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MAY-03-2010 MON 06:07 AM FAX NO, P 03 <br />implementation Program Recovery Action Plana (RTPP•AP) which identifies actions currently <br />believed to be ..required to recover the endangered :fishes in the most expeditious manner. <br />On January 10, 2005, the Dish and Wildlife Service (Service) issued the final programmatic <br />biological opinion. (PBO) on the Management.Plan fnr Endangered Fishes in the Yan?jm River <br />Rusin (this document is available for viewing at the following intern.et address: <br />lattp://www.r6.fws.gov/crrip/yaml3aPBO,iitm). The Service has d.etezn-lined that projects that Fit <br />under the umbrella. of the Yampa River PRO would avoid the likelihood of jeopardy and/or <br />adverse modification. of critical habitat '.for depletion impacts to the Yampa River basin. For <br />projects involving water depletions less than 100 acre-feet/year to fit under the umbrella of the <br />Yampa River PBO, the Federal agency requesting consultation must documeiit the project <br />locatiuri, the amount of the water depletion, identify if the depletion is new or historic, and <br />pi.ovide the information to the Service when consultation is initiated.. This innformation was <br />provided in your consultation request, therefore, the requirements have been nnet for the subject <br />project to fit under the umbrella of the Yamnpa River PRO. <br />The Service requests that the Office of Siufa.ce Mining, Reclamation, and Enibrcement retain <br />discretionary Federal authority for the subject project in case reinitiation of section 7 <br />consultation is required. For your in..onnnation the rein.i.tiation notice from. the Ymnpa River PRO <br />is presented below. <br />INITIATION NOTICE <br />This concludes formal consultation on the subject action. The Recovery Action Plan is an <br />adaptive management plan because additional information, changing priorities, and the <br />development of The States' en.titl.ernent may require modification of the Recovery Action Plan. <br />Therefore, the Recovery Action. Plan is reviewed annually and updated and changed when <br />necessary and the required. time frames include changes in timing approved by means of the <br />normal procedures of the Recovery Program, as explained in the description of tine proposed <br />action. Every 2 years, for the life of the Recovery Program, the Service and. Recovery Program <br />will review implementation of the Recovery Action Plan actions that are included in this <br />biological opinion (130) to determine timely compliance with applicable schedules. As provided <br />in 50 CFR section 402.16, reinitiation of formal consultation is required for new projects where <br />discretionary Federal Agency involvement or control. over the action has been retained (or is <br />authorized by law) and under the following conditions: <br />1.. The amount or extent of take speci.fted in the incidental tape statement for this opinion is <br />exceeded. The implementation. of the Recovery actions contained in this opinion will <br />further decrease the likelihood. of take caused by water depletion. impacts. <br />? New information reveals effects of the action that may affect listed species or critical. <br />habitat in a mauler or to an extent not considered, in this opinion. In preparing this <br />opinimi, the Service describes the positive and. negative effects of the action it anticipates <br />and considered in the section of the opinion. entitled "EFFECTS OF TIIE ACTION." <br />New information would include, but is not limited. to, not achieving one or more response