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<br />OOlG55 <br /> <br />take statement covers a Federal agency from a Section 9 <br />violation within the limits of the allowed take and will <br />include reasonable and prudent measures and terms and <br />conditions required to reduce/minimize the amount of <br />incidental take. <br /> <br />. jeopardy opinions will also contain a reasonable and <br />prudent alternative that is as close to the proposed action as <br />possible, is legally/economically/technologically implementable <br />but one that can be implemented without jeopardizing the species <br />and/or critical habitat. <br /> <br />- the Fish and Wildlife Service (FWS)may also provide <br />discretionary conservation recommendations that the action <br />agency may implement. <br /> <br />- time frames: 90 days for the 'consultation' and 45 days to <br />deliver a biological opinion (i.e. 135 days). <br /> <br />. Reinination of consultation is required if: <br /> <br />~ <br /> <br />- the amount or extent of incidental take is exceeded, <br /> <br />new information becomes available (on the listed species and/or <br />critical habitat considered in the original consultation), <br /> <br />the action is modified or implemented in a manner different that <br />proposed, and/or <br /> <br />a new species is listed or critical habitat designated. <br /> <br />Section 9. Prohibited Acts. <br /> <br />. Prohibits and makes unlawful the importation, exportation, 'taking', <br />possession, delivery and/or selling of listed species and provides for <br />the penalties for engaging in such activities in ~ 11. <br /> <br />. 'Take' as defined by the ESA means to "harass, harm, pursue, hunt, <br /> <br />6 <br />