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<br />~~ <br />17 <br />INCIDENTAL TAKE <br />Section 9 of the Endangered Species Act, as amended, prohibits any taking <br />(harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or <br />attempt to engage in any such conduct) of listed species without a special <br />exemption. Under the terms of section 7(b)(4) and section 7(0)(2), taking <br />that is incidental to and not intended as part of the agency action is not <br />considered taking within the bounds of the Endangered Species Act, provided <br />that such taking is in compliance with the incidental take statement. <br />The Service does not anticipate that the proposed action will result in any <br />incidental take of the endangered fishes. <br />CONCLUSION <br />This concludes the Service's biological opinion on the impacts of the proposed <br />project. This opinion was based upon the information described herein. If <br />new information becomes available, new species listed, or should there be any <br />changes in the total average annual amount of water depleted by this project <br />(121.8 acre-feet per year) or any other project change which alters the <br />operation of the project from that which is described in your correspondence <br />and which may affect any endangered or threatened species in a manner or to an <br />extent not considered in this biological opinion (see 50 CFR 402.16), formal <br />section 7 consultation should be reinitiated. <br />Thank you for your cooperation in the formulation of this biological opinion <br />and your interest in conserving endangered species. <br />Sincerely, <br />r.~ (d' <br />,ai ~ ~~. Mcrgenw <br />Regional Director <br />