50 C.F.R. § 13.11

Current through October 31, 2024

Section 13.11 - Application procedures

The Service may not issue a permit for any activity authorized by this subchapter B unless you have filed an application under the following procedures:

(a)Forms. Applications must be submitted in writing on a Federal Fish and Wildlife License/Permit Application (Form 3-200) or as otherwise specifically directed by the Service.

(b)Forwarding instructions. Applications for permits in the following categories should be forwarded to the issuing office indicated below.

(1) You may obtain applications for migratory bird banding permits (50 CFR 21.70 ) by writing to: Bird Banding Laboratory, USGS Patuxent Wildlife Research Center, 12100 Beech Forest Road, Laurel, Maryland 20708-4037. Submit completed permit applications to the same address.

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

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

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

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

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

(d)Fees.

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

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

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

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

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

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

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

Type of permit	CFR citation	Permit application fee1	Administration fee1	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
Eagle Exhibition	50 CFR part 22	75
Eagle-Native American Religious Purposes	50 CFR part 22	No fee
Eagle Depredation Permit	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
General Eagle Permit-Disturbance Take	50 CFR part 22	100
Specific Eagle Permit-Disturbance Take	50 CFR part 22	Commercial-2,500; Noncommercial-500		Commercial-500; Noncommercial-150.
General Eagle Permit-Nest Take	50 CFR part 22	100
Specific Eagle Permit-Nest Take (Single nest)	50 CFR part 22	Commercial-2,500; Noncommercial-500		Commercial-500; Noncommercial-150.
Specific Eagle Permit Eagle-Nest Take (Multiple nests)	50 CFR part 22	5,000		500.
General Eagle Permit-Incidental Take (Power lines)	50 CFR part 22	1,000	Non-Investor Owned-2,500; Investor Owned-10,000
General Eagle Permit-Incidental Take (Wind energy)	50 CFR part 22	1,000	Distributed and Community Scale-2,500; Utility Scale-10,000
Specific Eagle Permit-Incidental Take	50 CFR part 22	Tier 1-18,000; Tier 2-26,000	10,000	500.
Eagle Take-Exempted under ESA	50 CFR part 22		No fee
Transfer of a Subpart E Eagle Permit	50 CFR part 22	1,000
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	52
CITES Annual Program File	50 CFR part 23	50
-Single-use permits issued under Annual Program	50 CFR part 23	52
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		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	2504
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 A reimbursable agreement may be required for specific eagle permits to cover the costs above estimated staff-hours. An administration fee will be assessed at the time of application, in addition to the application fee.

² Each.

³ Per animal.

⁴ Per species.

(5) We will charge a fee for substantive amendments made to permits within the time period that the permit is still valid. The fee is generally half the original fee assessed at the time that the permit is processed; see paragraph (d)(4) of this section for the exact amount. Substantive amendments are those that pertain to the purpose and conditions of the permit and are not purely administrative. Administrative changes, such as updating name and address information, are required under 13.23(c), and we will not charge a fee for such amendments.

(6) Except as specifically noted in paragraph (d)(4) of this section, a permit renewal is an issuance of a new permit, and applicants for permit renewal must pay the appropriate fee listed in paragraph (d)(4) of this section.

(e)Abandoned or incomplete applications. If we receive an incomplete or improperly executed application, or if you do not submit the proper fees, the issuing office will notify you of the deficiency. If you fail to supply the correct information to complete the application or to pay the required fees within 45 calendar days of the date of notification, we will consider the application abandoned. We will not refund any fees for an abandoned application.

50 C.F.R. §13.11

70 FR 18317 , Apr. 11, 2005, as amended at 72 FR 48445 , Aug. 23, 2007; 73 FR 29083 , May 20, 2008; 73 FR 42281 , July 21, 2008; 74 FR 46875 , Sept. 11, 2009; 78 FR 35152 , June 12, 2013; 78 FR 73723 , Dec. 9, 2013; 79 FR 30417 , May 27, 2014; 79 FR 43964 , July 29, 2014; 81 FR 8002 , Feb. 17, 2016; 82 FR 41177 , Aug. 30, 2017; 87 FR 880 , Jan. 7, 2022; 89 FR 9956 , Feb. 12, 2024; 89 FR 83630 , Oct. 17, 2024

81 FR 8002, 2/17/2016; 81 FR 91549, 1/17/2017; 82 FR 41177, 8/30/2017; 87 FR 879, 2/7/2022; 89 FR 9956, 4/12/2024; 89 FR 83630 , 10/17/2024