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Ira W. Hatch, District Ranger 12 <br />The Forest Service should condition PacifiCorp's 1993 coal exploration permit <br />to retain jurisdiction in the event that the Program is unable to implement <br />the Plan in a timely manner. In that case, as long as the lead Federal Agency <br />has discretionary authority over the project, reinitiation of Section 7 <br />consultation may be required so that a new reasonable and prudent alternative <br />can be developed by the Service. <br />INCIDENTAL TAKE <br />Section 9 of the Endangered Species Act, as amended, prohibits any taking <br />(harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or <br />attempt to engage in any such conduct) of listed species without a special <br />exemption. Harm is further defined to include significant habitat <br />modification or degradation that results in death or injury to listed species <br />by significantly impairing behavioral patterns such as breeding, feeding, or <br />sheltering. Under the terms of Section 7(b)(4) and Section 7(0)(2), taking <br />that is incidental to and not intended as part of the agency action is not <br />considered taking within the bounds of the Endangered Species Act, provided <br />that such taking is in compliance with the incidental take statement. <br />The Service does not anticipate that the proposed action will result in any <br />incidental take of the endangered fishes. <br />CONCLUSION <br />This concludes the Service's biological opinion on the impacts of the proposed <br />project. This opinion was based upon the information described herein. If <br />new information becomes available, new species listed, or should there be any <br />changes in the total average annual amount of water depleted by this project <br />(0.74 acre -feet per year) or any other project change which alters the <br />operation of the project from that which is described in. the biological <br />assessment and which may affect any endangered or threatened species in a <br />manner or to an extent not considered in this biological opinion (see <br />50 CFR 402.16), formal Section 7 consultation should be reinitiated. <br />Thank you for your cooperation in the formulation of this biological opinion <br />and your interest in conserving endangered species. <br />Sincerely, <br />Regional Director <br />bcc: FWS /ES, Salt Lake City, UT <br />Director, UDWR, Salt Lake City, UT <br />RO rf, RD rf <br />ES file, rf <br />ES:JLutey:vs:9 /13/93 <br />File: <br />