[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: 50CFR402.47]



[Page 758]

 

                    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. 402.47  Special consultation procedures for complex FIFRA actions.



    (a) Successive effects determinations. If EPA determines after 

conferring with the Service that consultation on a FIFRA action will be 

unusually complex due to factors such as the geographic area or number 

of species that may be affected by the action, EPA may address the 

effects of the action through successive effects determinations under 

this subpart addressing groupings or categories of species or habitats 

as established by EPA. EPA may initiate consultation based upon each 

such effects determination using the procedure in Sec. 402.46(a), and 

the provisions of Sec. 402.46(b) and (c) shall apply to any such 

consultation. When consultation is conducted under this section, the 

written statement or opinion provided by the Service under Sec. 

402.46(c) constitutes a partial biological opinion as to the species or 

habitats that are the subject of the consultation. While not 

constituting completion of consultation under section 7(a)(2), EPA 

retains authority to use such a partial biological opinion along with 

other available information in making a finding under section 7(d) of 

the Act.

    (b) Opinion of the Secretary. After conclusion of all consultation 

on the FIFRA action, the partial biological opinions issued under 

paragraph (a) of this section shall then collectively constitute the 

opinion of the Secretary and the incidental take statement, reasonable 

and prudent measures, and terms and conditions under section 7(b) of the 

Act except to the extent a partial biological opinion is modified by the 

Service in accordance with the procedures in Sec. 402.46(c). The 

Service shall so advise EPA in writing upon issuance of the last partial 

biological opinion for the consultation.