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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 ACTI10 " <br />New information would include, but is not limited to, not achieving one or more4xesponse <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 (Ptychocheilus lucius) and <br />razorback sucker (Xyrauchen texanus) that occur in the Yampa River use the Green River <br />and are considered one population. The essential elements of the Green River Plan are as <br />follows: 1) provide and protect instream flows; 2) restore floodplain habitat; 3) reduce <br />impacts of nonnative fishes; 4) augment or restore populations; and 5) monitor <br />populations and conduct research to support recovery actions. The analysis for the <br />non jeopardy determination of the Yampa Plan that includes about 53,000 acre - feet/year <br />of new water depletions from the Yampa River Basin relies on the Recovery Program to <br />provide and protect flows on the Green River. Specifically, the analysis for this BO <br />assumed operation of Flaming Gorge Dam to meet the flow recommendations according <br />to the upcoming Record of Decision on the Flaming Gorge Dam Operations <br />environmental impact 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 timeframes include changes in <br />timing approved by means of normal procedures of the Recovery Program. In 2006, and <br />every 2 years thereafter, for the life of the Recovery Program, the Service and the <br />Recovery Program will review implementation of the RIPRAP actions to determine <br />timely compliance with applicable schedules. <br />1 That decision has not been made as of the date of this letter. <br />3 <br />