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<br />. <br /> <br />. <br /> <br />o <br /><:) 2, If !iew 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 />M::a <br />W 3, If lhe 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, If It ,L.new species is listed or critical habitat designated that may be affected by the <br />identified action, <br /> <br />If it is determined that reinitiation of consultation may be necessary, the Service will provide such <br />information to the Coordination Committee, Program participants will attempt to identifY actions <br />that can be implemented to ensure that, in the subsequent consultation, the Program continues to <br />serve as the reasonable and prudent alternative and measure, If the Program cannot implement <br />actions to serve as the reasonable and prudent alternative and measure, the federal action <br />agency(ies) and/or project sponsor wilI work with the Service independently of the Program to <br />resolve ESA issues, Compliance with the ESA isultiina:telithe reslldnsibiliv('offue'federa:1 aptiWI <br />agencx(ies), <br /> <br />If reinitiation is necessary, the folIowing courses of action will be taken, so long as they do not <br />slow or delay reinitiation of consultation: <br /> <br />I, If the amount or extent of takin!?: s\>ecified in the incidental take statement is exceeded. <br />The assessment and determination of whether incidental take has been exceeded is a matter <br />of review and discussion between the action agency(ies) and the Service, If additional <br />reasonable and prudent alternatives or measures are needed, the Service will identifY the <br />actions needed, and provide the Program with the opportunity to incorporate those actions <br />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 />measure may no longer be effective or appropriate, These situations may include, but are <br />not limited to: <br /> <br />a, critical deadlines for specified recovery actions are missed; <br />b, specified recovery actions are determined to be infeasible; and/or <br />c, significant new information about the needs or population status of the fishes becomes <br />available, <br /> <br />The Service wilI notify the Coordination Committee when such a situation is foreseeable or <br />actualIyoccurs, JftlJ"J::'QQ.>:.4ilJ~tip.11_9.qlJ1m!tte'@. bec'ome8 awaf'e of'$uc'li f.lsitua~loiJ before <br />the Service, the)!.. will notifX the Service,. The Coordination Committee wilI work with the <br />Service to evaluate the situation and develop the most appropriate response to restore the <br />Program as a reasonable and prudent alternative or measure, such as adjusting the LRP so <br />the action can be achieved, developing a supplemental recovery action for incorporation <br /> <br />8 <br />