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modified sufficiently to address the concerns, then the proponent can proceed to implement the proposal. The proponent of the proposal may also elect to withdraw the proposal based on identified concerns. Steo 4(A)(3). In the event that the disagreements cannot be resolved and the proponent still desires to proceed, the stocking proposal and all agency comments on the proposal will be distributed to the appropriate State Wildlife Commission for final review and decision. The State Wildlife Commission will provide at least a 30-day notice before taking action on the proposal. The States, Service, other participants in the Recovery Program, and other interested parties will be notified of State Wildlife Commission hearing and be invited to provide comments to the Commission on the stocking proposal. The Service will advise the Commission if there is a potential for "take" as defined by the ESA, as amended. The basis for the final decision by the State Wildlife Commission will be documented and distributed to the public on the Recovery Program's mailing list, members of the Recovery Program, and other interested parties. Step 4(B) Proposals Sub.iect to Section 7. ESA Consultation. Section 7 consultation will only be required prior to proceeding with any stocking in cases where the Service, in consultation with the lead Federal agency, determines that there is a Federal action and/or Federal discretionary involvement in the stocking proposal that "may affect" an endangered fish or result in "an adverse modification" to its critical habitat. Examples of proposals which may require section 7 consultation include projects where a Federal permit is needed to stock fish on Federal lands, the stocking is paid for partially or wholly with Federal funds, and/or the fish are being provided from a Federal fish hatchery. Section 7 consultation will be conducted by the Service in accordance with the ESA section 7 Regulations (50 CFR Part 402), as summarized below. Step 4(B)(1). The Service in consultation with the Federal agency that is responsible for approving the project will determine if the proposed stocking may affect any listed species or adversely modify critical habitat. If the stocking proposal is not likely to adversely affect a listed species or modify critical habitat, the section 7 consultation ends. In this event, the proposal would be reviewed in accordance with Step 4(A), above. L~ l r 1 1 1 Step 4(B)(2). If a "may affect" determination is made, the Service would then enter into formal section 7 consultation with the lead Federal agency to determine if the proposed stocking 14