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Bald eagle • The bald eagle occurs in the project area mainly as a winter resident and a spring and fall migrant. Bald eagles congregate at specific wintering sites ' in western Colorado from late October through March. Open water on the Colorado River during spring and fall attracts eagles because of fish and waterfowl availability. Large riparian trees provide important roosting/perching habitat. The biological assessment states that winter bald eagle perch trees are located along the proposed full-scale mine rail spur corridor. While construction and operation of the SKM is not likely to jeopardize the continued existence of the bald eagle, we suggest conservation recommendations be incorporated in any permit issued by BLM or other Federal agency to offset adverse impacts to this endangered species. Such conservation actions by BLM and other Federal agencies connected with the SKM project are consistent with Section 7(a)(1) of the Endangered Species Act. CONSERVATION MEASURES-ENDANGERED FISHES Storm King Mines, by letter to FSdS dated January 22, 1985, has agreed to carry out appropriate conservation measures designed to protect and ensure the continued survival and recovery of federally listed fishes. This biological opinion finds that, in order to avoid the likelihood of jeopardy for these federally-endangered fishes, certain conservation actions should occur. FWS requests that BLM and any other Federal agency that may fund, authorize, or carry out Federal actions related to this project develop stipulations so that your Federal approvals will be appropriately conditioned to ensure that conservation measures are carried out. It is the opinion of F;dS that by funding these conservation measures, the SICt~i project sponsor will offset project-related impacts to endangered fishes and thus avoid the likelihood of jeopardy for these species. Conservation measures are designed to offset the adverse impacts of water depletion from the Colorado River, and contribute to the conservation of Che Colorado squawfish, humpback chub, and bonytail chub in the upper Colorado River basin above Lake Powell. FWS believes that the continued depletion of water from the upper Colorado River basin reduces the flexibility of the system to withstand additional water losses without detrimental impacts to currently occupied habitat for endangered fishes. Creation of habitats favorable to introduced species is an example of how changes in flow regimen may shift the balance from habitats favorable to rare endemic fishes to habitat conditions that may favor introduced fishes. FWS believes that major causes for the decline of the Colorado squawfish, humpback chub and bonytail chub include the effect of impoundments and water depletion from the Colorado River and its tributaries. Using the best scientific and commercial data presently available, the FWS has determined that additional depletions of water may contribute to the extinction of these fishes unless offset by active conservation measures to provide for the continued existence of these species in their native habitats, Based on 5