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<br /> <br />o <br />o <br />("-.') <br />.::::. <br />~ <br />~i <br /> <br />. <br /> <br />. <br /> <br />Program to provide actions for ESA compliance. In addition, federal agencies and/or project <br />sponsors may modifY their activities to avoid jeopardy, avoid adverse modification of critical <br />habitat, or minimize take, and by so doing, eliminate the need for actions by the Program to <br />provide ESA compliance, <br /> <br />6.1 Consultations on New and Existing Water Development and Water Management <br />Activities <br /> <br />A, For the purposes of the Program and section 7 consultations, it is assumed that: (1) the <br />Program will produce a list of actions defined in the LRP that can be implemented to recover <br />the species, (2) the funding will be available to implement the LRP, (3) participants will take <br />appropriate steps to implement those actions, and (4) actions will be implemented in <br />accordance with the schedule in the LRP, as periodically amended, <br /> <br />B. Actions and accomplishments under the Program, as defined in the LRP, are intended to aslist <br />in the recbverv of the sfJecies and provide the reasonable and prudent alternatives which ;;n;;; <br />water development and water management activities in the San Jua... R:;,CI Basin to avoid the <br />likelihood of jeopardy andl~ avoid destruction or adverse modification of critical habitat. <br />Program actions are also intended to provide the reasonable and prudent measures needed to <br />minimize take oflisted fish, <br /> <br />C. The Service will assess 11,(; ;"'pad. actiolh~ that require section 7 consultation and determine if <br />actions defmed in the LRP and completed by the Program have been sufficient for the Program <br />to serve as a reasonable and prudent alternative or measure, The Service will also consider <br />whether the probable success of the Program is compromised as a result of a specific ~ <br />depletion or the cumulative effect of depletio,ns, The Service will consider Program and non- <br />Program actions throughout the basin Basin in evaluating the sufficiency of those !;lroJiJ:;anJ <br />actions to serve as the reasonable and prudent alternative or measure, The Service will make <br />its assessment based on the best available scientific and commercial data as.: re:';~iri;db.,l!. the <br />!J&A, The Service will assess the sufficiency of Program actions in proportion to the potential <br />impacts of a proposed federal action, That is, the smaller the impact of a federal action, the <br />lower the level of actions by the Program or others needed to avoid jeopardy and/or <br />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 />I, 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 <br />