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be more susceptible to predation and competition from nonnative fish; 2) habitat <br />conditions may be rendered unsuitable for breeding because reduced flows would impact <br />habitat formulation and maintenance as described in the biological opinion. <br />Estimating the number of individuals of these species that would be taken as a result of <br />water depletions is difficult to quantify for the following reasons--(1) determining <br />whether an individual forwent breeding as a result of water depletions versus natural <br />causes would be extremely difficult to determine; (2) finding a dead or injured listed fish <br />would be difficult, due to the large size of the action area and because carcasses are <br />subject to scavenging; (3) natural fluctuations in river flows and species abundance may <br />mask depletion effects, and (4) effects that reduce fecundity are difficult to quantify. <br />However, we believe the level of take of these species can be monitored by tracking the <br />level of water reduction and adherence to the Recovery Program. Specifically, if the <br />Recovery Program (and relevant RIPRAP measures) is not implemented, or if the current <br />anticipated level of water depletion is exceeded, we fully expect the level of incidental <br />take to increase as well. Therefore, we exempt all take in the form of harm that would <br />occur from the removal of 724 acre-feet of water per year. Water depletions above the <br />amount addressed in this biological opinion would exceed the anticipated level of <br />incidental take and are not exempt from the prohibitions of section 9 of the Act. <br />The implementation of the Recovery Program is intended to minimize impacts of water <br />depletions, therefore, support of Recovery Program activities by the BLM as described in <br />the proposed action exempts the BLM and project proponent from the prohibitions of <br />section 9 of the Act. The BLM is responsible for reporting to the Service if the amount <br />of average annual depletion is exceeded. <br />REINITIATION NOTICE <br />This concludes formal consultation on the action outlined in the request. As provided in <br />50 CFR 402.16, reinitiation of formal consultation is required where discretionary <br />Federal agency involvement or control over the action has been retained (or is authorized <br />by law) and if--1) the amount or extent of incidental take is exceeded; 2) new information <br />reveals effects of the agency action that may affect listed species or critical habitat in a <br />manner or to an extent not considered in this opinion; 3) the action is subsequently <br />modified in a manner that causes an effect to the listed species or critical habitat not <br />considered in this opinion; or 4) a new species is listed or critical habitat designated that <br />may be affected by the action. . <br />Thank you for your cooperation in the formulation of this biological opinion and your <br />interest in conserving endangered species. If we can be of further assistance, please <br />contact Collin Ewing of the Western Colorado Field Office in Grand Junction at <br />(970) 243-2778, extension 18. <br />34