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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 7 of 13 <br /> <br />minimize take, taking into account the sufficient progress determination described above, <br />where appropriate, <br /> <br />The measures are nondiscretionary, and must be undertaken so that they become binding <br />conditions of any Federal discretionary activity, for the exemption in section 7(0)(2) to <br />apply. The lead Federal agency has a continuing duty to regulate the activity covered by <br />an incidental take statement included in a biological opinion. If the lead Federal agency <br />(I) fails to assume and implement the terms and conditions or (2) fails to retain oversight <br />to ensure compliance with the terms and conditions, the protective coverage of section <br />7(0)(2) may lapse, <br /> <br />The reasonable and prudent measures, with their implementing terms and conditions, are <br />designed to minimize incidental take that might otherwise result from the proposed <br />action. Incidental take statements exempt action agencies and sponsors from the Act's <br />section 9 prohibitions so long as they are in compliance with the reasonable and prudent <br />measures and the implementing terms and conditions. As stated in 50 CFR 402.14(i)(2) <br />these "reasonable and prudent measures along with the terms and conditions that <br />implement them, cannot alter the basic design, location, scope, duration, or timing of the <br />action and may involve only minor changes." <br /> <br />7.0 Section 7 Consultations <br /> <br />The Recovery Program is intended to identifY and implement actions that provide <br />compliance with the Endangered Species Act for water development and management <br />activities in the San Juan Basin. The manner in which that is accomplished is described <br />below. <br /> <br />It is recognized that sponsors may wish to carry out actions that provide ESA compliance <br />for their activities independently of the Program, and not rely on the Program to provide <br />actions for ESA compliance. In addition, sponsors may modifY their activities so as to <br />eliminate jeopardy, adverse modification of critical habitat, or to minimize take, and by <br />so doing, eliminate the need for actions by the Program to provide ESA compliance. <br /> <br />7.1 Consultations on New and Existing Water Development and Management Activities <br /> <br />I. For the purposes of the Program and Section 7 consultations, it is assumed that (I) <br />the Program will produce a list of actions defined in the Long Range Plan (LRP) that <br />can be implemented to recover the species (2) the funding will be available to <br />implement the long range plan, (3) participants will take appropriate steps to <br />implement those actions; and (4) actions will be implemented in accordance with the <br />schedule in the LRP, as periodically amended. <br /> <br />2. Actions and accomplishments under the Program as defined in the LRP are <br />intended to provide the reasonable and prudent altematives which allow water <br />