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<br /> <br />o <br />,:::.'} <br />c., <br /> <br />~ <br />..~, <br />o <br /> <br />. <br /> <br />. <br /> <br />B. For new projects, these actions will serve as a reasonable and prudent alternative so <br />long as they are completed before the impact of the project occurs. <br /> <br />6. The Service may conclude that some action not listed in the L.P. is necessary to recovery or <br />to serve as a reasonable and prudent alternative for a project under consultation. Such action <br />must be scientifically justified based on research results. If this occurs, the Service will <br />promptly notify the Coordination Committee in writing, identifY the additional action needed <br />for recovery or to provide the reasonable and prudent alternative, and provide Committee <br />members an opportunity to review the action, and incorporate the action into the L.P.. If the <br />reasonable and prudent alternative is not incorporated into the L.P. by the Coordination <br />Committee, the Service will work with the federal agency and project proponent in complying <br />with Section 7. Incorporation of new actions into the L.P. under this paragraph is expected to <br />be a rare event. Revisions to the L.P., including insertion of actions needed to achieve <br />recovery, will occur in the annual review and update of the L.P., and all parties to the RIP, <br />including the Service, will make recommendations <br /> <br />7. The Service will work with project proponents to attempt to identify mutually agreeable <br />opportunities to minimize project impacts. It is also recognized that 1) it is the responsibility of <br />the project sponsor to make the final determination of the scope of the project subject brought <br />to consultation, and 2) it is the Service's responsibility to identify reasonable and prudent <br />alternatives for the project. <br /> <br />8. The Service has ultimate authority and responsibility for determining whether the RIP has <br />provided or can provide a reasonable and prudent alternative. <br /> <br />9. The RIP will be responsible for monitoring implementation of all Program actions, <br />including those identified as reasonable and prudent alternatives in biological opinions, and <br />reporting results on an annual basis to the Service. <br /> <br />10. Certain situations may result in the Service determining that the recovery actions in the <br />long range plan incorporated into previously rendered biological opinions are no longer <br />serving as a reasonable and prudent alternative. These situations may include, but are not <br />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 <br />becomes available. <br /> <br />The Service will notify the Coordination Committee when a situation may result in the RIP not <br />serving as a reasonable and prudent alternative. The Coordination Committee will work with <br />the Service to evaluate the situation and develop the most appropriate response to restore the <br />RIP as a reasonable and prudent alternative (such as adjusting the L.P. so the action can be <br />achieved, developing a supplemental recovery action for incorporation into the L.P., <br />shortening the time frame on other recovery actions, etc.). <br /> <br />5 <br />