C.F.R. » Title 50 » CHAPTER IV—JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR AND NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE); ENDANGERED SPECIES COMMITTEE REGULATIONS › SUBCHAPTER A › PART 402—INTERAGENCY COOPERATION—ENDANGERED SPECIES ACT OF 1973, AS AMENDED › Subpart A—General

50 C.F.R. § 402.04

Counterpart regulations

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The consultation procedures set forth in this part may be superseded for a particular Federal agency by joint counterpart regulations among that agency, the Fish and Wildlife Service, and the National Marine Fisheries Service. Such counterpart regulations shall be published in the Federal Register in proposed form and shall be subject to public comment for at least 60 days before final rules are published.

Notes of Decisions
Cited in 15 cases, 1981–2014 · leading case: Vill. of False Pass v. Watt, 565 F. Supp. 1123 (D. Alaska 1983).
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Vill. of False Pass v. Watt, 565 F. Supp. 1123 (D. Alaska 1983). · cites it 10× “15 50 C.F.R. § 402.04 . Whenever a federal agency undertakes an activity that may affect an endangered species, it must make a written request for consultation with either the Fish and Wildlife Service or the National Marine' Fisheries Service.”
Vill. of False Pass, Cross-Appellees v. William C. Clark, Cross-Appellants, Amoco Prod. Co., Intervenors, 733 F.2d 605 (9th Cir. 1984). · cites it 4× “” 50 C.F.R. § 402.04 (a)(3) (1982); see also 16 U.”
Stop H-3 Ass'n v. Lewis, 538 F. Supp. 149 (D. Haw. 1982). · cites it 4× “§ 1536 (a)(2), and its associated regulations, 50 C.F.R. § 402.04 (1980). Defendants complied with this order on October 2, 1981.”
Carlos Romero-Barcelo, Etc. v. Harold Brown, 643 F.2d 835 (1st Cir. 1981). “50 C.F.R. § 402.04 . Every agency is required to review its programs and all other activities to determine whether any of its actions possibly affect endangered or threatened species or their habitats.”
Washington Toxics Coalition v. United States Dep't of Interior, 457 F. Supp. 2d 1158 (W.D. Wash. 2006). · cites it 2× “50 C.F.R. § 402.04 (effective June 3, 1986).”
Ctr. for Biological Diversity v. Env't Prot. Agency, 65 F. Supp. 3d 742 (N.D. Cal. 2014). · cites it 2× “2006) (invaliding portion of EPA's counterpart regulations promulgated under 50 C.F.R. § 402.04 through which EPA sought to fulfill section 7 obligations by consulting with itself instead of the Service); see also 50 C.”
Stop H-3 Ass'n v. Dole, 740 F.2d 1442 (9th Cir. 1984). · cites it 3× “In its Order Denying Plaintiffs’ Motion for Partial Summary Judgment as to the Twenty-Sixth Cause of Action, the District Court ruled that the facts showed: (1) USFWS could reasonably conclude that the H-3 project is not likely to jeopardize the continued existence of the…”
State of Cal. by & Through Brown v. Watt, 520 F. Supp. 1359 (C.D. Cal. 1981). “§ 1536 (c)(1); 50 C.F.R. § 402.04 (1980). Section 7(c)(1) provides: To facilitate compliance with the requirements of subsection (a)(2) of this section, each Federal agency shall .”
Defenders of Wildlife v. Hodel, 658 F. Supp. 43 (D. Minnesota 1987). “1 50 C.F.R. § 402.04 (Oct.1984). On June 3, 1986, the Secretary published a final rule that modified the scope of Section 7.”
Sierra Club v. Block, 614 F. Supp. 488 (D.D.C. 1985). “See 50 C.F.R. § 402.04 . These consultations have resulted in special guidelines for conducting the cutting in the vicinity of red-cockaded woodpecker colonies.”
Env't Coalition of Broward Cnty., Inc. v. Myers, 831 F.2d 984 (11th Cir. 1987). “50 C.F.R. 402.04. The district court found that the Corps had consulted with the Fish & Wildlife Service in accordance with 16 U.”
Defenders of Wildlife, Friends of Animals & their Env't v. Hodel, 851 F.2d 1035 (8th Cir. 1988). “See 50 C.F.R. § 402.04 , 43 Fed.Reg. at 874 (1978).”
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