50 CFR 402.16 : Wildlife And Fisheries (§ 1.1 To Parts 698-699) — (Subchapter A To Parts 561-599) — 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 (Part 400 To Parts 454-499) — (Part 400 To § 424.21) — Interagency Cooperation - Endangered Species Act Of 1973, As Amended (§ 402.01 To § 402.48) — Consultation Procedures (§ 402.10 To § 402.16) — Reinitiation of formal consultation.

Reinitiation of formal consultation is required and shall be requested by the Federal agency or by the Service, where discretionary Federal involvement or control over the action has been retained or is authorized by law and:

(a) If the amount or extent of taking specified in the incidental take statement is exceeded;

(b) If new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered;

(c) If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion; or

(d) If a new species is listed or critical habitat designated that may be affected by the identified action.