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effects of the project to the listed species and may authorize a limited level of incidental take. <br /> If a Federal agency is not involved with the project, and federally listed species may be taken <br /> as part of the project, then an incidental take permit pursuant to section 10(a) of the Act would <br /> need to be obtained. The Service may issue such a permit upon completion of a satisfactory <br /> conservation plan for the listed species that would be affected by the project. <br /> The following mitigations should be undertaken for the valley elderberry longhorn beetle: <br /> Avoid Habitat Whenever Possible. <br /> Fence and flag each elderberry shrub or group of these plants so that the construction crew can <br /> avoid them. There should be a setback of at least twenty feet from the dripline of each <br /> elderberry shrub. The area must be designated to prevent isolation of the beetle population <br /> from other populations located in adjacent areas. The area should be designated as habitat for <br /> the valley elderberry longhorn beetle in perpetuity. <br /> Brief contractors on the requirements to avoid damaging the elderberry plants and the possible <br /> penalties for not complying with these provisions. These areas should be adequately signed <br /> with the following information: "This area is habitat of the valley elderberry longhorn beetle, a <br /> threatened species, and must not be disturbed. This species is protected by the Endangered <br /> Species Act of 1973, as amended. Violators are subject to prosecution, fines and <br /> imprisonment." The signs should be clearly readable from a distance of at least twenty feet. <br /> Work crews should be informed about the status of the threatened valley elderberry longhorn <br /> beetle and the need to protect its elderberry host plant. All on-site personnel should receive <br /> instruction regarding the presence of the federally protected animal. <br /> 2 <br />