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<br />000281 <br /> <br />species, and an analysis of the <br />likely effects of the action on the <br />species or habitat based on <br />biological studies, review of the <br />literature and the views of species <br />experts. The assessment also <br />should describe any known future <br />non-federal activities in the <br />action area that are likely to <br />impact the species. 50 C.F.R. <br />&402.12(f). <br /> <br />(d) The data included in the biological <br />assessment may be prepared by the <br />applicant or a non-federal <br />representative (often a consulting <br />firm), but the action agency is <br />responsible for the findings <br />presented in that assessment. 50 <br />C.F.R. & 402.08. <br /> <br />(e) If there is any reason to believe <br />that the agency or the applicant <br />may later wish to appeal a <br />biological opinion to the <br />Endangered Species Committee, a <br />biological assessment should be <br />prepared. See 16 D.S.C. <br />& 1536 (h) (2) (A) . <br /> <br />(f) For non-construction proj ects the <br />agency still needs to assess the <br />likely impacts of the action and <br />present those findings to the <br />Service so that the Service can <br />determine the likely effects on <br />listed or proposed species. <br />Biological assessments are often a <br />useful vehicle for this exercise. <br /> <br />D. Section 9 - The Takings Prohibition. <br /> <br />1. Section 9 prohibits the unauthorized "taking" of <br />endangered species. 16 U.S.C. & 1538 (a) (1) (B). <br /> <br />a. The Service's regulations define the take <br />prohibition very broadly to encompass both <br />direct takings of the species (through <br />wounding, killing, trapping, etc) and <br />indirect takings (through harm arising from <br /> <br />14 <br />