Title 50
SECTION 13.11
13.11 Application procedures.
§ 13.11 Application procedures.The Service may not issue a permit for any activity authorized by this subchapter B unless you have filed an application under the following procedures:
(a) Forms. Applications must be submitted in writing on a Federal Fish and Wildlife License/Permit Application (Form 3-200) or as otherwise specifically directed by the Service.
(b) Forwarding instructions. Applications for permits in the following categories should be forwarded to the issuing office indicated below.
(1) You may obtain applications for migratory bird banding permits (50 CFR 21.22) by writing to: Bird Banding Laboratory, USGS Patuxent Wildlife Research Center, 12100 Beech Forest Road, Laurel, Maryland 20708-4037. Submit completed permit applications to the same address.
(2) You may obtain applications for designated port exception permits and import/export licenses (50 CFR 14) by writing to the Special Agent in Charge (SAC) of the Region in which you reside (see 50 CFR 2.2 or the Service Web site, http://www.fws.gov, for addresses and boundaries of the Regions). Submit completed permit applications to the same address.
(3) You may obtain applications for Wild Bird Conservation Act permits (50 CFR 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 the activity in accordance with § 13.1. You may submit a single application in such cases, provided that the single application contains all the information required by the separate applications for each permitted activity. Where more than one permitted activity is consolidated into one permit, the issuing office will charge the highest single fee for the activity permitted.
(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).
| Type of permit | CFR Citation |
Permit application fee |
Administration fee 1 |
Amendment fee |
|---|---|---|---|---|
| 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 | 50 | |
| 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 part 21 | 100 | ||
| Migratory Bird Rehabilitation | 50 CFR part 21 | 50 | ||
| Migratory Bird Depredation | 50 CFR part 21 | 100 | 50 | |
| Migratory Bird Depredation/Homeowner | 50 CFR part 21 | 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 | 50 | |
| 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 | 1 8,000 | |
| 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 | ||
| Endangered Species Act/CITES/Lacey Act | ||||
| ESA Recovery | 50 CFR part 17 | 100 | 50 | |
| ESA Interstate Commerce | 50 CFR part 17 | 100 | 50 | |
| 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 | 5 2 | ||
| CITES Annual Program File | 50 CFR part 23 | 50 | ||
| - Single-use permits issued under Annual Program | 50 CFR part 23 | 5 2 | ||
| 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 | 75 3 | ||
| CITES/ESA Passport for Traveling Exhibitions | 50 CFR part 23 | 100 3 | ||
| CITES Introduction from the Sea | 50 CFR part 23 | 100 | 50 | |
| 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 | ||
| 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 | 250 4 | ||
| Marine Mammal Protection Act | ||||
| Marine Mammal Public Display | 50 CFR part 18 | 300 | 150 | |
| Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery | 50 CFR part 18 | 150 | 75 | |
| - Renewal of Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery | 50 CFR part 18 | 75 | ||
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]