50 C.F.R. § 424.02

Definitions

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The definitions contained in the Act and parts 17, 222, and 402 of this title apply to this part, unless specifically modified by one of the following definitions. Definitions contained in part 17 of this title apply only to species under the jurisdiction of the U.S. Fish and Wildlife Service. Definitions contained in part 222 of this title apply only to species under the jurisdiction of the National Marine Fisheries Service.

Candidate. Any species being considered by the Secretary for listing as an endangered or threatened species, but not yet the subject of a proposed rule.

Conserve, conserving, and conservation. To use and the use of all methods and procedures that are necessary to bring any endangered or threatened species to the point at which the measures provided pursuant to the Act are no longer necessary, i.e., the species is recovered in accordance with § 402.02 of this chapter. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.

Geographical area occupied by the species. An area that may generally be delineated around species' occurrences, as determined by the Secretary (i.e., range). Such areas may include those areas used throughout all or part of the species' life cycle, even if not used on a regular basis (e.g., migratory corridors, seasonal habitats, and habitats used periodically, but not solely by vagrant individuals).

List or lists. The Lists of Endangered and Threatened Wildlife and Plants found at 50 CFR 17.11(h) or 17.12(h).

Physical or biological features essential to the conservation of the species. The features that occur in specific areas and that are essential to support the life-history needs of the species, including but not limited to, water characteristics, soil type, geological features, sites, prey, vegetation, symbiotic species, or other features. A feature may be a single habitat characteristic, or a more complex combination of habitat characteristics. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. Features may also be expressed in terms relating to principles of conservation biology, such as patch size, distribution distances, and connectivity.

Public hearing. An informal hearing to provide the public with the opportunity to give comments and to permit an exchange of information and opinion on a proposed rule.

Special management considerations or protection. Methods or procedures useful in protecting the physical or biological features essential to the conservation of listed species.

Species. Includes any species or subspecies of fish, wildlife, or plant, and any distinct population segment of any vertebrate species that interbreeds when mature. Excluded is any species of the Class Insecta determined by the Secretary to constitute a pest whose protection under the provisions of the Act would present an overwhelming and overriding risk to man.

Wildlife or fish and wildlife. Any member of the animal kingdom, including without limitation, any vertebrate, mollusk, crustacean, arthropod, or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof.

[81 FR 7438, Feb. 11, 2016, as amended at 84 FR 45052, Aug. 27, 2019; 85 FR 81421, Dec. 16, 2020; 87 FR 37771, June 24, 2022]

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1995–2026 · leading case: Middle Rio Grande Conservancy Dist. v. Norton, 294 F.3d 1220 (10th Cir. 2002).

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Middle Rio Grande Conservancy Dist. v. Norton, 294 F.3d 1220 (10th Cir. 2002). “§ 1532 (5)(A); 50 C.F.R. § 424.02 (d)(1). Conservation is defined by the ESA as “the use of all methods .”

Ctr. for Biological Diversity v. Gale Norton, Sec'y of the Dep't of the Interior, 254 F.3d 833 (9th Cir. 2001). “” 50 C.F.R. § 424.02 (b). From time to time, the Secretary may publish updates of the review status of species that are candidates for listing.”

Am. Lands All. v. Norton, 242 F. Supp. 2d 1 (D.D.C. 2003). “” 50 C.F.R. § 424.02 (b). Although, as recognized by the Ninth Circuit in Center for Biological Diversity v.”

Ctr. for Biological Diversity v. Norton, 240 F. Supp. 2d 1090 (D. Ariz. 2003). “” 50 C.F.R. § 424.02 (j). By using the term “any,” the definition is all-inclusive.”

Am. Wildlands v. Kempthorne, 478 F. Supp. 2d 92 (D.D.C. 2007). “§ 1532 (16) (defining “species”); 50 C.F.R. § 424.02 (k) (same); 50 C.F.R. § 424.”

Marbled Murrelet (Brachyramphus Marmoratus) v. Pac. Lumber Co., 880 F. Supp. 1343 (N.D. Cal. 1995). “§ 1532 (5)(A); 50 C.F.R. § 424.02 (d). When the marbled murrelet was listed as a "threatened species” on September 28, 1992, the USF & WS lacked sufficient information to perform the required analyses of *1349 the environmental and economic impact of a critical habitat…”

Friends of the Wild Swan, Inc. v. U.S. Fish & Wildlife Serv., 12 F. Supp. 2d 1121 (D. Or. 1997). “USFWS’s regulations incorporate this definition, 50 C.F.R. § 424.02 (k), and USFWS has promulgated a policy regarding its recognition of distinct population segments.”

San Luis & Delta-Mendota Water Auth. v. Badgley, 136 F. Supp. 2d 1136 (E.D. Cal. 2000). “Defendants’ data findings are that splittail population abundance has declined since the early 1980s; the splittail’s range is smaller than it used to be; and threats exist to the splittail such as future water projects, water quality problems, and pre-datatory species.”

Defenders of Wildlife v. Norton, 258 F.3d 1136 (9th Cir. 2001). “” 50 C.F.R. § 424.02 (b). At that time, 3 FWS regulations defined candidates designated category 2 as “taxa for which information in the possession of the Service indicated that proposing to list as endangered or threatened was possibly appropriate, but for which sufficient data…”

Ctr. for Biological Diversity v. Kempthorne, 607 F. Supp. 2d 1078 (D. Ariz. 2009). “A “threatened species” is one that “is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.”

Cascadia Wildlands v. Thrailkill, 49 F. Supp. 3d 774 (D. Or. 2014). · cites it 2× “§ 1532 (6); 50 C.F.R. § 424.02 (e). A Threatened Species is “any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.”

Wyoming State Snowmobile Ass'n v. U.S. Fish & Wildlife Serv., 741 F. Supp. 2d 1245 (D. Wyo. 2010). “If there are existing or new methods or procedures which may be considered useful in protecting the essential features themselves for the conservation of the species (as opposed to the land units), whether those methods or procedures are in the LCAS or not, then the “special…”

Show all 15 citing cases →

— 50 C.F.R. § 424.02(b) — 1 case

California Native Plant Soc'y v. Norton, 311 F. Supp. 2d 9 (D.D.C. 2004).

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