Surplus Criteria "may affect. but is not likely to adversely affect listed species or adversely nuditY their critical habitat" given that BHBF's are not required to remove jeopardy to native fish, nor required to minimize incidental take, aM have not provcn critical to the survival or recovery ofnative fishes. No further section 7 consultation is required for the adoption of Interim Surplus Criteria in the Grand Canyon at this time. On January 12, 200 I Reclamatnn reeci,cd a Biological Opinion (BO) from the Service for Interim Surplus Criteria, Secrctarial Imp\:mentation Agreem::nts, and Conservation Measures on the Lower Colorado River, Lake Mead 10 the Southerly International Boundary, Arizona, California, and Nevada. This EO is based on infornlation provided in the Augusl 31, 2000 biological assessment, Ihe DE1S for Interim Surplus Criteria, and fmal conservation measures provided by Reclamation on January 9, 2001. The species under consideration include the razorback sucker, bonytail chub (Gila elegalls), desert pupfish (Cyprinodon maeularius), Ywna clapper rail (Rallus longirostlis yumanellsis), brown pelican (Peleeanus oa:idelltalis), southwestern willow flycatcher, the threalened desert torto ise (Gopherus agassizii) and bald eagle; aM designated critical habitat for the razorback sucker and bon)tail chub. The service previously concurred with Reclamation's detern~nation of'is not likely to adversely affect" lor the bald eag\:. Reclamation has also made fmdings of "no effect" for the desert pupfish, brown pelican, and desert tortoise and critical habitat for the bonytail chub. After reviewing the current status of the bony tail chub, razorback sucker, Yuma clapper rail aM southwestern willow flycatcher, the environrrental base tine ror the action area, the effects of Interim Surplus Criteria, including conservation measures, aM cumulative effucts, il is the Service's biological opinion that the proposed action of Interim Surplus Criteria is not likely 10 jeopardize the continued existence . 10