50 C.F.R. 424.12 - Criteria for designating critical habitat
| Cite as | 50 C.F.R. 424.12 |
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1076 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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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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75 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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Home Builders Ass'n v. U.S. Fish and Wildlife, No. CVF01-5722AWISMS.
...water quality or quantity, host species or plant pollinator, geological formation, vegetation type, tide, and specific soil types. 50 C.F.R. § 424.12(b)(5)(emphasis added). The court finds, based on this language, that the Service uses the term "primary constituent elements" to describe tho......
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Markle Interests, LLC v. U.S. Fish & Wildlife Serv., CIVIL ACTION NO. 13-234 SECTION "F"
...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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Guardians v. United States Fish And Wildlife Serv., No. 08-2226.
...portions of Mexico, the Secretary noted that “[c]ritical habitat is not designated in areas outside U.S. jurisdiction.” Id. (citing 50 C.F.R. § 424.12(h)). In September 2002, Forest Guardians petitioned the FWS to designate critical habitat for the Falcon, pursuant to 16 U.S.C. § 1533(b)(3)......
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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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10 books & journal articles
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Building a Better State Endangered Species Act: An Integrated Approach Toward Recovery
...49. 16 U.S.C. §1532(20); 50 C.F.R. §424.02(m). 50. 16 U.S.C. §1533(a). 51. §1533(b)(3)(A). 52. §1532(5)(A). 53. §1533(a)(3)(A); 50 C.F.R. §424.12(a). 54. 16 U.S.C. §1533(b)(2). listing 55 with features “essential” to the conservation of the species. 56 Once the agency designates critical ha......
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Endangered Species at Sea: Applying the ESA to Maritime Jurisdictions
...capability and the need to continue the practice in all areas under its jurisdiction. herefore, the existing critical habitat in 112. 50 C.F.R. §424.12(g) (2020). 113. In a 1992 law, the United States declared that certain “areas deined in section 3(24) of the Magnuson-Stevens Fishery Conse......
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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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Appendix C. Federal Register (excerpts)
...forego the process of designating critical habitat when doing so is prudent and critical habitat is determinable. Service regulations (50 CFR 424.12(a)) state that critical habitat is not determinable if information sufficient to perform required analyses of the impacts of designation is la......
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