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002476 in the 1995 opinion. The Service also recommended as conservation measures that Reclamation should develop a three-to-five year plan on desirable conditions for future test flows and negotiate permitting with the National Park Service and other managing agencies to facilitate the turn around time of future test flow requirements. If Reclamation and the other entities involved in the AMP are to make informed recommendations about operations, and ultimately get to Secretarial approved changes in operations, they need access to good science and to maintain close involvement with the Service because endangered species are currently the driving force in operations. If the changes don't result in benefit, or at least no further harm, to endangered fish, then they won't be implemented. It only makes sense to maintain a both formal and informal dialogue with the Service on experimental flows or other experimental activities affecting endangered species. WHEN IS RECONSULTATION ON THE BIOLOGICAL OPINION REQUIRED? WHAT IS RECLAMATION'S ROLE IN MAKING THAT DETERMINATION? Here is what the 1994 Biological Opinion says about reinitiating consultation: Reinitiation Notice of Formal Consultation Section 7 regulations outline four general conditions for reinitiating formal consultation: (a) if new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered, (b) the action is modified in a manner causing adverse effects to listed species or critical habitat not previously considered, (c) a new species is listed or critical habitat designated that may be affected by the action, or (d) the amount or extent of incidental take is exceeded. In this section, the Service should identify situations, if any, that meet one or all of these four conditions. For example, the Service may identify studies in progress whose results may cause a reassessment of the biological opinion, or proposed listings or critical habitat designations. The standard closing statement of the formal consultation package is as follows: This concludes formal consultation on the actions outlined in the (request/reinitiation request). As provided in 50 CFR ~402.l6, reinitiation of formal consultation is required where discretionary federal agency involvement or control over the action has been retained (or is authorized by law) and if: (I) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered in this opinion: or (4) a new species is listed or critical habitat designated that may be affected by the action. (A reinitiation based on a new species listing or critical habitat designation is treated as a new consultation, although data in the original opinion may be referenced when the action has not changed.) In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation. n Maintaining close involvement with the Service doesn't necessarily mean formal reconsultation, but it does suggest an ongoing dialogue, as mentioned earlier. ESA will be approached in the same manner as NEPA compliance, that is, ESA review is required for any proposed changes. Whether or not reconsultation and a revised, or new biological opinion is required for the proposed change, depends on how far any proposal deviates from the MLFF, or whether the proposed action would appear to have potentially significant effects to endangered species. That call is Reclamation's responsibility, as the action agency. We aren't free to proceed with implementation of all the common elements in the EIS/ROD without consideration for potential impacts on resources, particularly endangered species. Reclamation may also choose to formal input from 3 C-~ d ~.d,M~ J.