[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Proposed Rules]
[Pages 46087-46105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21862]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 10, 13 and 17
RIN 1018-AC57
Fish and Wildlife Service, General Provisions and General Permit
Procedures
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule amends the Fish and Wildlife Service
(Service) general permit procedures providing uniform rules,
conditions, and procedures relating to the application, issuance,
denial, suspension, revocation, and general administration of the
Service permit program. This revision of the Service's general permit
procedures is intended to more clearly explain the procedures for
permit application and the criteria used by the Service in making
issuance determinations. This revision provides regulations that
establish qualitative eligibility factors and provides standards for
the fair disqualification of inappropriate applicants. This revision
also effects the Service criteria for suspension and revocation of
permits and the procedures for appealing the denial, suspension, or
revocation of permits. The processing fee rate for a permit application
is also amended to provide for increased rates to recover a larger
percentage of the costs of processing the permits and to provide for
fee exemptions for several permit categories.
The Service is also revising its regulations prescribing its
general procedures and its regulations implementing the Endangered
Species Act of 1973 in order to revise certain Service addresses
provided therein.
DATES: Comments must be submitted on November 6, 1995.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Director, Fish and Wildlife Service, P.O. Box 3247,
Arlington, Virginia 22203-3247. Comments and materials may be hand-
delivered to the Fish and Wildlife Service, Division of Law
Enforcement, 4401 N. Fairfax Drive, Room 500, Arlington, Virginia,
between the hours of 8 a.m. and 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Thomas Striegler, Special Agent in
Charge, Branch of Investigations, Division of Law Enforcement, Fish and
Wildlife Service, Department of Interior, Washington, D.C. 20240,
Telephone Number (703) 358-1949 or Maggie Tieger, Chief, Branch of
Permits, Office of the Management Authority, Telephone Number (703)
358-2104.
SUPPLEMENTARY INFORMATION: The Fish and Wildlife Service (Service) has
oversight responsibilities under Federal wildlife conservation
statutory and regulatory authorities to provide uniform rules,
conditions, and procedures for the application, issuance, denial,
suspension, revocation, and general administration of the Service
wildlife permit program. The Service in accordance with this
responsibility is proposing the following changes to the general permit
procedures of Part 13. Section 13.1, a general introductory section to
the regulations of Part 13, describes in initial terms the requirements
for making a permit application. This section has been revised, for it
has been the source of some confusion to applicants, to explain when
the Service will accept a single permit application to satisfy the
separate permit requirements of
[[Page 46088]]
activities requiring more than one permit.
Several administrative changes have been made to Sec. 13.3,
entitled ``scope of regulations.'' This section outlines the general
scope of Part 13 and provides an explanation of the term ``permit'' for
regulatory purposes. This section has been revised to more clearly
state the scope of its requirements. Specifically, the titles of
several parts of the Code of Federal Regulations (CFR) in Title 50,
that are referenced within this section, have been brought up to date.
In addition the explanation provided for the term ``permit'' has been
restated. The term ``permit,'' as the term is applied in Part 13, will
not refer to ``a license, permit, or certificate as the context may
require and to all such documents issued by the Service or other
authorized United States or foreign government agencies.'' This change
in Sec. 13.3 was needed to correctly reference within this section the
requirements of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES). The requirements of CITES are
applicable, in this particular instance, because CITES requirements
necessitate that all permits issued pursuant to Part 23 will
automatically become void upon the expiration of their stated duration.
The permit application procedures of Part 13 are found in
Sec. Sec. 13.11. Several changes have been made in these application
procedures. The last sentence of the introductory paragraph of this
section, which states that ``applicants do not have to submit a
separate application for each permit unless otherwise required by this
Subchapter,'' has been deleted, for it is redundant and has caused
unnecessary confusion among applicants. The Service's provisions for
the acceptance of a single permit application for multiple-permitted
activities is now to be addressed within the revised Sec. 13.1.
In Sec. 13.11(b) the Service provides forwarding instructions for
permit applications. The instructions in Sec. 13.11(b)(2) and
Sec. 13.11(b)(3) are being revised, and a new forwarding instruction in
Sec. 13.11(b)(4) is added for endangered and threatened species
incidental take permits and native endangered and threatened species
take and interstate commerce permits. This change is being made in
order to update the mailing addresses for permit applications. An
equivalent change has been made to Sec. 17.22(a)(1), Sec. 17.22(b)(1),
Sec. 17.32(a)(1), Sec. 17.32(b)(1), and Sec. 17.72(a)(1) that sets
forth the specific submission requirements for endangered and
threatened species permits.
The time notice requirements for making an application are set
forth in Sec. 13.11(c). This section advises applicants of the time
necessary for the processing of a permit. This section is being revised
to advise applicants that the time required for the processing of
endangered and threatened species incidental take permits will vary
according to the project scope and significance of effects and may
require more than 90 calendar days. Permit applicants are also now
informed that the time required for the processing of their permits may
be increased by the procedural requirements of the National
Environmental Policy Act (NEPA).
In implementing its responsibilities under the Endangered Species
Act (ESA), CITES, Marine Mammal Protection Act (MMPA), Lacey Act, and
Wild Bird Conservation Act (WBCA), the Service charges a user fee for
the processing of permits and certificates. These permits and
certificates authorize the holders to engage in certain wildlife-
related activities, such as the import or export of fish, wildlife, or
plants whose trade is regulated by treaty or by other laws of the
United States. The general statutory authority to charge fees for
permits and certificates is found in 31 U.S.C. 483(a), that provides
that any Federal agency may charge fees for services including permits
and certificates to make these services ``self-sustaining to the full
extent possible.'' The authority to charge fees is also found under
wildlife laws. Specifically, the ESA 16 U.S.C. Sec. 1540(f), authorizes
the Secretary to ``charge reasonable fees for expenses to the
government connected with permits or certificates authorized by the Act
including processing applications and reasonable inspection * * *.''
The MMPA, 16 U.S.C. Sec. 1374(g), also provides that the ``Secretary
shall establish, and charge a reasonable fee for permits'' issued
pursuant to the Act.
The current schedule of fees was published in the Federal Register
on July 15, 1982 (47 FR 30785). In accordance with fee policies in
effect at the time of the publication of the notice, the total cost of
processing each application was not expected to be fully borne by the
applicant. The Service, therefore, set what was believed to be a
reasonable fee for most permit applications to help defray processing
costs.
A recent internal analysis of user fees revealed a need to increase
import/export license and permit fees. This determination is supported
by the fact that the Service has not increased fees since 1982 despite
a 48.2 percent increase in the cost of living between August 1982 to
August 1993, according to the index published by the Bureau of Labor
Statistics. In Fiscal Year 1992 the cost to the Service for issuing
3,066 permits in the Office of Management Authority was approximately
$1 million, excluding the costs associated with ESA Section 7
consultations, NEPA compliance activities, or regional review of permit
applications. Revenues generated in user fees for the same year
amounted to approximately $61,000, or 6 percent of expenditures.
The Service is therefore proposing to implement a new fee schedule,
given the shortfall between program costs and fee collection and the
fact that there has been no increase in fees for over 12 years. The
Service proposes to increase the standard permit processing fee as set
forth in a new table to be designated at Sec. 13.11(d)(4)(i) from the
$25 per application level to $50 per application. The Service also
proposes to itemize nonstandard fees in a redesignated and revised
table at Sec. 13.11(d)(4)(ii) as follows: To increase the marine mammal
permit fee to $250 for public display and scientific research permits;
to increase the marine mammal registered tanner/agent permit fee to
$75; to increase the ESA captive-bred wildlife registration fees to
$175 for a 3-year period for new requests, and to $75 for a 3-year
period for ESA captive-bred wildlife registration renewal and pheasant
registrations; to increase the ESA import, take, and interstate
commerce permit fee to $175; to increase the ESA export and foreign
commerce permit fee to $100; to increase the CITES import permit fee to
$150; to increase the CITES trophy import permit fee to $50; to
increase CITES reissuance, pre-Convention certificate, captive-bred
certificate, certificate for artificially propagated plants, and
certificate of origin fees to $75; to increase the permit fee for CITES
pet export/re-export to $35; to increase CITES export permit fee to
$125; to increase the CITES Appendix II export permit fee for native
American furbearers and alligators (excluding live) to $75; to increase
CITES Appendix II and III re-export certificate fees to $125; to revise
the import/export license fee from its current level to $55; to
increase the injurious wildlife permit fee to $75; to increase the WBCA
personal pets (import) permit fee to $50; to increase the WBCA permit
fee to $150 for scientific research, zoological breeding or display,
and cooperative breeding; to set the fee for approval of cooperative
breeding programs to $200; to set the fee for approval of Foreign
breeding facilities to $250/species; to waive the
[[Page 46089]]
Migratory Bird Treaty Act (MBTA), bird-banding/marking permit fee; to
waive the MBTA special purpose-rehabilitation/educational permit fee;
to set the fee for MBTA special purpose-depredation permits for private
citizens (non-commercial) at $25; to waive the permit fee for bald and
golden eagles; and to waive the permit fee for bald and golden eagle,
Indian religious or ceremonial use. The ceremonial use. The Service is
providing for these several permit fee exemptions or reductions in
order to facilitate activities either regarded as beneficial to
wildlife resources or to facilitate the exercise of religious freedom.
The difference in the rates in the above user fees reflects the
level of complexity that the Service encounters in processing the
various types of permits, based on the estimated costs to the Federal
Government of providing these special services. The proposed fees are
to be established at 30 percent of the calculated actual processing
cost of each permit type. Fees for marine mammal permits, for example,
are set at the rate of $250 since they are the most burdensome to
process. These permit applications are often complex and require
Service coordination with the National Marine Fisheries Service and the
Marine Mammal Commission as well as publication of notices in the
Federal Register. Permits to import marine mammals generally require a
greater allocation of Service administrative and professional resources
to process than a comparable CITES Appendix I permit and are
significantly more complex to process than a pet permit application.
These proposed fee increases are intended to proportionately reflect a
percentage of the level of Service personnel resources and working
hours required to process them rather than the entire actual cost for
processing.
The Service's proposed new fee schedule is intended to recover a
greater portion of the direct and indirect costs to the Federal
Government of providing special services than is currently being
recovered. The proposed fee schedule will also serve to more fully
implement the Federal user fee policy that calls for cost recovery
where special services provided by the Service impart a special benefit
to an identifiable recipient.
In Sec. 13.11(d)(3) the Service provides for a waiver of permit
fees for certain governmental entities. This section provides that a
fee will not be charged to any Federal, State, or local government
agency, nor to any individual or institution under contract to such
agency for the proposed activity. Fees have traditionally been waived
or reduced for public institutions provided that proof of their status
as a ``public institution'' accompanied the permit application. The
Service is now proposing to limit the fee waiver provided for public
institutions to only qualifying Federal and State governmental agencies
and to individuals or institutions under contract to such agencies. The
Service finds it necessary to limit this exemption at this time in
order to more equitably recover a fair share of permit costs within a
substantial sector of the Service's processing workload. The Service
believes this change is reasonable since the affected institutions
receive significant benefits from Service permits beyond those that
accrue to the general public or to Federal or State governments.
Several other changes are made in the existing table of nonstandard
fees in Sec. 13.11(d)(4). These changes are intended to correct
administrative errors in reference and to update this table in
accordance with the previously proposed changes to the Service's
import/export license fee rates (59 FR 47212). In addition, changes are
also made in the table to indicate the exemption to the standard fee
requirement to be provided for migratory bird special purpose
rehabilitation and educational permits authorized under Sec. 21.27; for
American Indian religious or ceremonial use permits authorized under
Part 21 and Sec. 22.22; and for special purpose depredation permits for
private individual non-commercial purposes that are authorized under
Sec. 21.27.
The Service's requirements for abandoned or incomplete applications
are stated in Sec. 13.11(e). This section has been revised to notify
applicants that the Service may return substantially incomplete or
improperly executed applications, and to further instruct applicants of
the importance of providing complete and accurate information.
Applications for permits are required under Sec. 13.12 to contain
certain general information. Several changes are being made to the
requirements of this section. Section 13.12(a)(4) is being revised to
include the word ``export.'' This change is intended to inform
applicants of the required documentation necessary for the exportation
of wildlife. In addition to the general information requirements
required on permit applications, certain additional applicant
information is also required on permit applications in accordance with
Sec. 13.12(b). These additional requirements may be found by making
reference to the specific type of permit within the table provided in
Sec. 13.12(b). Within this section several obsolete or redundant
references to discontinued wildlife permit types are being deleted, and
missing references to permit types are being added. These changes
include: the deletion of the heading ``Marking of package or
container;'' the deletion of references under the heading ``Marking of
package or container'' that were made to ``Symbol marking'' permits; a
correction in the position of a reference to the ``Import/export
license'' from its present position under the heading ``Marking of
package or container'' to its proper position under ``Importation at
Nondesignated Ports;'' the addition of the heading ``Wild Bird
Conservation Act Permits'' with a listing of the four types of
available permits; the deletion of a reference made under the heading
``Threatened wildlife and plant permits'' that was made to ``American
alligator-buyer or tanner'' permits; the addition of a reference under
the heading ``Marine mammal permits'' of ``Registered agent or
tanner;'' and the deletion of a reference under the heading ``Migratory
bird permits'' that was made to ``Special aviculturist'' permits.
The terms and conditions under that the Service issues or refuses
to issue a permit are indicated in Sec. 13.21. This section is being
updated to correct obsolete references to the ``Bureau'' and by
inserting the abbreviated name the ``Service,'' to refer to the Fish
and Wildlife Service.
Several additional changes are being made to the text of
Sec. 13.21. One important change is the addition of certain
``factors,'' to a new section to be designated Sec. 13.21(a)(2), that
will be considered by the Service when making a determination whether
an individual applicant and/or permittee has failed to exercise
responsibility. Such evaluations are to include consideration of one or
more of the following factors: the competence, ability, skill,
knowledge, training, and experience of the applicant and the
suitability of facilities; whether there have been prior wildlife
violations; whether there has been a failure to qualify or to fulfill
any criteria or condition in law or regulation applicable to the
permit; and whether there have been prior violations involving
misrepresentation of material facts, falsified documents, false
labeling or invoicing, failure to present documents or wildlife for
examination or inspection, or other circumstances involving concealing,
evading or circumventing detection of wildlife violations.
[[Page 46090]]
In certain instances a permit will not be issued, despite the
proper execution of a wildlife permit application. This may arise when
an applicant has failed to meet the applicable issuance conditions
stipulated in Sec. 13.21(b). Specifically, the issuance requirements
stipulated in Sec. 13.21(b)(3) are being revised to properly
distinguish two distinct prerequisite conditions as independent and
separate operative requirements. These stipulated requirements, as they
presently read, are that the applicant has demonstrated a valid
justification for a permit and that the applicant has made a showing of
responsibility. A change is being made to separate these two
requirements by amending Sec. 13.21(b)(3) to allow non-issuance of a
permit for failure to demonstrate a valid justification for a permit
and by creating a new Sec. 13.21(b)(8) to allow non-issuance of a
permit for failing to demonstrate a showing of responsibility. The
Service notes in making this change that there should be no automatic
linkage: Where the satisfaction of one requirement or element could be
interpreted to automatically meet the requirements of the second
element; or between an applicant's showing of responsibility and the
separate and logically independent requirement of an applicant being
able to demonstrate a justification for a permit.
In addition to the above-mentioned changes, three new ``issuance
criteria'' requirements have been added at Sec. 13.21(b)(6),
Sec. 13.21(b)(7), and Sec. 13.21(b)(9) respectively, to require the
applicant to fulfill all applicable requirements necessary for the
filing of a complete application prior to the Director's or Regional
Director's issuance of the appropriate permit, to require the applicant
to have complied with the conditions of previously held permits, and to
provide for non-issuance where the applicant has conducted the activity
prior to the issuance of the permit required by Subchapter B. This
correction was considered necessary in order to further explain the
criteria that the Director or Regional Director must consider before
reviewing and issuing a permit.
The requirements of Sec. 13.21(b) list certain factors that will
disqualify a person from obtaining a permit. A disqualification, under
this section, is to be instituted when an applicant has been
determined, under certain specified criteria, to have been in violation
of certain listed wildlife laws.
A change to the scope of the factors is being made in Sec. 13.21(c)
by the inclusion of additional ``disqualifying factors.'' This section
has been reorganized as follows. First, the existing disqualification
factor in Sec. 13.21(c)(1) for a conviction or entry of a plea of
guilty or nolo contendere for a felony violation of the Lacey Act, the
Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act
that disqualifies a person from receiving or exercising the privileges
of a permit is being amended to encompass all criminal violations of
these Acts, to establish a 5-year duration of disqualification, and to
include within this regulation equivalent violations of the ESA, CITES,
Airborne Hunting Act, the MMPA, the WBCA, and the African Elephant
Conservation Act. This disqualification factor is being redesignated to
appear as Sec. 13.21(c)(1)(i). Second, an additional factor is being
added at a newly designated Sec. 13.21(c)(1)(ii) to include as a basis
for disqualification an assessment of one or more civil penalties for a
violation(s) of the Lacey Act, the Eagle Act, the ESA, CITES, Airborne
Hunting Act, MMPA, the WBCA, or the African Elephant Conservation Act,
where such assessment(s) evidence a lack of responsibility in
accordance with Sec. 13.21(a)(2). Third, changes are being made within
Sec. 13.21(c)(2) to disqualify an applicant from receiving or
exercising the privilege of a permit for a period of 5 years where an
individual has had a similar permit previously revoked for reasons
found in Secs. 13.28 (a)(1), (a)(2), or (a)(3). The effect of this
change is to include as a basis for a permit disqualification any prior
revocation received pursuant to these three sections. These changes are
intended to include as a basis for disqualification other kinds of
wildlife violation(s) and to fairly equate comparable levels of
violation(s) to allow disqualification in certain instances where
violation(s) clearly evidence a lack of responsibility. Changes to the
scope of revocation actions encompassed under these three sections will
be covered later in the preamble discussion of changes to permit
revocations in Sec. 13.28.
The conditions of issuance and acceptance of a permit are set forth
in Sec. 13.21(e). The provisions of Sec. 13.21(e)(2) are intended to
inform applicants of their responsibilities as holders of Fish and
Wildlife Service permits, and that by accepting or holding a permit the
applicant acknowledges the necessity for close regulation and
monitoring of the activity permitted. It is further explained within
this provision that by the act of acceptance of a permit the permittee
consents to and will allow the entry by agents or employees of the
Service, or other authorized State Government official upon the
premises where the permitted activity is conducted at any ``reasonable
hour''. This paragraph is being revised by the addition of the words
``as established or evidenced by actual operation or by the normal
hours of operation for similar types of business, trade or
operations.'' This change is made to clearly delineate what is meant by
the use of the operative term ``reasonable hour''. In addition, this
section is also being revised to allow Service agents or employees or
other authorized State governmental officials to audit or copy any
books, records, or permits required to be kept in accordance with
Subchapter B.
The requirements for a denial of a permit application are set out
in Sec. 13.21(g). Under the terms of Sec. 13.21(g), ``Denial'', an
issuing/reviewing office may deny a permit to any applicant who fails
to meet the applicable Service issuance criteria. This section is being
revised to provide that the issuing/reviewing office will provide the
applicant with a written explanation stating the basis for a permit
denial. Although the Service has generally provided such explanations
as a matter of policy in the past, this change is being made to require
such notification by regulation.
Section 13.21(g) is also amended by the inclusion of the
requirement that, ``except where otherwise provided, a permit denial
will be presumed to remain in effect for a period of 1 year after the
date of denial, unless granted the permit during the review process.''
This change is intended to establish a fair and effective duration for
a Service permit denial and to place the burden upon the previously
denied applicant to correct conditions prior to any resubmission of
their application.
The Service's requirements for renewal of permits are established
in Sec. 13.22. Section 13.22 sets forth in detail the procedure to be
used by applicants for the renewal of existing permits. Changes made
within this section include the addition of a new introductory text to
the section stating that ``generally a permit issued under this
Subchapter B may be renewed, provided the activity authorized
thereunder has not been completed.'' This change is being made to
explain to applicants the permits are issued for a particular or
discrete permitted activity or act and that such permits will only be
renewed when the particular permitted individual activity or act has
not been completed. This section was intended to enable the permittee
to fully
[[Page 46091]]
complete a single permitted activity and was never intended to
authorize an additional or successive activity or act of the same kind.
Other changes made in this section were made to remind the
applicant of the basic requirement that all applications must be
completely filled out prior to the initiation of processing of a
renewal. An additional change made in this section was the inclusion of
a provision to read ``Any renewal application information remaining
unchanged for a period of more than 4 years may be regarded as
outdated, and the applicant required to provide new and complete
application information upon request.'' This change was necessary to
ensure that all information contained within permit application files
is current and updated on a regular basis.
Section 13.22 has also caused some confusion among applicants
concerning the special requirements of CITES. Section 13.22(c) is being
amended to clarify the provision allowing continuation of a permitted
activity while a permit renewal is pending. As currently written, the
permit must be valid and renewable to continue the activity; as
proposed, the permit also must not have been suspended or revoked. In
addition, the proposal reflects that continuation does not apply to
permits issued under CITES, as CITES permits are void upon expiration.
Another change made was in Sec. 13.22(d) to require a written
explanation for any denial of a permit renewal. The Service has
routinely provided such explanations and is amending the regulations to
provide such notice by regulation.
The Service's provisions for the amendment of permits are
established in Sec. 13.23. This section sets forth the procedures to be
used by applicants in modifying the conditions of a permit. This
section is being revised to replace the word ``his'' with the words
``his/her'' in Sec. 13.23(a) to make this reference gender neutral.
The procedures for the change of name or address of a permittee are
set forth in Sec. 13.23(c). Under the requirements of this section, a
permittee is required to notify the issuing office within 10 calendar
days of a change of name or address. This section is being revised by
the addition of a provision informing the permittee that a failure to
notify the office that issued the permit of a change of address may
result in the cancellation of a permit. This situation arises in cases
where reasonable efforts to contact the permittee by certified or
registered mail have failed. A canceled permit may be reinstated if the
permittee subsequently contacts the issuing office within 90 calendar
days of the date of cancellation.
A new section has been established at Sec. 13.23(d) to explain that
the issuing/reviewing office may deny amendments of a permit to any
applicant who fails to meet the issuance criteria set forth in
Sec. 13.21, or in the sections specifically governing the activities
for that the amendment has been requested.
The Service's criteria and procedures for suspension, revocation,
and review are established in Sec. 13.27, Sec. 13.28, and Sec. 13.29,
respectively. Sections Sec. 13.27 and Sec. 13.28 are being corrected to
conform with the provisions of the Administrative Procedure Act (APA)
(5 U.S.C. 551 et seq.). In accordance with the requirements of the APA
these sections will not be prefaced by a sentence stating ``the
following criteria will apply, except: pursuant to a court order; or in
cases of willfulness; or in cases in which the public health, interest,
or safety requires otherwise . . . .'' This change is intended to
inform applicants that permits issued by the Service may be immediately
suspended or revoked pursuant to: a sentence or order of a court; or in
cases where the permittee has intended by act or omission to willfully,
intentionally, knowingly, or voluntarily violate applicable law; or
where the public health, interest, or safety requires.
The Service's criteria and procedures for permit suspension are
stated in Sec. 13.27. These procedures are applicable when the Service
has determined it necessary and proper to take the appropriate action
of suspending a permit. The procedural steps within the Service's
administrative remedies, in cases of permit suspension, have been
amended to conform with those now made available in cases of permit
revocations pursuant to Sec. 13.28(b). This change is intended to
equate the administrative remedies available in cases of permit
suspensions with those of permit revocations and to eliminate
repetitive procedures.
In addition to these changes, the last sentence of Sec. 13.27(a) is
being deleted for it has resulted in a permit suspension remaining in
effect for an indefinite period of time or in the existing language of
the regulation ``until the permittee had corrected deficiencies.'' This
change was necessary because the terms of this provision are not in
agreement with the provisions of Sec. 13.28(a)(2), that allow a
permittee 60 days to correct any deficiencies that resulted in a
suspension or face possible revocation of the permit.
Several small changes are being made in the procedures for
suspension in Sec. 13.27(b). Pursuant to Sec. 13.27(b)(2) a permittee,
upon receipt of a notice of proposed suspension, may file a written
objection to the proposed suspension action. The procedural
specifications for this objection have been amended. This change is
accomplished by the insertion of the word ``postmarked'' to replace the
deleted word ``filed.'' A provision regarding the requirements for
making a written objection is also added to read as follows: ``Such
objection must be in writing, must be postmarked within 45 calendar
days of the date of the notice of proposal, must state the reason why
the permittee objects to the proposed suspension, and may include
supporting documentation and any new information.''
An additional change to the permit suspension procedures was made
in Sec. 13.27(b)(3) to read: ``A decision on the suspension will be
made within 45 calendar days after the receipt of the objection, or the
end of the objection period if the permittee does not respond within
the objection period, unless extended for good cause and the permittee
is notified of the extension. In the event of an adverse decision, the
issuing/reviewing office will notify the permittee in writing of the
Service's decision and the reasons thereof. The issuing/reviewing
office will also provide the applicant with information concerning the
right to appeal and the procedures thereof. The Service is making this
change to standardize available administrative remedies within Part 13
in an effort to minimize the delays caused by overly repetitious
procedures.
Changes have been made to the procedures for permit revocation in
Sec. 13.28. The Service's procedures for revocation will not be
divided, according to applicability, into two procedurally distinct and
independent categories of revocation action. These actions can be
categorized as: first, revocation procedures that will apply in
ordinary or usual ``revocation'' actions; and second, special
revocation procedures that will apply only to revocation of a suspended
permit when the permittee fails to correct deficiencies that were the
cause of the permit suspension within the required period of time.
The first type of revocation action is established in the present
Sec. 13.28(b). This section has been otherwise revised with changes
being made to several procedural steps and by the substitution of the
word ``appeal'' for the word ``reconsideration.'' This change will
replace the redundant step of having a
[[Page 46092]]
permittee make a request for reconsideration upon receiving notice of a
Service decision on the revocation. A step that in sequence followed
the permittees prior right to make a written objection upon receipt of
a notice of proposed revocation. This change is intended to eliminate
the overly repetitious re-review of the permit revocation by the
initial revoking office. The regulations will now replace this
administrative step with the more consequential administrative step of
providing the permittee with the right of immediately appealing an
adverse decision to the appropriate Director or Regional Director in
accordance with Sec. 13.29(e). These changes were also necessary to
provide comparable procedural uniformity between the permit revocation
procedures of this section and the procedures to be established for
suspension as stated in Sec. 13.27.
In the newly proposed second type of revocation action, the Service
will seek revocation in instances where there are valid grounds for
revocation of a suspended permit for failure to correct deficiencies in
accordance with Sec. 13.28(a)(3). The procedures for this type of
revocation action are to be set forth in Sec. 13.28(c). These new
procedures are intended to provide finality or closure to the
availability of administrative procedures in instances where a
suspended permittee has failed within the required period of time to
correct deficiencies that resulted in the suspension of their permit.
In such cases the suspended permittee who is effectively in violation
of their suspension for failing to act in good faith, will be barred
from availing themselves of further Service procedures and will
therefore, be compelled to seek any redress through non-administrative
means. This change is intended to demonstrate the importance of full
compliance with all suspension orders and the necessary consequences
for failing to exercise good faith. The Service believes that this
change is necessary, fair, and equitable in light of the seriousness of
a failure to abide by the terms of a suspension order.
The Service is also amending and reorganizing Sec. 13.28(a), which
provides the applicable criteria for permit revocations. The existing
criteria in Sec. 13.28(a)(1) provides that a permit may be revoked when
``the permittee willfully violates any Federal or State statute or
regulation, or any Indian tribal law or regulation, or any law or
regulation of any foreign country, that involves a violation of the
conditions of the permit or of the laws or regulations governing the
permitted activity.'' The Service is amending the scope of
Sec. 13.28(a)(1) to provide for revocation for violation of any Federal
or State statute or regulation, or any Indian tribal law or regulation,
or any law or regulation of any foreign country that involves a
violation of the conditions of the permit or the laws or regulations
governing the permitted activity and which results in a felony
conviction, or entry of a plea of guilty or nolo contendre.
In order to present all applicable revocation criteria in logical
sequence the Service proposes to redesignate the existing Secs. 13.28
(a)(2), (a)(3), (a)(4), and (a)(5) to become Secs. 13.28 (a)(3),
(a)(4), (a)(5), and (a)(6) respectively, and to insert additional
criteria for permit revocation in new Sec. 13.28(a)(2) and
Sec. 13.28(a)(7). The new permit revocation criteria at
Sec. 13.28(a)(2) will provide that a permit may be revoked when ``the
permittee has violated any Federal or State statute or regulation, or
any Indian tribal law or regulation, or any law or regulation of any
foreign country, that involves a violation of the condition(s) of the
permit or of the laws or regulations governing the permitted activity
resulting in a conviction, entry of a plea of guilty or nolo contendere
for any misdemeanor violation, or the assessment of a penalty for a
civil violation if such assessment(s) or conviction(s) evidences a lack
of responsibility.''
In Sections 13.28 (a)(7), (a)(8), (a)(9), and (a)(10) the Service
would add four additional criteria for permit revocation. The new
criteria at Sec. 13.28(a)(7) would read as follows: ``It is determined
that the permittee failed to disclose material information required or
made false statements as to any material fact in connection with his
application or the conduct of activities under his or her permit.''
This change is intended to inform the applicant of the necessity of
making a full and accurate permit application and the consequences of
their failing to do so. The new criteria at Sec. 13.28(a)(8) would read
as follows: ``Evidence showing failure to exercise responsibility in
accordance with Sec. 13.21(a)(2).'' This change is intended to provide
for revocations in situations where the permittee has clearly evidenced
a failure to exercise responsibility. The new criteria to be set forth
at Sec. 13.28(a)(9) would read as follows: ``The Director or Regional
Director finds through further inquiry or investigation, or otherwise,
that the applicant is not qualified.'' This change will allow the
Service to revoke permits when conditions, that would have disqualified
the permittee at the time of application, are discovered after a permit
has been issued. The new criteria to be set forth at Sec. 13.28(a)(10)
would read as follows: ``the applicant has failed to fulfill the
applicable requirements of Subchapter B.'' This change would allow the
Service to revoke permits upon a finding that the permittee is not in
compliance with the required conditions for holding a permit.
An additional change to the permit revocation procedures in
Sec. 13.28(b)(3) would read: ``A decision on the suspension will be
made within 45 calendar days after the receipt of the objection or the
end of the objection period, whichever is applicable, unless extended
for good cause and the permittee is notified of the extension. In the
event of an adverse decision on the permittee's written objection,
revoking the permit, the issuing/reviewing office will notify the
permittee in writing of the Service's decision and the reasons
therefore, together with the information concerning the right to appeal
the decision under Sec. 13.29(e) of this part, and the procedures for
appeal.'' The Service proposes this change to standardize available
administrative remedies within Part 13 in an effort to minimize the
delays caused by overly repetitious procedures.
An important change proposed to Sec. 13.28(d) is the addition of a
special reference table to be entitled ``Time allocated for
administrative procedures.'' The Service is proposing this section to
assist permittees in complying with the time restrictions provided for
the availability of suspension, revocation and other review procedures.
In revising the review procedures in section 13.29, the Service has
attempted to eliminate certain redundancy with the suspension,
revocation, and the procedures for the appeal of a permit denial. To
accomplish this change, the Service is proposing to make two procedural
changes: first, to provide the permittee whose permit has been revoked
or suspended with the immediate right to directly appeal to the
Director or Regional Director in lieu of a repetitious request for
reconsideration before the same issuing/reviewing office who initiated
the revocation or suspension action; and second, to allow the Service
to proceed in an orderly fashion from permit suspension to permit
revocation in situations where a permittee has failed within the
required period of time to remedy the deficiencies that caused the
suspension. These changes are necessary because the procedures as
currently written are overly repetitious and delaying to
[[Page 46093]]
permittees seeking redress. The review procedures as written have also
inappropriately allowed applicants falling under Sec. 13.29(a) (1),
(2), and (3) to request a reconsideration of proposed suspension or
revocation actions, even when there was no lawful authority to issue a
permit. The Service believes that a request for reconsideration of
suspensions or revocations is unnecessarily repetitive in such
instances, especially in light of the applicant's existing available
procedural remedies of objecting to any suspension or revocation action
in accordance with Sec. 13.27(b)(2) and Sec. 13.28(b)(2), respectively,
and challenging any adverse answer to such action with a timely appeal.
Other changes have been proposed in the text of Sec. 13.29. These
include: the clarification of the requirements for the submission of
certification in Sec. 13.29(b)(4); administrative changes in
Sec. 13.29(d); and the inclusion of certain exceptions to this section
in Sec. 13.29(a) and Sec. 13.29(e). Several additional changes are
being made to the provisions of Sec. 13.29(f), which would be re-
numbered and administratively revised. Section 13.29(f)(1) would be
amended to read ``the Director or the Regional Director may designate
any staff member(s) to assist in analyzing the issues and may include
the recommendations of the issuing/reviewing office.'' This change is
intended to clarify the respective role of the issuing/reviewing office
in providing assistance and recommendations to the Director or Regional
Director considering an appeal.
The Service, in an effort to simplify its regulations, is adding a
reference section in a new section to be designated Sec. 13.30. The
intent of this section is to provide the user with a reference to
clearly illustrate: the exercise of responsibility determinations; the
effects of disqualification; procedures for denial; the procedures for
permit amendment(s) initiated by the Service; the procedures for
suspension of a permit; the general procedures for revocation of a
permit; the special procedures for revocation of a suspended permit,
where the applicant has failed to correct deficiencies that were the
cause of a suspension; and the effects of a prior revocation on
subsequent permits.
Section 13.41 sets forth the requirement that wildlife possessed in
accordance with permit conditions must be maintained under humane and
healthful conditions. This section would be revised to read ``any live
wildlife or plants possessed, held, transported, and/or imported under
a permit must be maintained under humane and healthful conditions.''
This change is intended to insure that all wildlife and plants under a
Service permit are adequately maintained under applicable regulations.
The Service requirements regarding the maintenance of records is
stated in Sec. 13.46. This section would be revised to require that
such records now include information on the specifics of any death or
escape of permitted wildlife. In addition such records will now be
required ``to include names and addresses of persons by or with whom
any plant (to include seeds) or wildlife has been purchased, sold,
bartered, or otherwise transferred . . . .'' This change is intended to
include the seeds of plants that are regulated by permit with
applicable record keeping requirements.
In Sec. 13.47 the Service sets out the inspection requirements
applicable to any person holding a permit pursuant to Part 13. This
section would be revised by the addition of the words ``as established
or evidenced by actual operation, or normal or expected hours of
operation for the type of similar type of business, trade, operation or
activity.'' This change is made in order to more clearly delineate what
is meant by the use of the operative term ``reasonable hour.'' The
equivalent provision in Section Sec. 13.21(e)(2) would also be
similarly revised.
In addition to the changes being made in Part 13, the Service would
revise Part 10 to add a necessary reference to the appropriate Regional
Office addresses and to also update the existing list of Division of
Law Enforcement, Regional Office addresses provided in Sec. 10.22. The
Service would also update the mailing address in Sec. 17.22, 17.32,
17.62, and 17.72 as noted earlier, for the submission of applications
for permits for Native Endangered and Threatened Species Take,
Interstate Commerce, and Incidental Taking permits. Finally, the
Service is considering additional regulatory provisions for the
identification of trade secrets or confidential business information
(CBI) contained in permit applications. The Service invites additional
comments on how it may consider the views of applicants as to the
protection and identification of such information, when requested under
the Freedom of Information Act.
Background
On Thursday, November 14, 1991, the Service published in the
Federal Register (56 FR 57873) a Notice of Intent to Review 50 CFR Part
13. The Service, in this notice, requested that all interested parties
submit written comments. In response to this request, the Service
received comments from a total of 66 individuals and organizations.
Specifically, written comments were received from 36 individuals,
11 government agencies, 8 sportsman associations, 1 American Indian
tribe, 3 scientific associations, and 7 wildlife management and
conservation associations. Only 10 of the comments received pertained
to Part 13. The Service has carefully considered all comments received
in response to the Notice in proposing these changes to Part 10, 13,
and 14.
Summary of Comments and Information Received
Comments Pertaining to 50 CFR Section 13.3
Scope of Regulations
Several commenters noted that the term ``permit'' should also
include foreign documents such as export permits, commodity clearances,
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) permits, and certificates of origin. One commenter
noted that currently the Service has no real regulations that pertain
to the specific requirements of foreign permits. The Service finds
considerable merit in these comments and is proposing to amend this
section accordingly to encompass such permits.
Comments Pertaining to 50 CFR Section 13.11 and 13.12
Application Procedures, General Information Requirements on Permits
A few comments were received on 50 CFR Sec. 13.11. One commenter
representing a scientific association suggested, in regards to
Sec. 13.11(a), that a letter describing a researcher's activities be
allowed instead of the present requirement of filling out a Service
permit application form. In issuing/reviewing permits and applications,
the Service needs to quickly ascertain a permittee's or applicant's
status or eligibility. To best accomplish this task, a uniform permit
application has been routinely used. The Service believes that a
continuation of the use of this standard form is the best and most
efficacious method of processing applications and ensuring all required
information has been provided.
Several comments from scientific and wildlife associations
requested a review of 50 CFR Sec. 13.11(b)(2). This section references
the designated port of entry requirement of Part 14. One commenter
[[Page 46094]]
suggested that the Service's regulations should include an exception to
designated port of entry requirements for scientific specimens and
raptors used in the practice of falconry. The Service finds
insufficient merit in the suggested exemptions for scientific specimens
and of falconry birds from the designated port requirements. The
Service has strived in its administration of permits under Part 13 to
treat all permit applicants fairly and uniformly without regard to the
status of the permittee. Procedurally, the requirements of
Sec. 13.11(b)(2) are intended to identify the appropriate issuing/
reviewing office for a permit. This section was not intended as a list
of exceptions to other regulations.
One commenter noted that delays in the issuance of permits caused
by the time notice requirements in 50 CFR Sec. 13.11(c) has imposed a
hardship upon permit applicants. Other commenters also expressed
similar concerns about perceived delays in the permit review process.
The Service is concerned about any delays encountered in its permit
programs. The permit process, however, is a deliberative process and
therefore, requires careful, individual analysis and review by the
Service. Importers of scientific specimens, captive-bred raptors, and
wildlife importers in general should take this consideration into
account and plan ahead for their importation and or exportation needs.
One comment on Sec. 13.12, the general information requirements of
permit applications, requested that a timely notification be given to
all applicants with incomplete permit applications. The commenter
further noted that such notice would serve to prevent the penalization
of the applicant for relatively inconsequential or unintended
omissions. It is the considered opinion of the Service that such
additional ``formal'' procedures are not warranted at this time. The
Service is not convinced that such additional procedures would result
in any consequential saving in time. The Service, however, will
continue to notify the applicant informally in all such cases.
Comments Pertaining to 50 CFR Section 13.21
Issuance of Permits, Denials
One commenter suggested that under certain limited circumstances,
verbal authorization to undertake a permitted scientific project should
be allowed. The commenter further qualified this suggestion, however,
by noting that applicants should not have to bear legal liability when
misleading oral representations are given within such verbal
authorizations. The Service believes that such verbal authorizations
would be ill advised for the same vagueness and accountability problems
noted by the commenter.
One commenter questioned the qualifications of persons making a
determination as to the relative validity of a permit justification
under Sec. 13.21(b)(3). This section generally conditions the issuance
of a permit by the Director or Regional Director to the applicant's
demonstration of a valid justification for a permit and an independent
showing of responsibility. Service permit applications are reviewed in
an ordered and sequential process whereby permits are examined by
qualified Service staff working under direct guidance and supervision
of Service managers. Permit issuance decisions are reviewed for
consistency with established permit policy. Applicants who are
dissatisfied with the justifications given for any Service permit
decision may readily seek recourse and remedy through available Service
administrative procedures.
One commenter suggested deleting the first sentence of
Sec. 13.21(e)(2) for, as the commenter stated, ``the first sentence
implies a mistrust * * * of the permittee.'' In response to this
comment, the Service can only state that no such implication of
mistrust is intended. The intent of this requirement is to clearly set
forth the responsibility of the permittee to allow for compliance
inspections of permitted activities by the Service. Such inspection
requirements are essential for the exercise of due diligence in the
preservation of fish and wildlife resources.
One commenter noted that the officer should be required to provide
applicants with a written indication of the reasons for any denial of a
permit or the non-renewal of a permit under Secs. 13.21(g) and 13.22(d)
respectively. The Service appreciates the concerns of the commenter and
is proposing to change the regulations to include a provision in
Sec. 13.21(g) and Sec. 13.22(d), to be similar to those provided in
Sec. 13.27(b)(3) and Sec. 13.28(b)(3), to read as follows: ``the
issuing/reviewing office will notify the permittee in writing of the
Service's decision for denial or non-renewal of the permit.''
Generally, the Service has provided the basis of its decisions to
applicants in the past as a matter of policy. This notice would now be
required by regulation.
Comments pertaining to 50 CFR Section 13.28
Permit Revocation
One commenter noted that the criteria for permit revocation should
also include the complete civil and criminal prior violation history of
the permittee. The commenter further noted that whether a felony
violation is willful, as stated in Sec. 13.28(a)(1), should not be the
only consideration in permit revocations. The commenter noted that many
repeat offenders assert their violations are a result of ignorance of
the regulations although, as the commenter elaborated, these are the
same regulations to which the violators have affirmed knowledge when
they sign their permit application. The Service finds considerable
merit in the commenter's suggestion. The Service in its revocation
procedures has attempted to strike a balance in favor of fairness. The
revocation of an individual's permit is a punitive measure of final
resort that rightfully demands that the Service provide sufficient
justification for its permit revocation determinations and provides the
applicant with a fair process. The present criterion in
Sec. 13.28(a)(1) require the proof of the causal element of
``willfulness'' in the commission of certain listed felonies. This
element has presented the Service with an extremely difficult legal
burden of proof in permit revocation actions. This burden of proof has
tended to limit the effectiveness of revocation as a deterrent. The
Service, in an effort to construct a greater deterrent, is proposing to
amend the regulations to allow for additional criteria for permit
revocation. These additional criteria would be set forth in a new
Sec. 13.28(a)(2) that would provide that a permit may be revoked when
``the permittee has violated any Federal or State statute or
regulation, or any Indian tribal law or regulation, or any law or
regulation of any foreign country, that involves a violation of the
condition(s) of the permit or of the laws or regulations governing the
permitted activity resulting in a conviction, or entry of a plea of
guilty or nolo contendere for any misdemeanor violation, or the
assessment of a penalty for a civil violation if such assessment or
conviction evidences a lack of responsibility.''
Comments pertaining to 50 CFR Section 13.29
Review Procedures
One commenter recommended the amendment of 50 CFR Sec. 13.29(f) by
the addition of the following suggested
[[Page 46095]]
language ``The applicant will be provided in writing all presentations,
whether oral or written, made by the issuing/reviewing office, or other
Service divisions or employees, to higher authority regarding the
merits of the appeal, which presentations shall be included in the
appeal record. The deciding officer will state in the decision the date
and contents of any discretionary policy adopted by the Service and
applied in that matter, and state the facts justifying why that policy
applies and should be adopted or applied in that appeal.'' The Service
finds this proposal to be impractical and undesirable. The term
``discretionary policy'' is ambiguous and an inaccurate representation.
Where an appeal is successful, the applicant will receive their permit
and the record will substantiate why the issuing/reviewing office's
decision has been reversed. Where an appeal is rejected, the applicant
will receive notice providing the basis for that determination.
Comments pertaining to 50 CFR Sec. 13.42
Permits are Specific
One commenter noted that scientific collecting permits should be
written in such a way as to allow for scientific opportunism. The
rationale for this suggestion, as noted by the commenter, is that
scientists cannot always predict the particular species they will find
or what species they will find useful for research purposes. The
commenter further noted that this problem is of special concern when
invertebrate and plant species are involved. The Service is sympathetic
to the concerns expressed herein and otherwise by the scientific
community. The Service continues to recognize the essential need to
facilitate the study of science. The Service, however, must carefully
weigh these concerns pursuant to its mandate to carefully monitor the
collection of scientific wildlife specimens. The Service is hesitant to
issue scientific collecting permits without sufficient species
specificity. Therefore, the Service does not anticipate making any
changes in the regulations pertaining to scientific collecting permits
at the present time. The applicant should always have an idea of what
their intended target species will be. Where the collection of
additional species is anticipated, the applicant is simply required to
add them to the list of those species in the application justification.
One representative of an association of scientists suggested
several changes to the regulation involving special permit provisions
for scientists. One request was for the Service to provide for
``temporary verbal authorization'' to be given while a research
application is being processed. Another commenter suggested that permit
application information be only required for what was termed ``a
randomly sampled subset of applicants, with clearly defined research
objectives.'' The commenter also suggested that application fees should
be waived for scientific or educational institutions and, that under
certain limited circumstances, verbal permit authorization to undertake
a permitted scientific project or the modification thereof be provided.
The Service is cognizant of the special requirements of scientist and
researchers; however, the Service is hesitant at this time to provide
for such special permit procedures in the absence of adequate
safeguards. In regard to the issue of fees, the cost incurred by the
Service in processing permits is substantial and should not be
dependent upon the status, purpose, or funding source of the recipient.
Other comments to Part 13 included the recommendation that there be
greater national uniformity in the Service's interpretation and
enforcement of regulations. Specific recommendations addressed: the
need for uniformity in the issuance of permits; the need to establish
uniform renewal, non-renewal, and revocation criteria; and the
recommendation that the permit process be simplified, expedited, and
administered through a centralized permit process rather than the
current regional system.
In this review of Part 13, the Service is attempting to update the
regulatory provisions that provide uniform procedures applicable to the
permit process. The Service in its general permit procedures has
attempted to achieve a desirable level of specificity in its
regulations and uniformity in the issuance of permits throughout the
seven Regional Offices. There is, however, a limit to the degree of
specificity and centralization that can be achieved by the Service
without making the regulations and the permit issuance process more
complex and extensive than necessary. The Service has made an effort in
the past to decentralize the permit process to make it more responsive
to users and efficient in operation. The process was once centralized
in the Washington office of the Division of Law Enforcement. This was
found to be unsatisfactory as the Service was unable to make accurate
judgments about applications that were specific to diverse regional
conditions. In addition the Service's ability to take an adverse action
when necessary was also limited, depending on the type of permit
involved, by its ability to ascertain the specific facts and
circumstances involved in each case. The variables relating to the
issuance of the permit are often unique to the locale and situation.
The Service's responsibilities for the permit process require its
careful evaluation of all the facts, circumstances and local conditions
related to a permit's issuance. In order for the Service to be fair to
everyone, it can only provide the basic procedural guidelines for
taking those adverse actions. It is not in the best interest of the
permittees or the Service to impose the unique variables of one
situation to every case.
Several additional comments were received on Part 13; these include
a recommendation that changes be made to permit procedures that affect
museum and scientific specimens. One commenter suggested that permit
requirements are too complicated, especially in such instances where
scientific specimens or materials on loan to parties outside the United
States are returned. The Service is concerned about any delays
encountered by applicants and permittees in its permit functions. The
Service, however, must process the requests of all members of the
public fairly and equitably without regard to their individual status
on a first in, first out basis.
One commenter noted that the Service should determine whether the
provisions of Sec. 13.41 regarding the humane conditions for wildlife
possessed under a permit are adequate to cover conditions of falconry
birds. This, in the commenter's opinion, would be particularly true in
the event the facilities standards of Sec. 21.21 are removed or
changed. The Service in Sec. 21.29 and Sec. 21.30 has established
standard criteria for falconers and raptor propagators. These include
the requirements for falconry facilities. Any requirements beyond these
are imposed by the respective individual states.
Another commenter suggested that the Service's requirements for
alteration of a permit in Sec. 13.43 should allow the ``reasonable''
copying of permits for use as records and for other limited purposes.
The Service, in reply to the above comment, is justifiably concerned
about the integrity of its permit system. Any proliferation of copies
would tend to undermine the system and lead to increased doubt as to
the authenticity of permits. Therefore, to continue to safeguard the
permit system the ban on the copying of permits, except where
specifically permitted on the face of the permit, will remain in
effect.
[[Page 46096]]
One commenter noted that the requirements for the maintenance of
records in Sec. 13.46 were too burdensome on permittees. The Service
fully realizes that there is some burden imposed upon the permittee by
the requirement of Sec. 13.46 to maintain records. The Service,
however, believes that this burden is at a minimum level and reasonably
necessary for the maintenance of a sound permit program and to preserve
wildlife resources. Finally, a few commenters requested the Service
define the terms ``reasonable hour'' and ``sale.'' The term,
``reasonable hour'' as it is used in Sec. 13.47 invokes a reasonable
standard of interpretation and is given its common meaning in light of
the facts and circumstances of each case. The Service has carefully
considered the suggestion to provide greater clarification to this term
and proposes making changes in the language of this and the equivalent
section in Sec. 13.21(e)(2) accordingly. The term ``sale'' includes
offers, or possess for sale, barter, exchange, or trade. The Service
invites further comment on the merits of the addition of such a
definition.
Need for Proposed Rulemaking
The Fish and Wildlife Service (Service) is updating the general
permit procedures. In addition the Service is correcting errors in the
amended uniform rules and procedures for the application, issuance,
denial, suspension, revocation, and general administration of permits
issued pursuant to 50 CFR Part 13. Definitions have been added and
several errors and missing references have been corrected. Changes were
necessary in several sections for the purposes of eliminating
ambiguities and to more clearly articulate procedural requirements, to
circumscribe applicable exceptions to requirements, and to provide for
greater clarity.
Changes in the Service permit user fee policies and rates were made
in order to more fully recover the cost of maintaining the permit
system. The Service is revising its overall user fee policies and rates
and is attempting in general to recover a fair or more reasonable
proportion of the cost of special services provided to individuals and
businesses. The demands of providing such special services have
required a proportionately greater allocation of Service resources than
the services provided to the public at large. Federal guidelines
indicate that the entire cost of providing such special services should
be realized by the recipient, the Service at this time is simply
attempting to recover a larger portion of permit issuance costs through
more realistic user fees.
The Service is also amending 50 CFR Part 10 and 50 CFR Part 17. The
Service is making limited changes to these parts to correct addresses
provided therein.
Required Determinations
This rule was not subject to review by the Office of Management and
Budget (OMB) review under Executive Order 12866. The Department of the
Interior (Department) has determined that this proposed rule will not
have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
Small entities are presently required to comply with the current
regulations. This revision will have a beneficial effect upon small
entities by simplifying general permit procedures. This action is not
expected to have significant ``taking'' implications, as per Executive
Order 12630. This proposed rule does not contain any additional
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. The Department has certified to OMB that these proposed
regulations meet the applicable standards provided in Section 2(a) and
2(b)(2) of Executive Order 12778. This action does not contain any
federalism impacts as described in Executive Order 12612. These
proposed changes in the regulations in Parts 10, 13, and 17 are
regulatory and enforcement actions that are covered by a categorical
exclusion from National Environmental Policy Act procedures under
Section 516 of the Department Manual and an Environmental Action
Memorandum is on file at the Service's office in Arlington, Virginia. A
determination has been made pursuant to Section 7 of the Endangered
Species Act that the revision of Part 14 will not affect federally
listed species.
Author
The originator of this proposed rule is Law Enforcement
Specialist Paul McGowan working in cooperation with the staff of the
Division of Law Enforcement and the Office of Management Authority,
Fish and Wildlife Service, Washington, D.C.
List of Subjects
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 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
For the reasons set out in the preamble, Title 50, Chapter I,
Subchapter B of the Code of Federal Regulations, is proposed to be
amended as set forth below:
1. The authority citation for Part 10 is revised to read as
follows:
Authority: 16 U.S.C. 668a-d, 703-712, 742a-742j-1, 1361-1384,
1401-1407, 1531-1543, 3371-3378; 18 U.S.C. 42; 19 U.S.C. 1202.
Subpart C--Addresses [Amended]
2. Section 10.22 is revised to read as follows:
Sec. 10.22 Regional and law enforcement offices.
Service Regional and Law Enforcement offices and their areas of
responsibility follow:
(a) Mail forwarded for the attention of the Regional Director for
the U.S. Fish and Wildlife Service should be addressed: Regional
Director, Attention: Endangered/Threatened Species Permits (see
appropriate address in the table in paragraph (b) of this section);
(b) Mail forwarded for the attention of the Division of Law
Enforcement should be addressed: Assistant Regional Director, Division
of Law Enforcement, (see appropriate address in the following table):
[[Page 46097]]
Table--Areas of Responsibility and Office Addresses
------------------------------------------------------------------------
Assistant regional
Jurisdiction Regional directors directors for law
enforcement
------------------------------------------------------------------------
Region 1: California, U.S. Fish and Wildlife U.S. Fish and Wildlife
Hawaii, Idaho, Nevada, Service, 911 N.E. 11th Service, Law
Oregon, Washington, Avenue, Portland, OR Enforcement, 911 N.E.
American Samoa, Guam, 97232-4181, Telephone: 11th Avenue,
the Marshall Islands, (503) 231-6241. Portland, OR 97232-
Northern Mariana 4181, Telephone:
Islands, and the Trust (503) 231-6125.
Territory of the
Pacific Islands.
Region 2: Arizona, New U.S. Fish and Wildlife U.S. Fish and Wildlife
Mexico, Oklahoma, and Service, P.O. Box Service, Law
Texas. 1306, Albuquerque, NM Enforcement, P.O. Box
87103, Telephone: 329, Albuquerque, NM
(505) 766-3972. 87102, Telephone:
(505) 766-2091.
Region 3: Illinois, U.S. Fish and Wildlife U.S. Fish and Wildlife
Indiana, Iowa, Service, Bishop Henry Service, Law
Michigan, Minnesota, Whipple Federal Enforcement, Bishop
Missouri, Ohio, and Building, Fort Henry Whipple Federal
Wisconsin. Snelling, MN 55111- Building, Fort
4056, Telephone: (612) Snelling, MN 55111-
725-3583. 4056, Telephone:
(612) 725-3530.
Region 4: Alabama, U.S. Fish and Wildlife U.S. Fish and Wildlife
Arkansas, Florida, Service, 1875 Century Service, Law
Georgia, Kentucky, Center Blvd., Suite Enforcement, P.O. Box
Louisiana, 200, Atlanta, GA 49226, Atlanta, GA
Mississippi, North 30345, Telephone: 30303, Telephone:
Carolina, South (404) 679-7088. (404) 331-5872.
Carolina, Tennessee,
Puerto Rico, and the
Virgin Islands.
Region 5: Connecticut, U.S. Fish and Wildlife U.S. Fish and Wildlife
Delaware, District of Service, 300 Westgate Service, Law
Columbia, Maine, Center Drive, Hadley, Enforcement, P.O. Box
Maryland, MA 01035, Telephone: 779, Hadley, MA 01035-
Massachusetts, New (413) 253-8627. 0779, Telephone:
Hampshire, New Jersey, (413) 253-8274.
New York,
Pennsylvania, Rhode
Island, Vermont,
Virginia, and West
Virginia.
Region 6: Colorado, U.S. Fish and Wildlife U.S. Fish and Wildlife
Kansas, Montana, Service, P.O. Box Service, Law
Nebraska, North 25486-DFC, Suite 550, Enforcement, P.O. Box
Dakota, South Dakota, Denver, CO 80225, 25486-DFC, Denver, CO
Utah, and Wyoming. Telephone: (303) 236- 80225, Telephone:
7920. (303) 236-5270.
Region 7: Alaska....... U.S. Fish and Wildlife U.S. Fish and Wildlife
Service, 1011 E. Tudor Service, Law
Road, Anchorage, AK Enforcement, P.O. Box
99503, Telephone: 92597, Anchorage, AK
(907) 786-3542. 99509-2597,
Telephone: (907) 786-
3311.
Region 9: Any foreign U.S. Fish and Wildlife U.S. Fish and Wildlife
country (Washington Service, Office of Service, Law
Office). Management Authority, Enforcement, P.O. Box
4401 North Fairfax 3247, Arlington, VA
Drive, Room 420C, 22203-3247,
Arlington, VA 22203, Telephone: (703) 358-
Telephone: (703) 358- 1949.
2104 or 1-(800) 358-
2104.
------------------------------------------------------------------------
50 CFR Part 13 [Amended].
3. The authority citation for Part 13 is revised to read as
follows:
Authority: 16 U.S.C. 668a; 704, 712; 742j-1; 1374(g); 1382;
1538(d); 1539, 1540(f); 3374; 4901-1916; 18 U.S.C. 42; 19 U.S.C.
1202; 31 U.S.C. 483(a), 9701; E.O. 11911, 41 FR 15683.
4. Section 13.1 is revised to read as follows:
Sec. 13.1 General.
Each person intending to engage in an activity for which a permit
is required by this subchapter B will, before commencing such activity,
obtain a valid permit authorizing such activity. Each person who
desires to obtain the permit privileges authorized by this subchapter
must make application for such permit in accordance with the
requirements of this part 13 and the other regulations in this
subchapter that set forth the additional requirements for the specific
permits desired. If the activity for which a permit is sought is
covered by the requirements of more than one part of this subchapter,
the requirements of each part must be met. A single permit authorizing
an activity under several parts of this subchapter B may be issued. A
single application for such a permit will be accepted if it includes
all of the information required to justify each specific permitted
activity to be authorized.
5. Section 13.3 is revised to read as follows:
Sec. 13.3 Scope of regulations.
The provisions in this part are in addition to, and are not in lieu
of, other permit regulations of this subchapter and apply to all
permits issued thereunder, including ``Importation, Exportation and
Transportation of Wildlife'' (Part 14), ``Wild Bird Conservation Act''
(Part 15), ``Injurious Wildlife'' (Part 16), ``Endangered Wildlife and
Plants'' (Part 17), ``Marine Mammals'' (Part 18), ``Migratory Bird
Permits'' (Part 21), ``Eagle Permits'' (Part 22), and ``Endangered
Species Convention'' (the Convention on International Trade in
Endangered Species of Wild Fauna and Flora) (Part 23)--except as
provided in Sec. 13.22(c). As used in this part 13 the term ``permit''
will refer to a license, permit, or certificate as the context may
require and to all such documents issued by the Service or other
authorized United States or foreign government agencies.
6. Section 13.11 is amended by revising the introductory text to
the section, by revising paragraphs (b)(2) and (b)(3), by adding
paragraph (b)(4), by revising paragraphs (c), (d)(2), (d)(3), (d)(4)
and (e) to read as follows:
Sec. 13.11 Application procedures.
The Service may not issue a permit for any activity authorized by
this subchapter B unless the applicant has filed an application in
accordance with the following procedures:
* * * * *
(b) * * *
(2) Exception to designated port (50 CFR part 14), import/export
license (50 CFR 14.93), migratory bird permit other than banding (50
CFR part 21), and bald or golden eagle permits (50 CFR part 22) may be
obtained by writing to the Assistant Regional Director for Law
Enforcement of the Region in which the applicant resides (see 50 CFR
10.22 for addresses and boundaries of the Regions).
(3) Wild Bird Conservation Act (50 CFR part 15); injurious wildlife
(50 CFR part 16); endangered and threatened species, except incidental
take, and native species take and interstate commerce (50 CFR part 17);
marine mammals (50 CFR part 18); and permits and certificates for the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora
[[Page 46098]]
(CITES), (50 CFR part 23) may be obtained by writing to: Fish and
Wildlife Service, Office of Management Authority, 4401 N. Fairfax
Drive, Room 420C, Arlington, Virginia 22203.
(4) Endangered and threatened species incidental take permits (50
CFR 17.22(b)), and native endangered and threatened species take and
interstate commerce permits may be obtained by writing to: Regional
Director (Attention: Endangered/Threatened Species Permits) of the
Region where the activity is to take place (see 50 CFR 10.22 for
addresses and boundaries of the Regions).
(c) Time notice. The Service will process all applications as
quickly as possible. However, it cannot guarantee final action within
the time limits the applicant requests. Applications for permits for
marine mammals and/or endangered and threatened species should be
postmarked at least 90 calendar days prior to the requested effective
date. Time required for the processing of endangered and threatened
species incidental take permits will vary according to the project
scope and significance of effects. Applications for all other permits
should be submitted to the issuing/reviewing office and be postmarked
at least 60 calendar days prior to the requested effective date. The
processing time of permits may be increased by the procedural
requirements of the National Environmental Policy Act (NEPA). When
applicable, the Service may require permit applicants to provide
additional information on the proposal and on its environmental effects
as may be necessary to satisfy the Service's requirements to comply
with the procedural requirements of NEPA.
(d) * * *
(2) If regulations in this subchapter require more than one type of
permit for an activity and the permits are issued by the same office,
the issuing office may issue one consolidated permit authorizing the
activity pursuant to Sec. 13.1. The issuing office in such instance may
charge only the highest single fee for the activity permitted.
(3) A fee will not be charged to any Federal or State government
agency nor to any individual or institution under contract to such
agency for the proposed activities. The fee may be waived or reduced
for public institutions (see 50 CFR 10.12). Proof of status as a
Federal or State government agency must accompany the application.
Except as otherwise authorized or waived, the failure to submit
evidence of such status with the application will require the
submission of all processing fees prior to the acceptance of the
application for processing.
(4) User fees.
(i) Standard user fee.
------------------------------------------------------------------------
Type of permit Fee
------------------------------------------------------------------------
Except as provided in paragraph (d)(4)(ii) of this section, the
standard fee for processing any application.................... $50
------------------------------------------------------------------------
(ii) Nonstandard user fees.
Marine Mammals
Public Display and Scientific Research (18.31)........ $250
Registered Tanners/Agents (18.23(d)).................. 75
Endangered Species Act (ESA)
Captive-bred Wildlife:
New Requests...................................... 175/3 years
Renewals and Pheasants............................ 75/3 years
ESA Import, Take, and Interstate Commerce............. 175
ESA Export and Foreign Commerce....................... 100
CITES Import.......................................... 150
CITES Trophy Import................................... 50
CITES Reissuance, Pre-Convention, Captive-bred, 75
Artificially Propagated Plants, and Certificate of
Origin.
CITES Pet Export/Re-Export............................ 35
CITES Export.......................................... 125
CITES Appendix II Export of native furbearers and 75
alligators (excluding live).
CITES Appendix II, III Re-Export...................... 125
Import/Export License (14.93)......................... 55
Injurious Wildlife (Part 16).......................... 75
Wild Bird Conservation Act (Part 15)
Personal Pet Import (15.25)........................... 50
Scientific Research, Zoological Breeding or Display, 150
and Cooperative Breeding (15.22, 15.23, 15.24).
Approval of Cooperative Breeding Programs............. 200
Approval of Foreign Breeding Facilities............... 250/species
Migratory Bird (Part 21)
Bird-Banding/Marking (21.22).......................... None
Special Purpose--Rehabilitation/Educational (21.27)... None
Special Purpose--Depredation, Private Individuals (Non- 25
Commercial) (21.27).
Bald and Golden Eagles (Part 22)...................... None
Indian Religious or Ceremonial Use (Part 21, 22.22)... None
(e) Abandoned or incomplete applications. Substantially incomplete
or improperly executed applications may be returned to the applicant.
If the application is only lacking minor information or the proper
fees, the issuing/reviewing office will accept the application for
processing and notify the applicant of the deficiency. If the applicant
fails to supply the correct information to complete the application or
to pay the required fees within 45 calendar days of the date of
notification, the Service will consider the application abandoned. The
Service will not refund fees for an abandoned application.
7. Section 13.12 is amended by revising paragraphs (a)(4) and (b)
to read as follows:
Sec. 13.12 General information requirements on applications for
permits.
(a) * * *
(4) If the requested permit activity involves the import, export,
or re-export
[[Page 46099]]
of wildlife or plants from or to any foreign country, and the country
of origin or the country of export or re-export restricts the taking,
possession, transportation, exportation, or sale of wildlife or plants,
documentation as indicated in Sec. 14.52(c) of this subchapter B;
* * * * *
(b) Additional information required on permit applications. As
stated in paragraph (a)(3) of this section certain additional
information is required on all applications. These additional
requirements may be found by referring to the section of this
subchapter B cited after the type of permit for which application is
being made:
------------------------------------------------------------------------
Type of permit Section
------------------------------------------------------------------------
Importation at Nondesignated Ports:
Scientific........................................... 14.31
Deterioration Prevention............................. 14.32
Economic Hardship.................................... 14.33
Import/Export License................................ 14.93
Wild Bird Conservation Act Permits:
Scientific Research.................................. 15.22
Zoological Breeding or Display....................... 15.23
Cooperative Breeding................................. 15.24
Personal Pets........................................ 15.25
Injurious Wildlife: Importation or Shipment.............. 16.22
Endangered Wildlife and Plant Permits:
Similarity of Appearance............................. 17.52
Scientific, Enhancement of Propagation or Survival, 17.22
Incidental Taking of Wildlife.
Scientific, Enhancement of Propagation or Survival 17.62
for Plants.
Economic Hardship for Wildlife....................... 17.23
Economic Hardship for Plants......................... 17.63
Threatened Wildlife and Plant Permits:
Similarity of Appearance............................. 17.52
General for Wildlife................................. 17.32
General for Plants................................... 17.72
Marine Mammals Permits:
Scientific Research.................................. 18.31
Public Display....................................... 18.31
Registered Agent or Tanner........................... 18.23(d)
Migratory Bird Permits:
Banding or Marking................................... 21.22
Scientific Collecting................................ 21.23
Taxidermist.......................................... 21.24
Waterfowl Sale and Disposal.......................... 21.25
Special Purpose...................................... 21.27
Falconry............................................. 21.28
Raptor Propagation Permit............................ 21.30
Depredation Control.................................. 21.41
Eagle Permits:
Scientific or Exhibition............................. 22.21
Indian Religious Use................................. 22.22
Depredation Control.................................. 22.23
Falconry Purposes.................................... 22.24
Take of Golden Eagle Nests........................... 22.25
Endangered Species Convention Permits (CITES)............ 23.15
------------------------------------------------------------------------
8. Section 13.21 is amended by revising paragraphs (a), (b),
(c)(1), (c)(2), (e)(2), and (g) as follows:
Sec. 13.21 Issuance of permits.
(a)(1) No permit may be issued prior to the receipt of a written
application unless a written variation from the requirements, as
authorized by Sec. 13.4, is inserted into the official file of the
Service. An oral or written representation of an employee or agent of
the United States Government or an action of such employee or agent
will not be construed as a permit unless it meets the requirements of a
permit as defined in 50 CFR 10.12.
(2) For the purpose of this part, a determination as to an
applicant's exercise of responsibility is to include consideration of
such factors as:
(i) Level of competence, ability, skill, knowledge, training, and/
or the suitability of facilities, particularly for live animals and
plants;
(ii) Prior wildlife or plant violations;
(iii) Failure to qualify or fulfill any criteria or conditions
applicable to the permit; or
(iv) Prior violations involving misrepresentation of material
facts; falsified documents; false labeling or invoicing; failure to
present documents, wildlife, or plants for examination or inspection;
or other circumstances involving concealing, evading, or circumventing
detection of wildlife or plant violations.
(b) Issuance criteria. Upon receipt of a properly executed
application for a permit, the Director or Regional Director will issue
the appropriate permit unless:
(1) The applicant has been assessed a civil penalty or convicted of
any criminal provision of any statute or regulation relating to the
activity for which the application is filed, if such assessment or
conviction evidences a lack of responsibility in accordance with
paragraph (a)(2) of this section.
(2) The applicant has failed to disclose material information
required or has made false statements as to any material fact in
connection with his/her application.
(3) The applicant has failed to demonstrate a valid justification
for the permit;
[[Page 46100]]
(4) The authorization requested potentially threatens a wildlife or
plant population;
(5) The Director or Regional Director finds through further inquiry
or investigation, or otherwise, that the applicant is not qualified;
(6) The applicant has failed to fulfill the applicable requirements
of this subchapter B;
(7) The applicant has failed to comply with the conditions of
previously held permits;
(8) The applicant has failed to exercise responsibility in
accordance with Sec. 13.21(a)(2); or
(9) The applicant has conducted the activity prior to the issuance
of the permit required by subchapter B.
(c) * * *
(1)(i) A conviction or entry of a plea of guilty or nolo contendere
for a criminal violation of the Lacey Act, the Migratory Bird Treaty
Act, the Bald and Golden Eagle Protection Act, Endangered Species Act,
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES), Airborne Hunting Act, Marine Mammal Protection Act,
Wild Bird Conservation Act, or African Elephant Conservation Act will
disqualify such person from receiving or exercising the privileges of a
permit for a period of 5 years from the date of most recent conviction
or entry of judgment, unless such disqualification has been expressly
waived by the Director or Regional Director in response to a written
petition.
(ii) The assessment of one or more civil penalties for violation(s)
of the Lacey Act, Bald and Golden Eagle Protection Act, Endangered
Species Act, CITES, Airborne Hunting Act, Marine Mammal Protection Act,
Wild Bird Conservation Act, or African Elephant Conservation Act will
disqualify such person from receiving or exercising the privileges of a
permit for a period of 5 years, from the date of most recent
assessment, where such assessment(s) evidences a lack of responsibility
in accordance with paragraph (a)(2) of this section, unless such
disqualification has been expressly waived by the Director or Regional
Director in response to a written petition.
(2) The revocation of a permit for reasons found in Sec. 13.28
(a)(1), (a)(2), or (a)(3) disqualifies any such person from receiving
or exercising the privileges of a similar permit for a period of 5
years from the date of the final agency decision on such revocation,
unless such disqualification has been expressly waived by the Director
or Regional Director in response to a written petition.
* * * * *
(e) * * *
(2) Any person accepting and holding a permit under this subchapter
B acknowledges the necessity for close regulation and monitoring of the
permitted activity by the Government. By accepting such permit, the
permittee consents to and will allow entry by agents or employees of
the Service, or authorized State official upon premises where the
permitted activity is conducted at any reasonable hour, as established
or evidenced by actual operation, or normal or expected hours of
operation for the type or similar type of business, trade, operation,
or activity. Service agents or employees may enter such premises to
inspect the location; and inspect, audit or copy any books, records, or
permits required to be kept by this subchapter B; and inspect any
wildlife or plants kept under authority of the permit.
(f) * * *
(g) Denial. The issuing/reviewing office may deny a permit to any
applicant who fails to meet the issuance criteria set forth in this
section or in the part(s) or section(s) specifically governing the
activity for which the permit is requested. The applicant will be
provided with a written explanation stating the basis for the denial
and of the right to request reconsideration. Except where otherwise
provided, a permit denial will be presumed to remain in effect for a
period of 1 year after the date of denial, unless granted the permit
during the review process.
9. Section 13.22 is amended by adding introductory text to the
section and by revising paragraphs (a), (c), and (d) to read as
follows:
Sec. 13.22 Renewal of permits.
Generally, a permit under this subchapter B may be renewed provided
the specified permit activity authorized thereunder has not been
completed.
(a) Application for renewal. Applicants to renewal of a permit must
submit a written application, complete in all regards, at least 30
calendar days prior to the expiration date of the current permit.
Applicants for renewal must certify in the form required by
Sec. 13.12(a)(5) that all statements and information in the original
application remain current and correct, unless previously changed or
corrected. If such information is no longer current or correct, the
applicant must provide corrected information. Except where otherwise
provided by written authorization, any renewal of application
information remaining unchanged for a period of more than 4 years may
be regarded as outdated, and the applicant required to provide a new
and complete application information upon request.
* * * * *
(c) Continuation of permitted activity. Any person holding a valid
and renewable permit, currently in force and not suspended or revoked,
who has complied with this section may continue the activities
authorized by the expired permit until the Service has acted on such
person's application for renewal. The terms of this provision do not
apply to permits or certificates issued under CITES in accordance with
part 23, which are void upon expiration.
(d) Denial. The issuing/reviewing office may deny renewal of a
permit to any applicant who fails to meet the issuance criteria set
forth in Sec. 13.21 of this part or in the part(s) or section(s)
specifically governing the activity for which the renewal is requested.
The applicant will be provided a written explanation of the basis for
the denial and of the right to request reconsideration. Upon receipt of
a denial the applicant will be required to cease all activities
authorized by the permit. Except where otherwise provided, a permit
denial will be presumed to remain in effect for a period of 1 year
after the date of denial, unless granted the permit during the review
process.
10. Section 13.23 is amended by revising paragraph (a), by revising
paragraph (c), and by adding paragraph (d) to read as follows:
Sec. 13.23 Amendment of permits.
(a) Permittee's request. Where circumstances have changed so that a
permittee desires to have any condition of his/her permit modified,
such permittee must submit a full written justification and supporting
information in conformance with this part and the part under which the
permit was issued.
* * * * *
(c) Change of name or address. A permittee is not required to
obtain a new permit if there is a change in the legal individual or
business name or in the mailing address of the permittee. A permittee
is required to notify the issuing office within 10 calendar days of any
such change. Where the issuing office is not so notified and reasonable
efforts to contact the permittee by certified and/or registered mail
have failed, the permit will be canceled. The canceled permit may be
reinstated if the permittee subsequently contacts the issuing office
within 90 calendar days. This provision does not authorize any
[[Page 46101]]
change in location of the conduct of the permit activity when approval
of the location is a qualifying condition of the permit.
(d) Denial. The issuing/reviewing office may deny amendments of a
permit to any applicant who fails to meet the issuance criteria set
forth in Sec. 13.21 of this part or in the part(s) or section(s)
specifically governing the activity for which the amendment is
requested. The applicant will be provided a written explanation of the
basis for the denial and of the right to request reconsideration.
Except where otherwise provided, a permit denial will be presumed to
remain in effect for a period of 1 year after the date of denial,
unless granted the permit during the review process.
11. Section 13.27 is amended by revising paragraph (a), by revising
paragraph (b)(2), and by revising paragraph (b)(3) and by adding
paragraph (b)(4) to read as follows:
Sec. 13.27 Permit suspension.
(a) Criteria for suspension. The following criteria will apply
except: pursuant to a court order; in cases of willfulness; or in cases
where the public health, interest, or safety requires otherwise. In
general the privileges of exercising some or all of the permit
authority may be suspended at any time if the permittee is not in
compliance with the conditions of the permit or with any applicable
laws or regulations governing the conduct of the permitted activity.
The issuing/reviewing office may also suspend all or part of the
privileges authorized by a permit if the permittee fails to pay any
fees, penalties, or costs owed to the Government.
(b) * * *
(2) Upon receipt of a notice of proposed suspension the permittee
may file a written objection to the proposed action. Such objection
must be in writing, must be postmarked within 45 calendar days of the
date of the notice of proposal, must state the reasons why the
permittee objects to the proposed suspension, and may include
supporting documentation and any new information.
(3) A decision on the proposed suspension will be made within 45
calendar days after receipt of the objection, or the end of the
objection period if the permittee does not respond within the objection
period, unless extended for good cause and the permittee is notified of
the extension. In the event of an adverse decision on the permittee's
written objection, the issuing/reviewing office will notify the
permittee in writing of the Service's decision and the reasons thereof
together with the information concerning the right to appeal the
decision under Sec. 13.29(e) of this part, and the procedures thereof.
(4) A permit suspended under paragraph (b)(3) of this section will
be subject to revocation in accordance with Sec. 13.28(c) when the
permittee fails to correct the deficiencies that were the cause of the
permit suspension within 45 calendar days of the following: (i)(A)
Receipt of the suspension action under paragraph (b) of this section;
or (B) the date of adverse decision under the appeal process set forth
in Sec. 13.29(e). (ii) Where the permittee has provided written
notification to clearly show the deficiencies that were the cause of
permit suspension have been corrected within the 45 days of this
subparagraph, a decision on the revocation will be made within 45
calendar days after receipt of the notice of correction.
12. Section 13.28 is amended by revising paragraph (a) and the
heading of paragraph (b); adding paragraph (b) introductory text
revising paragraphs (b)(2), (b)(3), and (b)(4); by adding paragraphs
(c) and (d) to read as follows:
Sec. 13.28 Permit revocation.
(a) Criteria for revocation. The following criteria will apply,
except: pursuant to a court order; or in cases of willfulness; or in
cases where the public health, interest, or safety require otherwise. A
permit may be revoked for any of the following reasons:
(1) The permittee has violated any Federal or State statute or
regulation, or any Indian tribal law or regulation, or any law or
regulation of any foreign country, that involves a violation of the
condition(s) of the permit or of the law(s) or regulation(s) governing
the permitted activity, that results in a felony conviction, or entry
of a plea of guilty or nolo contendere. The revocation will disqualify
any such person in accordance with Sec. 13.21(c)(2) from receiving or
exercising the privileges of a similar permit for a period of 5 years;
or
(2) The permittee has violated any Federal or State statute or
regulation, or any Indian tribal law or regulation, or any law or
regulation of any foreign country, that involves a violation of the
condition(s) of the permit or of the laws or regulations governing the
permitted activity resulting in a conviction, or entry of a plea of
guilty or nolo contendere for any misdemeanor violation, or the
assessment of a penalty for a civil violation if such assessment or
conviction evidences a lack of responsibility. The revocation will
disqualify any such person in accordance with Sec. 13.21(c)(2) from
receiving or exercising the privileges of a similar permit for a period
of 5 years; or
(3) The permittee fails to correct deficiencies that were the cause
of a permit suspension, within 45 calendar days of receipt of the
suspension action in accordance with Sec. 13.27(b) or, if appealed,
within 45 calendar days of the date of an adverse decision under the
appeal process set forth in Sec. 13.29(e). The revocation will
disqualify any such person, in accordance with Sec. 13.21(c)(2), from
receiving or exercising the privileges of a similar permit for a period
of 5 years; or
(4) The permittee becomes disqualified under Sec. 13.21(c) of this
part; or
(5) A change occurs in the statute or regulation authorizing the
permit that prohibits the continuation of a permit issued by the
Service; or
(6) The population(s) of the wildlife or plant that is the subject
of the permit declines to the extent that continuation of the permitted
activity would be detrimental to maintenance or recovery of the
affected population;
(7) The permittee failed to disclose material information required
or made false statements as to any material fact in connection with his
or her permit application or as to the conduct of activities under his
or her permit;
(8) The permittee has failed to exercise responsibility in
accordance with Sec. 13.21(a)(2);
(9) The Director or Regional Director finds through further inquiry
or investigation, or otherwise, that the applicant is not qualified; or
(10) The permittee has failed to fulfill the applicable
requirements of this subchapter B.
(b) General procedures for revocation. Except as provided in
paragraph (c) of this section, the following procedures will apply.
* * * * *
(2) Upon receipt of a notice of proposed revocation the permittee
may file a written objection to the proposed action. Such objection
must be in writing, must be postmarked within 45 calendar days of the
date of the notice of proposal, must state the reasons why the
permittee objects to the proposed revocation, and may include
supporting documentation and any new information.
(3) A decision on the proposed revocation will be made within 45
calendar days after receipt of the objection or the end of the
objection period if the permittee does not respond within the objection
period, unless
[[Page 46102]]
extended for good cause and the permittee is notified of the extension.
In the event of an adverse decision on the permittee's written
objection the issuing/reviewing office will notify the permittee in
writing of the Service's decision and the reasons therefor, together
with the information concerning the right to appeal the decision under
Sec. 13.29(e) of this part, and the procedures for appeal.
(4) Unless a permittee files a timely appeal as set forth in
Sec. 13.29(e), any wildlife or plants held under authority of a permit
that is revoked must be disposed of in accordance with instructions of
the issuing/reviewing office. If a permittee files a timely appeal of a
permit revocation, such permittee may retain possession of any wildlife
or plants held under authority of the permit until final disposition of
the appeal process.
(c) Special procedures for revocation. A suspension permit will be
subject to revocation when a permittee fails to correct deficiencies
that were the cause of the permit suspension, in accordance with
Sec. 13.28(a)(3) and the procedures of this section:
(1) When the issuing/reviewing office believes there are valid
grounds for the revocation of a permit suspended under the criteria of
Sec. 13.27(a) for reasons found in Sec. 13.28(a)(3), the permittee will
be notified in writing of the revocation by certified or registered
mail. This notice will identify: the permit that has been revoked; the
reason(s) for such revocation; the effective date of revocation; the
proposed disposition of the wildlife or plants, if any; and inform the
permittee that such revocation is without recourse to further
administrative procedures and of the permittee disqualification for 5
years in accordance with Sec. 13.21(c)(2). The issuing/reviewing office
may amend any notice of revocation at any time.
(2) Any wildlife or plants held under authority of a permit that
has been subjected to permit suspension in accordance with Sec. 13.27,
where the permittee has failed to correct deficiencies that were the
cause of the permit suspension in accordance with Sec. 13.28(a)(3) must
be disposed of in accordance with instructions of the issuing/reviewing
office.
(d) Time allocated for administrative procedures.
(1) Suspension (Sec. 13.27(b)).
(i) Written objection postmarked within 45 calendar days of the
date of proposed suspension (Sec. 13.27(b)(2)).
(ii) Service decision within 45 calendar days after receipt of the
objection or end of the objection period (Sec. 13.27(b)(3)).
(iii) Correct deficiencies within 45 calendar days of the date of
the suspension (Sec. 13.27(b)(4)).
(iv) Appeal of adverse decision postmarked within 45 calendar days
of the date of the notification (Sec. 13.27(b)(3)).
(v) Correct deficiencies within 45 calendar days of the date of the
denial of the appeal (Sec. 13.27(b)(4)).
(2) Revocation (Sec. 13.28(b)).
(i) Written objection postmarked within 45 calendar days of the
date of proposed revocation (Sec. 13.28(b)(2)).
(ii) Service decision within 45 calendar days after receipt of the
objection or end of the objection period (Sec. 13.28(b)(3)).
(iii) Appeal of adverse decision postmarked within 45 calendar days
of the date of the notification (Sec. 13.28(b)(3)).
(iv) The decision of the Director or the Regional Director will
constitute the final administrative decision of the Department of the
Interior (Sec. 13.29(f)(e)).
(3) Revocation of suspended permit (Sec. 13.28(c)).
(i) Occurs if permittee has failed to correct deficiencies that
resulted in suspension under Sec. 13.27(b)(3) within 45 calendar days
of either: the receipt of the suspension action in accordance with
Sec. 13.28(a)(3) or, if the suspension is appealed, the date of a final
adverse decision under the appeal process set forth in Sec. 13.29(e).
(ii) The permittee will be notified in writing of the permit
revocation by certified or registered mail. Revocation under 13.28(c)
is without recourse to further administrative procedures
(Sec. 13.28(c)(1)).
(4) Other review procedures. Denial under Sec. 13.29(a)(1), or
denial of renewal Sec. 13.29(a)(2), amendment Sec. 13.29(c) or required
amendment Sec. 13.29(a)(3), and partial denial of permit issued,
renewed, or amended Sec. 13.29(a)(4).
(i) Written reconsideration (include certification) postmarked
within 45 calendar days of notification of the decision
(Sec. 13.29(b)(2), Sec. 13.29(b)(4)).
(ii) Service decision within 45 calendar days after receipt of the
request for reconsideration (Sec. 13.29(d)).
(iii) Appeal of an adverse decision postmarked within 45 calendar
days of the date of notification (Sec. 13.29(e)).
(iv) The decision of the Director or the Regional Director will
constitute the final administrative decision of the Department of the
Interior (Sec. 13.29(f)(e)).
13. Section 13.29 is amended by revising (a) introductory text,
(a)(3), (a)(4), (b)(2), (b)(4), (d) and (e), by redesignating the
existing paragraphs (f) (1), (2) and (3) as (f) (2), (3), and (4), by
adding a new paragraph (f)(1) and by revising newly designated
paragraphs (f) (2), (3) and (4) to read as follows:
Sec. 13.29 Review procedures.
(a) Request for reconsideration. Except when the activity requested
is one for which there is no lawful authority to issue a permit and in
actions revoking a suspended permit in accordance with Sec. 13.28(a)(3)
for failure to correct the deficiencies that were the cause of permit
suspension, any person may request reconsideration of an action under
this part if that person is one of the following:
* * * * *
(3) A permittee who has a permit amended, except for those actions
that are required by changes in statutes or regulations or are
emergency changes of limited applicability for which an expiration date
is set within 90 calendar days of the permit change; or
(4) A permittee who has a permit issued, renewed, or amended, but
has not been granted authority by the permit to perform all activities
requested in the application.
(b) * * *
(2) The request for reconsideration must be postmarked within 45
calendar days of the date of notification of the decision for which
reconsideration is being requested.
* * * * *
(4) The request for reconsideration will contain a certification in
substantially the same form as that provided by Sec. 13.12(a)(5). If a
request for reconsideration does not contain such certification, but is
otherwise timely and appropriate, it will be held, and the person
submitting the request will be given written notice of the need to
submit the certification within 15 calendar days of the date of the
notice. Failure to submit certification will result in the request
being rejected as insufficient in form and content.
* * * * *
(d) Determination of grant or denial of a request for
reconsideration. The issuing/reviewing office will notify the applicant
or permittee of the Service's decision within 45 calendar days of the
receipt of the request for reconsideration or the certification, if
submitted separately, unless extended for good cause and the applicant
or permittee is notified of the extension. This notification will be in
writing, will state the reasons for the decision, and will contain a
description of the evidence that was relied upon by the issuing/
reviewing office. If the decision is adverse, the notification will
also provide information concerning the right to appeal, the official
to whom an
[[Page 46103]]
appeal may be addressed, and the procedures for making an appeal.
(e) Appeal. Except for actions revoking a suspended permit in
accordance with Sec. 13.27(a), Sec. 13.28(a)(3), and Sec. 13.28(c), a
person who has received an adverse decision following submission of
either a written objection to a suspension or revocation or a request
for reconsideration may submit a written appeal to the Regional
Director for the region in which the issuing/reviewing office is
located or to the Director, for offices that report directly to the
Director. An appeal when submitted must be postmarked within 45
calendar days of the date of the notification of the decision on the
objection to a suspension or revocation, or the request for
reconsideration. The appeal will state the reason(s) and issue(s) upon
which the appeal is based and may contain any additional evidence or
arguments to support the appeal.
(f) * * * (1) The Director or the Regional Director may designate
any staff member(s) to assist in analyzing the issues and may include
the recommendations of the issuing/reviewing office.
(2) Before a decision is made concerning the appeal, the appellant
may present oral arguments before the Director or the Regional
Director, as appropriate, if such official judges oral arguments are
necessary to clarify issues raised in the written record.
(3) The Service will notify the appellant in writing of its
decision within 45 calendar days of receipt of the appeal, unless
extended for good cause and the appellant is notified of the extension.
(4) The decision of the Director or the Regional Director will
constitute the final administrative decision of the Department of the
Interior.
14. Section 13.30 is added to subpart C to read as follows:
Sec. 13.30 Table of references.
(a) Exercise of Responsibility Determinations: Will be made for the reasons specified in Sec.
13.21(b)(1), Sec. 13.21(b)(3), Sec. 13.21(b)(8), Sec.
13.21(c)(1)(ii), or Sec. 13.28(a)(2).1
A determination as to whether an applicant or
permittee has exercised responsibility under the
considerations of Sec. 13.21(a)(2).
----------------------------------------------------------------------------------------------------------------
(b) The Effects of Disqualification: Will result in denial of a new permit [Sec. 13.21(g)],
renewal of a permit [Sec. 13.22(b)], and amendment of
a permit [Sec. 13.23(c)], or revocation of any
existing permit [Sec. 13.28(a)(4)].
A disqualification for reasons specified in Sec.
13.21(c).
----------------------------------------------------------------------------------------------------------------
(c) Procedures for Denial: May file a request for reconsideration under the
procedures specified in Sec. 13.29(b) and may then
file a timely appeal when appropriate under Sec.
13.29(e).
Permit under Sec. 13.21(g), Renewal under Sec.
13.22(d), Amendment under Sec. 13.23(c), or
Partial Denial under Sec. 13.29(a)(4). An
applicant for a permit who has received a written
notice of denial.
----------------------------------------------------------------------------------------------------------------
(d) Procedures for Permit Amendment(s) Initiated by the May file a request for reconsideration under the
Service: procedures specified in Sec. 13.29(b) and may then
file a timely appeal when appropriate under Sec.
13.29(e).
A permittee [see Sec. 13.29(a)(3)] who has a permit
amended under Sec. 13.23(b).
----------------------------------------------------------------------------------------------------------------
(e) Procedures for Suspension of a Permit: May file a written objection as specified in Sec.
13.27(b)(2) and may then file a timely appeal in
accordance with Sec. 13.27(b)(3) when appropriate
under Sec. 13.29(e).
A permittee who has a permit suspended in
accordance with Sec. 13.27.
----------------------------------------------------------------------------------------------------------------
(f) General Procedures for Revocation of a Permit: May file a written objection as specified in Sec.
13.28(b)(2) and may then file a timely appeal in
accordance with 13.28(b)(3) when appropriate under
Sec. 13.29(e).
A permittee who has received a proposed revocation
for reasons specified in Sec. 13.28(a)(1), Sec.
13.28(a)(2), Sec. 13.28(a)(4), Sec. 13.28(a)(5),
Sec. 13.28(a)(6), Sec. 13.28(a)(7), Sec.
13.28(a)(8), Sec. 13.28(a)(9), or Sec.
13.28(a)(10).
----------------------------------------------------------------------------------------------------------------
(g) Special Procedures for Revocation of a Suspended Will follow the revocation procedures specified in Sec.
Permit, Where Applicant Has Failed to Correct 13.28(c).
Deficiencies That Were the Cause of a Suspension:
A suspended permit revoked for reasons specified in
Sec. 13.28(a)(3).
----------------------------------------------------------------------------------------------------------------
(h) The Effects of a Prior Revocation on Subsequent Will result in disqualification for a permit under Sec.
Permits: 13.21(c)(2).
----------------------------------------------------------------------------------------------------------------
A prior revocation for reason specified in Sec.
13.28(a)(1), Sec. 13.28(a)(2), or Sec. 13.28(a)(3).
15. Section 13.41 is revised to read as follows:
Sec. 13.41 Humane conditions.
Any live wildlife or plants possessed, held, transported and/or
imported under a permit must be maintained under humane and healthful
conditions to include 9 CFR subchapter A, 50 CFR part 14, subpart J,
and other conditions of a permit that may apply.
16. Section 13.46 is revised to read as follows:
Sec. 13.46 Maintenance of records.
From the date of issuance of the permit, the permittee will
maintain complete and accurate records of any taking, possession,
transportation, sale, purchase, barter, exportation, or importation of
plants or wildlife pursuant to such permit. Such records will be kept
current and will include names and addresses of persons from or with
whom any plant or wildlife has been purchased, sold, bartered, or
otherwise transferred, and the date of such transaction; date of death
or escape; and such other information as
[[Page 46104]]
may be required or appropriate. Such records will be legibly written or
reproducible in English and will be maintained for 5 years from the
date of expiration of the permit.
17. Section 13.47 is revised to read as follows:
Sec. 13.47 Inspection requirement.
Any person holding a permit under this subchapter B will allow the
Director's or Regional Director's agent to enter his premises at any
reasonable hour, as established or evidenced by actual operation, or
normal or expected hours of operation for the type or similar type of
business, trade, operation, or activity, to inspect any wildlife or
plant held or to inspect, audit, or copy any permits, books, or records
required to be kept by regulations of this subchapter B.
18. The authority citation for Part 17 is revised to read as
follows:
Authority: 16 U.S.C. 1361-1407, 1531-1544, 4201-4245; Pub. L.
99-625, 100 Stat. 3500; unless otherwise noted.
Subpart C--Endangered Wildlife [Amended]
19. Section 17.22 is amended by revising paragraphs (a)(1)
introductory text and (b)(1) introductory text 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. Applications for
permits under this paragraph for native endangered species take and
interstate commerce must be submitted to the Regional Director, U.S.
Fish and Wildlife Service, Attention: Endangered/Threatened Species
Permits, for the Region where the applicant resides or where the take
is to occur (for appropriate address see 50 CFR 10.22), by the person
wishing to engage in the activity prohibited by Sec. 17.21 (c) and (e).
Applications for permits under this paragraph for prohibited activities
with foreign species and import, export, and foreign commerce with
native endangered species must be submitted to the Director, U.S. Fish
and Wildlife Service, Office of Management Authority, 4401 N. Fairfax
Drive, Room 420c, Arlington, Virginia 22203, by the person wishing to
engage in the activity prohibited by Sec. 17.21. Each application must
be submitted on an official application (Form 3-200) provided by the
Service and must include as an attachment, all of the following
information:
* * * * *
(b)(1) Application requirements for permits for incidental taking.
Applications for permits under this paragraph must be submitted to the
Regional Director, U.S. Fish and Wildlife Service, Attention:
Endangered/Threatened Species Permits, for the Region where the
activity is to take place (for appropriate address see 50 CFR 10.22),
by the person wishing to engage in the activity prohibited by
Sec. 17.21(c). Each application must be submitted on an official
application (Form 3-200) provided by the Service and must include as an
attachment all of the following information:
* * * * *
Subpart D--Threatened Wildlife [Amended]
20. Section 17.32 is amended 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 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. Applications for permits under
this paragraph for native threatened species take and interstate
commerce must be submitted to the Regional Director, U.S. Fish and
Wildlife Service, Attention: Endangered/Threatened Species Permits, for
the Region where the applicant resides or where the take is to occur
(for appropriate address see 50 CFR 10.22), by the person wishing to
engage in the prohibited activity. Applications for permits under this
paragraph for prohibited activities with foreign species and import,
export, and foreign commerce with native threatened species must be
submitted to the Director, U.S. Fish and Wildlife Service, Office of
Management and Authority, 4401 N. Fairfax Drive, Room 420c, Arlington,
Virginia 22203, by the person wishing to engage in the prohibited
activity. Each application must be submitted on an official application
(Form 3-200) provided by the Service and must include as an attachment,
as much of the following information that relates to the purpose for
which the applicant is requesting a permit:
* * * * *
(b)(1) Application requirements for permits for incidental taking.
(i) Applications for permits under this paragraph must be submitted to
the Regional Director, U.S. Fish and Wildlife Service, Attention:
Endangered/Threatened Species Permits, for the Region where the
activity is to take place (for appropriate address see 50 CFR 10.22),
by the person wishing to engage in the activity prohibited by
Sec. 17.31.
* * * * *
Subpart F--Endangered Plants [Amended]
21. Section 17.62 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 17.62 Permits for scientific purposes or for the enhancement of
propagation or survival.
* * * * *
(a) Application requirements. An application for a permit under
this section for native endangered species take and interstate commerce
must be submitted to the Regional Director, U.S. Fish and Wildlife
Service, Attention: Endangered/Threatened Species Permits, for the
Region where the applicant resides or where the take is to occur (for
appropriate address see 50 CFR 10.22), by the person wishing to engage
in the prohibited activity. Applications for permits under this
paragraph for prohibited activities with foreign species and import,
export, and foreign commerce with native endangered species must be
submitted to the Director, U.S. Fish and Wildlife Service, Office of
Management Authority, 4401 N. Fairfax Drive, Room 420c, Arlington,
Virginia 22203, by the person wishing to engage in the prohibited
activity. The permit for activities involving interstate commerce must
be obtained by the seller if the plants are derived from cultivated
stock, and by the buyer if the plants are taken from the wild. The
application must be submitted on an official application form (Form 3-
200) provided by the Service, or must contain the general information
and certification required by Sec. 13.12(a) of this subchapter.
Requirements differ for the issuance of a permit for activities dealing
with plants obtained from the wild (excluding seeds), seeds and
cultivated plants, or herbarium specimens. The applicant must provide
in an attachment the following required information and any other
information that is requested by the Director or Regional Director.
* * * * *
[[Page 46105]]
Subpart G--Threatened Plants [Amended]
22. Section 17.72 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 17.72 Permits--general.
* * * * *
(a) Application requirements. An application for a permit under
this section for native threatened species take and interstate commerce
must be submitted to the Regional Director, U.S. Fish and Wildlife
Service, Attention: Endangered/Threatened Species Permits, for the
Region where the applicant resides or where the take is to occur (for
appropriate address see 50 CFR 10.22), by the person wishing to engage
in the prohibited activity. Applications for permits under this
paragraph for prohibited activities with foreign species and import,
export, and foreign commerce with native threatened species must be
submitted to the Director, U.S. Fish and Wildlife Service, Office of
Management Authority, 4401 N. Fairfax Drive, Room 420c, Arlington,
Virginia 22203, by the person wishing to engage in the prohibited
activity. The permit for activities involving interstate commerce must
be obtained by the seller if the plants are derived from cultivated
stock, and by the buyer if the plants are taken from the wild. The
application must be submitted on an official application form (Form 3-
200) provided by the Service, or must contain the general information
and certification required by Sec. 13.12(a) of this subchapter.
Requirements differ for the issuance of a permit for activities dealing
with plants obtained from the wild (excluding seeds), seeds and
cultivated plants, or herbarium specimens. The applicant must provide
in an attachment the following required information and any other
information that is requested by the Director or Regional Director.
* * * * *
Date: November 9, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
Editorial Note: This document was received at the Office of the
Federal Register on August 29, 1995.
[FR Doc. 95-21862 Filed 9-1-95; 8:45 am]
BILLING CODE 4310-55-M
