98-25763. An Update of Addresses and OMB Information Collection Numbers for Fish and Wildlife Service Permit Applications  

  • [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]
    
    
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    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.
    
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    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
    
    
    

Document Information

Effective Date:
10/1/1998
Published:
10/01/1998
Department:
Fish and Wildlife Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-25763
Dates:
This rule is effective October 1, 1998.
Pages:
52632-52638 (7 pages)
RINs:
1080-AF07
PDF File:
98-25763.pdf
CFR: (30)
50 CFR 13.12(a)
50 CFR 13.12(a)
50 CFR 17.21(c)
50 CFR 2.2
50 CFR 10.21
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