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<br />4, Magnitude of the impact of the activity (including, but not limited to, contaminant and fish
<br />migration impacts),
<br />
<br />D, If the Service fmds that completed Program and non-Program accomplishments are sufficient,
<br />biological opinions will identify the actions and accomplishments of the Program that support it
<br />the ProfJ]:am serving as a reasonable and prudent alternative or measure,
<br />
<br />E. If the Service finds that accomplishments of the Program are 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 />I, 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 wiIl 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, Sueh
<br />activll mtl~t bc ,d",ttifka:Uy (), Ic"ll1h"a:lly ju,tiK"d, If this occurs, the Service will notify the
<br />Coordination Committee in writing, identify the additional action needed, and provide
<br />Committee members an opportunity to review the action, and incorporate the action into the
<br />LRP, Coordination with the Coordindtlon Committee will not alter the time frame for
<br />consultation, Incorporation of new actions into the LRP under this paragraph is expected to
<br />be a rare event, If the reasonable and prudent alternative or measure is not incorporated into
<br />the LRP by the Coordination Committee, the Service will work with the federal agency and
<br />sponsor in cull,plY;"1;; to ensure comp,fiance with section 7,
<br />
<br />Q, The Service will work with the federal action agency(ies) and project sp(jnsors to attempt to
<br />identify mutually agreeable opportunities to minimize impacts dUl'inf! ,consultation, It is also
<br />recognized that: (I) it is the responsibility of the federal action agency(ies) to make the fmal
<br />determination of the definition ofthe activity brought to consultation, and (2) it is the Service's
<br />responsibility to make the determination as to whether jeopardy to any species and/or
<br />destruction or adverse modification of critical habitat will occur and to identify reasonable and
<br />prudent alternatives and measures for the activity,
<br />
<br />H, The Service has ultimate authority and responsibility for determining whether the Program has
<br />provided or can provide a reasonable and prudent alternative or measure, Final authority over
<br />what constitutes a reasonable and prudent alternative lies with Service a.llJ t1,,, fcdclal .."t1"1I
<br />.11;,-h".i (;"s ), It is recognized that the Service retains the authority for determining section 7
<br />compliance under the ESA.
<br />
<br />I. Section 7(a)(l) of the ESA directs federal agencies to utilize their authorities to further the
<br />purposes of the ESA by carrying out conservation programs for the benefit of cl,dal'I;;CICd a"d
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