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<br />PART I II <br />SECTION 7 COMPONENTS <br /> <br />Sectlon 7 can protect agalnst further endangerment whl1e the recovery <br />effort actlvely works to improve condltlons for the specles. Project <br />mltlgatlon can also be meshed wlth the recovery efforts to maximlze <br />mltlgatlon effectlveness. The dlfference between Sectlon 7 and recovery <br />responslbl1ltles should be clearly recognlzed In any dlscusslon of the <br />Section 7 process. <br /> <br />Because much remalns to be learned about the species and the <br />effectiveness of mltlgation measures, Section 7 declsions wl11 have to be <br />made uslng the "best sclentHlc and commercial data available" as called <br />for In the statute. An ongolng research program contlnues to lmprove our <br />lnformatlon about the flsh. <br /> <br />The Sectlon 7 process should address the fact that the list of <br />completed consultatlons on unbul1t projects represents substantial <br />potentlal depletlons. Thls has created a high level of uncertalnty In <br />predlctlng future flow condItions slnce lt lshard to ascertaln which <br />projects will actually be built. Nevertheless, these projects affect <br />declslons made on new projects In the Sectlon 7 process. <br /> <br />The concept of dlllgence ls used In many other contexts to insure <br />good falth of the appllcant In developlng a project and may be <br />approprlate In the Sectlon 7 process. Diligence could be enforced by <br />lssulng Sectlon 7's whIch expire after a perIod of years; requlre renewal <br />and revlew perlodlcally; or whlch demand use wlthln a flxed development <br />perIod. <br /> <br />Alternatlvely. the recovery plan could lncorporate and assume <br />predetermlned levels of future depletlons. As future depletions are <br />proposed, they may then be counted against the recovery plan and the <br />developer charged for some portion of the recovery effort. Thls allows <br />for a slngle, focused effort on endangered flsh and provldes a means for <br />developer dollars to contrlbute to recovery. Thls approach, however, may <br />blurr the dlstlnctlon between recovery and Sectlon 7 obligatlons. <br /> <br />Keeplng these concepts In mlnd, the remalnder of thls Part ldentHies <br />"reasonable and prudent alternatlves" which could be included In the <br />Sectlon 7 process. A brlef summary of the effectlveness, tlmlng, <br />funding, and sponsorshlp of these components ls provlded. <br /> <br />A. Flsh Passaqe Facllitles <br /> <br />1. Effectlveness - See Part II, Section F. <br /> <br />2. Water impacts - Acquisltlon of water rlghts for any passage <br />facl1lty would need to be bullt into the project. <br /> <br />- 14 - <br />