2004-06-29_PERMIT FILE - C1981038 (3)

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33 framework for conducting alt future section 7 consultations on depletion impacts related to new' projects and all impacts associated with historic projects in the Upper Basin. Procedures outlined in the Agreement will be used to determine if sufficient progress is beine accomplished in the recovery of the endangered fishes to enable the Recoveryy Program to serve as a reasonable and prudent alternative to avoid jeopardy. The Plan was finalized on October 15, 1993, and has been reviewed and updated annually. In accordance with the Agreement, the Service assesses the impacts of projects that require section 7 consultation and determine if progress towazd recovery has been sufficient for the Recovery Program to serve as a reasonable and prudent alternative. If sufficient progress is being achieved, biological opinions are written to identify activities and accomplishments of the Recovery Program that support it as a reasonable and prudent alternative. If sufficient progress in the recovery of the endangered fishes has not been achieved by the Recovery Program, actions from the Plan are identified which must be completed to avoid jeopazdy to the endangered fishes. For historic projects, these actions serve as the reasonable and prudent alternative as long as they aze completed according to the schedule identified in the Plan. For new projects, these actions serve as the reasonable and prudent alternative so long as they aze completed before the impact of the project occurs. In determining if sufficient progress has been achieved, the Service considers (a) actions which • result in a measurable population response, a measurable improvement in habitat for the fishes, legal protection of flows needed for recovery, or a reduction in the threat of immediate extinction; (b) status offish populations; (c) adequacy of flows; and (d) magnitude of the project impact. In addition, the Service considers support activities (funding, research, information and education, etc.) of the Recovery Program if they help achieve a measurable population response, a measurable improvement in habitat for the fishes, legal protection of flows needed for recovery, or a reduction in the threat of immediate extinction. The Service evaluates progress separately for the Colorado River and Green River subbasins; however, it gives due consideration to progress throughout the Upper Basin in evaluating progress towazd recovery. The following excerpts summarize portions of the Recovery Program that address depletion impacts, section 7 consultation, and project proponent responsibilities: "All future section 7 consultations completed afrer approval and implementation of this program (establishment of the Implementation Committee, provision of congressional funding, and initiation of the elements) will result in a one-time contribution to be paid to the Service by water project proponents in the amount of $10.00 per acre-foot based on the average annual depletion of the project .... This figure will be adjusted annually for inflation jthe current figure is $14.36 per acre-foot] .... Concurrently with the completion of the Federal action • which initiated the consultation, e.g., ...issuance of a 404 permit, 10