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<br />UUIO~U <br /> <br />e <br /> <br />e <br /> <br />a. critical deadlines for specified recovery actions are missed; <br />b. specified recovery actions are determined to be infeasible; and/or <br />c. significant new information about the needs or population status of the flShes becomes <br />available. <br /> <br />The Service will notify the Coordination Committee when such a situation is foreseeable or <br />actually occurs. If the Coordination Committee becomes aware of such a situation before <br />the Service, they will notify the Service. The Coordination Committee will work with the <br />Service to evaluate the situation and develop the most appropriate response to restore the <br />Program as a reasonable and prudent alternative or measure, such as adjusting the LRP so <br />the action can be achieved, developing a supplemental recovery action for incorporation <br />into the LRP, shortening the time frame on other recovery actions, etc. The determination <br />of the amount and extent of impact to a species and/or critical habitat is strictly a Service <br />responsibility. <br /> <br />If the Program can no longer serve as a reasonable and prudent alternative or measure, the <br />Service will develop a reasonable and prudent alternative or measure, if available, with the <br />federal action agency(ies) and the project sponsor. In this situation, the reasonable and <br />prudent alternative or measure will be consistent with the intended purpose of the action, <br />within the federal agency's legal authority and jurisdiction to implement, and will be <br />economically and technologically feasible. <br /> <br />3. If the identified action is subsequently modified in a manner that causes an effect to the <br />listed stJecies or critical habitat that was not considered in the biological opinion. If an <br />activity is modified in such a manner so as to require reinitiation of consultation, the <br />Service will identify additional or different action items from the LRP to seIVe as <br />reasonable and prudent alternatives or measures for the activity where possible. <br /> <br />4. If a new species is listed or critical habitat designated that may be affected by the identified <br />action. The Service will make recommendations to the Coordination Committee for <br />amendments to the Program and LRP to avoid the likelihood of jeopardy and/or <br />destruction or adverse modification of critical habitat, or to minimize take for any new fish <br />species listed as threatened or endangered. The Program participants will then decide <br />whether to make the amendments. If the amendments are made, the SeIVice will use the <br />amended LRP action items as reasonable and prudent alternatives or measures. If the <br />Program cannot be amended, then consultation will be reinitiated and reasonable and <br />prudent alternatives or measures will be developed with the federal action agency(ies) and <br />project sponsors. <br /> <br />E. All biological opinions issued will contain language requesting the applicable federal <br />agency(ies) to retain discretion to reinitiate consultation should reinitiation become necessary. <br /> <br />8 <br />