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MAY-03-2010 MON 06:07 AM FAX NO. P. 04 <br />criteria that will be developed as Part of the terms and conditions to rnini.nl.ize incidental <br />take, The Service retains the authority to determine whether a. signi(i.ea.nt decline in <br />population has occurred, bLtt will consult with the Recovery Program's Biology <br />Committee prim- to making its determination. In the event that one or more population <br />criteria have not been achieved, the Servicc is to first rely on the Recovery Program to <br />take timely, actions to correct the deficiency. <br />The section 7 regulations (50 CFR 402.16 (c)) state that reinitiation of consultation is <br />required if the identi lied action is 5ubsegt.tently modified in a manner that causes an e.l'Fect <br />to the listed. species or critical habitat that was not considered in the B0. It would be <br />considered a, change in the action subject to consultation if the Recovery Action Plan <br />items listed as part of the proposed action (Green River Action Plan: Yampa and Little <br />Snake rivers) in this opinion are not implemented within the required tirnefrarnes. Also, <br />the analysis for this BO assumed implementation of the Green River Mainstem Action <br />Plan of the RIPRAP because the Colorado p.ikerninnow and razarback Sucher that occur <br />in the Yampa River tt.se the Green River and are considered one population. The <br />essential elements of the Green River Plan are as follows: 1) provide and protect <br />in,stream. flows; 2) restore flood.plain habitat, 3) .reduce impacts of nonnative i:ishes; 4) <br />augment or restage populations, and 5) monitor populations and conduct research to <br />support recovery actions. The analysis for the non-jeopardy determination of the Yampa <br />Plan that includes about 53,000 acrd-feet/year of new water depletions from the Yampa <br />Diver RKsin relies on the Recovery Program to provide and protect flows on the Green <br />River. Speciflica.l.ly, the analysis 1i0r. this 80 asS=0d operation of Flaming Gorge Dann <br />to meet: the flow recommendations according to the Record of Decision on the Flarning <br />Gorge Dam Operations environmental in pact statement (EIS)- <br />The Service recognizes that the RIPRAP is an adaptive management plan that is modified <br />according to additional information and changing priorities. The plan is reviewed <br />annually and updated when necessary, The required time:fratnes include changes in <br />timing approved by means of normal procedures of the Recovery Progra.m. In 2006, and <br />every 2 years thereafter, for the lific of the Recovery Program, the Service a.nd tli.e <br />Recovery Program will review implementation of the RIPRAP actions to determine <br />timely compliance with applicable schedules. <br />Also, the analysis for this BO assumed impacts to peak flows based on anticipated Fiaure <br />water 1S 4' in a tiU.bstantittlly di'ffierent tinging regime that adversely <br />'ed <br />useti of water, if <br />01`ects endangered fishes in a way not considered in this opinion, then rei.nitiation of <br />consultation is required. The Recovery Program will monitor all new water projects that <br />deplete snore than 100 acre-feet/year to determine their impacts to peak :flows can the <br />Yampa Diver. In addition, the recovery Program will monitor projects individ.Mdly <br />depleting 100 acre-foot/year or less in CU.111LLlativc increments o:l' 3,000 acre-feet/year to <br />determine their impacts to peal; flows.