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<br />OJ2381: <br /> <br />(a) the likelihood that the proposed stocking will result in a <br />"taking" under Section 9 of the Endangered Species Act (ESA) <br />and (b) the implications of the proposed stocking to the <br />viability of the Recovery Program to serve as a reasonable and <br />prudent alternative to water development projects that are <br />subject to Section 7 consultation. <br /> <br />SteD 3. Informal ESA Consultation. The proponent of the proposal will <br />within 30 days contact the Service to determine (a) if any <br />Federally listed or candidate species may be affected by the <br />stocking proposal, (b) if a review of the stocking proposal <br />pursuant to Section 7 of the ESA is required, and (c). other ESA <br />requirements, if any, that need to be addressed during the <br />review of the stocking proposal. The proponent of a stocking <br />proposal may elect to withdraw or modify a proposal based on <br />the results of informal ESA consultation. <br /> <br />SteD 4(A) Proposals Not Subject to Section 7, ESA Consultation. <br /> <br />Most proposals to stock nonnative fishes are initiated by State <br />or private parties and do not require Federal approval, <br />authorization, funding, etc., which would invoke a review <br />pursuant to Section 7 of the ESA. Reviews of stocking <br />proposals that do not require Section 7 consultation would be <br />in accordance with the following process. <br /> <br />Step 4(A)(I). At the conclusion of the 60 day comment <br />period, the States and the Service would review the comments <br />and within 30 days indicate whether they support or oppose <br />the proposed stocking. These .parties will make a concerted <br />effort to resolve any disagreements or objections to the <br />proposal. If none of these parties objects to the proposal <br />or if disagreements over the proposal are resolved, then the <br />proponent can proceed to implement the proposal. The <br />proponent of the proposal may also elect to withdraw the <br />proposal based on identified concerns. <br /> <br />Step 4(A)(2). In the event that an agency(s) still objects <br />to a proposal and the proponent still desires to proceed, <br />the proposal and the review comments will be submitted to <br />the Regional Director of the Service and the Directors of <br />the State Wildlife agencies. Within 30 days, these parties <br />will make a concerted effort to resolve any disagreements or <br />objections to the proposal. The Regional Director of the <br />FWS and the Directors of the State wildlife agencies, may at <br />their discretion, meet.as a panel to discuss the proposal <br />and accept public comment. If objections are resolved, then <br />the proponent can proceed to implement the proposal. The <br />proponent of the proposal may also' elect to withdraw the <br />.proposal based on identified concerns. <br /> <br />Step 4(A)(3). In the event that the disagreements can not <br />be resolved and the proponent still desires to proceed, the <br /> <br />12 <br />