[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR424.11]

[Page 852-853]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 
 
PART 424_LISTING ENDANGERED AND THREATENED SPECIES AND DESIGNATING
 
                     Subpart B_Revision of the Lists
 
Sec. 424.11  Factors for listing, delisting, or reclassifying species.

    (a) Any species or taxonomic group of species (e.g., genus, 
subgenus) as defined in Sec. 424.02(k) is eligible for listing under 
the Act. A taxon of higher rank than species may be listed only if all 
included species are individually found

[[Page 853]]

to be endangered or threatened. In determining whether a particular 
taxon or population is a species for the purposes of the Act, the 
Secretary shall rely on standard taxonomic distinctions and the 
biological expertise of the Department and the scientific community 
concerning the relevant taxonomic group.
    (b) The Secretary shall make any determination required by 
paragraphs (c) and (d) of this section solely on the 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 of the species' status, that the 
species is endangered or threatened because of any one or a combination 
of the following factors:
    (1) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (2) Over utilization for commercial, recreational, scientific, or 
educational purposes;
    (3) Disease or predation;
    (4) The inadequacy of existing regulatory mechanisms; or
    (5) Other natural or manmade factors affecting its continued 
existence.
    (d) The factors considered in delisting a species are those in 
paragraph (c) of this section as they relate to the definitions of 
endangered or threatened species. Such removal must be supported by the 
best scientific and commercial data available to the Secretary after 
conducting a review of the status of the species. A species may be 
delisted only if such data substantiate that it is neither endangered 
nor threatened for one or more of the following reasons:
    (1) Extinction. Unless all individuals of the listed species had 
been previously identified and located, and were later found to be 
extirpated from their previous range, a sufficient period of time must 
be allowed before delisting to indicate clearly that the species is 
extinct.
    (2) Recovery. The principal goal of the U.S. Fish and Wildlife 
Service and the National Marine Fisheries Service is to return listed 
species to a point at which protection under the Act is no longer 
required. A species may be delisted on the basis of recovery only if the 
best scientific and commercial data available indicate that it is no 
longer endangered or threatened.
    (3) Original data for classification in error. Subsequent 
investigations may show that the best scientific or commercial data 
available when the species was listed, or the interpretation of such 
data, were in error.
    (e) The fact that a species of fish, wildlife, or plant is protected 
by the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (see part 23 of this title 50) or a similar 
international agreement on such species, or has been identified as 
requiring protection from unrestricted commerce by any foreign nation, 
or to be in danger of extinction or likely to become so within the 
foreseeable future by any State agency or by any agency of a foreign 
nation that is responsible for the conservation of fish, wildlife, or 
plants, may constitute evidence that the species is endangered or 
threatened. The weight given such evidence will vary depending on the 
international agreement in question, the criteria pursuant to which the 
species is eligible for protection under such authorities, and the 
degree of protection afforded the species. The Secretary shall give 
consideration to any species protected under such an international 
agreement, or by any State or foreign nation, to determine whether the 
species is endangered or threatened.
    (f) The Secretary shall take into account, in making determinations 
under paragraph (c) or (d) of this section, those efforts, if any, being 
made by any State or foreign nation, or any political subdivision of a 
State or foreign nation, to protect such species, whether by predator 
control, protection of habitat and food supply, or other conservation 
practices, within any area under its jurisdiction, or on the high seas.