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<br />-) <br /> <br />~ <br /> <br />stocking proposal and all agency comments on the proposal <br />will be distributed to the appropriate State Wildlife <br />Commission for final review and decision. The State <br />Wildlife Commission will provide at least 30 days notice <br />before taking action on the proposal. The States, Service, <br />other participants in the Recovery Program, and other <br />interested parties will be notified of Commissions hearing <br />and invited to provide comments to the Wildlife Commission <br />on the stocking proposal. The basis for the final decision <br />by the Wildlife Commission will be documented and <br />distributed to the public, members of the Recovery Program, <br />and other interested parties. <br /> <br />Steo 4(6). Proposals Subject to Section 7, ESA Consultation. <br /> <br />Section 7 consultation will only be required prior to proceeding <br />with any stocking in cases where the Service in consultation with <br />the lead Federal agency determines that there is a Federal action <br />and/or a Federal discretionary involvement in the stocking <br />proposal and a "may affect" determination or "an adverse <br />modification" to critical habitat determination has been made. <br />Examples of proposals which may require Section 7 consultation <br />include projects where a Federal permit is needed to stock fish on <br />Federal lands (e.g. a National Park or National Recreation Area), <br />the stocking is paid for partially or wholly with Federal funds, <br />the fish are being provided from a Federal fish hatchery. <br /> <br />Section 7 consultation will be conducted by the Service in <br />accordance with the ESA Section 7 Regulations (50 CFR Part 402), <br />as summarized below and in Figure 1.. <br /> <br />Step 4(6)(1). The Service in consultation with the Federal <br />agency that is responsible for approving the project will <br />determine if a the proposed stocking may adversely effect any <br />listed species or adversely modify critical habitat. If the <br />stocking proposal is not likely to adversely affect~ a listed <br />species or modify critical habitat, the Section 7 consultation <br />ends. If this event, the proposal would be reviewed in <br />accordance with Step 4(A), above. <br /> <br />Step 4(6)(2). If a "may effect" determination is made, the <br />Service would then enter into formal Section 7 consultation <br />with the lead Federal agency to determine if the proposed <br />stocking jeopardizes the continued existence of any listed <br />species or adversely modify their critical habitat. The <br />Service has 90 days to complete formal Section 7 Consultation <br /> <br />Step 4(6)(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 or not the action <br />is or is not likely to jeopardize the continued existence of a <br /> <br />13 <br />