[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: 50CFR402.32]



[Page 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. 402.32  Scope.



    (a) Section 402.33 establishes a process by which an Action Agency 

may determine that a proposed Fire Plan Project is not likely to 

adversely affect any listed species or designated critical habitat 

without conducting formal or informal consultation or obtaining written 

concurrence from the Service.

    (b) Section 402.34 establishes the Service's oversight 

responsibility and the standard for review under this subpart.

    (c) Nothing in this subpart C precludes an Action Agency at its 

discretion from initiating early, informal, or formal consultation as 

described in Sec. Sec. 402.11, 402.13, and 402.14, respectively.

    (d) The authority granted in this subpart is applicable to an Action 

Agency only where the Action Agency has entered into an ACA with the 

Service. An ACA entered into with one Service is valid with regard to 

listed species and designated critical habitat under the jurisdiction of 

that Service whether or not the Action Agency has entered into an ACA 

with the other Service.