cfr_sections
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62 rows where part_number = 17 and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 50:50:2.0.1.1.1.1.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | A | Subpart A—Introduction and General Provisions | § 17.1 Purpose of regulations. | FWS | [40 FR 44415, Sept. 26, 1975, as amended at 42 FR 10465, Feb. 22, 1977] | (a) The regulations in this part implement the Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. 1531-1543, except for those provisions in the Act concerning the Convention on International Trade in Endangered Species of Wild Fauna and Flora, for which regulations are provided in part 23 of this subchapter. (b) The regulations identify those species of wildlife and plants determined by the Director to be endangered or threatened with extinction under section 4(a) of the Act and also carry over the species and subspecies of wildlife designated as endangered under the Endangered Species Conservation Act of 1969 (83 Stat. 275, 16 U.S.C. 668cc-1 to 6) which are deemed endangered species under section 4(c)(3) of the Act. | |||
| 50:50:2.0.1.1.1.1.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | A | Subpart A—Introduction and General Provisions | § 17.2 Scope of regulations. | FWS | [40 FR 44415, Sept. 26, 1975, as amended at 42 FR 10465, Feb. 22, 1977; 89 FR 26094, Apr. 12, 2024] | (a) The regulations of this part apply only to endangered and threatened wildlife and plants, except for § 17.22(b) and (c) and § 17.32(b) and (c), which may apply to wildlife and plant species that are not listed as endangered or threatened if they meet the definition of “covered species.” (b) Permits authorized under this part include: (1) Scientific purposes or enhancement of propagation or survival permits for take associated with research, captive propagation programs, or conservation activities to enhance and recover populations of covered species; and (2) Incidental take permits for take that is incidental to otherwise lawful activities. (c) By agreement between the Service and the National Marine Fisheries Service, the jurisdiction of the Department of Commerce has been specifically defined to include certain species, while jurisdiction is shared in regard to certain other species. Such species are footnoted in subpart B of this part, and reference is given to special rules of the National Marine Fisheries Service for those species. (d) The provisions in this part are in addition to, and are not in lieu of, other regulations of this subchapter B which may require a permit or prescribe additional restrictions or conditions for the importation, exportation, and interstate transportation of wildlife. (e) The examples used in this part are provided solely for the convenience of the public, and to explain the intent and meaning of the regulation to which they refer. They have no legal significance. (f) Certain of the wildlife and plants listed in §§ 17.11 and 17.12 as endangered or threatened are included in Appendix I, II or III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The importation, exportation and reexportation of such species are subject to additional regulations provided in part 23 of this subchapter. | |||
| 50:50:2.0.1.1.1.1.1.3 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | A | Subpart A—Introduction and General Provisions | § 17.3 Definitions. | FWS | [40 FR 44415, Sept. 26, 1975, as amended at 42 FR 28056, June 1, 1977; 44 FR 54006, Sept. 17, 1979; 46 FR 54750, Nov. 4, 1981; 47 FR 31387, July 20, 1982; 50 FR 39687, Sept. 30, 1985; 63 FR 8870, Feb. 23, 1998; 63 FR 48639, Sept. 11, 1998; 69 FR 24092, May 3, 2004; 71 FR 46870, Aug. 15, 2006; 89 FR 23938, Apr. 5, 2024; 89 FR 26094, Apr. 12, 2024] | In addition to the definitions contained in part 10 of this subchapter, and unless the context otherwise requires, in this part 17: Act means the Endangered Species Act of 1973 (16 U.S.C. 1531-1543; 87 Stat. 884); Adequately covered means, with respect to species listed pursuant to section 4 of the Act, that a proposed conservation plan has satisfied the permit issuance criteria under section 10(a)(2)(B) of the Act for the species covered by the plan, and, with respect to non-listed species, that a proposed conservation plan has satisfied the permit issuance criteria under section 10(a)(2)(B) of the Act that would apply if the non-listed species covered by the plan were listed. For the Service to cover a species under a conservation plan, it must be identified as a covered species on the section 10(a)(1)(B) permit. Alaskan Native means a person defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1603(b) (85 Stat. 588)) as a citizen of the United States who is of one-fourth degree or more Alaska Indian (including Tsimshian Indians enrolled or not enrolled in the Metlaktla Indian Community), Eskimo, or Aleut blood, or combination thereof. The term includes any Native, as so defined, either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or town of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any Native village or Native town. Any citizen enrolled by the Secretary pursuant to section 5 of the Alaska Native Claims Settlement Act shall be conclusively presumed to be an Alaskan Native for purposes of this part; Applicant means the person(s), as defined in the Act, who is named and identified on the application and, by signing the application, assumes the responsibility for implementing the terms of an issued permit. Other parties including, without limitations, affiliates, associa… | |||
| 50:50:2.0.1.1.1.1.1.4 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | A | Subpart A—Introduction and General Provisions | § 17.4 Pre-Act wildlife. | FWS | (a) The prohibitions defined in subparts C and D of this part 17 shall not apply to any activity involving endangered or threatened wildlife which was held in captivity or in a controlled environment on December 28, 1973: Provided, (1) That the purposes of such holding were not contrary to the purposes of the Act; and (2) That the wildlife was not held in the course of a commercial activity. (b) Service officers or Customs officers may refuse to clear endangered or threatened wildlife for importation into or exportation from the United States, pursuant to § 14.53 of this subchapter, until the importer or exporter can demonstrate that the exemption referred to in this section applies. Exempt status may be established by any sufficient evidence, including an affidavit containing the following: (1) The affiant's name and address; (2) Identification of the affiant; (3) Identification of the endangered or threatened wildlife which is the subject of the affidavit; (4) A statement by the affiant that to the best of his knowledge and belief, the endangered or threatened wildlife which is the subject of the affidavit was in captivity or in a controlled environment on December 28, 1973, and was not being held for purposes contrary to the Act or in the course of a commercial activity; (5) A statement by the affiant in the following language: The foregoing is principally based on the attached exhibits which, to the best of my knowledge and belief, are complete, true and correct. I understand that this affidavit is being submitted for the purpose of inducing the Federal Government to recognize an exempt status regarding ( insert description of wildlife ), under the Endangered Species Act of 1973 (16 U.S.C. 1531-1543), and regulations promulgated thereunder, and that any false statements may subject me to the criminal penalties of 18 U.S.C. 1001. The foregoing is principally based on the attached exhibits which, to the best of my knowledge and belief, are complete, true and correct. I understand that this affidavit … | ||||
| 50:50:2.0.1.1.1.1.1.5 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | A | Subpart A—Introduction and General Provisions | § 17.5 Alaska natives. | FWS | (a) The provisions of subpart C of this part relating to the importation or the taking of endangered wildlife, and any provision of subpart D of this part relating to the importation or the taking of threatened wildlife, shall not apply to: (1) Any Indian, Aleut, or Eskimo who is an Alaskan native and who resides in Alaska; or (2) Any non-native permanent resident of an Alaskan native village who is primarily dependent upon the taking of wildlife for consumption or for the creation and sale of authentic native articles of handicrafts and clothing: If the taking is primarily for subsistence purposes, and is not accomplished in a wasteful manner. (b) Edible portions of endangered or threatened wildlife taken or imported pursuant to paragraph (a) of this section may be sold in native villages or towns in Alaska for native consumption within native villages and towns in Alaska. (c) Non-edible by-products of endangered or threatened wildlife taken or imported pursuant to paragraph (a) of this section may be sold in interstate commerce when made into authentic native articles of handicrafts and clothing. | ||||
| 50:50:2.0.1.1.1.1.1.6 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | A | Subpart A—Introduction and General Provisions | § 17.6 State cooperative agreements. [Reserved] | FWS | |||||
| 50:50:2.0.1.1.1.1.1.7 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | A | Subpart A—Introduction and General Provisions | § 17.7 Raptor exemption. | FWS | [48 FR 31607, July 8, 1983] | (a) The prohibitions found in §§ 17.21 and 17.31 do not apply to any raptor [a live migratory bird of the Order Falconiformes or the Order Strigiformes, other than a bald eagle ( Haliaeetus leucocephalus ) or a golden eagle ( Aquila chrysaetos )] legally held in captivity or in a controlled environment on November 10, 1978, or to any of its progeny, which is: (1) Possessed and banded in compliance with the terms of a valid permit issued under part 21 of this chapter; and (2) Identified in the earliest applicable annual report required to be filed by a permittee under part 21 of this chapter as in a permittee's possession on November 10, 1978, or as the progeny of such a raptor. (b) This section does not apply to any raptor intentionally returned to the wild. | |||
| 50:50:2.0.1.1.1.1.1.8 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | A | Subpart A—Introduction and General Provisions | § 17.8 Import exemption for threatened, CITES Appendix-II wildlife. | FWS | [72 FR 48446, Aug. 23, 2007, as amended at 89 FR 23938, Apr. 5, 2024] | (a) Except as provided in a species-specific rule in §§ 17.40 through 17.48 or in paragraph (b) of this section, all provisions of §§ 17.31 and 17.32 apply to any specimen of a threatened species of wildlife that is listed in Appendix II of the Convention. (b) Except as provided in a species-specific rule in §§ 17.40 through 17.48, any live or dead specimen of a fish and wildlife species listed as threatened under this part may be imported without a threatened species permit under § 17.32 provided all of the following conditions are met: (1) The specimen was not acquired in foreign commerce or imported in the course of a commercial activity; (2) The species is listed in Appendix II of the Convention. (3) The specimen is imported and subsequently used in accordance with the requirements of part 23 of this subchapter, except as provided in paragraph (b)(4) of this section. (4) Personal and household effects (see § 23.5) must be accompanied by a CITES document. (5) At the time of import, the importer must provide to the FWS documentation that shows the specimen was not acquired in foreign commerce in the course of a commercial activity. (6) All applicable requirements of part 14 of this subchapter are satisfied. | |||
| 50:50:2.0.1.1.1.1.1.9 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | A | Subpart A—Introduction and General Provisions | § 17.9 Permit applications and information collection requirements. | FWS | [63 FR 52635, Oct. 1, 1998. Redesignated at 72 FR 48446, Aug. 23, 2007, as amended at 79 FR 30417, May 27, 2014; 79 FR 43964, July 29, 2014] | (a) Address permit applications for activities affecting species listed under the Endangered Species Act, as amended, as follows: (1) Address activities affecting endangered and threatened species that are native to the United States to the Regional Director for the Region in which the activity is to take place. You can find addresses for the Regional Directors in 50 CFR 2.2. Send applications for interstate commerce in native endangered and threatened species to the Regional Director with lead responsibility for the species. To determine the appropriate region, call the nearest Regional Office: Region 1 (Portland, OR): 503-231-6241 Region 2 (Albuquerque, NM): 505-248-6920 Region 3 (Twin Cities, MN): 612-713-5343 Region 4 (Atlanta, GA): 404-679-7313 Region 5 (Hadley, MA): 413-253-8628 Region 6 (Denver, CO): 303-236-8155, ext 263 Region 7 (Anchorage, AK): 907-786-3620 Headquarters (Washington, DC): 703-358-2106 Region 1 (Portland, OR): 503-231-6241 Region 2 (Albuquerque, NM): 505-248-6920 Region 3 (Twin Cities, MN): 612-713-5343 Region 4 (Atlanta, GA): 404-679-7313 Region 5 (Hadley, MA): 413-253-8628 Region 6 (Denver, CO): 303-236-8155, ext 263 Region 7 (Anchorage, AK): 907-786-3620 Headquarters (Washington, DC): 703-358-2106 (2) Submit permit applications for activities affecting native endangered and threatened species in international movement or commerce, and all activities affecting nonnative endangered and threatened species, to the attention of the Director, U.S. Fish and Wildlife Service, at the address listed for the Division of Management Authority at 50 CFR 2.1(b). (b) The Office of Management and Budget approved the information collection requirements contained in this part 17 under 44 U.S.C. 3507 and assigned OMB Control Numbers 1018-0093 and 1018-0094. The Service may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. We are collecting this information to provide informat… | |||
| 50:50:2.0.1.1.1.2.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | B | Subpart B—Lists | § 17.11 Endangered and threatened wildlife. | FWS | [81 FR 51556, Aug. 4, 2016] | (a) The list in paragraph (h) of this section contains the wildlife species determined by the Service or the National Marine Fisheries Service (NMFS) of the Department of Commerce's National Oceanic and Atmospheric Administration (hereafter in this section referred to as “the Services”) to be endangered species or threatened species. It also contains the wildlife species treated as endangered species or threatened species because they are similar in appearance to and may be confused with endangered or threatened species (see §§ 17.50 through 17.52). The “Common name,” “Scientific name,” “Where listed,” and “Status” columns provide regulatory information; together, they identify listed wildlife species within the meaning of the Act and describe where they are protected. When a taxon has more than one entry, the “Where listed” or “Status” column will identify its status in each relevant geographic area. The listing of a particular taxon includes all lower taxonomic units. (b) “Common name” column. Although common names are included, they cannot be relied upon for identification of any specimen, since they may vary greatly in local usage. In cases where confusion might arise, one or more synonyms are provided in parentheses within the “Common name” column. If a species has been listed as an Evolutionarily Significant Unit (ESU) or a Distinct Vertebrate Population Segment (DPS), the ESU or DPS names will be provided in brackets “[ ]” following the common name. (c) “Scientific name” column. The Services use the most recently accepted scientific name. In cases where confusion might arise, one or more synonyms are provided in parentheses within the “Scientific name” column. The Services rely, to the extent practicable, on the Integrated Taxonomic Information System (ITIS) to determine a species' scientific name. ITIS incorporates the naming principles established by the International Code of Zoological Nomenclature (see paragraph (g) of this section). If the scientific name in ITIS differs from the scientific na… | |||
| 50:50:2.0.1.1.1.2.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | B | Subpart B—Lists | § 17.12 Endangered and threatened plants. | FWS | [81 FR 51583, Aug. 4, 2016] | (a) The list in paragraph (h) of this section contains the plant species determined by the Service or the National Marine Fisheries Service (NMFS) of the Department of Commerce's National Oceanic and Atmospheric Administration (hereafter in this section referred to as “the Services”) to be endangered species or threatened species. It also contains the plant species treated as endangered or threatened because they are similar in appearance to and may be confused with endangered or threatened species (see §§ 17.50 through 17.52). The “Common name,” “Scientific name,” “Where listed,” and “Status” columns provide regulatory information; together, they identify listed plant species within the meaning of the Act and describe where they are protected. When a taxon has more than one entry, the “Where listed” or “Status” column will identify its status in each relevant geographic area. The listing of a particular taxon includes all lower taxonomic units. (b) “Scientific name” column. The Services use the most recently accepted scientific name. In cases where confusion might arise, one or more synonyms are provided in parentheses within the “Scientific name” column. The Services will rely to the extent practicable on the Integrated Taxonomic Information System (ITIS) to determine a species' scientific name. ITIS incorporates the naming principles established by the International Code of Nomenclature for algae, fungi, and plants (see paragraph (g) of this section). If the scientific name in ITIS differs from the scientific name adopted for use under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the CITES nomenclature will be provided in brackets “[ ]” within the “Scientific name” column following the ITIS nomenclature. (c) “Common name” column. Although common names are included, they cannot be relied upon for identification of any specimen, since they may vary greatly in local usage. In cases where confusion might arise, one or more synonyms are provided in parentheses… | |||
| 50:50:2.0.1.1.1.3.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | C | Subpart C—Endangered Wildlife | § 17.21 Prohibitions. | FWS | [40 FR 44415, Sept. 26, 1975, as amended at 40 FR 53400, Nov. 18, 1975; 41 FR 19226, May 11, 1976; 44 FR 31580, May 31, 1979; 44 FR 54007, Sept. 17, 1979; 58 FR 68325, Dec. 27, 1993; 63 FR 48640, Sept. 11, 1998; 68 FR 2919, Jan. 22, 2003; 68 FR 61136, Oct. 27, 2003; 70 FR 52318, Sept. 2, 2005; 77 FR 438, Jan. 5, 2012; 77 FR 43175, July 24, 2012; 79 FR 15252, Mar. 19, 2014; 79 FR 30418, May 27, 2014; 79 FR 43965, July 29, 2014; 81 FR 19930, Apr. 6, 2016; 87 FR 880, Jan. 7, 2022; 89 FR 23938, Apr. 5, 2024] | (a) Except as provided in subpart A of this part, or under permits issued pursuant to § 17.22 or § 17.23, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit or to cause to be committed, any of the acts described in paragraphs (b) through (f) of this section in regard to any endangered wildlife. (b) Import or export. It is unlawful to import or to export any endangered wildlife. Any shipment in transit through the United States is an importation and an exportation, whether or not it has entered the country for customs purposes. (c) Take. (1) It is unlawful to take endangered wildlife within the United States, within the territorial sea of the United States, or upon the high seas. The high seas include all waters seaward of the territorial sea of the United States, except waters officially recognized by the United States as the territorial sea of another country, under international law. (2) Notwithstanding paragraph (c)(1) of this section, any person may take endangered wildlife in defense of their own life or the lives of others. (3) Notwithstanding paragraph (c)(1) of this section, any employee or agent of the Service, any other Federal land management agency, the National Marine Fisheries Service, or a State conservation agency, who is designated by their agency for such purposes, may, when acting in the course of their official duties, take endangered wildlife without a permit if such action is necessary to: (i) Aid a sick, injured, or orphaned specimen; or (ii) Dispose of a dead specimen; or (iii) Salvage a dead specimen that may be useful for scientific study; or (iv) Remove specimens that constitute a demonstrable but nonimmediate threat to human safety, provided that the taking is done in a humane manner; the taking may involve killing or injuring only if it has not been reasonably possible to eliminate such threat by live-capturing and releasing the specimen unharmed in an appropriate area. (4) Any takin… | |||
| 50:50:2.0.1.1.1.3.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | C | Subpart C—Endangered Wildlife | § 17.22 Permits for endangered species. | FWS | [50 FR 39687, Sept. 30, 1985, as amended at 63 FR 8871, Feb. 23, 1998; 63 FR 52635, Oct. 1, 1998; 64 FR 32711, June 17, 1999; 64 FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, 2004; 69 FR 29670, May 25, 2004; 69 FR 71731, Dec. 10, 2004; 81 FR 95055, Dec. 27, 2016; 89 FR 26095, Apr. 12, 2024] | Upon receipt of a complete application, the Director may issue a permit authorizing any activity otherwise prohibited by § 17.21, in accordance with the issuance criteria of this section, for scientific purposes, for enhancing the propagation or survival, or for the incidental taking of endangered wildlife. Such permits may authorize a single transaction, a series of transactions, or a number of activities over a specific period of time. (See § 17.32 for permits for threatened species.) The Director shall publish notice in the Federal Register of each application for a permit that is made under this section. Each notice shall invite the submission from interested parties, within 30 days after the date of the notice, of written data, views, or arguments with respect to the application. The 30-day period may be waived by the Director in an emergency situation where the life or health of an endangered animal is threatened and no reasonable alternative is available to the applicant. Notice of any such waiver shall be published in the Federal Register within 10 days following issuance of the permit. (a)(1) Application requirements for permits for scientific purposes or for the enhancement of propagation or survival. A person wishing to get a permit for an activity prohibited by § 17.21 submits an application for activities under this paragraph. The Service provides Form 3-200 for the application to which all of the following must be attained: (i) The common and scientific names of the species sought to the covered by the permit, as well as the number, age, and sex of such species, and the activity sought to be authorized (such as taking, exporting, selling in interstate commerce); (ii) A statement as to whether, at the time of application, the wildlife sought to be covered by the permit (A) is still in the wild, (B) has already been removed from the wild, or (C) was born in captivity; (iii) A resume of the applicant's attempts to obtain the wildlife sought to be covered by the permit in a manner which would … | |||
| 50:50:2.0.1.1.1.3.1.3 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | C | Subpart C—Endangered Wildlife | § 17.23 Economic hardship permits. | FWS | [40 FR 44415, Sept. 26, 1975, as amended at 40 FR 53400, Nov. 18, 1975; 40 FR 58307, Dec. 16, 1975; 50 FR 39688, Sept. 30, 1985] | Upon receipt of a complete application, the Director may issue a permit authorizing any activity otherwise prohibited by § 17.21, in accordance with the issuance criteria of this section in order to prevent undue economic hardship. The Director shall publish notice in the Federal Register of each application for a permit that is made under this section. Each notice shall invite the submission from interested parties, within 30 days after the date of the notice, of written data, views, or arguments with respect to the application. The 30-day period may be waived by the Director in an emergency situation where the life or health of an endangered animal is threatened and no reasonable alternative is available to the applicant. Notice of any such waiver shall be published in the Federal Register within 10 days following issuance of the permit. (a) Application requirements. Applications for permits under this section must be submitted to the Director by the person allegedly suffering undue economic hardship because his desired activity is prohibited by § 17.21. Each application must be submitted on an official application form (Form 3-200) provided by the Service, and must include, as an attachment, all of the information required in § 17.22 plus the following additional information: (1) The possible legal, economic or subsistence alternatives to the activity sought to be authorized by the permit; (2) A full statement, accompanied by copies of all relevant contracts and correspondence, showing the appli- cant's involvement with the wildlife sought to be covered by the permit (as well as his involvement with similar wildlife), including, where applicable, that portion of applicant's income derived from the taking of such wildlife, or the subsistence use of such wildlife, during the calendar year immediately preceding either the notice in the Federal Register of review of the status of the species or of the proposal to list such wildlife as endangered, whichever is earliest; (3) Where applicable, proof of a … | |||
| 50:50:2.0.1.1.1.4.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.31 Prohibitions. | FWS | [89 FR 23939, Apr. 5, 2024] | (a) Except as provided in §§ 17.4 through 17.8, or in a permit issued pursuant to § 17.32, the provisions of paragraph (b) of this section and all of the provisions of § 17.21 (for endangered species of wildlife), except § 17.21(c)(3) and (5), apply to threatened species of wildlife, unless the Secretary has promulgated species-specific provisions (see paragraph (c) of this section). (b)(1) Notwithstanding § 17.21(c)(1), and unless otherwise specified, any employee or agent of the Service, any other Federal land management agency, the National Marine Fisheries Service, a State conservation agency, or a federally recognized Tribe, who is designated by their agency or Tribe for such purposes, may, when acting in the course of their official duties, take threatened wildlife without a permit if such action is necessary to: (i) Aid a sick, injured, or orphaned specimen; or (ii) Dispose of a dead specimen; or (iii) Salvage a dead specimen that may be useful for scientific study; or (iv) Remove specimens that constitute a demonstrable but nonimmediate threat to human safety, provided that the taking is done in a humane manner; the taking may involve killing or injuring only if it has not been reasonably possible to eliminate such threat by live-capturing and releasing the specimen unharmed, in an appropriate area. (2) Any taking under paragraph (b)(1) of this section must be reported in writing to the Office of Law Enforcement, via contact methods listed at https://www.fws.gov, within 5 calendar days. The specimen may only be retained, disposed of, or salvaged under directions from the Office of Law Enforcement. (3) Notwithstanding § 17.21(c)(1), and unless otherwise specified, any employee or agent of the Service, of the National Marine Fisheries Service, or of a State conservation agency that is operating a conservation program pursuant to the terms of an approved cooperative agreement with the Service that covers the threatened species of wildlife in accordance with section 6(c) of the Act, who is designated… | |||
| 50:50:2.0.1.1.1.4.1.10 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.47 Species-specific rules—insects. | FWS | [77 FR 20986, Apr. 6, 2012, as amended at 79 FR 67348, Oct. 24, 2014; 84 FR 64227, Nov. 21, 2019; 85 FR 65260, Oct. 15, 2020; 86 FR 72427, Dec. 20, 2021; 87 FR 73678, Dec. 1, 2022; 88 FR 2036, Jan. 12, 2023; 89 FR 11772, Feb. 15, 2024; 89 FR 23940, Apr. 5, 2024] | (a) Cassius blue butterfly ( Leptotes cassius theonus ), Ceraunus blue butterfly ( Hemiargus ceraunus antibubastus ), and Nickerbean blue butterfly ( Cyclargus ammon ). (1) The provisions of § 17.31(c) apply to these species (cassius blue butterfly, ceraunus blue butterfly, nickerbean blue butterfly), regardless of whether in the wild or in captivity, and also apply to the progeny of any such butterfly. (2) Any violation of State law will also be a violation of the Act. (3) Incidental take, that is, take that results from, but is not the purpose of, carrying out an otherwise lawful activity, will not apply to the cassius blue butterfly, ceraunus blue butterfly, and nickerbean blue butterfly. (4) Collection of the cassius blue butterfly, ceraunus blue butterfly, and nickerbean blue butterfly is prohibited in coastal counties south of Interstate 4 and extending to the boundaries of the State of Florida at the endpoints of Interstate 4 at Tampa and Daytona Beach. Specifically, such activities are prohibited in the following counties: Brevard, Broward, Charlotte, Collier, De Soto, Hillsborough, Indian River, Lee, Manatee, Pinellas, Sarasota, St. Lucie, Martin, Miami-Dade, Monroe, Palm Beach, and Volusia. (b) Dakota skipper ( Hesperia dacotae )—(1) Which populations of the Dakota skipper are covered by this special rule? This rule covers the distribution of Dakota skipper in the United States. (2) Prohibitions. Except as noted in paragraph (b)(3) of this section, all prohibitions and provisions of §§ 17.31 and 17.32 apply to the Dakota skipper. (3) Exemptions from prohibitions. Incidental take of Dakota skipper will not be a violation of section 9 of the Act if it occurs as a result of the following activities (except where explicitly stated otherwise, these activities must be associated with livestock ranching): (i) Fence construction and maintenance. (ii) Livestock gathering and management. The installation and maintenance of corrals, loading chutes, and other livestock working facilities must be car… | |||
| 50:50:2.0.1.1.1.4.1.11 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.48 [Reserved] | FWS | |||||
| 50:50:2.0.1.1.1.4.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.32 Permits for threatened species. | FWS | [50 FR 39689, Sept. 30, 1985, as amended at 63 FR 8871, Feb. 23, 1998; 63 FR 52635, Oct. 1, 1998; 64 FR 32714, June 17, 1999; 64 FR 52676, Sept. 30, 1999; 69 FR 24093, May 3, 2004; 69 FR 29670, May 25, 2004; 69 FR 71731, Dec. 10, 2004; 81 FR 95055, Dec. 27, 2016; 89 FR 23939, Apr. 5, 2024; 89 FR 26098, Apr. 12, 2024] | Upon receipt of a complete application, the Director may issue a permit for any activity otherwise prohibited with regard to threatened wildlife. The permit shall be governed by the provisions of this section unless a species-specific rule applicable to the wildlife and set forth in §§ 17.40 through 17.48 provides otherwise. A permit issued under this section must be for one of the following purposes: scientific purposes, or the enhancement of propagation or survival, or economic hardship, or zoological exhibition, or educational purposes, or incidental taking, or special purposes consistent with the purposes of the Act. Such a permit may authorize a single transaction, a series of transactions, or a number of activities over a specific period of time. (a)(1) Application requirements for permits for scientific purposes, or the enhancement of propagation or survival, or economic hardship, or zoological exhibition, or educational purposes, or special purposes consistent with the purposes of the Act. A person wishing to get a permit for an activity prohibited by § 17.31 submits an application for activities under this paragraph. The Service provides Form 3-200 for the application to which as much of the following information relating to the purpose of the permit must be attached: (i) The Common and scientific names of the species sought to be covered by the permit, as well as the number, age, and sex of such species, and the activity sought to be authorized (such as taking, exporting, selling in interstate commerce); (ii) A statement as to whether, at the time of application, the wildlife sought to be covered by the permit (A) is still in the wild, (B) has already been removed from the wild, or (C) was born in captivity; (iii) A resume of the applicant's attempts to obtain the wildlife sought to be covered by the permit in a manner which would not cause the death or removal from the wild of such wildlife; (iv) If the wildlife sought to be covered by the permit has already been removed from the wild, the count… | |||
| 50:50:2.0.1.1.1.4.1.3 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.40 Species-specific rules—mammals. | FWS | [40 FR 44415, Sept. 26, 1975] | (a) Mazama pocket gophers (Olympia, Roy Prairie, Tenino, and Yelm) ( Thomomys mazama pugetensis, glacialis, tumuli, and yelmensis )—(1) Which populations of the Mazama pocket gopher are covered by this special rule? This special rule covers the four Thurston/Pierce subspecies of the Mazama pocket gopher (Olympia, Roy Prairie, Tenino, and Yelm) ( Thomomys mazama pugetensis, glacialis, tumuli, and yelmensis ) wherever they occur. (2) What activities are prohibited? Except as noted in paragraphs (a)(3) through (7) of this section, all prohibitions of § 17.31 apply to the Olympia, Roy Prairie, Tenino, and Yelm pocket gophers. (3) What activities are allowed on civilian airports? Incidental take of the Olympia, Roy Prairie, Tenino, and Yelm pocket gophers will not be a violation of section 9 of the Act, if the incidental take results from non-Federal routine maintenance activities in or adjacent to Mazama pocket gopher habitat and associated with airport operations on civilian airports. Routine maintenance activities include the following: (i) Routine management, repair, and maintenance of runways, roads, and taxiways (does not include upgrades, or construction of new runways, roads, or taxiways, or new development at airports); (ii) Hazing of hazardous wildlife; (iii) Management of forage, water, and shelter to reduce the attractiveness of the area around airports for hazardous wildlife; and (iv) Control or other management of noxious weeds and invasive plants through mowing, discing, herbicide and fungicide application, fumigation, or burning. Use of herbicides, fungicides, fumigation, and burning must occur in such a way that nontarget plants are avoided to the maximum extent practicable. (4) What agricultural activities are allowed on non-Federal lands? Incidental take of the Olympia, Roy Prairie, Tenino, and Yelm pocket gophers will not be a violation of section 9 of the Act, if the incidental take results from agricultural or horticultural (farming) practices implemented on such lands consiste… | |||
| 50:50:2.0.1.1.1.4.1.4 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.41 Species-specific rules—birds. | FWS | [43 FR 6233, Feb. 14, 1978] | (a) Streaked horned lark ( Eremophila alpestris strigata ). (1) Prohibitions. The following prohibitions that apply to endangered wildlife also apply to streaked horned lark. Except as provided under paragraph (a)(2) of this section and §§ 17.4 and 17.5, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or cause to be committed, any of the following acts in regard to this species: (i) Import or export, as set forth at § 17.21(b) for endangered wildlife. (ii) Take, as set forth at § 17.21(c)(1) for endangered wildlife. (iii) Possession and other acts with unlawfully taken specimens, as set forth at § 17.21(d)(1) for endangered wildlife. (iv) Interstate or foreign commerce in the course of commercial activity, as set forth at § 17.21(e) for endangered wildlife. (v) Sale or offer for sale, as set forth at § 17.21(f) for endangered wildlife. (2) Exceptions from prohibitions. In regard to this species, you may: (i) Conduct activities as authorized by a permit under § 17.32. (ii) Take, as set forth at § 17.21(c)(2) through (4) for endangered wildlife, and (c)(6) and (7) for endangered migratory birds. (iii) Take, as set forth at § 17.31(b). (iv) Take incidental to an otherwise lawful activity caused by: (A) The management of hazardous wildlife at airport facilities by airport staff or employees contracted by the airport to perform hazardous wildlife management activities. Hazardous wildlife is defined by the Federal Aviation Administration as species of wildlife, including feral animals and domesticated animals not under control, that are associated with aircraft strike problems, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard. Routine management activities include, but are not limited to, the following: ( 1 ) Hazing of hazardous wildlife; ( 2 ) Habitat modification and management of sources of forage, water, and shelter to reduce… | |||
| 50:50:2.0.1.1.1.4.1.5 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.42 Species-specific rules—reptiles. | FWS | [42 FR 2076, Jan. 10, 1977, as amended at 43 FR 32809, July 28, 1978; 44 FR 59084, Oct. 12, 1979; 45 FR 17589, Mar. 19, 1980; 45 FR 78154, Nov. 25, 1980; 48 FR 46336, Oct. 12, 1983; 50 FR 25678, June 20, 1985; 50 FR 45409, Oct. 31, 1985; 52 FR 21063, June 4, 1987; 52 FR 42662, Nov. 6, 1987; 55 FR 12191, Apr. 2, 1990; 61 FR 32366, June 24, 1996; 62 FR 59622, Nov. 4, 1997; 65 FR 25879, May 4, 2000; 72 FR 48446, Aug. 23, 2007; 78 FR 38190, June 25, 2013; 79 FR 38746, July 8, 2014; 80 FR 60489, Oct. 6, 2015; 85 FR 11306, Feb. 27, 2020; 86 FR 57376, Oct. 15, 2021; 88 FR 19017, Mar. 30, 2023; 89 FR 23940, Apr. 5, 2024; 89 FR 53528, June 27, 2024; 89 FR 57236, July 12, 2024; 89 FR 65225, Aug. 9, 2024] | (a) American alligator ( Alligator mississippiensis )—(1) Definitions. For purposes of this paragraph (a) the following definitions apply: (i) American alligator means any specimen of the species Alligator mississippiensis , whether alive or dead, including any skin, part, product, egg, or offspring thereof held in captivity or from the wild. (ii) The definitions of crocodilian skins and crocodilian parts in § 23.70(b) of this subchapter apply to this paragraph (a). (2) Taking. No person may take any American alligator, except: (i) Any employee or agent of the Service, any other Federal land management agency, or a State conservation agency, who is designated by the agency for such purposes, may, when acting in the course of official duties, take an American alligator. (ii) Any person may take an American alligator in the wild, or one which was born in captivity or lawfully placed in captivity, and may deliver, receive, carry, transport, ship, sell, offer to sell, purchase, or offer to purchase such alligator in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity in accordance with the laws and regulations of the State of taking subject to the following conditions: (A) Any skin of an American alligator may be sold or otherwise transferred only if the State or Tribe of taking requires skins to be tagged by State or tribal officials or under State or tribal supervision with a Service-approved tag in accordance with the requirements in part 23 of this subchapter; and (B) Any American alligator specimen may be sold or otherwise transferred only in accordance with the laws and regulations of the State or Tribe in which the taking occurs and the State or Tribe in which the sale or transfer occurs. (3) Import and export. Any person may import or export an American alligator specimen provided that it is in accordance with part 23 of this subchapter. (4) Recordkeeping. (i) Any person not holding an import/export license issued by the Service under part… | |||
| 50:50:2.0.1.1.1.4.1.6 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.43 Species-specific rules—amphibians. | FWS | [40 FR 44415, Sept. 26, 1975, as amended at 45 FR 47363, July 14, 1980; 67 FR 40811, June 13, 2002; 69 FR 47248, Aug. 4, 2004; 71 FR 19293, Apr. 13, 2006; 77 FR 16375, Mar. 20, 2012; 80 FR 47428, Aug. 7, 2015; 86 FR 30728, June 9, 2021; 88 FR 59725, Aug. 29, 2023; 89 FR 23940, Apr. 5, 2024] | (a) San Marcos salamander ( Eurycea nana ). (1) All provisions of § 17.31 apply to this species, except that it may be taken in accordance with applicable State law. (2) Any violation of State law will also be a violation of the Act. (b) Chiricahua leopard frog ( Lithobates chiricahuensis ). (1) What activities are prohibited? Except as noted in paragraph (b)(2) of this section, all prohibitions of § 17.31 will apply to the Chiricahua leopard frog. (2) What activities are allowed on private, State, or Tribal land? Incidental take of the Chiricahua leopard frog will not be considered a violation of section 9 of the Act, if the take results from livestock use at or maintenance activities of livestock tanks located on private, State, or Tribal lands. A livestock tank is defined as an existing or future impoundment in an ephemeral drainage or upland site constructed primarily as a watering site for livestock. (c) California tiger salamander ( Ambystoma californiense ). (1) Which populations of the California tiger salamander are covered by this special rule? This rule covers the California tiger salamander ( Ambystoma californiense ) rangewide. (2) What activities are prohibited? Except as noted in paragraph (c)(3) of this section, all prohibitions of § 17.31 will apply to the California tiger salamander. (3) What activities are allowed on private or Tribal land? Incidental take of the California tiger salamander will not be a violation of section 9 of the Act, if the incidental take results from routine ranching activities located on private or Tribal lands. Routine ranching activities include, but are not limited to, the following: (i) Livestock grazing according to normally acceptable and established levels of intensity in terms of the number of head of livestock per acre of rangeland; (ii) Control of ground-burrowing rodents using poisonous grain according to the labeled directions and local, State, and Federal regulations and guidelines (The use of toxic or suffocating gases is not exempt fro… | |||
| 50:50:2.0.1.1.1.4.1.7 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.44 Species-specific rules—fishes. | FWS | [40 FR 44415, Sept. 26, 1975] | (a) Lahontan cutthroat trout and Paiute cutthroat trout ( Oncorhynchus clarkii henshawi and Oncorhynchus clarkii seleniris ). (1) All the provisions of § 17.31 apply to these species, except that they may be taken in accordance with applicable State law. (2) Violation of State law will also be a violation of the Act. (b) Bayou darter ( Etheostoma rubrum ). (1) All the provisions of § 17.31 apply to this species, except that they may be taken in accordance with applicable State law. (2) Any violation of State law will also be a violation of the Act. (c) Slender chub ( Hybopsis cahni ), spotfin chub ( Erimonax monachus ), slackwater darter ( Etheostoma boschungi ), and yellowfin madtom ( Noturus flavipinnis ). (1) All the provisions of § 17.31 apply to these species, except that they may be taken in accordance with applicable State law. (2) Any violation of State law will also be a violation of the Act. (d) Leopard darter ( Percina pantherina ). (1) All provisions of § 17.31 apply to this species, except that it may be taken in accordance with applicable State law. (2) Any violation of State law will also be a violation of the Act. (e) Little Kern golden trout ( Salmo aguabonita whitei ). (1) All provisions of § 17.31 apply to this species, except that it may be taken in accordance with applicable State law. (2) Any violation of State law will also be a violation of the Act. (f) Greenback cutthroat trout ( Salmo clarki stomias ). (1) All provisions of § 17.31 apply to this species, except that it may be taken in accordance with applicable State law. (2) Any violation of State law will also be a violation of the Act. (g) Chihuahua chub ( Gila nigrescens). (1) All provisions of § 17.31 apply to this species, except that it may be taken in accordance with applicable State law. (2) Any violation of State law will also be a violation of the Endangered Species Act. (h) Yaqui catfish ( Ictalurus pricei ) and beautiful shiner ( Notropis formosus ). (1) All provisions of § 17.31 apply to these species, exce… | |||
| 50:50:2.0.1.1.1.4.1.8 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.45 Species-specific rules—snails and clams. | FWS | [86 FR 64034, Nov. 16, 2021, as amended at 87 FR 6077, Feb. 3, 2022; 88 FR 14839, Mar. 9, 2023; 88 FR 41757, June 27, 2023; 89 FR 23940, Apr. 5, 2024; 89 FR 48099, June 4, 2024] | (a) Atlantic pigtoe ( Fusconaia masoni )—(1) Prohibitions. The following prohibitions that apply to endangered wildlife also apply to the Atlantic pigtoe. Except as provided under paragraphs (a)(2) and (3) of this section and §§ 17.4 and 17.5, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or cause to be committed, any of the following acts in regard to this species: (i) Import or export, as set forth at § 17.21(b) for endangered wildlife. (ii) Take, as set forth at § 17.21(c)(1) for endangered wildlife. (iii) Possession and other acts with unlawfully taken specimens, as set forth at § 17.21(d)(1) for endangered wildlife. (iv) Interstate or foreign commerce in the course of commercial activity, as set forth at § 17.21(e) for endangered wildlife. (v) Sale or offer for sale, as set forth at § 17.21(f) for endangered wildlife. (2) General exceptions from prohibitions. In regard to this species, you may: (i) Conduct activities as authorized by a permit under § 17.32. (ii) Take, as set forth at § 17.21(c)(2) through (c)(4) for endangered wildlife. (iii) Take, as set forth at § 17.31(b). (iv) Possess and engage in other acts with unlawfully taken Atlantic pigtoe, as set forth at § 17.21(d)(2) through (4) for endangered wildlife. (3) Exceptions from prohibitions for specific types of incidental take. The following entities and activities that cause take that is incidental to an otherwise lawful activity are not in violation of the prohibitions: (i) Species restoration efforts by State wildlife agencies, including collection of broodstock, tissue collection for genetic analysis, captive propagation, and subsequent stocking into currently occupied and unoccupied areas within the historical range of the species, and follow-up monitoring. (ii) Channel restoration projects that create natural, physically stable, ecologically functioning streams (or stream and wetland systems) that are reconnected with their grou… | |||
| 50:50:2.0.1.1.1.4.1.9 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | D | Subpart D—Threatened Wildlife | § 17.46 Species-specific rules—crustaceans. | FWS | [47 FR 43701, Oct. 4, 1982, as amended at 87 FR 576, Jan. 5, 2022; 88 FR 25538, Apr. 27, 2023; 89 FR 23940, Apr. 5, 2024] | (a) Madison Cave isopod ( Antrolana lira ). (1) All provisions of § 17.31 (a) and (b) apply to this species except that it may be taken for scientific purposes without Federal permits issued pursuant to these regulations: Provided, that all other Federal, State, or local laws, regulations, ordinances or other restrictions or limitations have been complied with. (b) Panama City crayfish ( Procambarus econfinae )—(1) Prohibitions. The following prohibitions that apply to endangered wildlife also apply to the Panama City crayfish. Except as provided under paragraph (b)(2) of this section and §§ 17.4 and 17.5, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or cause to be committed, any of the following acts in regard to this species: (i) Import or export, as set forth at § 17.21(b) for endangered wildlife. (ii) Take, as set forth at § 17.21(c)(1) for endangered wildlife. (iii) Possession and other acts with unlawfully taken specimens, as set forth at § 17.21(d)(1) for endangered wildlife. (iv) Interstate or foreign commerce in the course of a commercial activity, as set forth at § 17.21(e) for endangered wildlife. (v) Sale or offer for sale, as set forth at § 17.21(f) for endangered wildlife. (2) Exceptions from prohibitions. In regard to this species, you may: (i) Conduct activities as authorized by a permit under § 17.32. (ii) Take, as set forth at § 17.21(c)(2) through (4) for endangered wildlife. (iii) Take as set forth at § 17.31(b). (iv) Take incidental to an otherwise lawful activity caused by: (A) Development practices that: ( 1 ) Maintain existing structures, and build or rebuild structures that occur within the existing footprint of previously developed areas; ( 2 ) Build new structures that occur within 100 feet of existing structures on an individual private landowner's property and with a new footprint less than 1,000 square feet, such as a pool or shed associated with an existing house; ( … | |||
| 50:50:2.0.1.1.1.5.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | E | Subpart E—Similarity of Appearance | § 17.50 General. | FWS | [42 FR 32377, June 24, 1977, as amended at 81 FR 51605, Aug. 4, 2016] | (a) Whenever a species which is not Endangered or Threatened closely resembles an Endangered or Threatened species, such species may be treated as either Endangered or Threatened if the director makes such determination in accordance with section 4(e) of the Act and the criteria of paragraph (b) of this section. After the Director has made such determination in accordance with the notification procedures specified in the Act, such species shall appear in the list in § 17.11 (Wildlife) or § 17.12 (Plants) with the notation “(S/A)” (similarity of appearance) in the “Status” column, following either a letter “E” or a letter “T” to indicate whether the species is being treated as Endangered or Threatened. (b) In determining whether to treat a species as Endangered or Threatened due to similarity of appearance, the Director shall consider the criteria in section 4(e) of the Act, as indicated below: (1) The degree of difficulty enforcement personnel would have in distinguishing the species, at the point in question, from an Endangered or Threatened species (including those cases where the criteria for recognition of a species are based on geographical boundaries); (2) The additional threat posed to the Endangered or Threatened species by the loss of control occasioned because of the similarity of appearance; and (3) The probability that so designating a similar species will substantially facilitate enforcement and further the purposes and policy of the Act. | |||
| 50:50:2.0.1.1.1.5.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | E | Subpart E—Similarity of Appearance | § 17.51 Treatment as endangered or threatened. | FWS | (a) Any species listed in § 17.11 or § 17.12, pursuant to § 17.50, shall be treated as Endangered or Threatened, as indicated in the “Status” column. (b) All of the provisions of subparts C (Endangered Wildlife), D (Threatened Wildlife), F (Endangered Plants) or G (Threatened Plants), as appropriate, shall apply to any such species. | ||||
| 50:50:2.0.1.1.1.5.1.3 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | E | Subpart E—Similarity of Appearance | § 17.52 Permits—similarity of appearance. | FWS | [42 FR 32377, June 24, 1977, as amended at 81 FR 51605, Aug. 4, 2016] | Upon receipt of a complete application and unless otherwise indicated in a rule found at §§ 17.40 through 17.48, §§ 17.73 through 17.78, or §§ 17.84 through 17.86, the Director may issue permits for any activity otherwise prohibited with a species designated as endangered or threatened due to its similarity of appearance. Such a permit may authorize a single transaction, a series of transactions, or a number of activities over a specified period of time. (a) Application requirements. An application for a permit under this section must be submitted to the Director by the person who wishes to engage in the prohibited activity. The permit for activities involving interstate commerce of plants must be obtained by the seller; in the case of wildlife, the permit must be obtained by the buyer. The application must be submitted on an official application form (Form 3-200) provided by the Service, or must contain the general information and certification required by § 13.12(a) of this subchapter. It must include, as an attachment, all of the following information: Documentary evidence, sworn affidavits, or other information to show species identification and the origin of the wildlife or plant in question. This information may be in the form of hunting licenses, hide seals, official stamps, export documents, bills of sales, certification, expert opinion, or other appropriate information. (b) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a) of this section, the Director will decide whether or not a permit should be issued. In making his decision, the Director shall consider, in addition to the general criteria, in § 13.21(b) of this subchapter, the following factors: (1) Whether the information submitted by the applicant appears reliable; (2) Whether the information submitted by the applicant adequately identifies the wildlife or plant in question so as to distinguish it from any Endangered or Threatened wildlife or plant. (c) Permit conditions. In addition to the gener… | |||
| 50:50:2.0.1.1.1.6.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | F | Subpart F—Endangered Plants | § 17.61 Prohibitions. | FWS | [44 FR 54060, Sept. 18, 1979, as amended at 50 FR 39690, Sept. 30, 1985; 89 FR 23940, Apr. 5, 2024] | (a) General prohibitions. Except as provided in a permit issued pursuant to § 17.62 or § 17.63, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or to cause to be committed, any of the acts described in paragraphs (b) through (e) of this section in regard to any endangered plant. (b) Import or export. It is unlawful to import or to export any endangered plant. Any shipment in transit through the United States is an importation and an exportation, whether or not it has entered the country for customs purposes. (c) Remove and reduce to possession. (1) It is unlawful to remove and reduce to possession any endangered plant from an area under Federal jurisdiction; maliciously damage or destroy the species on any such area; or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law. (2) Notwithstanding paragraph (c)(1) of this section, any employee or agent of the Service, any other Federal land management agency, or a State conservation agency who is designated by their agency for such purposes may, when acting in the course of official duties, remove and reduce to possession endangered plants from areas under Federal jurisdiction without a permit if such action is necessary to: (i) Care for a damaged or diseased specimen; (ii) Dispose of a dead specimen; or (iii) Salvage a dead specimen that may be useful for scientific study. (3) Any removal and reduction to possession pursuant to paragraph (c)(2) of this section must be reported in writing to the Office of Law Enforcement, via contact methods listed at https://www.fws.gov, within 5 calendar days. The specimen may only be retained, disposed of, or salvaged under directions from the Office of Law Enforcement. (4) Notwithstanding paragraph (c)(1) of this section, any qualified employee or agent of a State conservation age… | |||
| 50:50:2.0.1.1.1.6.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | F | Subpart F—Endangered Plants | § 17.62 Permits for scientific purposes or for the enhancement of propagation or survival. | FWS | [44 FR 54060, Sept. 18, 1979, as amended at 50 FR 39690, Sept. 30, 1985; 63 FR 52635, Oct. 1, 1998; 79 FR 30419, May 27, 2014] | Upon receipt of a complete application the Director may issue a permit authorizing any activity otherwise prohibited by § 17.61, in accordance with the issuance criteria of this section, for scientific purposes or for enhancing the propagation or survival of endangered plants. (See § 17.72 for permits for threatened plants.) Such a permit may authorize a single transaction, a series of transactions, or a number of activities over a specified period of time. (a) Application requirements. A person wishing to get a permit for an activity prohibited by § 17.61 submits an application to conduct activities under this paragraph. For interstate commerce activities the seller gets the permit for plants coming from cultivated stock and the buyer gets the permit if the plants are taken from the wild. The Service provides application Form 3-200, or you may submit the general information and certification required by § 13.12(a) of this subchapter. Application requirements differ for permits issued for plants taken from the wild (excluding seeds), seeds and cultivated plants, or herbarium specimens. You must attach the following information and any other information requested by the Director. (1) For activities involving plants obtained from the wild (excluding seeds), provide the following information: (i) The scientific names of the plants sought to be covered by the permit; (ii) The estimated number of specimens sought to be covered by the permit; (iii) The year, country, and approximate place where taking occurred or will occur; (iv) If the activities would involve removal and reduction to possession of a plant from an area under Federal jurisdiction, the year, State, county, or any other description such as place name, township, and range designation that will precisely place the location where the proposed removal and reduction to possession will occur, the name of the Federal entity having jurisdiction over the area, and the name, title, address, and phone number of the person in charge of the area. (v) The nam… | |||
| 50:50:2.0.1.1.1.6.1.3 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | F | Subpart F—Endangered Plants | § 17.63 Economic hardship permits. | FWS | [44 FR 54060, Sept. 18, 1979] | Upon receipt of a complete application, the Director may issue a permit authorizing any activity otherwise prohibited by § 17.61, in accordance with Section 10(b) of the Act and the issuance criteria of this section, in order to prevent undue economic hardship. No such exemption may be granted for the importation or exportation of a species also listed in Appendix I of the Convention on International Trade in endangered Species of Wild Fauna and Flora, if the specimen would be used in a commercial activity. (a) Application requirements. An application for a permit under this section must be submitted to the Director by the person allegedly suffering undue economic hardship because his desired activity is prohibited. The application must be submitted on an official application form (Form 3-200) provided by the Service, or must contain the general information and certification required by § 13.12(a) of this subchapter. It must include, as an attachment, all of the information required in § 17.62 plus the following additional information. (1) The possible legal or economic alternatives to the activity sought to be authorized by the permit. (2) A full statement, accompanied by copies of all relevant correspondence, showing the applicant's involvement with the plant sought to be covered by the permit (as well as his involvement with similar plants). The applicant should include information on that portion of his income derived from activities involving such plants in relation to the balance of his income during the calendar year immediately preceding either the Federal Register notice of review of the status of the species or proposed rulemaking to list the species as Endangered, whichever is earlier. (3) Where applicable, proof of a contract or other binding legal obligation which: (i) Deals specifically with the plant sought to be covered by the permit; (ii) Became binding prior to the date of the Federal Register notice of review of the status of the species or proposed rulemaking to list the species as… | |||
| 50:50:2.0.1.1.1.7.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | G | Subpart G—Threatened Plants | § 17.71 Prohibitions. | FWS | [89 FR 23940, Apr. 5, 2024] | (a) Except as provided in a permit issued pursuant to § 17.72, the provisions of paragraph (b) of this section and all of the provisions of § 17.61, except § 17.61(c)(2) through (4), apply to threatened species of plants, unless the Secretary has promulgated species-specific provisions (see paragraph (c) of this section), with the following exception: Seeds of cultivated specimens of species treated as threatened are exempt from all the provisions of § 17.61, provided that a statement that the seeds are of “cultivated origin” accompanies the seeds or their container during the course of any activity otherwise subject to the regulations in this subpart. (b)(1) Notwithstanding § 17.61(c)(1) and unless otherwise specified, any employee or agent of the Service, any other Federal land management agency, federally recognized Tribe, or a State conservation agency, who is designated by their agency or Tribe for such purposes, may, when acting in the course of official duties, remove and reduce to possession threatened plants from areas under Federal jurisdiction without a permit if such action is necessary to: (i) Care for a damaged or diseased specimen; (ii) Dispose of a dead specimen; or (iii) Salvage a dead specimen that may be useful for scientific study. (2) Any removal and reduction to possession pursuant to paragraph (b)(1) of this section must be reported in writing to the Office of Law Enforcement, via contact methods listed at https://www.fws.gov, within 5 calendar days. The specimen may only be retained, disposed of, or salvaged under directions from the Office of Law Enforcement. (3) Notwithstanding § 17.61(c)(1) and unless otherwise specified, any employee or agent of the Service or of a State conservation agency that is operating a conservation program pursuant to the terms of an approved cooperative agreement with the Service that covers the threatened species of plants in accordance with section 6(c) of the Act, who is designated by their agency for such purposes, may, when acting in the course of… | |||
| 50:50:2.0.1.1.1.7.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | G | Subpart G—Threatened Plants | § 17.72 Permits—general. | FWS | [42 FR 32380, June 24, 1977, as amended at 50 FR 39691, Sept. 30, 1985; 63 FR 52636, Oct. 1, 1998; 79 FR 30419, May 27, 2014; 89 FR 23941, Apr. 5, 2024] | Upon receipt of a complete application, the Director may issue a permit authorizing any activity otherwise prohibited with regard to threatened plants. The permit shall be governed by the provisions of this section unless a species-specific rule applicable to the plant and set forth in §§ 17.73 through 17.78 provides otherwise. A permit issued under this section must be for one of the following: scientific purposes, the enhancement of the propagation or survival of threatened species, economic hardship, botanical or horticultural exhibition, educational purposes, or other activities consistent with the purposes and policy of the Act. Such a permit may authorize a single transaction, a series of transactions, or a number of activities over a specified period of time. (a) Application requirements. A person wishing to get a permit for an activity prohibited by § 17.71 submits an application to conduct activities under this paragraph. For interstate commerce activities the seller gets the permit for plants coming from cultivated stock and the buyer gets the permit if the plants are taken from the wild. The Service provides Form 3-200 for the application or you may submit the general information and certification required by § 13.12(a) of this subchapter. Application requirements differ for permits issued for plants taken from the wild (excluding seeds), seeds and cultivated plants, or herbarium specimens. You must attach the following information and any other information requested by the Director. (1) For activities involving plants obtained from the wild (excluding seeds), provide the following information: (i) The scientific names of the plants sought to be covered by the permit; (ii) The estimated number of specimens sought to be covered by the permit; (iii) The year, country, and approximate place where taking occurred or will occur; (iv) If the activities would involve removal and reduction to possession of a plant from an area under Federal jurisdiction, the year, State, county or any other description… | |||
| 50:50:2.0.1.1.1.7.1.3 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | G | Subpart G—Threatened Plants | § 17.73 Species-specific rules—flowering plants. | FWS | [86 FR 48568, Aug. 31, 2021, as amended at 87 FR 18738, Mar. 31, 2022; 87 FR 40114, July 6, 2022; 87 FR 66607, Nov. 4, 2022; 87 FR 74012, Dec. 2, 2022; 88 FR 21866, Apr. 11, 2023; 88 FR 25238, Apr. 25, 2023; 88 FR 30057, May 10, 2023; 88 FR 57209, Aug. 22, 2023; 88 FR 74906, Nov. 1, 2023] | (a) Graptopetalum bartramii (Bartram's stonecrop)—(1) Prohibitions. The following prohibitions apply to Graptopetalum bartramii, except as provided under paragraph (a)(2) of this section: (i) Import or export. It is unlawful to import or to export any Graptopetalum bartramii. Any shipment in transit through the United States is an importation and an exportation, whether or not it has entered the country for customs purposes. (ii) Remove and reduce to possession. It is unlawful to remove and reduce to possession the species from areas under Federal jurisdiction; maliciously damage or destroy the species on any such area; or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law. (iii) Interstate or foreign commerce. It is unlawful to deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever, and in the course of a commercial activity, any Graptopetalum bartramii. (iv) Sale or offer for sale. (A) It is unlawful to sell or to offer for sale in interstate or foreign commerce any Graptopetalum bartramii. (B) An advertisement for the sale of any Graptopetalum bartramii which carries a warning to the effect that no sale may be consummated until a permit has been obtained from the Service, shall not be considered an offer for sale within the meaning of this paragraph. (v) It is unlawful to attempt to commit, solicit another to commit, or cause to be committed, any of the acts described in this paragraph (a)(1). (2) Exception s from prohibitions. The following exceptions from prohibitions apply to Graptopetalum bartramii: (i) A person may apply for a permit in accordance with 50 CFR 17.72 that authorizes an activity otherwise prohibited by this paragraph for Graptopetalum bartramii. (ii)(A) Any employee or agent of the Service, any other Federal land management agency, or a State conservation agency, who… | |||
| 50:50:2.0.1.1.1.7.1.4 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | G | Subpart G—Threatened Plants | § 17.74 Species-specific rules—conifers and cycads. | FWS | [87 FR 76917, Dec. 15, 2022, as amended at 89 FR 23941, Apr. 5, 2024] | (a) Whitebark pine ( Pinus albicaulis ). (1) Prohibitions. The following prohibitions that apply to endangered plants also apply to whitebark pine, except as provided under paragraph (a)(2) of this section: (i) Import or export, as set forth at § 17.61(b) for endangered plants. (ii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.61(c)(1) for endangered plants. (iii) Maliciously damage or destroy the species on any areas under Federal jurisdiction, or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any State law or regulation or in the course of any violation of a State criminal trespass law, as set forth at section 9(a)(2)(B) of the Act. (iv) Interstate or foreign commerce in the course of commercial activity, as set forth at § 17.61(d) for endangered plants. (v) Sell or offer for sale, as set forth at § 17.61(e) for endangered plants. (2) Exception s from prohibitions. In regard to the whitebark pine, you may: (i) Conduct activities as authorized by permit under § 17.72. (ii) Conduct forest-management, restoration, or research-related activities conducted or authorized by the Federal agency with jurisdiction over the land where the activities occur. (iii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.71(b). (iv) Collect whitebark pine seeds from areas under Federal jurisdiction for Tribal ceremonial use or traditional Tribal consumption, provided that: (A) The collection is conducted by members of federally recognized Tribes; and (B) The collection does not violate any other applicable laws and regulations. (b) [Reserved] | |||
| 50:50:2.0.1.1.1.7.1.5 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | G | Subpart G—Threatened Plants | §§ 17.75-17.78 [Reserved] | FWS | |||||
| 50:50:2.0.1.1.1.8.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | H | Subpart H—Experimental Populations | § 17.80 Definitions. | FWS | [49 FR 33893, Aug. 27, 1984, as amended at 88 FR 42651, July 3, 2023] | (a) The term experimental population means an introduced and/or designated population (including any offspring arising solely therefrom) that has been so designated in accordance with the procedures of this subpart but only when, and at such times as, the population is wholly separate geographically from nonexperimental populations of the same species. Where part of an experimental population overlaps with nonexperimental populations of the same species on a particular occasion, but is wholly separate at other times, specimens of the experimental population will not be recognized as such while in the area of overlap. That is, experimental status will be recognized only outside the areas of overlap. Thus, such a population will be treated as experimental only when the times of geographic separation are reasonably predictable, e.g., fixed migration patterns, natural or manmade barriers. A population is not treated as experimental if total separation will occur solely as a result of random and unpredictable events. (b) The term essential experimental population means an experimental population whose loss would be likely to appreciably reduce the likelihood of the survival of the species in the wild. All other experimental populations are to be classified as nonessential. | |||
| 50:50:2.0.1.1.1.8.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | H | Subpart H—Experimental Populations | § 17.81 Listing. | FWS | [49 FR 33893, Aug. 27, 1984, as amended at 88 FR 42651, July 3, 2023] | (a) The Secretary may designate as an experimental population a population of endangered or threatened species that will be released into habitat that is capable of supporting the experimental population outside the species' current range, subject to the further conditions specified in this section, provided that all designations of experimental populations must proceed by regulation adopted in accordance with 5 U.S.C. 553 and the requirements of this subpart. (b) Before authorizing the release as an experimental population of any population (including eggs, propagules, or individuals) of an endangered or threatened species, and before authorizing any necessary transportation to conduct the release, the Secretary must find by regulation that such release will further the conservation of the species. In making such a finding, the Secretary will use the best scientific and commercial data available to consider: (1) Any possible adverse effects on extant populations of a species as a result of removal of individuals, eggs, or propagules for introduction elsewhere; (2) The likelihood that any such experimental population will become established and survive in the foreseeable future; (3) The relative effects that establishment of an experimental population will have on the recovery of the species; (4) The extent to which the introduced experimental population may be affected by existing or anticipated Federal or State actions or private activities within or adjacent to the experimental population area; and (5) When an experimental population is being established outside of its historical range, any possible adverse effects to the ecosystem that may result from the experimental population being established. (c) Any regulation promulgated under paragraph (a) of this section shall provide: (1) Appropriate means to identify the experimental population, including, but not limited to, its actual or proposed location, actual or anticipated migration, number of specimens released or to be released, and other criteria … | |||
| 50:50:2.0.1.1.1.8.1.3 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | H | Subpart H—Experimental Populations | § 17.82 Prohibitions. | FWS | [88 FR 42652, July 3, 2023] | Any population determined by the Secretary to be an experimental population will be treated as if it were listed as a threatened species for purposes of establishing protective regulations under section 4(d) of the Act with respect to such population. The species-specific rules (protective regulations) adopted for an experimental population under § 17.81 will contain applicable prohibitions, as appropriate, and exceptions for that population. | |||
| 50:50:2.0.1.1.1.8.1.4 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | H | Subpart H—Experimental Populations | § 17.83 Interagency cooperation. | FWS | [49 FR 33893, Aug. 27, 1984, as amended at 88 FR 42651, July 3, 2023] | (a) Any experimental population designated for a listed species (1) determined pursuant to § 17.81(c)(2) of this subpart not to be essential to the survival of that species and (2) not occurring within the National Park System or the National Wildlife Refuge System, shall be treated for purposes of section 7 (other than subsection (a)(1) thereof) as a species proposed to be listed under the Act as a threatened species. (b) For a listed species, any experimental population that, pursuant to § 17.81(c)(2), has been determined to be essential to the survival of the species or that occurs within the National Park System or the National Wildlife Refuge System, as now or hereafter constituted, will be treated for purposes of section 7 of the Act as a threatened species. (c) For purposes of section 7 of the Act, any consultation or conference on a proposed Federal action will treat any experimental and nonexperimental populations as a single listed species for the purposes of conducting the analyses and making agency determinations pursuant to section 7(a) of the Act. | |||
| 50:50:2.0.1.1.1.8.1.5 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | H | Subpart H—Experimental Populations | § 17.84 Species-specific rules—vertebrates. | FWS | [49 FR 35954, Sept. 13, 1984; 50 FR 30194, July 24, 1985] | (a) Guam kingfisher, sihek ( Todiramphus cinnamominus ). (1) Where is the occurrence of sihek designated as a nonessential experimental population (NEP)? The nonessential experimental population (NEP) area for the sihek is Palmyra Atoll. Palmyra Atoll is located in the Northern Line Islands, approximately 1,000 miles (1,609 km) south of Honolulu, Hawaii (5° 53′N latitude, 162° 05′W longitude). The extent of the NEP area for sihek is the 250 ha (618 ac) of emergent land distributed among 25 islands, inclusive of the lagoons surrounding those islands. (2) What take of sihek is allowed in the NEP area? (i) Throughout the sihek NEP area, you will not be in violation of the Act if you take a sihek, provided such take is nonnegligent and incidental to a lawful activity, such as habitat management, invasive species management, or scientific research and monitoring, and you report the take as soon as possible as provided under paragraph (a)(2)(iii) of this section. (ii) Any person with a valid permit issued by the Service under § 17.32 may take sihek in the NEP area, pursuant to the terms of the permit. Additionally, any employee or authorized agent of the Service, Guam Division of Aquatic and Wildlife Resources, The Nature Conservancy, Zoological Society of London, or Association of Zoos and Aquariums, who is designated and trained to capture, handle, band, attach transmitters, and collect biological samples, when acting in the course of official duties, may take a sihek within the NEP area if such action is necessary to: (A) Handle birds for scientific purposes such as banding, measuring, and sample collection; (B) Relocate individuals or bring individuals into captivity for the purposes of increasing sihek survival or fecundity; (C) Aid a sick, injured, or orphaned sihek; (D) Salvage a dead specimen that may be useful for scientific study; (E) Dispose of a dead specimen; (F) Aid in law enforcement investigations involving the sihek; or (G) Take sihek into captivity in accordance with the exit strategy of… | |||
| 50:50:2.0.1.1.1.8.1.6 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | H | Subpart H—Experimental Populations | § 17.85 Species-specific rules—invertebrates. | FWS | [66 FR 32263, June 14, 2001, as amended at 72 FR 52459, Sept. 13, 2007; 77 FR 16717, Mar. 22, 2012; 82 FR 28578, June 23, 2017; 87 FR 8965, Feb.17, 2022; 87 FR 15145, Mar. 17, 2022; 88 FR 42652, July 3, 2023; 88 FR 71672, Oct. 17, 2023] | (a) Fourteen mollusks in the Tennessee River. The species in the following table comprise nonessential experimental populations (NEPs): (1) Where are these mollusks designated as nonessential experimental populations (NEPs)? (i) The NEP Area for these 14 mollusks is within the species' historic ranges, and is defined as follows: The free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Reservoir (river mile (RM) 259.4 [414.0 km] to RM 246.0 [393.6 km] and includes the lower 5 RM (8 km) of all tributaries to this reach in Colbert and Lauderdale Counties, Alabama. (ii) None of the identified species are known to exist in any of the tributaries to the free-flowing reach of the Tennessee River below Wilson Dam or from below the backwaters of Pickwick Reservoir, Colbert and Lauderdale Counties, Alabama. In the future, if any of the 14 mollusks are found upstream of the lower 5 RM (8 km) of these tributaries or downstream into Pickwick Reservoir, we will presume the animals came from the reintroduced NEP, and we will amend this rule and enlarge the boundaries of the NEP Area to include the entire range of the expanded population. (iii) We do not intend to change the NEP designations to “essential experimental,” “threatened,” or “endangered” within the NEP Area. Additionally, we will not designate critical habitat for these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP Area? (i) Except as expressly allowed in the rule in this paragraph (a), all the prohibitions of § 17.31(a) and (b) apply to the mollusks identified in the rule in this paragraph (a). (ii) Any manner of take not described under paragraph (a)(3) of this section will not be allowed in the NEP Area. We may refer the unauthorized take of these species to the appropriate authorities for prosecution. (iii) You may not possess, sell, deliver, carry, transport, ship, import, or export by any means whatsoever any of the identified 14 mollusks, or… | |||
| 50:50:2.0.1.1.1.8.1.7 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | H | Subpart H—Experimental Populations | § 17.86 [Reserved] | FWS | |||||
| 50:50:2.0.1.1.1.9.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | I | Subpart I—Interagency Cooperation | § 17.94 Critical habitats. | FWS | [82 FR 49755, Oct. 27, 2017, as amended at 83 FR 18702, Apr. 27, 2018; 86 FR 38576, July 22, 2021] | (a) The areas listed in § 17.95 (fish and wildlife), § 17.96 (plants), and § 17.99 (plants on the Hawaiian Islands) and referred to in the lists at §§ 17.11 and 17.12 have been determined by the Director to be critical habitat. All Federal agencies must insure that any action authorized, funded, or carried out by them is not likely to result in the destruction or adverse modification of the constituent elements essential to the conservation of the listed species within these defined critical habitats. (See part 402 for rules concerning this prohibition; see also part 424 for rules concerning the determination of critical habitat). (b) Maps. | |||
| 50:50:2.0.1.1.1.9.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS | I | Subpart I—Interagency Cooperation | § 17.95 Critical habitat—fish and wildlife. | FWS | [42 FR 47840, Sept. 22, 1977] | (a) Mammals. Florida Bonneted Bat ( Eumops floridanus ) (1) Critical habitat units are depicted for Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Lee, Miami-Dade, Monroe, Okeechobee, Osceola, and Polk Counties, Florida, on the maps in this entry. (2) Within these areas, the physical or biological features essential to the conservation of Florida bonneted bat consist of the following components: (i) Habitats with sufficient darkness that provide for roosting and rearing of offspring. Such habitat provides structural features for rest, digestion of food, social interaction, mating, rearing of young, protection from sunlight and adverse weather conditions, and cover to reduce predation risks for adults and young, and is generally characterized by: (A) Live or dead trees and tree snags, especially longleaf pine, slash pine, bald cypress, and royal palm, that are sufficiently large (in diameter) and tall and have cavities of a sufficient size for roosts; and (B) Live or dead trees and tree snags with sufficient cavity height, spacing from adjacent trees, and relative canopy height to provide unobstructed space for Florida bonneted bats to emerge from roost trees; this may include open or semi-open canopy and canopy gaps. (ii) Habitats that provide adequate prey and space for foraging, which may vary widely across the Florida bonneted bat's range, in accordance with ecological conditions, seasons, and disturbance regimes that influence vegetation structure and prey species' distributions. Foraging habitat may be separate and relatively far from roosting habitat. Essential foraging habitat consists of sufficiently dark open areas in or near areas of high insect production or congregation, commonly including, but not limited to: (A) Freshwater edges, and freshwater herbaceous wetlands (permanent or seasonal); (B) Prairies; (C) Wetland and upland shrub; and/or (D) Wetland and upland forests. (iii) A dynamic disturbance regime (e.g., fire, hurricanes, forest management) t… | |||
| 50:50:3.0.1.1.1.1.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | I | Subpart I—Interagency Cooperation (Continued) | § 17.95 Critical habitat—fish and wildlife. (Continued) | FWS | [42 FR 47840, Sept. 22, 1977] | (b) Birds. Akekee ( Loxops caeruleirostris ) (1) Critical habitat units are depicted for Kauai County, Hawaii, on the maps below. The maps provided are for informational purposes only. (2) Primary constituent elements. (i) In units 1, 2, and 3, the primary constituent elements of critical habitat for Akekee ( Loxops caeruleirostris ) are: (A) Elevation: 3,000 to 5,243 ft (914 to 1,598 m). (B) Annual precipitation: 50 to 75 inches (127 to 190 centimeters). (C) Substrate: Weathered aa lava flows, rocky mucks, thin silty loams, deep volcanic ash soils. (D) Canopy: Acacia, Metrosideros , Psychotria, Tetraplasandra , Zanthoxylum. (E) Subcanopy: Cheirodendron, Coprosma , Kadua, Ilex , Myoporum, Myrsine. (F) Understory: Bidens, Dryopteris , Leptecophylla, Poa , Scaevola, Sophora. (G) Arthropod prey. (ii) In units 4, 5, and 6, the primary constituent elements of critical habitat for Akekee ( Loxops caeruleirostris ) are: (A) Elevation: 3,000 to 5,243 ft (914 to 1,598 m). (B) Annual precipitation: Greater than 75 inches (190 centimeters). (C) Substrate: Well-developed soils, montane bogs. (D) Canopy: Acacia, Charpentiera , Cheirodendron, Metrosideros. (E) Subcanopy: Broussaisia, Cibotium , Eurya, Ilex , Myrsine. (F) Understory: Ferns, Carex, Coprosma , Leptecophylla, Oreobolus , Rhynchospora, Vaccinium. (G) Arthropod prey. (3) Manmade features and structures, such as buildings, roads, railroads, airports, runways, other paved areas, lawns, and other urban landscaped areas, existing on the effective date of this rule do not contain one or more of the primary constituent elements. (4) Critical habitat maps. Maps were created in GIS, with coordinates in UTM Zone 4, units in meters using North American datum of 1983 (NAD 83). (5) Index map of critical habitat units for Akekee ( Loxops caeruleirostris ) follows: (6) Unit 1-Montane Mesic, Kauai County, Hawaii. (i) Unit 1-Montane Mesic consists of 2,422.6 ac (980.4 ha) and includes l… | |||
| 50:50:4.0.1.1.1.1.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | I | Subpart I—Interagency Cooperation (Continued) | § 17.95 Critical habitat—fish and wildlife. (Continued) | FWS | [42 FR 47840, Sept. 22, 1977] | (c) Reptiles. Culebra Island Giant Anole ( Anolis roosevetti ) Note: No text. Map follows: Mona Boa ( Epicrates monensis monensis ) Commonwealth of Puerto Rico. Mona Island—entire island. Note: Map follows: American Crocodile ( Crocodylus acutus ) Florida. All land and water within the following boundary: Beginning at the easternmost tip of Turkey Point, Dade County, on the coast of Biscayne Bay; thence southeastward along a straight line to Christmas Point at the southernmost tip of Elliott Key; thence southwestward along a line following the shores of the Atlantic Ocean side of Old Rhodes Key, Palo Alto Key, Anglefish Key, Key Largo, Plantation Key, Windley Key, Upper Matecumbe Key, Lower Matecumbe Key, and Long Key, to the westernmost tip of Long Key; thence Northwestward along a straight line to the westernmost tip of Middle Cape; thence northward along the shore of the Gulf of Mexico to the north side of the mouth of Little Sable Creek; thence eastward along a straight line to the northernmost point of Nine-Mile Pond; thence northeastward along a straight line to the point of beginning. Note: No map. Narrow-headed Gartersnake ( Thamnophis rufipunctatus ) (1) Critical habitat units are depicted for Greenlee, Apache, Yavapai, Gila, and Coconino Counties in Arizona, as well as in Grant, Hidalgo, and Catron Counties in New Mexico, on the maps in this entry. (2) Within these areas, the physical or biological features essential to the conservation of narrow-headed gartersnake consist of the following components: (i) Perennial streams or spatially intermittent streams that provide both aquatic and terrestrial habitat that allows for immigration, emigration, and maintenance of population connectivity of narrow-headed gartersnakes and contain: (A) Pools, riffles, and cobble and boulder substrate, with a low amount of fine sediment and substrate embeddedness; (B) Organic and natural inorganic structural features ( e.g., cobble bars, rock piles, large boulders, … | |||
| 50:50:5.0.1.1.1.1.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | I | Subpart I—Interagency Cooperation (Continued) | § 17.95 Critical habitat—fish and wildlife. (Continued) | FWS | [42 FR 47840, Sept. 22, 1977] | (f) Clams and Snails. Canoe Creek Clubshell ( Pleurobema athearni ) (1) Critical habitat units are depicted for St. Clair and Etowah Counties, Alabama, on the maps in this entry. (2) Within these areas, the physical or biological features essential to the conservation of the Canoe Creek clubshell consist of the following components: (i) Suitable substrates and connected instream habitats, characterized by a geomorphically stable stream channel (a channel that maintains its lateral dimensions, longitudinal profile, and spatial pattern over time without aggrading or degrading bed elevation) and connected instream habitats (such as stable riffle-run-pool habitats that provide flow refuges consisting of silt-free gravel and coarse sand substrates). (ii) A hydrologic flow regime ( i.e., the magnitude, frequency, duration, and seasonality of discharge over time) necessary to maintain benthic habitats where the species is found; to maintain connectivity of streams with the floodplain; and to provide for normal behavior, growth, and survival of all life stages of Canoe Creek clubshell mussels and their fish hosts. (iii) Water quality (including, but not limited to, temperature, conductivity, hardness, turbidity, ammonia, heavy metals, oxygen content, and other chemical characteristics) necessary to sustain natural physiological processes for normal behavior, growth, and viability of all life stages of Canoe Creek clubshell mussels and their fish hosts. (iv) Sediment quality (including, but not limited to, coarse sand and/or gravel substrates with low to moderate amounts of fine sediment, low amounts of attached filamentous algae, and other physical and chemical characteristics) necessary for normal behavior, growth, and viability of all life stages of Canoe Creek clubshell mussels and their fish hosts. (v) The presence and abundance of fish hosts, which may include the tricolor shiner ( Cyprinella trichroistia ), Alabama shiner ( C. callistia ), and striped shiner ( Luxilus chrysocephalus ), neces… | |||
| 50:50:6.0.1.1.1.1.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | I | Subpart I—Interagency Cooperation (Continued) | § 17.96 Critical habitat—plants. | FWS | (a) Flowering plants. Family Agavaceae: Agave eggersiana (No Common Name) (1) Critical habitat units are depicted for St. Croix, USVI, on the maps in this entry. (2) Within these areas, the primary constituent elements of the physical or biological features essential to the conservation of Agave eggersiana consist of these components: (i) Areas consisting of coastal cliffs and dry coastal shrublands. (A) Coastal cliff habitat includes: ( 1 ) Bare rock; and ( 2 ) Sparse vegetation. (B) Dry coastal shrubland habitat includes: ( 1 ) Dry forest structure; and ( 2 ) A plant community of predominately native vegetation. (ii) Well-drained soils from the series Cramer, Glynn, Hasselberg, Southgate, and Victory. (iii) Habitat of sufficient area to sustain viable populations in the coastal cliffs and dry coastal shrublands described in paragraphs (2)(i)(A) and (2)(i)(B) of this entry. (3) Critical habitat does not include manmade structures (such as buildings, bridges, docks, aqueducts, roads, and other paved areas) and the land on which they are located existing within the legal boundaries on October 9, 2014. (4) Critical habitat map units. Data layers defining map units were created on a base of an aerial image (USCOE) and USFS-IITF Landcover GAP raster. Critical habitat units were then mapped using Universal Transverse Mercator (UTM) North American Datum (NAD) 1983 Zone 20 N coordinates. The maps in this entry, as modified by any accompanying regulatory text, establish the boundaries of the critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at the Service's Internet site at http://www.fws.gov/caribbean/es, at http://www.regulations.gov at Docket No. FWS-R4-ES-2013-0040, and at the field office responsible for this designation. You may obtain field office location information by contacting one of the Service regional offices, the addresses of which are listed at 50 CFR 2.2. (5) Index map of criti… | ||||
| 50:50:6.0.1.1.1.1.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | I | Subpart I—Interagency Cooperation (Continued) | §§ 17.97-17.98 [Reserved] | FWS | |||||
| 50:50:7.0.1.1.1.1.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | I | Subpart I—Interagency Cooperation (Continued) | § 17.99 Critical habitat; plants on the Hawaiian Islands. | FWS | [68 FR 9241, Feb. 27, 2003, as amended at 68 FR 13055, Mar. 18, 2003; 68 FR 26038, May 14, 2003; 68 FR 28072, May 22, 2003; 68 FR 36080, June 17, 2003; 68 FR 39704, July 2, 2003; 75 FR 19097, Apr. 13, 2010; 77 FR 57767, Sept. 18, 2012. Redesignated at 85 FR 82388, Dec. 18, 2020] | (a) Maps and critical habitat unit descriptions for the islands of Kauai and Niihau, HI. The following paragraphs contain the legal descriptions of the critical habitat units designated for the Hawaiian Islands of Kauai and Niihau. Existing manmade features and structures within the boundaries of the mapped areas, such as buildings; roads; aqueducts and other water system features, including but not limited to pumping stations, irrigation ditches, pipelines, siphons, tunnels, water tanks, gaging stations, intakes, reservoirs, diversions, flumes, and wells; existing trails; campgrounds and their immediate surrounding landscaped area; scenic lookouts; remote helicopter landing sites; existing fences; telecommunications equipment towers and associated structures and equipment; electrical power transmission lines and distribution, and communication facilities and regularly maintained associated rights-of-way and access ways; radars, telemetry antennas; missile launch sites; arboreta and gardens; heiau (indigenous places of worship or shrines), and other archaeological sites; airports; other paved areas; and lawns and other rural residential landscaped areas do not contain one or more of the primary constituent elements described for each species in paragraph (b) of this section and therefore are not included in the critical habitat designations. (1) Kauai. Critical habitat units are described below. Coordinates are in UTM Zone 4 with units in meters using North American Datum of 1983 (NAD83). The following map shows the general locations of the critical habitat units designated on the island of Kauai. (i) Note: Map 1—Index map follows: (ii) Kauai 1— Ischaemum byrone —a (1 ha; .4 ac) (A) [Reserved] (B) Map 2 follows: (iii) Kauai 2— Ischaemum byrone —b (6 ha; 14 ac) (A) [Reserved] (B) Map 3 follows: (iv) Kauai 3— Ischaemum byrone —c (7 ha; 17 ac) (A) [Reserved] (B) Map 4 follows: (v) Kauai 4— Adenophorus periens —a (237 ha; 585 ac) (A) [Reserved] (B) Map 5 follows: (vi) Kauai 4- Chamaesyce remyi v… | |||
| 50:50:8.0.1.1.1.1.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | I | Subpart I—Interagency Cooperation (Continued) | § 17.99 Critical habitat; plants on the Hawaiian Islands. (Continued) | FWS | [68 FR 9241, Feb. 27, 2003, as amended at 68 FR 13055, Mar. 18, 2003; 68 FR 26038, May 14, 2003; 68 FR 28072, May 22, 2003; 68 FR 36080, June 17, 2003; 68 FR 39704, July 2, 2003; 77 FR 57767, Sept. 18, 2012; 83 FR 42424, Aug. 21, 2018. Redesignated at 85 FR 82388, Dec. 18, 2020; 88 FR 7147, Feb. 2, 2023; 88 FR 17959, Mar. 12, 2024] | (i) Oahu. Critical habitat units are described below. Maps were created in GIS, with coordinates in UTM Zone 4 with units in meters using North American Datum of 1983 (NAD83). The maps in this entry, as modified by any accompanying regulatory text, establish the boundaries of the critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at the Service's Internet site, http://www.fws.gov/pacificislands ; at http://www.regulations.gov at Docket No. FWS-R1-ES-2010-0043; and at the field office responsible for the designation. You may obtain field office location information by contacting one of the Service regional offices, the addresses of which are listed at 50 CFR 2.2. Existing manmade features and structures, such as buildings, roads, railroads, airports, runways, other paved areas, lawns, and other urban landscaped areas, existing trails, campgrounds and their immediate surrounding landscaped area, scenic lookouts, remote helicopter landing sites, and existing fences are not included in the critical habitat designation. Federal actions limited to those areas, therefore, would not trigger a consultation under section 7 of the Act unless they may affect the species or physical or biological features in adjacent critical habitat. (1) Map 1—Index map follows: (2) Oahu—Coastal—Unit 1 (958 ac; 388 ha). (i) This unit is critical habitat for Achyranthes splendens var. rotundata, Bidens amplectens, Schenkia sebaeoides, Chamaesyce celastroides var. kaenana, Schiedea kealiae, Sesbania tomentosa, and Vigna o-wahuensis. (ii) Map of Oahu—Coastal—Unit 1 (Map 2) follows: (3) Oahu—Coastal—Unit 2 (12 ac; 5 ha). (i) This unit is critical habitat for Schenkia sebaeoides, Chamaesyce kuwaleana, Sesbania tomentosa, and Vigna o-wahuensis. (ii) Map of Oahu—Coastal—Unit 2 (Map 3) follows: (4) Oahu—Coastal—Unit 3 (15 ac; 6 ha) and Oahu-Coastal-Unit 4 (3 ac; 1 ha). (i) These units are critical habitat for Schenkia sebaeoides, Chamaesyce kuwaleana, S… | |||
| 50:50:8.0.1.1.1.2.1.1 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | J | Subpart J—Manatee Protection Areas | § 17.100 Purpose. | FWS | This subpart provides a means for establishing manatee protection areas without waters under the jurisdiction of the United States, including coastal waters adjacent to and inland waters within the several States, within which certain waterborne activities will be restricted or prohibited for the purpose of preventing the taking of manatees. | ||||
| 50:50:8.0.1.1.1.2.1.10 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | J | Subpart J—Manatee Protection Areas | §§ 17.109-17.199 [Reserved] | FWS | |||||
| 50:50:8.0.1.1.1.2.1.2 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | J | Subpart J—Manatee Protection Areas | § 17.101 Scope. | FWS | This subpart applies to the West Indian manatee ( Trichechus manatus ), also known as the Florida manatee and as the sea cow. The provisions of this subpart are in addition to, and not in lieu of, other regulations contained in this chapter I which may require a permit or prescribe additional restrictions on the importation, exportation, transportation, or taking of wildlife, and the regulations contained in title 33, CFR, which regulate the use of navigable waters. | ||||
| 50:50:8.0.1.1.1.2.1.3 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | J | Subpart J—Manatee Protection Areas | § 17.102 Definitions. | FWS | [44 FR 60964, Oct. 22, 1979, as amended at 67 FR 693, Jan. 7, 2002] | In addition to definitions contained in the Acts, part 10 of this subchapter, and § 17.3 of this part, and unless the context otherwise requires, in this subpart: Acts means the Endangered Species Act of 1973, as amended (87 Stat. 884, 16 U.S.C. 1531-1543) and the Marine Mammal Protection Act of 1972, as amended (86 Stat. 1027, 16 U.S.C. 1361-1407); Authorized officer means any commissioned, warrant, or petty officer of the U.S. Coast Guard, or any officer or agent designated by the Director of the U.S. Fish and Wildlife Service, the Secretary of the Interior, the Secretary of Commerce, or the Secretary of the Treasury, or any officer designated by the head of a Federal or State agency which has entered into an agreement with the Secretary of the Interior, Secretary of Commerce, Secretary of the Treasury, or Secretary of Transportation to enforce the Acts, or any Coast Guard personnel accompanying and acting under the direction of a person included above in this definition; Idle speed is defined as the minimum speed needed to maintain steerage (direction) of the vessel; Manatee protection area means a manatee refuge or a manatee sanctuary; Manatee refuge means an area in which the Director has determined that certain waterborne activity would result in the taking of one or more manatees, or that certain waterborne activity must be restricted to prevent the taking of one or more manatees, including but not limited to a taking by harassment; Manatee sanctuary means an area in which the Director has determined that any waterborne activity would result in a taking of one or more manatees, including but not limited to a taking by harassment; Planing means riding on or near the water's surface as a result of the hydrodynamic forces on a water vehicle's hull, sponsons, foils, or other surfaces. A water vehicle is considered on plane when it is being operated at or above the speed necessary to keep the vessel planing; Slow speed is defined as the speed at which a water vehicle proceeds when it is fully of… | |||
| 50:50:8.0.1.1.1.2.1.4 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | J | Subpart J—Manatee Protection Areas | § 17.103 Establishment of protection areas. | FWS | The Director may, by regulation issued in accordance with 5 U.S.C. 553 and 43 CFR part 14, establish manatee protection areas whenever there is substantial evidence showing such establishment is necessary to prevent the taking of one or more manatees. Any regulation establishing a manatee protection area shall state the following information: (a) Whether the area is to be a manatee sanctuary or refuge. (1) If the area is to be a manatee sanctuary, the regulation shall state that all waterborne activities are prohibited. (2) If the area is to be a manatee refuge, the regulation shall state which, if any, waterborne activities are prohibited, and it shall state the applicable restrictions, if any, on permitted waterborne activities. (b) A description of the area sufficient enough so that its location and dimensions can be readily ascertained without resort to means other than published maps, natural or man-made physical reference points, and posted signs. (c) Whether the designation is to remain in effect year-round, and if not, the time of year it is to remain in effect. | ||||
| 50:50:8.0.1.1.1.2.1.5 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | J | Subpart J—Manatee Protection Areas | § 17.104 Prohibitions. | FWS | [44 FR 60964, Oct. 22, 1979, as amended at 77 FR 15631, Mar. 16, 2012] | Except as provided in § 17.105, (a) Manatee sanctuary. It is unlawful for any person to engage in any waterborne activity within a manatee sanctuary. (b) Manatee refuge. It is unlawful for any person within a particular manatee refuge to engage in any waterborne activity which has been specifically prohibited within that refuge, or to engage in any waterborne activity in a manner contrary to that permitted by regulation within that area. Any take of manatees under the Acts (see § 18.3 of this chapter for a definition of “take” in regard to marine mammals), including take by harassment, is prohibited wherever it may occur. (c) State law. It is unlawful for any person to engage in any waterborne activity prohibited by, or to engage in any waterborne activity in a manner contrary to that permitted by, any State law or regulation the primary purpose of which is the protection of manatees: Provided: that such State law or regulation has been issued as part of a program which is determined to be in accordance with the Endangered Species Act of 1973, pursuant to section 6(c) of that Act (16 U.S.C. 1535(c)) or has been approved as consistent with the Marine Mammal Protection Act of 1972 in accordance with section 109 of that Act (16 U.S.C. 1379) and 50 CFR 18.53. 1 1 Editorial Note: Section 18.53 was removed at 48 FR 22456, May 18, 1983. See the note at part 18, subpart F. | |||
| 50:50:8.0.1.1.1.2.1.6 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | J | Subpart J—Manatee Protection Areas | § 17.105 Permits and exceptions. | FWS | (a) The Director may issue permits allowing the permittee to engage in any activity otherwise prohibited by this subpart. Such permits shall be issued in accordance with the provisions of § 17.22 of this part. Such permits shall be issued only for scientific purposes or for the enhancement of propagation or survival. All of the provisions of § 17.22 shall apply to the issuance of such permits, including those provisions which incorporate other sections by reference. Compliance with this paragraph does not by itself constitute compliance with any applicable requirements of part 18. (b) Any authorized officer may engage in any activity otherwise prohibited by this subpart if: (1) The officer is acting in the performance of his or her official duties; and (2) The activity is being conducted to directly protect any manatees, to enhance the propagation or survival of manatees, or is reasonably required to enforce the other provisions of this subpart. (c) Any person may engage in any activity otherwise prohibited by this subpart if such activity is reasonably necessary to prevent the loss of life or property due to weather conditions or other reasonably unforeseen circumstances, or to render necessary assistance to persons or property. (d) Any waterborne activity which would otherwise be prohibited by this subpart may be engaged in if it is conducted by or under a contract with a Federal agency and if the Secretary of Defense, in accordance with section 7(j) of the Endangered Species Act of 1973 (16 U.S.C. 1536(j)) makes a finding that such activity is necessary for reasons of national security. Such a finding must be made prior to the beginning of the activity or the designation of the protection area, whichever occurs later; except that in the case of an emergency establishment of a protection area under § 17.106, the finding must be made within 10 days after the beginning of the activity or the designation of the protection area, whichever occurs later. | ||||
| 50:50:8.0.1.1.1.2.1.7 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | J | Subpart J—Manatee Protection Areas | § 17.106 Emergency establishment of protection areas. | FWS | (a) The Director may establish a manatee protection area under the provisions of paragraphs (b) and (c) of this section at any time he determines there is substantial evidence that there is imminent danger of a taking of one or more manatees, and that such establishment is necessary to prevent such a taking. (b) The establishment of a manatee protection area under this section shall become effective immediately upon completion of the following requirements: (1) Publication of a notice containing the information required by § 17.103 of this section in a newspaper of general circulation in each county, if any, in which the protection area lies; and (2) Posting of the protection area with signs clearly marking its boundaries. (c) Simultaneously with the publication required by paragraph (b) of this section, the Director shall publish the same notice in the Federal Register. If simultaneous publication is impractical, because of the time involved or the nature of a particular emergency situation, failure to publish notice in the Federal Register simultaneously shall not delay the effective date of the emergency establishment. In such a case, notice shall be published in the Federal Register as soon as possible. (d) No emergency establishment of a protection area shall be effective for more than 120 days. Termination of an emergency establishment of a protection area shall be accomplished by publishing notice of the termination in the Federal Register and in a newspaper of general circulation in each county, if any, in which the protection area lies. (e) Within 10 days after establishing a protection area in accordance with this section, the Director shall commence proceedings to establish the area in accordance with § 17.103. | ||||
| 50:50:8.0.1.1.1.2.1.8 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | J | Subpart J—Manatee Protection Areas | § 17.107 Facilitating enforcement. | FWS | Water vehicles operating in manatee sanctuary or refuge waters are subject to boarding and inspection for the purpose of enforcing the Acts and these regulations. (a) The operator of a water vehicle shall immediately comply with instructions issued by authorized officers to facilitate boarding and inspection of the water vehicle. (b) Upon being approached by an authorized officer, the operator of a water vehicle shall be alert for signals conveying enforcement instructions. (c) A water vehicle signaled for boarding shall: (1) Guard channel 16, VHF-FM, if equipped with a VHF-FM radio; (2) Stop immediately and lay to or maneuver in such a manner as to facilitate boarding by the authorized officer and his or her party; (3) When necessary to facilitate the boarding, provide a safe ladder, manrope, safety line and illumination of the ladder; and (4) Take such other actions as may be necessary to ensure the safety of the authorized officer and his or her party and to facilitate the boarding and inspection. (d) It is unlawful for any person to assault, resist, oppose, impede, intimidate, or interfere with any authorized officer or member of his or her party. | ||||
| 50:50:8.0.1.1.1.2.1.9 | 50 | Wildlife and Fisheries | I | B | 17 | PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS (CONTINUED) | J | Subpart J—Manatee Protection Areas | § 17.108 List of designated manatee protection areas. | FWS | [45 FR 74881, Nov. 12, 1980, as amended at 57 FR 5990, Feb. 19, 1992; 59 FR 24658, May 12, 1994; 63 FR 55556, Oct. 16, 1998; 67 FR 693, Jan. 7, 2002; 67 FR 66473, Nov. 8, 2002; 68 FR 46898, Aug. 6, 2003; 69 FR 40805, July 7, 2004; 70 FR 17874, Apr. 7, 2005; 70 FR 21969, Apr. 28, 2005; 70 FR 29458, May 23, 2005; 77 FR 15631, Mar. 16, 2012] | (a) Manatee sanctuaries. The following areas are designated as manatee sanctuaries. All waterborne activities are prohibited in these areas during the period November 15-March 31 of each year. The areas which will be posted are described as follows: (1) That part of Kings Bay, Crystal River, Citrus County, within T. 18 S., R. 17 E., Tallahassee Meridian; located in SW 1/4 fractional section 28, more particularly described as follows: Beginning at Corner 1 (N-1,653,459/E-308,915) Florida Coordinate System, West Zone, a point on the shoreline of Kings Bay near the southwest corner of Lot 9 as accepted on a plat by the Department of the Interior, General Land Office, dated January 10, 1928; thence easterly, along said shoreline, approximately 1240 feet to Corner 2 (N-1,653,762/E/309,641) a point; thence S. 56°58′11″ W., across open water, 776.49 feet to Corner 3 (N-1,653,339/E-308,990) a point; thence N. 32°03′07″ W., across open water, 142.26 feet to the point of beginning, containing 3.41 acres, more or less, to be known as the Banana Island Sanctuary. (2) That part of Kings Bay, Crystal River, Citrus County, Florida, within T. 18 S., R. 17 E., Tallahassee Meridian; located in SW 1/4 fractional section 28, more particularly described as follows: Beginning at Corner 1 (N-1,652,684/E-309,396) Florida Coordinate System, West Zone, a point on the shoreline of Kings Bay, said point being the northwest corner of Lot 31 Sunset Shores Addition to Woodward Park (Plat Book 2, page 140 Citrus County Property Appraiser's Office); thence N. 35°05′33″ W., across open water, 439.10 feet to Corner 2 (N-1,653,043/E-309,144) a point; thence N. 67°23′28″ E., across open water, 873.45 feet to Corner 3, a point on the shoreline of Kings Bay said point also being a corner in the northerly boundary line of Lot 21 in said subdivision; thence southwesterly along said shoreline and the northerly boundary of Lots 21-31, including a canal, approximately 920 feet to the point of beginning, containing 5.62 acres, more or less, … |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
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source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);