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3? • <br />framework for conducting all future section 7 consultations on depletion impacts related to new <br />projects and all impacts associated with historic projects in the Upper Basin. Procedures outlined <br />in the Agreement will be used to determine if sufficient progress is being accomplished in the <br />recovery of the endangered fishes to enable the Recovery Program to serve as a reasonable and <br />prudent altemative to avoid jeopardy. The Plan was finalized on October 15, 1993, and has been <br />reviewed and updated annually. <br />In accordance with the Agreement, the Service assesses the impacts of projecu that require <br />section 7 consultation and determine if progress toward recovery has been sufficient for the <br />Recovery Program to serve as a reasonable and prudent alternative. If sufficient progress is being <br />achieved, biological opinions are written to identify activities and accomplishments of the <br />Recovery Program that support it as a reasonable and prudent alternative. If sufficient progress <br />in the recovery of the endangered fishes has not been achieved by the Recovery Program, actions <br />from the Plan are identified which must be completed to avoid jeopazdy to the endangered fishes. <br />For historic projecu, these actions serve as the reasonable and prudent altemative as long as they <br />are completed according to the schedule identified in the Plan. For ne~v projects, these actions <br />serve as the reasonable and prudent altemative so long as they aze completed before the impact of <br />the project occurs. <br />In determining if sufficient progress has been achieved, the Service considers (a) actions which <br />result in a measurable population response, a measurable improvement in habitat for the fishes, <br />legal protection of flows needed for recovery, or a reduction in the threat of immediate <br />extinction; (b) status of fish populations; (c) adequacy of flows; and (d) magnitude of the project <br />impact. In addition, the Service considers support activities (funding, reseazch, information and <br />education, etc.) of the Recovery Program if they help achieve a measurable population response, <br />a measurable improvement in habitat for the fishes, legal protection of flows needed for recovery, <br />or a reduction in the threat of immediate extinction. The Service evaluates progress sepazately <br />for the Colorado River and Green River subbasins; however, it gives due consideration to <br />progress throughout the Upper Basin in evaluating progress toward recovery. <br />T'he following excerpu summarize portions of the Recovery Program that address depletion <br />impacts, section 7 consultation, and project proponent responsibilities: <br />"All future section 7 consultations completed after approval and <br />implementation of this program (establishment of the Implementation <br />Committee, provision of congressional funding, and initiation of the <br />elemenu) will result in a one-time contribution to be paid to the Service <br />by water project proponents in the amount of $10.00 per acre-foot based <br />on the average annual depletion of the project .... This figure will be <br />adjusted annually for inflation [the current figure is $14.36 per <br />acre-foot] .... Concurrently with the completion of the Federal action <br />which initiated the consultation, e.g., ...issuance of a 404 permit, 10 • <br />