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If the annual assessment indicates that either the recovery actions specified in this opinion have • <br />not been completed or that the status of all four fish species has not sufficiently improved, the <br />Service intends to reinitiate consultation on the Yampa Plan to specify additional measures to be <br />taken by the Recovery Program to avoid the likelihood of jeopardy and/or adverse modification <br />of critical habitat for depletions. If other measures are determined by the Service or the <br />Recovery Program to be needed for recovery prior to the review, they can be added to the <br />Recovery Action Plan according to standard procedures, outlined in that plan. If the Recovery <br />Program is unable to complete those actions which the Service has determined to be required, <br />consultation on projects with a Federal nexus may be reinitiated in accordance with ESA <br />regulations and this opinion's reinitiation requirements. The Service may also reinitiate <br />consultation on the Recovery Program if fish populations do not improve according to the <br />population response criteria to be developed within one year of the issuance of this biological <br />opinion. Failure to maintain a positive response, whenever achieved, will be considered a <br />negative response and subject to reinitiation. <br />If the Service reinitiates consultation, it will first provide information on the status of the species <br />and recommendations for improving population numbers to the Recovery Program. Only if the <br />Recovery Program does not implement recovery actions to improve the status of the species, will <br />the Service reinitiate consultation with individual projects. The Service intends to reinitiate <br />consultations simultaneously on all depletions. <br />All individual consultations conducted under this programmatic opinion will contain language <br />requesting the applicable Federal agency to retain sufficient authority to reinitiate consultation • <br />should reinitiation become necessary. The recovery agreements to be signed by non-Federal <br />entities who rely on the Recovery Program to avoid the likelihood of jeopardy and/or adverse <br />modification of critical habitat for depletion impacts related to their projects will provide that <br />such non-Federal entities also must request the Federal agency to retain such authority. <br />Non-Federal entities will agree by means of recovery agreements to participate during reinitiated <br />consultations in finding solutions to the problem which triggered the reinitiation of consultation. <br />This concludes formal consultation for the subject project. If you have any questions regarding <br />this consultation or would like to discuss it in more detail, please contact Terry Ireland of our <br />Grand Junction Ecological Services Field Office at (970)243-2778, extension 16. <br />cc: FWS/UCREFRP, Denver <br />TIre1and: OS WrapperMineBOYP26.doc:091709:KM <br />4 <br />•