2010-11-22_REVISION - M2009023 (7)

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Species and Critical Habitat Response to the Proposed Action Long Hollow Reservoir would cause water depletions to the San Juan River, however, the target flows outlined in the San Juan River flow recommendations would still be met with the proposed project in place. The operation of Navajo Dam to mimic the natural hydrograph by following the flow recommendations will result in flow patterns similar to those that occurred prior to 1962. Therefore, the anticipated response of the Colorado pikeminnow and the razorback sucker would be increased population size. The Service anticipates the response of designated critical habitat would be improved habitat conditions, including clean spawning bars, more backwater habitat, and the maintenance of channel complexity. CUMULATIVE EFFECTS Cumulative effects include the effects of future State, Tribal, local, or private actions that are reasonably certain to occur in the action area considered in this biological opinion. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to section 7 of the Act. The Service is not aware of any future non-Federal actions not included in this action under consultation that are reasonably certain to occur in the action area. CONCLUSION After reviewing the current status of the Colorado pikeminnow and razorback sucker, the environmental baseline for the action area, the effects of the proposed action, and the cumulative effects, it is the Service's biological opinion that the Long Hollow Reservoir Project, as described in this biological opinion, is not likely to jeopardize the continued existence of the Colorado pikeminnow or razorback sucker, and the proposed project is not likely to destroy or adversely modify designated critical habitat. The relatively small amount of depletion (1,535 acre-feet out of 852,810 acre-feet basin-wide) leads to the conclusion that the magnitude of impacts associated with the proposed project will not cause the likelihood of jeopardy or adverse modification of critical habitat. This conclusion is based on the information provided that demonstrates that the San Juan River flow recommendation can be met with the proposed project in place. INCIDENTAL TAKE Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take of endangered and threatened species, respectively, without a special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. Harm is further defined by the Service to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns including breeding, feeding, or sheltering. Harass is defined by the Service as intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to breeding, feeding or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(0)(2), taking that is incidental to and not 27