over time. Using the EPA model of dissolved oxygen conditions in 2000 in the 
bottom layer of habitat that was rated “tolerate” (see above) the following conditions 
were observed: 
23 
Designated Use 
Percent of area failing to meet 5mg liter 1 monthly 
averaqe 2004-2009 (see U.S. EPA 2003c) 
Open Water 
9.2 
Deep Water 
47.3 
Deep Channel 
78.3 
Each year in the summer months, no more than the above percentages of the partic¬ 
ular designated use areas were expected to fail to meet a 5 mg liter 1 monthly 
average dissolved oxygen level between 2004 and 2009. The extent of take would be 
limited to those percentages of each designated use area in the Bay. As such, for the 
period 2004 through 2009, NOAA Fisheries would consider take to have been 
exceeded when upon review of the annual monitoring data, NOAA Fisheries was 
able to determine that for the preceding summer, the dissolved oxygen data for any 
30 days during the June 1-September 30 time frame indicate that any of the desig¬ 
nated use area failed to meet the above goals. 
EXTENT OF TAKE IN 2010 AND BEYOND 
Using the EPA model, the extent of take anticipated in 2010 and beyond can be 
determined. Using the EPA model of dissolved oxygen conditions anticipated 
when the 2010 nutrient and sediment reduction goals were met and using the bottom 
layer of habitat that is rated “tolerate” (see above) the following conditions were 
anticipated: 
Designated Use 
Percent of area failing to meet 5mg liter 1 monthly 
average 2010 and beyond (see U.S. EPA 2003c) 
Open Water 
5.7 
Deep Water 
33.0 
Deep Channel 
65.9 
As conditions were expected to be improving over time, no more than the above 
percentages of the particular habitats were expected to fail to meet a 5mg liter 1 
monthly average dissolved oxygen level in 2010 and beyond. As such, for the period 
of 2010 and beyond, NOAA Fisheries will consider take to have been exceeded 
when upon review of the annual monitoring data, NOAA Fisheries was able to deter¬ 
mine that for the preceding summer, the dissolved oxygen data for any 30 days 
during the June 1-September 30 time frame indicate that any of the designated use 
area failed to meet the above goals. 
REASONABLE AND PRUDENT MEASURES 
Reasonable and prudent measures are those measures necessary and appropriate to 
minimize incidental take of a listed species. For this particular action, however, it is 
chapter iv 
Key Findings Published in the NOAA ESA Shortnose Sturgeon Biological Opinion 
