Biological Opinions - Bureau of Reclamation

13.3 Effect of the Take
In the accompanying biological opinions, USFWS determined that this level of anticipated take
is not likely to result in jeopardy to LRS and SNS, and NMFS determined that this level of
anticipated take is not likely to result in jeopardy to SONCC coho salmon ESU.
13.3.1 Reasonable and Prudent Measures (RPM)
The Services believe that the following reasonable and prudent measures and Terms and
Conditions are necessary and appropriate to minimize the impacts of incidental take of LRS,
SNS, and coho salmon resulting from the proposed action. To be exempt from the prohibitions
of Section 9 of the ESA, Reclamation shall comply with all of the reasonable and prudent
measures and Terms and Conditions listed below.
RPM 1. Reclamation shall take all necessary and appropriate actions within its authorities to
minimize take of listed suckers as a result of implementing the proposed action.
RPM 2. Reclamation shall take all necessary and appropriate actions within its authorities to
minimize take of coho salmon as a result of implementing the proposed action.
13.3.2 Terms and Conditions (T&C)
To be exempt from the prohibitions of Section 9 of the ESA, Reclamation must fully comply
with conservation measures described as part of the proposed action (i.e., section 4.4) and the
following Terms and Conditions that implement the reasonable and prudent measures described
above. These Terms and Conditions are nondiscretionary.
T&C 1a. Ensure that No Unnecessary Actions are Taken that Increase Entrainment of Listed
Suckers at the Link River Dam
Reclamation shall immediately coordinate with USFWS when monitoring shows that numbers of
age-0 suckers in the A Canal FES are beginning to increase to their seasonal peak, which usually
occurs in August or early September. This coordination will ensure that no unnecessary actions
are taken that would increase entrainment at the dam. To determine when peak entrainment will
occur, Reclamation shall monitor numbers of age-0 juvenile and older suckers moving through
the FES as described below under section 13.4, Entrainment Monitoring at Project Facilities.
T&C 1b. Take Corrective Actions to Avoid Going below Minimum Elevations in Clear Lake,
Gerber Reservoir, and Tule Lake Sump 1A
At least once a week throughout the year, Reclamation shall assess projected water levels to
determine if they are likely to fall below proposed minimums for Clear Lake, Gerber Reservoir,
and Tule Lake Sump 1A for that relevant time period. If conditions indicate that these reservoirs
are likely to experience hydrologic conditions that would likely result in water levels going
below the minimums, Reclamation shall alert the USFWS determine the most appropriate action
to minimize risk to affected listed species. Reclamation’s required water-level monitoring for
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