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and or Page 8 heir potential occurrence within the project area, as well as whooping crane critical at, 4) the effects of the Project, and 5) any cumulative effects, it is the Service's gical opinion that the Project, as described, is not likely to jeopardize the continued ence of the federally endangered whooping crane, interior least tern, and pallid sturgeon, federally threatened northern Great Plains population of the piping plover, or western ie fringed orchid in the central and lower Platte River. The Federal Action is also not to destroy or adversely modify designated critical habitat for the whooping crane. INCIDENTAL TAKE STATEMENT S on 9 of ESA and federal regulations pursuant to section 4(d) of ESA prohibit the take of en gered and threatened species without special exemption. Take is defined as to harass, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any sue conduct, and applies to individual members of a listed species. Harm is further defined by a Service to include significant habitat modification or degradation that results in death or h jury to listed wildlife by significantly impairing essential behavioral patterns, including bret ling, feeding, or sheltering. Harass is defined by the Service as intentional or negligent acti ( ns that create the likelihood of injury to listed wildlife by annoying it to such an extent as to si pificantly disrupt normal behavior patterns which include, but are not limited to, bree fin& feeding or sheltering. Incidental take is defined as take that is incidental to, and not the I urpose of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b).4) and section 7(0)(2), taking that is incidental to and not intended as part of the agency actian is not considered to be prohibited taldng under ESA provided that such taking is in com liance with the terms and conditions of this incidental take statement. )ns 7(b)(4) and 7(0)(2) of ESA do not apply to the incidental take of federally listed species (e.g., Colorado butterfly plant, Ute ladies' tresses orchid, and western prairie d orchid). However, limited protection of listed plants from take is provided to the t that ESA prohibits the removal and reduction to possession of federally listed igered plants or the malicious damage of such plants on non - federal areas in violation of .aw or regulation or in the course of any violation of a state criminal trespass law. Such rary from state to state. The , epartment of the Interior, acting through the Service and Bureau of Reclamation, is impl eating all pertinent Reasonable and Prudent Measures and implementing Terms and Cong itions stipulated in the Tier 1 PBO Incidental Take Statement (pages 309 -326 of the PBO which will minimize the anticipated incidental take of federally listed species. In . t ces where the amount or extent of incidental take outlined in the Tier 1 PBO is exc ed, or the amount or extent of incidental take for other listed species is exceeded, the spe c PRR1P action(s) causing such take shall be subject to reinitiation expeditiously.