[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Rules and Regulations]
[Pages 52632-52638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25763]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 2, 10, 13, 14, 15, 16, 17, 21, 22, and 23
RIN 1080-AF07
An Update of Addresses and OMB Information Collection Numbers for
Fish and Wildlife Service Permit Applications
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service (Service or we) amends the
regulations for wildlife and plant permits to update the addresses for
submission of permit applications. Recently revised Office of
Management and Budget information collection numbers also are provided.
DATES: This rule is effective October 1, 1998.
FOR FURTHER INFORMATION CONTACT: Ms. Christine Enright, Division of
Endangered Species, (703) 358-2106.
SUPPLEMENTARY INFORMATION: The purpose of this rule is to update the
addresses to send wildlife and plant permit applications for processing
by the Service. The Service has variously moved office locations,
transferred program responsibility to other Service offices, or
delegated authority from the Washington office to its regional offices.
We have delegated some permits for native species listed under the
Endangered Species Act to the Regional Directors. Regional offices
handle migratory bird permits, bald and golden eagle permits, import/
export licenses, and permits for exception to designated ports. Permits
for international movement of all endangered and threatened species and
all activities affecting nonnative endangered and threatened species,
permits under the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES), injurious wildlife permits,
and permits under the Wild Bird Conservation Act remain with the Office
of Management Authority in Washington.
[[Page 52633]]
This document was not subject to Office of Management and Budget
review under Executive Order 12866. This rule itself does not contain
any information collection requirements that require approval by the
Office of Management and Budget under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. However, this rule documents revised control
numbers assigned by OMB for the information collected pursuant to the
rules in 50 CFR parts 13-23.
For those rules promulgated before OMB clearance was required,
language has been added to advise the public that such clearance has
been obtained. Since this rule merely reflects changes made to
addresses used to receive wildlife and plant permit applications,
impacts on small business entities are minimal. Therefore, this rule
will not have a significant economic effect on a substantial number of
small entities as defined under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). We have determined and certify pursuant to the
Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that this rule will not
impose a cost of $100 million or more in any given year on local or
State governments or private entities. In accordance with Executive
Order 12630, this rule does not have significant takings implications.
In accordance with Executive Order 12612, this rule does not have
significant Federalism effects. The Department has determined that
these final regulations meet the applicable requirements provided in
Section 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice
Reform). We have reviewed this rule under E.O. 12372 (Intergovernmental
Review of Federal Programs) and the Presidential Memorandum of April
29, 1994 (Government-to-Government Relations with Native American and
Tribal Governments), and find such consultations unnecessary as this
rule only updates mailing addresses and OMB control numbers for
information collection. This action is categorically excluded from NEPA
documentation by 516 DM 2, Appendix 1.10 in the Department of the
Interior Manual. This action is not likely to adversely affect species
listed under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.).
This is an agency organization matter that reflects the physical
and mailing addresses of Service administrative offices for different
classes of permits, therefore, the Service, for good cause, finds that
notice and public comment are unnecessary and for similar reason is
waiving the 30-day effective date under 5 U.S.C. 553(d).
List of Subjects
50 CFR Part 2
Organization and functions (Government agencies).
50 CFR Part 10
Exports, Fish, Imports, Law enforcement, Plants, Transportation,
Wildlife.
50 CFR Part 13
Administrative practice and procedure, Exports, Fish, Imports,
Plants, Reporting and recordkeeping requirements, Transportation,
Wildlife.
50 CFR Part 14
Animal welfare, Exports, Fish, Imports, Labeling, Reporting and
recordkeeping requirements, Transportation, Wildlife.
50 CFR Part 15
Imports, Reporting and recordkeeping requirements, Transportation,
Wildlife.
50 CFR Part 16
Fish, Imports, Reporting and recordkeeping requirements,
Transportation, Wildlife.
50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
50 CFR Part 21
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
50 CFR Part 22
Exports, Imports, Reporting and recordkeeping requirements,
Transportation, Wildlife.
50 CFR Part 23
Endangered and threatened species, Exports, Imports, Treaties.
Regulation Promulgation
For the reasons set out in the preamble, the Service amends title
50, chapter 1, subchapters A and B of the Code of Federal Regulations
as set forth below:
SUBCHAPTER A--GENERAL PROVISIONS
PART 2--FIELD ORGANIZATION
1. The authority citation for part 2 continues to read as follows:
Authority: 5 U.S.C. 301.
2. Section 2.2 is amended by revising paragraphs (a), (c), (d), and
(e) to read as follows:
Sec. 2.2 Locations of regional offices.
* * * * *
(a) Portland Regional Office (Region 1--comprising the States of
California, Hawaii, Idaho, Nevada, Oregon, and Washington; the
Commonwealth of the Northern Mariana Islands; and American Samoa, Guam
and other Pacific possessions), Eastside Federal Complex, 911 N.E. 11th
Avenue, Portland, Oregon 97232.
* * * * *
(c) Twin Cities Regional Office (Region 3--comprising the States of
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio and
Wisconsin), One Federal Drive, Bishop Henry Whipple Federal Building,
Fort Snelling, MN 55111.
(d) Atlanta Regional Office (Region 4--comprising the States of
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi,
North Carolina, South Carolina and Tennessee; the Commonwealth of
Puerto Rico; and the Virgin Islands and Caribbean possessions), 1875
Century Center Boulevard, Suite 200, Atlanta, Georgia 30345.
(e) Hadley Regional Office (Region 5--comprising the States of
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia,
and West Virginia; and the District of Columbia), 300 Westgate Center
Drive, Hadley, Massachusetts 01035.
* * * * *
SUBCHAPTER B--TAKING POSSESSION, TRANSPORTATION, SALE, PURCHASE,
BARTER, EXPORTATION AND IMPORTATION OF WILDLIFE AND PLANTS
PART 10--GENERAL PROVISIONS
3. The authority citation for part 10 continues to read as follows:
Authority: 18 U.S.C. 42; 16 U.S.C. 703-712; 16 U.S.C. 668a-d; 19
U.S.C. 1202; 16 U.S.C. 1531-1543; 16 U.S.C. 1361-1384, 1401-1407; 16
U.S.C. 742a-742j-l; 16 U.S.C. 3371-3378.
4. Section 10.21 is amended by revising paragraph (b) to read as
follows:
Sec. 10.21 Director.
* * * * *
(b) Mail sent to the Director regarding permits for the Convention
on International Trade in Endangered Species of Wild Fauna and Fauna
(CITES), injurious wildlife, Wild Bird Conservation Act species,
international movement of all ESA-listed endangered or threatened
species, and scientific research on, exhibition of, or interstate
commerce in nonnative ESA-listed
[[Page 52634]]
endangered and threatened species should be addressed to: Director,
U.S. Fish and Wildlife Service, (Attention: Office of Management
Authority), 4401 N. Fairfax Drive, Room 700, Arlington, VA 22203.
Address mail for the following permits to the Regional Director. In the
address include one of the following: for import/export licenses and
exception to designated port permits (Attention: Import/export
license); for native endangered and threatened species (Attention:
Endangered/threatened species permit); and for migratory birds and
eagles (Attention: Migratory bird permit office). You can find
addresses for regional offices at 50 CFR 2.2.
PART 13--GENERAL PERMIT PROCEDURES
5. The authority citation for part 13 continues to read as follows:
Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1382, 1538(d),
1539, 1540(f), 3374. 4901-4916; 18 U.S.C. 42; 19 U.S.C. 1202; E.O.
11911, 41 FR 15683, 31 U.S.C. 9701.
6. Section 13.5 is revised to read as follows:
Sec. 13.5 Information collection requirements.
(a) The Office of Management and Budget approved the information
collection requirements contained in this part 13 under 44 U.S.C. and
assigned OMB Control Number 1018-0092. The Service may not conduct or
sponsor, and you are not required to respond, to a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria
established in various Federal wildlife conservation statutes and
regulations, on the issuance, suspension, revocation, or denial
permits. You must respond to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting
requirements to vary from 15 minutes to 4 hours per response, with an
average of 0.803 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and
reviewing the forms. Direct comments regarding the burden estimate or
any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and
Wildlife Service, Washington, D.C. 20240, or the Office of Management
and Budget, Paperwork Reduction Project (1018-0092), Washington, D.C.
20603.
PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
7. The authority citation for part 14 is amended to read as
follows:
Authority: 16 U.S.C. 704, 712, 1382, 1538(d)-(f), 1539, 1540(f),
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 9701.
8. Section 14.3 is revised to read as follows:
Sec. 14.3 Information collection requirements.
The Office of Management and Budget approved the information
collection requirements contained in this part 14 under 44 U.S.C. 3507
and assigned OMB Control Number 1018-0092. The Service may not conduct
or sponsor, and you are not required to respond, to a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information about wildlife
imports or exports, including product and parts, and to facilitate
enforcement of the Endangered Species Act of 1973 as amended (16 U.S.C.
1531 et seq.) and to carry out the provisions of the convention on
International Trade in Endangered Species of Wild Fauna and Flora. We
estimate the public reporting burden for these reporting requirements
to vary from 10 to 15 minutes per response. Direct comments regarding
the burden estimate or any other aspect of these reporting requirements
to the Service Information Collection Control Officer, MS-222 ARLSQ,
U.S. Fish and Wildlife Service, Washington, DC 20240, or the Office of
Management and Budget, Paperwork Reduction Project (1018-0092),
Washington, DC 20603.
PART 15--WILD BIRD CONSERVATION ACT
9. The authority citation for part 15 continues to read as follows:
Authority: 61 U.S.C. 4901-4916.
10. A new section 15.4 is added to subpart A to read as follows:
Sec. 15.4 Information collection requirements.
(a) The Office of Management and Budget approved the information
collection requirements contained in this part 15 under 44 U.S.C. 3507
and assigned OMB Control Number 1018-0093. The Service may not conduct
or sponsor, and you are not required to respond, to a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria
established in various Federal wildlife conservation statutes and
regulations, on the issuance, suspension, revocation, or denial of
permits. You must respond to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting
requirements to vary from 1 to 4 hours per response, with an average of
2 hours per response, including time for reviewing instructions,
gathering and maintaining data, and completing and reviewing the forms.
Direct comments regarding the burden estimate or any other aspect of
these reporting requirements to the Service Information Collection
Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service,
Washington, DC 20240, or the Office of Management and Budget, Paperwork
Reduction Project (1018-0093), Washington, DC 20603.
11. Section 15.21 is amended by revising paragraph (c) to read as
follows:
Sec. 15.21 General application procedures.
* * * * *
(c) A person wishing to obtain a permit under this subpart or
approval of cooperative breeding programs under this subpart submits an
application to the Director, U.S. Fish and Wildlife Service (Attention:
Office of Management Authority), 4401 N. Fairfax Drive, Room 700,
Arlington, VA 22203. Each application must contain the general
information and certification required in Sec. 13.12(a) of this
subchapter, and all of the information specified in the applicable
section Secs. 15.22 through 15.26.
PART 16--INJURIOUS WILDLIFE
12. The authority citation for part 16 continues to read as
follows:
Authority: 18 U.S.C. 42.
13. Section 16.22 is amended by revising paragraphs (a) and (d) to
read as follows:
Sec. 16.22 Injurious wildlife permits.
* * * * *
(a) Application requirements. Submit applications for permits to
import, transport or acquire injurious wildlife for such purposes to
the Director, U.S. Fish and Wildlife Service, (Attention: Office of
Management Authority), 4401 N. Fairfax Drive, Room 700, Arlington, VA
22203. Submit applications in writing on a Federal Fish and Wildlife
License/Permit application (Form 3-
[[Page 52635]]
200) and attach all of the following information:
* * * * *
(d) The Office of Management and Budget approved the information
collection requirements contained in this part 16 under 44 U.S.C. 3507
and assigned OMB Control Number 1018-0093. The Service may not conduct
or sponsor, and you are not required to respond to, a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria
established in various Federal wildlife conservation statutes and
regulations, on the issuance, suspension, revocation, or denial of
permits. You must respond to obtain or retain a permit. We estimate the
public reporting burden for these reporting requirements to average 2
hours per response, including time for reviewing instructions,
gathering and maintaining data, and completing and reviewing the forms.
Direct comments regarding the burden estimate or any other aspect of
these reporting requirements to the Service Information Collection
Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service,
Washington, D.C. 20240, or the Office of Management and Budget,
Paperwork Reduction Project (1018-0093), Washington, D.C. 20603.
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
14. The authority citation for part 17 continues to read as
follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
15. Subpart A is amended by adding a new section 17.8 to read as
follows:
Sec. 17.8 Permit applications and information collection requirements.
(a) Address permit applications for activities affecting species
listed under the Endangered Species Act, as amended, as follows:
(1) Address activities affecting endangered and threatened species
that are native to the United States to the Regional Director for the
Region in which the activity is to take place. You can find addresses
for the Regional Directors in 50 CFR 2.2. Send applications for
interstate commerce in native endangered and threatened species to the
Regional Director with lead responsibility for the species. To
determine the appropriate region, call the nearest Regional Office:
Region 1 (Portland, OR): 503-231-6241
Region 2 (Albuquerque, NM): 505-248-6920
Region 3 (Twin Cities, MN): 612-713-5343
Region 4 (Atlanta, GA): 404-679-7313
Region 5 (Hadley, MA): 413-253-8628
Region 6 (Denver, CO): 303-236-8155, ext 263
Region 7 (Anchorage, AK): 907-786-3620
Headquarters (Washington, D.C.): 703-358-2106
(2) Submit permit applications for activities affecting native
endangered and threatened species in international movement or
commerce, and all activities affecting nonnative endangered and
threatened species to the Director, U.S. Fish and Wildlife Service,
(Attention Office of Management Authority), 4401 N. Fairfax Drive, Room
700, Arlington, VA 22203.
(b) The Office of Management and Budget approved the information
collection requirements contained in this part 17 under 44 U.S.C. 3507
and assigned OMB Control Numbers 1018-0093 and 1018-0094. The Service
may not conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. We are collecting this information to provide
information necessary to evaluate permit applications. We will use this
information to review permit applications and make decisions, according
to criteria established in various Federal wildlife conservation
statutes and regulations, on the issuance, suspension, revocation, or
denial of permits. You must respond to obtain or retain a permit. We
estimate the public reporting burden for these reporting requirements
to vary from 2 to 2\1/2\ hours per response, including time for
reviewing instructions, gathering and maintaining data, and completing
and reviewing the forms. Direct comments regarding the burden estimate
or any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and
Wildlife Service, Washington, D.C. 20240, or the Office of Management
and Budget, Paperwork Reduction Project (1018-0093/0094), Washington,
D.C. 20603.
16. Section 17.22 is amended by removing paragraphs (a)(1)(ix) and
(b)(1)(iv), and revising the introductory texts of paragraphs (a)(1)
and (b)(1) to read as follows:
Sec. 17.22 Permits for scientific purposes, enhancement of propagation
or survival, or for incidental taking.
* * * * *
(a)(1) Application requirements for permits for scientific purposes
or for the enhancement of propagation or survival. A person wishing to
get a permit for an activity prohibited by Sec. 17.21 submits an
application for activities under this paragraph. The Service provides
Form 3-200 for the application to which all of the following must be
attained:
* * * * *
(b)(1) Application requirements for permits for incidental taking.
A person wishing to get a permit for an activity prohibited by
Sec. 17.21(c) submits an application for activities under this
paragraph. The Service provides Form 3-200 for the application to which
all of the following must be attached:
* * * * *
17. Section 17.32 is amended by removing paragraphs (a)(1)(ix) and
(b)(1)(iv), and by revising paragraphs (a)(1) introductory text and
(b)(1)(i) to read as follows:
Sec. 17.32 Permits--general.
* * * * *
(a)(1) Application requirements for permits for scientific
purposes, or the enhancement of propagation or survival, or economic
hardship, or zoological exhibition, or educational purposes, or special
purposes consistent with the purposes of the Act. A person wishing to
get a permit for an activity prohibited by Sec. 17.31 submits an
application for activities under this paragraph. The Service provides
Form 3-200 for the application to which as much of the following
information relating to the purpose of the permit must be attached:
* * * * *
(b)(1) Application requirements for permits for incidental taking.
(i) A person wishing to get a permit for an activity prohibited by
Sec. 17.31 submits an application for activities under this paragraph.
* * * * *
18. Section 17.62 is amended by removing paragraph (a)(3)(iii), and
by revising paragraphs (a) introductory text and (a)(4) to read as
follows:
Sec. 17.62 Permits for scientific purposes or for the enhancement of
propagation or survival.
* * * * *
(a) Application requirements. A person wishing to get a permit for
an activity prohibited by Sec. 17.61 submits an application to conduct
activities under this paragraph. For interstate
[[Page 52636]]
commerce activities the seller gets the permit for plants coming from
cultivated stock and the buyer gets the permit if the plants are taken
from the wild. The Service provides application Form 3-200, or you may
submit the general information and certification required by
Sec. 13.12(a) of this subchapter. Application requirements differ for
permits issued for plants taken from the wild (excluding seeds), seeds
and cultivated plants, or herbarium specimens. You must attach the
following information and any other information requested by the
Director.
* * * * * * *
(4) When the activity applied for involves a species also regulated
by the Convention on International Trade in Endangered Species of Wild
Fauna and Flora, additional requirements of Sec. 23.15(c) of this
subchapter must be met. For your convenience, Sec. 23.15(c) is repeated
here.
Application requirements for permits or certificates to import,
export or re-export wildlife or plants listed in appendix I, II or
III that are not subject to the regulations in part 17 or part 18 of
this subchapter. Any person subject to the jurisdiction of the
United States who wishes to get such a permit or certificate submits
an application under this section to the Director, U.S. Fish and
Wildlife Service, (Attention: Office of Management Authority), 4401
N. Fairfax Drive, Room 700, Arlington, VA 22203. The Service
provides Form 3-200 for the application to which as much of the
following information relating to the purpose of the permit or
certificate must be attached.
(1) The scientific and common names of the species (or taxa to
the rank listed in Appendix I, II, or III) sought to be covered by
the permit. the number of wildlife or plants, and the activity
sought to be authorized (such as importing, exporting, re-exporting,
etc.);
(2) A statement as to whether the wildlife or plant, at the time
of application, (i) is living in the wild, (ii) is living, but not
in the wild, or (iii) is dead;
(3) A description of the wildlife or plant, including (i) size,
(ii) sex (if known), and (iii) type of goods, if it is a part or
derivative;
(4) In the case of living wildlife or plants, (i) a description
of the type, size, and construction of any container the wildlife or
plant will be placed in during transportation, and (ii) the
arrangements for watering and otherwise caring for the wildlife or
plant during transportation;
(5) The name and address of the person in a foreign country to
whom the wildlife or plant is to be exported from the United States,
or from whom the wildlife or plant is to be imported into the United
States;
(6) The country and place where the wildlife or plant was or is
to be taken from the wild;
(7) In the case of wildlife or plants listed in Appendix I to be
imported into the United States, (i) a statement of the purposes and
details of the activities for which the wildlife or plant is to be
imported; (ii) a brief resume of the technical expertise of the
applicant or other persons who will care for the wildlife or plant;
(iii) the name, address, and description, including diagrams or
photographs, of the facility where the wildlife or plant will be
maintained; and (iv) a description of all mortalities, in the two
years preceding the date of this application, including any wildlife
species covered in the application (or any species of the same genus
or family) held by the applicant, including the causes and steps
taken to avoid such mortalities; and
(8) Copies of documents, sworn affidavits, or other evidence
showing that either (i) the wildlife or plant was acquired prior to
the date the Convention applied to it, or (ii) the wildlife or plant
was bred in captivity, or artificially propagated, or was part of or
derived therefrom, or (iii) the wildlife or plant is an herbarium
specimen, or live plant material to be imported, exported, or re-
exported as a noncommercial loan, donation, or exchange between
scientists or scientific institutions.
* * * * *
19. Section 17.72 is amended by removing paragraph (a)(3)(iii), and
by revising paragraphs (a) introductory text and (a)(4) to read as
follows:
Sec. 17.72 Permits--general.
* * * * *
(a) Application requirements. A person wishing to get a permit for
an activity prohibited by Sec. 17.71 submits an application to conduct
activities under this paragraph. For interstate commerce activities the
seller gets the permit for plants coming from cultivated stock and the
buyer gets the permit if the plants are taken from the wild. The
Service provides Form 3-200 for the application or you may submit the
general information and certification required by Sec. 13.12(a) of this
subchapter. Application requirements differ for permits issued for
plants taken from the wild (excluding seeds), seeds and cultivated
plants, or herbarium specimens. You must attach the following
information and any other information requested by the Director.
* * * * *
(4) When the activity applied for involves a species also regulated
by the Convention on International Trade in Endangered Species of Wild
Fauna and Flora, additional requirements of Sec. 23.15(c) of this
subchapter must be met. For your convenience, Sec. 23.15(c) is repeated
here.
Application requirements for permits or certificates to import,
export or re-export wildlife or plants listed in Appendix I, II or III
that are not subject to the regulations in part 17 or part 18 of this
subchapter. Any person subject to the jurisdiction of the United States
who wishes to get such a permit or certificate submits an application
under this section to the Director, Fish and Wildlife Service
(Attention: Office of Management Authority), 4401 N. Fairfax Drive,
Room 700, Arlington, VA 22203. The Service provides Form 3-200 for the
application to which as much of the following information relating to
the purpose of the permit or certificate must be attached:
(1) The scientific and common names of the species (or taxa to the
rank listed in Appendix I, II, or III) sought to be covered by the
permit, the number of wildlife or plants, and the activity sought to be
authorized (such as importing, exporting, re-exporting, etc.);
(2) A statement as to whether the wildlife or plant, at the time of
application, (i) is living in the wild, (ii) is living, but not in the
wild, or (iii) is dead;
(3) A description of the wildlife or plant, including (i) size,
(ii) sex (if known), and (iii) type of goods, if it is a part or
derivative;
(4) In the case of living wildlife or plants, (i) a description of
the type, size, and construction of any container the wildlife or plant
will be placed in during transportation, and (ii) the arrangements for
watering and otherwise caring for the wildlife or plant during
transportation;
(5) The name and address of the person in a foreign country to whom
the wildlife or plant is to be exported from the United States, or from
whom the wildlife or plant is to be imported into the United States;
(6) The country and place where the wildlife or plant was or is to
be taken from the wild;
(7) In the case of wildlife or plants listed in Appendix I to be
imported into the United States, (i) a statement of the purposes and
details of the activities for which the wildlife or plant is to be
imported; (ii) a brief resume of the technical expertise of the
applicant or other persons who will care for the wildlife or plant;
(iii) the name, address, and description, including diagrams or
photographs, of the facility where the wildlife or plant will be
maintained; and (iv) a description of all mortalities, in the two years
preceding the date of this application, including any wildlife species
covered in the application (or any species of the same genus or family)
held by the applicant, including the causes and steps taken to avoid
such mortalities; and
(8) Copies of documents, sworn affidavits, or other evidence
showing that either (i) the wildlife or plant was acquired prior to the
date the Convention applied to it, or (ii) the
[[Page 52637]]
wildlife or plant was bred in captivity, or artificially propagated, or
was part of or derived therefrom, or (iii) the wildlife or plant is an
herbarium specimen, or live plant material to be imported, exported, or
re-exported as a noncommercial loan, donation, or exchange between
scientists or scientific institutions.
* * * * *
PART 21--MIGRATORY BIRD PERMITS
20. The authority citation for part 21 continues to read as
follows:
Authority: Pub. L. 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)).
21. Section 21.4 is revised to read as follows:
Sec. 21.4 Information collection requirements.
(a) The Office of Management and Budget approved the information
collection requirements contained in this part 21 under 44 U.S.C. 3507
and assigned OMB Control Number 1018-0022. The Service may not conduct
or sponsor, and you are not required to respond to, a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria
established in the Migratory Bird Treaty Act, 16 U.S.C. 703-712 and its
regulations, on the issuance, suspension, revocation, or denial of
permits. You must respond to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting
requirements to vary from 15 minutes to 4 hours per response, with an
average of 0.803 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and
reviewing the forms. Direct comments regarding the burden estimate or
any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and
Wildlife Service, Washington, D.C. 20240, or the Office of Management
and Budget, Paperwork Reduction Project (1018-0022), Washington, D.C.
20603.
22. Section 21.23 is amended by revising paragraph (b) introductory
text to read as follows:
Sec. 21.23 Scientific collecting permits.
* * * * *
(b) Application procedures. Submit applications for scientific
permits to the appropriate Regional Director (Attention: Migratory bird
permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and
certification required in Sec. 13.12(a) of this subchapter, and the
following additional information:
* * * * *
23. Section 21.24 is amended by revising paragraph (b) introductory
text to read as follows:
Sec. 21.24 Taxidermist permits.
* * * * * *
(b) Application procedures. Submit application for taxidermist
permits to the appropriate Regional Director (Attention: Migratory bird
permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and
certification required in Sec. 13.12(a) of this subchapter, and the
following additional information:
* * * * *
24. Section 21.25 is amended by revising paragraph (b) introductory
text to read as follows:
Sec. 21.25 Waterfowl sale and disposal permits.
* * * * *
(b) Application procedures. Submit application for waterfowl sale
and disposal permits to the appropriate Regional Director (Attention:
Migratory bird permit office). You can find addresses for the Regional
Directors in 50 CFR 2.2. Each application must contain the general
information and certification required in Sec. 13.12(a) of this
subchapter, and the following additional information:
* * * * *
25. Section 21.27 is amended by revising paragraph (b) introductory
text to read as follows:
Sec. 21.27 Special purpose permits.
* * * * *
(b) Application procedures. Submit application for special purpose
permits to the appropriate Regional Director (Attention: Migratory bird
permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and
certification required in Sec. 13.12(a) of this subchapter, and the
following additional information:
* * * * *
26. Section 21.30 is amended by revising paragraph (b) introductory
text to read as follows:
Sec. 21.30 Raptor propagation permits.
* * * * *
(b) Application procedures. Submit application for raptor
propagation permits to the appropriate Regional Director (Attention:
Migratory bird permit office). You can find addresses for the Regional
Directors in 50 CFR 2.2. Each application must contain the general
information and certification required in Sec. 13.12(a) of this
subchapter, and the following additional information:
* * * * *
27. Section 21.41 is amended by revising paragraph (b) introductory
text to read as follows:
Sec. 21.41 Depredation permits.
* * * * *
(b) Application procedures. Submit application for depredation
permits to the appropriate Regional Director (Attention: Migratory bird
permit office). You can find addresses for the Regional Directors in 50
CFR 2.2. Each application must contain the general information and
certification required in Sec. 13.12(a) of this subchapter, and the
following additional information:
* * * * *
PART 22--EAGLE PERMITS
28. The authority citation for part 22 continues to read as
follows:
Authority: Sec. 2, Eagle Protection Act of June 8, 1940, Chapter
278, 54 Stat. 251; Pub. L. 87-884, 76 Stat. 1246; sec. 2, Pub. L.
92-535, 86 Stat. 1065; sec. 9, Pub. L. 95-616, 92 Stat. 3114 (16
U.S.C. 668a).
29. A new section 22.4 is added to subpart A to read as follows:
Sec. 22.4 Information collection requirements.
(a) The Office of Management and Budget approved the information
collection requirements contained in this part 22 under 44 U.S.C. 3507
and assigned OMB Control Number 1018-0022. The Service may not conduct
or sponsor, and you are not required to respond to, a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria
established in the Bald and Golden Eagle Protection Act and its
regulations, on the issuance, suspension, revocation, or denial of
permits. You must respond to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting
requirements to vary from 1 to 4 hours per response, with an average of
1 hour per response, including time for reviewing instructions,
gathering and maintaining data, and completing and reviewing the forms.
Direct comments regarding the
[[Page 52638]]
burden estimate or any other aspect of these reporting requirements to
the Service Information Collection Control Officer, MS-222 ARLSQ, U.S.
Fish and Wildlife Service, Washington, DC 20240, or the Office of
Management and Budget, Paperwork Reduction Project (1018-0022),
Washington, DC 20603.
30. Section 22.21 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 22.21 Permits for scientific or exhibition purposes.
* * * * *
(a) Application procedures. Submit applications for permits to
take, possess, or transport bald or golden eagles, their parts, nests
or eggs for scientific or exhibition purposes to the appropriate
Regional Director (Attention: Migratory bird permit office). You can
find addresses for the Regional Directors in 50 CFR 2.2. Each
application must contain the general information and certification
required in Sec. 13.12(a) of this subchapter, and the following
additional information:
* * * * *
31. Section 22.22 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 22.22 Permits for Indian religious purposes.
* * * * *
(a) Application procedures. Submit applications for permits to
take, possess, or transport bald or golden eagles, their parts, nests
or eggs for the religious use of Indians to the appropriate Regional
Director (Attention: Migratory bird permit office). You can find
addresses for the Regional Directors in 50 CFR 2.2. Only applications
from individual Indians will be accepted. Each application must contain
the general information and certification required in Sec. 13.12(a) of
this subchapter, and the following additional information.
* * * * *
32. Section 22.23 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 22.23 Permits to take depredating eagles.
* * * * *
(a) Application procedures. Submit applications for permits to take
depredating bald or golden eagles to the appropriate Regional Director
(Attention: Migratory bird permit office). You can find addresses for
the Regional Directors in 50 CFR 2.2. Each application must contain the
general information and certification required in Sec. 13.12(a) of this
subchapter, and the following additional information:
* * * * *
33. Section 22.24 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 22.24 Permits for falconry purposes.
* * * * *
(a) Application procedures. Submit applications for permits to
possess and transport golden eagles for falconry purposes to the
appropriate Regional Director (Attention: Migratory bird permit
office). You can find addresses for the Regional Directors in 50 CFR
2.2. Each application must contain the general information and
certification required in Sec. 13.12(a) of this subchapter, and the
following additional information:
* * * * *
34. Section 22.25 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 22.25 Permits to take golden eagle nests.
* * * * *
(a) Application procedures. Submit applications for permits to take
golden eagle nests to the appropriate Regional Director (Attention:
Migratory bird permit office). You can find addresses for the Regional
Directors in 50 CFR 2.2. Applications are accepted only from persons
engaged in a resource activity or recovery operation, including the
planning and permitting stages of an operation. Each application must
contain the general information and certification required in
Sec. 13.12(a) of this subchapter, and the following additional
information:
* * * * *
PART 23--ENDANGERED SPECIES CONVENTION
35. The authority citation for part 23 continues to read as
follows:
Authority. Sec. 2, Eagle Protection Act of June 8, 1940, Chapter
278, 54 Stat. 251; Pub. L. 87-884, 76 Stat. 1246; sec. 2, Pub. L.
92-535, 86 Stat. 1065; sec. 9, Pub. L. 95-616, 92 Stat. 3114 (16
U.S.C. 668a); and Endangered Species Act of 1973, as amended, 16
U.S.C. 1531 et seq.
36. Section 23.15 is amended by revising paragraph (c) introductory
text and adding a new paragraph (g) to read as follows:
Sec. 23.15 Permits and certificates.
* * * * *
(c) Application requirements for permits or certificates to import,
export or reexport wildlife or plants listed in appendix I, II or III
that are not subject to the regulations in part 17 or part 18 of this
subchapter. Any person subject to the jurisdiction of the United States
who wishes to get such a permit or certificate submits an application
under this section to the Director, U.S. Fish and Wildlife Service,
(Attention: Office of Management Authority), 4401 N. Fairfax Drive,
Room 700, Arlington, VA 22203 by any person subject to the jurisdiction
of the United States who wishes to get a permit for the activity. The
Service provides Form 3-200 for the application to which as much of the
following information relating to the purpose of the permit or
certificate must be attached.
* * * * *
(g) Information collection requirements. The Office of Management
and Budget approved the information collection requirements contained
in this part 23 under 44 U.S.C. 3507 and assigned OMB Control Number
1018-0093. The Service may not conduct or sponsor, and you are not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. We are collecting this
information to provide information necessary to evaluate permit
applications. We will use this information to review permit
applications and make decisions, according to criteria established in
various Federal wildlife conservation statutes and regulations, on the
issuance, suspension, revocation, or denial of permits. You must
respond to obtain or retain a permit. We estimate the public reporting
burden for these reporting requirements to vary from 20 minutes to 2
hours per response, with an average of 1 hour per response, including
time for reviewing instructions, gathering and maintaining data, and
completing and reviewing the forms. Direct comments regarding the
burden estimate or any other aspect of these reporting requirements to
the Service Information Collection Control Officer, MS-222 ARLSQ, U.S.
Fish and Wildlife Service, Washington, DC 20240, or the Office of
Management and Budget, Paperwork Reduction Project (1018-0093),
Washington, DC 20603.
Dated: September 16, 1998.
Donald Barry,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 98-25763 Filed 9-30-98; 8:45 am]
BILLING CODE 4310-55-M