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<br />e <br /> <br />e <br /> <br />00151.7 <br /> <br />G. The Service will work with the federal action agency(ies) and project sponsors during <br />consultation to attempt to identifY mutually agreeable opportunities to minimize impacts. It is <br />also recognized that: (I) it is the responsibility of the federal action agency(ies) to make the <br />fmal determination of the definition of the activity brought to consultation, and (2) it is the <br />Service's responsibility to make the determination as to whether jeopardy to any species and/or <br />destruction or adverse modification of critical habitat will occur and to identifY reasonable and <br />prudent alternatives and measures for the activity. <br /> <br />H. The Service has ultimate authority and responsibility for determining whether the Program has <br />provided or can provide a reasonable and prudent alternative or measure. Final authority over <br />what constitutes a reasonable and prudent alternative lies with Service. It is recognized that <br />the Service retains the authority for determining section 7 compliance under the ESA. <br /> <br />I. Section 7(a)(I) of the ESA directs federal agencies to utilize their authorities to further the <br />purposes of the ESA by carrying out conservation programs for the benefIt of listed species. <br />Conservation recommendations provided by the Service in a biological opinion are <br />discretionary agency activities to further minimize or avoid adverse effects of a proposed <br />action on listed species or critical habitat, to help implement recovery plans, or to develop <br />information. The Program may be used to fulfill conservation recommendations provided by <br />the Service to a federal action agency. However, compliance with section 7(a)(I) is the <br />responsibility of federal agencies. <br /> <br />J. The Program will be responsible for monitoring implementation of all Program actions, <br />including those Program actions identified as reasonable and prudent alternatives and measures <br />in biological opinions, and reporting results to the Service on an annual basis. <br /> <br />5.2 Service Review and Assessment of Program <br /> <br />Revisions to the LRP, including insertion of actions needed to achieve recovery, will normally <br />occur in the annual review and update of the LRP, and all parties to the Program, including the <br />Service, will make recommendations to update the LRP. If the Service concludes, at any time and <br />independent of any consultation, that the Program is not implementing actions on schedule, and <br />that this may impact the ability of the Program to provide reasonable and prudent alternatives or <br />measures, the Service will provide a written assessment to the Coordination Committee. The <br />assessment will include the Service's recommendations for corrective actions. The Coordination <br />Committee, in cooperation with the Biology Committee, will have an opportunity to modify <br />timing, funding, and/or priorities in the LRP to ensure that the Service can rely on the Program to <br />provide reasonable and prudent alternatives and measures. <br /> <br />6.0 Minor Depletion Allowance <br /> <br />In 1992, the Service instituted a minor depletions account. Between March, 1992 and December, <br />1998, the Service consulted individually on approximately 58 proposed "minor depletions" that <br />ranged in quantity from 0.02 acre-feet/year (AF/yr) to 500 AF/yr, lasting from a few weeks to <br /> <br />5 <br />