[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR402.08]

[Page 818]
 
                    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 
 
                            Subpart A_General
 
Sec. 402.08  Designation of non-Federal representative.

    A Federal agency may designate a non-Federal representative to 
conduct informal consultation or prepare a biological assessment by 
giving written notice to the Director of such designation. If a permit 
or license applicant is involved and is not the designated non-Federal 
representative, then the applicant and Federal agency must agree on the 
choice of the designated non-Federal representative. If a biological 
assessment is prepared by the designated non-Federal representative, the 
Federal agency shall furnish guidance and supervision and shall 
independently review and evaluate the scope and contents of the 
biological assessment. The ultimate responsibility for compliance with 
section 7 remains with the Federal agency.