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Updated 3/2/2010
NAFA
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50 CFR 13
GENERAL PERMIT PROCEDURES
Dated: October, 1993
SUBPART A -- INTRODUCTION
13.1 General.
13.2 Purpose of regulations.
13.3 Scope of regulations.
13.4 Emergency variation from
requirements.
13.5 Information collection
requirements.
SUBPART B -- APPLICATION FOR PERMITS
13.11 Application procedures.
13.12 General information
requirements on applications for permits.
SUBPART C -- PERMIT ADMINISTRATION
13.21 Issuance of permits.
13.22 Renewal of permits.
13.23 Amendment of permits.
13.24 Right of succession by
certain persons.
13.25 Permits not transferable;
agents.
13.26 Discontinuance of permit
activity.
13.27 Permit suspension.
13.28 Permit revocation.
13.29 Review procedures.
SUBPART D -- CONDITIONS
13.41 Humane conditions.
13.42 Permits are specific.
13.43 Alteration of permits.
13.44 Display of permit.
13.45 Filing of reports.
13.46 Maintenance of records.
13.47 Inspection requirement.
13.48 Compliance with conditions
of permit.
13.49 Surrender of permit.
13.50 Acceptance of liability.
AUTHORITY: 16 U.S.C. 668a; 16 U.S.C. 704, 712; 16 U.S.C. 742j-l; 16 U.S.C.
1382; 16 U.S.C. 1538(d); 16 U.S.C. 1539, 1540(f); 16 U.S.C. 3374; 18 U.S.C. 42;
19 U.S.C.1202; E.O. 11 911,41 FR 15683; 31 U.S.C. 9701.
SUBPART A--INTRODUCTION
13.1 General.
Each person intending to engage in an activity for which a permit is
required by this subchapter B shall, 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 which set forth the
additional requirements for the specific permits desired. If the activity
for which permission is sought is covered by the requirements of more than
one part of this subchapter, the requirements of each part must be met. If
the information required for each specific permitted activity is included,
one application will be accepted for all permits required, and a single
permit will be issued. SOURCE: 39 FR 1161, Jan. 4, 1974.
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. SOURCE: [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 "Import and Marking" (part 14), "Feather
Imports" (part 15), "Injurious Wildlife" (part 16), "Endangered Wildlife
and Plants" (part 17), "Marine Mammals" (part 18), "Migratory Birds" (part
21), "Eagles" (part 22) and "Endangered Species
Convention" (part 23). As used in this part 13, the term "permit" shall
refer to either a license, permit, or certificate as the context may
require. SOURCE: [42 FR 10465, Feb. 22, 1977, as amended at 42 FR 32377,
June 24. 1977; 45 FR 56673, Aug. 25, 19801
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. SOURCE: 39 FR 1161, Jan. 4, 1974.
13.5 Information collection requirements.
(a) The information collection requirements contained within this Part
13 have been approved by the Office of Management and Budget under 44
U.S.C. 3507 and assigned Clearance Number 1018-0022. This information is
being collected to provide information necessary to evaluate permit
applications. This information will be used to review permit applications
and make decisions, according to criteria established in various Federal
wildlife conservation statutes and regulations, on the issuance,
suspension, revocation or denial of permits. The obligation to respond is
required to obtain or retain a permit.
(b) The public reporting burden for these reporting requirements is
estimated to vary from 15 minutes to 4 hours per response, with an average
of 0.803 hours per response, including time for reviewing instructions,
gathering and maintaining data, and completing and reviewing the forms.
Comments regarding the burden estimate or any other aspect of these
reporting requirements should be directed to the Service Information
Collection Clearance Officer, MS-224 ARLSQ, Fish and Wildlife Service,
Washington, DC 20240, or the Office of Management and Budget, Paperwork
Reduction Project (1018-0022), Washington, DC 20503. SOURCE: [47 FR 30785,
July 15, 1982, as amended at 54 FR 38147, Sept. 14, 1989]
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 the applicant has filed an application in accordance
with the following procedures. Applicants do not have to submit a separate
application for each permit unless otherwise required by this subchapter.
(a) Forms. Applications must be submitted in writing on a Federal
Fish and Wildlife License/Permit Application (Form 3-200) or as
otherwise specifically directed by the Service.
(b) Forwarding instructions. Applications for permits in the
following categories should be forwarded to the issuing office
indicated below.
(1) Migratory bird banding permits (50
CFR 21.22)--Bird Banding Laboratory,
Office of Migratory Bird Management, U.S. Fish and Wildlife
Service, Laurel, Maryland 20708. (Special application forms must
be used for bird banding permits. They may be obtained by writing
to the Bird Banding Laboratory).
(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)--Assistant Regional Director for Law
Enforcement of District in which the applicant resides (see
50 CFR 10.22 for
addresses and boundaries of the Law Enforcement Districts).
(3) Feather quota (50 CFR part 15), injurious wildlife (50 CFR
part 16), endangered and threatened species (50 CFR part 17),
marine mammal (50 CFR part 18) and permits and certificates for
the Convention on International Trade in Endangered Species
(CITES) (50 CFR part 23)--U.S. Fish and Wildlife Service, Federal
Wildlife Permit Office, P.O. Box 3654, Arlington, Virginia 22203.
(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. Applicants for
endangered species and marine mammal permits should submit
applications to the Office of Management Authority which are
postmarked at least 90 calendar days prior to the requested
effective date. Applicants for all other permits should submit
applications to the issuing office which are postmarked at least 60
days prior to the requested effective date.
(d) Fees.
(1) Unless otherwise exempted by this paragraph, applicants for
issuance or renewal of permits must pay the required permit
processing fee at the time of application. Applicants should pay
fees by check or money order made payable to "U.S. Fish and
Wildlife Service." The Service will not refund any application fee
under any circumstances if the Service has processed the
application. However, the Service may return the application fee
if the applicant withdraws the application before the Service has
significantly processed it.
(2) Except as provided in paragraph
(d)(4)
of this sections the fee for processing any application is $
25.00. 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. The issuing office may charge only the
highest single fee for the activity permitted.
(3) A fee shall 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 activities. The fee may
be waived or reduced for public institutions (see
50 CFR 10.12). Proof of
such status must accompany the application.
(4) Nonstandard fees.
|
Type of permit |
Fee |
|
Import/Export License (Section 14.93) |
$125 & inspection fees |
|
Marine Mammal (Section 18.31) |
100 |
|
Migratory Bird-Banding or marking (21.22) |
None |
|
Bald or Golden Eagles (Part 22) |
None |
(e) Abandoned or incomplete applications. Upon receipt of an
incomplete or improperly executed application, or if the applicant
does not submit the proper fees, the issuing office will 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
any fees for an abandoned application. SOURCE: [47 FR 30785, July 15,
1982, as amended at 50 FR 52889, Dec. 26, 1985; 54 FR 4031, Jan. 27,
1989; 54 FR 38147, Sept. 14, 1989]
13.12 General information requirements on
applications for permits.
(a) General information required for all applications. All applications
must contain the following information:
(1) Applicant's full name, mailing address, telephone number(s),
and, (i) If the applicant is an individual, the date of birth, height,
weight, hair color, eye color, sex, and any business or institutional
affiliation of the applicant related to the requested permitted
activity; or (ii) If the applicant is a corporation, firm,
partnership, association, institution, or public or private agency,
the name and address of the president or principal officer and of the
registered agent for the service of process;
(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.
(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 |
| 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 |
| American alligator-buyer or tanner
|
17.42(a) |
| General for plants |
17.72 |
| Marine mammals permits:
|
|
| Scientific research |
18.31 |
| Public display |
18.31 |
| Migratory bird permits:
|
|
| Banding or marking |
21.22 |
| Scientific collecting |
21.23 |
| Taxidermist |
21.24 |
| Waterfowl sale and disposal |
21.25 |
| Special aviculturist |
21.26 |
| 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
|
23.15 |
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. Any one of the
following will disqualify a person from receiving permits issued under
this Part.
(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)( l ) 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. The issuing officer, in making a
determination under this subsection, may use any information available
that is relevant to the issue. This may include any prior conviction, or
entry of a plea of guilty or nolo contendere, or assessment of civil or
criminal penalty for a violation of any Federal or State law or
regulation governing the permitted activity. It may also include any
prior permit revocations or suspensions, or any reports of State or
local officials. The issuing officer shall consider all relevant facts
or information available, and may make independent inquiry or
investigation to verify information or substantiate qualifications
asserted by the applicant.
(e) Conditions of issuance and acceptance.
(1) Any permit automatically incorporates within its terms the
conditions and requirements of
Subpart D of this part and of
any part(s) or section(s) specifically authorizing or governing the
activity for which the permit is issued.
(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. Unless otherwise modified, a permit is valid
during the period specified on the face of the permit. Such period shall
include the effective date and the date of expiration.
(g) Denial. The issuing officer 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. SOURCE: [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]
13.22 Renewal of permits.
(a) Application for renewal. Applicants for renewal of a permit must
submit a written application at least 30 days prior to the expiration date
of the permit. Applicants must certify in the form required by
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.
(b) Renewal criteria. The Service shall issue a renewal of a permit if
the applicant meets the criteria for issuance in
13.21 (b) and is not disqualified
under
13.21 (c).
(c) Continuation of permitted activity. Any person holding a valid,
renewable permit, 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.
(d) Denial. The issuing officer may deny renewal of a permit to any
applicant who fails to meet the issuance criteria set forth in
13.21 of this part, or in the
part(s) or section(s) specifically governing the activity for which the
renewal is requested. SOURCE: [54 FR 38148, Sept. 14, 1989]
13.23 Amendment of permits.
(a) Permittee's request. Where circumstances have changed so that a
permittee desires to have any condition of his permit modified, such
permittee must submit a full written justification and supporting
information in conformity with this part and the part under which the
permit was issued.
(b) Service reservation. The Service reserves the right to amend any
permit for just cause at any time during its term, upon written finding of
necessity.
(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 such change. This
provision does not authorize any change in location of the conduct of the
permitted activity when approval of the location is a qualifying condition
of the permit. SOURCE: [54 FR 38148, Sept. 14, 1989]
13.24 Right of succession by certain persons.
(a) Certain persons, other than the permittee are granted the right 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; and
(2) A receiver or trustee in bankruptcy or a court designated
assignee for the benefit of creditors.
(b) In order to secure the right 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.
SOURCE: [54 FR 38149, Sept. 14, 1989]
13.25 Permits not transferable; agents.
(a) Permits issued under this part are not transferable or assignable.
Some permits authorize certain activities in connection with a business or
commercial enterprise and in the event of any lease, sale, or transfer of
such business entity, the successor must obtain a permit prior to
continuing the permitted activity. However, certain limited rights of
succession are provided in
13.24.
(b) 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, as an agent for the
permittee. SOURCE: [54 FR 38149, Sept. 14, 1989]
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. SOURCE: [54 FR 38149,
Sept. 14, 1989]
13.27 Permit suspension.
(a) Criteria for suspension. 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 officer 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. Such suspension shall remain in
effect until the issuing officer determines that the permittee has
corrected the deficiencies.
(b) Procedure for suspension.
(1) When the issuing officer believes there are valid grounds for
suspending a permit the permittee shall be notified in writing of the
proposed suspension by certified or registered mail. This notice shall
identify the permit to be suspended, the reason(s) for such
suspension, the actions necessary to correct the deficiencies, and
inform the permittee of the right to object to the proposed
suspension. The issuing officer may amend any notice of suspension at
any time.
(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. SOURCE: [54 FR 38149, Sept.
14, 1989]
13.28 Permit revocation.
(a) Criteria for revocation. A permit may be revoked for any of the
following reasons:
(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) The population(s) of the wildlife or plant that is 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.
(1) When the issuing officer believes there are valid grounds for
revoking a permit, the permittee shall be notified in writing of the
proposed revocation by certified or registered mail. This notice shall
identify the permit to be revoked, the reason(s) for such revocation,
the proposed disposition of the wildlife, if any, and inform the
permittee of the right to object to the proposed revocation. The
issuing officer may amend any notice of revocation at any time.
(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. SOURCE: [54 FR 38149, Sept. 14, 1989]
13.29 Review procedures.
(a) Request for reconsideration. Any person may request reconsideration
of an action under this part if that person is one of the following:
(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. Any person requesting
reconsideration of an action under this part must comply with the
following criteria:
(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. The Service may institute a separate
inquiry into the matter under consideration.
(d) Determination of grant or denial of a request for
reconsideration. The issuing officer shall notify the permittee of the
Service's decision within 45 days of the receipt of the request for
reconsideration. This notification shall be in writing, shall state the
reasons for the decision, and shall contain a description of the
evidence which was relied upon by the issuing officer. The notification
shall also provide information concerning the right to appeal, the
official to whom an appeal may be addressed, and the procedures for
making an appeal.
(e) Appeal. A person who has received an adverse decision following
submission of a request for reconsideration may submit a written appeal
to the Regional Director for the region in which the issuing office is
located, or to the Director for offices which report directly to the
Director. An appeal must be submitted within 45 days of the date of the
notification of the decision on the request for reconsideration. The
appeal shall 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) Decision on appeal.
(1) Before a decision is made concerning the appeal the appellant
may present oral arguments before the Regional Director or the
Director, as appropriate, if such official judges oral arguments are
necessary to clarify issues raised in the written record.
(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. SOURCE: [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. SOURCE: [54 FR 38150, Sept. 14, 1989]
13.42 Permits are specific.
The authorizations on the face of a permit which set forth specific
times, dates, places, methods of taking, numbers and kinds of wildlife or
plants, location of activity, authorize certain circumscribed
transactions, or otherwise permit a specifically limited matter, are to be
strictly construed and shall not be interpreted to permit similar or
related matters outside the scope of strict construction. SOURCE: [39 FR
1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977]
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. SOURCE: 39 FR 1161,
Jan. 4, 1974.
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. SOURCE: 39 FR 1161, Jan. 4,1974.
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. SOURCE: 39 FR 1161, Jan. 4, 1974.
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.
SOURCE: [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24,
1977; 54 FR 38150, Sept. 14, 1989]
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. SOURCE: [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 applicable laws and
regulations governing the permitted activity. SOURCE: [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. SOURCE: [54 FR 38150, Sept.
14, 1989]
13.50 Acceptance of liability.
Any person holding a permit under subchapter B assumes all
liability and responsibility for the conduct of any activity
conducted under the authority of such permit. SOURCE: [54 FR
38150, Sept. 14, 1989]
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