— MP-750

ENV-4.00

To:

United States Department ofthe Interior

Interested Parti

BUREAU OF RECLAMATION

Mid-Pacific Regional Office

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California

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Regional Director, Sacramento CA

Central Valley Project WaterUsers Compliance

Species Act (Endangered Species)

With Endangered

The enclosed is provided for informational purposes to ensure that Central

Valley Project (Gyp) water is used in a manner consistent with provisions of

the Endangered Species Act (Act). In addition, the enclosure provides

information on. the responsibilities of both the Bureau of Reclamation

(Reclamation) and the water users under the Act. There is no intent on the

part of Reclamation to limit or curtail water utilization, or prohibit any

change in type or area of use.

There are a number of endangered and threatened species that occur throughout

the CVP service areas. Based upon Reclamation’s, and the water users’

responsibilities under the Act, we recommend that prior to any changes in land

use or other related actions, a determination be made and concurred in by tne

Fish and Wildlife Service that the intended actions will not affect listed

species.

If you have any questions, please contact Kr. Frank Michny, Regional

Endangered Species Coordinator, at (916) 978-5120.

IN RfPLY RFJEA T&.

From:

Subject:

Enclosure
General Information Regarding the Endangered Species Act

August 1992

~ertain lands within the areas to which Central Valley Project (CVP) water is

delivered, and other areas within the Central Valley may provide habitat for

and/or support endangered and threatened species listed under the Endangered

Species Act (ACT). To ensure protection of threatenediand endangered species,

Reclamation recommends that CVP water not be used to support any activities

which adversely affect these species. Examples of the types of activities

that may do so include tilling of native habitat and tilling of lands that

have been left fallow long enough to develop habitat that supports listed

species. Also included would be land use changes detrimental to endangered

and threatened species, such as conversion of agricultural or native land to

municipal or industrial uses.

The Act was enacted in 1973 to prevent the extinction of species and to

preserve the ecosystems on which they depend. The major provisions of the Act

applicable to land use activities involving CV? water .are contained in

Sections 7, 9, and 10 of the Act and are briefly explained as follows:

Section 7. Directs Federal agencies, including the Bureau of

Reclamation (Reclamation), “to further the purposes of the Act” through

conservation measures and to consult with the Fish and Wildlife Service

(FWS) or the National Marine Fisheries Service (NMFS) j/ to ensure that

any proposed actions taken by Reclamation do not jeopardize the

existence of threatened or endangered species or result in the

destruction or adverse modification of critical habitat of such species.

Actions are broadly defined as any discretionary act. The consultation

may result in a Biological Opinion that may require certain alternatives

or measures to be taken to avoid jeopardizing a species.

Section 9. Prohibits the “taking” of a listed fish or wildlife species.

“Take” is broadly defined and includes activities interfering with

normal life cycles of listed species. Federal agency compliance with

Section 7 can lead to authorization for an “incidental taken (described

below).

Section 10. Provides a mechanism to allow for incidental take by nonFederal entities. Under this section, the affecting entity must develop

an approved Habitat Conservation Plan (HGP) that addresses impacts to

listed species, the type and funding of mitigation measures, and the

alternatives evaluated. An HG? can apply to a single activity or to

local governments or other organizations to cover activities extending

over larger areas within habitat of a listed species.

1/ Under the Act, the NMFS has responsibility for marine species such as

salmon. The FWS has responsibility for all other listed species. We do not

envision that there will be much need to consult with NMFS on land use

changes, because it is unlikely that land use changes would affect marine

• species. Thus, for changes in land use and other activities that affect

terrestrial species, coordination and consultation would generally be with the

FWS.
3

For your information a general list of species known to occur in the Central

Valley whose ranges may have included portions of CV? water service areas

is provided below:

Threatened and endangered species known to occur in the Central Valley whose

present or historic range may include portions of CV? water service areas.

Scientific Name

Mammals

Giant kangaroo rat

Fresno kangaroo rat

Tipton kangaroo rat

San Joaquin kit fox

Dipodomv~ ingens

Dipodomys nitratoides exilis

Dipodomys nitratoides nitratoides

Vulpes macrotis mutica

American peregrine falcon

Bald eagle

Aleutian Canada goose

Least Bell’s vireo

Falco pere~rinus anatuni

Haliaeetus leucocephalus

Branta canadensis leucopareia

Vireo bellil pusillus

Reptiles

Blunt-nosed leopard lizard Cambelia silus

Fish

Winter-run chinook salmon Oncorhynchus tshawytscha

Invertebrates

Valley elderberry

longhorn beetle Desmocerus californicus dimorphus

Plants

Large-flowered fiddleneck

San Joaquin wooly- threads

Califoria jewelflower

Kern mallow

Palmate-bracted bird’s beak

Hoover’s wooly star

Bakersfield cactus

Anisinka ~randiflora

Lembertia congdonii

Caulanthus californicus

Eremalche kernensis

Cordylanthus palmatus

Eriastrum hooveri

Opuntia treleasei

j/ Areas are denoted as follows: CV - throughout Central Valley, D - Delta,

Common Name Ai~Ai/

Birds

SJV

SJV

SJV

SJV

CV

CV

CV

SJV

SJV

D/SV

CV

SJV

SJV

SJV

sJV

SJV

SJV

SJV

SJV - San Joaquin Valley, SV - Sacramento Valley