50 C.F.R. 17.40 - Special rules-mammals

Cite as50 C.F.R. 17.40
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182 practice notes
  • Viva! International Voice v. Adidas, Inc., No. S140064.
    • United States
    • United States State Supreme Court (California)
    • July 23, 2007
    ...commercial importation into the United States of products made from the red, eastern grey, and western grey kangaroo. (Ibid.; former 50 C.F.R. § 17.40(a)(1)(i)(B) (repealed 60 Fed.Reg. 12906 (Mar. 9,1995)).) In 1983, Fish and Wildlife reviewed the situation and elected to continue allowing ......
  • United States v. Lowe, Case No. 20-cv-0423-JFH
    • United States
    • United States District Courts. 10th Circuit. Eastern District of Oklahoma
    • January 15, 2021
    ...C.F.R. § 17.11(h) (endangered)); one or both of the two lion subspecies, Panthera leo and Panthera leo melanochaita (50 C.F.R. §§ 17.11(h), 17.40(r) (endangered and threatened, respectively)); and jaguars, Panthera onca (50 C.F.R. § 17.11(h) (endangered)). Dkt. No. 28-35. Defendants suggest......
  • United States v. One Etched Ivory Tusk of African Elephant, No. 10–CV–308 (NGG)(SMG).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • May 17, 2012
    ...ESA, see16 U.S.C. § 1538(a)(1)(G), and was imported into the United States in violation of the Special Rule for African elephants, see50 C.F.R. § 17.40(e)(2), because no exception to the prohibition on the import of African elephants applies, and is thus subject to forfeiture under 16 U.S.C......
  • In re Polar Bear Endangered Species Act Listing And § 4(d) Rule Litig..This Document Relates To:ctr. For Biological Diversity, Misc. No. 08–764 (EGS).MDL Docket No. 1993.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • June 30, 2011
    ...for the Polar Bear, 73 Fed.Reg. 28,306 (May 15, 2008) (“Interim 4(d) Rule”). These regulations were later finalized and codified at 50 C.F.R. § 17.40(q) and are the subject of two additional actions before this Court. The four remaining actions challenge the Service's subsequent refusal to ......
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74 cases
  • Viva! International Voice v. Adidas, Inc., No. S140064.
    • United States
    • United States State Supreme Court (California)
    • July 23, 2007
    ...commercial importation into the United States of products made from the red, eastern grey, and western grey kangaroo. (Ibid.; former 50 C.F.R. § 17.40(a)(1)(i)(B) (repealed 60 Fed.Reg. 12906 (Mar. 9,1995)).) In 1983, Fish and Wildlife reviewed the situation and elected to continue allowing ......
  • United States v. Lowe, Case No. 20-cv-0423-JFH
    • United States
    • United States District Courts. 10th Circuit. Eastern District of Oklahoma
    • January 15, 2021
    ...C.F.R. § 17.11(h) (endangered)); one or both of the two lion subspecies, Panthera leo and Panthera leo melanochaita (50 C.F.R. §§ 17.11(h), 17.40(r) (endangered and threatened, respectively)); and jaguars, Panthera onca (50 C.F.R. § 17.11(h) (endangered)). Dkt. No. 28-35. Defendants suggest......
  • United States v. One Etched Ivory Tusk of African Elephant, No. 10–CV–308 (NGG)(SMG).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • May 17, 2012
    ...ESA, see16 U.S.C. § 1538(a)(1)(G), and was imported into the United States in violation of the Special Rule for African elephants, see50 C.F.R. § 17.40(e)(2), because no exception to the prohibition on the import of African elephants applies, and is thus subject to forfeiture under 16 U.S.C......
  • In re Polar Bear Endangered Species Act Listing And § 4(d) Rule Litig..This Document Relates To:ctr. For Biological Diversity, Misc. No. 08–764 (EGS).MDL Docket No. 1993.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • June 30, 2011
    ...for the Polar Bear, 73 Fed.Reg. 28,306 (May 15, 2008) (“Interim 4(d) Rule”). These regulations were later finalized and codified at 50 C.F.R. § 17.40(q) and are the subject of two additional actions before this Court. The four remaining actions challenge the Service's subsequent refusal to ......
  • Request a trial to view additional results
7 firm's commentaries
  • Litigating Against Government Agencies: Case Studies in Challenges to Agency Decisions Under Federal Environmental Statutes
    • United States
    • JD Supra United States
    • July 9, 2013
    ...initially promulgated an interim final §4(d) rule that became effective immediately. 73 Fed. Reg. 28306 (May 15, 2008) (promulgated at 50 C.F.R. §17.40(q)). A final §4(d) rule, nearly identical in content, was adopted six months later after a public comment period. 73 Fed. Reg. 26249 (Dec. ......
  • First Import Permit Issued For Sport Hunted Threatened Lion Trophy
    • United States
    • Mondaq United States
    • September 25, 2019
    ...listed as threatened. That is what the Secretary of the Interior did with Panthera leo melancochaita - issuing a specific regulation, 50 C.F.R. § 17.40(r), which applies all of the "endangered" prohibitions to the "threatened" populations of lions, and requires a threatened species import p......
  • Ninth Circuit Confirms That “Good Faith Belief” Defense Under The ESA Is Governed By A Subjective Standard
    • United States
    • JD Supra United States
    • November 2, 2017
    ...following a bench trial for “taking” three grizzly bears in violation of the ESA and the implementing regulation, set forth at 50 C.F.R. § 17.40 On appeal, Wallen argued that he was entitled to a jury trial. However, both the Magistrate and the Court of Appeals held that a right to a jury t......
  • Executive Branch Launches Plan to Combat Wildlife Trafficking
    • United States
    • JD Supra United States
    • February 13, 2015
    ...ivory; clarifying the definition of “antique” under the AECA; revising the Endangered Species Act African elephant special (4d) rule (50 CFR 17.40(e)) that allows ivory to be traded in otherwise prohibited ways; and clarifying the “use‐after‐import” provisions of the U.S. Convention on Inte......
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4 books & journal articles
  • Endnotes
    • United States
    • Sustainable Development Law & Policy Nbr. XIX-2, April 2019
    • April 1, 2019
    ...Trophies Taken on or After January 21, 2016, and on or Before December 31, 2018, 82 Fed. Reg. 54,405 (Nov. 17, 2017) (to be codified at 50 C.F.R. § 17); Federal Register Documents , u.S. fiSh & wilDlife SeRv., https://www.fws. gov/policy/frsystem/default.cfm (last visited Feb. 26, 2019) (co......
  • ADMINISTRATIVE LAW--ELEPHANT TROPHY IMPORTATION BAN CORRECTLY SURVIVES CHALLENGE FROM AN INTERNATIONAL HUNTING CLUB.
    • United States
    • Suffolk Transnational Law Review Vol. 41 Nbr. 1, January 2018
    • January 1, 2018
    ...regulations to protect threatened or endangered species. Id. The United States promises to uphold CITES through the Act. Id. (17.) See 50 C.F.R. 17.40(e)(6)(i)(B) (2002) (establishing Special Rule Governing African Elephants). Sport-hunted African elephant trophies may be imported to the Un......
  • Climate Change in the Endangered Species Act: A Jurisprudential Enigma
    • United States
    • Environmental Law Reporter Nbr. 46-10, October 2016
    • October 1, 2016
    ...of hreatened Status for the Polar Bear (Ursus maritimus) hroughout Its Range 73 Fed. Reg. 28212 (proposed May 15, 2008) (codiied at 50 C.F.R. §17.40(q)). 17. News Release, U.S. Dep’t of Interior, Secretary Kempthorne Proposes Narrow Changes to ESA Consultation Process (Aug. 11, 2008), https......
  • Appendix B. Regulations and Policies
    • United States
    • Endangered species deskbook
    • April 22, 2010
    ...the listed status of a species, revise the boundary of an area designated as critical habitat, or adopt or modify special rules (see 50 CFR 17.40-17.48 and parts 222 and 227) applied to a threatened species only in accordance with the procedures of this part. Sec. 424.11 Factors for listing......

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