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<br />JJ1573 <br /> <br />. <br /> <br />. <br /> <br />7.0 Reinitiation of Consultation <br /> <br />A. This section describes the process of reinitiation of consultation on water development and <br />water management activities for which the Program is providing the reasonable and prudent <br />alternative or measure. <br /> <br />B. As provided in 50 CFR 402.16, reinitiation of consultation is required where discretionary <br />federal agency involvement or control over the action has been retained (or is authorized by law) <br />and one of the following occur: <br /> <br />I. The amount or extent of taking specified in the incidental take statement is exceeded. <br /> <br />2. New information reveals effects of the action that may affect listed species or critical <br />habitat in a manner or to an extent not previously considered. <br /> <br />3. The identified action is subsequently modified in a manner that causes an effect to the <br />listed species or critical habitat that was not considered in the biological opinion. <br /> <br />4. A new species is listed or critical habitat designated that may be affected by the identified <br />action. <br /> <br />C. If it is determined that reinitiation of consultation may be necessary, the Service will provide <br />such information to the Coordination Committee. Program participants will attempt to identifY <br />actions that can be implemented to ensure that, in the reinitiated consultation, the Program <br />continues to serve as the reasonable and prudent alternative and measure. If the Program cannot <br />implement actions to serve as the reasonable and prudent alternative and measure, the federal <br />action agency(ies) and/or project sponsor will work with the Service independently of the <br />Program to resolve ESA issues. Compliance with the ESA is ultimately the responsibility ofthe <br />federal action agency(ies). <br /> <br />D. If reinitiation is necessary, the following courses of action will be taken, so long as they do not <br />slow or delay reinitiation of consultation: <br /> <br />1. If the amount or extent of taking specified in the incidental take statement is exceeded <br />The assessment and determination of whether incidental take has been exceeded is a <br />matter of review and discussion between the action agency(ies) and the Service. If <br />additional reasonable and prudent alternatives or measures are needed, the Service will <br />identifY the actions needed, and provide the Program with the opportunity to incorporate <br />those actions into the LRP and implement those actions. <br /> <br />2. If new information reveals effects of the action that mav affect listed species or critical <br />habitat in a manner or to an extent not previouslv considered. In certain situations, <br />recovery actions in the LRP that were utilized as a reasonable and prudent alternative or <br /> <br />8 <br />