WSP07668

• File Number: 8240.200.10.C.5
• Description: UCRBRIP
• Basin: Colorado Mainstem
• Date: 3/21/1994
• Author: USFWS
• Title: Federal Register - Determination of Critical Habitat for Four Colorado River Endangered Fishes - Final Rule
• Water Supply Pro - Doc Type: Publication

13386

Federal Register I VoL 59, No, 54 I Monday, March 21, 1994 I Rules and Regulatiens

habitat. RecowIy plans fur the Colorado
Rivet endangered fishes may be
modified to """"de specific .
recommendations for ~aging critical
habitat. A ,~y'planis not'a
regulatory cIocument, but a plan may
identify recommeDdations fur
implementing actions and managing
'critical habitat on Federal lands, and
consideratious fur management of
critical habitat on other land,
In compliance with section 7(a)(1) of
the Act, Fedmsl agencies should
incorporate recommendations and goals
provided within recovery plans for
these speci....iDto land and water
managementpIans. Biologically smmd
plans offer oppoitunities for-resolving
conflicts between development interests
and endangered species conservation
and prOvida .basiS.lbr present and
future management decisions. Valid.and
acceptable JIlllDllgelD<lnt prescriptions
contained ilrland and water
development plans can help guide the
Service and otber agencies in moruogmg
critical babitatlor the Colorado River
endangered fishesolind other listed and
nonlisted ~ .

Sectibn 7~n .

SeCtion. 7~lofthe Act appliEs O\lly'
to FederaJ'agem:ieSand requiresthemto'
insure that IICtivities they authorize.
----IiiiiCl. or ;;auiource'l1otlikelyto ~ _.~
destroy or adYm:sely modify critical
habitat. TbiS:PildmalrespODSibility
accompanies;; and is in addition to the
requitementin llIICtion 7(a)(2) of the Act
that Federal "l5"-l"" insure that their
actions 818 DOllikBly to jeopardize the .
continued """"-.... of any !iRed. ,
species. Jeopardy is defined in the
section 7 regu:Iations (50 CPR 402.02) as
any action that would be expected to
appreciably reduce the likelihood of
survival andmcovery of a l!JlOcies in the
wild by reducing its numbers,
reproduction. or distribution.
DestmcliOlLor adverse modification of
critical habitat is defined at 50 CPR
402.02 as a direct or indirect aheration
that appreciably diminishes the value of
critical habitat fur both the survival and
recovery of a listed species, Ths
regulations also state that such
alterations include, but are not limited
to, alterations destroying or adversely
modifying lIllyofthose physical or
biological featwes that were the basis
for determining the habitat to be critical.
The requirement to consider potential
adverse modification of critical habitat
is necessaryand in addition to the
review necessary to evaluate the
likelihood of jeopardy in a section 7
consultation.
As required by 50 CPR 402.14. a
Federal agllllCYmusi consult with the

Service if one of its actions may affect
either a listed species or its critical
habitat. Federal action agencies are
responsible .for detATmmn,g whether or
not to consnltwith the Service. The
Service will review agencies'
determinations on a case-by-case basis
and mayor may not roncur with the
agencies' determination of tlno effect" or
"may affect" for critical habitat. as
appropriate, Section 7 consultation is
initiated by a Federal agency when its
actions may affect critical habitat by
impacting any of the primary
constituent elements or reduce the
potential of critical habitat to develop
these elements. The consullation also
wDUld take into consideration Federal
actions outside of critical habitat that
also may impact a criticalhabilat.reach
(e.g.. water management, water qnality.
water deplalions, and DIlIlIBive!ish
stocking or introductions). Though a
Federal action may not destroy or
adversely modify critical habitat. it still
may affect one or more of the Colorado
River endangered fisbss ind their
habitat and could b&subject to
consultation under sectioo 7 of the Act
to determine the li...liI;ovv!of jeopardy .
tothe~ '.. .....
A nuinbet of Federalantities fund. .
authorl2e. or ci!try out actions that may
affect areas the Service has designated
as 'criticalimbitat. -Among these are. the
Westem Area Power ./'trh"in;d?Atinn
Federal Enal:gy Regullitoiy Comm;..;nn
Fish and Wildlife Service, Bureau of ,
Land Management, Natici1aI Park
Service, Bmeau of Indian Affails.
Bureau of Mines, Bureau of
Reclamation. Forest Service, Corps of
Engineers.Army,AityoIce. '
EnviIonmental Pi:otection Agency.
Housing and Urban Development,
Federal Emergency Management
Agency. lIlld Federal Highway
Administration.

Basis for Section 7 Analysis
Designation of critical habitat focuses
on the primary constituent elements
within the defined areas and the
contribution of these elements to the
species' recovery, hased on
consideration of the species' biological
needs and factors that contribute to
survival and recovery. The evaluation of
actions that may affect critical habitat
for the Colorado River endangered
fishes should consider the effects of the
action on any of the fectors that were
the basis for det..nnin;ng the habitat to
be critical, These include the primary
constituent elements of water, physical
habitat. and biological environment, as
well as the contribution of the reach and
the local sites to recovery. .The desired
outcome of section 7 compliance should

be to avoid farther reductions in the
capahility of the habitattn support
Colorado River endang.ered fishes (e.g..
the type of activities that led to listiBg.
such as depletions. predation,
competition. frogrn..ntalion, and habitat
degradation).
For wide-nmging species, such as the
Colorado River endangered fishes.
where multiple critical habitat reaches
ere designated, each reach has a local
and a rangewide role in contributing to
the conservation of the species, The loss
of a single piece of habitat may not .
jeoperdize the continued existence of
the species, but it may J:lIlduc:e the ability
of critical habitat to contribute to
recovery. in.some cases. the loss of a site
containing a primary constituent
element could result in local population
instability, This i:ouldhave a' . .
detrimental effect on the reach or thSt
portion of the reach where the loss .
occurred and could preclude recOVliry
or reduce the likelihood of survival of
the species. Each critical habibit reach is
dependent upon conditions in adjacent
reaches. whether or not those reaches
were designated critical habitat, .
Consideration must therefore be given to
Federal actionsthstwouldtabtplace".....
both within and outside of a critical ;...
habitat reach. Degradation Ofa critii:iit
habitat reach. regardless of the source of
that degradation. mayinrpacl-tlie ....
survival and '~ species.'
The tevel of . apeiticular
critical habitat reach coufd withstand
and still fulfill its intended plllJiose is
variable for each specieS and eech area
ofthe.Basin. Any Jhu}..u-i activity will
need to be reviewed in the context of
affected specieS, hab;tatcondition.and
project Jocation. Because of the habitat
overlap among these species, it may be
difficult to completely separate out the
effects of a partic'alar action on any one
species.
'The designation of seasonally
unoccupied habitat to provide for the
conservation (recovery) of a listed
species adds another dimension to the
analysis, Because listed species are not
always present in these habitats, it may
not be possible to reach a "jeopardy"
finding for actions affecting that habitat.
However. it may be possible to conclude
"destruction or adverse modification~'
for a species if designated critical
habitat is affected and its value for
conservation of the species is
diminished.
Examples of Proposed Actions
For any final regulation that
designates critical habitat, section
4(b)(B) of the ActJellUir!>s a brief
description and evaluation of those
activities (public or private) that may