[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: 50CFR402.10]



[Page 744-745]

 

                    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 B_Consultation Procedures

 

Sec. 402.10  Conference on proposed species or proposed critical habitat.





    (a) Each Federal agency shall confer with the Service on any action 

which is likely to jeopardize the continued existence of any proposed 

species or result in the destruction or adverse modification of proposed 

critical habitat. The conference is designed to assist the Federal 

agency and any applicant in identifying and resolving potential 

conflicts at an early stage in the planning process.

    (b) The Federal agency shall initiate the conference with the 

Director. The Service may request a conference if, after a review of 

available information, it determines that a conference is required for a 

particular action.

    (c) A conference between a Federal agency and the Service shall 

consist of informal discussions concerning an action that is likely to 

jeopardize the continued existence of the proposed species or result in 

the destruction or adverse modification of the proposed critical habitat 

at issue. Applicants may be involved in these informal discussions to 

the greatest extent practicable. During the conference, the Service will 

make advisory recommendations, if any, on ways to minimize or avoid 

adverse effects. If the proposed species is subsequently listed or the 

proposed critical habitat is designated prior to completion of the 

action, the Federal agency must review the action to determine whether 

formal consultation is required.

    (d) If requested by the Federal agency and deemed appropriate by the 

Service, the conference may be conducted in accordance with the 

procedures for formal consultation in Sec. 402.14. An opinion issued at 

the conclusion of the conference may be adopted as the biological 

opinion when the species is listed or critical habitat is designated, 

but only if no significant new information is developed (including that 

developed during the rulemaking process on the proposed listing or 

critical habitat designation) and no significant changes to the Federal 

action are made that would alter the content of the opinion. An 

incidental take statement provided with



[[Page 745]]



a conference opinion does not become effective unless the Service adopts 

the opinion once the listing is final.

    (e) The conclusions reached during a conference and any 

recommendations shall be documented by the Service and provided to the 

Federal agency and to any applicant. The style and magnitude of this 

document will vary with the complexity of the conference. If formal 

consultation also is required for a particular action, then the Service 

will provide the results of the conference with the biological opinion.