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CONCLUSION <br />After reviewing the current status of the Canada lynx, the environmental baseline for the action • <br />area, the effects of the action, and the cumulative effects, it is the Service's biological opinion <br />that Dry Fork Federal Coal Lease-by-Application Project is not likely to jeopardize the continued <br />existence of the Canada lynx. <br />On November 9, 2005, the Service published a proposed rule designating critical habitat for <br />lynx. Habitats within Colorado were not included in the proposed rule. Therefore the proposed <br />action will not affect proposed critical habitat. <br />INCIDENTAL TAKE STATEMENT <br />Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take <br />of endangered and threatened species, respectively, without special exemption. Take is defined <br />as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to <br />engage in any such conduct. Harm is further defined by the Service to include significant habitat <br />modification or degradation that results in death or injury to listed species by significantly <br />impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is <br />defined by the Service as intentional or negligent actions that create the likelihood of injury to <br />listed species to such an extent as to significantly disrupt normal behavior patterns which <br />include, but are not limited to, breeding, feeding or sheltering. Incidental take is defined as take <br />that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. <br />Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and not <br />intended as part of the agency action is not considered to be prohibited taking under the Act • <br />provided that such taking is in compliance with the terms and conditions of this incidental take <br />statement. <br />Amount or Extent of Take <br />The Service does not anticipate that incidental take of lynx will result from the proposed action. <br />Effect of the Take <br />Since the Service does not anticipate any incidental take there is no effect of take. <br />Reasonable and Prudent Measures <br />Since no incidental take is anticipated, no reasonable and prudent measures are necessary. <br />Terms and Conditions <br />Since no incidental take is anticipated, no terms and conditions are necessary. <br />CONSERVATION RECOMMENDATIONS <br />Section 7(a)(1) of the Act requires Federal agencies to utilize their authorities to further the • <br />purposes of the Act by carrying out conservation programs for the benefit of endangered and <br />20