50 C.F.R. 424.12 - Criteria for designating critical habitat

Cite as50 C.F.R. 424.12
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1067 practice notes
  • Endangered and Threatened Species; Identification of 14 Distinct Population Segments of the Humpback Whale (Megaptera novaeangliae) and Revision of Species-Wide Listing
    • United States
    • Federal Register September 08, 2016
    • September 8, 2016
    ...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......
  • Building Industry of Superior California v. Babbitt, Civil Action No. 95-0726(PLF).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • July 25, 1997
    ...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......
  • Minn. Ctr. for Envtl. Advocacy v. U.S. Forest Serv., Civil No. 10–2178 (SRN/LIB).
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • April 12, 2012
    ...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......
  • Cape Hatteras Access Pres. All. v. U.S. Int. Dept., No. CIV.A.03-217(RCL).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • November 1, 2004
    ...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
  • CONSERVANCY of Sw. Fla. v. UNITED States FISH, Case No. 2:10-cv-106-FtM-SPC
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • April 6, 2011
    ...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)......
  • Markle Interests, LLC v. U.S. Fish & Wildlife Serv., Civil Action Nos. 13–234
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • August 22, 2014
    ...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......
  • Pacific Coast Feder. of Fishermen's v. Gutierrez, No. 1:06-cv-00245-OWW-GS.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • May 20, 2008
    ...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......
  • Am. Forest Res. Council v. Ashe, Civil Action No. 12-111 (JDB)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 30, 2013
    ...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
2 books & journal articles
  • Collaboration and the Ecology of Democracy
    • United States
    • Sustainable Development Law & Policy Nbr. XII-1, September 2011
    • September 1, 2011
    ...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 ......
  • Endnotes
    • United States
    • Sustainable Development Law & Policy Nbr. XVIII-2, April 2018
    • April 1, 2018
    ...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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