[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: 50CFR402.42]



[Page 754-755]

 

                    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. 402.42  Scope and applicability.



    (a) Available consultation procedures. This subpart describes 

consultation procedures available to EPA to satisfy the obligations of 

section 7(a)(2) of the Act in addition to those in subpart B of this 

part for FIFRA actions authorized, funded, or carried out by EPA in 

which EPA has discretionary Federal involvement or control. EPA retains 

discretion to initiate early, informal, or formal consultation as 

described in Sec. Sec. 402.11, 402.13, and 402.14 for any FIFRA action. 

The procedures in this subpart may be employed for FIFRA actions as 

follows:

    (1) Interagency exchanges of information under Sec. 402.43 and 

advance coordination under Sec. 402.44 are available for any FIFRA 

action.

    (2) Alternative consultation under Sec. 402.45 is available for a 

listed species or critical habitat if EPA determines the FIFRA action is 

not likely to adversely affect the listed species or critical habitat.

    (3) Optional formal consultation under Sec. 402.46 is available for 

any FIFRA action with respect to any listed species or critical habitat.

    (4) The special procedures in Sec. 402.47 are available for 

consultations on FIFRA actions that will be unusually complex due to 

factors such as the geographic area or number of species that may be 

affected by the action.

    (5) EPA shall engage in consultation as to all listed species and 

critical habitat that may be affected by a FIFRA action, and may in its 

discretion employ more than one of the available consultation procedures 

for a FIFRA action that may affect more than one listed species or 

critical habitat.

    (6) EPA shall engage in consultation on actions involving requests 

for emergency exemptions under section 18 of FIFRA that may affect 

listed species or critical habitat, and may choose to do so under Sec. 

402.05 or other provisions of this subpart or subpart B of this part. 

Any required formal consultation shall be initiated as soon as 

practicable after the emergency is under control. For the purposes of 

Sec. 402.05(b) the definition of formal consultation in Sec. 402.02 

includes the procedures in Sec. 402.46.

    (7) EPA must prepare a biological assessment for a FIFRA action to 

the extent required by Sec. 402.12.

    (8) EPA must comply with Sec. 402.15 for all FIFRA actions.

    (9) After a consultation under this subpart has been concluded, EPA 

shall reinitiate consultation as required by Sec. 402.16 as soon as 

practicable after a circumstance requiring reinitiation occurs, and may 

employ the procedures



[[Page 755]]



in this subpart or subpart B of this part in any reinitiated 

consultation.

    (b) Exchanges of scientific information. As part of any of the 

additional consultation procedures provided in this subpart, EPA and the 

Services shall establish mutually-agreeable procedures for regular and 

timely exchanges of scientific information to achieve accurate and 

informed decision-making under this subpart and to ensure that the FIFRA 

process considers the best scientific and commercial data available on 

listed species and critical habitat in a manner consistent with the 

requirements of FIFRA and ESA.