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Electronic Code of Federal Regulations

e-CFR Data is current as of April 16, 2014

Title 50: Wildlife and Fisheries
PART 13—GENERAL PERMIT PROCEDURES
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. 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) You may obtain applications for migratory bird banding permits (50 CFR 21.22) 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, for addresses and boundaries of the Regions). Submit completed permit applications to the same address.

(3) You may obtain applications for Wild Bird Conservation Act permits (50 CFR 15); injurious wildlife permits (50 CFR 16); captive-bred wildlife registrations (50 CFR 17); permits authorizing import, export, or foreign commerce of endangered and threatened species, and interstate commerce of non-native endangered or threatened species (50 CFR 17); marine mammal permits (50 CFR 18); and permits and certificates for import, export, and reexport of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (50 CFR 23) from: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 N. Fairfax Drive, Room 700, Arlington, Virginia 22203-1610. Submit completed permit applications to the same address.

(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., recovery), and enhancement of survival by writing to the Regional Director (Attention: Endangered Species Permits) of the Region where the activity is to take place (see 50 CFR 2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions). Submit completed applications to the same address (the Regional office covering the area where the activity will take place). Permit applications for interstate commerce for native endangered and threatened species should be obtained by writing to the Regional Director (Attention: Endangered Species Permits) of the Region that has the lead for the particular species, rather than the Region where the activity will take place. You can obtain information on the lead Region via the Service's Endangered Species Program Web page (http://endangered.fws.gov/wildlife.html) by entering the common or scientific name of the listed species in the Regulatory Profile query box. Send interstate commerce permit applications for native listed species to the same Regional Office that has the lead for that species. Endangered Species Act permit applications for the import or export of native endangered and threatened species may be obtained from the Division of Management Authority in accordance with paragraph (b)(3) of this section.

(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. The Service will process all applications as quickly as possible. However, we cannot guarantee final action within the time limit you request. You should ensure that applications for permits for marine mammals and/or endangered and threatened species are postmarked at least 90 calendar days prior to the requested effective date. The time we require for processing of endangered and threatened species incidental take permits will vary according to the project scope and significance of effects. Submit applications for all other permits to the issuing/reviewing office and ensure they are postmarked at least 60 calendar days prior to the requested effective date. Our processing time may be increased by the procedural requirements of the National Environmental Policy Act (NEPA), the requirement to publish a notice in the Federal Register requesting a 30-day public comment period when we receive certain types of permit applications, and/or the time required for extensive consultation within the Service, with other Federal agencies, and/or State or foreign governments. When applicable, we may require permit applicants to provide additional information on the proposal and on its environmental effects as may be necessary to satisfy the procedural requirements of NEPA.

(d) Fees. (1) Unless otherwise exempted under this paragraph (d), you must pay the required permit processing fee at the time that you apply for issuance or amendment of a permit. You must pay in U.S. dollars. If you submit a check or money order, it must be made payable to the “U.S. Fish and Wildlife Service.” The Service will not refund any application fee under any circumstances if we have processed the application. However, we may return the application fee if you withdraw the application before we have significantly processed it.

(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 in accordance with §13.1. You may submit a single application in such cases, provided that the single application contains all the information required by the separate applications for each permitted activity. Where more than one permitted activity is consolidated into one permit, the issuing office will charge the highest single fee for the activity permitted.

(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 such agency. Except as otherwise authorized or waived, if you fail to submit evidence of such status with your application, we will require the submission of all processing fees prior to the acceptance of the application for processing.

(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. The following table identifies specific fees for each permit application or amendment to a current permit. If no fee is identified under the Amendment Fee column, this particular permit either cannot be amended and a new application, and application fee, would need to be submitted or no fee will be charged for amending the permit (please contact the issuing office for further information).

Type of permitCFR
citation
Permit
application
fee
Administration
fee1
Amendment
fee
Migratory Bird Treaty Act
Migratory Bird Import/Export50 CFR 2175
Migratory Bird Banding or Marking50 CFR 21No fee
Migratory Bird Scientific Collecting50 CFR 2110050
Migratory Bird Taxidermy50 CFR 21100
Waterfowl Sale and Disposal50 CFR 2175
Special Canada Goose50 CFR 21No fee
Migratory Bird Special Purpose/Education50 CFR 2175
Migratory Bird Special Purpose/Salvage50 CFR 2175
Migratory Bird Special Purpose/Game Bird Propagation50 CFR 2175
Migratory Bird Special Purpose/Miscellaneous50 CFR 21100
Falconry50 CFR 21100
Raptor Propagation50 CFR 21100
Migratory Bird Rehabilitation50 CFR 2150
Migratory Bird Depredation50 CFR 2110050
Migratory Bird Depredation/Homeowner50 CFR 2150
Bald and Golden Eagle Protection Act
Eagle Scientific Collecting50 CFR 2210050
Eagle Exhibition50 CFR 2275
Eagle Falconry50 CFR 22100
Eagle—Native American Religion50 CFR 22No fee
Eagle Take permits—Depredation and Protection of Health and Safety50 CFR 22100
Golden Eagle Nest Take50 CFR 2210050
Eagle Transport—Scientific or Exhibition50 CFR 2275
Eagle Transport—Native American Religious Purposes50 CFR 22No fee
Eagle Take—Associated With But Not the Purpose of an Activity50 CFR 22500150
Eagle Take—Associated With But Not the Purpose of an Activity—Programmatic, low-risk projects, 5- to 30-year tenure²50 CFR 228,0005001,000
Eagle Take—Associated With But Not the Purpose of an Activity—Programmatic, up to 5-year tenure50 CFR 2236,0002,6001,000
Eagle Take—Associated With But Not the Purpose of an Activity—Programmatic, over 5-year to 10-year tenure50 CFR 2236,00035,2001,000
Eagle Take—Associated With But Not the Purpose of an Activity—Programmatic, over 10-year to 15-year tenure50 CFR 2236,00037,8001,000
Eagle Take—Associated With But Not the Purpose of an Activity—Programmatic, over 15-year to 20-year tenure50 CFR 2236,000310,4001,000
Eagle Take—Associated With But Not the Purpose of an Activity—Programmatic, over 20-year to 25-year tenure50 CFR 2236,000313,0001,000
Eagle Take—Associated With But Not the Purpose of an Activity—Programmatic, over 25-year to 30-year tenure50 CFR 2236,000315,6001,000
Eagle Take—Associated With But Not the Purpose of an Activity—Transfer of a programmatic permit50 CFR 221,000
Eagle Nest Take50 CFR 22500150
Eagle Nest Take—Programmatic50 CFR 221,000500
Eagle Take—Exempted under ESA50 CFR 22No fee
Endangered Species Act/CITES/Lacey Act
ESA Recovery50 CFR 1710050
ESA Interstate Commerce50 CFR 1710050
ESA Enhancement of Survival (Safe Harbor Agreement)50 CFR 175025
ESA Enhancement of Survival (Candidate Conservation Agreement with Assurances)50 CFR 175025
ESA Incidental Take (Habitat Conservation Plan)50 CFR 1710050
ESA and CITES Import/Export and Foreign Commerce50 CFR 1710050
ESA and CITES Museum Exchange50 CFR 1710050
ESA Captive-bred Wildlife Registration50 CFR 17200100
—Renewal of Captive-bred Wildlife Registration50 CFR 17100
CITES Import (including trophies under ESA and MMPA)50 CFR 17, 18, 2310050
CITES Export50 CFR 2310050
CITES Pre-Convention50 CFR 237540
CITES Certificate of Origin50 CFR 237540
CITES Re-export50 CFR 237540
CITES Personal Effects and Pet Export/Re-export50 CFR 2350
CITES Appendix II Export (native furbearers and alligators—excluding live animals)50 CFR 2310050
CITES Master File (includes files for artificial propagation, biomedical, etc., and covers import, export, and re-export documents)50 CFR 23200100
—Renewal of CITES Master File50 CFR 23100
—Single-use permits issued on Master File50 CFR 2354
CITES Annual Program File50 CFR 2350
—Single-use permits issued under Annual Program50 CFR 2354
CITES replacement documents (lost, stolen, or damaged documents)50 CFR 235050
CITES Passport for Traveling Exhibitions and Pets50 CFR 23755
CITES/ESA Passport for Traveling Exhibitions50 CFR 231005
CITES Introduction from the Sea50 CFR 2310050
CITES Participation in the Plant Rescue Center Program50 CFR 23No fee
CITES Registration of Commercial Breeding Operations for Appendix—I Wildlife50 CFR 23100
CITES Request for Approval of an Export Program for a State or Tribe (American Ginseng, Certain Furbearers, and American Alligator)50 CFR 23No fee
Import/Export License50 CFR 1410050
Designated Port Exception50 CFR 1410050
Injurious Wildlife Permit50 CFR 1610050
—Transport Authorization for Injurious Wildlife50 CFR 1625
Wild Bird Conservation Act (WBCA)
Personal Pet Import50 CFR 1550
WBCA Scientific Research, Zoological Breeding or Display, Cooperative Breeding50 CFR 1510050
WBCA Approval of Cooperative Breeding Program50 CFR 15200100
—Renewal of a WBCA Cooperative Breeding Program50 CFR 1550
WBCA Approval of a Foreign Breeding Facility50 CFR 152506
Marine Mammal Protection Act
Marine Mammal Public Display50 CFR 18300150
Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery50 CFR 1815075
—Renewal of Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery50 CFR 1875

1Assessed when a permit is issued.

2“Low-risk” means a project or activity is unlikely to take an eagle over a 30-year period and the applicant for a permit for the project or activity has provided the Service with sufficient data obtained through Service-approved models and/or predictive tools to verify that the take is likely to be less than 0.03 eagles per year.

3$2,600 assessed upon approval of permit, and for each 5-year review.

4Each.

5Per animal.

6Per species.

(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. If we receive an incomplete or improperly executed application, or if you do not submit the proper fees, the issuing office will notify you of the deficiency. If you fail to supply the correct information to complete the application or to pay the required fees within 45 calendar days of the date of notification, we will consider the application abandoned. We will not refund any fees for an abandoned application.

[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]



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