50 C.F.R. § 402.02 - Definitions

Cite as50 C.F.R. § 402.02
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1165 practice notes
460 cases
  • Alliance v. United States Forest Serv., No. CV 05-107-M-DWM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Montana)
    • May 4, 2010
    ...to adversely affect listed species or critical habitat, the consultation process is terminated, and no further action is necessary. 29. 50 C.F.R. § 402.02 provides that “ ‘Jeopardize the continued existence of’ means to engage in an action that reasonably would be expected, directly or indi......
  • Pacific Northwest Generating Co-op. v. Brown, Civ. No. 92-973-MA
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • April 1, 1993
    ...define the term "recovery" as "improvement in the status of listed species to the point at which listing is no longer appropriate." 50 C.F.R. § 402.02. Thus, the ultimate goal of the ESA is "to make itself obsolete." Rohlf, supra note 17, at 2. In-River Management Harvest allocation for chi......
  • In re Operation of the Missouri River System Lit., No. 03-MD-1555(PAM).
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • June 21, 2004
    ...the species in the action area as well as the potential effects the proposed action may have on the species in the action area. See 50 C.F.R. § 402.02 (defining biological assessment). A proposed action will "jeopardize" the species if it "reasonably would be expected, directly or indirectl......
  • Maine v. Norton, No. CIV. 00-250-BC.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • April 24, 2003
    ...the point at which listing is no longer appropriate under the criteria set out in Section 4(a)(1) [16 U.S.C. § 1533(a)(1)] of the Act." 50 CFR § 402.02. Because all of the stocked fish in the DPS rivers could die without having spawned successfully, the Services contend that it is overly si......
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