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A I. ] i n D r 1 ~ . J '~ i I U .~ ]~ U r" " j n ,~ II ri "I I j , 'r 1 \ . , L_,' Ii I) 001457 35 Changes in circumstances regarding project design or species status may also prompt reinitiation of consultation for federal projects that have previously undergone section 7 consultation and where there is still federal control or involvement. Specifically, 50 CFR 402.16 requires reinitiation of formal consultation if: (1) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may impact listed species or critical habitat in a manner or to an extent not considered in a biological opinion; (3) th~ agency action is subsequently modified in a manner that causes an effect to the listed species not considered in the biological opinion issued for the action; or (4) a new species is listed or critical habitat designated that may be affected by the action. As stated in the MOU (Appendix A), "It is anticipated that Section 7 consultations will be initiated for all existing federal actions within the baseline for the ALP that are subject to consultation. The Service concluded that the reasonable and prudent alternative will offset 57,100 acre-feet of depletion for the ALP in addition to the depletions in the baseline. The operation of Navajo Dam to benefit the listed fish will be taken into account by the Service in its biological opinions on the depletion impact of these existing federal actions." When requested, the Service will consult with a federal agency which is not a Participant in this Implementation Program. During such consultations, the Service will not consider any reasonable and prudent alternative which is based on progress as a result of this Implementation Program, without discussions with the Coordination Committee. 4.2 PROCESS OF COMPLIANCE 4.2.1 Sufficient Progress During and after the 7 year research period (as described in the ALP biological opinion) on the San Juan River and its tributaries, significant new information will be available on the listed fish. Also certain recovery actions will have been implemented to benefit the listed fish. Such information and actions will constitute progress under the Implementation Program and will be considered by the service in determining whether progress has been sufficient ,to offset impacts of future federal actions which are likely to jeopardize the listed fish. The Service will determine if sufficient progress has been made under this Implementation Program based on the best available biological data and professional judgement. The Service will assess progress toward recovery in proportion to the potential jeopardy impacts of a proposed federal action. That is, the