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<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 />