|
<br />. Federal Register I Vol. 59, No. 54 I Monday, March 21, 1994 I Rules and Regulations
<br />
<br />13387
<br />
<br />advm:sely.modify such habitat or may.be development of backwater or cove
<br />affected by such designation.' . habitat that benefits native species; or
<br />Destruction <lr sdverse modification of eradication of nonnative fish, However,
<br />critical habitat is defined as a direct or these activities should be evaluated on
<br />indirect ahsrstion that appreciably a case-by-case basis. .
<br />dirn;n;dt... the value of critical habitat Feder8l actions related to fisheries
<br />for both survival and recovery of a listed management in general require close
<br />species, Some activities may disturb or evaluation by the Service. The
<br />remove the primary co'(stituent introduction or stocJdng of nonnative
<br />elements within designated critical fish may require evaluation under
<br />habitat for the Colorado River ' section 7 for both the jeopardy and
<br />endangered fishes. These activities may adverse modification standards and to
<br />indnde;.among others, actions that determine whether it would constitute
<br />would reduce the volume and timing of . taking under section g, Although the
<br />water. d_y or block off spawning significance of predation on eggs, larvae,
<br />end nursery habitat, prevent and juvenile endangered fish species by
<br />recruitment, adversely impact food nonnative fish has n<>l been quantified
<br />sources,.llOl1taminata the river, or throughout the Basin, this impact has
<br />increas~ predation by and competition been documented for many species of
<br />with.nmiDative fish. In contrast, other endangered fishes in the Basin and is
<br />activities may have no effect on the considered a key factor in their decline.
<br />critical habitat's primary constituant Nonnative fishes may have other effects
<br />elements, Activities such as recreation on individual fish and critical habitat
<br />(b0lllin8. bildng, hunting, etc.), some . through Competition, changes in habitat,
<br />types liftimning, and properly managed and incidental mortality, ' .
<br />livestod:grazing msy not adversely Endangered fish research and
<br />modify critical habitat, management activities are likely to
<br />. Areas ilesignated as critical habitat for affect individual fish or improve the
<br />the Colorado River endangered fishes . quality and usefulness of habitat for the
<br />support a nwnber of existing ~ " endangered fishes. These types of ExarTl>Ie AttemaIiYes .
<br />proposed commercial and.. activities are addressed through the . .
<br />no.............,malactfvities. SoID<>ofthe section 10 permit process, which Relocate the proposed IlCtMty 10 anotherlc>-
<br />commerd8l and governmental activities includes a section 7 evaluation to cation within or outside of critical habitat to
<br />
<br />~$~=~~~~.n(f~~~r:~:;'~~d::=::~---M~~7:" ::=opera=-- .
<br />
<br />inigatiOD. ~. control, bank ... mcases where destn1ction or adverse avoid adverse niodifieation of critical hlIIli-
<br />stabiJizatlOn,oilandgasdrilling. modificalionis;nn;"*"'d(withor tat '. . " ,", .
<br />miJiing,graziJtg, stocking m" without tha likelihood of jeopardy), a Provide offseWng measures to either Coler
<br />introddon 'of nonnative fishes, . portion of the economic impacts may redo River ill tdal gered fishes or ~e critical .
<br />municipal Water supplies, and resort result from complying with tenus and habitat ~ by actionS ~ as: .
<br />-faci1itieS. Commercial'activitieS not conditions in the incidental taka A. acqulI'InQ -- fir secunng water rights
<br />lilcely to destroy or adversely modify statement of a.Biological Opinion. An :" ~ to ~ered ::
<br />cri?~ habitat inc~ude nonc~ptive in<:!-den~ take. ~~ent is pr~vided in depletion; . 0 a pro
<br />. actiVIties such as nverfloat trips. a biolOgIcal opUllon if the Semce e. implementing water conservation mess.
<br />gnided sport fishing, and excursion boat anticipates incidental loss of utes so that no net loss of water occurs;
<br />tours. Noncommercial activities are individuals of the species as a result of C. enhancing constituent element.areas so
<br />largely associated with private habitat alteration resulting from a that a net benefit to Colorado River en-
<br />,,,,,,,,ation.and are not considered lilcely Federal action. The incidental take dangered fishes occurs. i.e., acquiring
<br />to amrsely affect critical habitat, Such statement outlines the number of - Iands'and removal or larg~
<br />activities include boating, fishing, and individuals andlor amount of habitat redtJl:lWns of nonnative fish wllhin s CIiIi-
<br />variOllS activities associated with nature the Service anticipates will be lost due D ~=~~or recovery actions ideo-
<br />spp~on, Howev!r, it must.be ~o th,: Federa1action, The Service then 'tified in recovery plans, Recovery ,~
<br />emphasized that section 7 of the Act Identifies re8S<lnable and prodent mentation Programs. or other approved
<br />only applies to Federal actions (projects, measures necessary to minimize such management plans or activities.
<br />permits. loans, etc.) and that each take and sets forth terms and conditions
<br />Federal action must be evaluated on a that the Federal "geney and/or applicant Some reasonable and prodent
<br />case-by-case basis, '" must comply with to implement the alternatives may only require minor
<br />Some activities could be considered a reasonable and prudent measures. In modifications to construction and/or
<br />benefit to Colorado River endangered some cases, the requirements to operational plans, As an example, a
<br />fishes habitat, such as the Colorado minimize incidental take (tanns and propOsed boat ramp may need to be
<br />River and San Juan River Recovery conditions) may be similar to reasonable relocated a .hort distance to avoid
<br />Implementation Programs and, and prodent alternativ~ developed im~acting a "P."~g or n,:,,",:ry area.
<br />therefore, would not be expected to under an adverse modification or Projects resulting m more Slgmficant
<br />destroy or adversely modify critical jeopardy finding. impacts may require major changes to
<br />habitat,. Elcamples of activities that ' . . the original proposal. A large irrigation
<br />could benefit critical habitat in some. Reasonable and Prudent Alternatives diversion project, as an example, may be
<br />cases include protective measures such If the Service concludes in a lilcely to affect most of the constituent
<br />as instream flow protection, biological opinion that an action would elements'of a critical habitat reach and
<br />
<br />likely result in the destruction or
<br />adverse modification 'of critical habitat,
<br />the Service ill required to provide
<br />reasonable and .pmdent alternatives, if
<br />any, to the proposed action in its
<br />biological opinion. By definition,
<br />reasonable and prodent alternatives
<br />allow the intended purpose of the ..
<br />proposed action to go forward while
<br />avoiding the conditions that would
<br />adversely modify critical habitat. To
<br />increase the potential for identifying
<br />such alternatives, the Service
<br />. recommends that th~ agencies initiate
<br />discussions early in the planning
<br />process before plans have advanced to
<br />the point where alternatives may not be
<br />as feasible. II discussions are initiated
<br />early, mo,,! opportunities to reduce
<br />impacts may be available. II an adverse
<br />modification was anticipated, examples
<br />of possible reasonable and prudent
<br />alternatives provided in a biological
<br />opinion include those noted in Table 6.
<br />
<br />TABLE 6.-EXAMPLESOF PoSSIBLE
<br />REASONABLE AND PRUDENT ALTER-
<br />NATIVES
<br />
|