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2012-11-26_REVISION - C1981019
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2012-11-26_REVISION - C1981019
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Last modified
8/24/2016 5:10:50 PM
Creation date
11/27/2012 7:02:41 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981019
IBM Index Class Name
Revision
Doc Date
11/26/2012
Doc Name
Email Regarding Section 7 Consultation
From
USFWS
To
OSM
Type & Sequence
PR3
Email Name
JHB
DIH
Media Type
D
Archive
No
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The reinitiation criteria for the Yampa River PBO apply to all projects under the umbrella of the <br />PBO. For your information the reinitiation notice from the Yampa River PBO is presented <br />below. <br />REINITIATION 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' entitlement 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 the 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 BO to <br />determine timely compliance with applicable schedules. As provided in 50 CFR section 402.16, <br />reinitiation of formal consultation is required for new projects where discretionary Federal <br />agency involvement or control over the action has been retained (or is authorized by law) and <br />under the following conditions: <br />1. The amount or extent of take specified in the incidental take 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 />2. New information reveals effects of the action that may affect listed species or critical <br />habitat in a manner or to an extent not considered in this opinion. In preparing this <br />opinion, 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 THE ACTION." <br />New information would include, but is not limited to, not achieving one or more response <br />criteria that will be developed as part of the terms and conditions to minimize incidental <br />take. The Service retains the authority to determine whether a significant decline in <br />population has occurred, but will consult with the Recovery Program's Biology <br />Committee prior to making its determination. In the event that one or more population <br />criteria have not been achieved, the Service is to first rely on the Recovery Program to <br />take timely actions to correct the deficiency. <br />3. The section 7 regulations (50 CFR 402.16 (c)) state that reinitiation of consultation is <br />required if the identified action is subsequently modified in a manner that causes an effect <br />to the listed species or critical habitat that was not considered in the BO. 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 timeframes. Also, <br />the analysis for this BO assumed implementation of the Green River Mainstem Action <br />Plan of the RIPRAP because the Colorado pikeminnow and razorback sucker that occur <br />in the Yampa River use 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 />
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