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<br /> <br />002719 <br /> <br /> <br />jeopardizes the continued existence of any listed species or <br />adversely modifies their critical habitat. The Service has 90 <br />days to complete formal section 7 consultation, <br /> <br />Steo 4(B)(3), The Service will issue its biological opinion <br />within 45 days after completion of section 7 consultation, The <br />Service's biological opinion will include a detailed discussion <br />of the effects of the action on listed species and critical <br />habitat and the Service's opinion on whether the action is or is <br />not likely to jeopardize the continued existence of a listed <br />species or result in the destruction or adverse modification of <br />its critical habitat. <br /> <br />If the biological opinion concludes the project will jeopardize <br />and/or result in adverse modification of critical habitat, <br />"reasonable and prudent alternatives" if available will be <br />provided. An alternative is considered to be "reasonable and <br />prudent" if it (a) can be implemented in a manner consistent <br />with the intended purpose of the project. (b) can be implemented <br />within the scope of the Federal agency's authority or <br />jurisdiction, (c) is technologically feasible, and (d) avoids <br />jeopardy to the species or adverse modification of critical <br />habitat. <br /> <br />Upon issuance of the biological opinion, the Federal agency <br />shall determine whether and in what manner to proceed with the <br />project, If the project concludes with a no jeopardy biological <br />opinion the proponent would submit the stocking proposal to the <br />other States for a 3D-day review. Resolution of any issues over <br />a stocking proposal among the States would be in accordance with <br />Step 4(A). above. <br /> <br />X. REPORTING <br /> <br />1, Annual reoortinq <br /> <br />A, Nonsalmonid. nonnative fish species that are stocked into the <br />Upper Colorado River Basin. following these Procedures, must be <br />reported to the Service (who will then forward a copy to the <br />Recovery Program Director) by the respective wildlife agency no <br />later than December 31st of the year in which the stocking <br />occurs. The report will include all nonsalmonid, nonnative <br />fishes stocked in routine stocking covered in Section IV and <br />any waters approved after case-by-case review. The report will <br />include the results of the annual inspection of screens and <br />berms on both public and private waters, recommendations for <br />addressing any problems noted or foreseeable problems, and <br />actions taken or planned to correct these problems.' <br /> <br />15 <br />