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<br /> <br />o <br />o <br /><:, <br />~;::. <br />~ <br />00 <br /> <br />. <br /> <br />. <br /> <br />The following guidelines will be used by the Service in conducting section 7 consultation on new <br />minor depletions under the September 21, 1999 biolordeal opinion: <br /> <br />I, A minor depletion is defined as a depletion of I 00 AF/yr or less, However, the Service may <br />use its discretion to allow larger depletions to be included in the minor depletion account <br />based on impacts to listed species and critical habitat. <br /> <br />2, In rendering biological opinions on federal actions resulting in minor depletions, the <br />Service will consider all new information concerning impacts and the status of the listed <br />species and their habitats, and good faith implementation of the Program in determining if <br />the Program can avoid the likelihood of jeopardy and/or destruction or adverse <br />modification or minimize impacts of any incidental take, <br /> <br />3, The Service will maintain a minor depletions account wherein the aggregate of all new <br />minor depletions allowed by the Service through section 7 consultation and under the <br />September 21,1999 opinion may result in a total annual depletion of not more than 3,000 <br />AF/yr, <br /> <br />4, The Service will review each proposed federal action for consideration under the <br />September 21, 1999 biolof!icalll':,,", depkt;"" opinion and utilize that biolof!ical opinion <br />to facilitate consultation so long as a proposed depletion fits within the 3,000 AFlyr ceiling <br />and does not compromise the purposes for which the minor depletion opinion was issued, <br /> <br />5, Once the 3,000 AF/yr limit is reached for new depletions under the September 21, 1999 <br />biolof!ical opinion, the Service will assess the effects of further minor depletions on listed <br />species and issue an opinion to cover further minor depletions, if appropriate, <br /> <br />6, Depletions that were in existence as of October 25,1991, the date of the Animas-La Plata <br />Project biological opinion, are included in the environmental baseline for that opinion and <br />will not be counted against any minor depletions account. The minor depletion accounts <br />are only for new depletions, ESA consultation may still be required for historic depletions <br />occurring prior to October 25, 1991, ifthose depletions have a federal nexus, <br /> <br />8.0 Reinitiation of Consultation <br /> <br />This section describes the process of reinitiation of consultation on water development and water <br />management activities for which the Program is providing the reasonable and prudent alternative <br />or measure, <br /> <br />As provided in 50 CFR 402,16, reinitiation of consultation is required where discretionary federal <br />agency involvement or control over the action has been retained (or is authorized by law) and one <br />of the following occur: <br /> <br />1, If lhe amount or extent of taking specified in the incidental take statement is exceeded, <br /> <br />7 <br />