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3 

 developed where possible to prevent jeopardy when such a finding 

 is reached. The opinion also usually includes conservation 

 recommendations to reduce the impacts of the action agency's 

 activities. 



The section 7 consultation can be reinitiated if new information 

 becomes available on the project or listed species that changes 

 the basis for the original consultation or if the action is 

 modified so as to affect a listed species or critical habitat in 

 a manner not previously considered. For this project, 

 consultation will be reinitiated at least every five years in 

 conjunction with EPA's review of MWRA's application for renewal 

 of the discharge permit for the outfall. 



The section 7 consultation process is a very important tool for 

 NMFS in conserving protected species. Clearly, the section 7 

 process is most valuable during the pre-application or project 

 planning process. At this time, agencies or project applicants 

 are made aware of the presence of listed species and may adjust 

 their activity to complete the project without adversely 

 affecting the species. When adverse effects are unavoidable, 

 they are assessed relative to the ultimate test of whether the 

 action is likely to jeopardize the continued existence of any 

 listed species. If a jeopardy situation exists, then NMFS works 

 with the action agency to develop reasonable and prudent 

 alternatives to avoid jeopardy. If a not likely to jeopardize 



