Fish and Wildlife Service, General Provisions and General Permit Procedures

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.

ver 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

eral 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

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

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

pplication 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)

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

ogram 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

ncrease 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

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

nation 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

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

ion 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 `

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.

ill

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.

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

d 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

nder

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

hin

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''

on 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

d 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

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

st.'' 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

t 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

s 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

eficiencies 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

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

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

strative 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

uspension 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

tendre.

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

lication 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

rvice'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

permittees seeking redress. The review procedures as written have also

inappropriately allowed applicants falling under Sec. 13.29(a) (1),

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

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

es 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 . .

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

ecies 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

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

emptions 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

ntial 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

king 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

3.27(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

d 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

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

fying 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

plicant 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

n 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

ables 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

d

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.

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

arefully

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

ire 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

hat 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);

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):

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:

-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

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

s 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:

* * * * *

ry 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

(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).

, 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.

ffective 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

------------------------------------------------------------------------

.

(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)..

.............. 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

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;

* * * * *

for

permits.

(a) * * *

(4) If the requested permit activity involves the import, export,

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 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

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.

alconry 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.

re 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;

(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.

t 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

e 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) * * *

d 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

ards, 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.

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

change in location of the conduct of the permit activity when approval

of the location is a qualifying condition of the permit.

orts 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

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.

e 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)

aph (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

ntry, 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

e 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.

pply.

* * * * *

(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

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.

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)).

ty 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)).

bjection 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,

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.

it 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

appeal may be addressed, and the procedures for making an appeal.

f 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

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.

ellant

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.

----------------------------------------------------------------------------------------------------------------

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).

----------------------------------------------------------------------------------------------------------------

propriate 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.

evised 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

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:

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:

* * * * *

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

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.

* * * * *

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.

* * * * *

Subpart G--Threatened Plants [Amended]

pter.

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.

* * * * *

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

he 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