Laserfiche WebLink
Page 9 <br />CONSERVATION RECOMMENDATIONS <br />Section 7(a) (1) of ESA directs federal agencies to utilize their authorities to further the <br />purposes of ESA by carrying out conservation programs for the benefit of endangered and <br />threatened species. Conservation recommendations are discretionary agency activities to <br />minimize or avoid adverse effects of an action on listed species or critical habitat, to help <br />implement recovery plans, or to develop information. Conservation recommendations are <br />provided in the PBO (pages 328 -329) and are hereby incorporated by reference. <br />REINITIATION AND CLOSING STATEMENT <br />Any person or entity undertaking a water - related activity that receives federal funding or a <br />federal authorization and which relies on the PRRIP as a component of its ESA compliance in <br />section 7 consultation must agree: (1) to the inclusion in its federal funding or authorization <br />documents of reopening authority, including reopening authority to accommodate reinitiation <br />upon the circumstances described in Section W.E. of the Program document, which addresses <br />program termination; and (2) to request appropriate amendments from the federal action <br />agency as needed to conform its funding or authorization to any PRRIP adjustments <br />negotiated among the three states and the Department of the Interior, including specifically <br />new requirements, if any, at the end of the first PRRIP increment and any subsequent PRRIP <br />increments. The Service believes that the PRRIP should not provide ESA compliance for any <br />water - related activity for which the funding or authorization document does not conform to <br />any PRRIP adjustments (Program Document, section VI). <br />Reinitiation of consultation over the Smelter Pipeline Reservoir Project will not be required at <br />the end of the first 13 -years of the PRRIP provided a subsequent Program increment or first <br />increment Program extension is adopted pursuant to appropriate ESA and NEPA compliance <br />procedures, and, for a subsequent increment, the effects of the Project are covered under a <br />Tier 1 PBO for that increment addressing continued operation of previously consulted -on <br />water- related activities. <br />This concludes formal consultation on the actions outlined in the October 5, 2011, request <br />from the Corps. As provided in 50 CFR § 402.16, reinitiation of formal consultation is <br />required where discretionary federal agency involvement or control over the action has been <br />retained (or is authorized by law) and if. 1) the amount or extent of incidental take is <br />exceeded; 2) new information reveals effects of the agency action that may affect listed <br />species or critical habitat in a manner or to an extent not considered in this opinion; 3) the <br />agency action is subsequently modified in a manner that causes an effect to the listed species <br />or critical habitat not considered in this opinion; or 4) a new species is listed or critical habitat <br />designated that may be affected by the action. In instances where the amount or extent of <br />incidental take is exceeded, the specific action(s) causing such take shall be subject to <br />reinitiation expeditiously. <br />