2010-11-16_PERMIT FILE - C1996083A (27)

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Volume III, Tab 9 arrd Wildlife Foundation, at the time of issuance of the Federal approvals from'OSM. The balance ~Nill be due at the time the 69 acre-feet depletion commences. The payment will be included by the OSNx as a permit stipulation. The funds will be used for acquisition ofwater rights (o:r directly-related activities) to meet the instream flow needs of the endangered fishes; or to support other recovery activities for the endangered fishes described in the RTPRAP.. All payments should be made to the National Fish and Wildlife Foundation: ' relational Fish and Wildlife Foundation Intermountain West Regional Office ' ' Ftocky Mountain Arsenal National Wildlife Refuge 72nd & Quebec Streets F3uilding l 1, Box l9 C:ot:nmerce City, Colorado 80022 The detEamiaation in this document is based on the information provided by the OSM. if new informatioa.becomes available, if a new species becomes listed, if incidental take occurs, if the total average annual amount ofwater depleted by this project changes, or if any other project element changes which alters the operation of the project from that which is described in your correspondence and which may affect any endangered or threatened species in a manner o_i to ar extent not considered in this biological opinion (see 50 CFIt 402.16), formal Section 7 consultation should be reinitiated. The OSlvl should condition its approval documents to retain jurisdiction should Section 7 consultation need to be reinitiated. INCIAI.IVTAI.. TAKE STA.T>ti1~NT Section 9 of the Endangered Spccics Act and Fcdcral regulation pursuant to Section 4(d) of the Endangered Species Act prohibit the take of endangered and threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, htmt, shoot, wound, kill, trap, capture or collect, or arterapt to engage in any such coaduct..Harm is fiuther defined by th ~ Service to include significant habitat modification or degadation that results in death or injury t o listed sF~ecies by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the Service as intentional or negligent acrions that create the likelihood of injury to listed species to such an extent as to significantly disrupt norm: S 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 propose of; the carrying out of an otherwise lawful activity. Under the terms of Section 7(b)(4) and Section 7(0)(2), taking the is incidc~tal to and not intended as part of the agency action is not considered to be prohibited taking under the Endangered Species Act, provided that such taking is in compliance with tens: and conditions of an incidental Take Statement. Amour+: or Extent of Take Anticipated . The Service does not anticipate that the additiona169 acre-foot water depletion in the Colorado River subbasia will incidentally take any endangered fishes. 7~-a~ HPPRobC-D B/2~.Id 3 Pe~E 3 of y