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002335 stocking proposal and all agency comments on the proposal will be distributed to the appropriate State Wildlife Commission for final review and decision. The State Wildlife Commission will provide at least 30 days notice before taking action on the proposal. The States, Service, other participants in the Recovery Program, and other interested parties will be notified of Commissions hearing and invited to provide comments to the Wildlife Commission on the stocking proposal. The basis for the final decision by the Wildlife Commission will be documented and distributed to the public, members of the Recovery Program, and other interested parties. Steo 4(B). Proposals Subject to Section 7, ESA Consultation. Section 7 consultation will only be required prior to proceeding with any stocking in cases where the Service in consultation with the lead Federal agency determines that there is a Federal action and/or a Federal discretionary involvement in the stocking proposal and a "may affect" determination or "an adverse modification" to critical habitat determination has been made. Examples of proposals which may require Section 7 consultation include projects where a Federal permit is needed to stock fish on Federal lands (e.g. a National Park or National Recreation Area), the stocking is paid for partially or wholly with Federal funds, the fish are being provided from a Federal fish hatchery. Section 7 consultation will be conducted by the Service in accordance with the ESA Section 7 Regulations (50 CFR Part 402), as summarized below and in Figure 1.. Step 4(B)(I). The Service in consultation with the Federal agency that is responsible for approving the project will determine if a the proposed stocking may adversely effect any listed species or adversely modify critical habitat. If the stocking proposal is not likely to adversely affect~ a listed species or modify critical habitat, the Section 7 consultation ends. If this event, the proposal would be reviewed in accordance with Step 4(A), above. Step 4(B)(2). If a "may effect" determination is made, the Service would then enter into formal Section 7 consultation with the lead Federal agency to determine if the proposed stocking jeopardizes the continued existence of any listed species or adversely modify their critical habitat. The Service has 90 days to complete formal Section 7 Consultation Step 4(B)(3). The Service will issue its biological opinion within 45 days after completion of Section 7 consultation. The Service's biological opinion will include a detailed discussion of the effects of the action on listed species and critical habitat and the Service's opinion on whether or not the action is or is not likely to jeopardize the continued existence of a 13