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| 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, R… | |||||
| 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 liv… | ||||
| 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 melanopter… | |||
| 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 t… | |||
| 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, … | |||
| 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)) Checklis… | |||
| 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 t… | ||||
| 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… | ||||
| 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 inn… | ||||
| 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 … | ||||
| 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… | ||||
| 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 retransf… | ||||
| 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 att… | ||||
| 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 Ser… | ||||
| 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 e… | |||
| 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 appli… | |||
| 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 decisi… | |||
| 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 perso… | |||
| 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… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);