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o ':'",) C.":> . " " '"""" ~ Section 9 of the Endangered Species Act. as amended. prohibits any taking (harass. harm, pursue. hunt, shoot, wound. kill, trap, capture or collect, or attempt to engage in any such conduct) of listed species without a special exemption. Harm. is further defined to include significant habitat modification or degradation that results in death or injury to listed species by Significantly impairing behavioral patterns such as breeding, feeding, or sheltering, Under the terms of Section 7(b)(4) and Section 7(0)(2), taking that is incidental to and not intended as part of the agency action is not considered taking within the bounds of the Endangered Species Act provided that such taking is in compliance with the incidental take statement, All researchers operating under the aegis of or in cooperation with the San Juan River Basin Recovery Implementation Program have permitted take of listed species under scientific collection permits, Numbers of individuals of Colorado squawfish permitted for take by each researcher may vary depending upon the type of research and need for collection, It is not anticipated that the experimental stocking and monitoring effort will require an increase in that number of Colorado squawfish taken under the permit. Therefore, incidental take for this action is set at the number of individuals included in existing collection permits, CONCLUSION This concludes our biological opinion on the impacts of the proposed experimental stocking of Age-O Colorado squawfish by the State of Utah in the San Juan River. The Service has determined that the impacts of the pro~osed action are not likely to jeopardize the continued existence of the Colorado squawfish and will not affect the razorback sucker. The Service has also determined that the action under consideration would not be likely to adversely modify or destroy critical habitat for the Colorado squawfish or razorback sucker. This opinion was based upon the best scientific ,md commercial data available as described herein, As required by 50 CFA 402.16, reinitiation of formal consultation is required if: (1) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the action that may impact listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in this opinion; or (4) a new species is listed or critical nabitat designated that may be affected by the action. cc: Department of the Interior, Regional Solicitor's Office, Albuquerque, New Mexico 14