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<br />'~~~;;::~'"" - <br /> <br />"....~'.' <br />....' ,< "':", <br />~ ", <br />- <br /> <br />Lt. Colonel Dorothy F. Klasse <br /> <br />23 <br /> <br />biological opinion relative to disbursement or use of the funds. The cover ~ <br />letter also shall identify the name and address of the payor. the name and <br />address of the Federal Agency responSible for authorizing the project. and the <br />address of the Service office issuing the biological opinion. This <br />information will be used by the Foundation to notify the payor. the lead <br />Federal Agency. and the Service that payment has been received. <br /> <br />INCIDENTAL TAKE <br /> <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. 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 /> <br />The Service does not anticipate that the proposed water depletions (1.051 <br />acre-feet new and 388 acre-feet historic) will result in any incidental take <br />of the listed species under consultation. Accordingly. no incidental take is <br />authorized. Should any take occur. the Corps must reinitiate formal <br />consultation with the Service and provide detailed circumstances surrounding ~ <br />the take. <br /> <br />CONCLUSION <br /> <br />This concludes the Service's biological opinion on the impacts of the <br />proposed project. The Service has determined that the effect of the new and <br />historic water depletions are likely to jeopardize the continued existence of <br />the Colorado squawfish and razorback sucker and adversely modify critical <br />habitat. A reasonable and prudent alternative which offsets jeopardy to the <br />Colorado squawfish and razorback sucker and adverse modification of their <br />critical habitat has been identified as a result of this consultation. <br /> <br />The reasonable and prudent alternative includes the funding of the lining. <br />operation. and maintenance of a pond at the Wahweap State Fish Hatchery in <br />Utah for the purpose of raising endangered fish for stocking in the San Juan <br />River. <br /> <br />This opinion was based upon the information described herein. If new <br />information becomes available. new species listed. incidental take of the <br />listed fishes occur. or should there be any changes in the total average <br />annual amount of water depleted by this project (1.409 acre-feet per year) or ~ <br /> <br />(),C <br />