50 CFR § 450.01 - General Provisions

416 SUBCHAPTER C—ENDANGERED SPECIES EXEMPTION PROCESS PART 450—GENERAL PROVISIONS AUTHORITY: Endangered Species Act of 1973, 16 U.S.C. 1531, et seq., as amended. § 450.01 Definitions The following definitions apply to terms used in this subchapter. Act means the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531, et seq. Agency action means all actions of any kind authorized, funded or carried out, in whole or in part by Federal agencies, including, in the instance of an application for a permit or license, the underlying activity for which the permit or license is sought. Alternative courses of action means all reasonable and prudent alternatives, including both no action and alter natives extending beyond original project objectives and acting agency jurisidiction. Benefits means all benefits of an agency action, both tangible and intan gible, including but not limited to eco nomic, environmental and cultural benefits. Biological assessment means the report prepared pursuant to section 7(c) of the Act, 16 U.S.C. 1536(c). Biological opinion means the written statement prepared pursuant to section 7(b) of the Act, 16 U.S.C. 1536(b). Chairman means the Chairman of the Endangered Species Committee, who is the Secretary of the Interior. Committee means the Endangered Spe cies Committee established pursuant to section 7(e) of the Act, 16 U.S.C. 1536(e). Critical habitat refers to those areas listed as Critical Habitat in 50 CFR parts 17 and 226. Destruction or adverse modification is defined at 50 CFR 402.02. Federal agency means any depart ment, agency or instrumentality of the United States. Irreversible or irretrievable commitment of resources means any commitment of resources which has the effect of fore closing the formulation or implemen tation of any reasonable or prudent al ternatives which would not violate sec tion 7(a)(2) of the Act. Jeopardize the continued existence of is defined at 50 CFR 402.02. Mitigation and enhancement measures means measures, including live propa gation, tranplantation, and habitat ac quisition and improvement, necessary and appropriate (a) to minimize the ad verse effects of a proposed action on listed species or their critical habitats and/or (b) to improve the conservation status of the species beyond that which would occur without the action. The measures must be likely to protect the listed species or the critical habitat, and be reasonable in their cost, the availability of the technology required to make them effective, and other con siderations deemed relevant by the Committee. Permit or license applicant means any person whose application to an agency for a permit or license has been denied primarily because of the application of section 7(a)(2) of the Act, 16 U.S.C. 1536(a)(2). Person means an individual, corpora tion, partnership, trust, association, or any other private entity, or any public body or officer, employee, agent, de partment, or instrumentality of the Federal government, of any State or political subdivision thereof, or of any foreign government. Proposed action means the action pro posed by the Federal agency or by a permit or license applicant, for which exemption is sought. Secretary means the Secretary of the Interior or the Secretary of Commerce, or his or her delegate, depending upon which Secretary has responsibility for the affected species as determined pur suant to 50 CFR 402.01. Service means the United States Fish and Wildlife Service or the National Marine Fisheries Service, as appro priate. To the extent that such information is available to the applicant means all per tinent information the applicant has on the subject matter at the time the application is submitted, and all other pertinent information obtainable from VerDate Sep<11>2014 14:05 Oct 24, 2022 Jkt 256246 PO 00000 Frm 00426 Fmt 8010 Sfmt 8010 Q:\50\50V11.TXT PC31kp ay ne o n V M O F R W IN 70 2 w ith $ $ JO B 417 FWS, DOI, and NOAA, Commerce § 451.02 the appropriate Federal agency pursu ant to a Freedom of Information Act request. [50 FR 8126, Feb. 28, 1985] PART 451—APPLICATION PROCEDURE Sec. 451.01 Definitions. 451.02 Applications for exemptions. 451.03 Endangered Species Committee. AUTHORITY: Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended. SOURCE: 50 FR 8127, Feb. 28, 1985, unless otherwise noted. § 451.01 Definitions. All definitions contained in 50 CFR 450.01 are applicable to this part. § 451.02 Applications for exemptions. (a) Scope. This section prescribes the application procedures for applying for an exemption from the requirements of section 7(a)(2) of the Endangered Spe cies Act, as amended. (b) Where to apply. Applications should be made to the appropriate Sec retary(ies) by writing: (1) The Secretary, Attention: Endan gered Species Committee, Department of the Interior, 18th and C Street, NW., Washington, DC 20240. (2) The Secretary, Department of Commerce, 14th Street and Constitu tion Avenue NW., Washington, DC 20030. (c) Who may apply. (1) A Federal agency, (2) the Governor of the State in which an agency action will occur, if any, or (3) a permit or license applicant may apply to the Secretary for an ex emption for an agency action if, after consultation under section 7(a)(2) of the Act, the Secretary’s opinion indi cates that the agency action would vio late section 7(a)(2) of the Act. (d) When to apply. (1) Except in the case of agency action involving a per mit or license application, an applica tion for an exemption must be sub mitted to the Secretary within 90 days following the termination of the con sultation process. (2) In the case of agency action in volving a permit or license application, an application for an exemption may be submitted after the Federal agency concerned formally denies the permit or license. An applicant denied a per mit or license may not simultaneously seek administrative review within the permitting or licensing agency and apply for an exemption. If administra tive review is sought, an application for an exemption may be submitted if that review results in a formal denial of the permit or license. For an exemp tion application to be considered, it must be submitted within 90 days after the date of a formal denial of a permit or license. (e) Contents of the application when submitted. Exemption applicants must provide the following information at the time the application is submitted. (1) Name, mailing address, and phone number, including the name and tele phone number of an individual to be contacted regarding the application. (2) If the applicant is a Federal agen cy: (i) A comprehensive description of the proposed agency action and if a li cense or permit denial is involved, a comprehensive description of the li cense or permit applicant’s proposed action. (ii) In the case of a denial of a license or permit, a description of the permit or license sought, including a state ment of who in the Federal agency de nied the permit or license, the grounds for the denial, and a copy of the permit or license denial. (iii) A description of all permit(s), li cense(s) or other legal requirements which have been satisfied or obtained, or which must still be satisfied or ob tained, before the proposed action can proceed. (iv) A description of the consultation process carried out pursuant to section 7(a) of the Act. (v) A copy of the biological assess ment, if one was prepared. (vi) A copy of the biological opinion. (vii) A description of each alternative to the proposed action considered by the Federal agency, by the licensing or permitting agency, and by the permit or license applicant, to the extent known. VerDate Sep<11>2014 14:05 Oct 24, 2022 Jkt 256246 PO 00000 Frm 00427 Fmt 8010 Sfmt 8010 Q:\50\50V11.TXT PC31kp ay ne o n V M O F R W IN 70 2 w ith $ $ JO B