Regulations last checked for updates: Oct 17, 2024

Title 50 - Wildlife and Fisheries last revised: Oct 09, 2024
§ 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 21.70) by writing to: Bird Banding Laboratory, USGS Patuxent Wildlife Research Center, 12100 Beech Forest Road, Laurel, Maryland 20708-4037. Submit completed permit applications to the same address.

(2) You may obtain applications for designated port exception permits and import/export licenses (50 CFR 14) by writing to the Special Agent in Charge (SAC) of the Region in which you reside (see 50 CFR 2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions). Submit completed permit applications to the same address.

(3) You may obtain applications for Wild Bird Conservation Act permits (50 CFR part 15); injurious wildlife permits (50 CFR part 16); captive-bred wildlife registrations (50 CFR part 17); permits authorizing import, export, or foreign commerce of endangered and threatened species, and interstate commerce of nonnative endangered or threatened species (50 CFR part 17); marine mammal permits (50 CFR part 18); and permits and certificates for import, export, and re-export of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (50 CFR part 23) from the Service's permits Web page at http://www.fws.gov/permits/ or from the Division of Management Authority at the address provided at 50 CFR 2.1(b). Submit completed permit applications to the same street address.

(4) You may obtain Endangered Species Act permit applications (50 CFR 17) for activities involving native endangered and threatened species, including incidental take, scientific purposes, enhancement of propagation or survival (i.e., recovery), and enhancement of survival by writing to the Regional Director (Attention: Endangered Species Permits) of the Region where the activity is to take place (see 50 CFR 2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions). Submit completed applications to the same address (the Regional office covering the area where the activity will take place). Permit applications for interstate commerce for native endangered and threatened species should be obtained by writing to the Regional Director (Attention: Endangered Species Permits) of the Region that has the lead for the particular species, rather than the Region where the activity will take place. You can obtain information on the lead Region via the Service's Endangered Species Program Web page (http://endangered.fws.gov/wildlife.html) by entering the common or scientific name of the listed species in the Regulatory Profile query box. Send interstate commerce permit applications for native listed species to the same Regional Office that has the lead for that species. Endangered Species Act permit applications for the import or export of native endangered and threatened species may be obtained from the Division of Management Authority in accordance with paragraph (b)(3) of this section.

(5) You may obtain applications for bald and golden eagle permits (50 CFR part 22) and migratory bird permits (50 CFR part 21), except for banding and marking permits, from, and you may submit completed applications to, the “Migratory Bird Permit Program Office” in the Region in which you reside. For addresses of the regional offices, see 50 CFR 2.2, or go to: http://www.fws.gov/migratorybirds/mbpermits/Addresses.html.

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

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

(2) If regulations in this subchapter require more than one type of permit for an activity and the permits are issued by the same office, the issuing office may issue one consolidated permit authorizing take caused by the activity in accordance with § 13.1. You may submit a single application in these cases, provided that the single application contains all the information required by the separate applications for each activity. Where more than one activity is consolidated into one permit, the issuing office will charge the highest single fee for the activity for which take is permitted. Administration fees are not waived.

(3) Circumstances under which we will not charge a permit application fee are as follows:

(i) We will not charge a permit application fee to any Federal, Tribal, State, or local government agency or to any individual or institution acting on behalf of that agency, except administration fees for permits issued under subpart E of part 22 of this subchapter will not be waived. If you fail to submit evidence of agency status with your application, we will require the submission of all processing fees prior to the acceptance of the application for processing, unless otherwise authorized or waived.

(ii) As noted in paragraph (d)(4) of this section.

(iii) We may waive the fee on a case-by-case basis for extraordinary extenuating circumstances provided that the issuing permit office and a Regional or Assistant Director approves the waiver.

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

Type of permit CFR
Citation
Permit
application
fee
Administration
fee 1
Amendment
fee
Migratory Bird Treaty Act
Migratory Bird Import/Export50 CFR part 2175
Migratory Bird Banding or Marking50 CFR part 21No fee
Migratory Bird Scientific Collecting50 CFR part 2110050
Migratory Bird Taxidermy50 CFR part 21100
Waterfowl Sale and Disposal50 CFR part 2175
Special Canada Goose50 CFR part 21No fee
Migratory Bird Special Purpose/Education50 CFR part 2175
Migratory Bird Special Purpose/Salvage50 CFR part 2175
Migratory Bird Special Purpose/Game Bird Propagation50 CFR part 2175
Migratory Bird Special Purpose/Miscellaneous50 CFR part 21100
Raptor Propagation50 CFR part 21100
Migratory Bird Rehabilitation50 CFR part 2150
Migratory Bird Depredation50 CFR part 2110050
Migratory Bird Depredation/Homeowner50 CFR part 2150
Bald and Golden Eagle Protection Act
Eagle Scientific Collecting50 CFR part 22100
Eagle Exhibition50 CFR part 2275
Eagle—Native American Religious Purposes50 CFR part 22No fee
Eagle Depredation Permit50 CFR part 22100
Golden Eagle Nest Take50 CFR part 2210050.
Eagle Transport—Scientific or Exhibition50 CFR part 2275
Eagle Transport—Native American Religious Purposes50 CFR part 22No fee
General Eagle Permit—Disturbance Take50 CFR part 22100
Specific Eagle Permit—Disturbance Take50 CFR part 22Commercial—2,500; Noncommercial—500Commercial—500; Noncommercial—150.
General Eagle Permit—Nest Take50 CFR part 22100
Specific Eagle Permit—Nest Take (Single nest)50 CFR part 22Commercial—2,500; Noncommercial—500Commercial—500; Noncommercial—150.
Specific Eagle Permit Eagle—Nest Take (Multiple nests)50 CFR part 225,000500.
General Eagle Permit—Incidental Take (Power lines)50 CFR part 221,000Non-Investor Owned—2,500; Investor Owned—10,000
General Eagle Permit—Incidental Take (Wind energy)50 CFR part 221,000Distributed and Community Scale—2,500; Utility Scale—10,000
Specific Eagle Permit—Incidental Take50 CFR part 22Tier 1—18,000; Tier 2—26,00010,000500.
Eagle Take—Exempted under ESA50 CFR part 22No fee
Transfer of a Subpart E Eagle Permit50 CFR part 221,000
Endangered Species Act/CITES/Lacey Act
ESA Recovery50 CFR part 1710050
ESA Interstate Commerce50 CFR part 1710050
ESA Enhancement of Survival (Safe Harbor Agreement)50 CFR part 175025
ESA Enhancement of Survival (Candidate Conservation Agreement with Assurances)50 CFR part 175025
ESA Incidental Take (Habitat Conservation Plan)50 CFR part 1710050
ESA and CITES Import/Export and Foreign Commerce50 CFR part 1710050
ESA and CITES Museum Exchange50 CFR part 1710050
ESA Captive-bred Wildlife Registration50 CFR part 17200100
—Renewal of Captive-bred Wildlife Registration50 CFR part 17100
CITES Import (including trophies under ESA and MMPA)50 CFR parts 17, 18, 2310050
CITES Export50 CFR part 2310050
CITES Pre-Convention50 CFR part 237540
CITES Certificate of Origin50 CFR part 237540
CITES Re-export50 CFR part 237540
CITES Personal Effects and Pet Export/Re-export50 CFR part 2350
CITES Appendix II Export (native furbearers and alligators—excluding live animals)50 CFR part 2310050
CITES Master File (includes files for artificial propagation, biomedical, etc., and covers import, export, and re-export documents)50 CFR part 23200100
—Renewal of CITES Master File50 CFR part 23100
—Single-use permits issued on Master File50 CFR part 235 2
CITES Annual Program File50 CFR part 2350
—Single-use permits issued under Annual Program50 CFR part 235 2
CITES replacement documents (lost, stolen, or damaged documents)50 CFR part 235050
CITES Passport for Traveling Exhibitions and Pets50 CFR part 2375 3
CITES/ESA Passport for Traveling Exhibitions50 CFR part 23100 3
CITES Introduction from the Sea50 CFR part 2310050
CITES Participation in the Plant Rescue Center Program50 CFR part 23No fee
CITES Registration of Commercial Breeding Operations for Appendix-I Wildlife50 CFR part 23100
CITES Request for Approval of an Export Program for a State or Tribe (American Ginseng, Certain Furbearers, and American Alligator)50 CFR part 23No fee
Import/Export License50 CFR part 1410050
Designated Port Exception50 CFR part 1410050
Injurious Wildlife Permit50 CFR part 1610050
—Transport Authorization for Injurious Wildlife50 CFR part 1625
Wild Bird Conservation Act (WBCA)
Personal Pet Import50 CFR part 1550
WBCA Scientific Research, Zoological Breeding or Display, Cooperative Breeding50 CFR part 1510050
WBCA Approval of Cooperative Breeding Program50 CFR part 15200100
—Renewal of a WBCA Cooperative Breeding Program50 CFR part 1550
WBCA Approval of a Foreign Breeding Facility50 CFR part 15250 4
Marine Mammal Protection Act
Marine Mammal Public Display50 CFR part 18300150
Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery50 CFR part 1815075
—Renewal of Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery50 CFR part 1875

1 A reimbursable agreement may be required for specific eagle permits to cover the costs above estimated staff-hours.

2 An administration fee will be assessed at the time of application, in addition to the application fee.

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; 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]
§ 13.12 - General information requirements on applications for permits.

(a) General information required for all applications. All applications must contain the following information:

(1) Applicant's full name and address (street address, city, county, state, and zip code; and mailing address if different from street address); home and work telephone numbers; and, if available, a fax number and e-mail address, and:

(i) If the applicant resides or is located outside the United States, an address in the United States, and, if conducting commercial activities, the name and address of his or her agent that is located in the United States; and

(ii) If the applicant is an individual, the date of birth, occupation, and any business, agency, organizational, or institutional affiliation associated with the wildlife or plants to be covered by the license or permit; or

(iii) If the applicant is a business, corporation, public agency, or institution, the tax identification number; description of the type of business, corporation, agency, or institution; and the name and title of the person responsible for the permit (such as president, principal officer, or director);

(2) Location where the requested permitted activity is to occur or be conducted;

(3) Reference to the part(s) and section(s) of this subchapter B as listed in paragraph (b) of this section under which the application is made for a permit or permits, together with any additional justification, including supporting documentation as required by the referenced part(s) and section(s);

(4) If the requested permitted activity involves the import or re-export of wildlife or plants from or to any foreign country, and the country of origin, or the country of export or re-export restricts the taking, possession, transportation, exportation, or sale of wildlife or plants, documentation as indicated in § 14.52(c) of this subchapter B;

(5) Certification in the following language:

I hereby certify that I have read and am familiar with the regulations contained in title 50, part 13, of the Code of Federal Regulations and the other applicable parts in subchapter B of chapter I of title 50, Code of Federal Regulations, and I further certify that the information submitted in this application for a permit is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to suspension or revocation of this permit and to the criminal penalties of 18 U.S.C. 1001.

(6) Desired effective date of permit except where issuance date is fixed by the part under which the permit is issued;

(7) Date;

(8) Signature of the applicant; and

(9) Such other information as the Director determines relevant to the processing of the application, including, but not limited to, information on the environmental effects of the activity consistent with 40 CFR 1506.5 and Departmental procedures at 516 DM 6, Appendix 1.3A.

(b) Additional information required on permit applications. As stated in paragraph (a)(3) of this section, certain additional information is required on all permit applications. For CITES permit applications, see part 23 of this subchapter. Additional information required on applications for other types of permits may be found by referring to the sections of this subchapter cited in the following table:

Table 1 to Paragraph (b)

Type of permit Section
Importation at nondesignated ports:
Scientific14.31
Deterioration prevention14.32
Economic hardship14.33
Marking of package or container:
Symbol marking14.83
Import/export license14.93
Feather import quota: Importation or entry15.21
Injurious wildlife: Importation or shipment16.22
Endangered wildlife and plant permits:
Similarity of appearance17.52
Scientific, enhancement of propagation or survival, incidental taking for wildlife17.22
Scientific, propagation, or survival for plants17.62
Economic hardship for wildlife17.23
Economic hardship for plants17.63
Threatened wildlife and plant permits:
Similarity of appearance17.52
General for wildlife17.32
General for plants17.72
Marine mammals permits:
Scientific research18.31
Public display18.31
Migratory bird permits:
Taxidermist21.63
Import and export21.67
Banding or marking21.70
Scientific collecting21.73
Rehabilitation21.76
Falconry21.82
Raptor propagation permit21.85
Waterfowl sale and disposal21.88
Special purpose21.95
Depredation21.100
Special Canada goose21.120
Special double-crested cormorant21.123
Eagle permits:
Scientific or exhibition22.50.
Indian religious use22.60.
Falconry purposes22.70.
Depredation and protection of health and safety22.100.
Permits for incidental take of eagles22.200 or 22.210.
Permits for incidental take of eagles by power lines22.200 or 22.210.
Permits for disturbance take of eagles22.200 or 22.210.
Permits for nest take of eagle22.200 or 22.210.
Permits for golden eagle nest take for resource recovery operations22.325.
Permits for bald eagle take exempted under the Endangered Species Act22.400.
[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]
source: 39 FR 1161, Jan. 4, 1974, unless otherwise noted.
cite as: 50 CFR 13.12