section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 50:50:1.0.1.1.1.0.1.1,50,Wildlife and Fisheries,I,A,1,PART 1—DEFINITIONS,,,,§ 1.1 Meaning of terms.,FWS,,,,"As used in this chapter, unless separately defined, terms shall have the meaning ascribed in this part." 50:50:1.0.1.1.1.0.1.2,50,Wildlife and Fisheries,I,A,1,PART 1—DEFINITIONS,,,,§ 1.2 Authorized representative.,FWS,,,,"Authorized representative means the subordinate official to which a principal official has delegated authority to act on a particular matter or a class of matters. The Director, U.S. Fish and Wildlife Service is frequently the authorized representative of the Secretary of the Interior, as also may be a regional director or an officer in charge of a Service field installation." 50:50:1.0.1.1.1.0.1.3,50,Wildlife and Fisheries,I,A,1,PART 1—DEFINITIONS,,,,§ 1.3 Service.,FWS,,,,"Service means the United States Fish and Wildlife Service, Department of the Interior." 50:50:1.0.1.1.1.0.1.4,50,Wildlife and Fisheries,I,A,1,PART 1—DEFINITIONS,,,,§ 1.4 Director.,FWS,,,"[48 FR 44833, Sept. 30, 1983]","Director means the Director, U.S. Fish and Wildlife Service or the authorized representative of such official." 50:50:1.0.1.1.1.0.1.5,50,Wildlife and Fisheries,I,A,1,PART 1—DEFINITIONS,,,,§ 1.5 Officer in Charge.,FWS,,,"[48 FR 44833, Sept. 30, 1983]","Officer in Charge means any person in charge of a national fish hatchery, national wildlife refuge, research center, or other U.S. Fish and Wildlife Service installation, or the authorized representative of such official." 50:50:1.0.1.1.1.0.1.6,50,Wildlife and Fisheries,I,A,1,PART 1—DEFINITIONS,,,,§ 1.6 Person.,FWS,,,,"Person means an individual, club, association, partnership, corporation, or private or public body, any one or all, as the context requires." 50:50:1.0.1.1.1.0.1.7,50,Wildlife and Fisheries,I,A,1,PART 1—DEFINITIONS,,,,§ 1.7 Regional director.,FWS,,,"[48 FR 44833, Sept. 30, 1983]",Regional director means the official in charge of a region of the U.S. Fish and Wildlife Service or the authorized representative of such official. 50:50:1.0.1.1.1.0.1.8,50,Wildlife and Fisheries,I,A,1,PART 1—DEFINITIONS,,,,§ 1.8 Secretary.,FWS,,,"[48 FR 44833, Sept. 30, 1983]",Secretary means the Secretary of the Interior or the authorized representative of such official. 50:50:1.0.1.1.2.0.1.1,50,Wildlife and Fisheries,I,A,2,PART 2—AGENCY ORGANIZATION AND LOCATIONS,,,,§ 2.1 Headquarters.,FWS,,,"[79 FR 43963, July 29, 2014]","The U.S. Fish and Wildlife Service is composed of a main office in the Washington, DC, area, referred to as “Headquarters”; eight regional offices, which are described in § 2.2; and a variety of field installations, a nationwide network of law enforcement agents, and a number of field study teams for biological and ecological activities. Headquarters includes the Office of the Director, as well as program areas headed by Assistant Directors. (a) The address for the Office of the Director is: Office of the Director, U.S. Fish and Wildlife Service, Main Interior, 1849 C Street NW., Room 3331, Washington, DC 20240-0001. (b) The address of Headquarters program areas is: U.S. Fish and Wildlife Service Headquarters, MS: [Insert appropriate Mail Stop from table], 5275 Leesburg Pike, Falls Church, VA 22041-3803." 50:50:1.0.1.1.2.0.1.2,50,Wildlife and Fisheries,I,A,2,PART 2—AGENCY ORGANIZATION AND LOCATIONS,,,,§ 2.2 Regional offices.,FWS,,,"[78 FR 35151, June 12, 2013, as amended at 79 FR 43963, July 29, 2014]","The U.S. Fish and Wildlife Service has eight regional offices that are responsible for implementing national policies. Each Regional Director has jurisdiction over Service activities performed by field installations in the State(s) encompassed by the region. Field installations include ecological services stations, endangered species stations, fishery assistance offices, national fish hatcheries, national wildlife refuges, research laboratories, and wildlife assistance offices. Unless otherwise stated for a particular matter in the regulations, all persons may secure from the regional offices information or make submittals or requests, as well as obtain forms and instructions as to the scope and contents of papers or reports required of the public. The geographic jurisdictions and addresses of the U.S. Fish and Wildlife regional offices are as follows: (a) Pacific Regional Office (Region 1—comprising the States of Hawaii, Idaho, Oregon, and Washington; the Commonwealth of the Northern Mariana Islands; and American Samoa, Guam, and other Pacific possessions), Eastside Federal Complex, 911 NE. 11th Avenue, Portland, Oregon 97232. (b) Southwest Regional Office (Region 2—comprising the States of Arizona, New Mexico, Oklahoma, and Texas), 500 Gold Avenue SW., Room 9018 (P.O. Box 1306), Albuquerque, New Mexico 87102. (c) Midwest Regional Office (Region 3—comprising the States of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin), 5600 American Boulevard West, Suite 990, Bloomington, Minnesota 55437. (d) Southeast Regional Office (Region 4—comprising the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee; the Commonwealth of Puerto Rico; and the Virgin Islands and Caribbean possessions), 1875 Century Boulevard, Suite 400, Atlanta, Georgia 30345. (e) Northeast Regional Office (Region 5—comprising the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia; and the District of Columbia), 300 Westgate Center Drive, Hadley, Massachusetts 01035. (f) Mountain-Prairie Regional Office (Region 6—comprising the States of Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah and Wyoming), 134 Union Boulevard (P.O. Box 25486), Lakewood, Colorado 80228. (g) Alaska Regional Office (Region 7—comprising the State of Alaska), 1011 E. Tudor Road, Anchorage, Alaska 99503. (h) Pacific Southwest Regional Office (Region 8—comprising the States of California and Nevada), 2800 Cottage Way, Room W-2606, Sacramento, California 95825." 50:50:1.0.1.1.3.0.1.1,50,Wildlife and Fisheries,I,A,3,"PART 3—NONDISCRIMINATION—CONTRACTS, PERMITS, AND USE OF FACILITIES",,,,§ 3.1 Discrimination prohibited.,FWS,,,,"No person shall, on the ground of race, color, creed, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to any form of discrimination or segregation under any program or activity, or in the use of any facility or accommodation of the Service." 50:50:1.0.1.1.3.0.1.2,50,Wildlife and Fisheries,I,A,3,"PART 3—NONDISCRIMINATION—CONTRACTS, PERMITS, AND USE OF FACILITIES",,,,§ 3.2 Federal financial assistance.,FWS,,,,"The provisions of 43 CFR part 17, which implements title VI of the Civil Rights Act of 1964, are applicable to any program or activity for which Federal financial assistance is provided under any law administered by the Service, including the programs and activities that are federally assisted under the laws listed in Appendix A of 43 CFR part 17." 50:50:1.0.1.1.3.0.1.3,50,Wildlife and Fisheries,I,A,3,"PART 3—NONDISCRIMINATION—CONTRACTS, PERMITS, AND USE OF FACILITIES",,,,§ 3.3 Discrimination by contractors and permittees prohibited.,FWS,,,,"The provisions of part III of Executive Order 10925 (3 CFR, 1959-1963 Comp. p. 448) and the provisions of Executive Order 11114 (3 CFR, 1959-1963 Comp. p. 774), as they may be amended, and the regulations of the President's Council on Equal Opportunity, the President's Committee on Equal Employment Opportunity, contained in 41 CFR part 60, and the Equal Employment Opportunity Commission are applicable to all agreements, or modifications thereof, between the Service and any person for supplies, services or facilities, or for the use of any Government property, services or facilities. (a) Any person who provides public accommodations, facilities, services, or privileges upon any land under the control or administration of the Service through a permit, contract, concession contract, or other form of agreement with the Service is prohibited from discriminating by segregation or otherwise against any person because of race, color, creed, or national origin in the furnishing or refusing to furnish such person any accommodation, facility, service, or privilege which is offered to or enjoyed by the general public, and will agree to abide by the prohibitions against discrimination contained in the permit, contract, or agreement. (b) Any person who uses, occupies, or possesses any land under the administration or control of the Service through a permit, contract, concession contract, or other form of agreement with the Bureau is prohibited, in conjunction with the acts or activities authorized or permitted by such permit, contract, or agreement, from discriminating against any employee or applicant for employment or maintaining any employment practice which discriminates in any manner because of race, color, creed, or national origin, and will agree to abide by the prohibitions against discrimination contained in the permit, contract, or agreement." 50:50:1.0.1.2.10.1.13.1,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,A,Subpart A—Introduction,,§ 16.1 Purpose of regulations.,FWS,,,,The regulations contained in this part implement the Lacey Act (18 U.S.C. 42). 50:50:1.0.1.2.10.1.13.2,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,A,Subpart A—Introduction,,§ 16.2 Scope of regulations.,FWS,,,,"The provisions of this part are in addition to, and are not in lieu of, other regulations of this subchapter B which may require a permit or prescribe additional restrictions or conditions for the importation, exportation, and interstate transportation of wildlife (see also part 13)." 50:50:1.0.1.2.10.1.13.3,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,A,Subpart A—Introduction,,§ 16.3 General restrictions.,FWS,,,,"Any importation or transportation of live wildlife or eggs thereof, or dead fish or eggs or salmonids of the fish family Salmonidae into the United States or its territories or possessions is deemed to be injurious or potentially injurious to the health and welfare of human beings, to the interest of forestry, agriculture, and horticulture, and to the welfare and survival of the wildlife or wildlife resources of the United States; and any such importation into or the transportation of live wildlife or eggs thereof between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any territory or possession of the United States by any means whatsoever, is prohibited except for certain purposes and under certain conditions as hereinafter provided in this part: Provided, That the provisions of this section shall not apply to psittacine birds (see also §§ 16.32 and 16.33 for other exemptions)." 50:50:1.0.1.2.10.2.13.1,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,B,Subpart B—Importation or Shipment of Injurious Wildlife,,§ 16.11 Importation of live wild mammals.,FWS,,,"[39 FR 1169, Jan. 4, 1974, as amended at 47 FR 56362, Dec. 16, 1982; 67 FR 39868, June 11, 2002]","(a) The importation, transportation, or acquisition is prohibited of live specimens of: (1) Any species of so-called “flying fox” or fruit bat of the genus Pteropus ; (2) any species of mongoose or meerkat of the genera Atilax, Cynictis, Helogale, Herpestes, Ichneumia, Mungos, and Suricata ; (3) any species of European rabbit of the genus Oryctolagus ; (4) any species of Indian wild dog, red dog, or dhole of the genus Cuon ; (5) any species of multimammate rat or mouse of the genus Mastomys ; (6) any raccoon dog, Nyctereutes procyonoides ; and (7) any brushtail possum, Trichosurus vulpecula : Provided, that the Director shall issue permits authorizing the importation, transportation, and possession of such mammals under the terms and conditions set forth in § 16.22. (b) Upon the filing of a written declaration with the District Director of Customs at the port of entry as required under § 14.61, all other species of live wild mammals may be imported, transported, and possessed in captivity, without a permit, for scientific, medical, educational, exhibition, or propagating purposes, but no such live wild mammals or any progeny thereof may be released into the wild except by the State wildlife conservation agency having jurisdiction over the area of release or by persons having prior written permission for release from such agency: Provided, That the provisions of this paragraph shall not apply to live game mammals from Mexico, the importation of which is governed by regulations under part 14 of this chapter." 50:50:1.0.1.2.10.2.13.2,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,B,Subpart B—Importation or Shipment of Injurious Wildlife,,§ 16.12 Importation of live wild birds or their eggs.,FWS,,,,"(a) The importation, transportation, or acquisition is prohibited of any live specimen or egg of (1) the species of so-called “pink starling” or “rosy pastor” Sturnus roseus ; (2) the species of dioch (including the subspecies black-fronted, red-billed, or Sudan dioch) Quelea quelea ; (3) any species of Java sparrow, Padda oryzivora ; (4) the species of red-whiskered bul-bul, Pycnonotus jocosus : Provided, That the Director shall issue permits authorizing the importation, transportation, and possession of such live birds under the terms and conditions set forth in § 16.22. (b) Upon the filing of a written declaration with the District Director of Customs at the port of entry as required under § 14.61, all species of live wild game, birds may be imported, transported, and possessed in captivity, without a permit, for scientific, medical, educational, exhibition, or propagating purposes, and the eggs of such birds may be imported, transported, and possessed, without a permit, for propagating or scientific collection purposes, but no such live wild game birds or any progeny thereof may be released into the wild except by the State wildlife conservation agency having jurisdiction over the area of release or by persons having prior written permission for release from such agency. (c) Upon the filing of a written declaration with the District Director of Customs at the port of entry as required under § 14.61, all species of live, wild nongame birds (other than those listed in paragraph (a) of this section) may be imported, transported, and possessed in captivity, without a permit, for scientific, medical, educational, exhibition, or propagating purposes, but no such live, wild nongame birds or any progeny thereof may be released into the wild except by or under the direction of State wildlife conservation agencies when such agencies have received prior written permission from the Director for such release: Provided, That the provisions of this paragraph shall not apply to live bald and golden eagles or to live migratory birds, the importation of which is governed by regulations under parts 22 and 21 of this chapter, respectively, or to birds of the Family Psittacidae (parrots, macaws, cockatoos, parakeets, lories, lovebirds, etc.), the importation and transportation of which is governed by U.S. Public Health Service regulations under 42 CFR parts 71 and 72. (d) The importation of the eggs of wild nongame birds is prohibited except as permitted under § 16.33." 50:50:1.0.1.2.10.2.13.3,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,B,Subpart B—Importation or Shipment of Injurious Wildlife,,"§ 16.13 Importation of live or dead fish, mollusks, and crustaceans, or their eggs.",FWS,,,"[58 FR 58979, Nov. 5, 1993, as amended at 65 FR 37063, June 13, 2000; 67 FR 62203, Oct. 4, 2002; 72 FR 37469, July 10, 2007; 72 FR 59035, Oct. 18, 2007; 76 FR 15858, Mar. 22, 2011; 79 FR 43964, July 29, 2014; 81 FR 67899, Sept. 30, 2016]","(a) Upon an exporter filing a written declaration with the District Director of Customs at the port of entry as required under § 14.61 of this chapter, live or dead fish, mollusks, and crustaceans, or parts thereof, or their gametes or fertilized eggs, may be imported, transported, and possessed in captivity without a permit except as follows: (1) No such live fish, mollusks, crustacean, or any progency or eggs thereof may be released into the wild except by the State wildlife conservation agency having jurisdiction over the area of release or by persons having prior written permission from such agency. (2) The importation, transportation, or acquisition of any of the species listed in this paragraph is prohibited except as provided under the terms and conditions set forth in § 16.22: (i) Live fish or viable eggs of walking catfish, family Clariidae. (ii) Live mitten crabs, genus Eriocheir, or their viable eggs. (iii) Live mollusks, veligers, or viable eggs of zebra mussels, genus Dreissena. (iv) Any live fish or viable eggs of snakehead fishes of the genera Channa and Parachanna (or their generic synonyms of Bostrychoides, Ophicephalus, Ophiocephalus, and Parophiocephalus ) of the Family Channidae, including but not limited to: (A) Channa amphibeus (Chel or Borna snakehead). (B) Channa argus (Northern or Amur snakehead). (C) Channa asiatica (Chinese or Northern Green snakehead). (D) Channa aurantimaculata. (E) Channa bankanensis (Bangka snakehead). (F) Channa baramensis (Baram snakehead). (G) Channa barca (barca or tiger snakehead). (H) Channa bleheri (rainbow or jewel snakehead). (I) Channa cyanospilos (bluespotted snakehead). (J) Channa gachua (dwarf, gaucha, or frog snakehead). (K) Channa harcourtbutleri (Inle snakehead). (L) Channa lucius (shiny or splendid snakehead). (M) Channa maculata (blotched snakehead). (N) Channa marulius (bullseye, murrel, Indian, great, or cobra snakehead). (O) Channa maruloides (emperor snakehead). (P) Channa melanoptera. (Q) Channa melasoma (black snakehead). (R) Channa micropeltes (giant, red, or redline snakehead). (S) Channa nox. (T) Channa orientalis (Ceylon or Ceylonese Green snakehead). (U) Channa panaw. (V) Channa pleurophthalmus (ocellated, spotted, or eyespot snakehead). (W) Channa punctata (dotted or spotted snakehead). (X) Channa stewartii (golden snakehead). (Y) Channa striata (chevron or striped snakehead). (Z) Parachanna africana (Niger or African snakehead). (AA) Parachanna insignis (Congo, square-spotted African or light African snakehead). (BB) Parachanna obscura (dark African, dusky, or square-spotted snakehead). (v) Any live fish, gametes, viable eggs, or hybrids of the following species in family Cyprinidae: (A) Carassius carassius (crucian carp). (B) Carassius gibelio (Prussian carp). (C) Hypophthalmichthys harmandi (largescale silver carp). (D) Hypophthalmichthys molitrix (silver carp). (E) Hypophthalmichthys nobilis (bighead carp). (F) Mylopharyngodon piceus (black carp). (G) Phoxinus phoxinus (Eurasian minnow). (H) Pseudorasbora parva (stone moroko). (I) Rutilus rutilus (roach). (vi) Any live fish, gametes, viable eggs, or hybrids of Lates niloticus (Nile perch), family Centropomidae. (vii) Any live fish, gametes, viable eggs, or hybrids of Perccottus glenii (Amur sleeper), family Odontobutidae. (viii) Any live fish, gametes, viable eggs, or hybrids of the following species in family Percidae: (A) Perca fluviatilis (European perch). (B) Sander lucioperca (zander). (ix) Any live fish, gametes, viable eggs, or hybrids of Silurus glanis (wels catfish), family Siluridae. (x) Any live crustacean, gametes, viable eggs, or hybrids of Cherax destructor (common yabby), family Parastacidae. (3) Notwithstanding § 16.32, all Federal agencies shall be subject to the requirements stated within this section. Live or dead uneviscerated salmonid fish (family Salmonidae), live fertilized eggs, or gametes of salmonid fish are prohibited entry into the United States for any purpose except by direct shipment accompanied by a certification that: as defined in paragraph (e)(1) of this section, the fish lots, from which the shipments originated, have been sampled; virus assays have been conducted on the samples according to methods described in paragraphs (e)(2) through (4); of this section; and Oncorhynchus masou virus and the viruses causing viral hemorrhagic septicemia, infectious hematopoietic necrosis, and infectious pancreatic necrosis have not been detected in the fish stocks from which the samples were taken. In addition, live salmonid fish can be imported into the United States only upon written approval from the Director of the U.S. Fish and Wildlife Service. (4) All live fish eggs of salmonid fish must be disinfected within 24 hours prior to shipment to the United States. Disinfection shall be accomplished by immersion for 15 minutes in a 75 part per million (titratable active iodine) non-detergent solution of polyvinylpyrrolidone iodine (iodophor) buffered to a pH of 6.0 to 7.0. Following disinfection, the eggs shall be rinsed and maintained in water free of fish pathogens until packed and shipped. Any ice or water used for shipping shall be from pathogen-free water. (b)(1) The certification to accompany importations as required by this section shall consist of a statement in the English language, printed or typewritten, stating that this shipment of dead uneviscerated salmonid fish, live salmonid fish, or live, disinfected fertilized eggs or gametes of salmonid fish has been tested, by the methods outlined in this section, and none of the listed viruses were detected. The certification shall be signed in the country of origin by a qualified fish pathologist designated as a certifying official by the Director. (2) The certification must contain: (i) The date and port of export in the country of origin and the anticipated date of arrival in the United States and port of entry; (ii) Surface vessel name or number or air carrier and flight number; (iii) Bill of lading number or airway bill number; (iv) The date and location where fish, tissue, or fluid samples were collected; (v) The date and location where virus assays were completed; and (vi) The original handwritten signature, in ink, of the certifying official and his or her address and telephone number. (3) Certification may be substantially in the following form: I, ____, designated by the Director of the U.S. Fish and Wildlife Service on ____ (date), as a certifying official for ____ (country), as required by Title 50, CFR 16.13, do hereby certify that the fish lot(s) of origin for this shipment of ____ (weight in kilograms) dead uneviscerated salmonid fish, live salmonid fish, live salmonid fish eggs disinfected as described in § 16.13, or live salmonid gametes to be shipped under ____ (bill of lading number or airway bill number), were sampled at ____ (location of fish facility) on ____ (sampling date) and the required viral assays were completed on ____ (date assays were completed) at ____ (location where assays were conducted) using the methodology described in § 16.13. I further certify that Oncorhynchus masou virus and the viruses causing viral hemorrhagic septicemia, infectious hematopoietic necrosis, and infectious pancreatic necrosis have not been detected in viral assays of the fish lot(s) of origin. The shipment is scheduled to depart ____ (city and country) on ____ (date), via ____ (name of carrier) with anticipated arrival at the port of ____ (city), U.S.A., on ____ (date). (Signature in ink of certifying official) (Printed name of certifying official) Date: Organization employing certifying official: Mailing address: City: State/Province: Zip Code/Mail Code: Country: Office telephone number: International code Telephone number Fax number I, ____, designated by the Director of the U.S. Fish and Wildlife Service on ____ (date), as a certifying official for ____ (country), as required by Title 50, CFR 16.13, do hereby certify that the fish lot(s) of origin for this shipment of ____ (weight in kilograms) dead uneviscerated salmonid fish, live salmonid fish, live salmonid fish eggs disinfected as described in § 16.13, or live salmonid gametes to be shipped under ____ (bill of lading number or airway bill number), were sampled at ____ (location of fish facility) on ____ (sampling date) and the required viral assays were completed on ____ (date assays were completed) at ____ (location where assays were conducted) using the methodology described in § 16.13. I further certify that Oncorhynchus masou virus and the viruses causing viral hemorrhagic septicemia, infectious hematopoietic necrosis, and infectious pancreatic necrosis have not been detected in viral assays of the fish lot(s) of origin. The shipment is scheduled to depart ____ (city and country) on ____ (date), via ____ (name of carrier) with anticipated arrival at the port of ____ (city), U.S.A., on ____ (date). (Signature in ink of certifying official) (Printed name of certifying official) (c) Nothing in this part shall restrict the importation and transportation of dead salmonid fish when such fish have been eviscerated (all internal organs removed, gills may remain) or filleted or when such fish or eggs have been processed by canning, pickling, smoking, or otherwise prepared in a manner whereby the Oncorhynchus masou virus and the viruses causing viral hemorrhagic septicemia, infectious hematopoietic necrosis, and infectious pancreatic necrosis have been killed. (d) Any fish caught in the wild in North America under a valid sport or commercial fishing license shall be exempt from sampling and certification requirements and from filing the Declaration for Importation of Wildlife. The Director may enter into formal agreements allowing the importation of gametes, fertilized eggs, live fish, or dead, uneviscerated fish without inspection and certification of pathogen status, if the exporting Nation has an acceptable program of inspection and pathogen control in operation, can document the occurrence and distribution of fish pathogens within its boundaries, and can demonstrate that importation of salmonid fishes into the United States from that National will not pose a substantial risk to the public and private fish stocks of the United States. (e) Fish sampling requirements, sample processing, and methods for virus assays —(1) Fish sampling requirements. (i) Sampling for virus assays required by this section must be conducted within the six (6) months prior to the date of shipment of dead uneviscerated salmonid fish, live salmonid fish, live salmonid eggs, or salmonid gametes to the United States. Sampling shall be on a lot-by-lot basis with the samples from each lot distinctively marked, maintained, and processed for virus assay separately. A fish lot is defined as a group of fish of the same species and age that originated from the same discrete spawning population and that always have shared a common water supply. In the case of adult broodstock, various age groups of the same fish species may be sampled as a single lot, provided they meet the other conditions previously stated and have shared the same container(s) for at least 1 year prior to the sampling date. (ii) In a sample, or sub-sample of a given lot, collection of 10 or more moribund fish shall be given first preference. The remainder of fish required for collection shall be randomly selected live fish from all containers occupied by the lot being sampled. Moribund fish shall be collected and processed separately from randomly selected fish. In the event the sample is taken from adult broodstock of different ages that share the same container, first preference shall be given to collecting samples from the older fish. (iii) The minimum sample numbers collected from each lot must be in accordance with a plan that provides 95 percent confidence that at least one fish, with a detectable level of infection, will be collected and will be present in the sample if the assumed minimum prevalence of infection equals or exceeds 2 percent. A total of 150 fish collected proportionately from among all containers shared by the lot usually meets this requirement. A sampling strategy based on a presumed pathogen prevalence of 5 percent (60 fish) may be used to meet sampling requirements for shipments of gametes, fertilized eggs, or uneviscerated dead fish; provided that in the previous 2 years no disease outbreaks caused by a pathogen of concern have occurred at the facility from which the shipment originated and all stocks held at the facility have been inspected at least four times during that period (at intervals of approximately 6 months) and no pathogens of concern detected. (iv) Fish must be alive when collected and processed within 48 hours after collection. Tissue and fluid samples shall be stored in sealed, aseptic containers and kept at 4 °Celsius (C.) or on ice but not frozen. (v) Tissue collection shall be as follows: (A) Sac Fry and fry to 4 centimeter (cm): Assay entire fish. If present, remove the yolk sac. (B) Fish 4-6 cm: Assay entire visceral mass including kidney. (C) Fish longer than 6 cm: Assay kidney and spleen in approximately equal weight proportions. (D) Spawning adult broodstock: Assay kidney and spleen tissues from males and/or females and ovarian fluid from females. Ovarian fluid may comprise up to 50 percent of the samples collected. (2) General sample processing requirements. (i) Ovarian fluid samples shall be collected from each spawning female separately. All samples from individual fish shall be measured to ensure that similar quantities from each fish are combined if samples are pooled. Ovarian fluid samples from no more than five fish may be combined to form a pool. (ii) Whole fry (less yolk sacs), viscera, and kidney and spleen tissues from no more than five fish may be similarly pooled. (iii) Antibiotics and antifungal agents may be added to ovarian fluid or tissue samples to control microbial contaminant growth at the time of sample collection. Final concentrations shall not exceed 200-500 micrograms/milliliter (µg/ml) of Gentamycin, 800 international units/milliliter (IU/ml) of penicillin, or 800 µg/ml of streptomycin. Antifungal agent concentrations should not exceed 200 IU/ml of mycostatin (Nystatin) of 20 µg/ml of amphotericin B (Fungizone). (iv) Sample temperature must be maintained between 4 at 15 °C. during processing. Use separate sets of sterile homogenization and processing equipment to process fluids or tissues from each fish lot sampled. Processing equipment need not be sterilized between samples within a single lot. (v) Homogenized tissue samples may be diluted 1:10 with buffered cell culture medium (pH 7.4-7.8) containing antibiotics and antifungal agents not exceeding the concentrations described in paragraph (e)(2)(iii) of this section. Centrifuge tissue suspensions and ovarian fluid samples 4 °C. at 2,500 × gravity (g) (relative centrifugal force) for 15 minutes. Resulting supernatant solutions can be stored overnight at 4 °C. (vi) At the time of inoculation onto cell cultures, total dilution of processed tissue samples must not exceed 1:100 ((volume to volume) (v/v)); total dilution of ovarian fluid samples must not exceed 1:20 (v/v). In samples inoculated onto cell cultures, the final antibiotic concentration shall not exceed 100 µg/ml of Gentamicin, 100 IU/ml of penicillin, or 100 µg/ml of streptomycin and antifungal agent concentrations should not exceed 25 IU/ml of mycostatin (Nystatin) or 2.5 µg/ml of amphotericin B (Fungizone). (3) Cell culture procedures. (i) Both epithelioma papulosum cyprini (EPC) and chinook salmon embryo (CHSE-214) cell lines must be maintained and used in all virus assays. Susceptible, normal appearing, and rapidly dividing cell cultures shall be selected. Penicillin (100 IU/ml), streptomycin (100 µg/ml), and antifungal agents, such as mycostatin/Nystatin (25 IU/ml) or amphotericin B/Fungizone (2.5 µg/ml), are permitted in media used for cell culture and virus assay work. (ii) Cell cultures shall be seeded and grown, at optimum temperatures, to 80-90 percent confluence in 24-well plates for virus assay work. (iii) Decant the medium from the required number of 24-well plates of each cell line, and inoculate four replicate wells per cell line with .10 ml per well of each processed sample. When all wells have been inoculated, tilt plates to spread the inocula evenly. Incubate inoculated plates for 1 hour at 15 °C. for sample contact. After the 1 hour contact add cell culture medium. Medium shall be buffered or cells incubated so that a pH between 7.4 and 7.8 is maintained. All cell culture assays shall be incubated, without overlays, at 15 °C. for 21 days. (4) Virus identification by serological methods. All cell cultures showing cytopathic effects (CPE) must be sub-cultured onto fresh cell cultures. If CPE is observed, determine the presence and identity the virus by serum neutralization, dot blot, enzyme-linked immunosorbent assay, or other equivalent serological technique. (f) Information concerning the importation requirements of this section and application requirements for designation as a certifying official for purposes of this section may be obtained by contacting the Division of Fish and Aquatic Conservation Programs at the address provided at 50 CFR 2.1(b) or by telephone at 703-358-1878. (g) The information collection requirements contained in this part have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-0078. The information is being collected to inform U.S. Customs and USFWS inspectors of the contents, origin, routing, and destination of fish and eggs shipments and to certify that the fish lots were inspected for listed pathogens. The information will be used to protect the health of the fishery resource. Response is required to obtain a benefit." 50:50:1.0.1.2.10.2.13.4,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,B,Subpart B—Importation or Shipment of Injurious Wildlife,,§ 16.14 Importation of live or dead amphibians or their eggs.,FWS,,,"[81 FR 1554, Jan. 13, 2016, as amended at 90 FR 2221, Jan. 10, 2025]","(a) The importation, transportation, or acquisition of any live or dead specimen or hybrid, including parts (except for eggs or gametes; parts or tissues that have been chemically preserved, chemically treated, or heat treated so that the pathogen Batrachochytrium salamandrivorans, if present, is rendered non-viable; and molecular specimens consisting of only the nucleic acids from organisms), of all species in the genera Ambystoma, Andrias, Aneides, Aquiloeurycea, Calotriton, Chioglossa, Chiropterotriton, Cryptobranchus, Cynops, Desmognathus, Ensatina, Euproctus, Eurycea, Hydromantes, Hynobius, Ichthyosaura, Laotriton, Lissotriton, Neurergus, Notophthalmus, Ommatotriton, Onychodactylus, Pachytriton, Paramesotriton, Plethodon, Pleurodeles, Proteus, Pseudobranchus, Pseudotriton, Salamandra, Salamandrella, Salamandrina, Siren, Taricha, Triturus, and Tylototriton is prohibited except as provided under the terms and conditions set forth at § 16.22 of this part. (b) Upon the filing of a written declaration with the District Director of Customs at the port of entry as required under § 14.61 of this chapter, all other species of amphibians may be imported, transported, and possessed in captivity, without a permit, for scientific, medical, education, exhibition, or propagating purposes, but no such amphibians or any progeny or eggs thereof may be released into the wild except by the State wildlife conservation agency having jurisdiction over the area of release or by persons having prior written permission for release from such agency." 50:50:1.0.1.2.10.2.13.5,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,B,Subpart B—Importation or Shipment of Injurious Wildlife,,§ 16.15 Importation of live reptiles or their eggs.,FWS,,,"[55 FR 17441, Apr. 25, 1990, as amended at 77 FR 3366, Jan. 23, 2012; 80 FR 12745, Mar. 10, 2015]","(a) The importation, transportation, or acquisition of any live specimen, gamete, viable egg, or hybrid of the species listed in this paragraph is prohibited except as provided under the terms and conditions set forth at § 16.22: (1) Boiga irregulari s (brown tree snake). (2) Python molurus (including P. molurus molurus (Indian python) and P. molurus bivittatus (Burmese python)). (3) Python reticulatus, Broghammerus reticulatus, or Malayopython reticulatus (reticulated python). (4) Python sebae (Northern African python or African rock python). (5) Python natalensis (Southern African python or African rock python). (6) Eunectes notaeus (yellow anaconda). (7) Eunectes deschauenseei (DeSchauensee's anaconda). (8) Eunectes murinus (green anaconda). (9) Eunectes beniensis (Beni anaconda). (b) Upon the filing of a written declaration with the District Director of Customs at the port of entry as required under § 14.61, all other species of live reptiles or their eggs may be imported, transported, and possessed in captivity, without a permit, for scientific, medical, educational, exhibitional or propagating purposes, but no such live reptiles or any progency or eggs thereof may be released into the wild except by the State wildlife conservation agency having jurisdiction over the area of release or by persons having prior written permission for release from such agency." 50:50:1.0.1.2.10.3.13.1,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,C,Subpart C—Permits,,§ 16.22 Injurious wildlife permits.,FWS,,,"[39 FR 1169, Jan. 4, 1974, as amended at 47 FR 30786, July 15, 1982; 63 FR 52634, Oct. 1, 1998; 79 FR 43964, July 29, 2014]","The Director may, upon receipt of an application and in accordance with the issuance criteria of this section, issue a permit authorizing the importation into or shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States of injurious wildlife (See subpart B of this part) for zoological, educational, medical, or scientific purposes. (a) Application requirements. Submit applications for permits to import, transport, or acquire injurious wildlife for such purposes to the attention of the Director, U.S. Fish and Wildlife Service, at the address listed for the Division of Management Authority at 50 CFR 2.1(b). Submit applications in writing on a Federal Fish and Wildlife License/Permit application (Form 3-200) and attach all of the following information: (1) The number of specimens and the common and scientific names (genus and species) of each species of live wildlife proposed to be imported or otherwise acquired, transported and possessed; (2) The purpose of such importation or other acquisition, transportation and possession; (3) The address of the premises where such live wildlife will be kept in captivity; (4) A statement of the applicant's qualifications and previous experience in caring for and handling captive wildlife. (b) Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, permits to import or ship injurious wildlife for zoological, educational, medical, or scientific purposes shall be subject to the following conditions: (1) All live wildlife acquired under permit and all progeny thereof, must be confined in the approved facilities on the premises authorized in the permit. (2) No live wildlife, acquired under permit, or any eggs or progeny thereof, may be sold, donated, traded, loaned, or transferred to any other person unless such person has a permit issued by the Director under § 16.22 authorizing him to acquire and possess such wildlife or the eggs or progeny thereof. (3) Permittees shall notify the nearest Special Agent-in-Charge (see § 10.22 of this chapter) by telephone or other expedient means within 24 hours following the escape of any wildlife imported or transported under authority of a permit issued under this section, or the escape of any progeny of such wildlife, unless otherwise specifically exempted by terms of the permit. (c) Issuance criteria. The Director shall consider the following in determining whether to issue a permit to import or ship injurious wildlife for zoological, educational, medical, or scientific purposes: (1) Whether the wildlife is being imported or otherwise acquired for a bona fide scientific, medical, educational, or zoological exhibition purpose; (2) Whether the facilities for holding the wildlife in captivity have been inspected and approved, and consist of a basic cage or structure of a design and material adequate to prevent escape which is maintained inside a building or other facility of such structure that the wildlife could not escape from the building or other facility after escaping from the cage or structure maintained therein; (3) Whether the applicant is a responsible person who is aware of the potential dangers to public interests posed by such wildlife, and who by reason of his knowledge, experience, and facilities reasonably can be expected to provide adequate protection for such public interests; and (4) If such wildlife is to be imported or otherwise acquired for zoological or aquarium exhibition purposes, whether such exhibition or display will be open to the public during regular appropriate hours. (d) The Office of Management and Budget approved the information collection requirements contained in this part 16 under 44 U.S.C. 3507 and assigned OMB Control Number 1018-0093. The Service may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. We are collecting this information to provide information necessary to evaluate permit applications. We will use this information to review permit applications and make decisions, according to criteria established in various Federal wildlife conservation statutes and regulations, on the issuance, suspension, revocation, or denial of permits. You must respond to obtain or retain a permit. We estimate the public reporting burden for these reporting requirements to average 2 hours per response, including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments regarding the burden estimate or any other aspect of these reporting requirements to the Service's Information Collection Clearance Officer at the address provided at 50 CFR 2.1(b)." 50:50:1.0.1.2.10.4.13.1,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,D,Subpart D—Additional Exemptions,,§ 16.32 Importation by Federal agencies.,FWS,,,,"Nothing in this part shall restrict the importation and transportation, without a permit, of any live wildlife by Federal agencies solely for their own use, upon the filing of a written declaration with the District Director of Customs at the port of entry as required under § 14.61: Provided, That the provisions of this section shall not apply to bald and golden eagles or their eggs, or to migratory birds or their eggs, the importations of which are governed by regulations under parts 22 and 21 of this chapter, respectively." 50:50:1.0.1.2.10.4.13.2,50,Wildlife and Fisheries,I,B,16,PART 16—INJURIOUS WILDLIFE,D,Subpart D—Additional Exemptions,,§ 16.33 Importation of natural-history specimens.,FWS,,,,"Nothing in this part shall restrict the importation and transportation, without a permit, of dead natural-history specimens of wildlife or their eggs for museum or scientific collection purposes: Provided, That the provisions of this section shall not apply to dead migratory birds, the importation of which is governed by regulations under parts 20 and 21 of this chapter; to dead game mammals from Mexico, the importation of which is governed by regulations under part 14 of this chapter; or to dead bald and golden eagles or their eggs, the importation of which is governed by regulations under part 22 of this chapter." 50:50:1.0.1.2.4.1.1.1,50,Wildlife and Fisheries,I,B,10,PART 10—GENERAL PROVISIONS,A,Subpart A—Introduction,,§ 10.1 Purpose of regulations.,FWS,,,"[38 FR 22015, Aug. 15, 1973, as amended at 53 FR 6649, Mar. 2, 1988]","The regulations of this Subchapter B are promulgated to implement the following statutes enforced by the U.S. Fish and Wildlife Service which regulate the taking, possession, transportation, sale, purchase, barter, exportation, and importation of wildlife: Lacey Act, 18 U.S.C. 42. Lacey Act Amendments of 1981, 16 U.S.C. 3371-3378. Migratory Bird Treaty Act, 16 U.S.C. 703-712. Bald and Golden Eagle Protection Act, 16 U.S.C. 668a-668d. Endangered Species Act of 1973, 16 U.S.C. 1531-1543. Tariff Classification Act of 1962, 19 U.S.C. 1202, [Schedule 1, Part 15D, Headnote 2(d), T.S.U.S.]. Fish and Wildlife Act of 1956, 16 U.S.C. 742a-742j-l. Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1384, 1401-1407. Lacey Act, 18 U.S.C. 42. Lacey Act Amendments of 1981, 16 U.S.C. 3371-3378. Migratory Bird Treaty Act, 16 U.S.C. 703-712. Bald and Golden Eagle Protection Act, 16 U.S.C. 668a-668d. Endangered Species Act of 1973, 16 U.S.C. 1531-1543. Tariff Classification Act of 1962, 19 U.S.C. 1202, [Schedule 1, Part 15D, Headnote 2(d), T.S.U.S.]. Fish and Wildlife Act of 1956, 16 U.S.C. 742a-742j-l. Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1384, 1401-1407." 50:50:1.0.1.2.4.1.1.2,50,Wildlife and Fisheries,I,B,10,PART 10—GENERAL PROVISIONS,A,Subpart A—Introduction,,§ 10.2 Scope of regulations.,FWS,,,,"The various parts of this subchapter B are interrelated, and particular note should be taken that the parts must be construed with reference to each other." 50:50:1.0.1.2.4.1.1.3,50,Wildlife and Fisheries,I,B,10,PART 10—GENERAL PROVISIONS,A,Subpart A—Introduction,,§ 10.3 Other applicable laws.,FWS,,,,"No statute or regulation of any State shall be construed to relieve a person from the restrictions, conditions, and requirements contained in this subchapter B. In addition, nothing in this subchapter B, nor any permit issued under this subchapter B, shall be construed to relieve a person from any other requirements imposed by a statute or regulation of any State or of the United States, including any applicable health, quarantine, agricultural, or customs laws or regulations, or other Service enforced statutes or regulations." 50:50:1.0.1.2.4.1.1.4,50,Wildlife and Fisheries,I,B,10,PART 10—GENERAL PROVISIONS,A,Subpart A—Introduction,,§ 10.4 When regulations apply.,FWS,,,"[38 FR 22015, Aug. 15, 1973, as amended at 39 FR 1159, Jan. 4, 1974]","The regulations of this subchapter B shall apply to all matters arising after the effective date of such regulations, with the following exceptions: (a) Civil penalty proceedings. Except as otherwise provided in § 11.25, the civil penalty assessment procedures contained in this subchapter B shall apply only to any proceeding instituted by notice of violation dated subsequent to the effective date of these regulations, regardless of when the act or omission which is the basis of a civil penalty proceeding occurred. (b) Permits. The regulations in this subchapter B shall apply to any permit application received after the effective date of the appropriate regulations in this subchapter B and, insofar as appropriate, to any permit which is renewed after such effective date." 50:50:1.0.1.2.4.2.1.1,50,Wildlife and Fisheries,I,B,10,PART 10—GENERAL PROVISIONS,B,Subpart B—Definitions,,§ 10.11 Scope of definitions.,FWS,,,,"In addition and subject to definitions contained in applicable statutes and subsequent parts or sections of this subchapter B, words or their variants shall have the meanings ascribed in this subpart. Throughout this subchapter B words in the singular form shall include the plural, words in the plural form shall include the singular, and words in the masculine form shall include the feminine." 50:50:1.0.1.2.4.2.1.2,50,Wildlife and Fisheries,I,B,10,PART 10—GENERAL PROVISIONS,B,Subpart B—Definitions,,§ 10.12 Definitions.,FWS,,,"[38 FR 22015, Aug. 15, 1973, as amended at 42 FR 32377, June 24, 1977; 42 FR 59358, Nov. 16, 1977; 45 FR 56673, Aug. 25, 1980; 50 FR 52889, Dec. 26, 1985; 72 FR 48445, Aug. 23, 2007]","Aircraft means any contrivance used for flight in the air. Amphibians means a member of the class, Amphibia, including, but not limited to, frogs, toads, and salamanders; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product. Animal means an organism of the animal kingdom, as distinguished from the plant kingdom; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product. Birds means a member of the class, Aves; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product. Country of exportation means the last country from which the animal was exported before importation into the United States. Country of origin means the country where the animal was taken from the wild, or the country of natal origin of the animal. Crustacean means a member of the class, Crustacea, including but not limited to, crayfish, lobsters, shrimps, crabs, barnacles, and some terrestrial forms; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product. Director means the Director of the United States Fish and Wildlife Service, Department of the Interior, or his authorized representative. Endangered wildlife means any wildlife listed in § 17.11 or § 17.12 of this subchapter. Fish means a member of any of the following classes: (1) Cyclostomata, including, but not limited to, hagfishes and lampreys; (2) Elasmobranchii, including but not limited to, sharks, skates, and rays; and (3) Pisces, including but not limited to trout, perch, bass, minnows, and catfish; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product. Fish or wildlife means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and including any part, product, egg, or offspring thereof. Foreign commerce includes, among other things, any transaction (1) between persons within one foreign country, or (2) between persons in two or more foreign countries, or (3) between a person within the United States and a person in one or more foreign countries, or (4) between persons within the United States, where the fish or wildlife in question are moving in any country or countries outside the United States. Fossil means the remains of an animal of past geological ages which has been preserved in the earth's crust through mineralization of the object. Import means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the tariff laws of the United States. Injurious Wildlife means any wildlife for which a permit is required under subpart B of part 16 of this subchapter before being imported into or shipped between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States. Mammal means a member of the class, Mammalia; including any part, product, egg, or offspring, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product. Migratory bird means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in § 10.13, or which is a mutation or a hybrid of any such species, including any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof. Migratory game birds: See § 20.11 of this subchapter. Mollusk means a member of the phylum, Mollusca, including but not limited to, snails, mussels, clams, oysters, scallops, abalone, squid, and octopuses; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product. Permit means any document designated as a “permit,” “license,” “certificate,” or any other document issued by the Service to authorize, limit, or describe activity and signed by an authorized official of the Service. Person means any individual, firm, corporation, association, partnership, club, or private body, any one or all, as the context requires. Plant means any member of the plant kingdom, including seeds, roots and other parts thereof. Possession means the detention and control, or the manual or ideal custody of anything which may be the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one's place and name. Possession includes the act or state of possessing and that condition of facts under which one can exercise his power over a corporeal thing at his pleasure to the exclusion of all other persons. Possession includes constructive possession which means not actual but assumed to exist, where one claims to hold by virtue of some title, without having actual custody. Public as used in referring to museums, zoological parks, and scientific or educational institutions, refers to such as are open to the general public and are either established, maintained, and operated as a governmental service or are privately endowed and organized but not operated for profit. Reptile means a member of the class, Reptilia, including but not limited to, turtles, snakes, lizards, crocodiles, and alligators; including any part, product, egg, or offspring thereof, or the dead body or parts thereof, whether or not included in a manufactured product or in a processed food product. Secretary means the Secretary of the Interior or his authorized representative. Service means the United States Fish and Wildlife Service, Department of the Interior. Shellfish means an aquatic invertebrate animal having a shell, including, but not limited to, (a) an oyster, clam, or other mollusk; and (b) a lobster or other crustacean; or any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product. State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam. Take means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect. (With reference to marine mammals, see Part 18 of this subchapter.) Transportation means to ship, convey, carry or transport by any means whatever, and deliver or receive for such shipment, conveyance, carriage, or transportation. United States means the several States of the United States of America, District of Columbia, Commonwealth of Puerto Rico, American Samoa, U.S. Virgin Islands, Guam, Commonwealth of the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Navassa Island, Palmyra Atoll, and Wake Atoll, and any other territory or possession under the jurisdiction of the United States. Whoever means the same as person. Wildlife means the same as fish or wildlife." 50:50:1.0.1.2.4.2.1.3,50,Wildlife and Fisheries,I,B,10,PART 10—GENERAL PROVISIONS,B,Subpart B—Definitions,,§ 10.13 List of Birds Protected by the Migratory Bird Treaty Act.,FWS,,,"[78 FR 65850, Nov. 1, 2013, as amended at 85 FR 21290, Apr. 16, 2020; 88 FR 49317, July 31, 2023]","(a) Legal authority for this list. The legal authorities for this list are the Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703-712), the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 742l), and the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j). The MBTA implements Conventions between the United States and four neighboring countries for the protection of migratory birds, as follows: (1) Canada: Convention between the United States and Great Britain [on behalf of Canada] for the Protection of Migratory Birds, August 16, 1916, 39 Stat. 1702 (T.S. No. 628), as amended; (2) Mexico: Convention between the United States and Mexico for the Protection of Migratory Birds and Game Mammals, February 7, 1936, 50 Stat. 1311 (T.S. No. 912), as amended; (3) Japan: Convention between the Government of the United States of America and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction, and Their Environment, March 4, 1972, 25 U.S.T. 3329 (T.I.A.S. No. 7990); and (4) Russia: Convention between the United States of America and the Union of Soviet Socialist Republics Concerning the Conservation of Migratory Birds and Their Environment, November 19, 1976, 20 U.S.T. 4647 (T.I.A.S. No. 9073). (b) Purpose of this list. The purpose is to inform the public of the species protected by regulations that enforce the terms of the MBTA. These regulations, found in parts 10, 20, and 21 of this chapter, cover most aspects of the taking, possession, transportation, sale, purchase, barter, exportation, and importation of migratory birds. (c) What species are protected by the Migratory Bird Treaty Act? Species protected as migratory birds are listed in two formats to suit the varying needs of the user: Alphabetically in paragraph (c)(1) of this section and taxonomically in paragraph (c)(2) of this section. Taxonomy and nomenclature generally follow the 7th edition of the American Ornithologists' Union's (AOU, now recognized as American Ornithological Society (AOS)) Checklist of North American birds (1998, as amended through 2021). For species not treated by the AOS Checklist, we generally follow Clements Checklist of Birds of the World (Clements et al. 2007, as updated through 2021). (1) Alphabetical listing. The table lists species alphabetically by common (English) group names, with the scientific name of each species following the common name. Table 1 to Paragraph ( c )(1)—Alphabetical Listing of Birds Protected by the Migratory Bird Treaty Act (2) Taxonomic listing. The table lists species in phylogenetic sequence by scientific name, with the common (English) name following the scientific name. To help clarify species relationships, we also provide the higher-level taxonomic categories of Order, Family, and Subfamily. Table 2 to Paragraph ( c )(2)—Taxonomic Listing of Birds Protected by the Migratory Bird Treaty Act" 50:50:1.0.1.2.4.3.1.1,50,Wildlife and Fisheries,I,B,10,PART 10—GENERAL PROVISIONS,C,Subpart C—Addresses,,§ 10.21 Director.,FWS,,,"[55 FR 48851, Nov. 23, 1990, as amended at 63 FR 52633, Oct. 1, 1998; 80 FR 26467, May 8, 2015]","(a) Mail forwarded to the Director for law enforcement purposes should be addressed to Chief, Office of Law Enforcement, at the address provided at 50 CFR 2.1(b). (b) Mail sent to the Director regarding permits for the Convention on International Trade in Endangered Species of Wild Fauna and Fauna (CITES), injurious wildlife, Wild Bird Conservation Act species, international movement of all ESA-listed endangered or threatened species, and scientific research on, exhibition of, or interstate commerce in nonnative ESA-listed endangered and threatened species should be addressed to: Director, U.S. Fish and Wildlife Service, (Attention: Division of Management Authority), at the address provided for the Division of Management Authority at 50 CFR 2.1(b). Address mail for the following permits to the Regional Director. In the address include one of the following: for import/export licenses and exception to designated port permits (Attention: Import/export license); for native endangered and threatened species (Attention: Endangered/threatened species permit); and for migratory birds and eagles (Attention: Migratory bird permit office). You can find addresses for regional offices at 50 CFR 2.2." 50:50:1.0.1.2.4.3.1.2,50,Wildlife and Fisheries,I,B,10,PART 10—GENERAL PROVISIONS,C,Subpart C—Addresses,,§ 10.22 Law enforcement offices.,FWS,,,"[78 FR 35151, June 12, 2013, as amended at 79 FR 43964, July 29, 2014]","(a) Service law enforcement offices are located in Service regional offices. Regional office addresses are provided at 50 CFR 2.2. Mail should be addressed to “Special Agent in Charge, Office of Law Enforcement, U.S. Fish and Wildlife Service” at the appropriate regional office address. Telephone numbers for Service law enforcement offices follow: (b) Any resident or official of a foreign country may contact the Service's Headquarters Office of Law Enforcement at the address provided at 50 CFR 2.1(b) or by telephone at 703-358-1949." 50:50:1.0.1.2.5.1.1.1,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,A,Subpart A—Introduction,,§ 11.1 Purpose of regulations.,FWS,,,,The regulations contained in this part provide uniform rules and procedures for the assessment of civil penalties in connection with violations of certain laws and regulations enforced by the Service. 50:50:1.0.1.2.5.1.1.2,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,A,Subpart A—Introduction,,§ 11.2 Scope of regulations.,FWS,,,"[81 FR 41865, June 28, 2016]","The regulations contained in this part apply only to actions arising under the following laws and regulations issued thereunder: (a) Lacey Act, 18 U.S.C. 42-43; (b) Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; (c) Bald and Golden Eagle Protection Act, 16 U.S.C. 668-668d; (d) Endangered Species Act of 1973, 16 U.S.C. 1531 et seq.; (e) Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.; (f) African Elephant Conservation Act, 16 U.S.C. 4201 et seq.; (g) Rhinoceros and Tiger Conservation Act, 16 U.S.C. 5301 et seq.; (h) Archaeological Resources Protection Act, 16 U.S.C. 470aa et seq.; (i) Paleontological Resources Protection Act, 16 U.S.C. 470aaa et seq.; (j) The Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq.; (k) Recreational Hunting Safety Act of 1994, 16 U.S.C. 5201 et seq.; and (l) Wild Bird Conservation Act, 16 U.S.C. 4901 et seq." 50:50:1.0.1.2.5.1.1.3,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,A,Subpart A—Introduction,,§ 11.3 Filing of documents.,FWS,,,,"(a) Whenever a document or other paper is required to be filed under this part within a certain time, such document or paper will be considered filed as of the date of the postmark if mailed, or the date actually delivered to the office where filing is required. The time periods set forth in this part shall begin to run as of the day following the date of the document or other paper. (b) If an oral or written application is made to the Director up to 10 calendar days after the expiration of a time period established in this part for the required filing of documents or other papers, the Director may permit a late filing within a fixed period where reasonable grounds are found for an inability or failure to file within the time period required. All such extensions shall be in writing. Except as provided in this subsection, no other requests for an extension of time may be granted." 50:50:1.0.1.2.5.2.1.1,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,B,Subpart B—Assessment Procedure,,§ 11.11 Notice of violation.,FWS,,,,"(a) A notice of violation (hereinafter “notice”), shall be issued by the Director and served personally or by registered or certified mail, return receipt requested, upon the person believed to be subject to a civil penalty (the respondent). The notice shall contain: (1) A concise statement of the facts believed to show a violation, (2) a specific reference to the provisions of the statute or regulation allegedly violated, and (3) the amount of penalty proposed to be assessed. The notice may also contain an initial proposal for compromise or settlement of the case. The notice shall also advise the respondent of his right to file a petition for relief pursuant to § 11.12, or to await the Director's notice of assessment. (b) The respondent shall have 45 days from the date of the notice of violation in which to respond. During this time he may: (1) Undertake informal discussions with the Director; (2) Accept the proposed penalty, or the compromise, if any, offered in the notice; (3) File a petition for relief; or (4) Take no action, and await the Director's decision, pursuant to § 11.13. (c) Acceptance of the proposed penalty or the compromise shall be deemed to be a waiver of the notice ef assessment required by § 11.14, and of the opportunity for a hearing. Any counter offer of settlement shall be deemed a rejection of the proposed offer of compromise." 50:50:1.0.1.2.5.2.1.2,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,B,Subpart B—Assessment Procedure,,§ 11.12 Petition for relief.,FWS,,,,"If the respondent so chooses he may ask that no penalty be assessed or that the amount be reduced, and he may admit or contest the legal sufficiency of the charge and the Director's allegations of facts, by filing a petition for relief (hereinafter “petition”) with the Director at the address specified in the notice within 45 days of the date thereof. The petition shall be in writing and signed by the respondent. If the respondent is a corporation, the petition must be signed by an officer authorized to sign such documents. It must set forth in full the legal or other reasons for the relief." 50:50:1.0.1.2.5.2.1.3,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,B,Subpart B—Assessment Procedure,,§ 11.13 Decision by the Director.,FWS,,,,"Upon expiration of the period required or granted for filing of a petition for relief, the Director shall proceed to make an assessment of a civil penalty, taking into consideration information available to him and such showing as may have been made by the respondent, either pursuant to § 11.11 or § 11.12, or upon further request of the Director." 50:50:1.0.1.2.5.2.1.4,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,B,Subpart B—Assessment Procedure,,§ 11.14 Notice of assessment.,FWS,,,,"The Director shall notify the respondent by a written notice of assessment, by personal service or by registered or certified mail, return receipt requested, of his decision pursuant to § 11.13. He shall set forth therein the facts and conclusions upon which he decided that the violation did occur and appropriateness of the penalty assessed." 50:50:1.0.1.2.5.2.1.5,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,B,Subpart B—Assessment Procedure,,§ 11.15 Request for a hearing.,FWS,,,"[81 FR 41865, June 28, 2016]","Except where a right to request a hearing is deemed to have been waived as provided in § 11.11, the respondent may, within 45 calendar days from the date of the notice of assessment referred to in § 11.14, file a dated, written request for a hearing with the Departmental Cases Hearings Division, Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101." 50:50:1.0.1.2.5.2.1.6,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,B,Subpart B—Assessment Procedure,,§ 11.16 Final administrative decision.,FWS,,,,"(a) Where no request for a hearing is filed as provided in § 11.15 the Director's assessment shall become effective and shall constitute the final administrative decision of the Secretary on the 45th calendar day from the date of the notice of assessment. (b) If a request for a hearing is timely filed in accordance with § 11.15, the date of the final administrative decision in the matter shall be as provided in subpart C of this part." 50:50:1.0.1.2.5.2.1.7,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,B,Subpart B—Assessment Procedure,,§ 11.17 Payment of final assessment.,FWS,,,,"When a final administrative decision becomes effective in accordance with this part 11, the respondent shall have 20 calendar days from the date of the final administrative decision within which to make full payment of the penalty assessed. Payment will be timely only if received in Office of the Director during normal business hours, on or before the 20th day. Upon a failure to pay the penalty, the Solicitor of the Department may request the Attorney General to institute a civil action in the U.S. District Court to collect the penalty." 50:50:1.0.1.2.5.3.1.1,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,C,Subpart C—Hearing and Appeal Procedures,,§ 11.21 Commencement of hearing procedures.,FWS,,,,"Proceedings under this subpart are commenced upon the timely filing with the Hearings Division of a request for a hearing, as provided in § 11.15 of subpart B. Upon receipt of a request for a hearing, the Hearings Division will assign an administrative law judge to the case. Notice of assignment will be given promptly to the parties, and thereafter, all pleadings, papers, and other documents in the proceeding shall be filed directly with the administrative law judge, with copies served on the opposing party." 50:50:1.0.1.2.5.3.1.2,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,C,Subpart C—Hearing and Appeal Procedures,,§ 11.22 Appearance and practice.,FWS,,,,"(a) Subject to the provisions of 43 CFR 1.3, the respondent may appear in person, by representative, or by counsel, and may participate fully in these proceedings. (b) Department counsel designated by the Solicitor of the Department shall represent the Director in these proceedings. Upon notice to the Director of the assignment of an administrative law judge to the case, said counsel shall enter his appearance on behalf of the Director and shall file all petitions and correspondence exchanged by the Director and the respondent pursuant to subpart B of this part, which shall become part of the hearing record. Thereinafter, service upon the Director in these proceedings shall be made to his counsel." 50:50:1.0.1.2.5.3.1.3,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,C,Subpart C—Hearing and Appeal Procedures,,§ 11.23 Hearings.,FWS,,,,"(a) The administrative law judge shall have all powers accorded by law and necessary to preside over the parties and the proceedings and to make decisions in accordance with 5 U.S.C. 554-557. Failure to appear at the time set for hearing shall be deemed a waiver of the right to a hearing and consent to the making of a decision on the record made at the hearing. Copies of the transcript may be inspected or copied. (b) The transcript of testimony, the exhibits, and all papers, documents, and requests filed in the proceedings, shall constitute the record for decision. The judge will render a written decision upon the record, which shall set forth his findings of fact and conclusions of law, and the reasons and basis therefor, and an assessment of a penalty, if any." 50:50:1.0.1.2.5.3.1.4,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,C,Subpart C—Hearing and Appeal Procedures,,§ 11.24 Final administrative action.,FWS,,,,"Unless a notice of request for an appeal is filed in accordance with § 11.25 of this subpart C, the administrative law judge's decision shall constitute the final administrative determination of the Secretary in the matter and shall become effective 30 calendar days from the date of the decision." 50:50:1.0.1.2.5.3.1.5,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,C,Subpart C—Hearing and Appeal Procedures,,§ 11.25 Appeal.,FWS,,,"[39 FR 1159, Jan. 4, 1974, as amended at 81 FR 41865, June 28, 2016]","(a) Either the respondent or the Director may seek an appeal from the decision of an administrative law judge rendered subsequent to January 1, 1974, by the filing of a “Notice of Request for Appeal” with the Director, Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101, within 30 calendar days of the date of the administrative law judge's decision. Such notice shall be accompanied by proof of service on the administrative law judge and the opposing party. (b) Upon receipt of such a request, the Director, Office of Hearings and Appeals, shall appoint an ad hoc appeals board to determine whether an appeal should be granted, and to hear and decide an appeal. To the extent they are not inconsistent herewith, the provisions of subpart G of the Department Hearings and Appeals Procedures in 43 CFR part 4 shall apply to appeal proceedings under this subpart. The determination of the board to grant or deny an appeal, as well as its decision on the merits of an appeal, shall be in writing and become effective as the final administrative determination of the Secretary in the proceeding on the date it is rendered, unless otherwise specified therein." 50:50:1.0.1.2.5.3.1.6,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,C,Subpart C—Hearing and Appeal Procedures,,§ 11.26 Reporting service.,FWS,,,"[81 FR 41865, June 28, 2016]","Copies of decisions in civil penalty proceedings instituted under statutes referred to in subpart A of this part and rendered subsequent to June 3, 1970, may be obtained by letter of request addressed to the Director, Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101. Fees for this service shall be as established by the Director of that Office." 50:50:1.0.1.2.5.4.1.1,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,D,Subpart D—Civil Monetary Penalty Inflation Adjustments,,§ 11.31 Definitions.,FWS,,,,"(a) Civil monetary penalty means any penalty, fine, or other sanction that: (1)(i) Is for a specific monetary amount as provided by Federal law; or (ii) Has a maximum amount provided for by Federal law; (2) Is assessed or enforced by an agency pursuant to Federal law; and (3) Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. (b) Inflation Adjustment Act means the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74, November 2, 2015, 129 Stat. 584, 28 U.S.C. 2461 note)." 50:50:1.0.1.2.5.4.1.2,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,D,Subpart D—Civil Monetary Penalty Inflation Adjustments,,§ 11.32 Purpose and scope.,FWS,,,,"The purpose of this part is to make the inflation adjustment, described in and required by the Inflation Adjustment Act, of each civil monetary penalty provided by law within the jurisdiction of the U.S. Fish and Wildlife Service." 50:50:1.0.1.2.5.4.1.3,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,D,Subpart D—Civil Monetary Penalty Inflation Adjustments,,§ 11.33 Adjustments to penalties.,FWS,,,"[81 FR 41865, June 28, 2016, as amended at 82 FR 6308, Jan. 19, 2017; 83 FR 5951, Feb. 12, 2018; 84 FR 15526, Apr. 16, 2019; 85 FR 10311, Feb. 24, 2020; 86 FR 15428, Mar. 23, 2021; 87 FR 13949, Mar. 11, 2022; 88 FR 5797, Jan. 30, 2023; 89 FR 7296, Feb. 2, 2024; 90 FR 40046, Aug. 18, 2025]",The civil monetary penalties provided by law within the jurisdiction of the U.S. Fish and Wildlife Service are adjusted as follows: 50:50:1.0.1.2.5.4.1.4,50,Wildlife and Fisheries,I,B,11,PART 11—CIVIL PROCEDURES,D,Subpart D—Civil Monetary Penalty Inflation Adjustments,,§ 11.34 Subsequent adjustments.,FWS,,,,"The Secretary of the Interior or his or her designee will, every year after August 1, 2016, make the inflation adjustment described in and required by the Inflation Adjustment Act of each civil monetary penalty provided by law and within the jurisdiction of the U.S. Fish and Wildlife Service. Each annual adjustment will be reflected in the table in § 11.33." 50:50:1.0.1.2.6.1.1.1,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,A,Subpart A—General Provisions,,§ 12.1 What is the purpose of the regulations in this part?,FWS,,,,"These regulations provide procedures that govern the seizure and administrative forfeiture or abandonment of property, as well as the disposal of such property, and the recovery of costs associated with handling and storage of seized property under various laws enforced by the Service." 50:50:1.0.1.2.6.1.1.2,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,A,Subpart A—General Provisions,,§ 12.2 What is the scope of the regulations in this part?,FWS,,,,"(a) The regulations in this part apply to all property seized or subject to administrative forfeiture under any of the following laws: (1) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq.; (2) The Airborne Hunting Act, 16 U.S.C. 742j-1; (3) The Endangered Species Act, 16 U.S.C. 1531 et seq.; (4) The Lacey Act, 18 U.S.C. 42; (5) The Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; (6) The Rhinoceros and Tiger Conservation Act, 16 U.S.C. 5301 et seq.; (7) The Antarctic Conservation Act, 16 U.S.C. 2401 et seq.; (8) The Paleontological Resources Protection Act, 16 U.S.C. 470aaa et seq.; and (9) The African Elephant Conservation Act, 16 U.S.C. 4201 et seq. (b) These regulations apply to the disposal of any property forfeited or abandoned to the United States under any of the following laws: (1) Any of the laws identified in paragraph (a) of this section; (2) The National Wildlife Refuge System Administration Act, 16 U.S.C. 668dd et seq.; (3) The Migratory Bird Treaty Act, 16 U.S.C. 703 et seq. (MBTA); (4) The Migratory Bird Hunting and Conservation Stamp Act, 16 U.S.C. 718 et seq.; (5) The Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.; (6) The Archeological Resources Protection Act, 16 U.S.C. 470aa et seq.; and (7) The Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq. (c) This part applies to all forfeitures administered by the Service with the exception of seizures and forfeitures under the statutes listed under 18 U.S.C. 983(i). The authority under this part to conduct administrative forfeitures derives from the procedural provisions of the Customs and Border Protection laws (19 U.S.C. 1602-1618) where those provisions are incorporated by reference in the substantive forfeiture statutes enforced by the Service." 50:50:1.0.1.2.6.1.1.3,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,A,Subpart A—General Provisions,,§ 12.3 What definitions do I need to know?,FWS,,,,"In addition to the definitions contained in parts 10, 14, 17, and 23 of this chapter, as well as other applicable Federal laws and regulations, in this part: Abandon means to relinquish to the United States all legal right you have to own, claim, or possess property and to forever give up any right, title, and interest in the property and waive any further rights or proceedings relative to the property other than whatever rights to seek relief expressly were reserved in the abandonment document you signed. Administrative forfeiture means the process by which property may be forfeited by a seizing agency rather than through a judicial proceeding. Administrative forfeiture has the same meaning as nonjudicial forfeiture, as that term is used in 18 U.S.C. 983. Authorized officer means a person or entity who is acting as an agent, trustee, partner, corporate officer, director, supervisory employee, or any other representative designated to act on behalf of an individual, corporation, partnership, or any other entity asserting that they are an interested party. Claim means a written declaration regarding property for which the Service has proposed forfeiture and that meets the statutory requirements of 18 U.S.C. 983(a)(2), including: (1) Timely submission; (2) Containing required information regarding identification of the specific property being claimed; (3) Stating the claimant's interest in the property; (4) Requesting the initiation of judicial forfeiture proceedings; and (5) Made under oath subject to penalty of perjury. Contraband means any fish, wildlife, or plant that either: (1) Is inherently illegal to import, export, or possess; or (2) Has been taken, possessed, bred, imported, exported, acquired, transported, purchased, sold, or offered for sale or purchase contrary to law. Declaration of forfeiture means a written declaration by the Service or the Solicitor describing the property forfeited and stating the date, time, place, and reason for forfeiture. The declaration will also describe the date and manner in which notice of seizure and proposed forfeiture was sent to the property owner. If notice was never successfully delivered, the declaration will describe efforts made to deliver any notice of seizure and proposed forfeiture. Detention means the holding for further investigation of fish, wildlife, or plants and any associated property that is neither immediately released nor seized but is temporarily held by Service officers under 50 CFR part 14. Directed reexport means the prompt export at the expense of the importer or consignee of imported shipments that have been refused entry by the Service into the United States. Director means the Director of the U.S. Fish and Wildlife Service, Department of the Interior, or an authorized representative (as defined in 50 CFR 10.12). Interested party or parties means any person(s) who appears to be a person having an interest in property based on the facts known to the seizing agency before a declaration of forfeiture is entered. Other property that is illegal to possess means any fish, wildlife, or plant that may not be legally possessed or held due to extrinsic circumstances. Petition for remission is a request in an administrative forfeiture proceeding for the Solicitor to exercise equitable discretion on behalf of the Department and to release the property seized. Remission of forfeiture is discretionary. Property subject to administrative forfeiture means any property of the kinds described in 19 U.S.C. 1607(a) to the extent not inconsistent with the provisions of the incorporating wildlife laws (identified in § 12.2) pursuant to which forfeiture is sought. Property subject to forfeiture means all property that Federal law authorizes to be forfeited to the United States in any administrative forfeiture proceeding, or in any civil judicial forfeiture, or in any criminal forfeiture proceeding. Solicitor means the Solicitor of the U.S. Department of the Interior or an authorized representative or designee. Value means the value of property as determined by the Service. For property having a legal market in the United States, the Service will use the reasonable declared value or the estimated market value at the time and place of seizure, if such or similar property was freely offered for sale between a willing seller and a willing buyer. For property that may not be sold in the United States, the Service will use other reasonable means, including, but not limited to, the Service's knowledge of sale prices in illegal markets or the replacement cost. We means the U.S. Fish and Wildlife Service." 50:50:1.0.1.2.6.1.1.4,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,A,Subpart A—General Provisions,,§ 12.4 When and how must documents be filed or issued?,FWS,,,,"(a) Whenever this part requires or allows you to file a document on or before a certain date, you are responsible for submitting that document so as to reach the Government office designated for receipt by the time specified. You may use the U.S. Postal Service (USPS), a commercial carrier, or electronic or facsimile transmission. We will consider the document filed on the date on which the document is received by the Government office designated for receipt. Acceptable evidence to establish the time of receipt by the Government office includes any official USPS receipt, commercial carrier signature log, time/date stamp placed by the Government on the document, other documentary evidence of receipt maintained by that Government office, or oral testimony or statements of Government personnel. (b) Whenever this part requires or allows the Government to issue or file a document on or before a certain date, the document will be considered to be issued or filed on the date on which the document was placed in the USPS system, delivered to a commercial carrier, or sent by electronic or facsimile transmission. Acceptable evidence to establish the time of filing or issuance by the Government includes any official USPS sender's receipt, commercial carrier receipt log, and time/date stamp placed by the government office on the document, other documentary evidence of receipt maintained by that office, or oral testimony or statements of Government personnel." 50:50:1.0.1.2.6.1.1.5,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,A,Subpart A—General Provisions,,§ 12.5 How does the Service handle seizures made by other agencies?,FWS,,,,"(a) If an authorized employee or officer of another Federal or State or local law enforcement agency seized your fish, wildlife, or plant or other property under any of the laws listed in § 12.2, the Service may request the delivery of the seized property to the appropriate Special Agent in Charge (SAC), Office of Law Enforcement, or to an authorized designee. The addresses for SACs are listed in § 2.2 of this subchapter, and telephone numbers are listed in § 10.22 of this subchapter. The SAC or authorized designee will hold the seized fish, wildlife, or plants or other property subject to forfeiture and arrange for its proper handling and care. Forfeiture proceedings must be initiated by notice to the interested parties within 90 days of the date of seizure by the Federal, State, or local law enforcement agency. (b) If you use any U.S. Customs and Border Protection (CBP) form (forms may be amended or superseded) to voluntarily abandon any fish, wildlife, or plants or other property subject to forfeiture in lieu of Service Form 3-2096, Fish and Wildlife Abandonment Form, the Service may request that CBP transfer the property to the Service for final disposition." 50:50:1.0.1.2.6.1.1.6,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,A,Subpart A—General Provisions,,§ 12.6 How does the Service release seized property under a bond?,FWS,,,,"(a) When an administrative forfeiture is pending, the Service may at its discretion accept an appearance bond or other security from you in place of any property authorized for seizure by civil forfeiture under any Act listed in § 12.2. If you file a judicial claim, then early release of property must be handled under the provisions of 18 U.S.C. 983(f). (b) You may post an appearance bond or other security in place of seized property only if the Service, at its discretion, authorizes the acceptance of the bond or security and the following conditions are met: (1) You must complete Service Form 3-2095, Cash Bond for Release of Seized Property; (2) The Service may release your seized property only to you (the owner) or your designated representative; and (3) Your possession of the property may not violate or undermine the purpose or policy of any applicable law or regulation." 50:50:1.0.1.2.6.2.1.1,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,B,Subpart B—Notification Requirements,,§ 12.11 How is personal notification of seizure and proposed forfeiture provided?,FWS,,,,"An administrative forfeiture proceeding begins when notice is first published in accordance with § 12.12, or the first personal written notice is sent in accordance with the regulations in this section, whichever occurs first. (a) Manner of providing notice. After seizing property subject to administrative forfeiture, the Service or the Solicitor, in addition to publishing notice of the seizure, will send personal written notice of the seizure to each interested party in a manner reasonably calculated to reach such parties. The notice of seizure and proposed forfeiture will not be sent to any person who signed an abandonment form. The notice of seizure and proposed forfeiture will be sent by U.S. registered or certified mail, express mail, or commercial carrier, all with proof of delivery and return receipt requested. The notice will be sent to an address that has been provided on shipping or other documents accompanying the property or on your permit or license application, unless the Service or the Solicitor has actual notice of a different address. (b) Content of personal written notice. The personal written notice sent by the Service or the Solicitor will contain the following information: (1) A description of the seized property; (2) The name, title, and business address to whom any petition for remission or claim for judicial proceedings must be filed, as well as a seizure tag number; (3) The date and place of seizure, and the estimated value of the property as determined under § 12.3; (4) A reference to provisions of law or regulations under which the property is subject to forfeiture; (5) A statement that the Service or the Solicitor intends to proceed with administrative forfeiture proceedings; (6) The date when the personal written notice is sent; (7) The deadline for filing claims for judicial forfeiture proceedings, which is 35 days after the personal written notice is sent, as well as the deadline for filing petitions for remission; and (8) A statement that any interested party may file a claim or petition for remission by the deadline. (c) Date of personal notice. Personal written notice is sent on the date when the Service or the Solicitor places the notice in the mail, delivers it to a commercial carrier, or otherwise sends it by means reasonably calculated to reach the interested party. (d) Timing of notification. The Service or the Solicitor will notify you in writing of any seizure of your property as soon as practicable and not more than 60 days after the date of seizure. If property is detained at an international border or port of entry for the purpose of examination, testing, inspection, obtaining documentation, or other investigation relating to the importation or the exportation of the property, the 60-day period will begin to run when the period of detention ends, if the Service seizes the property for the purpose of forfeiture to the United States. (e) Exceptions to the 60-day notification requirement. The exceptions in 18 U.S.C. 983(a)(1), including but not limited to the exceptions listed in this paragraph (e), apply to the notice requirement under paragraph (d) of this section. (1) If the identity or interest of an interested party is determined after the seizure of the property but before entering a declaration of forfeiture, the Service or the Solicitor will send written notice to such interested party under paragraph (a) of this section not more than 60 days after the date that the identity of the interested party or the interested party's interest is determined. (2) For the purposes of this section, we do not consider property that has been refused entry, held for identification, held for an investigation as evidence, or detained for less than 30 days under part 14 of this chapter, to be seized. (3) If, before the time period for sending notice expires, the Government files a civil judicial forfeiture action against the seized property and provides notice of such action as required by law, personal notice of administrative forfeiture is not required under paragraph (a) of this section. (4) If, before the time period for sending notice expires, the Government does not file a civil judicial forfeiture action, but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture, the Government will either: (i) Send notice within the 60 days specified under paragraph (a) of this section and continue the administrative civil forfeiture proceeding; or (ii) Terminate the administrative civil forfeiture proceeding and take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute. (f) Extensions to the 60-day notification requirement. The Director may extend the 60-day deadline for sending personal written notice under these regulations in a particular case one time, for a period not to exceed 30 days, unless further extended by a court, only if the Director determines that the notice may have an adverse result including endangering the life or physical safety of an individual, flight from prosecution, destruction of or tampering with evidence, intimidation of potential witnesses, or otherwise seriously jeopardizing an investigation or unduly delaying a trial." 50:50:1.0.1.2.6.2.1.2,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,B,Subpart B—Notification Requirements,,§ 12.12 How is public notification of seizure and proposed forfeiture provided?,FWS,,,,"(a) After seizing property subject to administrative forfeiture, the Service will select from the following options a means of publication reasonably calculated to notify potential claimants of the seizure and the Service's intent to forfeit and sell or otherwise dispose of the property: (1) Publication once each week for at least 3 successive weeks in a newspaper generally circulated in the judicial district where the property was seized; or (2) Posting a notice on the official government internet site at http://www.fws.gov/fwsforfeiture/ for at least 30 consecutive days. (b) The published notice will: (1) Describe the seized property; (2) State the date, statutory basis, and place of seizure; (3) State the deadline for filing a claim when personal written notice has not been received, which must be at least 30 days after the date of final publication of the notice of seizure; and (4) State the name, title, and business address to whom any petition for remission or claim for judicial proceedings must be filed." 50:50:1.0.1.2.6.2.1.3,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,B,Subpart B—Notification Requirements,,§ 12.13 How is a declaration of forfeiture issued?,FWS,,,,"(a) If the seizing agency commences a timely proceeding against property subject to administrative forfeiture, and either no valid and timely claim is filed or the seized property is not released in response to a petition or supplemental petition for remission, the Service or the Solicitor will declare the property forfeited to the United States for disposition according to law. The declaration of forfeiture will have the same force and effect as a final decree and order of forfeiture in a Federal judicial forfeiture proceeding. (b) The declaration of forfeiture will describe the property and state the date, time, place, and reason for the seizure of the property. The declaration of forfeiture will refer to the notice of seizure and proposed forfeiture and describe the dates and manner in which the notice of seizure and proposed forfeiture was sent to you. If we have no proof of delivery to you of the notice of seizure and proposed forfeiture, the declaration of forfeiture will describe the efforts made to deliver the notice of seizure and proposed forfeiture to you." 50:50:1.0.1.2.6.2.1.4,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,B,Subpart B—Notification Requirements,,§ 12.14 What happens if the required notification of seizure and proposed forfeiture is not provided?,FWS,,,,"Under 18 U.S.C. 983(a)(1)(F), if the Service or the Solicitor does not send notice of a seizure of property in accordance with that section to the person from whom the property was seized, and no extension of time was granted, the Government is required to return the property to that person, unless the property is contraband or other property that is illegal to possess. Any return of property under this section does not prejudice the right of the Government to commence a forfeiture proceeding at a later time." 50:50:1.0.1.2.6.3.1.1,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,C,Subpart C—Forfeiture Proceedings,,§ 12.31 What are the basic types of forfeiture proceedings?,FWS,,,,"(a) Property seized for violations of the laws identified in § 12.2 and subject to forfeiture may be forfeited, depending upon the nature of the property and the law involved, through criminal forfeiture proceedings, civil judicial procedures, or civil administrative procedures. (b) The process used also may be determined in certain circumstances by the actions of an interested party. For example, a person claiming property seized in an administrative civil forfeiture proceeding under a civil forfeiture statute may choose to file a claim after the seizure rather than to pursue administrative relief through a petition for remission of forfeiture. (c) A claim that is timely and contains the information required by § 12.36 will terminate the administrative proceeding and will cause the Service, through the Solicitor, to refer the claim to the U.S. Department of Justice with the request that a judicial forfeiture action be instituted in Federal court." 50:50:1.0.1.2.6.3.1.2,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,C,Subpart C—Forfeiture Proceedings,,§ 12.32 When may the Service or the Solicitor obtain administrative forfeiture of my property?,FWS,,,,"If your fish, wildlife, plant or other property is subject to forfeiture under any Act listed in § 12.2, and it is also property subject to administrative forfeiture, the Service or the Solicitor may initiate an administrative forfeiture proceeding of the property under the forfeiture procedures described in this subpart." 50:50:1.0.1.2.6.3.1.3,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,C,Subpart C—Forfeiture Proceedings,,§ 12.33 How do I file a petition for remission of forfeiture requesting the release of my property?,FWS,,,,"(a) If you are an interested party, you may file a petition for remission of forfeiture with the Service to return seized property that is subject to administrative forfeiture. Upon receiving the petition, the Service will refer the petition to the Solicitor to decide whether to grant relief. (b) You must file your petition for remission within 35 days from the date of the delivery of the notice of seizure and proposed forfeiture, if you or any interested party receives the notice of seizure and proposed forfeiture. If you do not receive the notice of seizure and proposed forfeiture, we must receive the petition for remission that you file not later than 30 days from the date of last posting of the public notice of the seizure of the property. (c) Petitions for remission of forfeiture must be concise and logically presented to facilitate review by the Solicitor. The Solicitor may dismiss a petition for remission that fails to substantially comply with any of the information required by this paragraph (c). The petition for remission of forfeiture must contain the following: (1) The name and address of the person claiming the interest in the seized property who is seeking remission. (2) The name of the seizing agency, the asset identifier number, and the date and place of seizure. (3) A complete description of the property. (4) A description of the petitioner's interest in the property as owner, lienholder, or otherwise, supported by original or certified bills of sale, contracts, deeds, mortgages, or other documentary evidence. (5) A statement containing all of the facts and circumstances you use to justify the remission of the forfeiture. If you rely on an exemption or an exception to a prohibition under any Act listed in § 12.2, you must demonstrate how that exemption or exception applies to your particular situation. (6) A statement containing all of the facts and circumstances you contend support any innocent owner's defense allowed by 18 U.S.C 983(d) that you are asserting. No person may assert an innocent owner's interest in property that is contraband or other property that is illegal to possess. A petitioner has the burden of proving by a preponderance of the evidence that the petitioner is an “innocent owner” as defined in 18 U.S.C 983(d). (7) A statement that the information furnished is, to the best of your knowledge and belief, complete, true, and correct and that you recognize false statements may subject you to criminal penalties under 18 U.S.C 1001. (d) In addition to the contents of the petition for remission described in paragraph (c) of this section, upon request, the petitioner must also furnish the agency with instruments executed by each known party with an interest in the property releasing that interest. (e) A petition for remission of property subject to administrative forfeiture must be addressed to the appropriate office identified in the notice of forfeiture. (f) Your petition for remission must be signed by you or your lawyer. If a lawyer files on behalf of the petitioner, the petition must include a signed and sworn statement by the client-petitioner stating that: (1) The lawyer has the authority to represent you in the proceeding; (2) You have fully reviewed the petition; and (3) The petition is truthful and accurate in every respect to the best of your knowledge and belief. (g) If the petitioner is a corporation, the petition must be signed by an authorized officer, supervisory employee of the corporation, or a lawyer representing the corporation, and the corporate seal must be properly affixed to the signature. (h) If you file a claim to the property, as described in § 12.36, the administrative proceeding will be terminated and the Solicitor will no longer have the opportunity or authority to review or rule on the petition for remission of the property." 50:50:1.0.1.2.6.3.1.4,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,C,Subpart C—Forfeiture Proceedings,,§ 12.34 What are the standards for remission of forfeiture?,FWS,,,,"(a) A petition for remission must include evidence that either: (1) The petitioner is an interested party or owner as defined in this part; or (2) The knowledge and responsibilities of the petitioner's representative, agent, or employee are ascribed to the petitioner where the representative, agent, or employee was acting in the course of his or her employment and in furtherance of the petitioner's business. (b) The petitioner has the burden of establishing the basis for granting a petition for remission of property and for granting a reconsideration of a denial of such a petition. Failure to provide information or documents or to submit to interviews, when requested by the Solicitor, may result in a denial of the petition. (c) The Solicitor will consider relevant information that you submit, as well as other information available to the Solicitor relating to the matter. The Solicitor will review the basis for the seizure, and in the absence of evidence to the contrary, will presume a valid seizure. (d) Willful, materially false statements or information, made or furnished by the petitioner in support of a petition for remission or the reconsideration of a denial of any such petition, will be grounds for denial of the petition and possible prosecution for filing of false statements. (e) The Solicitor will consider the following principles, if applicable, when making a decision on a petition for remission: (1) Remission is an equitable remedy and is discretionary with the Solicitor. (2) The Solicitor may grant remission of property if the Solicitor determines that mitigating circumstances justify the remission and then only under such terms and conditions as are reasonable and just. (i) Mitigating factors that may be considered for the sole and limited purpose of remission of forfeiture include, but are not limited to, whether: (A) The facts demonstrate your honest and good-faith intent and effort to comply with the law; (B) You did not have the ability to prevent the violation; (C) No evidence exists that you have engaged in past conduct similar to the violation; (D) You have taken meaningful steps, including enforcement mechanisms ( e.g., contractual or monetary), to prevent any violations; and (E) The return of the property combined with imposition of monetary and/or other conditions of mitigation in lieu of a complete forfeiture will promote the interest of justice. (ii) These factors are not intended to be all inclusive and do not constitute authority in and of themselves. (3) The Solicitor will make all remission decisions with due consideration for the cumulative conservation impacts of the remission including, but not limited to, whether: (i) The species is listed in Appendix I, II, or III under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (See § 23.91 of this chapter); (ii) The species is listed in part 17 of this chapter as “threatened” or “endangered” under the Endangered Species Act (16 U.S.C. 1531 et seq. ); (iii) The violation increased the regulatory burden on government agencies; or (iv) Remission may have an adverse effect on the integrity of any applicable permitting system or may provide an incentive to third parties to avoid meeting CITES requirements. (4) The Solicitor has the discretion to condition a grant of remission of the seized property, in whole or in part, on terms and conditions that are reasonable and just. The Solicitor further has the discretion to grant remission for the limited purpose of directed reexport to the exporter of record provided that the reexport benefits enforcement and administration of applicable wildlife laws. Any terms and conditions of remission will be in writing and may include but are not limited to payment of those costs and expenses that the United States may, as a matter of applicable law, recover for the property. (i) Shipment of any released property will be at your sole cost, and the risk of loss from such shipment will be your risk. (ii) Property for which remission is granted will be released only after successful completion of all terms and conditions of remission, proper identification of the recipient of the property, and your execution of a property receipt provided by the Solicitor or the Service acknowledging receipt of the remitted property. (5) Any decision to grant remission is separate from and does not preclude or otherwise provide relief from civil enforcement against the person or persons who committed the violations associated with the seizure and proposed forfeiture of the property. To expedite the resolution of any civil penalties that may be brought against you under the ESA (16 U.S.C. 1531 et seq. ), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq. ), or the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq. ) in connection with violations involving any wildlife for which remission is to be granted, the Solicitor has the sole discretion to give you the opportunity to completely or partially settle the civil penalty claim at the same time that remission is granted by executing a written agreement setting forth the terms and conditions of the civil penalty settlement. Such an agreement may be included in the written documentation of the terms and conditions of the parallel remission of forfeiture provided that: (i) The terms and conditions of the civil penalty settlement are clearly delineated as relating separately and solely to any civil penalty claims; and (ii) The wildlife owner agrees in writing to waive any notice of violation and notice of assessment required by part 11 of this subchapter and the opportunity for a hearing as conditions of civil penalty settlement." 50:50:1.0.1.2.6.3.1.5,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,C,Subpart C—Forfeiture Proceedings,,§ 12.35 How will the Solicitor notify me of the decision on my petition for remission?,FWS,,,,"(a) The Solicitor will notify you in writing of any decision to grant or deny a petition for remission or to dismiss the petition for failure to provide the information required in this part or to timely file that petition. The notification will advise you of the reasons for the decision made and the options, if any, available to you for addressing the decision. (b) In the event that the Solicitor denies your petition for remission of forfeiture, you may file a supplemental petition for reconsideration if you have information or evidence not previously considered that is material to the basis for the denial or new documentation clearly demonstrating that the denial was erroneous. A supplemental petition must be received within 60 days from the date of the Solicitor's notification denying the original petition. You may file only one supplemental petition. The Solicitor's decision on your petition for remission will be the decision for the Service." 50:50:1.0.1.2.6.3.1.6,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,C,Subpart C—Forfeiture Proceedings,,§ 12.36 How do I file a claim to get back my seized property?,FWS,,,,"(a) If you receive a notice of seizure and proposed forfeiture, you may file a claim to the property by the deadline stated in the notice of seizure and proposed forfeiture. This deadline will be 35 days after the notice is mailed. (b) If you did not receive a notice of seizure and proposed forfeiture, your claim must be received by the appropriate office not later than 30 days from the last date of final publication of the notice of the seizure of the property. (c) A claim does not have to be in any particular form, but your claim must: be in writing, identify the specific property being claimed, state your interest in the specific property being claimed, and be made under oath subject to penalty of perjury. We will make a claim form available to you upon request. (d) Your claim, by itself, will not entitle you or any other person to possession of the property. No bond is required to make a claim for judicial forfeiture proceedings. Rather, your claim will result in the Service referring the case, through the Solicitor, to the Department of Justice for civil judicial forfeiture. However, if you request possession of the property pending an administrative forfeiture decision under § 12.6, you will be required to post a bond under § 12.6 if your request is granted. This bond is only required to obtain interim possession of the property. (e) Your claim must be made under oath by you as the claimant and not by an attorney or agent. (f) If you are an individual claimant, you must sign the claim. (1) If the claimant is a corporation or a form of limited liability business entity organized under a State law, an authorized officer or supervisory employee of the entity must sign the claim. (2) If the claimant is a partnership or limited partnership, any general partner may sign the claim. (3) If the claimant is a trust, estate, or fiduciary entity, such as a person to whom property is entrusted, the chief officer authorized by the trust, estate, or fiduciary entity must sign the claim." 50:50:1.0.1.2.6.3.1.7,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,C,Subpart C—Forfeiture Proceedings,,§ 12.37 Can I get my property back while the claim is pending?,FWS,,,,"If you have filed a claim and you think that continued possession of the property by the United States during the forfeiture proceeding will cause you substantial hardship, you may request under 18 U.S.C. 983(f) that the Service return the property to you pending the resolution of the judicial forfeiture proceeding. In determining whether to grant or deny your request, the Service will consider the factors set out in 18 U.S.C. 983(f). You must furnish evidence substantiating the hardship, and that none of the conditions set forth in 18 U.S.C. 983(f)(8) apply; for example, the property may not be contraband." 50:50:1.0.1.2.6.3.1.8,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,C,Subpart C—Forfeiture Proceedings,,§ 12.38 What happens if my property is subject to civil judicial actions to obtain forfeiture?,FWS,,,,"If a claim is filed in the forfeiture proceeding under § 12.36, the Solicitor will refer the case to the Department of Justice to include in a civil forfeiture complaint or in a criminal indictment." 50:50:1.0.1.2.6.4.1.1,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,D,Subpart D—Abandonment Procedures,,§ 12.51 May I simply abandon my interest in the property?,FWS,,,,"You may voluntarily abandon your interest in property to the United States by signing Service Form 3-2096, Fish and Wildlife Abandonment Form, or equivalent Federal, State, Tribal, or local form, or by signed letter to the Service or the Solicitor containing substantially the same information as Form 3-2096." 50:50:1.0.1.2.6.4.1.2,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,D,Subpart D—Abandonment Procedures,,§ 12.52 Can I file a petition for remission for my abandoned property?,FWS,,,,"You may file a petition for remission of abandoned property with the Service and seek the return of property you had voluntarily abandoned, within the time period described in § 12.33. If you have agreed to abandon property, your right to seek relief is limited to whatever process expressly was reserved in the abandonment document you signed." 50:50:1.0.1.2.6.5.1.1,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,E,Subpart E—Disposal of Forfeited or Abandoned Property,,§ 12.61 What is the purpose of this subpart?,FWS,,,,This subpart contains the provisions under which the Service will dispose of any property forfeited or abandoned to the United States. 50:50:1.0.1.2.6.5.1.10,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,E,Subpart E—Disposal of Forfeited or Abandoned Property,,§ 12.70 When may the Service destroy forfeited or abandoned property?,FWS,,,,"(a) The Service may destroy fish, wildlife, or plants under the provisions set forth in §§ 12.65 and 12.66. (b) The Service official who performs the destruction of fish, wildlife, or plants and a witness must certify the completion of the destruction, the method of the destruction, the date of the destruction, and the type and quantity of fish, wildlife, or plants destroyed. (c) The Service will comply with all applicable laws regarding the destruction of the fish, wildlife, or plants and regarding the disposal of any residue or wastes resulting from the method of the destruction of the fish, wildlife, or plants." 50:50:1.0.1.2.6.5.1.2,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,E,Subpart E—Disposal of Forfeited or Abandoned Property,,§ 12.62 How does the Service keep track of forfeited or abandoned property?,FWS,,,,"The Service must account in official records for all property forfeited or abandoned under this subpart. These records must include the following information: (a) A description of the property; (b) The date and place of the seizure of the property, and, if appropriate, the seizure tag number, and the date of forfeiture or abandonment of the property; (c) The investigative case file number associated with the property; (d) The name of any person known to have or to have had an interest in the property; (e) The date, place, and manner of the disposal of the property; (f) The name of the official responsible for the disposal of the property; and (g) The value of the property." 50:50:1.0.1.2.6.5.1.3,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,E,Subpart E—Disposal of Forfeited or Abandoned Property,,"§ 12.63 When may the Service return live fish, wildlife, or plants to the wild?",FWS,,,,"(a) The Service may release any live member of a native species of fish, wildlife, or plant that is capable of surviving in the wild into suitable habitat within the historical range of the species in the United States, with the permission of the landowner and the State, unless that release poses an imminent danger to public health or safety, or presents a known threat of disease transmission to other fish, wildlife, or plants. (b) The Service may transplant any live member of a native species of plant that is capable of surviving into suitable habitat on Federal or other protected lands within the historical range of the species in the United States, with the permission of the appropriate land-management agency. (c)(1) The Service may not return to the wild any live member of an exotic, nonnative species of fish, wildlife (including injurious wildlife), or plant, within the United States. The Service may return such live member that is capable of surviving in the wild to one of the following countries for return to suitable habitat: (i) The country of export, if known, after consultation with that country; or (ii) A country that is within the historical range of the species and that is a party to CITES (Treaties and Other International Acts Series, TIAS 8249) after consultation with that country. (2) Any return of fish, wildlife, or plants under paragraph (c)(1) of this section must comply with applicable laws, including CITES and the domestic laws of that country. (3) We may require that the return of fish, wildlife, or plants under paragraph (c)(1) of this section be at the expense of that country, the transporter, the violator, or others as provided by law." 50:50:1.0.1.2.6.5.1.4,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,E,Subpart E—Disposal of Forfeited or Abandoned Property,,§ 12.64 How does forfeiture or abandonment affect the status of the property?,FWS,,,,"(a) After property has been forfeited or abandoned, the prior illegal status of the property, due to violations of any Act listed in § 12.2 that led to the forfeiture or abandonment of the property, is terminated. However, any subsequent holder or owner of the property must comply with all prohibitions, restrictions, conditions, or requirements that apply to a particular species of fish, wildlife, or plant under any Act listed in § 12.2, or any other applicable Federal, State, Tribal, or foreign law or regulation. (b) When releasing property under the provisions of this subpart, the Service will prescribe the conditions under which the property may be possessed and used and will reserve the right to resume possession of the property if it is possessed or used in violation of those conditions." 50:50:1.0.1.2.6.5.1.5,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,E,Subpart E—Disposal of Forfeited or Abandoned Property,,§ 12.65 How does the Service dispose of forfeited or abandoned property?,FWS,,,,"(a) The Service will dispose of any fish, wildlife, or plant forfeited or abandoned by one of the following means, unless the item is the subject of a petition for remission of forfeiture under § 12.33 or disposed of by court order (items will be disposed of in order of priority listed below): (1) Return to the wild, as described in § 12.63(a); (2) Transfer for use by the Service; transfer to the National Eagle and Wildlife Property Repository; transfer to a Tribe, where the item is credibly identified as an object of cultural patrimony; or transfer to another government agency for official use; (3) Donation or loan; (4) Sale; or (5) Destruction. (b) The Service may use forfeited or abandoned fish, wildlife, or plants or transfer them to another government agency, including foreign government agencies, for official use including, but not limited to, one or more of the following purposes: (1) Training government officials to perform their official duties; (2) Identifying protected fish, wildlife, or plants, including forensic identification or research; (3) Educating the public concerning the conservation of fish, wildlife, or plants; (4) Conducting law enforcement operations in performance of official duties; (5) Enhancing the propagation or survival of a species or other scientific purposes; (6) Presenting as evidence in a legal proceeding involving the fish, wildlife, or plants; or (7) Returning the live fish, wildlife, or plants to the wild under § 12.63. (c) The Service must document each transfer and the terms of each transfer. (d) A government agency, including a foreign government agency, receiving the fish, wildlife, or plants may be required to pay all of the costs of care, storage, and transportation in connection with the transfer of the fish, wildlife, or plants, from the date of seizure, refused entry, or detention to the date of delivery. (e) The Service must dispose of forfeited or abandoned property, other than fish, wildlife, or plants, including vehicles, vessels, aircraft, cargo, guns, nets, traps, and other equipment, as allowed under current Federal property management regulations. (f) When disposing of property, the Service must follow these guidelines: (1) The Service may dispose of any live fish, wildlife, or plant immediately upon order of forfeiture or abandonment of the property, if the Service determines that the property is likely to perish, deteriorate, decay, waste, or greatly decrease in value if maintained by the Service, or if the expense of maintaining that property is disproportionate to its value; or (2) The Service may dispose of all other property no sooner than 30 days after an order of forfeiture or abandonment of the property. (g) If the property is the subject of a pending petition for remission of forfeiture under § 12.35, the Service may not dispose of the property until the Solicitor or the Attorney General, pursuant to 28 CFR part 9, makes a final decision regarding whether relief will be granted." 50:50:1.0.1.2.6.5.1.6,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,E,Subpart E—Disposal of Forfeited or Abandoned Property,,§ 12.66 How does the Service dispose of seized injurious fish or wildlife?,FWS,,,,"(a) The Service will order immediate reexport or destruction of any seized injurious fish or wildlife imported or transported in violation of our injurious species regulations in part 16 of this subchapter. (b) The importer, exporter, or transporter will be responsible for all costs associated with the reexport or destruction of any seized injurious fish or wildlife imported, exported, or transported in violation of our injurious species regulations in part 16 of this subchapter. (c) Any live or dead specimen, part, or product of any fish or wildlife species listed as injurious under part 16 of this subchapter will be disposed of in a manner that minimizes, to the greatest extent practicable, the possibility that additional specimens will be imported or transported in violation of our injurious species regulations in part 16 of this subchapter." 50:50:1.0.1.2.6.5.1.7,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,E,Subpart E—Disposal of Forfeited or Abandoned Property,,§ 12.67 When may the Service donate forfeited or abandoned property?,FWS,,,,"(a) The Service may donate forfeited or abandoned fish, wildlife, or plants, for scientific, educational, or public display purposes, when consistent with applicable law. The donation may be made to any person, government agency (including foreign government agencies) or public organization, as defined in § 10.12 of this subchapter. The donee must have the demonstrated ability to provide adequate care and security for the fish, wildlife, or plants. (b) A transfer document between the Service and the person, government agency (foreign or domestic), or public organization receiving the fish, wildlife, or plants, must be completed before any donation of fish, wildlife, or plants takes place. Form SF-123, Transfer Order Surplus Personal Property, should be used for transfers with agencies or persons outside of the Department of the Interior, and Form DI-104, Transfer of Property, should be used for transfers with agencies within the Department of the Interior. The donation is subject to the following conditions: (1) The transfer document must state the purpose for which the fish, wildlife, or plants will be used. (2) Any attempt by the recipient to use the donation for any purpose other than that specifically stated on the transfer document entitles the Service to immediately repossess the fish, wildlife, or plants or their offspring. (3) The recipient may be required to pay all of the costs associated with the transfer of the fish, wildlife, or plants, or their offspring, including the costs of care, storage, transportation, and return to the Service, if applicable. (4) The recipient may not sell the fish, wildlife, or plants, or their offspring. (5) The recipient may be required to show the Form SF-123, DI-104, or any other transfer document that was received. (6) The recipient is subject to the prohibitions, restrictions, conditions, or requirements that may apply to a particular species of fish, wildlife, or plant imposed by Federal, State, Tribal, or foreign law or regulation. (7) Any attempt to retransfer a donation without the prior authorization of the Service entitles the Service to immediately repossess the fish, wildlife, or plants, or their offspring. (8) At all reasonable times, upon prior notice, the recipient must provide authorized Service officers access to the location where the donation is kept for the purposes of inspecting the donation and all associated records pertaining to the donation. (9) Any donation is subject to the conditions specified in the transfer document, including, without limitation, any time periods, and any violation of these specific conditions entitles the Service to immediately repossess the fish, wildlife, or plants, or their offspring. (c) The Service will not donate live fish, wildlife, or plants for human consumption." 50:50:1.0.1.2.6.5.1.8,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,E,Subpart E—Disposal of Forfeited or Abandoned Property,,§ 12.68 When may the Service loan forfeited or abandoned property?,FWS,,,,"(a) The Service may loan forfeited or abandoned property, fish, wildlife, or plants, for scientific, educational, or public display purposes, when consistent with applicable law. The loan may be made to any person, government agency (including foreign government agencies) or public organization, as defined in § 10.12 of this subchapter. The recipient must have the demonstrated ability to provide adequate care and security for the fish, wildlife, or plants. (b) A transfer document between the Service and the person, government agency (foreign or domestic), or public organization receiving the fish, wildlife, or plants must be completed before any loan of fish, wildlife, or plant takes place. Form SF-123, Transfer Order Surplus Personal Property, should be used for transfers with agencies or persons outside of the Department of the Interior, and Form DI-104, Transfer of Property, should be used for transfers with agencies within the Department of the Interior. The loan is subject to the following conditions: (1) The transfer document must state the purpose for which the fish, wildlife, or plants will be used. (2) Any attempt by the recipient to use the loan for any purpose other than that specifically stated on the transfer document entitles the Service to immediately repossess the fish, wildlife, or plants or their offspring. (3) The recipient may be required to pay all of the costs associated with the transfer of the fish, wildlife, or plants, or their offspring, including the costs of care, storage, transportation, and return to the Service, if applicable. (4) The recipient may not sell the fish, wildlife, or plants, or their offspring. (5) The recipient may be subject to a periodic accounting of the care and use of the loaned fish, wildlife, or plants, or their offspring. (6) The recipient is subject to the prohibitions, restrictions, conditions, or requirements that may apply to a particular species of fish, wildlife, or plant imposed by Federal, State, Tribal, or foreign law or regulation. (7) Any attempt to retransfer a loan without the prior authorization of the Service entitles the Service to immediately repossess the fish, wildlife, or plants, or their offspring. (8) At all reasonable times, upon prior notice, the recipient must provide authorized Service officers access to the location where the loan is kept for the purposes of inspecting the loan and all associated records pertaining to the loan. (9) Any loan is subject to the conditions specified in the transfer document, including, without limitation, any time periods, and any violation of these specific conditions entitles the Service to immediately repossess the fish, wildlife, or plants, or their offspring. (10) Any loan is in effect for an indefinite period of time unless the transfer document specifies a date for returning the loan to the Service. (11) Any loan remains the property of the United States, and the Service may demand the return of the loan at any time, and the recipient cannot prevent that return." 50:50:1.0.1.2.6.5.1.9,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,E,Subpart E—Disposal of Forfeited or Abandoned Property,,§ 12.69 When may the Service sell forfeited or abandoned property?,FWS,,,,"(a) The Service may sell, or offer for sale, forfeited or abandoned fish, wildlife, or plants, except any species, which at the time of sale or offer for sale, is: (1) Listed in part 10 of this subchapter as a migratory bird protected by the Migratory Bird Treaty Act (16 U.S.C. 703 et seq. ); (2) Protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq. ); (3) Listed in Appendix I, or in Appendix II with an annotation (limiting commercial use of specimens of the species or where specimens of the species are treated as if listed in Appendix I), under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (See § 23.91 of this chapter); (4) Listed in part 17 of this chapter as “endangered” or “threatened” under the Endangered Species Act (16 U.S.C. 1531 et seq. ); (5) Protected under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq. ); (6) Regulated as an injurious species under our injurious species regulations in part 16 of this chapter; (7) The African elephant ( Loxodonta species); (8) Protected under the Wild Bird Conservation Act, (16 U.S.C. 4901 et seq. ); or (9) Protected under the Rhinoceros and Tiger Conservation Act (16 U.S.C. 5301 et seq. ); (10) Protected under the Big Cat Public Safety Act (16 U.S.C. 3371(h), 3372(e), 117 Public Law 243, 136 Stat. 2336); or (11) Any fish, wildlife, or plant that is prohibited for export by the country of origin of the species. (b) If the Service chooses to dispose of fish, wildlife, or plants by sale, we must do so under current Federal property management regulations or Customs laws and regulations, except that the Service may sell any fish, wildlife, or plants immediately to the highest bidder above the set minimum bid, if the Service determines that the fish, wildlife, or plants are likely to perish, deteriorate, decay, waste, or greatly decrease in value by keeping, or that the expense of keeping the fish, wildlife, or plants is disproportionate to their value. (c) The Service may transport fish, wildlife, or plants that may not be possessed lawfully by purchasers under the laws of the State where the fish, wildlife, or plants are held to a State where possession of the fish, wildlife, or plants is lawful and the fish, wildlife, or plants may be sold. (d) Fish, wildlife, or plants purchased at sale are subject to the prohibitions, restrictions, conditions, or requirements that apply to a particular species of fish, wildlife or plant imposed by Federal, State, or Tribal or foreign law or regulation." 50:50:1.0.1.2.6.6.1.1,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,F,Subpart F—Recovery of Storage Costs and Return of Property,,"§ 12.81 When can the Service assess fees for costs incurred by the transfer, boarding, handling, or storage of property seized or forfeited?",FWS,,,,"(a) If any fish, wildlife, plant, or item of evidence is seized or forfeited under the ESA (16 U.S.C. 1531 et seq. ), you or any person whose act or omission was the basis for the seizure will be charged a reasonable fee for expenses to the United States connected with the transfer, boarding, handling, or storage of the seized or forfeited property. If any fish, wildlife, or plant is seized in connection with a violation of the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq. ), you or any person convicted or assessed a civil penalty for this violation will be assessed a reasonable fee for expenses of the United States connected with the storage, care, and maintenance of the property. (1) Within a reasonable time after seizure or forfeiture, the Service may send by registered mail, certified mail, or private courier, return receipt requested, a bill for this fee. The bill will contain an itemized statement of the applicable costs, together with instructions on the time and manner of payment. (2) You must make payment under terms of the bill. If you fail to pay, you may be subject to collection proceedings under the Federal Claim Collection Act, 31 U.S.C. 3711 et seq., as well as the Federal Debt Collection Act, 31 U.S.C. 3701 et seq., and the possible refusal of clearance of future shipments, and disqualification from receiving or exercising the privileges of any Service permit. (b) If you object to the costs described in the bill, you may, within 30 days of the date on which you received the bill, file written objections with the SAC for the U.S. Fish and Wildlife Service Office of Law Enforcement in the region in which the seizure occurred. Upon receipt of the written objections, the SAC will promptly review them and, within 30 days, deliver in writing a final decision. In all cases, the SAC's decision will constitute final administrative action on the matter." 50:50:1.0.1.2.6.6.1.2,50,Wildlife and Fisheries,I,B,12,PART 12—SEIZURE AND FORFEITURE PROCEDURES,F,Subpart F—Recovery of Storage Costs and Return of Property,,§ 12.82 How will my property be returned if my petition or claim is successful?,FWS,,,,"If, at the conclusion of the appropriate proceedings, seized property is to be returned to the owner or consignee, the Solicitor or Service will issue a letter or other document authorizing its return. This letter or other document will be delivered personally or sent by registered or certified mail, return receipt requested, and will identify the owner or consignee, the seized property, and, if appropriate, the custodian of the seized property. It will also provide that, upon presentation of the letter or other document and proper identification, and the signing of a receipt provided by the Solicitor or the Service, the seized property is authorized to be released, provided it is properly marked in accordance with applicable State or Federal requirements." 50:50:1.0.1.2.7.1.1.1,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,A,Subpart A—Introduction,,§ 13.1 General.,FWS,,,"[72 FR 48445, Aug. 23, 2007]","(a) A person must obtain a valid permit before commencing an activity for which a permit is required by this subchapter, except as provided in § 23.53 of this subchapter for retrospective permits for certain CITES shipments under very specific situations. (b) A person must apply for such a permit under the general permit procedures of this part and any other regulations in this subchapter that apply to the proposed activity. (1) The requirements of all applicable parts of this subchapter must be met. (2) A person may submit one application that includes the information required in each part of this subchapter, and a single permit will be issued if appropriate." 50:50:1.0.1.2.7.1.1.2,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,A,Subpart A—Introduction,,§ 13.2 Purpose of regulations.,FWS,,,"[54 FR 38147, Sept. 14, 1989]","The regulations contained in this part provide uniform rules, conditions, and procedures for the application for and the issuance, denial, suspension, revocation, and general administration of all permits issued pursuant to this subchapter B." 50:50:1.0.1.2.7.1.1.3,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,A,Subpart A—Introduction,,§ 13.3 Scope of regulations.,FWS,,,"[70 FR 18317, Apr. 11, 2005, as amended at 79 FR 30417, May 27, 2014]","The provisions in this part are in addition to, and are not in lieu of, other permit regulations of this subchapter and apply to all permits issued thereunder, including “Importation, Exportation and Transportation of Wildlife” (part 14), “Wild Bird Conservation Act” (part 15), “Injurious Wildlife” (part 16), “Endangered and Threatened Wildlife and Plants” (part 17), “Marine Mammals” (part 18), “Migratory Bird Permits” (part 21), “Eagle Permits” (part 22), and “ Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)” (part 23). As used in this part 13, the term “permit” will refer to a license, permit, certificate, letter of authorization, or other document as the context may require, and to all such documents issued by the Service or other authorized U.S. or foreign government agencies." 50:50:1.0.1.2.7.1.1.4,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,A,Subpart A—Introduction,,§ 13.4 Emergency variation from requirements.,FWS,,,,"The Director may approve variations from the requirements of this part when he finds that an emergency exists and that the proposed variations will not hinder effective administration of this subchapter B, and will not be unlawful." 50:50:1.0.1.2.7.1.1.5,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,A,Subpart A—Introduction,,§ 13.5 Information collection requirements.,FWS,,,"[89 FR 9956, Feb. 12, 2024]","The Office of Management and Budget (OMB) has approved the information collection requirements contained in part 13 and assigned OMB Control Numbers 1018-0022, 1018-0070, 1018-0092, 1018-0093, or 1018-0167 (unless otherwise indicated). Federal agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Direct comments regarding the burden estimates or any other aspect of the information collection to the Service's Information Collection Clearance Officer at the address provided at 50 CFR 2.1(b)." 50:50:1.0.1.2.7.2.1.1,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,B,Subpart B—Application for Permits,,§ 13.11 Application procedures.,FWS,,,"[70 FR 18317, Apr. 11, 2005, as amended at 72 FR 48445, Aug. 23, 2007; 73 FR 29083, May 20, 2008; 73 FR 42281, July 21, 2008; 74 FR 46875, Sept. 11, 2009; 78 FR 35152, June 12, 2013; 78 FR 73723, Dec. 9, 2013; 79 FR 30417, May 27, 2014; 79 FR 43964, July 29, 2014; 81 FR 8002, Feb. 17, 2016; 82 FR 41177, Aug. 30, 2017; 87 FR 880, Jan. 7, 2022; 89 FR 9956, Feb. 12, 2024; 89 FR 83630, Oct. 17, 2024]","The Service may not issue a permit for any activity authorized by this subchapter B unless you have filed an application under the following procedures: (a) Forms. Applications must be submitted in writing on a Federal Fish and Wildlife License/Permit Application (Form 3-200) or as otherwise specifically directed by the Service. (b) Forwarding instructions. Applications for permits in the following categories should be forwarded to the issuing office indicated below. (1) You may obtain applications for migratory bird banding permits (50 CFR 21.70) by writing to: Bird Banding Laboratory, USGS Patuxent Wildlife Research Center, 12100 Beech Forest Road, Laurel, Maryland 20708-4037. Submit completed permit applications to the same address. (2) You may obtain applications for designated port exception permits and import/export licenses (50 CFR 14) by writing to the Special Agent in Charge (SAC) of the Region in which you reside (see 50 CFR 2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions). Submit completed permit applications to the same address. (3) You may obtain applications for Wild Bird Conservation Act permits (50 CFR part 15); injurious wildlife permits (50 CFR part 16); captive-bred wildlife registrations (50 CFR part 17); permits authorizing import, export, or foreign commerce of endangered and threatened species, and interstate commerce of nonnative endangered or threatened species (50 CFR part 17); marine mammal permits (50 CFR part 18); and permits and certificates for import, export, and re-export of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (50 CFR part 23) from the Service's permits Web page at http://www.fws.gov/permits/ or from the Division of Management Authority at the address provided at 50 CFR 2.1(b). Submit completed permit applications to the same street address. (4) You may obtain Endangered Species Act permit applications (50 CFR 17) for activities involving native endangered and threatened species, including incidental take, scientific purposes, enhancement of propagation or survival ( i.e. , recovery), and enhancement of survival by writing to the Regional Director (Attention: Endangered Species Permits) of the Region where the activity is to take place (see 50 CFR 2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions). Submit completed applications to the same address (the Regional office covering the area where the activity will take place). Permit applications for interstate commerce for native endangered and threatened species should be obtained by writing to the Regional Director (Attention: Endangered Species Permits) of the Region that has the lead for the particular species, rather than the Region where the activity will take place. You can obtain information on the lead Region via the Service's Endangered Species Program Web page ( http://endangered.fws.gov/wildlife.html ) by entering the common or scientific name of the listed species in the Regulatory Profile query box. Send interstate commerce permit applications for native listed species to the same Regional Office that has the lead for that species. Endangered Species Act permit applications for the import or export of native endangered and threatened species may be obtained from the Division of Management Authority in accordance with paragraph (b)(3) of this section. (5) You may obtain applications for bald and golden eagle permits (50 CFR part 22) and migratory bird permits (50 CFR part 21), except for banding and marking permits, from, and you may submit completed applications to, the “Migratory Bird Permit Program Office” in the Region in which you reside. For addresses of the regional offices, see 50 CFR 2.2, or go to: http://www.fws.gov/migratorybirds/mbpermits/Addresses.html. (c) Time notice. The Service will process all applications as quickly as possible. However, we cannot guarantee final action within the time limit you request. You should ensure that applications for permits for marine mammals and/or endangered and threatened species are postmarked at least 90 calendar days prior to the requested effective date. The time we require for processing of endangered and threatened species incidental take permits will vary according to the project scope and significance of effects. Submit applications for all other permits to the issuing/reviewing office and ensure they are postmarked at least 60 calendar days prior to the requested effective date. Our processing time may be increased by the procedural requirements of the National Environmental Policy Act (NEPA), the requirement to publish a notice in the Federal Register requesting a 30-day public comment period when we receive certain types of permit applications, and/or the time required for extensive consultation within the Service, with other Federal agencies, and/or State or foreign governments. When applicable, we may require permit applicants to provide additional information on the proposal and on its environmental effects as may be necessary to satisfy the procedural requirements of NEPA. (d) Fees. (1) Unless otherwise exempted under this paragraph (d), you must pay the required permit processing fee at the time that you apply for issuance or amendment of a permit. You must pay in U.S. dollars. If you submit a check or money order, it must be made payable to the “U.S. Fish and Wildlife Service.” The Service will not refund any application fee under any circumstances if we have processed the application. However, we may return the application fee if you withdraw the application before we have significantly processed it. (2) If regulations in this subchapter require more than one type of permit for an activity and the permits are issued by the same office, the issuing office may issue one consolidated permit authorizing take caused by the activity in accordance with § 13.1. You may submit a single application in these cases, provided that the single application contains all the information required by the separate applications for each activity. Where more than one activity is consolidated into one permit, the issuing office will charge the highest single fee for the activity for which take is permitted. Administration fees are not waived. (3) Circumstances under which we will not charge a permit application fee are as follows: (i) We will not charge a permit application fee to any Federal, Tribal, State, or local government agency or to any individual or institution acting on behalf of that agency, except administration fees for permits issued under subpart E of part 22 of this subchapter will not be waived. If you fail to submit evidence of agency status with your application, we will require the submission of all processing fees prior to the acceptance of the application for processing, unless otherwise authorized or waived. (ii) As noted in paragraph (d)(4) of this section. (iii) We may waive the fee on a case-by-case basis for extraordinary extenuating circumstances provided that the issuing permit office and a Regional or Assistant Director approves the waiver. (4) User fees. The following table identifies specific fees for each permit application or amendment to a current permit. If no fee is identified under the Amendment Fee column, this particular permit either cannot be amended and a new application, and application fee, would need to be submitted or no fee will be charged for amending the permit (please contact the issuing office for further information). 1 A reimbursable agreement may be required for specific eagle permits to cover the costs above estimated staff-hours. An administration fee will be assessed at the time of application, in addition to the application fee. 2 Each. 3 Per animal. 4 Per species. (5) We will charge a fee for substantive amendments made to permits within the time period that the permit is still valid. The fee is generally half the original fee assessed at the time that the permit is processed; see paragraph (d)(4) of this section for the exact amount. Substantive amendments are those that pertain to the purpose and conditions of the permit and are not purely administrative. Administrative changes, such as updating name and address information, are required under 13.23(c), and we will not charge a fee for such amendments. (6) Except as specifically noted in paragraph (d)(4) of this section, a permit renewal is an issuance of a new permit, and applicants for permit renewal must pay the appropriate fee listed in paragraph (d)(4) of this section. (e) Abandoned or incomplete applications. If we receive an incomplete or improperly executed application, or if you do not submit the proper fees, the issuing office will notify you of the deficiency. If you fail to supply the correct information to complete the application or to pay the required fees within 45 calendar days of the date of notification, we will consider the application abandoned. We will not refund any fees for an abandoned application." 50:50:1.0.1.2.7.2.1.2,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,B,Subpart B—Application for Permits,,§ 13.12 General information requirements on applications for permits.,FWS,,,"[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 10465, Feb. 22, 1977; 42 FR 32377, June 24, 1977; 44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct. 12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154, Nov. 25, 1980; 46 FR 42680, Aug. 24, 1981; 48 FR 31607, July 8, 1983; 48 FR 57300, Dec. 29, 1983; 50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. 31, 1985; 54 FR 38147, Sept. 14, 1989; 70 FR 18319, Apr. 11, 2005; 72 FR 48446, Aug. 23, 2007; 73 FR 29083, May 20, 2008; 74 FR 46876, Sept. 11, 2009; 79 FR 30417, May 27, 2014; 87 FR 880, Jan. 7, 2022; 89 FR 9957, Feb. 12, 2024]","(a) General information required for all applications. All applications must contain the following information: (1) Applicant's full name and address (street address, city, county, state, and zip code; and mailing address if different from street address); home and work telephone numbers; and, if available, a fax number and e-mail address, and: (i) If the applicant resides or is located outside the United States, an address in the United States, and, if conducting commercial activities, the name and address of his or her agent that is located in the United States; and (ii) If the applicant is an individual, the date of birth, occupation, and any business, agency, organizational, or institutional affiliation associated with the wildlife or plants to be covered by the license or permit; or (iii) If the applicant is a business, corporation, public agency, or institution, the tax identification number; description of the type of business, corporation, agency, or institution; and the name and title of the person responsible for the permit (such as president, principal officer, or director); (2) Location where the requested permitted activity is to occur or be conducted; (3) Reference to the part(s) and section(s) of this subchapter B as listed in paragraph (b) of this section under which the application is made for a permit or permits, together with any additional justification, including supporting documentation as required by the referenced part(s) and section(s); (4) If the requested permitted activity involves the import or re-export of wildlife or plants from or to any foreign country, and the country of origin, or the country of export or re-export restricts the taking, possession, transportation, exportation, or sale of wildlife or plants, documentation as indicated in § 14.52(c) of this subchapter B; (5) Certification in the following language: I hereby certify that I have read and am familiar with the regulations contained in title 50, part 13, of the Code of Federal Regulations and the other applicable parts in subchapter B of chapter I of title 50, Code of Federal Regulations, and I further certify that the information submitted in this application for a permit is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to suspension or revocation of this permit and to the criminal penalties of 18 U.S.C. 1001. I hereby certify that I have read and am familiar with the regulations contained in title 50, part 13, of the Code of Federal Regulations and the other applicable parts in subchapter B of chapter I of title 50, Code of Federal Regulations, and I further certify that the information submitted in this application for a permit is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to suspension or revocation of this permit and to the criminal penalties of 18 U.S.C. 1001. (6) Desired effective date of permit except where issuance date is fixed by the part under which the permit is issued; (7) Date; (8) Signature of the applicant; and (9) Such other information as the Director determines relevant to the processing of the application, including, but not limited to, information on the environmental effects of the activity consistent with 40 CFR 1506.5 and Departmental procedures at 516 DM 6, Appendix 1.3A. (b) Additional information required on permit applications. As stated in paragraph (a)(3) of this section, certain additional information is required on all permit applications. For CITES permit applications, see part 23 of this subchapter. Additional information required on applications for other types of permits may be found by referring to the sections of this subchapter cited in the following table: Table 1 to Paragraph (b)" 50:50:1.0.1.2.7.3.1.1,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,C,Subpart C—Permit Administration,,§ 13.21 Issuance of permits.,FWS,,,"[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 47 FR 30785, July 15, 1982; 54 FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. 11, 2005]","(a) No permit may be issued prior to the receipt of a written application therefor, unless a written variation from the requirements, as authorized by § 13.4, is inserted into the official file of the Bureau. An oral or written representation of an employee or agent of the United States Government, or an action of such employee or agent, shall not be construed as a permit unless it meets the requirements of a permit as defined in 50 CFR 10.12. (b) Upon receipt of a properly executed application for a permit, the Director shall issue the appropriate permit unless: (1) The applicant has been assessed a civil penalty or convicted of any criminal provision of any statute or regulation relating to the activity for which the application is filed, if such assessment or conviction evidences a lack of responsibility. (2) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his application; (3) The applicant has failed to demonstrate a valid justification for the permit and a showing of responsibility; (4) The authorization requested potentially threatens a wildlife or plant population, or (5) The Director finds through further inquiry or investigation, or otherwise, that the applicant is not qualified. (c) Disqualifying factors. Any one of the following will disqualify a person from receiving permits issued under this part. (1) A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation of the Lacey Act, the Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act disqualifies any such person from receiving or exercising the privileges of a permit, unless such disqualification has been expressly waived by the Director in response to a written petition. (2) The revocation of a permit for reasons found in § 13.28 (a)(1) or (a)(2) disqualifies any such person from receiving or exercising the privileges of a similar permit for a period of five years from the date of the final agency decision on such revocation. (3) The failure to pay any required fees or assessed costs and penalties, whether or not reduced to judgement disqualifies such person from receiving or exercising the privileges of a permit as long as such moneys are owed to the United States. This requirement shall not apply to any civil penalty presently subject to administrative or judicial appeal; provided that the pendency of a collection action brought by the United States or its assignees shall not constitute an appeal within the meaning of this subsection. (4) The failure to submit timely, accurate, or valid reports as required may disqualify such person from receiving or exercising the privileges of a permit as long as the deficiency exists. (d) Use of supplemental information. The issuing officer, in making a determination under this subsection, may use any information available that is relevant to the issue. This may include any prior conviction, or entry of a plea of guilty or nolo contendere, or assessment of civil or criminal penalty for a violation of any Federal or State law or regulation governing the permitted activity. It may also include any prior permit revocations or suspensions, or any reports of State or local officials. The issuing officer shall consider all relevant facts or information available, and may make independent inquiry or investigation to verify information or substantiate qualifications asserted by the applicant. (e) Conditions of issuance and acceptance —(1) Conditions of issuance and acceptance. Any permit automatically incorporates within its terms the conditions and requirements of subpart D of this part and of any part(s) or section(s) specifically authorizing or governing the activity for which the permit is issued, as well as any other conditions deemed appropriate and included on the face of the permit at the discretion of the Director. (2) Any person accepting and holding a permit under this subchapter B acknowledges the necessity for close regulation and monitoring of the permitted activity by the Government. By accepting such permit, the permittee consents to and shall allow entry by agents or employees of the Service upon premises where the permitted activity is conducted at any reasonable hour. Service agents or employees may enter such premises to inspect the location; any books, records, or permits required to be kept by this subchapter B; and any wildlife or plants kept under authority of the permit. (f) Term of permit. Unless otherwise modified, a permit is valid during the period specified on the face of the permit. Such period shall include the effective date and the date of expiration. (g) Denial. The issuing officer may deny a permit to any applicant who fails to meet the issuance criteria set forth in this section or in the part(s) or section(s) specifically governing the activity for which the permit is requested." 50:50:1.0.1.2.7.3.1.2,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,C,Subpart C—Permit Administration,,§ 13.22 Renewal of permits.,FWS,,,"[54 FR 38148, Sept. 14, 1989, as amended at 72 FR 48446, Aug. 23, 2007]","(a) Application for renewal. Applicants for renewal of a permit must submit a written application at least 30 days prior to the expiration date of the permit. Applicants must certify in the form required by § 13.12(a)(5) that all statements and information in the original application remain current and correct, unless previously changed or corrected. If such information is no longer current or correct, the applicant must provide corrected information. (b) Renewal criteria. The Service shall issue a renewal of a permit if the applicant meets the criteria for issuance in § 13.21(b) and is not disqualified under § 13.21(c). (c) Continuation of permitted activity. Any person holding a valid, renewable permit may continue the activities authorized by the expired permit until the Service acts on the application for renewal if all of the following conditions are met: (1) The permit is currently in force and not suspended or revoked; (2) The person has complied with this section; and (3) The permit is not a CITES document that was issued under part 23 of this subchapter (because the CITES document is void upon expiration). (d) Denial. The issuing officer may deny renewal of a permit to any applicant who fails to meet the issuance criteria set forth in § 13.21 of this part, or in the part(s) or section(s) specifically governing the activity for which the renewal is requested." 50:50:1.0.1.2.7.3.1.3,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,C,Subpart C—Permit Administration,,§ 13.23 Amendments of permits.,FWS,,,"[54 FR 38148, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999; 89 FR 26093, Apr. 12, 2024]","(a) Permittee's request. Where circumstances have changed so that a permittee desires to have any condition of his permit modified, such permittee must submit a full written justification and supporting information in conformity with this part and the part under which the permit was issued. (b) Service amendment. The Service reserves the right to amend any permit for just cause at any time during its term, upon written finding of necessity, provided that the amendment of a permit issued under § 17.22(b) or (c) of this subchapter will be consistent with the requirements of § 17.22(b)(5) or (c)(5) of this subchapter and amendment of a permit issued under § 17.32(b) or (c) of this subchapter will be consistent with the requirements of § 17.32(b)(5) or (c)(5) of this subchapter. (c) Change of name or address. A permittee is not required to obtain a new permit if there is a change in the legal individual or business name, or in the mailing address of the permittee. A permittee is required to notify the issuing office within 10 calendar days of such change. This provision does not authorize any change in location of the conduct of the permitted activity when approval of the location is a qualifying condition of the permit." 50:50:1.0.1.2.7.3.1.4,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,C,Subpart C—Permit Administration,,§ 13.24 Rights of succession by certain persons.,FWS,,,"[64 FR 32711, June 17, 1999, as amended at 78 FR 73725, Dec. 9, 2013; 87 FR 880, Jan. 5, 2022; 89 FR 9957, Feb. 12, 2024; 89 FR 26093, Apr. 12, 2024]","(a) Certain persons other than the permittee are authorized to carry on a permitted activity for the remainder of the term of a current permit, provided they comply with the provisions of paragraph (b) of this section. Such persons are the following: (1) The surviving spouse, child, executor, administrator, or other legal representative of a deceased permittee; or (2) A receiver or trustee in bankruptcy or a court designated assignee for the benefit of creditors. (b) In order to qualify for the authorization provided in this section, the person or persons desiring to continue the activity shall furnish the permit to the issuing officer for endorsement within 90 days from the date the successor begins to carry on the activity. (c) In the case of permits issued under the regulations in this subchapter in § 17.22(b) and (c), § 17.32(b) and (c), or 50 CFR part 22, the successor's authorization under the permit is also subject to our determination that: (1) The successor meets all of the qualifications under this part for holding a permit; (2) The successor has provided adequate written assurances that it will provide sufficient funding for any applicable conservation measures, conservation plan, or Agreement and will implement the relevant terms and conditions of the permit, including any outstanding minimization and mitigation requirements; and (3) The successor has provided such other information as we determine is relevant to the processing of the request." 50:50:1.0.1.2.7.3.1.5,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,C,Subpart C—Permit Administration,,§ 13.25 Transfer of permits and scope of permit authorization.,FWS,,,"[64 FR 32711, June 17, 1999, as amended at 64 FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, 2004; 78 FR 73725, Dec. 9, 2013; 87 FR 880, Jan. 7, 2022; 89 FR 9957, Feb. 12, 2024; 89 FR 26093, Apr. 12, 2024]","(a) Except as otherwise provided for in this section, permits issued under this part are not transferable or assignable. (b) Permits issued under the regulations in this subchapter in § 17.22(b) and (c), § 17.32(b) and (c), or 50 CFR part 22 may be transferred to a successor subject to our determination that the proposed transferee: (1) Meets all of the qualifications under this part for holding a permit; (2) Has provided adequate written assurances of sufficient funding for the conservation measures, conservation plan, or conservation benefit agreement, and will implement the relevant terms and conditions of the permit, including any outstanding minimization and mitigation requirements; and (3) Has provided other information that we determine is relevant to the processing of the submission. (c) In the case of the transfer of property subject to an agreement and permit issued under § 17.22(c) or § 17.32(c) of this subchapter, the Service will transfer the permit to the new owner if the new owner agrees in writing to become a party to the original agreement and permit. (d) Except as otherwise stated on the face of the permit, any person who is under the direct control of the permittee, or who is employed by or under contract to the permittee for purposes authorized by the permit, may carry out the activity authorized by the permit. (e) In the case of permits issued under § 17.22(b) and (c) or § 17.32(b) and (c) of this subchapter to a State, Tribal, or local government entity, a person is under the direct control of the permittee where: (1) The person is under the jurisdiction of the permittee and the permit provides that such person(s) may carry out the authorized activity; or (2) The person has been issued a permit by the governmental entity or has executed a written instrument with the governmental entity, pursuant to the terms of the implementing agreement. (f) In the case of permits issued under part 22, subpart E, of this subchapter to a Federal, State, tribal, or local governmental entity, a person is under the direct control of the permittee if the person is under the jurisdiction of the permittee, provided the permittee has the regulatory authority to require the person to comply with the terms and conditions of the permit and the permit provides that such person(s) may carry out the authorized activity." 50:50:1.0.1.2.7.3.1.6,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,C,Subpart C—Permit Administration,,§ 13.26 Discontinuance of permit activity.,FWS,,,"[54 FR 38149, Sept. 14, 1989]","When a permittee, or any successor to a permittee as provided for by § 13.24, discontinues activities authorized by a permit, the permittee shall within 30 calendar days of the discontinuance return the permit to the issuing office together with a written statement surrendering the permit for cancellation. The permit shall be deemed void and cancelled upon its receipt by the issuing office. No refund of any fees paid for issuance of the permit or for any other fees or costs associated with a permitted activity shall be made when a permit is surrendered for cancellation for any reason prior to the expiration date stated on the face of the permit." 50:50:1.0.1.2.7.3.1.7,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,C,Subpart C—Permit Administration,,§ 13.27 Permit suspension.,FWS,,,"[54 FR 38149, Sept. 14, 1989]","(a) Criteria for suspension. The privileges of exercising some or all of the permit authority may be suspended at any time if the permittee is not in compliance with the conditions of the permit, or with any applicable laws or regulations governing the conduct of the permitted activity. The issuing officer may also suspend all or part of the privileges authorized by a permit if the permittee fails to pay any fees, penalties or costs owed to the Government. Such suspension shall remain in effect until the issuing officer determines that the permittee has corrected the deficiencies. (b) Procedure for suspension. (1) When the issuing officer believes there are valid grounds for suspending a permit the permittee shall be notified in writing of the proposed suspension by certified or registered mail. This notice shall identify the permit to be suspended, the reason(s) for such suspension, the actions necessary to correct the deficiencies, and inform the permittee of the right to object to the proposed suspension. The issuing officer may amend any notice of suspension at any time. (2) Upon receipt of a notice of proposed suspension the permittee may file a written objection to the proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date of the notice of proposal, must state the reasons why the permittee objects to the proposed suspension, and may include supporting documentation. (3) A decision on the suspension shall be made within 45 days after the end of the objection period. The issuing officer shall notify the permittee in writing of the Service's decision and the reasons therefore. The issuing officer shall also provide the applicant with the information concerning the right to request reconsideration of the decision under § 13.29 of this part and the procedures for requesting reconsideration." 50:50:1.0.1.2.7.3.1.8,50,Wildlife and Fisheries,I,B,13,PART 13—GENERAL PERMIT PROCEDURES,C,Subpart C—Permit Administration,,§ 13.28 Permit revocation.,FWS,,,"[54 FR 38149, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999; 89 FR 26094, Apr. 12, 2024]","(a) Criteria for revocation. A permit may be revoked for any of the following reasons: (1) The permittee willfully violates any Federal or State statute or regulation, or any Indian tribal law or regulation, or any law or regulation of any foreign country, which involves a violation of the conditions of the permit or of the laws or regulations governing the permitted activity; or (2) The permittee fails within 60 days to correct deficiencies that were the cause of a permit suspension; or (3) The permittee becomes disqualified under § 13.21(c) of this part; or (4) A change occurs in the statute or regulation authorizing the permit that prohibits the continuation of a permit issued by the Service; or (5) Except for permits issued under § 17.22(b) and (c) or § 17.32(b) and (c) of this subchapter, the population(s) of the wildlife or plant that is the subject of the permit declines to the extent that continuation of the permitted activity would be detrimental to maintenance or recovery of the affected population. (b) Procedure for revocation. (1) When the issuing officer believes there are valid grounds for revoking a permit, the permittee shall be notified in writing of the proposed revocation by certified or registered mail. This notice shall identify the permit to be revoked, the reason(s) for such revocation, the proposed disposition of the wildlife, if any, and inform the permittee of the right to object to the proposed revocation. The issuing officer may amend any notice of revocation at any time. (2) Upon receipt of a notice of proposed revocation the permittee may file a written objection to the proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date of the notice of proposal, must state the reasons why the permittee objects to the proposed revocation, and may include supporting documentation. (3) A decision on the revocation shall be made within 45 days after the end of the objection period. The issuing officer shall notify the permittee in writing of the Service's decision and the reasons therefore, together with the information concerning the right to request and the procedures for requesting reconsideration. (4) Unless a permittee files a timely request for reconsideration, any wildlife held under authority of a permit that is revoked must be disposed of in accordance with instructions of the issuing officer. If a permittee files a timely request for reconsideration of a proposed revocation, such permittee may retain possession of any wildlife held under authority of the permit until final disposition of the appeal process."