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<br />. <br /> <br />. <br /> <br />Incidental Take Statement <br /> <br />Section 9 of the Act and Federal regulation pursuant to 4(d) of the <br />Act prohibit the take of endangered and threatened species, <br />respectively, without special exemption. Take is defined as to harass, <br />harms, pursue, hun~, shoot, wound; kill, trap, capture or collect, or <br />attempt to engage 1n any such conduct. Harm is further defined by the <br />Service to include significant habitat modification or degradation that <br />results in death or injury to listed species by significantly impairing <br />essential behavioral patterns, including breeding, feeding or . <br />sheltering. Harass is defined by the Service as intentional or <br />negligent actions that create the likelihood of injury to listed species <br />to such an extent as to significantly disrupt normal behavioral patters <br />which include, but are not limited to, breeding, feeding, or sheltering. <br />Incidental take is defined as take that is. incidental to., and not the <br />purpose of. carrying out of otherwise lawful activity. Under the terms <br />of Section 7(b) (4) and section 7(o}(2), taking that is incidental to and <br />not intended as part of this permitted action is not considered to be <br />prohibited taking under the act provided that such taking is in <br />compliance with the terms and conditions of this Incidental Take <br />Statement. . <br />Amount or e~tent of take anticipated: <br />The Service anticipates incidental take of Preble's through direct <br />killing will be difficult to detect due to their small size and <br />hibernation underground. However, the following level of take can be <br />anticipated. by loss of food, cover, and other essential habitat <br />elements. The Service anticipates that the proposed action will result <br />in incidental take of an undetermined number of Preble's through <br />temporary loss of 0.01 acres of riparian and 3.33 acres of upland <br />habitat, and permanent loss of 0.01. acres of riparian habitat and 0.90 <br />acres of upland habitat, as allocated in Table 2. In this biological <br />opinion. the Service determined that this level of anticipated take is <br />not likely to result in jeopardy to the species or destruction or <br />adverse modification of critical habitat. <br /> <br />FUI1het InfonnaUon: <br /> <br />1. CongressionBl Autl1orilles: You ha.V9 beet1 authort!ed to undertake the activity described above pulsuant 10: <br /> <br />() s..ction 10 of the Rl'\iers and Harllors Act Of 1899/33 U.S,C. 403), <br /> <br /> <br />( ) SectJon.404 of the Clean Water Act (33 U.S.C. 130\4), <br /> <br /> <br />I) Section 103 of \he Marine Proteclion. Research and.S8n<:tuaries Act of 1972 (33 U.S.C. 1413). <br /> <br />2. Umits of this e~. <br />a. This permit does 1101 obviate the need to obl8in olher Feder;lI. Slate. or Iocalautho:izaUons required by law. <br />b. This perm" does not granl any property righl$ or exclusive privilege.. <br /> <br />EJo!G flllll11721. I<<lY IliI . <br /> <br />EDITION Of 5EP 82 1$ OBSOlEn. <br /> <br />33 CFfl 325 {Appendix All <br /> <br />4 <br />