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indicators must show more than the possibility that the non-federal project will occur; they must
<br />? demonstrate with reasonable certainty that it will occur. Future federal actions that are unrelated
<br />to the proposed action are not considered in this section because they require separate
<br />consultation pursuant to section 7 of the Act and would be consulted on at a later time.
<br />Cumulative effects are described on pages 194 to 300 of the Tier 1 PBO, and are hereby.
<br />incorporated by reference. [Discuss any changes in cumulative effects, if any, since the Tier 1
<br />PBO was issued, or include a statement saying there are no substantial changes in status since
<br />that time].
<br />IX. Conclusions
<br />The Service concludes that the proposed [Project Name] is consistent with the Tier 1 PBO for
<br />effects to listed species and critical habitat addressed in the Tier 1 PBO. After reviewing site
<br />specific information, including: 1) the scope of the Federal Action, 2) the environmental
<br />baseline, 3) the status of the whooping crane, interior least tern, piping plover, pallid sturgeon,
<br />western prairie fringed orchid, and the bald eagle in the central and lower Platte River and their
<br />potential occurrence within the project area, as well as whooping crane critical habitat, 4) the
<br />effects of the [Project Name], and 5) any cumulative effects, it is the Service's biological opinion
<br />that the [Project Name], as described, is not likely to jeopardize the continued existence of the
<br />federally endangered whooping crane, interior least tern, and pallid sturgeon, or the federally
<br />threatened northern Great Plains population of the piping plover, western prairie fringed orchid,
<br />or bald eagle in the central and lower Platte River. The Federal Action is also not likely to
<br />C destroy or adversely modify designated critical habitat for the whooping crane.
<br />X. Incidental Take Statement
<br />Section 9 of ESA and federal regulations pursuant to section 4(d) of ESA prohibit the take of
<br />endangered and threatened species without special exemption. Take is defined as to harass,
<br />harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any
<br />such conduct, and applies to individual members of a listed species. Harm is further defined by
<br />the Service to include significant habitat modification or degradation that results in death or
<br />injury to listed wildlife by significantly impairing essential behavioral patterns, including
<br />breeding, feeding, or sheltering. Harass is defined by the Service as intentional or negligent
<br />actions that create the likelihood of injury to listed wildlife by annoying it to such an extent as to
<br />signiticantly disrupt normal behavior patterns which include, but are not limited to, breeding,
<br />feeding or sheltering. Incidental take is defined as take that is incidental to, and not the purpose
<br />of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and
<br />section 7(0)(2), taking that is incidental to and not intended as part of the agency action is not
<br />considered to be prohibited taking under ESA provided that such taking is in compliance with
<br />the terms and conditions of this incidental take statement.
<br />Sections 7(b)(4) and 7(0)(2) of ESA do not apply to the incidental take of federally listed plant
<br />species (e.g., Colorado butterfly plant, Ute, ladies' tresses orchid, and western prairie fringed
<br />orchid). However, limited protection of listed plants from take is provided to the extent that ESA
<br />? prohibits the removal and reduction to possession of federally listed endangered plants or the
<br />October 24, 2006 Colorado Depletions Plan 25
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