50 CFR § 452.04 - Secretary's report.

---
identifier: "/us/cfr/t50/s452.04"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 452.04 - Secretary's report."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "452.04"
section_name: "Secretary's report."
chapter_name: "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_number: "C"
subchapter_name: "ENDANGERED SPECIES EXEMPTION PROCESS"
part_number: "452"
part_name: "CONSIDERATION OF APPLICATION BY THE SECRETARY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Endangered Species Act of 1973, 16 U.S.C. 1531,  as amended."
regulatory_source: "50 FR 8129, Feb. 28, 1985, unless otherwise noted."
cfr_part: "452"
---


# 452.04 Secretary's report.

(a) *Contents of the report.* If the Secretary has made a positive finding on each of the threshold determinations, he shall proceed to gather information and prepare a report for the Endangered Species Committee:

(1) Discussing the availability of reasonable and prudent alternatives to the proposed action;

(2) Discussing the nature and extent of the benefits of the proposed action;

(3) Discussing the nature and extent of the benefits of alternative courses of action consistent with conserving the species or the critical habitat;

(4) Summarizing the evidence concerning whether the proposed action is of national or regional significance;

(5) Summarizing the evidence concerning whether the proposed action is in the public interest;

(6) Discussing appropriate and reasonable mitigation and enhancement measures which should be considered by the Committee in granting an exemption; and

(7) Discussing whether the Federal agency and permit or license applicant, if any, have refrained from making any irreversible or irretrievable commitment of resources.

(b) *Preparation of the report.* The report shall be prepared in accordance with procedures set out in § 452.05 and § 452.09.