50 CFR 17.3 - Definitions

Cite as50 CFR 17.3
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695 practice notes
  • Reissuance of Nationwide Permits
    • United States
    • Federal Register February 21, 2012
    • 21 February 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......
  • Friends of the River v. Nat'l Marine Fisheries Serv., No. 2:16–cv–00818–JAM–EFB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 21 February 2018
    ...taking is incidental to, rather than the purpose of, a federal action, it is referred to as an incidental take. 16 U.S.C. § 1536(b)(4) ; 50 C.F.R. § 17.3. An incidental take may be permitted if the consulting agency issues the acting agency an incidental take statement along with the BiOp. ......
  • Greater Yellowstone Coal., Inc. v. Servheen, Nos. 09–36100
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 22 November 2011
    ...includes harassment, harm, hunting, killing, and significant habitat modification or degradation. 16 U.S.C. §§ 1532(19), 1538(a)(1)(B); 50 C.F.R. § 17.3. A major goal of the ESA's protections is recovery of threatened and endangered species such that they can be removed from the list. 16 U.......
  • National Wildlife Federation v. Babbitt, No. S-99-274 DFL JFM.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 15 August 2000
    ...modification or degradation" that impairs "essential behavioral patterns, including breeding, feeding, or sheltering." 50 C.F.R. § 17.3. Section 9's broad prohibition on take is limited by several exceptions identified in § 10. Most importantly for present purposes, § 10 allo......
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274 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)
    • 15 May 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 ......
  • California Trout v. F.E.R.C., No. 07-73664.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 20 July 2009
    ...kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering." 50 C.F.R. § 17.3. See also generally Babbitt v. Sweet Home Chapter of Cmtys. for a Great Or., 515 U.S. 687, 115 S.Ct. 2407, 132 L.Ed.2d 597 3. Oncorhynchus mykiss......
  • Turtle v. Fed. Emergency Mgmt. Agency, No. 96–7661.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • 22 September 1997
    ...injures or kills wildlife” or “which annoy [a species] to such an extent as to significantly disrupt essential behavioral patterns.” See50 C.F.R. § 17.3 (superseded). According to plaintiffs, these “takings” result from agency actions that have [37 V.I. 555]killed or injured the Tree Boa, o......
  • 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)
    • 23 August 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......
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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
    • 24 February 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
    • 8 May 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
    • 4 October 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
    • 4 May 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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8 books & journal articles
  • Does preventing "take" constitute an unconstitutional "taking"? An analysis of possible defenses to Fifth Amendment taking claims based on the Endangered Species Act.
    • United States
    • UCLA Journal of Environmental Law & Policy Vol. 14 Nbr. 2, December 1996
    • 22 December 1996
    ...[section] 1532(19) (1994). (32.) No. 94-859, 1995 U.S. LEXIS 4463, at *14 (June 29, 1995) (overruling the D.C. Circuit by upholding 50 C.F.R. 17.3, the definition of harm. Respondents, composed of logging interests and other property holders, unsuccessfully argued that the Secretary of Inte......
  • Pesticide Litigation
    • United States
    • Environmental Litigation: Law and Strategy. Second Edition -
    • 1 January 2019
    ...allow EPA to seek to have the injunction lifted by showing it had subsequently 143. 16 U.S.C. § 1538. 144. 16 U.S.C. § 1532(19). 145. 50 C.F.R. § 17.3. 146. Id. 147. 16 U.S.C. §§ 1536(b)(4); 1539(a). 148. 16 U.S.C. § 1540(g)(1). 149. Defenders of Wildlife v. EPA, 882 F.2d 1294, 1303 (8th Ci......
  • The Belt-and-Suspenders Canon
    • United States
    • Iowa Law Review Nbr. 105-2, February 2020
    • 1 February 2020
    ...had to consider what to do about a state statute that criminalized a person’s failure to provide “care and 137. Id. at 691; see also 50 C.F.R. § 17.3 (2018) (further defining through a regulation the statutory terms “take” and “harm”). 138. Endangered Species Act of 1973, 16 U.S.C. § 1532(1......
  • Will climate change help or harm species listing?
    • United States
    • Sustainable Development Law & Policy Nbr. X-3, April 2010
    • 1 April 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......
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414 provisions
  • Reissuance of Nationwide Permits
    • United States
    • Federal Register February 21, 2012
    • 21 February 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......
  • Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear Under Section 4(d) of the Endangered Species Act
    • United States
    • Federal Register February 20, 2013
    • 20 February 2013
    ...of ``take,'' but is less obviously related to ``take'' under the MMPA definition. Under our ESA regulations, ``harm'' is defined at 50 CFR 17.3 as ``an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills ......
  • Separate Parts In This Issue Part III Interior Department, Fish and Wildlife Service,
    • United States
    • Federal Register July 09, 2007
    • 9 July 2007
    ...of ``take'' under both statutes (16 U.S.C. 1532(19) and 668c). Moreover, the regulatory definitions of ``harm'' and ``harass'' (50 CFR 17.3) that further define the term ``take'' under the Act are similar to the newly promulgated ``disturb'' definition under As described, we have interprete......
  • Part III
    • United States
    • Federal Register July 09, 2007
    • 9 July 2007
    ...of ``take'' under both statutes (16 U.S.C. 1532(19) and 668c). Moreover, the regulatory definitions of ``harm'' and ``harass'' (50 CFR 17.3) that further define the term ``take'' under the Act are similar to the newly promulgated ``disturb'' definition under As described, we have interprete......
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