[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: 50CFR402.08]



[Page 744]

 

                    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. 402.08  Designation of non-Federal representative.



    A Federal agency may designate a non-Federal representative to 

conduct informal consultation or prepare a biological assessment by 

giving written notice to the Director of such designation. If a permit 

or license applicant is involved and is not the designated non-Federal 

representative, then the applicant and Federal agency must agree on the 

choice of the designated non-Federal representative. If a biological 

assessment is prepared by the designated non-Federal representative, the 

Federal agency shall furnish guidance and supervision and shall 

independently review and evaluate the scope and contents of the 

biological assessment. The ultimate responsibility for compliance with 

section 7 remains with the Federal agency.