MEMORANDUM OF UNDERSTANDING

among the

GEORGIA DEPARTMENT OF NATURAL RESOURCES

and the

NORTH CAROLINA WILDLIFE RESOURCES COMMISSION

and the

SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES

and the

GEORGIA POWER COMPANY

and the

'CAROLINA POWER & LIGHT COMPANY

and the

DUKE POWER COMPANY

and the

SOUTH CAROLINA ELECTRIC AND GAS COMPANY

and the

GEORGIA WILDLIFE FEDERATION

and the

U. S& GEOLOGICAL SURVEY (BIOLOGICAL RESOURCES DIVISION)

and the

U.S. FISH AND WILDLIFE SERVICE

and the

U. S. FOREST SERVICE

and the

U. S. ARMY CORPS OF ENGINEERS

and the

GEORGIA RIVER NETWORK

and the

SOUTH CAROLINA AQUARIUM

I. Authority

This Memorandum of Understanding (MOU) among the Georgia Department of Natural Resources, the

North Carolina Wildlife Resources Commission, the South Carolina Department of Natural Resources,

the Georgia Power Company, the Carolina Power & Light Company, the Duke Power Company, the

South Carolina Electric and Gas Company, the Georgia Wildlife Federation, the U. S. Geological Survey

(Biological Resources Division), the U.S. Fish and Wildlife Service, the U. S. Forest Service, the U. S.

Army Corps of Engineers, the Georgia River Network, and the South Carolina Aquarium is hereby

entered into under the authority of the Endangered Species Act of 1973 (16 U.S.C. 1531-1548), the Fish

and Wildlife Coordination Act (16 U.S.C. 661), the Fish and Wildlife Conservation Act of 1980 (16

U.S.C. 2912), and the Fish and Wildlife Act of 1956 (16 U.S.C., 742f (a) (4)). Collectively the parties

to this MOU will be referred to as the Committee or its members.

Final Document, Revised 10/01/01 by TAD

I.
II. Background and Objectives

The purpose of this MOU is to establish and describe a Robust Redhorse Conservation Committee actively

committed to the restoration of the species throughout its known range. The Committee will identify

priority conservation needs for the robust redhorse (Moxostoma robustum), previously considered a

Category 2 candidate for Federal listing, and its habitat and coordinate implementation of programs for

addressing those needs.

Historically, the robust redhorse inhabited Atlantic Slope drainages from the Pee Dee River system in North

Carolina to the Altamaha River system in Georgia. However, the species is presently known to exist only in

a relatively short reach of the Oconee River (Altamaha River system) below Sinclair Dam in central

Georgia. Impoundments, predation by introduced non-native species (primarily flathead catfish and blue

catfish), and general deterioration of habitat quality due to sedimentation and water pollution are believed to

have contributed to the decline of the species and are perceived as possible threats to the survival of the

Oconee River population.,

Due to the complex and diverse problems facing the robust redhorse, it is apparent that an inter-disciplinary

approach, using a broad spectrum of experience, expertise, and management authority, is necessary to

maintain and restore robust redhorse populations. In addition, it is essential that restoration efforts include a

process that works closely with the private sector as well as governmental agencies potentially impacted by

and interested in robust redhorse conservation.

III. Committee Membership, Structure, and Operations

The committee members agree that:

A. Membership on the Committee is open at any time to any agency or non-governmental organization

or individual interested in taking an active role in the conservation of the robust redhorse. Membership

becomes official at such time as the Memorandum of Understanding is signed by the head of the

agency/organization or a designee thereof;

B. Member agencies/organizations may designate no more than two officials (with alternates) to serve

as their representatives to the Committee, who shall attend scheduled meetings at their own agencies'

expense. Each member will inform the Committee, in writing, of the name and position of its.

representative(s) and alternate(s) or of any changes in same;

C. The Committee shall establish its own working rules, including a procedure for designating the

Chair. The position of the Committee Chair shall rotate every two years; and,

D. The Committee shall meet a minimum of once per year. Additional meetings may be scheduled as

agreed to by the Committee, to include meetings at field locations.

IV. Committee Responsibilities

The Committee members agree that the Committee will:

A. Develop and coordinate the implementation of a conservation program for the robust redhorse,

consisting of implementation of conservation measures that will focus on protection and management

of the remaining population of the robust redhorse, establishment of captive-breeding populations, and

reestablishment of the species within a significant portion of its historic range in Georgia, North

Carolina, and South Carolina;

Final Document, Revised 10/01/01 by TAD

2
B. Establish technical working groups in specific program areas to identify needs and develop

conservation options for consideration by the Committee;' a

C. Coordinate program implementation among natural resource agencies, the private sector and

conservation organizations through existing agreements or through establishment of new agreements,

within the limits of their respective authorities, policies, and budgets; and,

D. Evaluate program implementation and prepare an annual progress report.

V. Technical Working Groups

Technical working groups will be formed, as necessary, to determine needs for conservation actions,

research, information exchange, public education/outreach, etc. Technical working groups may, when

appropriate, work to plan, coordinate, implement and facilitate implementation of conservation actions

agreed to by the Committee and report periodically on progress to the Committee, within existing authority,

policy review, and budgets. Technical working groups may be formed and disbanded as needed, at the

discretion of the Committee.

VI. Cooperators

Any agency, non-governmental organization, or individual, not desiring formal representation on the

Committee, but interested in conservation of the robust redhorse may become a Cooperator upon

acceptance of a written request to the Committee Chair and may attend meetings of the Committee.

Cooperator agencies and organizations may designate one individual as a contact person, informing the

Committee Chair in writing of the selection and any changes in the same. A'Cooperator may withdraw

upon 30 days' written notice.

VII. Special Terms and Conditions:

This Memorandum of Understanding in no way restricts participants from involvement in similar activities

with other public and private agencies, organizations, and individuals.

This instrument is neither a fiscal nor a funds-obligation document. Nothing in this Memorandum of

Understanding shall be construed as obligating Committee members or Cooperators to expend funds or to

provide resources or be involved in any obligation for future payment of money or provision of resources.

Actions taken and fimds expended to implement this agreement are contingent upon appropriations,

priorities, and other constraints. Any endeavor involving reimbursement or contribution of funds among the

parties to this instrument will be handled in accordance with applicable laws and regulations. Such

endeavors will be outlined in separate agreements (contract, purchase order, grant, cooperative agreement,

etc,) that shall be made in writing by representatives of the parties involved and shall be independently

authorized by appropriate statutory authority..,

Modifications within the scope of this Memorandum of Understanding shall be made by formal consent of

the Committee members, by the issuance of a written modification, signed and dated by the Committee

members, prior to any changes becoming effective.

Any Committee member may terminate or withdraw membership at any time before the date of expiration

by providing 30 days' written notice to the Committee Chair. The Memorandum of Understanding remains

viable as long as at least two agencies/organizations remain Committee members.

This agreement expires on December 31, 2004, at which time it is subject to renewal, modification, or

termination,

Final Document, Revised 10/01/01 by TAD

3
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to the survival of the

robust redhorse cannot be resolved through this or another agreement, action will be iinitiated by the U.S.

Fish and Wildlife Service to list the robust redhorse under Section 4 provisions of the Endangered Species

Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of Understanding as

evidenced by their signatures on the day and year set forth below their signature. The Memorandum of

Understanding is effective upon the date of the second signature.

IX. Signature

Signature: Date:

Name/Title:

Agency/Organization: _____________________________________

Final Document, Revised 10/01/01 by TAD

4
:expiration by providing 30 days' written notice to the Committee Chair. The.Memorandum~of.;),CUnderstanding remains viable as long as at least two agencies/organizations remain Committee

members.

This agreement expires on December 31, 2004, at which time it is subject to renewal, modification, or

termination.

When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to the survival of the

robust redhorse cannot be resolved through this or another agreement, action will be initiated by the U.S.

Fish and Wildlife Service to list the robust redhorse under Section 4 provisions of the Endangered

Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of Understanding as -

evidenced by their signatures on the day and year set forth below their signature. The Memorandum of

Understanding is effective upon the date of the second signature.

IX. Signature

Signature: c1K Date: - o) 9),r'7 Name/Title: C. 6 < ' /2 L f( L ?CtzC

Agency/Organization: t n \A//kf

Final Document, Revised 02/21/01 by TAD

4
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to

the survival of the robust redhorse cannot be resolved through this or another

agreement, action will be initiated by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. The Memorandum of Understanding is effective upon the date of the

second signature.

IX. Signature

Signature: Date: 166/9?

Name/Title: Lonice C. Barrett, Commissioner

Agency/Organization: Georpia Denart-ment of Naralr~1 Reniirrpcq

Revised 10/8/99 by ASH

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to

the survival of the robust redhorse cannot be resolved through this or another

agreement, action will be initiated, by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. The Memorandum of Understanding is effective upon the date of the

second signature. . "

IX. Signature

Signature: Date:__ l____

Name/Title: <: L -A-/,iIC, 1 4 "-, , CV..1 ;

Agency/Organization: c- Pow' r 4 Z t r# o -1,/)A

Revised 10/8/99 by ASH

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to

the survival of the robust redhorse cannot be resolved through this or another

agreement, action will be initiated by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. The Memorandum of Understanding is effective upon the date of the

second signature'... .

IX. Signature

Signature:_q2L

Name/Title: Brigadier

Date: n 4 '.,6 41?~ ~

.General J. Richard Capka

Agency/Organization: U.S. Army Corps of Engineers

Revised 10/8/99 by ASH

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to

the survival of the robust redhorse cannot be resolved through this or another

agreement, action will be initiated by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. The Memorandum of Understanding is effective upon the date of the

second signature.

IX. Signature

Name/Title: / • - Z

Date: 11-.5-1,79

Agency/Organization: /,ý _ ,, .. , ,,

Revised 10/8/99 by ASH

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to

the survival of the robust redhorse cannot be resolved through this or another

agreement, action will be initiated by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. The Memorandum of Understanding is effective upon the date of the

second signature.

IX. Signature

Signature: Mr

Name/Title: & Al a

Date: /14

/ AL)~&1~~

Agency/Organization:

Revised 10/8/99 by ASH

r~~Cfh(A 4 e ~f~ nitl

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to

the survival of the robust redhorse cannot be resolved through this or another

agreement, action will be initiated by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties heretohave entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. The Memorandum of Understanding is effective upon the date of te

second signature.

IX. Signature

Signature: / --

Name/Title: / /g/2 "- 1 45Z Z//f d,•

Date:_ _•___

Agency/Organization: Uc. 5 ,/C/ij/#/ -esJ •.r v,'c two/e• = Oc,, /-5ý-( P~re5-

C0,, ,, 0Y,, ' Co/1 15'2'4 C7

0a L &ctts 4 (710 53 6-o,-1

Revised 10/8/99 by ASH

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to

the survival of the robust redhorse cannot be resolved through this or another

agreement, action will be initiated by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. The Memorandum of Understanding is effective upon the date of the

second signature.

IX. Signature

Signature:

Name/Titie: Cy , QAk-F1-ekt,44A t( /Cv 6 {

Date: ///1⁄2

Agency/Organization: - , (z--- /V o,_-/cr7 4--Q 

Revised 1018/99 by ASH

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to

the survival of the robust redhorse cannot be resolved through this or another

agreement, action will be initiated by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. The Memorandum of Understanding is effectiyve upon -the date of the

second signature.

IX. Signature

Signature: D

Name/Title: /0]!7//6•Vy / i {'v-". z

Ite:

Agency/Organization: M14 C" A16-7-'9,VAC

Revised 10/8/99 by ASH

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to

the survival of the robust redhorse cannot be resolved through this or another

agreement, action will be initiated by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. The Memorandum of Understanding is effective upon the date of the

second signature.

IX. Signature

Signature: Date://- /5

Name/Title: Chris M. Hobson. General Mananer FnvirnnmpnfA1

Affairs

Agency/Organization: Georgia Power Company

Revised 10/8/99 by ASH

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats to

the survival of the robust redhorse cannot be resolved through this or another

agreement, action will be initiated by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. The Memorandum of Understanding is effective upon the date of the

second signature.

IX. Signature

Signature: 7(L &fL- Date: 1/2q/cV

Name/Title: Suzette M. Kimball, Ph.D., Chief Biologist- Eastern Region

Department of Interior, U.S. Geological Survey Agency/Organization:

Revised 10/8/99 by ASH

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that

threats to the survival of the robust redhorse cannot be resolved through this or

another agreement, action will be initiated by the U.S. Fish and Wildlife

Service to list the robust redhorse under Section 4 provisions of the

Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this

Memorandum of Understanding as evidenced by their signatures on the day

and year-set forth below their signature. The Memorandum• of Understanding

is effective upon the date of the second signature.

IX. Signature

Signature: A./ <CIC~c4 Date: P1i20O0-

Name/Title:-1 _O•

Agency/Organization: /,{" [ _.

e"h ý

Revised 12/16/99 by ASH

5
When and if it becomes apparent to the U.S. Fish and Wildlife Service that threats-to.

the survival of the robust redhorse cannot be resolved through this or another

agrement, action will be initiated by the U.S. Fish and Wildlife Service to list the

robust redhorse under Section 4 provisions of the Endangered Species Act.

VIII. Effective Date

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of

Understanding as evidenced by their signatures on the day and year set forth below

their signature. ThIe Memorandum of Understanding is effective upon the date of the

second signa=r.

IX. Signature

Namrx itle: , -.

Date :4

Agency/Organizafion:

Rvid L0/8/99 by ASH

"~544<

5
When en<d i!it b ht sapla~vu3t t mmU.S h Fishand. mtWi!lcthe Ser.. i ce "ha ,"rat > to suvtzd

rophii~st rdi.r'ar n. b,-eta rensnh'td ibrnis th-ff or aother actuon wifi bX iiiated W. Ygreemt, the It.

'i.;h aitt \Vdrlife Serwy(:t) Zo hm Ethe robwust. rShos under>e n 4:provsior- of dtF*:r Iaitw'Qersd

V1 £f E.ctniv f Date

.iN*O. t?3 pa rties here.o tave. en.re inlo this MNoxoram.kum of Unde.stagh:i as

:Undur by a.t their i,• e sig-nturtsi e 4•.)C.. onthe ',the. tw.•v iati. and of , : set-: frih belxw. thei: siitha.t:e.." .Th" A.... )r.3" ".Yf tne sec.>..d .ie...naw.e:.

• • /. .... 21. --.--- " "'v& n..wa 

)-~~~~J<~ ........... _ ___ __

4 ". " ,.' ,. , L ,.

L Atct •Ih'

flin.a m',S.) M "1 "co.'d ! by. 

.4