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<br />uJ15G9 <br /> <br />. <br /> <br />. <br /> <br />or measure. The Service will also consider whether the probable success of the Program is <br />compromised as a result of a specific water depletion or the cumulative effect of depletions. <br />The Service will consider Program and non-Program actions throughout the Basin in <br />evaluating the sufficiency of the Program to serve as a reasonable and prudent alternative or <br />measure. The Service will make its assessment based on the best available scientific and <br />commercial data as required by the ESA. The Service will assess the sufficiency of Program <br />actions in proportion to the potential impacts of a proposed federal action. That is, the smaller <br />the impact of a federal action, the lower the level of actions by the Program or others needed <br />to avoid jeopardy and/or destruction or adverse modification of critical habitat. <br /> <br />The Service will determine whether progress by the Program is sufficient to provide a <br />reasonable and prudent alternative or measure based on the following factors: <br /> <br />1. Actions that will result in a measurable positive population response, a measurable <br />improvement in habitat for the fishes, legal protection of flows needed for recovery, or a <br />reduction in the threat of immediate extinction. <br /> <br />2. Status of fish populations. <br /> <br />3. Adequacy of flows. <br /> <br />4. Magnitude ofthe impact oftje activity (including, but not limited to, contaminant and fish <br />migration impacts). <br /> <br />D. If the Service finds during a Section 7 consultation that Program and non-Program <br />accomplishments are sufficient as defined under C above, the biological opinions will identify <br />the actions and accomplishments of the Program that support the Program serving as a <br />reasonable and prudent alternative or measure. <br /> <br />E. If the Service finds that progress of the Program is not sufficient at the time of the <br />consultation, biological opinions in the Basin will be written to identify which action(s) in the <br />LRP must be completed to provide the reasonable and prudent alternative or minimize take. <br /> <br />1. For existing activities, these actions will serve as the reasonable and prudent alternative or <br />measure if they are completed according to the schedule identified in the LRP, as <br />amended. <br /> <br />2. For new activities, these actions will serve as a reasonable and prudent alternative or <br />measure so long as they are completed before the impact from the activity occurs. <br /> <br />F. The Service may conclude that some action not listed in the LRP is necessary to serve as a <br />reasonable and prudent alternative or to minimize take for an activity under consultation. If <br />this occurs, the Service will notify the Coordination Committee in writing, identify the <br />additional action needed, and provide Committee members an opportunity to review the <br /> <br />4 <br />