[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: 50CFR402.09]



[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. 402.09  Irreversible or irretrievable commitment of resources.



    After initiation or reinitiation of consultation required under 

section 7(a)(2) of the Act, the Federal agency and any applicant shall 

make no irreversible or irretrievable commitment of resources with 

respect to the agency action which has the effect of foreclosing the 

formulation or implementation of any reasonable and prudent alternatives 

which would avoid violating section 7(a)(2). This prohibition is in 

force during the consultation process and continues until the 

requirements of section 7(a)(2) are satisfied. This provision does not 

apply to the conference requirement for proposed species or proposed 

critical habitat under section 7(a)(4) of the Act.