[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: 50CFR402.47]

[Page 832]
 
                    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. 402.47  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.