[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: 50CFR402.31]



[Page 751-752]

 

                    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 C_Counterpart Regulations for Implementing the National Fire 

                                  Plan

 

Sec. 402.31  Purpose.



    The purpose of these counterpart regulations is to enhance the 

efficiency and effectiveness of the consultation process under section 7 

of the ESA for Fire Plan Projects by providing an optional alternative 

to the procedures found in Sec. Sec. 402.13 and 402.14(b) of this part. 

These regulations permit an Action Agency to enter into an Alternative 

Consultation Agreement (ACA) with the Service, as described in Sec. 

402.33, which will allow the Action Agency to determine that a Fire Plan 

Project is ``not likely to adversely affect'' (NLAA) a listed species or 

designated critical habitat without formal



[[Page 752]]



or informal consultation with the Service or written concurrence from 

the Service. An NLAA determination for a Fire Plan Project made under an 

ACA, as described in Sec. 402.33, completes the Action Agency's 

statutory obligation to consult with the Service for that Project. In 

situations where the Action Agency does not make an NLAA determination 

under the ACA, the Action Agency would still be required to conduct 

formal consultation with the Service when required by Sec. 402.14. This 

process will be as protective to listed species and designated critical 

habitat as the process established in subpart B of this part. The 

standards and requirements for formal consultation under subpart B for 

Fire Plan Projects that do not receive an NLAA determination are 

unchanged.