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