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<br />. <br /> <br />. <br /> <br />authorization, funding, etc., which would invoke a review <br />pursuant to Section 7 of the ESA. Reviews of stocking <br />proposals that do not require Section 7 consultation would be <br />in accordance with the following process. <br /> <br />Step 4(A)(I). At the conclusion of the 60 day comment <br />period, the States and the Service would review the comments <br />and within 30 days indicate whether they support or oppose <br />the proposed stocking. These parties will make a concerted <br />effort to resolve any disagreements or objections to the <br />proposal. If none of these parties objects to the proposal <br />or if disagreements over the proposal are resolved, then the <br />proponent can proceed to implement the proposal. <br /> <br />Step 4(A)(2). In the event that an agency(s) still objects <br />to a proposal, the proposal and the review comments will be <br />submitted to the Regional Director of the Service and the <br />Directors of the State Wildlife agencies. Within 30 days, <br />these parties will make a concerted effort to resolve any <br />disagreements or objections to the proposal. If objections <br />are resolved, then the proponent can proceed to implement <br />the proposal. <br /> <br />Step 4(A)(3). In the event that the disagreements can not <br />be resolved, the stocking proposal and all agency comments <br />on the proposal will be distributed to the appropriate State <br />Wildlife Commission for final review and decision. The <br />State Wildlife Commission will provide at least 30 days <br />notice before taking action on the proposal. The States, <br />the Service, other participants in the Recovery Program and <br />other interested parties will be notified of Commissions <br />hearing and invited to provide comments to the Wildlife <br />Commission on the stocking proposal. The basis for the <br />final decision by the Wildlife Commission will be documented <br />and distributed to the public, members of the Recovery <br />Program, and other interested parties. <br /> <br />Steo 4(8). Proposals Subject to Section 7, ESA Consultation. <br /> <br />Section 7 consultation will only be required prior to proceeding <br />with any stocking in cases where the Service in consultation with <br />the lead Federal agency determines that there is a Federal action <br />and/or a Federal discretionary involvement in the stocking <br />proposal and a "may affect" determination or "an adverse <br />modification" to critical habitat determination has been made. <br />Examples of proposals which may require Section 7 consultation <br />include projects where a Federal permit is needed to stock fish on <br />Federal lands (e.g. a National Park or National Recreation Area), <br />the stocking is paid for partially or wholly with Federal funds, <br />the fish are being provided from a Federal fish hatchery. <br /> <br />9 <br />