50 C.F.R. § 403.02

Definitions

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The following definitions apply to this part:

(a) The term species includes any population stock.

(b) Optimum Sustainable Population or OSP means a population size which falls within a range from the population level of a given species or stock which is the largest supportable within the ecosystem to the population level that results in maximum net productivity. Maximum net productivity is the greatest net annual increment in population numbers or biomass resulting from additions to the population due to reproduction and/or growth less losses due to natural mortality.

(c) State management program means existing and proposed state statutes, regulations, policies and other authorities which form the framework for the conservation of a species of marine mammals.

(d) State regulation means the whole or part of a state agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of a state agency and which is duly promulgated in accordance with established procedure.

(e) The Act means the Marine Mammal Protection Act (MMPA) of 1972, 16 U.S.C. 1361 et seq., as amended by Pub. L. 97-58.

(f) The Secretary means the Secretary of the Interior or the Secretary of Commerce, depending on the species involved. Under section 3(11) of the Act, the Secretary of Commerce has jurisdiction over members of the order Cetacea and members, other than walruses, of the order Pinnipedia; the Secretary of the Interior has jurdisdiction over all other mammals. These secretarial authorities have been delegated to the National Marine Fisheries Service and the Fish and Wildlife Service, respectively.

(g) The Service or Services means the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), as appropriate depending on the species involved. Any determination or finding required by this part to be made by the “Service” must be made by the Director of the FWS or by the Assistant Administrator of the NMFS, or their delegees, as appropriate.

Notes of Decisions

Cited in 8 cases, 1998–2011 · leading case: In Re Polar Bear Endangered Species Act Listing, 818 F. Supp. 2d 214 (D.D.C. 2011).

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In Re Polar Bear Endangered Species Act Listing, 818 F. Supp. 2d 214 (D.D.C. 2011). “See 50 C.F.R. § 403.02 (f). [5] Under NEPA, all agencies must promulgate regulations that specify (a) typical classes of actions which normally will require an EIS; (b) typical classes of actions which normally require neither an EIS nor an EA ("categorical exclusions"); and (c)…”

In Re Polar Bear Endangered Species Act Listing, 818 F. Supp. 2d 240 (D.D.C. 2011). “See 50 C.F.R. § 403.02 (f). The MMPA establishes a general moratorium "during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States.”

Ctr. for Biological Diversity v. Salazar, 818 F. Supp. 2d 214 (D.D.C. 2011). “See 50 C.F.R. § 403.02 (f). . Under NEPA, all agencies must promulgate regulations that specify (a) typical classes of actions which normally will require an EIS; (b) typical classes of actions which normally require neither an EIS nor an EA ("categorical exclusions"); and (c)…”

Safari Club Int'l v. Salazar, 818 F. Supp. 2d 240 (D.D.C. 2011). “See 50 C.F.R. § 403.02 (f). The MMPA establishes a general moratorium “during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States.”

In Re: Polar Bear Endangered Species Act Listing & 4(d) Rule Litig. - Mdl 1993 (D.D.C. 2011). “See 50 C.F.R. § 403.02 (f). - 8 - have a negligible impact” on the species, id.”

In Re: Polar Bear Endangered Species Act Listing & 4(d) Rule Litig. - Mdl 1993 (D.D.C. 2011). “See 50 C.F.R. § 403.02 (f). - 5 - The MMPA establishes a general moratorium “during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States.”

Strahan v. Linnon (1st Cir. 1998). “Count XX is a facial challenge to the validity of 50 C.F.R. 403.02, which limits the applicability of 7 to discretionary actions.”

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