50 CFR 424.11 - Factors for listing, delisting, or reclassifying species

Cite as50 CFR 424.11
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416 practice notes
  • Endangered and Threatened Species; Identification of 14 Distinct Population Segments of the Humpback Whale (Megaptera novaeangliae) and Revision of Species-Wide Listing
    • United States
    • Federal Register September 08, 2016
    • September 8, 2016
    ...of existing regulatory mechanisms; and other natural or manmade factors affecting a species' continued existence (16 U.S.C. 1533(a)(1); 50 CFR 424.11(c)). We evaluate demographic risk factors (i.e., abundance and trend information) in conjunction with the section 4(a)(1) factors. The demogr......
  • Humane Soc'y of U.S. v. Jewell, Civil Action No. 13–186 BAH
    • United States
    • United States District Courts. United States District Court (Columbia)
    • December 19, 2014
    ...or if the original listing was based on data, or data interpretation, that were in error.2003 Rule, 68 Fed. Reg. at 15,859 (citing 50 C.F.R. § 424.11(d) ) (emphasis added). Noticeably absent from this statement is any mention of delisting “a portion of a listed species' historical range” by......
  • Viva! International Voice v. Adidas, Inc., No. S140064.
    • United States
    • United States State Supreme Court (California)
    • July 23, 2007
    ...species in the foreseeable future throughout all or a significant part of [their] range." (60 Fed.Reg. 12904 (Mar. 9, 1995); see 50 C.F.R. § 424.11(d)(2) (2007) [authorizing delisting where a species has recovered].) It characterized the red, eastern grey, and western grey populations as "a......
  • Survivors v. U.S. Dep't of the Interior, Case No. 16-cv-01165-JCS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • May 15, 2018
    ...threats in the context of the species' small population sizes" and therefore, that they violated the ESA. Id. at 27 (citing 50 C.F.R. § 424.11(c) ; WildEarth Guardians v. Salazar , 741 F.Supp.2d 89 (D.D.C. 2010) ).Defendants assert that the Service "examined threats – both individually and ......
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62 cases
  • Humane Soc'y of U.S. v. Jewell, Civil Action No. 13–186 BAH
    • United States
    • United States District Courts. United States District Court (Columbia)
    • December 19, 2014
    ...or if the original listing was based on data, or data interpretation, that were in error.2003 Rule, 68 Fed. Reg. at 15,859 (citing 50 C.F.R. § 424.11(d) ) (emphasis added). Noticeably absent from this statement is any mention of delisting “a portion of a listed species' historical range” by......
  • Viva! International Voice v. Adidas, Inc., No. S140064.
    • United States
    • United States State Supreme Court (California)
    • July 23, 2007
    ...species in the foreseeable future throughout all or a significant part of [their] range." (60 Fed.Reg. 12904 (Mar. 9, 1995); see 50 C.F.R. § 424.11(d)(2) (2007) [authorizing delisting where a species has recovered].) It characterized the red, eastern grey, and western grey populations as "a......
  • Survivors v. U.S. Dep't of the Interior, Case No. 16-cv-01165-JCS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • May 15, 2018
    ...threats in the context of the species' small population sizes" and therefore, that they violated the ESA. Id. at 27 (citing 50 C.F.R. § 424.11(c) ; WildEarth Guardians v. Salazar , 741 F.Supp.2d 89 (D.D.C. 2010) ).Defendants assert that the Service "examined threats – both individually and ......
  • Blackwater v. Salazar, No. 11–5128.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 17, 2012
    ...basis of recovery only if the best scientific and commercial data available indicate that it is no longer endangered or threatened,” 50 C.F.R. § 424.11(d)(2) (1984) (promulgated prior to the 1988 ESA Amendments), must be viewed in light of Congress's distinction between “survival” and “reco......
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3 firm's commentaries
  • Trump Administration Finalizes New Endangered Species Act Regulations
    • United States
    • JD Supra United States
    • October 11, 2019
    ...information on economic or other impacts in the course of listing determination.”[10] Second, the Services added a new paragraph to 50 C.F.R. § 424.11 defining how FWS will consider the “foreseeable future.” The ESA defines a “threatened species” as “any species which is likely to become en......
  • Biden Administration Asks Supreme Court to Reject Challenge to ESA Rule
    • United States
    • JD Supra United States
    • June 3, 2021
    ...by predator control, protection of habitat and food supply, or other conservation practices.”16 U.S.C. § 1533(b)(1)(A); see also 50 C.F.R. § 424.11(g). In particular, the PECE Rule directs the Services to evaluate conservation measures against listed criteria to determine if the conservatio......
  • DC District Court Bats Down Northern Long-Eared Bat Listing
    • United States
    • JD Supra United States
    • February 14, 2020
    ...and (E) other natural or manmade factors affecting a species’ continued existence.” 16 U.S.C § 1533(a)(1)(A)-(E); see also 50 C.F.R. § 424.11(c). [9] Everson at [10] Final SPR Policy, 79 Fed. Reg. 37,577 (July 1, 2014). [11] Id. at *17-18. [12] Id. at *19 (citing Defenders of Wildlife v. No......
1 books & journal articles
  • Continued protection of the bald eagle after delisting.
    • United States
    • Florida Bar Journal Vol. 82 Nbr. 7, July 2008
    • July 1, 2008
    ...of existing regulatory mechanisms; and other natural or man-made factors affecting the species' continued existence. Pursuant to 50 CFR 424.11(d), the factors that must be evaluated for delisting are 1) the species is extinct; 2) the species has recovered and is no longer endangered and thr......

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