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not possible to design reasonable and prudent measures that are necessary and 
appropriate to minimize take, because the best available science has demonstrated 
that the EPA criteria are the limit of feasibility based on current technology. The 
purpose of the reasonable and prudent measure below is to monitor environmental 
conditions in the Bay and to monitor the level of take associated with this action. In 
order to monitor the level of incidental take, monitoring of dissolved oxygen and 
accompanying temperature conditions in the Bay must be completed each summer. 
In order to be exempt from the prohibitions of section 9 of the ESA, the EPA must 
comply with the following terms and conditions, which implement the reasonable 
and prudent measure described above and outline the required reporting require¬ 
ments. These terms and conditions are non-discretionary. 
1. By April 1 of each year (beginning in 2005), EPA shall provide an annual report 
to NOAA Fisheries outlining the progress towards nutrient and sediment load 
reductions, including a discussion of any best management practices or other 
strategies put in place to achieve the target nutrient and sediment load reductions. 
2. EPA shall continue using the results of the Chesapeake Bay Interpolator to 
extrapolate measured data to assess water quality conditions in the Bay. The 
Chesapeake Bay Interpolator extrapolates water quality concentrations 
throughout the Chesapeake Bay and/or tributary rivers from water quality meas¬ 
ured at point locations. The purpose of the Interpolator is to assess water quality 
concentrations at all locations in the 3-dimensional water volume or as a 2- 
dimensional layer. The results from the Interpolator will be used by EPA to 
develop an annual report (see below). 
3. By April 1 of each year (beginning in 2005), EPA shall provide an annual report 
to NOAA Fisheries on water quality conditions in the Bay, including tempera¬ 
ture, dissolved oxygen, depth and salinity. The data provided will express actual 
monitoring data in volumetric figures (cubic kilometers) as well as bottom 
habitat area (squared kilometers) extrapolated from the Chesapeake Bay Inter¬ 
polator. This report should include information on the percent of each designated 
use that failed to meet the 5mg liter -1 monthly average for June, July, August and 
September of the preceding year. 
By April 30, 2010, EPA shall submit a report to NOAA Fisheries assessing the 
dissolved oxygen condition in the Bay which highlights the dissolved oxygen condi¬ 
tions in the Bay during the June 1-September 30 time frame for each of the years 
2004 through 2009. In this report, EPA will determine the percent of each designated 
use that failed to attain a 5mg liter -1 monthly average. Included in this report will be 
an analysis of the likely causes of failures (i.e., weather events, point sources). 
LITERATURE CITED 
NOAA National Marine Fisheries Service. 2004. National Marine Fisheries Ser\'ice Endan¬ 
gered Species Act Biological Opinion—Ambient Water Quality 1 Criteria for Dissolved 
chapter iv 
Key Findings Published in the NOAA ESA Shortnose Sturgeon Biological Opinion 
