United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2004_register executive 2010-09-22 article Part III Rules and Regulations D09002ee1c814bbd5 D09002ee1c814c5e5 United States Department of the Interior originator org United States Government Agency or Subagency United States Fish and Wildlife Service originator org United States Government Agency or Subagency United States Department of Commerce originator org United States Government Agency or Subagency United States National Oceanic and Atmospheric Administration originator org United States Government Agency or Subagency This final rule, developed by the U.S. Department of the Interior, Fish and Wildlife Service (FWS) and the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NOAA Fisheries) (referred to jointly as "Services" and individually as "Service"), after coordination with the Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA), codifies joint counterpart regulations for consultation under section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (ESA), for regulatory actions under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Counterpart regulations, described in general terms in part 402, are intended to provide flexibility in the ways that a federal agency may meet its obligations under the ESA by creating alternative procedures to the section 7 consultation process described in subparts A and B of the same part. These counterpart regulations enhance the efficiency and effectiveness of the section 7 consultation process by increasing interagency cooperation and providing two optional alternatives for completing section 7 consultation for FIFRA regulatory actions. One alternative modifies the process for EPA to conduct informal consultation with the Service for those FIFRA actions that EPA determines are "not likely to adversely affect" any federally- protected threatened and endangered species ("listed species") or critical habitat. The other alternative permits the Service to conduct formal consultation in a manner that more effectively takes advantage of EPA's substantial expertise in evaluating ecological effects of FIFRA regulatory actions on listed species and critical habitats. 69 FR 47732 https://www.govinfo.gov/app/details/FR-2004-08-05/04-17654 04-17654 fr05au04-20 RIN 1018-AI95 RIN 0648-AQ69 4310-55-P https://www.govinfo.gov/app/details/FR-2004-08-05/04-17654 https://www.govinfo.gov/content/pkg/FR-2004-08-05/html/04-17654.htm https://www.govinfo.gov/content/pkg/FR-2004-08-05/pdf/04-17654.pdf Endangered and Threatened Species 31 p. 47732 47762 69 FR 47732 Title 50 Part 402 50 CFR Part 402 RIN 1018-AI95 RIN 0648-AQ69 Joint Counterpart Endangered Species Act Section 7 Consultation Regulations; Federal Register Vol. 69, Issue RULE 04-17654 III DEPARTMENT OF THE INTERIOR Fish and Wildlife Service DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 2004-09-07 4310-55-P 04-17654 Final rule.

This final rule, developed by the U.S. Department of the Interior, Fish and Wildlife Service (FWS) and the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NOAA Fisheries) (referred to jointly as "Services" and individually as "Service"), after coordination with the Environmental Protection Agency (EPA) and the U.S. Department of Agriculture (USDA), codifies joint counterpart regulations for consultation under section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (ESA), for regulatory actions under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Counterpart regulations, described in general terms in part 402, are intended to provide flexibility in the ways that a federal agency may meet its obligations under the ESA by creating alternative procedures to the section 7 consultation process described in subparts A and B of the same part. These counterpart regulations enhance the efficiency and effectiveness of the section 7 consultation process by increasing interagency cooperation and providing two optional alternatives for completing section 7 consultation for FIFRA regulatory actions. One alternative modifies the process for EPA to conduct informal consultation with the Service for those FIFRA actions that EPA determines are "not likely to adversely affect" any federally- protected threatened and endangered species ("listed species") or critical habitat. The other alternative permits the Service to conduct formal consultation in a manner that more effectively takes advantage of EPA's substantial expertise in evaluating ecological effects of FIFRA regulatory actions on listed species and critical habitats.

This rule is effective September 7, 2004. Patrick Leonard, Chief, Division of Consultation, Habitat Conservation Planning, Recovery and State Grants, Endangered and Threatened Species Endangered Species Act: Joint counterpart consultation regulations, http://endangered.fws.gov/consultations/pesticides http://endangered.fws.gov/consultations/s7hndbk/s7hndbk.htm http://www.epa.gov/oscpmont/sap/1997/december/spraydrift.htm http://www.epa.gov/oscpmont/sap/1999/july/boom.pdf http://www.epa.gov/oscpmont/sap/2003/index.htm http://www.epa.gov/pesticides/carat/ http://www.epa.gov/pesticides/ppdc/ http://www.epa.gov/scipoly/sap/ http://www.epa.gov/scipoly/sap/#march Vol. 69, no. 150 Office of the Federal Register, National Archives and Records Administration 2004-08-05 continuing daily deposited born digital 422 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2004-08-05 P0b002ee18096e2e3 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr05au04 https://www.govinfo.gov/app/details/FR-2004-08-05 https://www.govinfo.gov/content/pkg/FR-2004-08-05/pdf/FR-2004-08-05.pdf https://www.govinfo.gov/content/pkg/FR-2004-08-05/xml/FR-2004-08-05.xml fdlp 47353 47762 DGPO 2010-09-22 2024-06-06 FR-2004-08-05 machine generated eng FR FR-2004-08-05 69 150