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<br />(':l <br />C) <br />c.) <br />,..... <br />('.:> <br />f...:l <br /> <br />. <br /> <br />3.2.5 Section 7 Consultation <br /> <br />Formal Section 7 consultation under 16 U.S.C. 1536 of the Endangered Species <br />Act is required for any federal action that "may affect" listed species. A <br />conference is required if a federal action is likely to jeopardize the <br />continued existence of any species proposed for listing as threatened or <br />endangered. The procedures and agency responsibilities under Section 7 <br />consultation must be followed for such federal actions in the Basin including <br />actions under the Program. <br /> <br />The Program must have made "sufficient progress" in order to offset potential <br />jeopardy impacts to the listed fish from any proposed federal action which is <br />under Section 7 consultation. The Service will determine if sufficient <br />progress has been made under the Program based on the best available <br />biological data and professional judgement. The Service will assess <br />sufficient progress in proportion to the potential jeopardy impacts of a <br />proposed federal action. That is, the smaller the impact of a federal action, <br />the lower the level of progress needed to offset the impacts. If progress <br />under the Program has not been sufficient, additional conservation measures <br />(measures) will be required from the federal agency or the project sponsor(s) <br />to offset impacts of the federal action which are likely to jeopardize listed <br />fish. <br /> <br />During and after the 7-year research period (See Section 3.2.3.1) on the San <br />Juan River and its tributaries, significant new information will be available <br />on the 1 i sted fi sh. Also, certai n recovery actions wi 11 have been implemented <br />to benefit the listed fish. Such information and actions will constitute <br />progress under the Program and will be considered by the Service in <br />determining whether progress has been sufficient to offset impacts of future <br />federal actions which are likely to jeopardize listed fish. <br /> <br />During the 7 year research period, additional federal actions resulting in <br />water depletions will be subject to Section 7 consultations. In rendering <br />biological opinions on federal actions resulting in minor depletions, the <br />Service will consider good faith implementation of the Program in determining <br /> <br />16 <br />