[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: 50CFR402.44]



[Page 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. 402.44  Advance coordination for FIFRA actions.



    (a) Advance coordination. EPA may request the Service to designate a 

Service Representative to work with EPA in the development of an effects 

determination for one or more listed species or critical habitat. EPA 

shall make such a request in writing and shall provide sufficient detail 

as to a FIFRA action planned for consultation to enable the Service to 

designate a representative with appropriate training and experience who 

shall normally be available to complete advance coordination with EPA 

within 60 days of the date of designation. Within 14 days of receiving 

such a request, the Service shall advise EPA of the designated Service 

Representative.

    (b) Participation of Service Representative in preparation of 

effects determination. The Service Representative designated under 

paragraph (a) of this section shall participate with EPA staff in the 

preparation of the effects determination identified under paragraph (a) 

of this section. EPA shall use its best efforts to include the 

designated Service Representative in all relevant discussions on the 

effects determination, to provide the designated Service Representative 

with access to all documentation used to prepare the effects 

determination, and to provide the designated Service Representative 

office and staff support sufficient to allow the Service Representative 

to participate meaningfully in the preparation of the effects 

determination. EPA shall consider all information timely identified by 

the designated Service Representative during the preparation of the 

effects determination.