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NMFS No: WCR-2014-832

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NMFS No: WCR-2014-832 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE West Coast Region 7600 Sand Point Way N.E., Bldg. 1 Seattle, WA 98115 Refer to NMFS No: WCR-2014-832 February 9, 2015 Michael Carrier Nora Rasure Idaho State Supervisor Regional Forester, Intermountain Region U. S. Fish and Wildlife Service USDA Forest Service 1387 S. Vinnell Way, Suite 368 324 25th Street Boise, Idaho 83709 Ogden, Utah 84401 Faye Krueger Tim Murphy, State Director Regional Forester, Northern Region Idaho Bureau of Land Management USDA Forest Service 1387 South Vinnell Way P.O. Box 7669 Boise, Idaho 83709 Missoula, Montana 59807 Kelly Urbanek Jeff Burwell, State Conservationist U.S. Army Corps of Engineers USDA-Natural Resources Conservation Service Walla Walla District 9173 W. Barnes Drive, Suite C 10095 W. Emerald St. Boise, Idaho 83709 Boise, Idaho 83704 Lesa Stark Program Manager Bureau of Reclamation, Snake River Area Office 230 Collins Road Boise, Idaho 83702-4520 Re: Programmatic Endangered Species Act Section 7 Formal Consultation and Magnuson- Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for Habitat Restoration Projects in the Salmon River Basin (HUC 170602), Clearwater River Basin (HUC 170603), Hells Canyon Subbasin (HUC 17060101), and Lower Snake-Asotin Subbasin (HUC 17060103), Idaho Dear Mr. Carrier, Ms. Rasure, Ms. Krueger, Mr. Murphy, Ms. Urbanek, Mr. Burwell, and Ms. Stark: The enclosed document contains a programmatic biological opinion (Opinion) prepared by the National Marine Fisheries Service (NMFS) pursuant to section 7(a)(2) of the Endangered Species Act (ESA) on the effects of habitat restoration projects in Idaho. Habitat restoration projects will be funded, permitted, or implemented by NMFS, U.S. Army Corps of Engineers (COE), Bureau of Reclamation (BOR), Natural Resources Conservation Service (NRCS), U.S. Forest Service (USFS), and the Bureau of Land Management (BLM). In this Opinion, NMFS concludes that the action, as proposed, is not likely to jeopardize the continued existence of Snake River sockeye 2 salmon, Snake River fall Chinook salmon, Snake River spring/summer Chinook salmon, and Snake River Basin steelhead, or result in the destruction or adverse modification of designated critical habitat for Snake River sockeye salmon, Snake River fall Chinook salmon, Snake River spring/summer Chinook salmon, and Snake River Basin steelhead. As required by section 7 of the ESA, NMFS provides an incidental take statement with the Opinion. The incidental take statement describes reasonable and prudent measures (RPMs) NMFS considers necessary or appropriate to minimize the impact of incidental take associated with this action. The take statement sets forth nondiscretionary terms and conditions, including reporting requirements, that the Federal agency and any person who performs the action must comply with to carry out the RPMs. Incidental take from actions that meet these terms and conditions will be exempt from the ESA take prohibition. This document also includes the results of our analysis of the action's likely effects on essential fish habitat (EFH) pursuant to section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), and includes three Conservation Recommendations to avoid, minimize, or otherwise offset potential adverse effects on EFH. These Conservation Recommendations are an identical set of the ESA terms and conditions. Section 305(b)(4)(B) of the MSA requires Federal agencies to provide a detailed written response to NMFS within 30 days after receiving these recommendations. If the response is inconsistent with the EFH Conservation Recommendations, the Federal action agency must explain why the recommendations will not be followed, including the justification for any disagreements over the effects of the action and the recommendations. In response to increased oversight of overall EFH program effectiveness by the Office of Management and Budget, NMFS established a quarterly reporting requirement to determine how many Conservation Recommendations are provided as part of each EFH consultation and how many are adopted by the action agency. Therefore, in your statutory reply to the EFH portion of this consultation, we ask that you clearly identify the number of Conservation Recommendations accepted. If you have questions regarding this consultation, please contact Sarah Fesenmyer, Northern Snake Basin Branch Office, at (208) 378-5660, or [email protected]. Sincer~ly, (';.,. William W. Stelle, Jr. F Regional Administrator Enclosure ( ccs on following page) 3 cc: Pam Druliner – USFWS Deb Koziol – NRCS Scott Hoefer – BLM Duane Mitchell – COE Jeff Peterson – BOR Mike Edmondson – Idaho Governor’s Office of Species Conservation Scott Spaulding – USFS Lee Jacobson – USFS Katherine Thompson – USFS Clayton Nalder – USFS Mark Moulton – USFS Bob Rose – USFS Cecilia Seesholtz – USFS 4 bcc: SBAO Read File SBAO File Copy S. Fesenmyer (electronic copy) K. Troyer (electronic copy) Fesenmyer:Troyer:Habitat Restoration Projects:am:02/05/2015:WCR-2014-832 cc Addresses: Lee Jacobson Pam Druliner U.S. Forest Service U.S. Fish and Wildlife Service [email protected] [email protected] Katherine Thompson U.S. Forest Service Deb Koziol [email protected] Natural Resource Conservation Service [email protected] Clayton Nalder U.S. Forest Service Scott Hoefer [email protected] Bureau of Land Management [email protected] Mark Moulton Duane Mitchell U.S. Forest Service U.S. Army Corps of Engineers [email protected] [email protected] Bob Rose Jeff Peterson U.S. Forest Service Bureau of Reclamation [email protected] [email protected] Cecilia Seesholtz Mike Edmondson U.S. Forest Service Idaho Governor’s Office of Species [email protected] Conservation [email protected] Scott Spaulding U.S. Forest Service [email protected] Endangered Species Act Section 7(a)(2) Programmatic Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation Habitat Restoration Projects in the Salmon River Basin (HUC 170602), Clearwater River Basin (HUC 170603), Hells Canyon Subbasin (HUC 17060101), and Lower Snake-Asotin Subbasin (HUC 17060103), Idaho NMFS Consultation Number: WCR-2014-832 Action Agencies: National Marine Fisheries Service, U.S. Army Corps of Engineers, Bureau of Reclamation, Natural Resources Conservation Service, U.S. Forest Service, and the Bureau of Land Management Af~ecte dS ;pec1es andD etermmatwns: Is Action Likely to Is Action Likely to Is Action Likely to Adversely Affect Destroy or ESA-Listed Species Status Jeopardize the Species or Critical Adversely Modify Species? Habitat? Critical Habitat? Snake River Basin steelhead Threatened Yes No No (Oncorhynchus mykiss) Snake River fall Chinook Threatened Yes No No (0. tshawvtscha) Snake River spring/summer Chinook Threatened Yes No No (0. tshawytscha) Snake River sockeye salmon (0. nerka) Endangered Yes No No Fishery Management Plan that Does Action Have an Are EFH Conservation Describes EFH in the Project Area Adverse Effect on EFH? Recommendations Provided? Pacific Coast Salmon Yes Yes Consultation Conducted by: National Marine Fisheries Service, West Coast Region Issued By: ~1~~ llliam W. Stelle, Jr. 1v Regional Administrator Date: February 9, 2015 TABLE OF CONTENTS 1. INTRODUCTION ..................................................................................................................... 1 1.1 Background .............................................................................................................................. 1 1.2 Consultation History ................................................................................................................ 1 1.3 Proposed Action ....................................................................................................................... 2 1.3.1 Action Agencies .................................................................................................................... 2 1.3.2 Program Implementation Procedures .................................................................................... 4 1.3.3 Categories of Habitat Restoration Activities ........................................................................ 5 1.3.4 General Conservation Measures ........................................................................................... 7 1.3.5 Action Categories and Specific Conservation Measures .................................................... 14 1.3.5.1 Fish Screening .................................................................................................................. 14 1.3.5.2 Fish Passage ..................................................................................................................... 16 1.3.5.3 Instream Flow .................................................................................................................. 20 1.3.5.4 Instream Structures .......................................................................................................... 22 1.3.5.5 Side Channels and Floodplain Function .......................................................................... 28 1.3.5.6 Channel Reconstruction/Relocation ................................................................................. 31 1.3.5.7 Riparian Habitat ..............................................................................................................
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