<br />Federal Register / VoL 59, No. 54 / Monday, March 21, 1994 / Rules and Regulations
<br />
<br />13385
<br />
<br />Opinion issued on October 25, 1991 by
<br />the Service, the Bureau of Reclamation
<br />agreed to fund 7 years of research and
<br />to develop a RecOvery Implementation
<br />Program for the San Juan River, On
<br />October 24,-1991, a Memorandum of
<br />Understanding was signed by the
<br />Semce; the' Bureau of Reclamation, the
<br />Bureau of Indian Affairs, States of
<br />Colorado'and' New Mexico, the Ute
<br />Mountain Indian Tribe, the Southern .
<br />Ute Indian Tribe, and the Jicarilla
<br />Apache Indian Tribe to set forth certain
<br />agreements and to establish a San Juan
<br />Recovery Implementation Program
<br />(SjRIP); The SjRIP provides thebesis for
<br />the recovery of the endangered fishes of
<br />the San Juan River.
<br />The 7 -year research effort focuses on
<br />observing the biological response of
<br />endangered fish populations to habitat
<br />conditions after the reoperation of
<br />Navajo Ilan;l to meet the needs of the
<br />Colorado squawfish and razorback
<br />sucker. The recovery elements define
<br />the iliiijercategories of activities that
<br />will heci>nducted to recover
<br />endlingerea fish species and Diilintain. .'
<br />the 'l~'\velish community in the' San.
<br />. Juaiil9-:ver Basin. Intensive stuw..s are
<br />being~d\lcted by the.8jRIPto . ~:
<br />. deter:tirli1e'ihe relative abundance imd
<br />distiiilliiion of endangered fishes and
<br />other_tive and nonnative fishes.
<br />M0d.ific8tiori:and loss of bebitat, fiSh
<br />po~and nonnative fishes have
<br />contributed to the dec1ine of the . .
<br />Co~oSq\lawfish and razorback'
<br />suckSi- ~ the San Juan River Basin.
<br />Reguliiting structures, such as Navejo
<br />Dam, can,be operated to control river
<br />flowsn,d temperatures to affect the
<br />quantity and quality of habitats in
<br />certain river reaches during periods
<br />whell they are most critical to
<br />endangered fish species, After
<br />determining appropriate flow needs, the
<br />BiolOgy Committee of the SjRIP, with
<br />input from the Bureau of Reclamation,
<br />will recommend specific flow regimes
<br />to the Semce. It is anticipated that the
<br />water for habitat Improvement will be
<br />provided.by the reoperation of Navajo
<br />Dam.
<br />.The Bureau of Reclamation has agreed
<br />that it will operate Navajo Dam to ,
<br />provide a .more natural hydrograph, if
<br />the researCh shows this type of
<br />hydrograph is beneficial to recovery of
<br />endangered species and the native fish
<br />community, If habitat and flow needs.
<br />are identified that cannot be met by
<br />reoperation of Navajo Dam, additional
<br />sources of water to meet those needs
<br />will be identified on a case-specific
<br />basis, The success of the SjRIP is
<br />contingent upon the legal protection of
<br />water released for habitat flows
<br />
<br />pursuant to Federal, State, and tribal
<br />laws.
<br />To date, 15 years of research and $18
<br />million have been spent in fish stocking
<br />and research on these .fish species in the
<br />Lower Basin, A combined research and
<br />management effort continues in the
<br />Lower Basin. This effort involves
<br />researchers from Arizona State
<br />University, Ariz'ona Game and Fish
<br />Department, Nevada Department of
<br />Wildlife, California Fish and Game
<br />Department, Bureau of Reclamation,
<br />Bureau of Land Management, and the
<br />Service, These groups are currently
<br />developing protected grow-out areas in
<br />lakes Mohave and Havasu for razorback
<br />sucker and bonytaiL To date, this.effort
<br />has shown great potential. Additionally,
<br />there was a 1o-year effort to restore
<br />razorback suckers and Colorado
<br />squawfish into the Gila River drainage.
<br />.An extensive research program has
<br />been initiated as part of the Glen
<br />Canyon Environmental Studies (GCES)
<br />to determine life history and ecolOgy of
<br />the humpback chub in the Grand
<br />Canyon. The humpback chub was one of
<br />the' initial species listed under the Act.
<br />. In 1978. the Semce issued a jeopardy
<br />Biological Opinion on the existing .
<br />operation of Glen CaD.yoIi Dam, but
<br />needed further research to determine
<br />what actions are needed to benefit the
<br />listed fish. At that lime, limited
<br />information existed nn the distribution
<br />abundance, life hi5\pry. and habilet ~
<br />for the Grand'CanydDpopulationsoin the
<br />Colorado River ma1nStem and its
<br />associated trlbutaries,The inception of
<br />these studies is an 'Outcome of the.initial
<br />GCESlPhase I effort and Semce
<br />conservation IJ?easures developed as
<br />part of long.term recovery effort for the
<br />species. The research program involves
<br />e coordinated effort among four
<br />principal entities (Arizona State
<br />University, Arizona Game and Fish
<br />Department, Bureau of Reclamation, and
<br />the Service), each addressing specific
<br />study objectives. This program is part of
<br />. the short.term experimental research for
<br />the Glen Canyon Dam Environmental
<br />Impact Statement. A commitment to a
<br />long.term research and monitoring
<br />program exists and will function as a
<br />conduit for the culmination of
<br />additional information generated
<br />through the endangered species
<br />research,
<br />
<br />Relationship of Critical Habitat to
<br />Other Provisions of the Act
<br />
<br />Introduction
<br />
<br />The purpose of the Act, as stated in
<br />section 2(b). is to provide a means to
<br />conserve the ecosystems upop. which
<br />endangered and threatened species
<br />
<br />depend, and to provide a program for
<br />the conservation of.Usted species.
<br />Section 2(C)(1) of the Act states that
<br />... . . all Federal departments and
<br />agencies shall seek to conserve
<br />endangered species and threatened
<br />species and shall utilize their
<br />authorities in furtherance of the
<br />purposes of this Act," Conservation
<br />requirements of species listed as
<br />endangered or threatened under the Act
<br />include recovery actions, requirements
<br />for Federal protection, and prohibitions
<br />against certain practices.
<br />The Act provides for the conservation
<br />of listed species through several
<br />mechanisms, such as section 5 (land
<br />acquisition); section 6 (Federal grants to
<br />States, and research); section 7
<br />(requiring Federal agencies to further
<br />the purposes of the Act by-carrying out
<br />conservation programs, and insuring
<br />that Federal actions will not likely
<br />jeopardize the continued existence of
<br />the listed species or result in the
<br />destruction or adverse modification of
<br />critical.habitat); Section 9 (prohibition of
<br />taking of listed species); and section 10
<br />(permits for scientific purposes or to
<br />enhance propagation and survival of
<br />listed species and habitat conservation
<br />planning on'non-Federal lands), .
<br />Critic8I habitat designation is
<br />primarily intended to identify the
<br />habitat needed for survival and
<br />recovery. Such designation is not a
<br />management or c~nservation -plan.. and
<br />designation of critical hshitat do~s not
<br />offer specific direction for managing
<br />habitat. T1>at type of direction, as well
<br />as any change in.management priorities,
<br />will come through. the administration of
<br />other parts of the Act (e.g.. section 7,
<br />section 10 permit process, and recovery
<br />planning) and through development of
<br />management plans for specific species
<br />or areas. However. the designation of
<br />critical habitat in an area. can result in _
<br />additional protection for that area
<br />through administration of section 7 of
<br />the Act.
<br />
<br />Recove!)' Planning
<br />
<br />Recovery plans developed under
<br />section 4(l) of the Act guide much of the
<br />Service's recovery activities and
<br />promote conservation and eventual
<br />delisting of species. Recovery plans
<br />address the steps needed to recover a
<br />species throughout its range and
<br />provide a mechanism for
<br />Implementation. .Recovery plans
<br />provide guidance. which may include
<br />population goals, and usually include
<br />identification of areas in need of
<br />protection or special management.
<br />Recovery plans can include
<br />management recommendations for areas
<br />proposed or designated as critical
<br />
|