[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: 50CFR402.16]



[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. 402.16  Reinitiation of formal consultation.



    Reinitiation of formal consultation is required and shall be 

requested by the Federal agency or by the Service, where discretionary 

Federal involvement or control over the action has been retained or is 

authorized by law and:

    (a) If the amount or extent of taking specified in the incidental 

take statement is exceeded;

    (b) If new information reveals effects of the action that may affect 

listed species or critical habitat in a manner or to an extent not 

previously considered;

    (c) If the identified action is subsequently modified in a manner 

that causes an effect to the listed species or critical habitat that was 

not considered in the biological opinion; or

    (d) If a new species is listed or critical habitat designated that 

may be affected by the identified action.