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(b)(3)(A) Promptly after conclusion of <br />consultation ..., the Secretary shall provide to the <br />federal agency and the applicant, if any, a written <br />statement setting forth the Secretary's opinion, and a <br />summary of the information on which the opinion is <br />based, detailing how the agency action affects the <br />species or its critical habitat. If jeopardy or <br />adverse modification is found, the Secretary shall <br />suggest those reasonable and prudent alternatives <br />which he believes would not violate subsection (a)(2) <br />and can be taken by the federal agency or applicant in <br />implementing the agency action. <br />(b)(4) If after consultation under subsection <br />(a)(2), the Secretary concludes that -- <br />(A) The agency action will not violate such <br />subsection, or offers reasonable and prudent <br />alternatives which the Secretary believes would not <br />violate such subsection; and <br />(B) The taking of an endangered species or a <br />threatened species incidental to the agency action <br />will not violate such subsection; [then] the Secretary <br />shall provide the federal agency and the applicant <br />concerned, if any, with a written statement that - -(i) <br />specifies the impact of such incidental taking on the <br />species, (ii) specifies those reasonable and prudent <br />measures the Secretary considers necessary or <br />appropriate to minimize such impact, and (iii) sets <br />forth the terms and conditions (including, but not <br />limited to, reporting requirements) that must be <br />compiled with by the federal agency or applicant (if <br />any), or both, to implement the measures specified <br />under clause (ii). <br />The Act defines the word "take" in section 3(19) to mean <br />"to harass, harm, pursue, hunt, shoot, wound, kill, trap, <br />capture, or collect, or to attempt to engage in any such <br />conduct." In turn, the basic prohibition of the Act is that it <br />is unlawful.for any person subject to the jurisdiction of the <br />United States to, among other things, "take" any endangered <br />species of fish or wildlife which has been listed by the <br />Secretary pursuant to the process set forth in section 4 of the <br />Act. This prohibition is provided in section 9(a)(1) of the <br />Act. <br />• <br />IWM <br />