[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: 50CFR402.40]



[Page 753-754]

 

                    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 D_Counterpart Regulations Governing Actions by the U.S. 

Environmental Protection Agency Under the Federal Insecticide, Fungicide 

                           and Rodenticide Act

 

Sec. 402.40  Definitions.



    Source: 69 FR 47759, Aug. 5, 2004, unless otherwise noted.





    The definitions in Sec. 402.02 are applicable to this subpart. In 

addition, the following definitions are applicable only to this subpart.

    (a) Alternative consultation agreement is the agreement described in 

Sec. 402.45.

    (b) Effects determination is a written determination by the U.S. 

Environmental Protection Agency (EPA) addressing the effects of a FIFRA 

action on listed species or critical habitat. The contents of an effects 

determination will depend on the nature of the action. An effects 

determination submitted under Sec. 402.46 or Sec. 402.47 shall contain 

the information described in Sec. 402.14(c)(1)-(6) and a summary of the 

information on which the determination is based, detailing how the FIFRA 

action affects the listed species or critical habitat. EPA may consider 

the following additional sections for inclusion in an effects 

determination:

    (1) A conclusion whether or not the FIFRA action is likely to 

jeopardize the continued existence of any listed species or result in 

the destruction or adverse modification of critical habitat and a 

description of any reasonable and prudent alternatives that may be 

available;

    (2) A description of the impact of any anticipated incidental taking 

of such listed species resulting from the FIFRA action, reasonable and 

prudent measures considered necessary or appropriate to minimize such 

impact, and terms and conditions necessary to implement such measures; 

and

    (3) A summary of any information or recommendations from an 

applicant. An effects determination shall be based on the best 

scientific and commercial data available.

    (c) FIFRA action is an action by EPA to approve, permit or authorize 

the sale, distribution or use of a pesticide under sections 136-136y of 

the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et 

seq. (FIFRA). In any consultation under this subpart, EPA shall 

determine the nature and scope of a FIFRA action.

    (d) Listed species is a species listed as endangered or threatened 

under section 4 of the Act.

    (e) Partial biological opinion is the document provided under Sec. 

402.47(a), pending the conclusion of consultation under Sec. 402.47(b), 

stating the opinion of the Service as to whether or not a



[[Page 754]]



FIFRA action is likely to jeopardize the continued existence of one or 

more listed species or result in the destruction or adverse modification 

of one or more critical habitats, and describing the impact of any 

anticipated incidental taking of such listed species resulting from the 

FIFRA action, reasonable and prudent measures considered necessary or 

appropriate to minimize such impact, and terms and conditions necessary 

to implement such measures.

    (f) Service Director refers to the Director of the U.S. Fish and 

Wildlife Service or the Assistant Administrator for Fisheries for the 

National Oceanic and Atmospheric Administration.

    (g) Service Representative is the person or persons designated to 

participate in advance coordination as provided in this subpart.