50 CFR 10.12 - Definitions
| Cite as | 50 CFR 10.12 |
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78 practice notes
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Reissuance of Nationwide Permits
...regulations), or part 92 of subchapter G of this chapter (the Alaska subsistence harvest regulations).'' The term ``person'' is defined at 50 CFR 10.12 as ``any individual, firm, corporation, association, partnership, club, or private body, any one or all, as the context requires.'' These r......
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Seizure and Forfeiture Procedures
...the Director of the United States Fish and Wildlife Service, Department of the Interior, or an authorized representative (as defined in 50 CFR 10.12). Interested party or parties: Interested party or parties means any person(s) who appears to be a person having an interest in the seized pro......
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Natural Res. Def. Council, Inc. v. U.S. Dep't of the Interior, 18-CV-4596 (VEC)
...that FWS regulations applicable to the MBTA defining "take" to mean "to pursue, hunt, shoot, wound, kill, trap, capture, or collect," 50 C.F.R. § 10.12, support the Jorjani Opinion's reading of "kill." See Defs.’ Mem. of Law at 20. Moreover, Interior has long understood its definition of "t......
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Natural Res. Def. Council, Inc. v. U.S. Dep't of the Interior, 18-CV-4596 (VEC)
...hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect." 50 C.F.R. § 10.12.For decades, DOI had interpreted the MBTA as making any "incidental" take of a migratory bird—that is, a take that results from a human activity......
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35 cases
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Natural Res. Def. Council, Inc. v. U.S. Dep't of the Interior, 18-CV-4596 (VEC)
...hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect." 50 C.F.R. § 10.12.For decades, DOI had interpreted the MBTA as making any "incidental" take of a migratory bird—that is, a take that results from a human activity......
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Pub. Emps. for Envtl. Responsibility v. Beaudreau, Civil Action No. 10–1067 RBWDAR
...Act. However, the implementing regulations of the Act provide that, among other things, “[t]ake means to ... wound [ ][or] kill.” 50 C.F.R. § 10.12.8 The treaties comprise bilateral conventions between the United States and Great Britain; the United States and Mexico; the United States and ......
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Pub. Emps. for Envtl. Responsibility v. Beaudreau, Civil Action No. 10–1067
...Treaty Act. However, the implementing regulations of the Act provide that, among other things, “[t]ake means to ... wound[ ][or] kill.” 50 C.F.R. § 10.12. 8. The treaties comprise bilateral conventions between the United States and Great Britain; the United States and Mexico; the United Sta......
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Pub. Emps. for Envtl. Responsbility v. S, Civil Action No. 10-1067 (RBW) (DAR)
...Act. However, the implementing regulations of the Act provide that, among other things, "[t]ake means to . . . wound[] [or] kill." 50 C.F.R. § 10.12. 8. The treaties comprise bilateral conventions between the United States and Great Britain; the United States and Mexico; the United States a......
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10 firm's commentaries
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Migratory Bird Treaty Act: Question Of Unintentional 'Take' Primed For Potential Fifth Circuit En Banc Or Supreme Court Review
...is often colloquially used as a catch-all term meant to encapsulate all activities that violate the Migratory Bird Treaty Act. See 50 C.F.R. § 10.12 (MBTA regulations defining "take" as "to pursue, hunt, shoot, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill,......
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Migratory Bird Treaty Act: Question Of Unintentional “Take” Primed For Potential Fifth Circuit En Banc Or Supreme Court Review
...is often colloquially used as a catch-all term meant to encapsulate all activities that violate the Migratory Bird Treaty Act. See 50 C.F.R. § 10.12 (MBTA regulations defining “take” as “to pursue, hunt, shoot, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill,......
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Uncertainty About Migratory Bird Treaty Act “Takes”: The Biden Administration Delays the Effective Date of the Final Regulations Governing Take of Migratory Birds
...pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.” 50 CFR § 10.12. A take is a misdemeanor criminal violation with a maximum penalty of six months in prison and a $15,000 fine. The final rule promulgated b......
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Uncertainty About Migratory Bird Treaty Act “Takes”: The Biden Administration Delays the Effective Date of the Final Regulations Governing Take of Migratory Birds
...pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.” 50 CFR § 10.12. A take is a misdemeanor criminal violation with a maximum penalty of six months in prison and a $15,000 The final rule promulgated by the ......
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2 books & journal articles
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A Pendulum Seldom Stops in the Middle: Shifting Views on 'Take' of Raptors and Other Migratory Birds
...conlicting views of the extent of take under the MBTA. 5. 16 U.S.C. §§1531-1544; ELR Stat. ESA §§2-18. 6. 16 U.S.C. §§668-668d. 7. See 50 C.F.R. §10.12 (2018). of a citizen suit provision in the MBTA and the expected absence of enforcement under the Donald Trump Administration occasioned by......
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Migratory bird treaties' issues and potentials: are they valuable tools or just curios in the box?
...8, art. II(1); Japan/Australia MBT, supra note 9, art. II(1). (107) See 16 U.S.C. [section] 701 (2006) (defining "take" as defined in 50 C.F.R. 10.12); 50 C.F.R. [section] 10.12 (108) Chojo no hogo oyobi shuryo no tekiseika ni kansuru horitsu [Wildlife Protection and Proper Hunting Act] [he......