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002790 " ""V'VESTERN srr VV"ATER 220 South 2nd East. Suite 200 Salt Lake City, Utah A weekly report prepared by the staff of the Western States Water Council Craig Bell. Executive Director --- ENVIRCJM.1ENr Issue #505, January 20, 1984 Enlangered Species Act - Experimental Populations The U. S. Fish & Wildlife Service has published a proposed rule implementing Section 1O(j) of the 1982 amendments to the Endangered Species Act in the Federal Register of Jan. 9, 1984 (49 FR 1166). Section 10(j) provides for the translocation of "experimental populations" of listed species into new areas of their historic range in order to aid recovery efforts. Special rules =uld be required on a case- by-case basis for each experimental population, an::! the Secretary of Interior would make such a designation after considering possible adverse effects on extant popu- lations; the likelihood of survival in the foreseeable future; and the relative effects on recovery of the species. The amendments also provide new administrative flexibility for selectively applying stringent prohibitions on the taking of en- dangered species under Section 9, and under Section 7, on federal agencies autho- rizing, nmding or carrying out any activity that =uld likely jeopardize the continued existence of the species or adversely modify their critical habitat. Such rigid protection llEasures for listed species have resulted in significant local opposition to translocation efforts. The proposed rules create "essential" an::! ''non- essential" experimental populations. The former are defined as, "an experimental population whose loss would appreciably reduce the likelihood of the survival of that species in the wild." Essential populations would be treated as threatened species, protected under Sections 7 an::! 9. Non-essential populations would be ,treated as a species proposed to be listed as threatened, without such stringent protections. Special regulations designating experimental populations !!USt include: (1) a means of identifying the population, including its actual or proposed location, migration patterns, an::! the number of in::!ividuals to be released; (2) factually based fin::!ings that the population is (or is not} essential to the continued existence of the species; an::! (3) specific management restrictions and protective measures. The regu- lations also call for the Fish & Wildlife Service to consult throughout the process of developing and implementing experimental population rules with affected local landowners, federal agencies, local governmental entities and appropriate state fish an::! game agencies. Consultation with other state agencies has been omitted. Cooments on the proposed rule should be sent to: Associate Director - Federal Assistance, U.S. Fish & Wildlife Service, Washington, D.C. 20240, ATIN: Experimental Populations. Corrrnents should refer to individual sections of the proposed rules and must be re- ceived by Feb, 8. For further information contact Mr. John L. Spinks, Jr., Chief, Office of Endangered Species, U.S. Fish & Wildlife Service, Washington, D.C. 20240, (703) 235-2771 or to the principle author of the proposed rule, Peter G. Poulos, (703) 235-2760. WATER ~ALl1Y Ground Water Last Wednesday, Marian Mlay, EPA' s Ground Water Task Force Chairperson, ap- proved what may be the final draft of EPA 's grOl.md water strategy. If so, it should be released for formal review in about two weeks. Speaking to the WSWC recently (see WSW #504), Ms, Mlay highlighted the new strategy's deference to the states as pri- marily responsible for ground water management and protection. EPA's role will be to strengthen state programs and institutional capability. The proposed strategy now includes a classification system with three categories covering special aquifers, The Western States Water Council is an organization of the Western States Governors representing the states of Arizona, CalifornHI. Colorado. Idaho, Montana, Nevada. N.ew Mexico, Oregon, Texas, Utah, Washmgton and Wyoming.