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<br />e <br /> <br />e <br /> <br />e <br /> <br />Agenda item 23i <br />January 26-27, 2000 Board Meeting <br />Page 11 of13 <br /> <br />9.0 Reinitiation of Consultations <br /> <br />This section describes the process of reinitiation of consultation on water development <br />and management activities for which the Program is providing the reasonable and prudent <br />alternative or measure. <br /> <br />As provided in 50 CFR 402.16, reinitiation of consultation is required where <br />discretionary Federal agency involvement or control over the action has been retained (or <br />is authorized by law) and one of the following occur: <br /> <br />a) The amount or extent of take specified in the incidental take statement III a <br />biological opinion is exceeded. <br /> <br />b) New information reveals effects of the action that may affect listed species or <br />critical habitat in a manner or to an extent not considered in the biological opinion, <br /> <br />c) An activity (identified action) is subsequently modified in a manner that causes an <br />effect to a listed species or critical habitat that was not considered in the biological <br />Optillon. <br /> <br />d) The Service lists new species or designates new or additional critical habitat that <br />may be affected by the identified action. <br /> <br />If it is determined that reinitiation of consultation may be necessary, the Service will <br />provide such information to the Coordination Committee. Program participants will <br />attempt to identify actions that can be implemented to avoid the need to reinitiate <br />consultation. If the Program cannot implement actions to avoid reinitiation, sponsors may <br />choose to implement actions to avoid reinitiation independently of the Program. <br /> <br />If reinitiation is necessary, the following courses of action will be taken: <br /> <br />a) The amount or extent of take specified in the incidental take statement in a <br />biological opinion is exceeded. If additional reasonable and prudent measures are <br />needed, the Service will identify the actions needed, and provide the Program with <br />the opportunity to incorporate those actions into the long-range plan and implement <br />those actions. <br /> <br />b) New information reveals effects of the action that mav affect listed soecies or <br />critical habitat in a manner or to an extent not considered in the biological opinion. In <br />certain situations, recovery actions in the LRP that were utilized as a reasonable and <br />prudent altemative or reasonable and prudent measure may no longer be effective or <br />appropriate. These situations may include, but are not limited to: <br />