---
kind: "section"
citation: "50 C.F.R. § 402.08"
title: "50"
number: "402.08"
heading: "Designation of non-Federal representative."
url: "https://uscodex.org/cfr/50/402.08"
---

# §402.08. Designation of non-Federal representative.


A Federal agency may designate a non-Federal representative to conduct informal consultation or prepare a biological assessment by giving written notice to the Director of such designation. If a permit or license applicant is involved and is not the designated non-Federal representative, then the applicant and Federal agency must agree on the choice of the designated non-Federal representative. If a biological assessment is prepared by the designated non-Federal representative, the Federal agency shall furnish guidance and supervision and shall independently review and evaluate the scope and contents of the biological assessment. The ultimate responsibility for compliance with [section 7](/cfr/50/7.md) remains with the Federal agency.


## Notes

### Authority

Authority: 16 U.S.C. 1531 et seq.

### Source

Source: 51 FR 19957, June 3, 1986, unless otherwise noted.