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take statement covers a Federal agency from a Section 9 <br />violation within the limits of the allowed take and will <br />include reasonable and prudent measures and terms and <br />conditions required to reduce /minimize the amount of <br />incidental take. <br />- jeopardy opinions will also contain a reasonable and <br />prudent alternative that is as close to the proposed action as <br />possible, is legally /economically /technologically implementable <br />but one that can be implemented without jeopardizing the species <br />and /or critical habitat. <br />- the Fish and Wildlife Service (FWS)may also provide <br />discretionary conservation recommendations that the action <br />agency may implement. <br />- time frames: 90 days for the `consultation' and 45 days to <br />deliver a biological opinion (i.e. 135 days). <br />• Reinination of consultation is required if: . <br />- the amount or extent of incidental take is exceeded, <br />- new information becomes available (on the listed species and /or <br />critical habitat considered in the original consultation), <br />- the action is modified or implemented in a manner different that <br />proposed, and /or <br />- a new species is listed or critical habitat designated. <br />Section 9. Prohibited Acts. <br />• Prohibits and makes unlawful the importation, exportation, 'taking', <br />possession, delivery and /or selling of listed species and provides for <br />the penalties for engaging in such activities in § 11. <br />• `Take' as defined by the ESA means to "harass, harm, pursue, hunt, <br />I* <br />A <br />