[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: 50CFR402.15]



[Page 751]

 

                    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. 402.15  Responsibilities of Federal agency following issuance of 

a biological opinion.



    (a) Following the issuance of a biological opinion, the Federal 

agency shall determine whether and in what manner to proceed with the 

action in light of its section 7 obligations and the Service's 

biological opinion.

    (b) If a jeopardy biological opinion is issued, the Federal agency 

shall notify the Service of its final decision on the action.

    (c) If the Federal agency determines that it cannot comply with the 

requirements of section 7(a)(2) after consultation with the Service, it 

may apply for an exemption. Procedures for exemption applications by 

Federal agencies and others are found in 50 CFR part 451.