[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: 50CFR402.40]

[Page 827-828]
 
                    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 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 828]]

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.