Form 3-200-23 Federal Fish and Wildlife Permit Application Form

Federal Fish and Wildlife Permit Applications and Reports--Management Authority; 50 CFR 12, 13, 14, 15, 16, 17, 18, 21, 23

3-200-23 final rev

Export of Pre-Convention, Pre-Act, or Antique Specimens (CITES, MMPA, and/or ESA) - Application (private sector)

OMB: 1018-0093

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Department of the Interior

U.S. Fish and Wildlife Service

Federal Fish and Wildlife Permit Application Form


OMB No. 1018-0093

Expires XX/XX/2017


Return to: Division of Management Authority (DMA)

U.S. Fish and Wildlife Service

4401 N. Fairfax Drive, Room 212

Arlington, VA 22203

1-800-358-2104 or 703-358-2104

Type of Activity:

Export or Re-Export of Pre-Convention, Pre-Act, or Antique Specimens (CITES, MMPA and/or ESA)



Complete Sections A or B, and C, D, and E of this application. U.S. address may be required in Section C, see instructions for details.

See attached instruction pages for information on how to make your application complete and help avoid unnecessary delays.


A.

Complete if applying as an individual

1.a. Last name



1.b. First name

1.c. Middle name or initial

1.d. Suffix

2. Date of birth (mm/dd/yyyy)

3. Social Security No.

4. Occupation

5. Affiliation/ Doing business as (see instructions)


6.a. Telephone number

6.b. Alternate telephone number

6.c. Fax number


6.d. E-mail address


B.

Complete if applying on behalf of a business, corporation, public agency, Tribe, or institution

1.a. Name of business, agency, Tribe or institution


1.b. Doing business as (dba)



2. Tax identification no.



3. Description of business, agency, Tribe, or institution

4.a. Principal officer Last name



4.b. Principal officer First name

4.c. Principal officer Middle name/ initial

4.d. Suffix

5. Principal officer title




6. Primary contact name

7.a. Business telephone number

7.b. Alternate telephone number

7.c. Business fax number


7.d. Business e-mail address

C.

Applicant address All applicants complete address information

1.a. Physical address (Street address; Apartment #, Suite #, or Room #; no P.O. Boxes)



1.b. City



1.c. State

1.d. Zip code/Postal code:

1.e. County/Province

1.f. Country


2.a. Mailing Address (include if different than physical address; include name of contact person if applicable)



2.b. City



2.c. State

2.d. Zip code/Postal code:

2.e. County/Province

2.f. Country



D.

All applicants MUST complete

1.

Attach check or money order payable to the U.S. FISH AND WILDLIFE SERVICE in the amount of $75 nonrefundable processing fee. Federal, Tribal, State, and local government agencies, and those acting on behalf of such agencies, are exempt from the processing fee – attach documentation of fee exempt status as outlined in instructions. (50 CFR 13.11(d))

2.

Do you currently have or have you ever had any Federal Fish and Wildlife permits?

Yes If yes, list the number of the most current permit you have held or that you are applying to renew/re-issue: _________________________________No

3.

Certification: 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, and I 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 the criminal penalties of 18 U.S.C. 1001.


________________________________________________________________________________________________________________________

Signature (in blue ink) of applicant/person responsible for permit (No photocopied or stamped signatures) Date of signature (mm/dd/yyyy)

Please continue to next page


E. Export of Pre-Convention, Pre-Act, or Antique Specimens (CITES, MMPA and/or ESA)


Description

Applicable Date

pre-Convention

Specimen was acquired (removed from the wild or held in captivity or a controlled environment) before the date CITES applied to it. The listing date can be found at the CITES website (http://www.cites.org).

pre-Act

Specimen was acquired or held in a controlled environment on or before (a) December 28, 1973 or the date when the species was listed, and (b) has not entered into commerce (e.g., been bought, sold, or offered for sale by you or anyone else) since December 28, 1973, or the date when listed.

Antique

Specimen was manufactured or removed from the wild over 100 years old ago and has entered at a port1 designated for the import of ESA antiques.

pre-MMPA

Specimen was taken prior to December 21, 1972.

CITES - Convention on International Trade in Endangered Species of Wild Fauna and Flora

MMPA – Marine Mammal Protection Act

Act – Endangered Species Act (ESA)



Provide the following information. Complete all questions on the application. Mark questions that are not applicable with "N/A". If needed, use a separate sheet of paper. On all attachments or separate sheets you submit, indicate the application question number you are addressing.


Note 1: For shipment of Brazilian rosewood (Dalbergia nigra), submit form 3-200-32

(http://www.fws.gov/international/permits/by-form-number/index.html)).


Note 2: Finished products of some timber species, such as bigleaf mahagony, are not covered under CITES (only logs, sawn timber, and veneer). If you are attempting to export furniture, please contact the Division of Management Authority to determine if a CITES document is required.


Note 3: For fossilized walrus ivory removed from the wild after 1972, please use form 3-200-27 (http://www.fws.gov/international/permits/by-form-number/index.html)


Note 4: Raw ivory tusks may not be re-exported. African elephant ivory removed from the wild after February 4, 1976, is not considered to be Pre-Convention; and worked African elephant ivory may only be re-exported for non-commercial purposes. If you would like to re-export such items, submit form 3-200-73

(http://www.fws.gov/international/permits/by-form-number/index.html).




Electronic submission of inventories, photographs, and receipts: Some applications contain long inventories and/or a large number of photographs or receipts. You may provide electronic versions of these documents. Such a submission may assist to expedite the processing of your application since it will eliminate the need for data entry by U.S. Fish and Wildlife Service. You may include a disk containing your information or


___ check here to be contacted via e-mail to provide an electronic inventory.








1 U.S. Customs and Border Protection (CBP) designated 13 ports for the entry of antiques made of ESA-listed species on September 22, 1982 (19 C.F.R. 12.26). The following ports are authorized: Boston, Massachusetts; New York, New York; Baltimore, Maryland; Philadelphia, Pennsylvania; Miami, Florida; San Juan, Puerto Rico; New Orleans, Louisiana; Houston, Texas; Los Angeles, California; San Francisco, California; Anchorage, Alaska; Honolulu, Hawaii; and Chicago, Illinois.

  1. For EACH specimen being exported/re-exported, please provide the following:


Scientific name (genus, species, and, if applicable, subspecies)

Common Name

Qty.

Description of Item (published description from a catalog or art book)

Size (in metrics)


Date of Manufacture

Date of acquisition (e.g., bill of sale, U.S. Customs import declaration, transferred document)





































2. Provide the current location of specimen(s) (address and country):


Name:


Address:


City:


State/Providence:


County, Postal Code:



3. What is the purpose of the export?

____ Commercial ____ Personal ____ Exhibition

____ Scientific ____ Breeding ____ Other (specify: ______________________)



4. Name and address of foreign recipient


Name:


Address:


City:


State/Providence:


County, Postal Code:



5. If protected under CITES, provide documents, signed statement, or other evidence that the specimen(s) was obtained or manufactured prior to the date CITES applied to the item (see pre-Convention definition above).



6. For specimens(s) protected under the U.S. Endangered Species Act (ESA), provide one of the following:

a. For Antiques (see definition above):

i. Provide documentation which shows the age OR a statement from a qualified appraiser attesting to the age; AND

ii. Signed statement that the item has not been repaired or modified on or after December 28, 1973 with any part of any species protected by ESA.


b. For the export of all other items that are less than 100 years old (see pre-Act definition above) and that are not African elephant ivory:

Has this item entered into commerce (e.g., been bought, sold, or offered for sale by you or anyone else) since December 28, 1973? Yes ______ No ______.

i. If Yes, you must complete form 3-200-37 [http://www.fws.gov/international/permits/by-form-number/index.html].

ii. If No, sign the below certification:


CERTIFICATION STATEMENT original signature is required

I certify to the best of my knowledge and belief that each of the items identified in question 1 was 1) held in captivity or in a controlled environment on December 28, 1973, or the species listing date, if later; 2) that the purposes of such holding were not contrary to the purposes of the Act; and 3) that the wildlife was not held in the course of a commercial activity (if you have questions about this certification statement, please contact the Division of Management Authority).



Applicant's signature: ________________________________________ Date: ____________________


7. If the specimen is protected under the Marine Mammal Protection Act, provide an affidavit and supporting documentation that the item was taken prior to December 21, 1972, as outlined in 50 CFR 18.14 (http://ecfr.gpoaccess.gov/). For cetacean (whales) and pinniped (seals and seal lions; not walrus) specimens, provide either a copy of NOAA Fisheries letter of authorization or evidence that NOAA Fisheries has been contacted.


8. If Re-export provide:

a. A copy of canceled CITES export or re-export document issued by the appropriate CITES office in the country from which the wildlife was imported; and

b. Cleared Wildlife Declaration for Import form 3-177, animal only.


9. Is this shipment a sample collection being exported for temporary exhibition or display purposes and accompanied by a valid ATA carnet?

___NO ___YES - provide ATA carnet document number _____________________.


10. For live animals, the transport conditions must comply with the CITES Guidelines for Transport of Live Animals or, in the case of air transport, with the International Air Transport Association (IATA) live animal regulations (contact airline for information). As such, describe:

a. The type, size, and construction of any shipping container; and,

b. The arrangements for watering or otherwise caring for the wildlife during transport.



Be aware that there may be additional permitting or approval requirements by your local or state government, as well as required by other Federal agencies or foreign government to conduct your propose activity. While the Service will attempt to assist you, it is your responsibility to obtain such approval.


11. All international shipment(s) must be through a designated port. A list of designated ports (where an inspector is posted) is available from http://www.fws.gov/le/designated-ports.html. If you wish to use a port not listed, please contact the Office of Law Enforcement for a Designated Port Exemption Permit (form 3-200-2).



12. Name and address where you wish permit mailed, if different from page 1 (All permits will be mailed via the U.S. Postal Service, unless you identify an alternative means below):






13. If you wish the permit to be delivered by means other than USPS regular mail, provide an air bill, pre-paid envelope, or billing information. If you do not have a pre-paid envelope or air bill and wish to pay for a courier service with your credit card, please state check the box below. Please DO NOT include credit card number or other information; you will be contacted for this information.

If a permit is issued, please send it via a courier service to the address on page 1 or question 12. I understand that you will contact me for my credit card information once the application has been processed.



14. Who should we contact if we have questions about the application? (Include name, phone number, and email):




15. Disqualification Factor.  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 Service Director in response to a written petition.  (50 CFR 13.21(c))  Have you or any of the owners of the business, if applying as a business, been convicted, or entered a plea of guilty or nolo contendere, forfeited collateral, or are currently under charges for any violations of the laws mentioned above? 

 

___  Yes     ___  No    If you answered “Yes” provide: a) the individual’s name, b) date of charge, c) charge(s), d) location of incident, e) court, and f) action taken for each violation. 


APPLICATION FORM INSTRUCTIONS


The following instructions pertain to an U.S. Fish and Wildlife Service (FWS) permit applications. The General Permit Procedures in 50 CFR 13 address the permitting process. For simplicity, all licenses, permits, registrations, and certificates are referred to as a permit.


GENERAL INSTRUCTIONS:

  • Complete all relevant questions in Sections A or B, C, D, and E.

  • An incomplete application may cause delays in processing or may be returned to the applicant. Be sure you are filling in the appropriate application form for the proposed activity.

  • Print clearly or type in the information. Illegible applications may cause delays.

  • Sign the application in blue ink. Faxes or copies of the original signature will not be accepted.

  • Mail the original application to the address at the top of page one of the applications or, if applicable, on the attached address list.

  • Keep a copy of your completed application.

  • Please plan ahead. Allow at least 60 days for your application to be processed, however, some applications may take longer than 90 days to process (50 CFR 13.11).

  • Applications are processed in the order they are received.


SECTION A OR SECTION B:


Section A. Complete if applying as an individual [do not complete this section if applying for Import/Export License (3-200-3)]:

  • Enter the complete name of the responsible individual who will be the permittee if a permit is issued. Enter personal information that identifies the applicant. Fax and e-mail, while helpful in processing, are not required.

  • If you are applying on behalf of a client, the personal information must pertain to the client, and a document evidencing power of attorney must be included with the application.

  • Affiliation/ Doing business as (dba): business, agency, organizational, Tribe, or institutional affiliation directly related to the activity requested in the application (e.g., a taxidermist is an individual whose business can directly relate to the requested activity). The Division of Management Authority (DMA) and the Office of Law Enforcement (OLE) do not accept doing business as affiliations for individuals (complete Section B)..


Section B. Complete if applying as a business, corporation, public agency, Tribe, or institution:

  • Enter the complete name of the business, agency, or institution that will be the permittee if a permit is issued. Give a brief description of the type of business the applicant is engaged in. Provide contact phone number(s) of the business. If you are applying on behalf of a client, a document evidencing power of attorney must be included with the application.

  • Principal Officer is the person in charge of the listed business, corporation, public agency, Tribe, or institution. The principal officer is the person responsible for the application and any permitted activities. Often the principal officer is a Director or President. Primary Contact is the person at the business, corporation, public agency, or institution who will be available to answer questions about the application or permitted activities. Often this is the preparer of the application.


ALL APPLICANTS COMPLETE SECTION C:

  • For all applications submitted to the Division of Management Authority (DMA) and Office of Law Enforcement (OLE), a physical U.S. address is required. Province and Country blocks are provided for those USFWS programs that use foreign addresses and are not required by DMA.

  • Mailing address is the address to which communications from USFWS should be mailed if different from applicant’s physical address.


ALL APPLICANTS COMPLETE SECTION D:

Section D.1 Application processing fee:

  • An application processing fee is required at the time of application, unless exempted under 50 CFR13. The application processing fee is assessed to partially cover the cost of processing a request. The fee does not guarantee the issuance of a permit, nor will fees be refunded for applications for which processing has begun.

  • Documentation of fee exempt status is not required for applications submitted by Federal, Tribal, State, or local government agencies; but must be supplied by those applicants acting on behalf of such agencies. Such applications must include a letter on agency letterhead and signed by the head of the unit of government for which the applicant is acting on behalf, confirming that the applicant will be carrying out the permitted activity for the agency.


Section D.2 Federal Fish and Wildlife permits:

  • List the number(s) of your most recent issued USFWS permit. If applying for re-issuance of a CITES permit, the original permit must be returned with this application.


Section D.3 CERTIFICATION:

  • The individual identified in Section A, the principal officer named in Section B, or person with a valid power of attorney (documentation must be included in the application) must sign and date the application in blue ink. This signature legally binds the applicant to the statement of certification. You are certifying that you have read and understand the regulations that apply to the permit. You are also certifying that all information included in the application is true to the best of your knowledge. Be sure to read the statement and re-read the application and your answers before signing.



Please continue to next page. DO NOT RETURN THIS PAGE WITH THE APPLICATION


APPLICATION FOR A FEDERAL FISH AND WILDLIFE PERMIT

Paperwork Reduction Act, Privacy Act, and Freedom of Information Act – Notices


In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) and the Privacy Act of 1974 (5 U.S.C. 552a), please be advised:


  1. The gathering of information on fish and wildlife is authorized by:

(Authorizing statutes can be found at: http://www.gpoaccess.gov/cfr/index.html and http://www.fws.gov/permits/ltr/ltr.html


a. Bald and Golden Eagle Protection Act (16 U.S.C. 668), 50 CFR 22;

b. Endangered Species Act of 1973 (16 U.S.C. 1531-1544), 50 CFR 17;

c. Migratory Bird Treaty Act (16 U.S.C. 703-712), 50 CFR 21;

d. Marine Mammal Protection Act of 1972 (16 U.S.C. 1361, et. seq.), 50 CFR 18;

e. Wild Bird Conservation Act (16 U.S.C. 4901-4916), 50 CFR 15;

f. Lacey Act: Injurious Wildlife (18 U.S.C. 42), 50 CFR 16;

g. Convention on International Trade in Endangered Species of Wild Fauna and Flora (TIAS 8249), http://www.cites.org/ , 50 CFR 23;

h. General Provisions, 50 CFR 10;

i. General Permit Procedures, 50 CFR 13; and

j. Wildlife Provisions (Import/export/transport), 50 CFR 14.


2. Information requested in this form is purely voluntary. However, submission of requested information is required in order to process applications for permits authorized under the above laws. Failure to provide all requested information may be sufficient cause for the U.S. Fish and Wildlife Service to deny the request. We may not conduct or sponsor and you are not required to respond to collection of information unless it displays a currently valid OMB control number. .


3. Certain applications for permits authorized under the Endangered Species Act of 1973 (16 U.S.C. 1539) and the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374) will be published in the Federal Register as required by the two laws.


4. Disclosures outside the Department of the Interior may be made without the consent of an individual under the routine uses listed below, if the disclosure is compatible with the purposes for which the record was collected. (Ref. 68 FR 52611, September 4, 2003)


a. Routine disclosure to subject matter experts, and Federal, Tribal, State, local, and foreign agencies, for the purpose of obtaining advice relevant to making a decision on an application for a permit or when necessary to accomplish a FWS function related to this system of records.

b. Routine disclosure to the public as a result of publishing Federal Register notices announcing the receipt of permit applications for public comment or notice of the decision on a permit application.

c. Routine disclosure to Federal, Tribal, State, local, or foreign wildlife and plant agencies for the exchange of information on permits granted or denied to assure compliance with all applicable permitting requirements.

d. Routine disclosure to Captive‑bred Wildlife registrants under the Endangered Species Act for the exchange of authorized species, and to share information on the captive breeding of these species.

e. Routine disclosure to Federal, Tribal, State, and local authorities who need to know who is permitted to receive and rehabilitate sick, orphaned, and injured birds under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act; federally permitted rehabilitators; individuals seeking a permitted rehabilitator with whom to place a bird in need of care; and licensed veterinarians who receive, treat, or diagnose sick, orphaned, and injured birds.

f. Routine disclosure to the Department of Justice, or a court, adjudicative, or other administrative body or to a party in litigation before a court or adjudicative or administrative body, under certain circumstances.

g. Routine disclosure to the appropriate Federal, Tribal, State, local, or foreign governmental agency responsible for investigating, prosecuting, enforcing, or implementing statutes, rules, or licenses, when we become aware of a violation or potential violation of such statutes, rules, or licenses, or when we need to monitor activities associated with a permit or regulated use.

h. Routine disclosure to a congressional office in response to an inquiry to the office by the individual to whom the record pertains.

i. Routine disclosure to the Government Accountability Office or Congress when the information is required for the evaluation of the permit programs.

j. Routine disclosure to provide addresses obtained from the Internal Revenue Service to debt collection agencies for purposes of locating a debtor to collect or compromise a Federal claim against the debtor or to consumer reporting agencies to prepare a commercial credit report for use by the FWS.


5. For individuals, personal information such as home address and telephone number, financial data, and personal identifiers (social security number, birth date, etc.) will be removed prior to any release of the application.


6. The public reporting burden on the applicant for information collection varies depending on the activity for which a permit is requested. The relevant burden for an Export of Pre-Convention, Pre-Act, or Antique Specimens application is 45 minutes. This burden estimate includes time for reviewing instructions, gathering and maintaining data and completing and reviewing the form. You may direct comments regarding the burden estimate or any other aspect of the form to the Service Information Clearance Officer, U.S. Fish and Wildlife Service, Mail Stop 2042-PDM, U.S. Department of the Interior, 1849 C Street, NW, Washington D.C. 20240.


Freedom of Information Act – Notice

For organizations, businesses, or individuals operating as a business (i.e., permittees not covered by the Privacy Act), we request that you identify any information that should be considered privileged and confidential business information to allow the Service to meet its responsibilities under FOIA. Confidential business information must be clearly marked "Business Confidential" at the top of the letter or page and each succeeding page and must be accompanied by a non-confidential summary of the confidential information. The non-confidential summary and remaining documents may be made available to the public under FOIA [43 CFR 2.13(c)(4), 43 CFR 2.15(d)(1)(i)].


DO NOT RETURN THIS PAGE WITH THE APPLICATION

3-200-23 Rev. 02/2014 Page 7 of 7

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