50 C.F.R. 424.12 - Criteria for designating critical habitat
| Cite as | 50 C.F.R. 424.12 |
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1067 practice notes
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Endangered and Threatened Species; Identification of 14 Distinct Population Segments of the Humpback Whale (Megaptera novaeangliae) and Revision of Species-Wide Listing
...However, pursuant to the regulations implementing the ESA, we lack authority to designate critical habitat in non-U.S. waters (50 CFR 424.12(g)). Comment 79: Jamaica stated that the Silver-Navidad-Muchoir bank complex is a major breeding area in the West Indies and could qualify as critical......
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Building Industry of Superior California v. Babbitt, Civil Action No. 95-0726(PLF).
...activity, and identification of critical habitat can be expected to increase the degree of such threat to the species. . . ." 50 C.F.R. § 424.12(a)(1). In this case, the Secretary explicitly decided that it would not be prudent to designate critical fairy shrimp habitat, citing the fea......
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Minn. Ctr. for Envtl. Advocacy v. U.S. Forest Serv., Civil No. 10–2178 (SRN/LIB).
...focus on the principal biological or physical constituent elements [PCEs] that are essential to the conservation of the species.” 50 C.F.R. § 424.12(b). PCEs are the “biological or physical” factors “that are essential to the conservation of the species,” such as its feeding and reproductio......
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Cape Hatteras Access Pres. All. v. U.S. Int. Dept., No. CIV.A.03-217(RCL).
...In the Service's parlance, such features that satisfy the act's requirements are Primary Constituent Elements ("PCEs"). See 50 C.F.R. § 424.12(b)(5). Service regulations guide PCE the Secretary shall focus on the principal biological or physical constituent elements within the def......
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74 cases
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CONSERVANCY of Sw. Fla. v. UNITED States FISH, Case No. 2:10-cv-106-FtM-SPC
...Specifically, Count IV alleges that the Secretary failed to comply with 50 C.F.R. § 424.14(d), which in turn required compliance with 50 C.F.R. § 424.12(b); the procedures set forth in 16 U.S.C. §§ 1533(b)(3)(D)(i),(ii); and the procedures set forth in 50 C.F.R. §§ 424.10, 424.14(c)(1), (2)......
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Markle Interests, LLC v. U.S. Fish & Wildlife Serv., Civil Action Nos. 13–234
...as critical occupied habitat that contains certain physical or biological features called “primary constituent elements”, or “PCEs”.3 50 C.F.R. § 424.12(b). FWS may designate as critical unoccupied habitat so long as it determines it is “essential for the conservation of the species” and “o......
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Pacific Coast Feder. of Fishermen's v. Gutierrez, No. 1:06-cv-00245-OWW-GS.
...characterizes critical habitat designations as mandatory except where not prudent or not determinable. 16 U.S.C. § 1533(a)(3); Title 50 C.F.R. § 424.12(a)(2) defines "not determinable," as an excuse from completing a designation of critical habitat when information sufficient to perform req......
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Am. Forest Res. Council v. Ashe, Civil Action No. 12-111 (JDB)
...and that may require special management considerations or protection are known as "primary constituent elements" or "PCEs." See 50 C.F.R. § 424.12(b). Critical habitat designations must be made "on the basis of the best scientific data available and after taking into consideration the econo......
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10 firm's commentaries
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Litigating Against Government Agencies: Case Studies in Challenges to Agency Decisions Under Federal Environmental Statutes
...detailed proposals for exclusion of various state-owned lands, Alaska Native-owned lands, and areas of oil and gas exploration 17. See 50 C.F.R. §424.12(b). 18. 75 Fed. Reg. 76086 (Dec. 7, 2010). and development. Nevertheless, the final rule rejected all of the proposed exclusions without e......
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Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts
...propose to remove the term “primary constituent elements” from the regulations. 79 Fed. Reg. 27066, 27070 (May 12, 2014). [4] 50 C.F.R. § 424.12(b). [5] Id. § [6] 16 U.S.C. § 1536(a). [7]...
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President Orders Agencies To Adopt Earlier Consideration Of Economic Impacts From Critical Habitat Designations
...(collectively, the Services) joint regulations affirm the duty to consider economic impacts prior to designating critical habitat. See 50 C.F.R. § 424.12. The Services' current practice is to complete economic evaluations of the designation of critical habitat after the completion of the sc......
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Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Regulatory Definition for the Term "Habitat"
...a determination by the Secretary that such areas are essential for the conservation of the species. 16 U.S.C. § 1532(5)(A); see also, 50 CFR 424.12). Once designated as critical habitat, an area is protected from Federal actions that would result in the “destruction” or “adverse modificatio......
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2 books & journal articles
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Collaboration and the Ecology of Democracy
...and reviewing courts to determine whether a federal agency made a well informed decision). 80 16 U.S.C. § 1535(a) (2006). 81 50 C.F.R. § 424.12 (2011). 82 50 C.F.R. § 424.16 (2011). 83 See generally U.S. FISH & WILDLIFE SERV. HANDBOOK, supra note 69, at 22 (explaining the process to create ......
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Endnotes
...of the historical, geographical, and ecological distribution of a species.” Id. An economic analysis may be included as well. Id. 143 50 C.F.R. § 424.12(a)(1) (2018); see Dinnell & Russ, supra note 41, at 144 16 U.S.C. § 1533(b)(2) (2018). 145 Matsumoto et al., supra note 123, at 21. 146 16......
982 provisions
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Endangered and Threatened Species; Identification of 14 Distinct Population Segments of the Humpback Whale (Megaptera novaeangliae) and Revision of Species-Wide Listing
...However, pursuant to the regulations implementing the ESA, we lack authority to designate critical habitat in non-U.S. waters (50 CFR 424.12(g)). Comment 79: Jamaica stated that the Silver-Navidad-Muchoir bank complex is a major breeding area in the West Indies and could qualify as critical......
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Endangered and Threatened Wildlife and Plants; Endangered Species Act Compensatory Mitigation Policy
...The policy does not address the designation of critical habitat; the regulations for the designation of critical habitat are found at 50 CFR 424.12. Comment (45): One commenter said the focus on landscape-scale conservation is laudable, but the draft policy introduces new processes and stan......
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Endangered and Threatened Wildlife and Plants; Endangered Status and Designations of Critical Habitat for Spikedace and Loach Minnow
...determination applies to each species throughout its entire range. Section 4 of the Act (16 U.S.C. 1533), and implementing regulations (50 CFR part 424), set forth the procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Page 10812 Under section 4(a)(......
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Endangered and Threatened Wildlife and Plants; Final Rule To List Eleven Distinct Population Segments of the Green Sea Turtle (Chelonia mydas) as Endangered or Threatened and Revision of Current Listings Under the Endangered Species Act
...regulations state that critical habitat shall not be designated within foreign countries or in other areas outside of U.S. jurisdiction (50 CFR 424.12 (h)). The ranges of six DPSs occur within U.S. jurisdiction: North Atlantic, South Atlantic, East Pacific, Central North Pacific, Central So......
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