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<br />QiJ25J8 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 17 of 44 <br /> <br />agreeable to the Secretary, the Federal agency, and the applicant concerned. <br />(3)(A) Promptly after conclusion of consultation under paragraph (2) or (3) of <br />subsection (a), the Secretary shall provide to the Federal agency and the applicant, if <br />any, a written statement setting forth the Secretary's opinion, and a summary of the <br />information on which the opinion is based, detailing how the agency action affects <br />the species or its critical habitat. If jeopardy or adverse modification is found, the <br />Secretary shall suggest those reasonable and prudent alternatives which he believes <br />would not violate subsection (a)(2) and can be taken by the Federal agency or <br />applicant in implementing the agency action. <br />(B) Consultation under subsection (a)(3), and an opinion based by the Secretary <br />incident to such consultation, regarding an agency action shall be treated respectively <br />as a consultation under subsection (a)(2), and as an opinion issued after consultation <br />under such subsection, regarding that action if the Secretary reviews the action before <br />it is commenced by the Federal agency and finds, and notifies such agency, that no <br />significant changes have been made with respect to the action and that no significant <br />change has occurred regarding the information used during the initial consultation. <br />(4) If after consultation under subsection (a)(2) of this section, the Secretary <br />concludes that- <br />(A) the agency action will not violate such subsection, or offers reasonable and <br />prudent alternatives which the Secretary believes would not violate such subsection; <br />(B) the taking of an endangered species or a threatened species incidental to the <br />agency action will not violate such subsection; and <br />(C) ifan endangered species or threatened species ofa marine mammal is involved, <br />the taking is authorized pursuant to section 1371(a)(5) of this title; the Secretary shall <br />provide the Federal agency and the applicant concerned, if any, with a written <br />statement that- <br />(i) specifies the impact of such incidental taking on the species, <br />(ii) specifies those reasonable and prudent measures that the Secretary considers <br />necessary or appropriate to minimize such impact, <br />(iii) in the case of marine mammals, specifies those measures that are necessary to <br />comply with section 1371(a)(5) of this title with regard to such taking, and <br />(iv) sets forth the terms and conditions (including, but not limited to, reporting <br />requirements) that must be complied with by the Federal agency or applicant (if any), <br />or both, to implement the measures specified under clauses (ii) and (iii). <br /> <br />(c) BIOLOGICAL ASSESSMENT.- <br />(I) To facilitate compliance with the requirements of subsection (a)(2) each Federal <br />agency shall, with respect to any agency action of such agency for which no contract <br />for construction has been entered into and for which no construction has begun on the <br />date of enactment of the Endangered Species Act Amendments of 1978, request of <br />the Secretary information whether any species which is listed or proposed to be listed <br />may be present in the area of such proposed action. If the Secretary advises, based on <br />the best scientific and commercial data available, that such species may be present, <br />such agency shall conduct a biological assessment for the purpose of identifying any <br />endangered species or threatened species which is likely to be affected by such <br />action. Such assessment shall be completed within 180 days after the date on which <br />initiated (or within such other period as is mutually agreed to by the Secretary and <br /> <br />http://www . fws. gov/ -rgendspp/ esa.html <br /> <br />9/30/97 <br />