50 CFR 13 General Permit Procedures

50 CFR Part 13 (up to date as of 3/24/2023)
General Permit Procedures

50 CFR Part 13

This content is from the eCFR and is authoritative but unofficial.

Title 50 - Wildlife and Fisheries
Chapter I - United States Fish and Wildlife Service, Department of the Interior
Subchapter B - Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and
Importation of Wildlife and Plants
Part 13 General Permit Procedures
Subpart A Introduction
§ 13.1 General.
§ 13.2 Purpose of regulations.
§ 13.3 Scope of regulations.
§ 13.4 Emergency variation from requirements.
§ 13.5 Information collection requirements.
Subpart B Application for Permits
§ 13.11 Application procedures.
§ 13.12 General information requirements on applications for permits.
Subpart C Permit Administration
§ 13.21 Issuance of permits.
§ 13.22 Renewal of permits.
§ 13.23 Amendment of permits.
§ 13.24 Right of succession by certain persons.
§ 13.25 Transfer of permits and scope of permit authorization.
§ 13.26 Discontinuance of permit activity.
§ 13.27 Permit suspension.
§ 13.28 Permit revocation.
§ 13.29 Review procedures.
Subpart D Conditions
§ 13.41 Humane conditions.
§ 13.42 Permits are specific.
§ 13.43 Alteration of permits.
§ 13.44 Display of permit.
§ 13.45 Filing of reports.
§ 13.46 Maintenance of records.
§ 13.47 Inspection requirement.
§ 13.48 Compliance with conditions of permit.
§ 13.49 Surrender of permit.
§ 13.50 Acceptance of liability.

50 CFR Part 13 (enhanced display)

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50 CFR Part 13 (up to date as of 3/24/2023)
General Permit Procedures

50 CFR 13

PART 13 - GENERAL PERMIT PROCEDURES
Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42;
19 U.S.C. 1202; 31 U.S.C. 9701.

Source: 39 FR 1161, Jan. 4, 1974, unless otherwise noted.

Subpart A - Introduction
§ 13.1 General.
(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.
[72 FR 48445, Aug. 23, 2007]

§ 13.2 Purpose of regulations.
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.
[54 FR 38147, Sept. 14, 1989]

§ 13.3 Scope of regulations.
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.
[70 FR 18317, Apr. 11, 2005, as amended at 79 FR 30417, May 27, 2014]

§ 13.4 Emergency variation from requirements.
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.
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50 CFR Part 13 (up to date as of 3/24/2023)
General Permit Procedures

50 CFR 13.5

§ 13.5 Information collection requirements.
(a) The Office of Management and Budget approved the information collection requirements contained in this
part 13 under 44 U.S.C. and assigned OMB Control Number 1018-0092. The Service may not conduct or
sponsor, and you are not required to respond, to a collection of information unless it displays a currently
valid OMB control number. We are collecting this information to provide information necessary to evaluate
permit applications. We will use this information to review permit applications and make decisions,
according to criteria established in various Federal wildlife conservation statutes and regulations, on the
issuance, suspension, revocation, or denial permits. You must respond to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting requirements to vary from 15 minutes to 4
hours per response, with an average of 0.803 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments
regarding the burden estimate or any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC
20240, or the Office of Management and Budget, Paperwork Reduction Project (1018-0092), Washington,
DC 20603.
[63 FR 52634, Oct. 1, 1998]

Subpart B - Application for Permits
§ 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.
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General Permit Procedures

50 CFR 13.11(b)(4)

(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 the
activity in accordance with § 13.1. You may submit a single application in such cases, provided that

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50 CFR Part 13 (up to date as of 3/24/2023)
General Permit Procedures

50 CFR 13.11(d)(3)

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.
(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 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.

(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).
Permit
CFR
Administration Amendment
application
Citation
fee1
fee
fee

Type of permit

Migratory Bird Treaty Act
Migratory Bird Import/Export

50 CFR
part 21

75

Migratory Bird Banding or Marking

50 CFR
part 21

No fee

Migratory Bird Scientific Collecting

50 CFR
part 21

100

Migratory Bird Taxidermy

50 CFR
part 21

100

Waterfowl Sale and Disposal

50 CFR
part 21

75

Special Canada Goose

50 CFR
part 21

No fee

Migratory Bird Special Purpose/Education

50 CFR
part 21

75

Migratory Bird Special Purpose/Salvage

50 CFR
part 21

75

Migratory Bird Special Purpose/Game Bird
Propagation

50 CFR
part 21

75

Migratory Bird Special Purpose/Miscellaneous

50 CFR
part 21

100

Raptor Propagation

50 CFR

100

50 CFR 13.11(d)(4) (enhanced display)

50

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General Permit Procedures

50 CFR 13.11(d)(4)

Permit
CFR
Administration Amendment
application
Citation
fee1
fee
fee

Type of permit

part 21
Migratory Bird Rehabilitation

50 CFR
part 21

50

Migratory Bird Depredation

50 CFR
part 21

100

Migratory Bird Depredation/Homeowner

50 CFR
part 21

50

50

Bald and Golden Eagle Protection Act
Eagle Scientific Collecting

50 CFR
part 22

100

50

Eagle Exhibition

50 CFR
part 22

75

Eagle - Native American Religion

50 CFR
part 22

No fee

Eagle Take permits - Depredation and Protection of
Health and Safety

50 CFR
part 22

100

Golden Eagle Nest Take

50 CFR
part 22

100

Eagle Transport - Scientific or Exhibition

50 CFR
part 22

75

Eagle Transport - Native American Religious
Purposes

50 CFR
part 22

No fee

Eagle Incidental Take - Up to 5 years, Commercial

50 CFR
part 22

2,500

500

Eagle Incidental Take - Non-commercial

50 CFR
part 22

500

150

Eagle Incidental Take - 5-30 years

50 CFR
part 22

36,000

Eagle Incidental Take - Transfer of a permit

50 CFR
part 22

1,000

Eagle Nest Take - Single nest, Commercial

50 CFR
part 22

2,500

500

Eagle Nest Take - Single nest, Non-commercial

50 CFR
part 22

500

150

Eagle Nest Take - Multiple nests

50 CFR
part 22

5,000

500

Eagle Take - Exempted under ESA

50 CFR
part 22

No fee

50

1

8,000

Endangered Species Act/CITES/Lacey Act
ESA Recovery

50 CFR
part 17

100

50

ESA Interstate Commerce

50 CFR

100

50

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50 CFR Part 13 (up to date as of 3/24/2023)
General Permit Procedures

Type of permit

50 CFR 13.11(d)(4)

Permit
CFR
Administration Amendment
application
Citation
fee1
fee
fee
part 17

ESA Enhancement of Survival (Safe Harbor
Agreement)

50 CFR
part 17

50

25

ESA Enhancement of Survival (Candidate
Conservation Agreement with Assurances)

50 CFR
part 17

50

25

ESA Incidental Take (Habitat Conservation Plan)

50 CFR
part 17

100

50

ESA and CITES Import/Export and Foreign
Commerce

50 CFR
part 17

100

50

ESA and CITES Museum Exchange

50 CFR
part 17

100

50

ESA Captive-bred Wildlife Registration

50 CFR
part 17

200

100

- Renewal of Captive-bred Wildlife Registration

50 CFR
part 17

100

CITES Import (including trophies under ESA and
MMPA)

50 CFR
parts
17, 18,
23

100

50

CITES Export

50 CFR
part 23

100

50

CITES Pre-Convention

50 CFR
part 23

75

40

CITES Certificate of Origin

50 CFR
part 23

75

40

CITES Re-export

50 CFR
part 23

75

40

CITES Personal Effects and Pet Export/Re-export

50 CFR
part 23

50

CITES Appendix II Export (native furbearers and
alligators - excluding live animals)

50 CFR
part 23

100

50

CITES Master File (includes files for artificial
propagation, biomedical, etc., and covers import,
export, and re-export documents)

50 CFR
part 23

200

100

- Renewal of CITES Master File

50 CFR
part 23

100

- Single-use permits issued on Master File

50 CFR
part 23

52

CITES Annual Program File

50 CFR
part 23

50

- Single-use permits issued under Annual Program

50 CFR
part 23

52

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General Permit Procedures

50 CFR 13.11(d)(4)

Permit
CFR
Administration Amendment
application
Citation
fee1
fee
fee

Type of permit
CITES replacement documents (lost, stolen, or
damaged documents)

50 CFR
part 23

50

50

CITES Passport for Traveling Exhibitions and Pets

50 CFR
part 23

753

CITES/ESA Passport for Traveling Exhibitions

50 CFR
part 23

1003

CITES Introduction from the Sea

50 CFR
part 23

100

CITES Participation in the Plant Rescue Center
Program

50 CFR
part 23

No fee

CITES Registration of Commercial Breeding
Operations for Appendix-I Wildlife

50 CFR
part 23

100

CITES Request for Approval of an Export Program
for a State or Tribe (American Ginseng, Certain
Furbearers, and American Alligator)

50 CFR
part 23

No fee

Import/Export License

50 CFR
part 14

100

50

Designated Port Exception

50 CFR
part 14

100

50

Injurious Wildlife Permit

50 CFR
part 16

100

50

- Transport Authorization for Injurious Wildlife

50 CFR
part 16

25

50

Wild Bird Conservation Act (WBCA)
Personal Pet Import

50 CFR
part 15

50

WBCA Scientific Research, Zoological Breeding or
Display, Cooperative Breeding

50 CFR
part 15

100

50

WBCA Approval of Cooperative Breeding Program

50 CFR
part 15

200

100

- Renewal of a WBCA Cooperative Breeding
Program

50 CFR
part 15

50

WBCA Approval of a Foreign Breeding Facility

50 CFR
part 15

2504

Marine Mammal Protection Act
Marine Mammal Public Display

50 CFR
part 18

300

150

Marine Mammal Scientific Research/Enhancement/ 50 CFR
Registered Agent or Tannery
part 18

150

75

- Renewal of Marine Mammal Scientific Research/
Enhancement/Registered Agent or Tannery

75

50 CFR 13.11(d)(4) (enhanced display)

50 CFR
part 18

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50 CFR Part 13 (up to date as of 3/24/2023)
General Permit Procedures

50 CFR 13.11(d)(5)

1

An additional Administration Fee of $8,000 will be assessed every 5 years for permits with
durations longer than 5 years for permit review.
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; 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]

§ 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, social security number, if available, 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);
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General Permit Procedures

50 CFR 13.12(a)(2)

(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:
Scientific

14.31

Deterioration prevention

14.32

Economic hardship

14.33

Marking of package or container:
Symbol marking

14.83

Import/export license

14.93

Feather import quota: Importation or entry

15.21

Injurious wildlife: Importation or shipment

16.22

Endangered wildlife and plant permits:
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50 CFR Part 13 (up to date as of 3/24/2023)
General Permit Procedures

Type of permit

50 CFR 13.12(b)

Section

Similarity of appearance

17.52

Scientific, enhancement of propagation or survival, incidental taking for wildlife

17.22

Scientific, propagation, or survival for plants

17.62

Economic hardship for wildlife

17.23

Economic hardship for plants

17.63

Threatened wildlife and plant permits:
Similarity of appearance

17.52

General for wildlife

17.32

General for plants

17.72

Marine mammals permits:
Scientific research

18.31

Public display

18.31

Migratory bird permits:
Taxidermist

21.63

Import and export

21.67

Banding or marking

21.70

Scientific collecting

21.73

Rehabilitation

21.76

Falconry

21.82

Raptor propagation permit

21.85

Waterfowl sale and disposal

21.88

Special purpose

21.95

Depredation

21.100

Special Canada goose

21.120

Special double-crested cormorant

21.123

Eagle permits:
Scientific or exhibition

22.50

Indian religious use

22.60

Falconry purposes

22.70

Take of golden eagle nests

22.75

Eagle take - Associated with but not the purpose of an activity

22.80

Eagle nest take

22.85

Eagle take - Exempted under ESA

22.90

Depredation and protection of health and safety

22.100

[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]

50 CFR 13.12(b) (enhanced display)

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General Permit Procedures

50 CFR 13.21

Subpart C - Permit Administration
§ 13.21 Issuance of permits.
(a) No permit may be issued prior to the receipt of a written application therefor, unless a written variation
from the requirements, as authorized by § 13.4, is inserted into the official file of the Bureau. An oral or
written representation of an employee or agent of the United States Government, or an action of such
employee or agent, shall not be construed as a permit unless it meets the requirements of a permit as
defined in 50 CFR 10.12.
(b) Upon receipt of a properly executed application for a permit, the Director shall issue the appropriate
permit unless:
(1) The applicant has been assessed a civil penalty or convicted of any criminal provision of any statute
or regulation relating to the activity for which the application is filed, if such assessment or
conviction evidences a lack of responsibility.
(2) The applicant has failed to disclose material information required, or has made false statements as
to any material fact, in connection with his application;
(3) The applicant has failed to demonstrate a valid justification for the permit and a showing of
responsibility;
(4) The authorization requested potentially threatens a wildlife or plant population, or
(5) The Director finds through further inquiry or investigation, or otherwise, that the applicant is not
qualified.
(c) Disqualifying factors. Any one of the following will disqualify a person from receiving permits issued under
this part.
(1) A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation of the Lacey Act, the
Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act disqualifies any such person
from receiving or exercising the privileges of a permit, unless such disqualification has been
expressly waived by the Director in response to a written petition.
(2) The revocation of a permit for reasons found in § 13.28 (a)(1) or (a)(2) disqualifies any such person
from receiving or exercising the privileges of a similar permit for a period of five years from the date
of the final agency decision on such revocation.
(3) The failure to pay any required fees or assessed costs and penalties, whether or not reduced to
judgement disqualifies such person from receiving or exercising the privileges of a permit as long as
such moneys are owed to the United States. This requirement shall not apply to any civil penalty
presently subject to administrative or judicial appeal; provided that the pendency of a collection
action brought by the United States or its assignees shall not constitute an appeal within the
meaning of this subsection.
(4) The failure to submit timely, accurate, or valid reports as required may disqualify such person from
receiving or exercising the privileges of a permit as long as the deficiency exists.
(d) Use of supplemental information. The issuing officer, in making a determination under this subsection,
may use any information available that is relevant to the issue. This may include any prior conviction, or
entry of a plea of guilty or nolo contendere, or assessment of civil or criminal penalty for a violation of any
Federal or State law or regulation governing the permitted activity. It may also include any prior permit
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50 CFR 13.21(e)

revocations or suspensions, or any reports of State or local officials. The issuing officer shall consider all
relevant facts or information available, and may make independent inquiry or investigation to verify
information or substantiate qualifications asserted by the applicant.
(e) Conditions of issuance and acceptance (1) Conditions of issuance and acceptance. Any permit automatically incorporates within its terms the
conditions and requirements of subpart D of this part and of any part(s) or section(s) specifically
authorizing or governing the activity for which the permit is issued, as well as any other conditions
deemed appropriate and included on the face of the permit at the discretion of the Director.
(2) Any person accepting and holding a permit under this subchapter B acknowledges the necessity for
close regulation and monitoring of the permitted activity by the Government. By accepting such
permit, the permittee consents to and shall allow entry by agents or employees of the Service upon
premises where the permitted activity is conducted at any reasonable hour. Service agents or
employees may enter such premises to inspect the location; any books, records, or permits required
to be kept by this subchapter B; and any wildlife or plants kept under authority of the permit.
(f) Term of permit. Unless otherwise modified, a permit is valid during the period specified on the face of the
permit. Such period shall include the effective date and the date of expiration.
(g) Denial. The issuing officer may deny a permit to any applicant who fails to meet the issuance criteria set
forth in this section or in the part(s) or section(s) specifically governing the activity for which the permit is
requested.
[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]

§ 13.22 Renewal of permits.
(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.
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50 CFR 13.23

[54 FR 38148, Sept. 14, 1989, as amended at 72 FR 48446, Aug. 23, 2007]

§ 13.23 Amendment of permits.
(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) 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 any such amendment of a permit issued under § 17.22(b) through (d)
or § 17.32(b) through (d) of this subchapter shall be consistent with the requirements of § 17.22(b)(5),
(c)(5) and (d)(5) or § 17.32(b)(5), (c)(5) and (d)(5) of this subchapter, respectively.
(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.
[54 FR 38148, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]

§ 13.24 Right of succession by certain persons.
(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 § 17.22(b) through (d) or § 17.32(b) through (d) or permits issued
under § 22.80 of this subchapter B, 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.
[64 FR 32711, June 17, 1999, as amended at 78 FR 73725, Dec. 9, 2013; 87 FR 880, Jan. 5, 2022]

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50 CFR 13.25

§ 13.25 Transfer of permits and scope of permit authorization.
(a) Except as otherwise provided for in this section, permits issued under this part are not transferable or
assignable.
(b) Permits issued under § 17.22(b) through (d) or § 17.32(b) through (d) or permits issued under § 22.80 of
this subchapter B may be transferred in whole or in part through a joint submission by the permittee and
the proposed transferee, or in the case of a deceased permittee, the deceased permittee's legal
representative and the proposed transferee, provided we determine that:
(1) The proposed transferee meets all of the qualifications under this part for holding a permit;
(2) The proposed transferee has provided adequate written assurances of sufficient funding for the
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 proposed transferee has provided other information that we determine is relevant to the
processing of the submission.
(c) In the case of the transfer of lands subject to an agreement and permit issued under § 17.22(c) or (d) or §
17.32 (c) or (d) of this subchapter B, 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)-(d) or § 17.32(b)-(d) of this subchapter to a State or local
governmental 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 § 22.80 of this subchapter B to a Federal, State, tribal, or local
governmental entity, a person is under the direct control of the permittee if the person is under the
jurisdiction of the permittee, provided the permittee has the regulatory authority to require the person to
comply with the terms and conditions of the permit and the permit provides that such person(s) may carry
out the authorized activity.
[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]

§ 13.26 Discontinuance of permit activity.
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.
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50 CFR 13.27

[54 FR 38149, Sept. 14, 1989]

§ 13.27 Permit suspension.
(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.
[54 FR 38149, Sept. 14, 1989]

§ 13.28 Permit revocation.
(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) through (d) or § 17.32(b) through (d) 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.
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50 CFR 13.28(b)

(b) Procedure for revocation.
(1) When the issuing officer believes there are valid grounds for revoking a permit, the permittee shall be
notified in writing of the proposed revocation by certified or registered mail. This notice shall identify
the permit to be revoked, the reason(s) for such revocation, the proposed disposition of the wildlife,
if any, and inform the permittee of the right to object to the proposed revocation. The issuing officer
may amend any notice of revocation at any time.
(2) Upon receipt of a notice of proposed revocation the permittee may file a written objection to the
proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date
of the notice of proposal, must state the reasons why the permittee objects to the proposed
revocation, and may include supporting documentation.
(3) A decision on the revocation shall be made within 45 days after the end of the objection period. The
issuing officer shall notify the permittee in writing of the Service's decision and the reasons
therefore, together with the information concerning the right to request and the procedures for
requesting reconsideration.
(4) Unless a permittee files a timely request for reconsideration, any wildlife held under authority of a
permit that is revoked must be disposed of in accordance with instructions of the issuing officer. If a
permittee files a timely request for reconsideration of a proposed revocation, such permittee may
retain possession of any wildlife held under authority of the permit until final disposition of the
appeal process.
[54 FR 38149, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]

§ 13.29 Review procedures.
(a) Request for reconsideration. Any person may request reconsideration of an action under this part if that
person is one of the following:
(1) An applicant for a permit who has received written notice of denial;
(2) An applicant for renewal who has received written notice that a renewal is denied;
(3) A permittee who has a permit amended, suspended, or revoked, except for those actions which are
required by changes in statutes or regulations, or are emergency changes of limited applicability for
which an expiration date is set within 90 days of the permit change; or
(4) A permittee who has a permit issued or renewed but has not been granted authority by the permit to
perform all activities requested in the application, except when the activity requested is one for
which there is no lawful authority to issue a permit.
(b) Method of requesting reconsideration. Any person requesting reconsideration of an action under this part
must comply with the following criteria:
(1) Any request for reconsideration must be in writing, signed by the person requesting reconsideration
or by the legal representative of that person, and must be submitted to the issuing officer.
(2) The request for reconsideration must be received by the issuing officer within 45 calendar days of
the date of notification of the decision for which reconsideration is being requested.

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50 CFR 13.29(b)(3)

(3) The request for reconsideration shall state the decision for which reconsideration is being requested
and shall state the reason(s) for the reconsideration, including presenting any new information or
facts pertinent to the issue(s) raised by the request for reconsideration.
(4) The request for reconsideration shall contain a certification in substantially the same form as that
provided by § 13.12(a)(5). If a request for reconsideration does not contain such certification, but is
otherwise timely and appropriate, it shall be held and the person submitting the request shall be
given written notice of the need to submit the certification within 15 calendar days. Failure to submit
certification shall result in the request being rejected as insufficient in form and content.
(c) Inquiry by the Service. The Service may institute a separate inquiry into the matter under consideration.
(d) Determination of grant or denial of a request for reconsideration. The issuing officer shall notify the
permittee of the Service's decision within 45 days of the receipt of the request for reconsideration. This
notification shall be in writing, shall state the reasons for the decision, and shall contain a description of
the evidence which was relied upon by the issuing officer. The notification shall also provide information
concerning the right to appeal, the official to whom an appeal may be addressed, and the procedures for
making an appeal.
(e) Appeal. A person who has received an adverse decision following submission of a request for
reconsideration may submit a written appeal to the Regional Director for the region in which the issuing
office is located, or to the Director for offices which report directly to the Director. An appeal must be
submitted within 45 days of the date of the notification of the decision on the request for reconsideration.
The appeal shall state the reason(s) and issue(s) upon which the appeal is based and may contain any
additional evidence or arguments to support the appeal.
(f) Decision on appeal.
(1) Before a decision is made concerning the appeal the appellant may present oral arguments before
the Regional Director or the Director, as appropriate, if such official judges oral arguments are
necessary to clarify issues raised in the written record.
(2) The Service shall notify the appellant in writing of its decision within 45 calendar days of receipt of
the appeal, unless extended for good cause and the appellant notified of the extension.
(3) The decision of the Regional Director or the Director shall constitute the final administrative decision
of the Department of the Interior.
[54 FR 38149, Sept. 14, 1989]

Subpart D - Conditions
§ 13.41 Humane conditions.
Any live wildlife possessed under a permit must be maintained under humane and healthful conditions.
[54 FR 38150, Sept. 14, 1989]

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50 CFR 13.42

§ 13.42 Permits are specific.
The authorizations on the face of a permit that set forth specific times, dates, places, methods of taking or carrying
out the permitted activities, numbers and kinds of wildlife or plants, location of activity, and associated activities
that must be carried out; describe certain circumscribed transactions; or otherwise allow a specifically limited
matter, are to be strictly interpreted and will not be interpreted to permit similar or related matters outside the scope
of strict construction.
[70 FR 18320, Apr. 11, 2005]

§ 13.43 Alteration of permits.
Permits shall not be altered, erased, or mutilated, and any permit which has been altered, erased, or mutilated shall
immediately become invalid. Unless specifically permitted on the face thereof, no permit shall be copied, nor shall
any copy of a permit issued pursuant to this subchapter B be displayed, offered for inspection, or otherwise used for
any official purpose for which the permit was issued.

§ 13.44 Display of permit.
Any permit issued under this part shall be displayed for inspection upon request to the Director or his agent, or to
any other person relying upon its existence.

§ 13.45 Filing of reports.
Permittees may be required to file reports of the activities conducted under the permit. Any such reports shall be
filed not later than March 31 for the preceding calendar year ending December 31, or any portion thereof, during
which a permit was in force, unless the regulations of this subchapter B or the provisions of the permit set forth
other reporting requirements.

§ 13.46 Maintenance of records.
From the date of issuance of the permit, the permittee shall maintain complete and accurate records of any taking,
possession, transportation, sale, purchase, barter, exportation, or importation of plants obtained from the wild
(excluding seeds) or wildlife pursuant to such permit. Such records shall be kept current and shall include names
and addresses of persons with whom any plant obtained from the wild (excluding seeds) or wildlife has been
purchased, sold, bartered, or otherwise transferred, and the date of such transaction, and such other information as
may be required or appropriate. Such records shall be legibly written or reproducible in English and shall be
maintained for five years from the date of expiration of the permit. Permittees who reside or are located in the
United States and permittees conducting commercial activities in the United States who reside or are located
outside the United States must maintain records at a location in the United States where the records are available
for inspection.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 54 FR 38150, Sept. 14, 1989; 72 FR 48446, Aug. 23, 2007]

§ 13.47 Inspection requirement.
Any person holding a permit under this subchapter B shall allow the Director's agent to enter his premises at any
reasonable hour to inspect any wildlife or plant held or to inspect, audit, or copy any permits, books, or records
required to be kept by regulations of this subchapter B.
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50 CFR 13.48

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977]

§ 13.48 Compliance with conditions of permit.
Any person holding a permit under subchapter B and any person acting under authority of such permit must comply
with all conditions of the permit and with all appllicable laws and regulations governing the permitted activity.
[54 FR 38150, Sept. 14, 1989]

§ 13.49 Surrender of permit.
Any person holding a permit under subchapter B shall surrender such permit to the issuing officer upon notification
that the permit has been suspended or revoked by the Service, and all appeal procedures have been exhausted.
[54 FR 38150, Sept. 14, 1989]

§ 13.50 Acceptance of liability.
Except as otherwise limited in the case of permits described in § 13.25(d), any person holding a permit under this
subchapter B assumes all liability and responsibility for the conduct of any activity conducted under the authority of
such permit.
[64 FR 32711, June 17, 1999]

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