50 CFR 17.3 - Definitions

Cite as50 CFR 17.3
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728 practice notes
  • Reissuance of Nationwide Permits
    • United States
    • Federal Register February 21, 2012
    • February 21, 2012
    ...(see 16 U.S.C. 1532(19)). The definition of ``harm'' is the same as the definition in the U.S. Fish and Wildlife Service's regulations (50 CFR 17.3) and the National Marine Fisheries Service's regulations (50 CFR 222.102). The definitions of ``take'' and ``harm'' were added to this conditio......
  • Alliance for the Wild Rockies v. U.S. Dep't of Agric., No. CV 11–76–M–CCL.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • May 15, 2013
    ...normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering.’ ” (ECF No. 68 at 23, quoting 50 C.F.R. § 17.3.) In addition, government officers may be held responsible for a take “when the officers authorized activities undertaken by others that caused ......
  • American Soc. for the Prev. V. Ringling Brothers, Civ. Action No. 03-2006 (EGS).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • August 23, 2007
    ...extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering." 50 C.F.R. § 17.3. When applied to "captive wildlife," the definition of "harass" does not include (1) "[a]nimal husbandry procedures that meet or exceed th......
  • Ctr. for Biological Diversity v. Dep't of Fish & Wildlife, B245131
    • United States
    • California Court of Appeals
    • March 20, 2014
    ...extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering.’ 50 C.F.R. § 17.3.” (Cold Mountain v. Garber (9th. Cir.2004) 375 F.3d 884, 889 [but for causation required to show a violation of the federal Endangered Spe......
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279 cases
  • Alliance for the Wild Rockies v. U.S. Dep't of Agric., No. CV 11–76–M–CCL.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • May 15, 2013
    ...normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering.’ ” (ECF No. 68 at 23, quoting 50 C.F.R. § 17.3.) In addition, government officers may be held responsible for a take “when the officers authorized activities undertaken by others that caused ......
  • American Soc. for the Prev. V. Ringling Brothers, Civ. Action No. 03-2006 (EGS).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • August 23, 2007
    ...extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering." 50 C.F.R. § 17.3. When applied to "captive wildlife," the definition of "harass" does not include (1) "[a]nimal husbandry procedures that meet or exceed th......
  • Ctr. for Biological Diversity v. Dep't of Fish & Wildlife, B245131
    • United States
    • California Court of Appeals
    • March 20, 2014
    ...extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering.’ 50 C.F.R. § 17.3.” (Cold Mountain v. Garber (9th. Cir.2004) 375 F.3d 884, 889 [but for causation required to show a violation of the federal Endangered Spe......
  • Ctr. for Biological Diversity v. Dep't of Fish & Wildlife, B245131
    • United States
    • California Court of Appeals
    • March 20, 2014
    ...extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering.’ 50 C.F.R. § 17.3." ( Cold Mountain v. Garber (9th. Cir.2004) 375 F.3d 884, 889 [but for causation required to show a violation of the federal Endangered Sp......
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5 firm's commentaries
  • US Environmental Laws Increasingly Lead to Litigation Concerning the Siting and Construction of New Infrastructure Projects
    • United States
    • Mondaq United States
    • February 24, 2010
    ...v. Mineta, 373 F.3d 1078, 1084 (10th Cir. 2004). 16 U.S.C. § 470f. TVA v. Hill, 437 U.S. 153, 174, 184 (1978). 16 U.S.C. § 1532(19). 50 C.F.R. § 17.3. Babbitt v. Sweet Home Chapter, 515 U.S. 687 NAHB v. Babbitt, 130 F.3d 1041 (D.C. Cir. 1997); GDF Realty Investments v. Norton, 326 F.3d 622 ......
  • Bats in the Balance: Northern Long-Eared Bat Listing and Interim 4(d) Rule
    • United States
    • JD Supra United States
    • May 8, 2015
    ...otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.” 50 C.F.R. § 17.3. [11] Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Northern Long-Eared Bat With 4(d) Rule, 80 Fed. Reg. [12]......
  • Recent Decision May Reduce Zoos’ Potential Exposure to ESA Violations
    • United States
    • JD Supra United States
    • October 4, 2019
    ...extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering.” 50 C.F.R. § 17.3. Significantly, however, the definition of “harass” in the ESA regulations, “when applied to captive wildlife, does not include generally ......
  • U.S. Fish and Wildlife Service Issues Guidance on Endangered Species Act Incidental Take Permits
    • United States
    • JD Supra United States
    • May 4, 2018
    ...actually kills or injures wildlife by significantly impairing essential behavior patterns, including breeding, feeding, or sheltering.” 50 C.F.R. § 17.3. In 1982, Congress amended the ESA to authorize the Service to issue permits for “incidental” takes—which can occur, for example, when the......
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28 books & journal articles
  • Will climate change help or harm species listing?
    • United States
    • Sustainable Development Law & Policy Nbr. X-3, April 2010
    • April 1, 2010
    ...circ/2005/1291/pdf/circ1291_front.pdf. 34 Id. 35 Endangered Species Act, 16 U.S.C. §§ 1531-1544 (2006). 36 16 U.S.C. § 1532(19). 37 50 C.F.R. §17.3. 38 See generally Susan Jobling, et al. , Wild Intersex Roach ( Rutilus rutilus ) Have Reduced Fertility , 67 BIOLOGY OF REPROD. 515, 515 (2002......
  • Judicial Review Endangered: Decisions Not to Exclude Areas From Critical Habitat Should Be Reviewable Under the APA
    • United States
    • Environmental Law Reporter Nbr. 47-4, April 2017
    • April 1, 2017
    ...to mean “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct”); 50 C.F.R. §17.3 (2016) (deining “harm” to include “signiicant habitat modiication or degradation where it actually kills or injures wildlife”); Babbitt v. Sw......
  • The National Marine Sanctuary System: The Once and Future Promise of Comprehensive Ocean Governance
    • United States
    • Environmental Law Reporter Nbr. 44-11, November 2014
    • November 1, 2014
    ...that marine mam- conduct,” including signiicant habitat destruction that actually kills or injures an endangered species. Id. §1532(19); 50 C.F.R. §17.3; see also Babbitt v. Sweet Home Chapter of Cmtys. for a Great Or., 515 U.S. 687, 25 ELR 21194 (1995). 286. 16 U.S.C. §1533(f). hese plans ......
  • Overview of Environmental Law
    • United States
    • Environmental information: research, access & environmental decisionmaking
    • June 22, 2017
    ...in the Post-Babbittonian Era: Are here Any? , 14 Duke Envtl. L. & Pol’y F. 419, 420 (2004). 109. 515 U.S. 687, 25 ELR 21194 (1995). 110. 50 C.F.R. §§17.3, 17.31 (2016). Chapter 2: Overview of Environmental Law 45 sion of the statute a powerful tool in land use battles. Entire development pr......
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