50 C.F.R. § 222.101

Purpose and scope of regulations

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(a) The regulations of parts 222, 223, and 224 of this chapter implement the Endangered Species Act (Act), and govern the taking, possession, transportation, sale, purchase, barter, exportation, importation of, and other requirements pertaining to wildlife and plants under the jurisdiction of the Secretary of Commerce and determined to be threatened or endangered pursuant to section 4(a) of the Act. These regulations are implemented by the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, This part pertains to general provisions and definitions. Specifically, parts 223 and 224 pertain to provisions to threatened species and endangered species, respectively. Part 226 enumerates designated critical habitat for endangered and threatened species. Certain of the endangered and threatened marine species enumerated in §§ 224.102 and 223.102 are included in Appendix I or II to the Convention on International Trade of Endangered Species of Wild Fauna and Flora. The importation, exportation, and re-exportation of such species are subject to additional regulations set forth at 50 CFR part 23, chapter I.

(b) For rules and procedures relating to species determined to be threatened or endangered under the jurisdiction of the Secretary of the Interior, see 50 CFR parts 10 through 17. For rules and procedures relating to the general implementation of the Act jointly by the Departments of the Interior and Commerce and for certain species under the joint jurisdiction of both the Secretaries of the Interior and Commerce, see 50 CFR Chapter IV. Marine mammals listed as endangered or threatened and subject to these regulations may also be subject to additional requirements pursuant to the Marine Mammal Protection Act (for regulations implementing that act, see 50 CFR part 216).

(c) No statute or regulation of any state shall be construed to relieve a person from the restrictions, conditions, and requirements contained in parts 222, 223, and 224 of this chapter. In addition, nothing in parts 222, 223, and 224 of this chapter, including any permit issued pursuant thereto, shall be construed to relieve a person from any other requirements imposed by a statute or regulation of any state or of the United States, including any applicable health, quarantine, agricultural, or customs laws or regulations, or any other National Marine Fisheries Service enforced statutes or regulations.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2007–2024 · leading case: WildEarth Guardians v. U.S. Army Corps of Engineers, 947 F.3d 635 (10th Cir. 2020).

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WildEarth Guardians v. U.S. Army Corps of Engineers, 947 F.3d 635 (10th Cir. 2020). “50 C.F.R. § 222.101 . FWS has jurisdiction over all other listed species.”

Defenders of Wildlife v. Gutierrez, 484 F. Supp. 2d 44 (D.D.C. 2007). “The Court follows the same style for citations to the administrative record used by the parties in their briefs.”

Ctr. for Biological Diversity v. Nat'l Marine Fisheries Serv. (D.D.C. 2022). · cites it 2× “See 50 C.F.R. § 222.101 (a). 5 or threatened species,” id.”

Ctr. for Biological Diversity v. Nat'l Marine Fisheries Serv. (D.C. Cir. 2024). “§ 1540(f); see also 50 C.F.R. § 222.101 (a).1 For protected marine animals like the sea turtles at issue in this case, a relevant agency is the National Marine Fisheries Service.”

— 50 C.F.R. § 222.101(a) — 1 case

Defenders of Wildlife v. Gutierrez, 484 F. Supp. 2d 44 (D.D.C. 2007). “The Court follows the same style for citations to the administrative record used by the parties in their briefs.”

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