2010-05-03_APPLICATION CORRESPONDENCE - C2009087

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MAY-03-2010 MON 06;08 AM FAX NO. P, 05 Zl. The Service lists new species or designates new or additional critical habitat, where the level or pattern of depletions covered under this opinion may have an adverse impact on the newly listed species or habitat. If the species or habitat may be adversely affected by depletions, the Service will reinitiate consultation on the PBO as required by its section 7 regulations. The Service will first determine whether the Recovery Program can. avoid such impact or can be amended to avoid the likelihood o-I`jeopard.y and/or adverse modification of critical habitat for such depletion impacts. If' the Recovery Program can avoid the likelihood of jeopardy and/or adverse modification. of critical. habitat no additional recovery actions for individual projects would be required, if the avoidance actions are included in the Recovery Action Plan. If the Recovery Program is not likely to avoid the likelihood ofjeopardy and/or adverse modifi.cati.on. of critical habitat then the Service will reinitiate cun.sultation and develop reasonable and prudent alternatives. If the annual assessment indicates that either the recovery actions specified. in this opinion have not been completed or that the status of all four fish species has not sufficiently improved, the Service intends to reinitiate consultation on the Yampa Plan to specify additional measures to be taken by the Recovery Program to avoid the likelihood of jeopardy and/or adverse modification of critical habitat for depletions. ]'l' other measures are determined by the Service or the Recovery Program to be needed for recovery prior to the review, they can be added to the Recovery Action Plan according to standard procedures, outlined in that plan. If the Recovery Program is unable to complete those actions which the Service has determined to be required., consultation on projects with. a Federal nexus may be reinitiated in accordance with ESA regulations and this opinion's reinitiation requirements. The Service may also reinitiate consultation on. the Recovery Program if fish populations do not improve according to the population response criteria. to be developed within one year of the issuance or this BO, Failure to maintain a positive response, whenever achieved, will be considered a negative response and subiect to reinitiation. If the Service reinitiates consultation, it will first provide information on the status of the species and recommendations for improving population numbers to the Recovery Program. Only if the Recovery Program does not implement recovery actions to improve the status of the species, will the Service reinitiate consultations with individual projects. The Service intends to reinitiate consultations simultaneously on all depletions. All individual consultations conducted under this programmatic opinion will contain language requesting the applicable Federal agency to rerun sufficient aLtthorlty to reinitiate coln.sultatrorl should reinitiation become necessaay. The recovery agreements to be signed by nola-Federal entities who rely on the Recovery Program to avoid the likelihood of jeopardy anal/or adverse modification of critical habitat for depletion impacts related to their projects will, provide that such non-federal entities also must request the Federal agency to retain such authority. Non-Federal entities will agree by means of recovery agreements to participate during reinitiated consul.tation.s in finding solutions to the problem which triggered. the reinitiation of consultation. 4