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,-., '....- C"~ >,,":~) 34 -, . (.,) ~ 4.0 COMPLIANCE WITH THE ENDANGERED SPECIES ACT 4.1 Requirements of Compliance Section 7 (a) (1) of the Endangered Species Act directs all federal agencies to utilize their authorities in furtherance of the purposes of the Act by carrying out programs for the conservation of endangered and threatened species. The terms "conserve," "conserving," and "conservation" are defined in the Act as to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to the Act are no longer necessary. Section 7 (a) (2) of the Act further requires that all federal agencies consult/confer with the U.S. Fish and wildlife Service regarding species protected under the Act. Consultation is necessary to ensure actions authorized, funded, or carried out by such agencies are not likely to jeopardize the continued existence of any threatened or endangered species, or result in the destruction or adverse modification of designated critical habitat. The Endangered Species Act states that each federal agency will confer with the Service "on any action which is likely to jeopardize the continued existence of any species proposed to be listed . . or result in the destruction or adverse modification of critical habitat proposed to be designated for such species." Formal section 7 consultation under 16 U.S.C. 1536 of the Endangered Species Act is required for any federal action that "may affect" listed species or result in destruction or adverse modification of critical habitat. A conference is required if a federal action is likely to jeopardize the continued existence of any species proposed for listing as threatened or endangered, or result in the adverse modification of proposed critical habitat. The procedures and agency responsibilities under section 7 consultation must be followed for such federal actions in the Basin, including actions under the Implementation Program. In rendering biological opinions on federal actions resulting in minor depletions, the Service will consider all new information concerning project impacts and the status of the listed species, and good faith implementation of the Implementation Program in determining if sufficient progress has been made to offset depletion impacts, or any other project-induced impacts, on listed fish. It is understood that the aggregate of all minor depletions subject to section 7 consultation during the 7-year research period may result in a total annual depletion of not more than 3,000 acre-feet under the conditions of this paragraph.