FWS, DOI, and NOAA, Commerce § 402.46November 29th, 2012
FiledNovember 29th, 2012alternative consultation agreement, the Service will determine whether the implementation of this section by EPA is consistent with the best scientific and commercial information available, the ESA, and applicable implementing regulations. The Service Director may use the results of the program evalua- tions described in the alternative con- sultation agreement to recommend changes to EPA’s implementation of the alternative consultation agree- ment. The Service Director retains dis- cretion to terminate or suspend the al- ternative consultation agreement if, in using the procedures in this subpart, EPA fails to comply with the require- ments of this subpart, section 7 of the ESA, or the terms of the alternative consultation agreement. Termination, suspension, or modification of an alter- native consultation agreement does not affect the validity of any NLAA de- terminations made previously under the authority of this subpart.