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<br />. <br /> <br />. <br /> <br />. <br /> <br />'MAY-15-1998 15:55 <br /> <br />BaR LULND <br /> <br />9706633212 P.20/24 <br /> <br />" <br /> <br />19 <br /> <br />. <br />INCIDENTAL TAKE <br /> <br />Section 9 of the Act, as amended, prohibits any taking (harass, harm, pursue, <br />hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in <br />any such conduct) of listed species without a special exemption. Under the <br />terms of section 7{b}(4) and section 7(0){2), taking that is incidental to and <br />not intended as part of the agency action is not considered taking within the <br />bounds of the Act, provided that such taking is in compliance with the <br />incidental take statement. <br /> <br />The Service does not anticipate that the proposed action will result in any <br />incidental take of the endangered fishes. <br /> <br />CONCLUSION <br /> <br />This concludes the Service's biological opinion on the impacts of the <br />proposed project. This opinion was based upon the information described <br />herein. If new information becomes available, new species listed, or s~ould <br />there be any changes in the total average annual amount of water depleted by <br />this project (no more than 17,000 acre-feet per year) or any other project <br />change which alters the operation of the project from that which is described <br />in your correspondence and which may affect any endangered or threatened <br />species in a manner or to an extent not considered in this biological opinion <br />(see SO CFR 402.16), formal section 7 consultation should be reinitiated. <br /> <br />Thank you for your cooperation in the formulation of this biological opinion <br />and your interest in conserving endangered species. <br /> <br />0;;Z ~~;;;;I <br />- ;.;" T 1:"''''' <br />....... . ;. T...~ .d..L <br />