50 CFR 17.3 - Definitions
| Cite as | 50 CFR 17.3 |
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728 practice notes
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Reissuance of Nationwide Permits
...(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......
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Alliance for the Wild Rockies v. U.S. Dep't of Agric., No. CV 11–76–M–CCL.
...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 ......
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American Soc. for the Prev. V. Ringling Brothers, Civ. Action No. 03-2006 (EGS).
...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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Ctr. for Biological Diversity v. Dep't of Fish & Wildlife, B245131
...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
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Alliance for the Wild Rockies v. U.S. Dep't of Agric., No. CV 11–76–M–CCL.
...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 ......
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American Soc. for the Prev. V. Ringling Brothers, Civ. Action No. 03-2006 (EGS).
...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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Ctr. for Biological Diversity v. Dep't of Fish & Wildlife, B245131
...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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Ctr. for Biological Diversity v. Dep't of Fish & Wildlife, B245131
...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
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US Environmental Laws Increasingly Lead to Litigation Concerning the Siting and Construction of New Infrastructure Projects
...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 ......
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Bats in the Balance: Northern Long-Eared Bat Listing and Interim 4(d) Rule
...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]......
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Recent Decision May Reduce Zoos’ Potential Exposure to ESA Violations
...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 ......
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U.S. Fish and Wildlife Service Issues Guidance on Endangered Species Act Incidental Take Permits
...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
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Will climate change help or harm species listing?
...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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Judicial Review Endangered: Decisions Not to Exclude Areas From Critical Habitat Should Be Reviewable Under the APA
...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......
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The National Marine Sanctuary System: The Once and Future Promise of Comprehensive Ocean Governance
...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 ......
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Overview of Environmental Law
...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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