2012-11-26_REVISION - C1981019 - Laserfiche WebLink

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instream flows; 2) restore floodplain habitat; 3) reduce impacts of nonnative fishes; 4) augment or restore populations; and 5) monitor populations and conduct research to support recovery actions. The analysis for the non jeopardy determination of the Yampa Plan that includes about 53,000 of /yr of new water depletions from the Yampa River Basin relies on the Recovery Program to provide and protect flows on the Green River. Specifically, the analysis for this BO assumed operation of Flaming Gorge Dam to meet the flow recommendations according to the upcoming Record of Decision on the Flaming Gorge Dam Operations environmental impact statement (EIS)'. The Service recognizes that the RIPRAP is an adaptive management plan that is modified according to additional information and changing priorities. The plan is reviewed annually and updated when necessary. The required timeframes include changes in timing approved by means of normal procedures of the Recovery Program. In 2006, and every 2 years thereafter, for the life of the Recovery Program, the Service and the Recovery Program will review implementation of the RIPRAP actions to determine timely compliance with applicable schedules. Also, the analysis for this BO assumed impacts to peak flows based on anticipated future uses of water, if water is used in a substantially different timing regime that adversely affects endangered fishes in a way not considered in this opinion, then reinitiation of consultation is required. The Recovery Program will monitor all new water projects that deplete more than 100 of /yr to determine their impacts to peak flows on the Yampa River. In addition, the Recovery Program will monitor projects individually depleting 100 of /yr or less in cumulative increments of 3,000 of /yr to determine their impacts to peak flows. 4. 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 of jeopardy 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 of jeopardy and /or adverse modification of critical habitat then the Service will reinitiate consultation 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. If 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 ' That decision has not been made as of the date of this letter. L,