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c, C) ~, '.-) -, . ~ o 35 Changes in circumstances regarding project design or species status may also prompt reinitiation of consultation for federal projects that have previously undergone section 7 consultation. specifically, 50 CFR 402.16 requires reinitiation of formal consultation if: (1) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may impact listed species or critical habitat in a manner or to an extent not considered in a biological opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the listed species not considered in the biological opinion issued for the action; or (4) a new species is listed or critical habitat designated that may be affected by the action. As stated in the MOU (Appendix A), "The Service concluded that the reasonable and prudent alternative will offset 57,100 acre-feet of depletion for the ALP in addition to the depletions in the baseline. The operation of Navajo Dam to benefit the listed fish will be taken into account by the Service in its biological opinions on the depletion impact of these existing federal actions." 4.2 Process of Compliance 4.2.1 Sufficient Progress ___ Sufficient progress in the recovery of the endangered species must have been made in order to offset potential jeopardy impacts to the listed fish from any proposed federal action which is under section 7 consultation. The Service will determine if sufficient progress has been made under the Implementation ~ Program based on the best available biological data and professional judgement. ~The parameters upon which sufficient \ progress will be determined are the positive response of the endangered fish species (including ~UT not limited to increased ~abundanc~, improved health, improved or increased survival) ~ aPlli/or their habitats (including but not limited to the C availability, extent, or quality of those habitats) to the steps implemented through the Implementation Program. The Service will assess sufficient progress in proportion to the potential jeopardy impacts of a proposed federal action. That is, the smaller the impact of a federal action, the lower the level of progress needed to offset the impacts. If progress under the Implementation Program has not been sufficient, actions will be required from the federal agency or project sponsors to offset impacts of the federal action which are likely to jeopar~~e the endangered f ish species. OA.. €.J?L~ .f.o --- . ,; The following are some examples of actions that~lead to (~~~ s~ffisieR~ prsgress. However, the actions, in a of themselves, may not constitute suff icient progress. -, ..:,., ~ 06 >I-L I~ ~