13.11—Application procedures.
The Service may not issue a permit for any activity authorized by this subchapter B unless you have filed an application under the following procedures:
(a) Forms.
Applications must be submitted in writing on a Federal Fish and Wildlife License/Permit Application (Form 3-200) or as otherwise specifically directed by the Service.
(b) Forwarding instructions.
Applications for permits in the following categories should be forwarded to the issuing office indicated below.
(1)
You may obtain applications for migratory bird banding permits ( 50 CFR 21.22) by writing to: Bird Banding Laboratory, USGS Patuxent Wildlife Research Center, 12100 Beech Forest Road, Laurel, Maryland 20708-4037. Submit completed permit applications to the same address.
(2)
You may obtain applications for designated port exception permits and import/export licenses ( 50 CFR 14) by writing to the Special Agent in Charge (SAC) of the Region in which you reside (see 50 CFR 2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions). Submit completed permit applications to the same address.
(3)
You may obtain applications for Wild Bird Conservation Act permits ( 50 CFR 15 ); injurious wildlife permits ( 50 CFR 16 ); captive-bred wildlife registrations ( 50 CFR 17 ); permits authorizing import, export, or foreign commerce of endangered and threatened species, and interstate commerce of non-native endangered or threatened species ( 50 CFR 17 ); marine mammal permits ( 50 CFR 18 ); and permits and certificates for import, export, and reexport of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) ( 50 CFR 23) from: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 N. Fairfax Drive, Room 700, Arlington, Virginia 22203-1610. Submit completed permit applications to the same address.
(4)
You may obtain Endangered Species Act permit applications ( 50 CFR 17) for activities involving native endangered and threatened species, including incidental take, scientific purposes, enhancement of propagation or survival (i.e., recovery), and enhancement of survival by writing to the Regional Director (Attention: Endangered Species Permits) of the Region where the activity is to take place (see 50 CFR 2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions). Submit completed applications to the same address (the Regional office covering the area where the activity will take place). Permit applications for interstate commerce for native endangered and threatened species should be obtained by writing to the Regional Director (Attention: Endangered Species Permits) of the Region that has the lead for the particular species, rather than the Region where the activity will take place. You can obtain information on the lead Region via the Service's Endangered Species Program Web page (http://endangered.fws.gov/wildlife.html) by entering the common or scientific name of the listed species in the Regulatory Profile query box. Send interstate commerce permit applications for native listed species to the same Regional Office that has the lead for that species. Endangered Species Act permit applications for the import or export of native endangered and threatened species may be obtained from the Division of Management Authority in accordance with paragraph (b)(3) of this section.
(5)
You may obtain applications for bald and golden eagle permits ( 50 CFR 22) and migratory bird permits ( 50 CFR 21 ), except for banding and marking permits, by writing to the Migratory Bird Permit Program Office in the Region in which you reside. For mailing addresses for the Migratory Bird Regional Permit Offices, see below, or go to: http://permits.fws.gov/mbpermits/addresses.html. Send completed applications to the same address. The mailing addresses for the Regional Migratory Bird Permit Offices are as follows:
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Region 2 (AZ, NM, OK, TX): U.S. Fish and Wildlife Service, Migratory Bird Permit Office, P.O. Box 709, Albuquerque, NM 87103.
Region 3 (IA, IL, IN, MN, MO, MI, OH, WI): U.S. Fish and Wildlife Service, Migratory Bird Permit Office, One Federal Drive, Fort Snelling, MN 55111.
Region 4 (AL, AR, FL, GA, KY, LA, MS, NC, SC, TN, PR, VI, and Caribbean possessions): U.S. Fish and Wildlife Service, Migratory Bird Permit Office, P.O. Box 49208, Atlanta, GA 30359.
Region 5 (CT, DC, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VA, VT, WV): U.S. Fish and Wildlife Service, Migratory Bird Permit Office, P.O. Box 779, Hadley, MA 01035-0779.
Region 6 (CO, KS, MT, ND, NE, SD, UT, WY): U.S. Fish and Wildlife Service, Migratory Bird Permit Office, P.O. Box 25486, DFC (60130), Denver, CO 80225-0486.
Region 7 (AK): U.S. Fish and Wildlife Service, Migratory Bird Permit Office (MS-201), 1011 E. Tudor Road, Anchorage, AK 99503.
(c) Time notice.
The Service will process all applications as quickly as possible. However, we cannot guarantee final action within the time limit you request. You should ensure that applications for permits for marine mammals and/or endangered and threatened species are postmarked at least 90 calendar days prior to the requested effective date. The time we require for processing of endangered and threatened species incidental take permits will vary according to the project scope and significance of effects. Submit applications for all other permits to the issuing/reviewing office and ensure they are postmarked at least 60 calendar days prior to the requested effective date. Our processing time may be increased by the procedural requirements of the National Environmental Policy Act (NEPA), the requirement to publish a notice in the Federal Register requesting a 30-day public comment period when we receive certain types of permit applications, and/or the time required for extensive consultation within the Service, with other Federal agencies, and/or State or foreign governments. When applicable, we may require permit applicants to provide additional information on the proposal and on its environmental effects as may be necessary to satisfy the procedural requirements of NEPA.
(d) Fees.
(1)
Unless otherwise exempted under this paragraph (d), you must pay the required permit processing fee at the time that you apply for issuance or amendment of a permit. You must pay in U.S. dollars. If you submit a check or money order, it must be made payable to the “U.S. Fish and Wildlife Service.” The Service will not refund any application fee under any circumstances if we have processed the application. However, we may return the application fee if you withdraw the application before we have significantly processed it.
(2)
If regulations in this subchapter require more than one type of permit for an activity and the permits are issued by the same office, the issuing office may issue one consolidated permit authorizing the activity in accordance with § 13.1. You may submit a single application in such cases, provided that the single application contains all the information required by the separate applications for each permitted activity. Where more than one permitted activity is consolidated into one permit, the issuing office will charge the highest single fee for the activity permitted.
(i)
We will not charge a permit application fee to any Federal, tribal, State, or local government agency or to any individual or institution acting on behalf of such agency. Except as otherwise authorized or waived, if you fail to submit evidence of such status with your application, we will require the submission of all processing fees prior to the acceptance of the application for processing.
(iii)
We may waive the fee on a case-by-case basis for extraordinary extenuating circumstances provided that the issuing permit office and a Regional or Assistant Director approves the waiver.
(4) User fees.
The following table identifies specific fees for each permit application or amendment to a current permit. If no fee is identified under the Amendment Fee column, this particular permit either cannot be amended and a new application, and application fee, would need to be submitted or no fee will be charged for amending the permit (please contact the issuing office for further information).
Type of permit | CFRcitation | Fee | Amendmentfee |
---|---|---|---|
Migratory Bird Treaty Act | |||
Migratory Bird Import/Export | 50 CFR 21 | $75 | |
Migratory Bird Banding or Marking | 50 CFR 21 | ||
Migratory Bird Scientific Collecting | 50 CFR 21 | 100 | $50 |
Migratory Bird Taxidermy | 50 CFR 21 | 100 | |
Waterfowl Sale and Disposal | 50 CFR 21 | 75 | |
Special Canada Goose | 50 CFR 21 | ||
Migratory Bird Special Purpose/Education | 50 CFR 21 | 75 | |
Migratory Bird Special Purpose/Salvage | 50 CFR 21 | 75 | |
Migratory Bird Special Purpose/Game Bird Propagation | 50 CFR 21 | 75 | |
Migratory Bird Special Purpose/Miscellaneous | 50 CFR 21 | 100 | |
Falconry | 50 CFR 21 | 100 | |
Raptor Propagation | 50 CFR 21 | 100 | |
Migratory Bird Rehabilitation | 50 CFR 21 | 50 | |
Migratory Bird Depredation | 50 CFR 21 | 100 | 50 |
Migratory Bird Depredation/Homeowner | 50 CFR 21 | 50 | |
Bald and Golden Eagle Protection Act | |||
Eagle Scientific Collecting | 50 CFR 22 | 100 | 50 |
Eagle Exhibition | 50 CFR 22 | 75 | |
Eagle Falconry | 50 CFR 22 | 100 | |
Eagle—Native American Religion | 50 CFR 22 | ||
Eagle Take permits—Depredation and Protection of Health and Safety | 50 CFR 22 | 100 | |
Golden Eagle Nest Take | 50 CFR 22 | 100 | 50 |
Eagle Transport—Scientific or Exhibition | 50 CFR 22 | 75 | |
Eagle Transport—Native American Religious Purposes | 50 CFR 22 | (1) | (1) |
Eagle Take—Associated With but Not the Purpose of an Activity | 50 CFR 22 | 500 | 150 |
Eagle Take—Associated With but Not the Purpose of an Activity—Programmatic | 50 CFR 22 | 1000 | 500 |
Eagle Nest Take | 50 CFR 22 | 500 | 150 |
Eagle Nest Take—Programmatic | 50 CFR 22 | 1000 | 500 |
Eagle Take—Exempted under ESA | 50 CFR 22 | ||
Endangered Species Act/CITES/Lacey Act | |||
ESA Recovery | 50 CFR 17 | 100 | 50 |
ESA Interstate Commerce | 50 CFR 17 | 100 | 50 |
ESA Enhancement of Survival (Safe Harbor Agreement) | 50 CFR 17 | 50 | 25 |
ESA Enhancement of Survival (Candidate Conservation Agreement with Assurances) | 50 CFR 17 | 50 | 25 |
ESA Incidental Take (Habitat Conservation Plan) | 50 CFR 17 | 100 | 50 |
ESA and CITES Import/Export and Foreign Commerce | 50 CFR 17 | 100 | 50 |
ESA and CITES Museum Exchange | 50 CFR 17 | 100 | 50 |
ESA Captive-bred Wildlife Registration | 50 CFR 17 | 200 | 100 |
—Renewal of Captive-bred wildlife registration | 50 CFR 17 | 100 | |
CITES Import (including trophies under ESA and MMPA) | 50 CFR 17, 18, 23 | 100 | 50 |
CITES Export | 50 CFR 23 | 100 | 50 |
CITES Pre-Convention | 50 CFR 23 | 75 | 40 |
CITES Certificate of Origin | 50 CFR 23 | 75 | 40 |
CITES Re-Export | 50 CFR 23 | 75 | 40 |
CITES Personal Effects and Pet Export/Re-Export | 50 CFR 23 | 50 | |
CITES Appendix II Export (native furbearers and alligators—excluding live animals) | 50 CFR 23 | 100 | 50 |
CITES Master File (includes files for artificial propagation, biomedical, etc. and covers import, export, and re-export documents) | 50 CFR 23 | 200 | 100 |
—Renewal of CITES Master File | 50 CFR 23 | 100 | |
—Single-use permits issued on Master File | 50 CFR 23 | 2 5 | |
CITES Annual Program File | 50 CFR 23 | 50 | |
—Single-use permits issued under Annual Program | 50 CFR 23 | 2 5 | |
CITES replacement documents (lost, stolen, or damaged documents) | 50 CFR 23 | 50 | 50 |
CITES Passport for Traveling Exhibitions and Pets | 50 CFR 23 | 3 75 | |
CITES/ESA Passport for Traveling Exhibitions | 50 CFR 23 | 3 100 | |
CITES Introduction from the Sea | 50 CFR 23 | 100 | 50 |
CITES Participation in the Plant Rescue Center Program | 50 CFR 23 | (1) | (1) |
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|
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CITES Registration of Commercial Breeding Operations for Appendix-I wildlife | 50 CFR 23 | 100 | |
CITES Request for Approval of an Export Program for a State or Tribe (American Ginseng, Certain Furbearers, and American Alligator) | 50 CFR 23 | (1) | (1) |
Import/Export License | 50 CFR 14 | 100 | 50 |
Designated Port Exception | 50 CFR 14 | 100 | 50 |
Injurious Wildlife Permit | 50 CFR 16 | 100 | 50 |
—Transport Authorization for Injurious Wildlife | 50 CFR 16 | 25 | |
Wild Bird Conservation Act (WBCA) | |||
Personal Pet Import | 50 CFR 15 | 50 | |
WBCA Scientific Research, Zoological Breeding or Display, Cooperative Breeding | 50 CFR 15 | 100 | 50 |
WBCA Approval of Cooperative Breeding Programs | 50 CFR 15 | 200 | 100 |
—Renewal of a WBCA Cooperative Breeding Program | 50 CFR 15 | 50 | |
WBCA Approval of a Foreign Breeding Facility | 50 CFR 15 | 4 250 | |
Marine Mammal Protection Act | |||
Marine Mammal Public Display | 50 CFR 18 | 300 | 150 |
Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery | 50 CFR 18 | 150 | 75 |
—Renewal of Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery | 50 CFR 18 | 75 | |
1 No fee. | |||
2 Each. | |||
3 Per animal. | |||
4 Per species. |
(5)
We will charge a fee for substantive amendments made to permits within the time period that the permit is still valid. The fee is generally half the original fee assessed at the time that the permit is processed; see paragraph (d)(4) of this section for the exact amount. Substantive amendments are those that pertain to the purpose and conditions of the permit and are not purely administrative. Administrative changes, such as updating name and address information, are required under 13.23(c), and we will not charge a fee for such amendments.
(6)
Except as specifically noted in paragraph (d)(4) of this section, a permit renewal is an issuance of a new permit, and applicants for permit renewal must pay the appropriate fee listed in paragraph (d)(4) of this section.
(e) Abandoned or incomplete applications.
If we receive an incomplete or improperly executed application, or if you do not submit the proper fees, the issuing office will notify you of the deficiency. If you fail to supply the correct information to complete the application or to pay the required fees within 45 calendar days of the date of notification, we will consider the application abandoned. We will not refund any fees for an abandoned application.
[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]