[Code of Federal Regulations]

[Title 50, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 50CFR402.05]



[Page 743]

 

                    TITLE 50--WILDLIFE AND FISHERIES

 

CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 

 

PART 402_INTERAGENCY COOPERATION_ENDANGERED SPECIES ACT OF 1973, AS 

AMENDED--Table of Contents

 

                            Subpart A_General

 

Sec. 402.05  Emergencies.



    (a) Where emergency circumstances mandate the need to consult in an 

expedited manner, consultation may be conducted informally through 

alternative procedures that the Director determines to be consistent 

with the requirements of sections 7(a)-(d) of the Act. This provision 

applies to situations involving acts of God, disasters, casualties, 

national defense or security emergencies, etc.

    (b) Formal consultation shall be initiated as soon as practicable 

after the emergency is under control. The Federal agency shall submit 

information on the nature of the emergency action(s), the justification 

for the expedited consultation, and the impacts to endangered or 

threatened species and their habitats. The Service will evaluate such 

information and issue a biological opinion including the information and 

recommendations given during the emergency consultation.