WSP06932

• File Number: 8065
• Description: Section D General Statewide Issues - Endangered Species Act - Fisheries
• State: CO
• Basin: Statewide
• Date: 10/1/1984
• Author: Federal Register
• Title: Federal Register - DOI-FWS - DOC-NOAA - Listing Threatened-Endangered Species - Designating Critical Habitat-Amended Procedures to Comply with 1982 Amendments to ESA-Final Rule
• Water Supply Pro - Doc Type: Publication

'002-958

38908

Federal Register I Vol. 49. No. 191 I Monday, October 1. 1984 I Rules and Regulations

PART 424-LISTING ENDANGERED
AND THREATENED SPECIES AND
DESIGNATING CRITICAL HABITAT

Subpart A-General Provisions
Sec.
424.01 Scope and purpose.
424.02 Definitions.
Subpart B-Revlsion of the Usts
424.10 General.
424.11 Factors for listing, delisting. or
reclassifying species.
424.12 Criteria for de!!ignating critical
habitat
424.13 Sources of information ~nd relevant
data.
4:4.14 Petitions.
4Z4.15 Notices of review.
424.16 Proposed rules.
4~4.17 Time limil5 and required actions.
424.18 Final rules--seneral.
424.19 Final rules-impact analysis of
crilical habilat.
424.20 Emergency rules.
424.21 Periodic review.
Authority: Pub. L. 93-205. 67 SIal. 884; Pub.
L. 95-632. 92 Stat. 3751: Pub. L. 96-159,93
Stat. 1225: Pub. L. 97-304. 96 Slat. 1411 (16
U.S.c. 11531 ef seg.).

Subpart A-General Provisions

~ 424.01 Scope and purpose.
(a) Part 424 provides rules for revising
the Lists o[ Endangered and Threatened
Wildlife and Plants and, where
appropriate. designating or revising their
crilical habitats. Criteria are provided
for determining species to be
endangered or threatened and for
designating critical habitats. Procedures
for receiving Bnd considering petitions
to revise the lists and for conducting
periodic reviews uC listed species also
are established.
(b) The purpose of Ihese rules is 10
interpret and implement those portions
of Il:e Endangered Species Acl of 1973,
as amended (16 V.S.C. 1531 ef seq_J. Ihat
pertain to the listing of species and the
determination of critical habitats.

g 424.02 Definitions.
(a) The definitions of terms in 50 eFR
402.02 sh"1I apply 10 Ihis Part 424. excepl
as otherwise stated.
(b) "Candidate" means any species
being considered by the Secretary for
listing as an endangered or a threatened
species, but not yet the subject of 8
proposed rule.
Ie) "Conservation." "con~erve." and
"conserving" menn to use and the use of
ull methods and procedures that Clre
necessary to bring any endungered or
threatened species 10 the poinl al which
the measures provided pursuant to the
Act are no longer necessnry. Such
methods and procedures include. but are
not limited 10. all acti\.ities associated

with scientific re~ources manage~e~t
such as research, census. law
enforcement, habitat acquisition nnd
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.
(dJ "Critical habitat" means (IJ the
specific areas within the geographical
area currently occupied by a species. at
the time it is listed in accordance with
the Act. on which are found those
physica\ or biological features [i)
essential to the conservation of the
species and (ii} that may require special
management considerations or
protection. and (2) specific areas outside
the geographical area occupied by a
species at the time it is listed upon 8
determination by the Secretary that such
areas are essential for the conservation
of the species.
(e) "Endangered species" means a
species that is in danger of extinction
throughout all or a significant portion of
its range.
In "List" or "lists'" means the Lisls of
Endangered and Threatened Wildiife
and Plants found alSO CFR 17.I1(hJ or
17.12(h).
(gJ "Plant" means aoy member of Ihe
plant kingdom. including, without
limitation, seeds. roots. and other parts
thereof.
(h) "Public hearing" means an
informal hearing to provide the public
with the opportunity to give comments
and to permit an exchange of
Informs tion and opinion on a proposed
rule.
(i) "Secretary" means the Secretary of
the Interior or the Secretary of
Commerce. as appropriate. or their
authorized representatives.
(j) "Special management
considerations or protection" means any
methods or procedures useful in
"protecting physical and biological
features of the environment for the
conservation of listed species.
(k) "Species" includes any species or
subspecies of fish. wildlife. or plan I. and"
any distinct population segment of any
vertebrate species that interbreeds
when mature. Excluded is any species of
the Class Insecta delermined by the
Secretary to constitute a pesl whose
protection under the provisions of the
Act would present an overwhelming and
overriding risk to man.
(I) "Slole agency" means nny Slate
agency, department. board. commission.
or olher governmental entity that is
responsible for the management and
conservation of !is-h. plant. or wildlif(!
resources within a State.

em) "Threatened species" means any
species that is likely to become an (
endangered species within the
foreseeable future throughout all or a
significant portion of its range.
(n) "Wildlife" or "fish end wildiife"
means any member of the animal
kingdom. including without limilation.
iJny vertebrate. mollusk, cruslacean.
arthropod, or other invertebrate. and
includes any part. product. egg. or
offspring Ihereof, or the dead body or
parts thereof.

Subpart B-Revislon 01 the lists

, 424.10 General.

The Secretary may add a species to
the lis Is or designate critical habitat,
delete a species or critical habitat.
change the listed status oC a species.
revise the boundary of an area
designated as critical habitat. or adopt
or modify special rules (see 50 CFR
17.40-17.46 and Parts 222 and 227)
applied to a threatened species only in
accordance with the procedures of this
Part.

g 424.11 Factors 'or listing, delistlng, or
reclassifying species. ....-

(a) Any species or taxonomic group of
species (e.g.. genus. subgenus] as
defined in , 424.02[k) is eligibie for (
listing under the Act. A taxon of higher
rank than species may be listed only if
all included species are individually
found to be endangered or threalened.
In determining whether a particular
taxon or population is 8 species for the
purposes of the Act, Ihe Secretary shall
rely on standard taxonomic distinctions
and the biological expertise ofthe
Department Bnd the scientific
community concerning the relevant
taxonomic group. .
(b) The Secretary shall make any
delermination required by paragraphs
(cJ and (d) of Ihis seellon solely on Ihe
basis of the best available scientific and
commercial information regarding a
species' status."without reference to
possible economic or other impacts of
such determination.
(c) A species shall be listed or
reclassified if the Secretary determines.
on the basis of the best scientific and
commercial data available after
conducting a review oC the species' "
statuS. that the species is endangered or
lhreaten~d because of anyone or a
combination of the following factors:
(1) The present or threatened
destruction. modification. or curt"ailment
of its habitat or range;
(2) Overutilizalion Cor commercial. e
recreational. scienlific. or educational
purposes: