The licensee, agency, or tribe may refer a study dispute to the OEP Director, by filing a written request. Any participant may respond with comments within 15 days thereafter. The OEP Director will resolve the dispute on the basis of two criteria: (A) whether the request is reasonable and necessary in relation to the management objectives for the affected resources, and (B) whether it is generally accepted practice. The OEP Director will issue a resolution in letter form. The licensee may choose not to follow the resolution, just as it may choose to reject or modify any study request during First-Stage Consultation, although it then assumes the risk that the license application will be deemed deficient as a result.¹

This step is substantially different than the ILP. Such referral is discretionary, in that a licensee or agency may elect to leave a study dispute unresolved. There is no deadline for resolution after referral. The OEP Director is solely responsible for any resolution and does not undertake peer review. The resolution is non-binding on the licensee.

5.2.3 Study Plan

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5.3 Second-Stage Consultation