[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: 50CFR402.13]



[Page 747]

 

                    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. 402.13  Informal consultation.



    (a) Informal consultation is an optional process that includes all 

discussions, correspondence, etc., between the Service and the Federal 

agency or the designated non-Federal representative, designed to assist 

the Federal agency in determining whether formal consultation or a 

conference is required. If during informal consultation it is determined 

by the Federal agency, with the written concurrence of the Service, that 

the action is not likely to adversely affect listed species or critical 

habitat, the consultation process is terminated, and no further action 

is necessary.

    (b) During informal consultation, the Service may suggest 

modifications to the action that the Federal agency and any applicant 

could implement to avoid the likelihood of adverse effects to listed 

species or critical habitat.