50 C.F.R. § 17.2

Scope of regulations

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(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.

[40 FR 44415, Sept. 26, 1975, as amended at 42 FR 10465, Feb. 22, 1977; 89 FR 26094, Apr. 12, 2024]

Notes of Decisions

Cited in 6 cases, 1997–2016 · leading case: Coalition for Sustainable Resources, Inc. v. United States Forest Serv., 259 F.3d 1244 (10th Cir. 2001).

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Coalition for Sustainable Resources, Inc. v. United States Forest Serv., 259 F.3d 1244 (10th Cir. 2001). “§ 1532 (15); 50 C.F.R. § 17.2 (b). At issue in this case, however, is a provision covering all other federal agencies, including the Department of Agriculture’s Forest Service.”

Trout Unlimited v. Lohn, 645 F. Supp. 2d 929 (D. Or. 2007). “See 16 USC § 1532 (15); 50 CFR § 17.2 . NMFS has twice proposed to list the Oregon Coast coho salmon as a threatened species under the ESA, but has twice withdrawn the proposed listing at the urging of the State of Oregon.”

Wild Fish Conservancy v. Irving, 221 F. Supp. 3d 1224 (E.D. Wash. 2016). “See 50 C.F.R. §§ 17.2 , 17.11, 223.102, 224.101.”

W. Watersheds Proj. v. Ashe, 948 F. Supp. 2d 1166 (D. Idaho 2013). “50 C.F.R. § 17.2 (a). . This analysis may occur upon the Secretary's own initiative or, as in this case, in response to a petition filed by an interested person.”

Conservation Council for Hawaii v. Nat'l Marine Fisheries Serv., 97 F. Supp. 3d 1210 (D. Haw. 2015). “See 50 C.F.R. § 17.2 ; see also Trout Unlimited v.”

Hawksbill Sea Turtle v. Fed. Emergency Mgmt. Agency, 126 F.3d 461 (3rd Cir. 1997). · cites it 2× “The first helpful section encountered is 50 C.F.R. § 17.2 , which purports to define the scope of the USFWS's regulations on endangered and threatened wildlife and plants: By agreement between the [United States Fish and Wildlife] Service and the National Marine Fisheries…”

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