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<br />modified sufficiently to address the concerns, then the. <br />proponent can proceed to implement the proposal. The proponent <br />of the proposal may also elect to withdraw the proposal based on <br />identified concerns. <br /> <br />Steo 4(A)(3). In the event that the disagreements cannot be <br />resolved and the proponent still desires to proceed. the <br />stocking proposal and all agency comments on the proposal will <br />. be di stri buted to the ?ppropri ate State Wil dl i fe Commi 5si on for <br />final review and decision. The State Wildlife Commission will <br />provide at least a 3D-day notice before taking action on the <br />proposal. The States, Service. other participants in the <br />Recovery Program. and other interested parties will be notified <br />of State Wildlife Commission hearing and be invited to provide <br />comments to the Commission on the stocking proposal. The <br />Service will advise the Commission if there is a potential for <br />"take" as defined by the ESA. as amended. The basis for the <br />final decision by the State Wildlife Commission will be <br />documented and distributed to the public on the Recovery <br />Program's mailing list, members of the Recovery Program, and <br />other interested parties. <br /> <br />Steo 4(8) Proposals Subiect 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 <br />with the lead Federal agency. determines that there is a Federal <br />action and/or Federal discretionary involvement in the stocking <br />proposal that "may affect" an endangered fish or result in "an <br />adverse modification" to its critical habitat. Examples of <br />proposals which may require section 7 consultation include <br />projects where a Federal permit is needed to stock fish on <br />Federal lands. the stocking is paid for partially or wholly with <br />Federal funds. and/or the fish are being provided'from a Federal <br />fish hatchery. <br /> <br />Section 7 consultation will be conducted by tne Service in <br />accordance with the ESA section 7 Regulations (50 CFR Part 402), <br />as summarized below. <br /> <br />Steo 4(8)(1). The Service in consultation with the Federal <br />agency that is responsible for approving the project will <br />determine if the proposed stocking may affect any listed species <br />or adversely modify critical habitat. If the stocking proposal <br />is not likely to adversely affect a listed species or modify <br />critical habitat, the section 7 consultation ends.' In this <br />event. the proposal would be reviewed in accordance with Step <br />4(A). above. <br /> <br />Step 4(8)(2). If a "may affect" determination is made, the <br />Service would then enter into formal section 7 consultation with <br />the lead Federal agency to determine if the proposed stocking <br /> <br />14 <br />