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<br />MAY-01-98 FRI 04:27 PM CO RIVER RECOVERY <br /> <br />FAX NO. 3032365262 <br /> <br />p, 10/11 <br /> <br />. <br /> <br />individual projects and the cause for the decline was nonnative fish or some other <br />nonflow related reason, the Recovery Program would havc the responsibility for <br />providing RP As, not individual project proponents_ New information may also include <br />lack of performance on completing RP A elements within spccified time frnmes, A <br />review of time table compliance will occur in 2001, and every two years thereafter. The <br />time table established by thc Program includes modifications that may be made to <br />Recovcry Action Plan schedule by the Rccovel")' Program. <br /> <br />c) In the cvent ofthc listing ofa new species or the dcsignation of new or additional <br />critical habitat, reinitiation of this progrmnmatic biological opinion will occur if it is <br />detcrmined that the level or pattern of depletions may affect species or critical habitat. If <br />current flows for thc fish meet the needs of the newly listed spccies and/or-critical habitat, <br />thc implementation oflhc existing or amended RlPRAP will provide mcasures sufficicnt <br />to avoid jeopardy or adverse modification, consultation will occur but no additional RP A' <br />s would be required, <br /> <br />. <br /> <br />Note (not part of RP A): The scenarios when reinitiation of the programmatic biological opinion <br />would likely occur: I) To expand the increment of depletion addressed in the biological opinion, <br />either because we have reached the end of an increment or the Service has determined a positivc <br />fish response and can therefore incrcase the amount, 2) Fish populations significantly decline and <br />the dccline is related to depiction impacts, and 3) RP A elements are not completed as scheduled <br />aru1 a. satisfactory rcsolution cannot be reached between the Service and water users. <br /> <br />If consultation on the programmatic biological opinion is reinitiated and issues associated with <br />its reopening cannot be resolved by the Service and the Program, then consultation with <br />individual projects with will be requestcd. As part of the recovcry agreemcnt, all project <br />sponsors and/or lead Fedcral agencies agree to participate in finding solutions during a reinitiated <br />consultation. The sequencc for reinitiation is as follows: 1) ncw projects (post-1995) with <br />category 2 depletions, 2) existing facilities (1995 or before) with category 2 depletions, and lastly <br />projects or portions thereof with category 1 depletions, <br /> <br />. <br /> <br />All biological opinions for Category 1 and Category 2 projects will contain language requesting <br />the Federal agency to retain a.uthority to reinitiatc consultation for depIction impacts, if !ll:eded. <br />Project sponsors relying on the programmatic biological opinion will also make such rcquest.~. <br />If consultation on Category 1 projects are reinitiated, the Service will simultaneously initiate <br />consultation on Category I projects that have not been consulled on, but which are subject to <br />consultation. Consultation on Category 1 depletion impacts will only be reinitiated after <br />reconsultation on Category 2 depletions have been completed and impacts fully mitigated to the <br />best of category 2 project's abilities. If the Service determines that consultation for Category 2 <br />depIctions must be reexamincd and additional reasonable and prudent alternatives or other <br />mcasures are required in ordcr to avoidjcopardy which would otherwise result from the <br />continuation of those depletions, and the Progr;un cannot be amcnded to provide additional <br />measurcs which are sufficient to avoid jeopardy which would otherwise result from depletion- <br /> <br />9 <br />