Laserfiche WebLink
<br />Criterion' 9 <br />management agency to be of essential value and where the presence of threatened or <br />endangered species has been scientifically documented, shall be considered unsuitable. <br />Federally designated critical habitat for listed threatened or endangered plant and animal species, • <br />and habitat proposed to be designated as critical for listed threatened or endangered plant and <br />animal species or species proposed for listing, and habitat for Federal threatened or endangered - <br />species which is determined by the Fish and Wildlife Service (Service) and the surface <br />Exceptions. A lease may be issued and mining operations approved if, after consultation <br />with the Fish and Wildlife Service, the Service determines that the proposed activity is <br />not likely to jeopardize the continued existence of the listed species and/or its critical <br />habitat <br />Analysis <br />No lands within the review area are designated as critical habitat, proposed to be designated as <br />critical habitat, or determined to be essential habitat for any Federally listed threatened or <br />endangered plant or animal species, or species proposed for listing (Federal Register, various <br />datesl. However, critical habitat fnr the Colorado squawfish, Razorback sucker, Humpback <br />chub, and Bonytail chub does exist off-site in the Colorado River drainage which potentially <br />could be affected by water depletion from this action (Federal Register/Vol. 59, No. 54). The <br />Service has concluded that any water depletion in the Upper Colorado River Basin 'may effect' <br />these endangered fish species and their critical habitat. <br />Through Section 7 consultation with the 8LM and USFS the Service, in a Programmatic <br />Biological Opinion (801, dated ,lone 13, 1994, for Minor Water Depletions (less than 125 acre <br />feet) in Colorado concluded that an•! new water depletion is likely to jeopardize the continued <br />existence of these endangered fish species and result in the destruction or adverse modification • <br />of their critical habitat, and has developed reasonable and prudent alternatives to avoid the likely <br />of jeopardy to these endangered fishes and to avoid destruction or adverse modification of their <br />critical habitat. For new depletion of 125 acre feet or less the Service has determined that <br />project depletion impacts can be offset by (al the water project proponents one-time <br />contribution to the Recovery Program in the amount of 512.34 IFY 94 rate) Der acre-foot of the <br />project's average annual depletion, Ibl appropriate legal protection of instream flows pursuant to <br />State law, and Icl accomplishment of activities necessary to recover the endangered fishes as <br />specified under the Recovery Implementation Program Plan. <br />With respect to lal above, the BLM and/or USFS and their permittee are responsible fora one- <br />time payment for each new depletion which has been calculated by multiplying the total average <br />annual depletion for the project by the depletion charge in effect at the time payment is made. <br />This amount will be adjusted annually for inflation on October 1 of each year. The BLM and/ar <br />USFS will require individual permittee to provide a payment directly to the Fish and Wildlife <br />Foundation for the their depletion charge amount. <br />The following list of Federally listed endangered, threatened, and candidate species are known <br />to occur on the review area and/or in the region of potential effect of this action and were <br />considered under this criterion: <br />Bald eagle Ha/iaeetus /eucocephalus END <br />Bonytail chub Gi/a e/egans END <br />Colorado Squawfish Ptychocheilus /ucius END <br />Humpback Chub Gi/a cypha END <br />Peregrine Falcon Falco peregrinus END <br /> <br />Razorback sucker <br />Xyrauchen teranus • <br />END <br />Appendix ?, Page S <br />