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<br />. <br /> <br />. <br /> <br />Section 7 consultation will be conducted by the Service in <br />accordance with the ESA Section 7 Regulations (50 CFR Part 402), <br />as summarized below and in Figure 1. <br /> <br />Step 4(B)(I). The Service in consultation with the Federal <br />agency that is responsible for approving the project will <br />determine if a the proposed stocking may adversely effect any <br />listed species or adversely modify critical habitat. If the <br />stocking proposal is not likely to adversely affected a listed <br />species or modify critical habitat, the Section 7 consultation <br />ends. If this event, the proposal would be reviewed in <br />accordance with Step 4(A), above. <br /> <br />Step 4(B)(2). If a "may effect" determination is made, the <br />Service would then enter into formal Section 7 consultation <br />with the lead Federal agency to ensure that the proposed <br />stocking does not jeopardize the continued existence of any <br />listed species or adversely modify their critical habitat. The <br />Service has 90 days to complete formal Section 7 Consultation <br /> <br />Step 4(B)(3). The Service will issue its biological opinion <br />within 45 days after completion of Section 7 consultation. The <br />Service's biological opinion will include a detailed <br />discussion of the effects of the action on listed species and <br />critical habitat and the Service's opinion on whether or not <br />the action is or is not likely to jeopardize the continued <br />existence of a listed species or result in the destruction or <br />adverse modification of critical habitat. If the biological <br />opinion concludes the project will jeopardize and/or result in <br />adverse modification of critical habitat, "reasonable and <br />prudent alternatives" if available will be provided. An <br />alternative is considered to be "reasonable and prudent" if it <br />(a) can be implemented in a manner consistent with the intended <br />purpose of the project, (b) can be implemented within the scope <br />of the Federal agency's authority or jurisdiction, (c) is <br />technologically feasible, and (d) avoids jeopardy to the <br />species or adverse modification of critical habitat. Upon <br />issuance of the biological opinion, the Federal agency shall <br />determine whether and in what manner to proceed with the <br />Project. If the project concludes with a no jeopardy <br />biological opinion the proponent would submit the stocking , <br />proposal to the other States for a 30-day review. Resolution <br />of any issues over a stocking proposal among the States would <br />be in accordance with Step 4(A), above. <br /> <br />VI. MODIFICATIONS OF THE PROCEDURES <br /> <br />Any signatory party to these Procedures can request a review or update <br />of this document at any time. <br /> <br />10 <br />