50 CFR Part 13 — General Permit Procedures

PART 13—GENERAL PERMIT PROCEDURES Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. 9701. Source: 39 FR 1161, Jan. 4, 1974, unless otherwise noted. Subpart A—Introduction § 13.1 General. (a) A person must obtain a valid permit before commencing an activity for which a permit is required by this subchapter, except as provided in § 23.53 of this subchapter for retrospective permits for certain CITES shipments under very specific situations. (b) A person must apply for such a permit under the general permit procedures of this part and any other regulations in this subchapter that apply to the proposed activity. (1) The requirements of all applicable parts of this subchapter must be met. (2) A person may submit one application that includes the information required in each part of this subchapter, and a single permit will be issued if appropriate. [72 FR 48445, Aug. 23, 2007] § 13.2 Purpose of regulations. The regulations contained in this part provide uniform rules, conditions, and procedures for the application for and the issuance, denial, suspension, revocation, and general administration of all permits issued pursuant to this subchapter B. [54 FR 38147, Sept. 14, 1989] § 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 and Threatened Wildlife and Plants” (part 17), “Marine Mammals” (part 18), “Migratory Bird Permits” (part 21), “Eagle Permits” (part 22), and “ Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)” (part 23). As used in this part 13, the term “permit” will refer to a license, permit, certificate, letter of authorization, or other document as the context may require, and to all such documents issued by the Service or other authorized U.S. or foreign government agencies. [70 FR 18317, Apr. 11, 2005, as amended at 79 FR 30417, May 27, 2014] § 13.4 Emergency variation from requirements. The Director may approve variations from the requirements of this part when he finds that an emergency exists and that the proposed variations will not hinder effective administration of this subchapter B, and will not be unlawful. § 13.5 Information collection requirements. The Office of Management and Budget (OMB) has approved the information collection requirements contained in part 13 and assigned OMB Control Numbers 1018-0022, 1018-0070, 1018-0092, 1018-0093, or 1018-0167 (unless otherwise indicated). Federal agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Direct comments regarding the burden estimates or any other aspect of the information collection to the Service's Information Collection Clearance Officer at the address provided at 50 CFR 2.1(b). [89 FR 9956, Feb. 12, 2024] Subpart B—Application for Permits § 13.11 Application procedures. The Service may not issue a permit for any activity authorized by this subchapter B unless you have filed an application under the following procedures: (a) Forms. (b) Forwarding instructions. (1) You may obtain applications for migratory bird banding permits (50 CFR 21.70) by writing to: Bird Banding Laboratory, USGS Patuxent Wildlife Research Center, 12100 Beech Forest Road, Laurel, Maryland 20708-4037. Submit completed permit applications to the same address. (2) You may obtain applications for designated port exception permits and import/export licenses (50 CFR 14) by writing to the Special Agent in Charge (SAC) of the Region in which you reside (see 50 CFR 2.2 or the Service Web site, http://www.fws.gov, (3) You may obtain applications for Wild Bird Conservation Act permits (50 CFR part 15); injurious wildlife permits (50 CFR part 16); captive-bred wildlife registrations (50 CFR part 17); permits authorizing import, export, or foreign commerce of endangered and threatened species, and interstate commerce of nonnative endangered or threatened species (50 CFR part 17); marine mammal permits (50 CFR part 18); and permits and certificates for import, export, and re-export of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (50 CFR part 23) from the Service's permits Web page at http://www.fws.gov/permits/ (4) You may obtain Endangered Species Act permit applications (50 CFR 17) for activities involving native endangered and threatened species, including incidental take, scientific purposes, enhancement of propagation or survival ( i.e. http://www.fws.gov, http://endangered.fws.gov/wildlife.html (5) You may obtain applications for bald and golden eagle permits (50 CFR part 22) and migratory bird permits (50 CFR part 21), except for banding and marking permits, from, and you may submit completed applications to, the “Migratory Bird Permit Program Office” in the Region in which you reside. For addresses of the regional offices, see 50 CFR 2.2, or go to: http://www.fws.gov/migratorybirds/mbpermits/Addresses.html. (c) Time notice. Federal Register (d) Fees. (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 take caused by the activity in accordance with § 13.1. You may submit a single application in these cases, provided that the single application contains all the information required by the separate applications for each activity. Where more than one activity is consolidated into one permit, the issuing office will charge the highest single fee for the activity for which take is permitted. Administration fees are not waived. (3) Circumstances under which we will not charge a permit application fee are as follows: (i) We will not charge a permit application fee to any Federal, Tribal, State, or local government agency or to any individual or institution acting on behalf of that agency, except administration fees for permits issued under subpart E of part 22 of this subchapter will not be waived. If you fail to submit evidence of agency status with your application, we will require the submission of all processing fees prior to the acceptance of the application for processing, unless otherwise authorized or waived. (ii) As noted in paragraph (d)(4) of this section. (iii) We may waive the fee on a case-by-case basis for extraordinary extenuating circumstances provided that the issuing permit office and a Regional or Assistant Director approves the waiver. (4) User fees. Type of CFR citation Permit 1 Administration fee 1 Amendment fee Migratory Bird Treaty Act Migratory Bird Import/Export 50 CFR part 21 75 Migratory Bird Banding or Marking 50 CFR part 21 No fee Migratory Bird Scientific Collecting 50 CFR part 21 100 50 Migratory Bird Taxidermy 50 CFR part 21 100 Waterfowl Sale and Disposal 50 CFR part 21 75 Special Canada Goose 50 CFR part 21 No fee Migratory Bird Special Purpose/Education 50 CFR part 21 75 Migratory Bird Special Purpose/Salvage 50 CFR part 21 75 Migratory Bird Special Purpose/Game Bird Propagation 50 CFR part 21 75 Migratory Bird Special Purpose/Miscellaneous 50 CFR part 21 100 Raptor Propagation 50 CFR part 21 100 Migratory Bird Rehabilitation 50 CFR part 21 50 Migratory Bird Depredation 50 CFR part 21 100 50 Migratory Bird Depredation/Homeowner 50 CFR part 21 50 Bald and Golden Eagle Protection Act Eagle Scientific Collecting 50 CFR part 22 100 Eagle Exhibition 50 CFR part 22 75 Eagle—Native American Religious Purposes 50 CFR part 22 No fee Eagle Depredation Permit 50 CFR part 22 100 Golden Eagle Nest Take 50 CFR part 22 100 50 Eagle Transport—Scientific or Exhibition 50 CFR part 22 75 Eagle Transport—Native American Religious Purposes 50 CFR part 22 No fee General Eagle Permit—Disturbance Take 50 CFR part 22 100 Specific Eagle Permit—Disturbance Take 50 CFR part 22 Commercial—2,500; Commercial—500; General Eagle Permit—Nest Take 50 CFR part 22 100 Specific Eagle Permit—Nest Take (Single nest) 50 CFR part 22 Commercial—2,500; Noncommercial—500 Commercial—500; Noncommercial—150 Specific Eagle Permit Eagle—Nest Take (Multiple nests) 50 CFR part 22 5,000 500 General Eagle Permit—Incidental Take (Power lines) 50 CFR part 22 1,000 Non-Investor Owned—2,500; Investor Owned—10,000 General Eagle Permit—Incidental Take (Wind energy) 50 CFR part 22 1,000 Distributed and Community Scale—2,500; Utility Scale—10,000 Specific Eagle Permit—Incidental Take 50 CFR part 22 Tier 1—18,000; Tier 2—26,000 10,000 500 Eagle Take—Exempted under ESA 50 CFR part 22 No fee Transfer of a Subpart E Eagle Permit 50 CFR part 22 1,000 Endangered Species Act/CITES/Lacey Act ESA Recovery 50 CFR part 17 100 50 ESA Interstate Commerce 50 CFR part 17 100 50 ESA Enhancement of Survival (Safe Harbor Agreement) 50 CFR part 17 50 25 ESA Enhancement of Survival (Candidate Conservation Agreement with Assurances) 50 CFR part 17 50 25 ESA Incidental Take (Habitat Conservation Plan) 50 CFR part 17 100 50 ESA and CITES Import/Export and Foreign Commerce 50 CFR part 17 100 50 ESA and CITES Museum Exchange 50 CFR part 17 100 50 ESA Captive-bred Wildlife Registration 50 CFR part 17 200 100 —Renewal of Captive-bred Wildlife Registration 50 CFR part 17 100 CITES Import (including trophies under ESA and MMPA) 50 CFR parts 17, 18, 23 100 50 CITES Export 50 CFR part 23 100 50 CITES Pre-Convention 50 CFR part 23 75 40 CITES Certificate of Origin 50 CFR part 23 75 40 CITES Re-export 50 CFR part 23 75 40 CITES Personal Effects and Pet Export/Re-export 50 CFR part 23 50 CITES Appendix II Export (native furbearers and alligators—excluding live animals) 50 CFR part 23 100 50 CITES Master File (includes files for artificial propagation, biomedical, etc., and covers import, export, and re-export documents) 50 CFR part 23 200 100 —Renewal of CITES Master File 50 CFR part 23 100 —Single-use permits issued on Master File 50 CFR part 23 5 2 CITES Annual Program File 50 CFR part 23 50 —Single-use permits issued under Annual Program 50 CFR part 23 5 2 CITES replacement documents (lost, stolen, or damaged documents) 50 CFR part 23 50 50 CITES Passport for Traveling Exhibitions and Pets 50 CFR part 23 75 3 CITES/ESA Passport for Traveling Exhibitions 50 CFR part 23 100 3 CITES Introduction from the Sea 50 CFR part 23 100 50 CITES Participation in the Plant Rescue Center Program 50 CFR part 23 No fee CITES Registration of Commercial Breeding Operations for Appendix-I Wildlife 50 CFR part 23 100 CITES Request for Approval of an Export Program for a State or Tribe (American Ginseng, Certain Furbearers, and American Alligator) 50 CFR part 23 No fee Import/Export License 50 CFR part 14 100 50 Designated Port Exception 50 CFR part 14 100 50 Injurious Wildlife Permit 50 CFR part 16 100 50 —Transport Authorization for Injurious Wildlife 50 CFR part 16 25 Wild Bird Conservation Act (WBCA) Personal Pet Import 50 CFR part 15 50 WBCA Scientific Research, Zoological Breeding or Display, Cooperative Breeding 50 CFR part 15 100 50 WBCA Approval of Cooperative Breeding Program 50 CFR part 15 200 100 —Renewal of a WBCA Cooperative Breeding Program 50 CFR part 15 50 WBCA Approval of a Foreign Breeding Facility 50 CFR part 15 250 4 Marine Mammal Protection Act Marine Mammal Public Display 50 CFR part 18 300 150 Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery 50 CFR part 18 150 75 —Renewal of Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery 50 CFR part 18 75 1 2 3 4 (5) We will charge a fee for substantive amendments made to permits within the time period that the permit is still valid. The fee is generally half the original fee assessed at the time that the permit is processed; see paragraph (d)(4) of this section for the exact amount. Substantive amendments are those that pertain to the purpose and conditions of the permit and are not purely administrative. Administrative changes, such as updating name and address information, are required under 13.23(c), and we will not charge a fee for such amendments. (6) Except as specifically noted in paragraph (d)(4) of this section, a permit renewal is an issuance of a new permit, and applicants for permit renewal must pay the appropriate fee listed in paragraph (d)(4) of this section. (e) Abandoned or incomplete applications. [70 FR 18317, Apr. 11, 2005, as amended at 72 FR 48445, Aug. 23, 2007; 73 FR 29083, May 20, 2008; 73 FR 42281, July 21, 2008; 74 FR 46875, Sept. 11, 2009; 78 FR 35152, June 12, 2013; 78 FR 73723, Dec. 9, 2013; 79 FR 30417, May 27, 2014; 79 FR 43964, July 29, 2014; 81 FR 8002, Feb. 17, 2016; 82 FR 41177, Aug. 30, 2017; 87 FR 880, Jan. 7, 2022; 89 FR 9956, Feb. 12, 2024; 89 FR 83630, Oct. 17, 2024] § 13.12 General information requirements on applications for permits. (a) General information required for all applications. (1) Applicant's full name and address (street address, city, county, state, and zip code; and mailing address if different from street address); home and work telephone numbers; and, if available, a fax number and e-mail address, and: (i) If the applicant resides or is located outside the United States, an address in the United States, and, if conducting commercial activities, the name and address of his or her agent that is located in the United States; and (ii) If the applicant is an individual, the date of birth, occupation, and any business, agency, organizational, or institutional affiliation associated with the wildlife or plants to be covered by the license or permit; or (iii) If the applicant is a business, corporation, public agency, or institution, the tax identification number; description of the type of business, corporation, agency, or institution; and the name and title of the person responsible for the permit (such as president, principal officer, or director); (2) Location where the requested permitted activity is to occur or be conducted; (3) Reference to the part(s) and section(s) of this subchapter B as listed in paragraph (b) of this section under which the application is made for a permit or permits, together with any additional justification, including supporting documentation as required by the referenced part(s) and section(s); (4) If the requested permitted activity involves the import or re-export 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 § 14.52(c) of this subchapter B; (5) Certification in the following language: I hereby certify that I have read and am familiar with the regulations contained in title 50, part 13, of the Code of Federal Regulations and the other applicable parts in subchapter B of chapter I of title 50, Code of Federal Regulations, and I further certify that the information submitted in this application for a permit is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to suspension or revocation of this permit and to the criminal penalties of 18 U.S.C. 1001. (6) Desired effective date of permit except where issuance date is fixed by the part under which the permit is issued; (7) Date; (8) Signature of the applicant; and (9) Such other information as the Director determines relevant to the processing of the application, including, but not limited to, information on the environmental effects of the activity consistent with 40 CFR 1506.5 and Departmental procedures at 516 DM 6, Appendix 1.3A. (b) Additional information required on permit applications. Table 1 to Paragraph (b) Type of permit Section Importation at nondesignated ports: Scientific 14.31 Deterioration prevention 14.32 Economic hardship 14.33 Marking of package or container: Symbol marking 14.83 Import/export license 14.93 Feather import quota: Importation or entry 15.21 Injurious wildlife: Importation or shipment 16.22 Endangered wildlife and plant permits: Similarity of appearance 17.52 Scientific, enhancement of propagation or survival, incidental taking for wildlife 17.22 Scientific, propagation, or survival for plants 17.62 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 Migratory bird permits: Taxidermist 21.63 Import and export 21.67 Banding or marking 21.70 Scientific collecting 21.73 Rehabilitation 21.76 Falconry 21.82 Raptor propagation permit 21.85 Waterfowl sale and disposal 21.88 Special purpose 21.95 Depredation 21.100 Special Canada goose 21.120 Special double-crested cormorant 21.123 Eagle permits: Scientific or exhibition 22.50. Indian religious use 22.60. Falconry purposes 22.70. Depredation and protection of health and safety 22.100. Permits for incidental take of eagles 22.200 or 22.210. Permits for incidental take of eagles by power lines 22.200 or 22.210. Permits for disturbance take of eagles 22.200 or 22.210. Permits for nest take of eagle 22.200 or 22.210. Permits for golden eagle nest take for resource recovery operations 22.325. Permits for bald eagle take exempted under the Endangered Species Act 22.400. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 10465, Feb. 22, 1977; 42 FR 32377, June 24, 1977; 44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct. 12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154, Nov. 25, 1980; 46 FR 42680, Aug. 24, 1981; 48 FR 31607, July 8, 1983; 48 FR 57300, Dec. 29, 1983; 50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. 31, 1985; 54 FR 38147, Sept. 14, 1989; 70 FR 18319, Apr. 11, 2005; 72 FR 48446, Aug. 23, 2007; 73 FR 29083, May 20, 2008; 74 FR 46876, Sept. 11, 2009; 79 FR 30417, May 27, 2014; 87 FR 880, Jan. 7, 2022; 89 FR 9957, Feb. 12, 2024] Subpart C—Permit Administration § 13.21 Issuance of permits. (a) No permit may be issued prior to the receipt of a written application therefor, unless a written variation from the requirements, as authorized by § 13.4, is inserted into the official file of the Bureau. An oral or written representation of an employee or agent of the United States Government, or an action of such employee or agent, shall not be construed as a permit unless it meets the requirements of a permit as defined in 50 CFR 10.12. (b) Upon receipt of a properly executed application for a permit, the Director shall 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. (2) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his application; (3) The applicant has failed to demonstrate a valid justification for the permit and a showing of responsibility; (4) The authorization requested potentially threatens a wildlife or plant population, or (5) The Director finds through further inquiry or investigation, or otherwise, that the applicant is not qualified. (c) Disqualifying factors. (1) 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 disqualifies any such person from receiving or exercising the privileges of a permit, unless such disqualification has been expressly waived by the Director in response to a written petition. (2) The revocation of a permit for reasons found in § 13.28 (a)(1) or (a)(2) disqualifies any such person from receiving or exercising the privileges of a similar permit for a period of five years from the date of the final agency decision on such revocation. (3) The failure to pay any required fees or assessed costs and penalties, whether or not reduced to judgement disqualifies such person from receiving or exercising the privileges of a permit as long as such moneys are owed to the United States. This requirement shall not apply to any civil penalty presently subject to administrative or judicial appeal; provided that the pendency of a collection action brought by the United States or its assignees shall not constitute an appeal within the meaning of this subsection. (4) The failure to submit timely, accurate, or valid reports as required may disqualify such person from receiving or exercising the privileges of a permit as long as the deficiency exists. (d) Use of supplemental information. (e) Conditions of issuance and acceptance Conditions of issuance and acceptance. (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 shall allow entry by agents or employees of the Service upon premises where the permitted activity is conducted at any reasonable hour. Service agents or employees may enter such premises to inspect the location; any books, records, or permits required to be kept by this subchapter B; and any wildlife or plants kept under authority of the permit. (f) Term of permit. (g) Denial. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 47 FR 30785, July 15, 1982; 54 FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. 11, 2005] § 13.22 Renewal of permits. (a) Application for renewal. (b) Renewal criteria. (c) Continuation of permitted activity. (1) The permit is currently in force and not suspended or revoked; (2) The person has complied with this section; and (3) The permit is not a CITES document that was issued under part 23 of this subchapter (because the CITES document is void upon expiration). (d) Denial. [54 FR 38148, Sept. 14, 1989, as amended at 72 FR 48446, Aug. 23, 2007] § 13.23 Amendments of permits. (a) Permittee's request. (b) Service amendment. (c) Change of name or address. [54 FR 38148, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999; 89 FR 26093, Apr. 12, 2024] § 13.24 Rights of succession by certain persons. (a) Certain persons other than the permittee are authorized to carry on a permitted activity for the remainder of the term of a current permit, provided they comply with the provisions of paragraph (b) of this section. Such persons are the following: (1) The surviving spouse, child, executor, administrator, or other legal representative of a deceased permittee; or (2) A receiver or trustee in bankruptcy or a court designated assignee for the benefit of creditors. (b) In order to qualify for the authorization provided in this section, the person or persons desiring to continue the activity shall furnish the permit to the issuing officer for endorsement within 90 days from the date the successor begins to carry on the activity. (c) In the case of permits issued under the regulations in this subchapter in § 17.22(b) and (c), § 17.32(b) and (c), or 50 CFR part 22, the successor's authorization under the permit is also subject to our determination that: (1) The successor meets all of the qualifications under this part for holding a permit; (2) The successor has provided adequate written assurances that it will provide sufficient funding for any applicable conservation measures, conservation plan, or Agreement and will implement the relevant terms and conditions of the permit, including any outstanding minimization and mitigation requirements; and (3) The successor has provided such other information as we determine is relevant to the processing of the request. [64 FR 32711, June 17, 1999, as amended at 78 FR 73725, Dec. 9, 2013; 87 FR 880, Jan. 5, 2022; 89 FR 9957, Feb. 12, 2024; 89 FR 26093, Apr. 12, 2024] § 13.25 Transfer of permits and scope of permit authorization. (a) Except as otherwise provided for in this section, permits issued under this part are not transferable or assignable. (b) Permits issued under the regulations in this subchapter in § 17.22(b) and (c), § 17.32(b) and (c), or 50 CFR part 22 may be transferred to a successor subject to our determination that the proposed transferee: (1) Meets all of the qualifications under this part for holding a permit; (2) Has provided adequate written assurances of sufficient funding for the conservation measures, conservation plan, or conservation benefit agreement, and will implement the relevant terms and conditions of the permit, including any outstanding minimization and mitigation requirements; and (3) Has provided other information that we determine is relevant to the processing of the submission. (c) In the case of the transfer of property subject to an agreement and permit issued under § 17.22(c) or § 17.32(c) of this subchapter, the Service will transfer the permit to the new owner if the new owner agrees in writing to become a party to the original agreement and permit. (d) Except as otherwise stated on the face of the permit, any person who is under the direct control of the permittee, or who is employed by or under contract to the permittee for purposes authorized by the permit, may carry out the activity authorized by the permit. (e) In the case of permits issued under § 17.22(b) and (c) or § 17.32(b) and (c) of this subchapter to a State, Tribal, or local government entity, a person is under the direct control of the permittee where: (1) The person is under the jurisdiction of the permittee and the permit provides that such person(s) may carry out the authorized activity; or (2) The person has been issued a permit by the governmental entity or has executed a written instrument with the governmental entity, pursuant to the terms of the implementing agreement. (f) In the case of permits issued under part 22, subpart E, of this subchapter to a Federal, State, tribal, or local governmental entity, a person is under the direct control of the permittee if the person is under the jurisdiction of the permittee, provided the permittee has the regulatory authority to require the person to comply with the terms and conditions of the permit and the permit provides that such person(s) may carry out the authorized activity. [64 FR 32711, June 17, 1999, as amended at 64 FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, 2004; 78 FR 73725, Dec. 9, 2013; 87 FR 880, Jan. 7, 2022; 89 FR 9957, Feb. 12, 2024; 89 FR 26093, Apr. 12, 2024] § 13.26 Discontinuance of permit activity. When a permittee, or any successor to a permittee as provided for by § 13.24, discontinues activities authorized by a permit, the permittee shall within 30 calendar days of the discontinuance return the permit to the issuing office together with a written statement surrendering the permit for cancellation. The permit shall be deemed void and cancelled upon its receipt by the issuing office. No refund of any fees paid for issuance of the permit or for any other fees or costs associated with a permitted activity shall be made when a permit is surrendered for cancellation for any reason prior to the expiration date stated on the face of the permit. [54 FR 38149, Sept. 14, 1989] § 13.27 Permit suspension. (a) Criteria for suspension. (b) Procedure for suspension. (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 filed 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. (3) A decision on the suspension shall be made within 45 days after the end of the objection period. The issuing officer shall notify the permittee in writing of the Service's decision and the reasons therefore. The issuing officer shall also provide the applicant with the information concerning the right to request reconsideration of the decision under § 13.29 of this part and the procedures for requesting reconsideration. [54 FR 38149, Sept. 14, 1989] § 13.28 Permit revocation. (a) Criteria for revocation. (1) 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, which involves a violation of the conditions of the permit or of the laws or regulations governing the permitted activity; or (2) The permittee fails within 60 days to correct deficiencies that were the cause of a permit suspension; or (3) The permittee becomes disqualified under § 13.21(c) of this part; or (4) A change occurs in the statute or regulation authorizing the permit that prohibits the continuation of a permit issued by the Service; or (5) Except for permits issued under § 17.22(b) and (c) or § 17.32(b) and (c) of this subchapter, 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. (b) Procedure for revocation. (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 filed 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. (3) A decision on the revocation shall be made within 45 days after the end of the objection period. The issuing officer shall notify the permittee in writing of the Service's decision and the reasons therefore, together with the information concerning the right to request and the procedures for requesting reconsideration. (4) Unless a permittee files a timely request for reconsideration, any wildlife held under authority of a permit that is revoked must be disposed of in accordance with instructions of the issuing officer. If a permittee files a timely request for reconsideration of a proposed revocation, such permittee may retain possession of any wildlife held under authority of the permit until final disposition of the appeal process. [54 FR 38149, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999; 89 FR 26094, Apr. 12, 2024] § 13.29 Review procedures. (a) Request for reconsideration. (1) An applicant for a permit who has received written notice of denial; (2) An applicant for renewal who has received written notice that a renewal is denied; (3) A permittee who has a permit amended, suspended, or revoked, except for those actions which are required by changes in statutes or regulations, or are emergency changes of limited applicability for which an expiration date is set within 90 days of the permit change; or (4) A permittee who has a permit issued or renewed but has not been granted authority by the permit to perform all activities requested in the application, except when the activity requested is one for which there is no lawful authority to issue a permit. (b) Method of requesting reconsideration. (1) Any request for reconsideration must be in writing, signed by the person requesting reconsideration or by the legal representative of that person, and must be submitted to the issuing officer. (2) The request for reconsideration must be received by the issuing officer within 45 calendar days of the date of notification of the decision for which reconsideration is being requested. (3) The request for reconsideration shall state the decision for which reconsideration is being requested and shall state the reason(s) for the reconsideration, including presenting any new information or facts pertinent to the issue(s) raised by the request for reconsideration. (4) The request for reconsideration shall contain a certification in substantially the same form as that provided by § 13.12(a)(5). If a request for reconsideration does not contain such certification, but is otherwise timely and appropriate, it shall be held and the person submitting the request shall be given written notice of the need to submit the certification within 15 calendar days. Failure to submit certification shall result in the request being rejected as insufficient in form and content. (c) Inquiry by the Service. (d) Determination of grant or denial of a request for reconsideration. (e) Appeal. (f) Decision on appeal. (2) The Service shall 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 notified of the extension. (3) The decision of the Regional Director or the Director shall constitute the final administrative decision of the Department of the Interior. [54 FR 38149, Sept. 14, 1989] Subpart D—Conditions § 13.41 Humane conditions. Any live wildlife possessed under a permit must be maintained under humane and healthful conditions. [54 FR 38150, Sept. 14, 1989] § 13.42 Permits are specific. The authorizations on the face of a permit that set forth specific times, dates, places, methods of taking or carrying out the permitted activities, numbers and kinds of wildlife or plants, location of activity, and associated activities that must be carried out; describe certain circumscribed transactions; or otherwise allow a specifically limited matter, are to be strictly interpreted and will not be interpreted to permit similar or related matters outside the scope of strict construction. [70 FR 18320, Apr. 11, 2005] § 13.43 Alteration of permits. Permits shall not be altered, erased, or mutilated, and any permit which has been altered, erased, or mutilated shall immediately become invalid. Unless specifically permitted on the face thereof, no permit shall be copied, nor shall any copy of a permit issued pursuant to this subchapter B be displayed, offered for inspection, or otherwise used for any official purpose for which the permit was issued. § 13.44 Display of permit. Any permit issued under this part shall be displayed for inspection upon request to the Director or his agent, or to any other person relying upon its existence. § 13.45 Filing of reports. Permittees may be required to file reports of the activities conducted under the permit. Any such reports shall be filed not later than March 31 for the preceding calendar year ending December 31, or any portion thereof, during which a permit was in force, unless the regulations of this subchapter B or the provisions of the permit set forth other reporting requirements. § 13.46 Maintenance of records. From the date of issuance of the permit, the permittee shall maintain complete and accurate records of any taking, possession, transportation, sale, purchase, barter, exportation, or importation of plants obtained from the wild (excluding seeds) or wildlife pursuant to such permit. Such records shall be kept current and shall include names and addresses of persons with whom any plant obtained from the wild (excluding seeds) or wildlife has been purchased, sold, bartered, or otherwise transferred, and the date of such transaction, and such other information as may be required or appropriate. Such records shall be legibly written or reproducible in English and shall be maintained for five years from the date of expiration of the permit. Permittees who reside or are located in the United States and permittees conducting commercial activities in the United States who reside or are located outside the United States must maintain records at a location in the United States where the records are available for inspection. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 54 FR 38150, Sept. 14, 1989; 72 FR 48446, Aug. 23, 2007] § 13.47 Inspection requirement. Any person holding a permit under this subchapter B shall allow the Director's agent to enter his premises at any reasonable hour 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. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977] § 13.48 Compliance with conditions of permit. Any person holding a permit under subchapter B and any person acting under authority of such permit must comply with all conditions of the permit and with all appllicable laws and regulations governing the permitted activity. [54 FR 38150, Sept. 14, 1989] § 13.49 Surrender of permit. Any person holding a permit under subchapter B shall surrender such permit to the issuing officer upon notification that the permit has been suspended or revoked by the Service, and all appeal procedures have been exhausted. [54 FR 38150, Sept. 14, 1989] § 13.50 Acceptance of liability. Except as otherwise limited in the case of permits described in § 13.25(d), any person holding a permit under this subchapter B assumes all liability and responsibility for the conduct of any activity conducted under the authority of such permit. [64 FR 32711, June 17, 1999]

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