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<br />. <br /> <br />. <br /> <br />. <br /> <br />of the bony tail chub, razorback sucker, Yuma clapper rail, and southwestern willow flycatcher or <br />result in the destruction or adverse modification of critical habitat for the razorback sucker in the <br />Lower Colorado River. Reclamaton has provided conservation measures that would be part of <br />the proposed action once selected. These measures are designed to reduce the significance of the <br />effects of the action on li,ted species and critical habitat. These conservatiJD measures are <br />identified in this ROD in Section X.- Environmental Impacts and Implementation of <br />Environmental Commitments, Part 4 - Special Status Species. <br /> <br />Reclarmtion consuhed with the Service and the National Marine Fisheries Service (NMFS) <br />through a supplemental biologK:al assessment (SBA) on TransbOlmdary effects in Mexico from <br />Ihe proposed action for Interim Surplus Criteria by rremoranda dated January 9, 2001. These <br />consultations do not reflect any conclusion on Reclamation's part that consultation is required, as <br />a matter of law or regulation, on any possible impact the adoption of interim surplus criteria may <br />have on U.S. listed spec~s in Mexico. Rather, consuhation on the~ effects have proceeded with <br />the expressed understanding that it may exceed what is required under applicable Federal law and <br />regulatiOn<; and does not establish a egal or policy precedent. <br /> <br />The Service responded to Reclamation's memorandum on Transboundary effects on January II, <br />2001. The Service noted that Reclamation requested Service concurrence with a finding of "may <br />affect, not likely to adversely affect" for the endangered southwestern willow flycatcher and <br />totoaba (Toloaba macdonaldi). Reclamation also made findings of "no effect" to the endangered <br />desert pupfish, Yuma clapper rail, and the vaquita (Phocaena sinus). The Service stated that il <br />does not have jurisdiction in section 7 consultations for marine species such as the vaquita and <br />totoaba, therefore they are not discus~d in their lremonmdum. The Yuma clapper Jail is not <br />listed under the Endangered Species of 1973 (as arrended) outside of the United States. <br />Therefore, Yuma clapper rails in Mexico are not protected or considered in the section 7 <br />consulIation and are not discussed further in tlIeir memorandum. The Service concurred with <br />Reclamation's finding of "no effect" for the desert pupfish. The Service fmds that the effects of <br />the Interim Surplus Criteria as descril:ed in Ihe SBA are insignificant and concurs wilh <br />Reclamation's finding of "may affuct, not likely to adverselyaffuct" fOr the southwestern willow <br />flycatcl:er. <br /> <br />The NMFS responded to Reclarmtions's tremorandum on Tran<;boundary effects on January 12, <br />2001. Recbmationconc1uded that the proposed action for the Interim Surplus Criteria will ''not <br />affect" the Yun-a clapper rai~ desert pupfish, and the vaquita. Reclamation also concluded that <br />the proposed interim surplus crileria "may atTect, bul is not likely to adversely aftect" the <br />southwestern willow flycatcher and totoaba and requested concurrence with this tlnding for the <br />endangered totoaba. In their respon<;e the NMFS conoJTred with Recbmation's determimtion <br />that the implementation of the preterred alternative will not likely adversely affect the totoaba. <br />This finding concludes informal consultation pursuant to section 7 of the Endangered Species Act <br />and its implementing regulations. <br /> <br />II <br />