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discretionary Federal Agency involvement or control over the action has been retained (or is authorized by law) and under the following conditions: I. The amount or extent of take specified in the incidental take statement for this opinion is exceeded. The implementation of the Recovery actions contained in this opinion will further decrease the likelihood of take caused by water depletion impacts. 2. New information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion. In preparing this opinion, the Service describes the positive and negative effects of the action it anticipates and considered in the section of the opinion entitled "EFFECTS OF THE ACTION." New information would include, but is not limited to, not achieving one or more response criteria that will be developed as part of the terms and conditions to minimize incidental take. The Service retains the authority to determine whether a significant decline in population has occun'ed, but will consult with the Recovery Program's Biology Committee prior to making its determination. In the event that one or more population criteria have not been achieved, the Service is to first rely on the Recovery Program to take timely actions to correct the deficiency. 3. The section 7 regulations (50 CFR 402.16 (c)) state that reinitiation of consultation is required if the identified action is subsequent]y modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion. 1t would be considered a change in the action subject to consultation if the Recovery Action Plan items listed as part of the proposed action (Green River Action Plan: Yampa and Little Snake rivers) in this opinion are not implemented within the required timeframes. Also, the analysis for this biological opinion assumed implementation of the Green River Mainstem Action Plan of the RIPRAP because the Colorado pikeminnow and razorback sucker that occur in the Yampa River use the Green River and are considered one population. The essential elements of the Green River Plan are as follows: 1) provide and protect instream flows; 2) restore floodplain habitat; 3) reduce impacts of nonnative fishes; 4) augment or restore populations; and 5) monitor populations and conduct research to support recovery actions. The analysis for the non-jeopardy determination of the Yampa Plan that includes about 53,000 AF/year of new water depletions from the Yampa River Basin relies on the Recovery Program to provide and protect flows on the Green River. Specifically, the analysis for this biological opinion assumed operation of Flaming Gorge Dam to meet the flow recommendations according to the upcoming Record of Decision on the Flaming Gorge Dam Operations environmental impact statement (EIS)''. The Service recognizes that the RIPRAP is an adaptive management plan that is modified according to additional information and changrng Priorities. The plan is reviewed annually and updated when necessary. The required timeframes include changes in timing approved by means of normal procedures of the Recovery Program. In ?006, and every 2 years thereafter, for the life of the Recovery Program, the Service and the Recovery Program will review implementation of the RIPRAP actions to determine timely compliance with applicable schedules. Thus decision has not been made as of the date of this letter. 3