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WCRO-2020-02918 June 16, 2021 Christopher Page Chief

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WCRO-2020-02918 June 16, 2021 Christopher Page Chief UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE West Coast Region 1201 NE Lloyd Boulevard, Suite 1100 PORTLAND, OR 97232-1274 Refer to NMFS No: WCRO-2020-02918 June 16, 2021 Christopher Page Chief, Environmental Resources Branch United States Army Corps of Engineers Portland District 333 SW 1st Ave. Portland, Oregon 97204 Re: Endangered Species Act Section 7(a)(2) Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for the Operations and Maintenance Dredging of the Federal Navigation Channel at Tongue Point, Clatsop County, Oregon; Elochoman Slough, Wahkiakum County, Washington; Lake River, Clark County, Washington; and Oregon Slough, Multnomah County, Oregon. Dear Mr. Page: Thank you for your letter of October 16, 2020, requesting initiation of consultation with NOAA’s National Marine Fisheries Service (NMFS) pursuant to section 7 of the Endangered Species Act of 1973 (ESA) (16 U.S.C. 1531 et seq.) for the operations and maintenance dredging of the four Federal navigation channels referenced above. This consultation was conducted in accordance with the 2019 revised regulations that implement section 7 of the ESA (50 CFR 402, 84 FR 45016). Thank you, also, for your request for consultation pursuant to the essential fish habitat (EFH) provisions in Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(b)) for this action. In the attached biological opinion, NMFS concludes that the proposed action is not likely to jeopardize the continued existence of: • Oncorhynchus tshawytscha: Lower Columbia River (LCR) Chinook salmon, Upper Columbia River (UCR) spring-run Chinook salmon, SR (SR) spring/summer Chinook salmon, Upper Willamette River (UWR) Chinook salmon, Snake River fall Chinook salmon; • O. keta: Columbia River (CR) chum salmon; • O. kisutch: LCR coho salmon; • O. nerka: SR sockeye salmon; • O. mykiss: UCR steelhead (O. mykiss), LCR steelhead, UWR steelhead, Middle Columbia River (MCR) steelhead, Snake River Basin (SRB) steelhead; WCRO-2020-02918 • Acipenser medirostris: Southern DPS green sturgeon; or • Thaleichthys pacificus: Southern DPS Pacific eulachon; or result in the destruction or adverse modification of their critical habitats. As required by section 7 of the ESA, NMFS is providing an incidental take statement with the biological opinion. The incidental take statement describes reasonable and prudent measures 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 U.S. Army Corps of Engineers or any applicant must comply with to carry out the reasonable and prudent measures. Incidental take from actions that meet these terms and conditions will be exempt from the ESA’s prohibition against the take of listed species. 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 six conservation recommendations to avoid, minimize, or otherwise offset potential adverse effects on EFH. 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. 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, we request that in your statutory reply to the EFH portion of this consultation, you clearly identify the number of conservation recommendations accepted. If the response is inconsistent with the EFH conservation recommendations, the Corps must explain why the recommendations will not be followed, including the scientific justification for any disagreements over the effects of the action and the recommendations. Please contact Scott Hecht, Branch Chief, Oregon Washington Coastal Area Office in Lacey, Washington, 360-545-7490, [email protected], if you have any questions concerning this consultation, or if you require additional information. Sincerely, Kim W. Kratz, Ph.D Assistant Regional Administrator Oregon Washington Coastal Office cc: Elizabeth Santana David Griffith WCRO-2020-02918 Endangered Species Act (ESA) Section 7(a)(2) Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for the Federal Navigation Channel Operations and Maintenance Dredging Tongue Point, Clatsop County, Oregon Elochoman Slough, Wahkiakum County, Washington Lake River, Clark County, Washington and Oregon Slough, Multnomah County, Oregon NMFS Consultation Number: WCRO-2020-02918 Action Agency: U.S. Army Corps of Engineers – Portland District Affected Species and NMFS’ Determinations: ESA-Listed Species Status Is Action Is Action Is Action Is Action Likely Likely to Likely To Likely to To Destroy or Adversely Jeopardize Adversely Adversely Affect the Species? Affect Modify Critical Species? Critical Habitat? Habitat? Chinook salmon (Oncorhynchus tshawytscha) Lower Columbia Threatened Yes No Yes No River Chinook salmon Upper Columbia Endangered Yes No Yes No River spring-run Chinook salmon Snake River Threatened Yes No Yes No spring/summer Chinook salmon Upper Willamette Threatened Yes No Yes No River Chinook salmon Snake River fall Threatened Yes No Yes No Chinook salmon Columbia River Threatened Yes No Yes No chum salmon (O. keta) Lower Columbia Threatened Yes No Yes No River coho salmon (O. kisutch) Snake River sockeye Endangered Yes No Yes No salmon (O. nerka) WCRO-2020-02918 ESA-Listed Species Status Is Action Is Action Is Action Is Action Likely Likely to Likely To Likely to To Destroy or Adversely Jeopardize Adversely Adversely Affect the Species? Affect Modify Critical Species? Critical Habitat? Habitat? Upper Columbia Threatened Yes No Yes No River steelhead (Oncorhynchus mykiss) Lower Columbia Threatened Yes No Yes No River steelhead Upper Willamette Threatened Yes No Yes No River steelhead Middle Columbia Threatened Yes No Yes No River steelhead Snake River Basin Threatened Yes No Yes No steelhead Southern DPS of Threatened Yes No Yes No green sturgeon (Acipenser medirostris) Southern DPS of Threatened Yes No Yes No Pacific eulachon (Thaleichthys pacificus) Fishery Management Plan That Does Action Have an Adverse Are EFH Conservation Identifies EFH in the Project Effect on EFH? Recommendations Provided? Area Pacific Coast Salmon Yes Yes Pacific Coast Groundfish Yes Yes Consultation Conducted By: National Marine Fisheries Service, West Coast Region Issued By: _________________ Kim W. Kratz, Ph.D Assistant Regional Administrator Oregon Washington Coastal Office Date: June 16, 2021 WCRO-2020-02918 TABLE OF CONTENTS 1. INTRODUCTION................................................................................................................. 1 1.1. Background ................................................................................................................... 1 1.2. Consultation History ..................................................................................................... 1 1.3. Proposed Federal Action ............................................................................................... 3 1.4. Action Area ................................................................................................................. 12 2. ENDANGERED SPECIES ACT: BIOLOGICAL OPINION AND INCIDENTAL TAKE STATEMENT ................................................................................................................. 12 2.1. Analytical Approach ................................................................................................... 13 2.2. Rangewide Status of the Species and Critical Habitat ................................................ 14 2.2.1 Status of Critical Habitat .......................................................................................... 16 2.2.2 Status of the Species ................................................................................................ 22 2.3. Environmental Baseline .............................................................................................. 37 2.3.1. Habitat Conditions in the Action Area .................................................................... 37 2.3.2. Species in the Action Area ...................................................................................... 47 2.4. Effects of the Action ................................................................................................... 48 2.4.1 Entrainment .............................................................................................................. 49 2.4.2. Degraded Water Quality ......................................................................................... 53 2.4.3 Altered Benthic Habitat and Reduced Foraging Opportunity.................................. 58 2.5. Cumulative Effects...................................................................................................... 62 2.6. Integration and Synthesis ............................................................................................ 63 2.6.1
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