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'4 • <br />to meet the instream flow needs of the endansered fishes; or, when recorrtmended by the <br />Implementation Committee, the funds will be used to support other recovery activities for the <br />endangered fishes. All payments should be made to the Foundation. <br />National Fish and Wildlife Foundation <br />1120 Connecticut Avenue, N.W. <br />Suite 900 <br />Washington, D.C. 20036 <br />In a letter dated November 5, 1999, Bowie Resources Limited agreed to this payment (Appendix <br />A). <br />Each payment is to be accompanied by a cover letter that identifies the project and biological <br />opinion number that requires the payment, the amount of payment enclosed, check number, and <br />any special conditions identified in the biological opinion relative to disbursement or use of the <br />funds (there are none in this instance). The cover letter also shall identify the name and address <br />of the payor, the name and address of the Federal Agency responsible for authorizing the project, <br />and the address of the Service office isstiing the biological opinion. This information will be <br />used by the Foundation to notify the payor, the lead Federal Agency, and the Service that <br />payment has been received. The Foundation is to send notices of receipt to these entities within <br />3 working days of its receipt of payment. <br />INCIDENTAL TAKE <br />Section 9 of the Endangered Species Act, as amended, prohibits any taking (harass, harm, pursue, <br />hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct) of <br />listed species without a special exemption. Under the terms of section 7(b)(4) and section <br />7(0)(2), taking that is incidental to and not intended as part of the agency action is not considered <br />taking within the bounds of the Endangered Species Act, provided that such taking is in <br />compliance with the incidental take statement. <br />The Service does not anticipate that the proposed action will result in any incidental take of the <br />endangered fishes. <br />CONCLUSION <br />This concludes the Service's biological opinion on the impacts of the proposed project. This <br />opinion was based upon the information described herein. If new information becomes available, <br />if a new species becomes listed, if incidental take occurs, if the total average annual amount of <br />water depleted by this project changes, or if any other project element changes which alters the <br />operation of the project from that which is described in your correspondence and which may <br />affect any endangered or threatened species in a manner or to an extent not considered in this • <br />biological opinion (see 50 CFR 402.16), formal section 7 consultation should be reinitiated. The <br />