The Opinion, filed on September 1, 2010 and reported at 620 F.3d 1187 (9th Cir. 2010), is amended as follows: 1. At slip op. 13266, 620 F.3d at 1209, the citation <see also Defenders of Wildlife v. Flowers, 414 F.3d 1066, 1072 (9th Cir. 2005) > is replaced with <see also Tribal Village of Akutan v. Hodel, 869 F.2d 1185, 1193 (9th Cir.l988).> 2. At slip op. 13266, 620 F.3d at 1210, the citation <see Defenders of Wildlife, 414 F.3d at 1072.> is replaced with <see Cal. ex rel. Lockyer v. U.S. Dep’t of Agric., 575 F.3d 999, 1018-19 (9th Cir.2009). > 3. At slip op. 13267, 620 F.3d at 1210, the citation <see also Defenders of Wildlife, 414 F.3d at 1074 (<HOLDING>)> is deleted. An Amended Opinion is filed
holding that the corps arbitrarily refused to initiate section 7 consultation where fws demanded consultation holding that to the extent that the securing of information is necessary to a prosecutors decision to initiate a criminal prosecution it is encompassed within the protected quasijudicial immunity afforded to the decision itself holding that section 311034 does not make section 890041 jurisdictional holding that section 4a12 is a broadly applicable section of the guidelines holding that defendants were not entitled to summary judgment on a claim brought against them under section 14707 where the claim alleged a failure of defendant to register as required by section 13901