Baker River Hydroelectric Project Relicensing Comprehensive Settlement Agreement, Signed in November 2004 (Agreement)
2 Based on the information provided in the Final Environmental Impact Statement, other documents, and conversations with staff from Puget Sound Energy, ACOE, and the U.S. Forest Service (USFS), we have concluded that effects to the federally-listed grizzly bear and gray wolf associated with the proposed relicensing of the Baker Project would be insignificant and discountable. Therefore, we concur with your “may affect, not likely to adversely affect” determination for grizzly bear and gray wolf. The FWS disagrees that “may affect, likely to adversely affect” is the appropriate effect determination for bull trout critical habitat. Virtually no areas below the Baker Dams are designated bull trout critical habitat, and therefore we believe that the appropriate determination is “no effect.” The FWS does not concur with the “may affect, not likely to adversely affect” determination for bald eagle, marbled murrelet, marbled murrelet critical habitat, northern spotted owl, and northern spotted owl critical habitat because of the potential for increased disturbance due to construction activities and increased visitor use, the potential to remove critical habitat and/or the potential to increase predation of marbled murrelet nests by corvids. We concur with the “may affect, likely to adversely affect” determination for bull trout. We therefore have conducted a formal consultation on the bald eagle, bull trout, marbled murrelet, marbled murrelet critical habitat, northern spotted owl, and northern spotted owl critical habitat. This consultation is complex, involving two Federal action agencies, the analysis of over 50 license articles proposed in the Baker River Hydroelectric Project Settlement Agreement and covering the effects of a license for operation for up to 50 years.
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