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Service intends to reinitiate consultation on the Recovery Program to specify additional <br />measures to be taken by the Recovery Program to avoid the likelihood of jeopazdy and/or <br />adverse modification of critical habitat for depletions associated with the second 60,000 <br />acre-feetlyeaz block. Any additional measures will be evaluated every 5 years. If other <br />measures are determined by the Service or the Recovery Program-to be needed for <br />recovery prior to -the review; they can be added to the Recovery Action Plan according to <br />standard procedures, outlined in that plan. If the Recovery Program is unable to complete <br />those actions which the Service has determined to be required for the second 60,000 acre- <br />feet/yeaz, consultation an projects with a Federal nexus maybe reinitiated in accordance <br />with Endangered Species Act regulations and this opinion's reinitiation requirements. <br />The Service may also reinitiate consultation on the Recovery Program if fish populations <br />do not improve according to the criteria in Appendix D or if any positive response <br />achieved prior to the 50,000 acre-foot or the yeaz 2015 is not maintained. Once a positive <br />response is achieved, failure to maintaiq it will be considered a negative response. <br /> <br />If the Service reinitiates consultation, it will first provide information on the status of the <br />species and recommendations for improving population numbers to the Recovery <br />Program. The Service will reinitiate consultation with individual projects only if the <br />Recovery Program does not implement recovery actions to improve the status of the <br />listed fish species. The Service will reinitiate censultation first on Category 2 projects <br />and second on Category 1 projects. The Service will only reinitiate consultations on <br />Category 1 depletions if Category 2 depletion impacts are offset to the full extent of the <br />capability of the covered projects as deteanined by the Service, and the likelihood of <br />jeopazdy to the listed fishes and/or adverse modification of critical habitat still cannot be <br />avoided. The Service intends to reinitiate consultations simultaneously on all depletions <br />within the applicable category. <br />If new information becomes available, if a-new species becomes listed, if incidental take occurs, <br />if the total average annual amount of water depleted by this project changes, or if any other <br />project element changes which alters the operation of the project from that which is described in <br />your correspondence and which may affect any endangered or threatened species in a manner or <br />to an extent not considered in this biological opinion (see 50 CFR 402.16), formal section 7 <br />consultation should be reinitiated. The OSM has agreed to condition its approval documents to <br />retain jurisdiction should section 7 consultation need to be reinitiated. <br />If you have any questions regarding this consultation or would like to discuss it in more detail, <br />please contact Larry Thompson of our Grand Junction Ecological Services Field Office at (970) <br />243-2778, extension 39. <br />Attachment <br />ce: FWS/UCREFRP, Denver <br />L'IhompsonOSMSnowCapCoalMincPB02.doc:010407 <br />AI I-1-6 <br />