50 CFR - § 17.21-17.23 - Endangered Wildlife

91 U.S. Fish and Wildlife Serv., Interior § 17.21 Scientific name Common name Where listed Status Listing citations and appli cable rules Marsilea villosa .................. Ihiihi .................................. Wherever found ................ E 57 FR 27863, 6/22/1992; 50 CFR 17.99(c); CH 50 CFR 17.99(i).CH Menisciopsis boydiae ......... Kupukupu makalii ............. Wherever found ................ E 81 FR 67786, 9/30/2016. Microlepia strigosa var. mauiensis. No common name ............ Wherever found ................ E 81 FR 67786, 9/30/2016. Phlegmariurus mannii ........ Wawaeiole ........................ Wherever found ................ E 57 FR 20772, 5/15/1992; 50 CFR 17.99(e)(1).CH Phlegmariurus nutans ........ Wawaeiole ........................ Wherever found ................ E 59 FR 14482, 3/28/1994; 50 CFR 17.99(a)(1); CH 50 CFR 17.99(i).CH Phlegmariurus stemmermanniae. No common name ............ Wherever found ................ E 81 FR 67786, 9/30/2016. Polystichum aleuticum ....... Aleutian shield-fern ........... Wherever found ................ E 53 FR 4626, 2/17/1988. Polystichum calderonense No common name ............ Wherever found ................ E 58 FR 32308, 6/9/1993. Pteris lidgatei ..................... No common name ............ Wherever found ................ E 59 FR 49025, 9/26/1994; 50 CFR 17.99(e)(1); CH 50 CFR 17.99(i); CH 50 CFR 17.99(c).CH Tectaria estremerana ......... No common name ............ Wherever found ................ E 58 FR 32308, 6/9/1993. Thelypteris inabonensis ..... No common name ............ Wherever found ................ E 58 FR 35887, 7/2/1993. Thelypteris pilosa var. alabamensis. Alabama streak-sorus fern Wherever found ................ T 57 FR 30164, 7/8/1992. Thelypteris verecunda ....... No common name ............ Wherever found ................ E 58 FR 35887, 7/2/1993. Thelypteris yaucoensis ...... No common name ............ Wherever found ................ E 58 FR 35887, 7/2/1993. Trichomanes punctatum ssp. floridanum. Florida bristle fern ............. Wherever found ................ E 80 FR 60440, 10/6/2015; 50 CFR 17.96(b)(1).CH LICHENS Cladonia perforata ............. Florida perforate cladonia Wherever found ................ E 58 FR 25746, 4/27/1993. Gymnoderma lineare ......... Rock gnome lichen ........... Wherever found ................ E 60 FR 3557, 1/18/1995. MOSSES Donrichardsia macroneuron South Llano springs moss Wherever found ................ E 88 FR 25543, 4/27/2023. [81 FR 51583, Aug. 4, 2016] EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 17.12, see the List of CFR Sec tions Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. Subpart C—Endangered Wildlife § 17.21 Prohibitions. (a) Except as provided in subpart A of this part, or under permits issued pur suant to § 17.22 or § 17.23, it is unlawful for any person subject to the jurisdic tion of the United States to commit, to attempt to commit, to solicit another to commit or to cause to be com mitted, any of the acts described in paragraphs (b) through (f) of this sec tion in regard to any endangered wild life. (b) Import or export. It is unlawful to import or to export any endangered wildlife. Any shipment in transit through the United States is an impor tation and an exportation, whether or not it has entered the country for cus toms purposes. (c) Take. (1) It is unlawful to take en dangered wildlife within the United States, within the territorial sea of the United States, or upon the high seas. The high seas shall be all waters sea ward of the territorial sea of the United States, except waters officially recognized by the United States as the territorial sea of another country, under international law. (2) Notwithstanding paragraph (c)(1) of this section, any person may take endangered wildlife in defense of his own life or the lives of others. (3) Notwithstanding paragraph (c)(1) of this section, any employee or agent of the Service, any other Federal land management agency, the National Ma rine Fisheries Service, or a State con servation agency, who is designated by his agency for such purposes, may, VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 92 50 CFR Ch. I (10–1–23 Edition) § 17.21 when acting in the course of his official duties, take endangered wildlife with out a permit if such action is necessary to: (i) Aid a sick, injured or orphaned specimen; or (ii) Dispose of a dead specimen; or (iii) Salvage a dead specimen which may be useful for scientific study; or (iv) Remove specimens which con stitute a demonstrable but nonimme diate threat to human safety, provided that the taking is done in a humane manner; the taking may involve kill ing or injuring only if it has not been reasonably possible to eliminate such threat by live-capturing and releasing the specimen unharmed, in a remote area. (4) Any taking under paragraphs (c)(2) and (3) of this section must be re ported in writing to the Office of Law Enforcement, at the address provided at 50 CFR 2.1(b), within 5 days. The specimen may only be retained, dis posed of, or salvaged under directions from the Office of Law Enforcement. (5) Notwithstanding paragraph (c)(1) of this section, any qualified employee or agent of a State Conservation Agen cy which is a party to a Cooperative Agreement with the Service in accord ance with section 6(c) of the Act, who is designated by his agency for such purposes, may, when acting in the course of his official duties take those endangered species which are covered by an approved cooperative agreement for conservation programs in accord ance with the Cooperative Agreement, provided that such taking is not rea sonably anticipated to result in: (i) The death or permanent disabling of the specimen; (ii) The removal of the specimen from the State where the taking oc curred; (iii) The introduction of the specimen so taken, or of any progeny derived from such a specimen, into an area be yond the historical range of the spe cies; or (iv) The holding of the specimen in captivity for a period of more than 45 consecutive days. (6) Notwithstanding paragraph (c)(1) of this section, any person acting under a valid migratory bird rehabilitation permit issued pursuant to § 21.76 of this subchapter may take endangered mi gratory birds without an endangered species permit if such action is nec essary to aid a sick, injured, or or phaned endangered migratory bird, provided the permittee: (i) Notifies the issuing Migratory Bird Permit Office immediately upon receipt of such bird (contact informa tion for your issuing office is listed on your permit and on the Internet at http://offices.fws.gov); and (ii) Disposes of or transfers such birds, or their parts or feathers, as di rected by the Migratory Bird Permit Office. (7) Notwithstanding paragraph (c)(1) of this section, persons exempt from the permit requirements of § 21.12(c) and (d) of this subchapter may take sick and injured endangered migratory birds without an endangered species permit in performing the activities au thorized under § 21.12(c) and (d). (d) Possession and other acts with un lawfully taken wildlife. (1) It is unlawful to possess, sell, deliver, carry, trans port, or ship, by any means whatso ever, any endangered wildlife which was taken in violation of paragraph (c) of this section. Example. A person captures a whooping crane in Texas and gives it to a second per son, who puts it in a closed van and drives thirty miles, to another location in Texas. The second person then gives the whooping crane to a third person, who is apprehended with the bird in his possession. All three have violated the law—the first by illegally taking the whooping crane; the second by transporting an illegally taken whooping crane; and the third by possessing an ille gally taken whooping crane. (2) Notwithstanding paragraph (d)(1) of this section, Federal and State law enforcement officers may possess, de liver, carry, transport or ship any en dangered wildlife taken in violation of the Act as necessary in performing their official duties. (3) Notwithstanding paragraph (d)(1) of this section, any person acting under a valid migratory bird rehabilitation permit issued pursuant to § 21.76 of this subchapter may possess and transport endangered migratory birds without an endangered species permit when such action is necessary to aid a sick, in jured, or orphaned endangered migra tory bird, provided the permittee: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 93 U.S. Fish and Wildlife Serv., Interior § 17.21 (i) Notifies the issuing Migratory Bird Permit Office immediately upon receipt of such bird (contact informa tion for your issuing office is listed on your permit and on the Internet at http://offices.fws.gov); and (ii) Disposes of or transfers such birds, or their parts or feathers, as di rected by the Migratory Bird Permit Office. (4) Notwithstanding paragraph (d)(1) of this section, persons exempt from the permit requirements of § 21.12(c) and (d) of this subchapter may possess and transport sick and injured endan gered migratory bird species without an endangered species permit in per forming the activities authorized under § 21.12(c) and (d). (e) Interstate or foreign commerce. It is unlawful to deliver, receive, carry transport, or ship in interstate or for eign commerce, by any means whatso ever, and in the course of a commercial activity, any endangered wildlife. (f) Sale or offer for sale. (1) It is unlaw ful to sell or to offer for sale in inter state or foreign commerce any endan gered wildlife. (2) An advertisement for the sale of endangered wildlife which carries a warning to the effect that no sale may be consummated until a permit has been obtained from the U.S. Fish and Wildlife Service shall not be considered an offer for sale within the meaning of this section. (g) Captive-bred wildlife. (1) Notwith standing paragraphs (b), (c), (e) and (f) of this section, any person may take; export or re-import; deliver, receive, carry, transport or ship in interstate or foreign commerce, in the course of a commercial activity; or sell or offer for sale in interstate or foreign commerce any endangered wildlife that is bred in captivity in the United States provided either that the wildlife is of a taxon listed in paragraph (g)(6) of this sec tion, or that the following conditions are met: (i) The wildlife is of a species having a natural geographic distribution not including any part of the United States, or the wildlife is of a species that the Director has determined to be eligible in accordance with paragraph (g)(5) of this section; (ii) The purpose of such activity is to enhance the propagation or survival of the affected species; (iii) Such activity does not involve interstate or foreign commerce, in the course of a commercial activity, with respect to non-living wildlife; (iv) Each specimen of wildlife to be re-imported is uniquely identified by a band, tattoo or other means that was reported in writing to an official of the Service at a port of export prior to ex port from the United States; and (v) Any person subject to the juris diction of the United States who en gages in any of the activities author ized by this paragraph does so in ac cordance with paragraphs (g) (2), (3) and (4) of this section, and with all other applicable regulations in this Subchapter B. (2) Any person subject to the jurisdic tion of the United States seeking to en gage in any of the activities authorized by this paragraph must first register with the Service’s Division of Manage ment Authority at the address pro vided at 50 CFR 2.1(b). Requests for reg istration must be submitted on an offi cial application form (Form 3–200-41) provided by the Service, and must in clude the following information: (i) The types of wildlife sought to be covered by the registration, identified by common and scientific name to the taxonomic level of family, genus or species; (ii) A description of the applicant’s experience in maintaining and propa gating the types of wildlife sought to be covered by the registration, and when appropriate, in conducting re search directly related to maintaining and propagating such wildlife; (iii) Photograph(s) or other evidence clearly depicting the facilities where such wildlife will be maintained; and (iv) a copy of the applicant’s license or registration, if any, under the ani mal welfare regulations of the U.S. De partment of Agriculture (9 CFR part 2). (3) Upon receipt of a complete appli cation for registration, or the renewal or amendment of an existing registra tion, under this section, the Service will publish notice of the application in the FEDERAL REGISTER. Each notice will invite the submission from inter ested parties, within 30 days after the VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00103 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 94 50 CFR Ch. I (10–1–23 Edition) § 17.21 date of the notice, of written data, views, or arguments with respect to the application. All information re ceived as part of each application will be made available to the public, upon request, as a matter of public record at every stage of the proceeding, includ ing, but not limited to, information needed to assess the eligibility of the applicant, such as the original applica tion, materials, any intervening re newal applications documenting a change in location or personnel, and the most recent annual report. (i) At the completion of this com ment period, the Director will decide whether to approve the registration. In making this decision, the Director will consider, in addition to the general cri teria in § 13.21(b) of this subchapter, whether the expertise, facilities, or other resources available to the appli cant appear adequate to enhance the propagation or survival of the affected wildlife. Public education activities may not be the sole basis to justify issuance of a registration or to other wise establish eligibility for the excep tion granted in paragraph (g)(1) of this section. (ii) If the Director approves the reg istration, the Service will publish no tice of the decision in the FEDERAL REGISTER that the registration was ap plied for in good faith, that issuing the registration will not operate to the dis advantage of the species for which reg istration was sought, and that issuing the registration will be consistent with the purposes and policy set forth in section 2 of the Act. (iii) Each person so registered must maintain accurate written records of activities conducted under the reg istration and allow reasonable access to Service agents for inspection pur poses as set forth in §§ 13.46 and 13.47 of this chapter. Each person so registered must also submit to the Director an in dividual written annual report of ac tivities, including all births, deaths, and transfers of any type. (4) Any person subject to the jurisdic tion of the United States seeking to ex port or conduct foreign commerce in captive-bred endangered wildlife that will not remain under the care of that person must first obtain approval by providing written evidence to satisfy the Director that the proposed recipi ent of the wildlife has expertise, facili ties or other resources adequate to en hance the propagation or survival of such wildlife and that the proposed re cipient will use such wildlife for pur poses of enhancing the propagation or survival of the affected species. (5)(i) The Director will use the fol lowing criteria to determine if wildlife of any species having a natural geo graphic distribution that includes any part of the United States is eligible for the provisions of this paragraph: (A) Whether there is a low demand for taking of the species from wild pop ulations, either because of the success of captive breeding or because of other reasons, and (B) Whether the wild populations of the species are effectively protected from unauthorized taking as a result of the inaccessibility of their habitat to humans or as a result of the effective ness of law enforcement. (ii) The Director will follow the pro cedures set forth in the Act and in the regulations thereunder with respect to petitions and notification of the public and governors of affected States when determining the eligibility of species for purposes of this paragraph. (iii) In accordance with the criteria in paragraph (g)(5)(i) of this section, the Director has determined the fol lowing species to be eligible for the provisions of this paragraph: Laysan duck (Anas laysanensis). (6) Exemption from registration require ment. (i) If the conditions in paragraph (g)(6)(ii) of this section are met, then any person subject to the jurisdiction of the United States seeking to engage in any of the activities authorized by paragraph (g)(1) of this section may do so without first registering with the Service with respect to the following species: (A) The bar-tailed pheasant (Syrmaticus humiae), Elliot’s pheasant (S. ellioti), Mikado pheasant (S. mikado), brown eared pheasant (Crossoptilon mantchuricum), white eared pheasant (C. crossoptilon), cheer pheasant (Catreus wallichii), Edward’s pheasant (Lophura edwardsi), Swinhoe’s pheasant (L. swinhoii), Chinese monal VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00104 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 95 U.S. Fish and Wildlife Serv., Interior § 17.21 (Lophophorus lhuysii), and Palawan pea cock pheasant (Polyplectron emphanum); (B) Parakeets of the species Neophema pulchella and N. splendida; (C) The Laysan duck (Anas laysanensis); and (D) The white-winged wood duck (Cairina scutulata). (ii) Conditions for exemption to register. The following conditions must exist for persons dealing with the species listed in paragraph (g)(6)(i) of this section to be eligible for exemption from the re quirement to register with the Service: (A) The purpose of the activity is to enhance the propagation or survival of the affected exempted species. (B) Such activity does not involve interstate or foreign commerce, in the course of a commercial activity, with respect to nonliving wildlife. (C) Each specimen to be reimported is uniquely identified by a band, tat too, or other means that was reported in writing to an official of the Service at a port of export prior to export of the specimen from the United States. (D) No specimens of the taxa in para graph (g)(6)(i) of this section that were taken from the wild may be imported for breeding purposes absent a defini tive showing that the need for new bloodlines can be met only by wild specimens, that suitable foreign-bred, captive individuals are unavailable, and that wild populations can sustain limited taking. In addition, an import permit must be issued under § 17.22. (E) Any permanent exports of such specimens meet the requirements of paragraph (g)(4) of this section. (F) Each person claiming the benefit of the exception in paragraph (g)(1) of this section must maintain accurate written records of activities, including births, deaths, and transfers of speci mens, and make those records acces sible to Service agents for inspection at reasonable hours as set forth in §§ 13.46 and 13.47 of this chapter. (h) U.S. captive-bred scimitar-horned oryx, addax, and dama gazelle. Notwith standing paragraphs (b), (c), (e), and (f) of this section, any person subject to the jurisdiction of the United States may take; export or re-import; deliver, receive, carry, transport or ship in interstate or foreign commerce, in the course of a commercial activity; or sell or offer for sale in interstate or foreign commerce live wildlife, including em bryos and gametes, and sport-hunted trophies of scimitar-horned oryx (Oryx dammah), addax (Addax nasomaculatus), and dama gazelle (Gazella dama) pro vided: (1) The purpose of such activity is as sociated with the management or transfer of live wildlife, including em bryos and gametes, or sport hunting in a manner that contributes to increas ing or sustaining captive numbers or to potential reintroduction to range coun tries; (2) The specimen was captive-bred, in accordance with § 17.3, within the United States; (3) All live specimens of that species held by the captive-breeding operation are managed in a manner that prevents hybridization of the species or sub species; (4) All live specimens of that species held by the captive-breeding operation are managed in a manner that main tains genetic diversity; (5) Any export of or foreign com merce in a specimen meets the require ments of paragraph (g)(4) of this sec tion, as well as parts 13, 14, and 23 of this chapter; (6) Each specimen to be re-imported is uniquely identified by a tattoo or other means that is reported on the documentation required under para graph (h)(5) of this section; and (7) Each person claiming the benefit of the exception of this paragraph (h) must maintain accurate written records of activities, including births, deaths, and transfers of specimens, and make those records accessible to Serv ice officials for inspection at reason able hours set forth in §§ 13.46 and 13.47 of this chapter. (8) The sport-hunted trophy consists of raw or tanned parts, such as bones, hair, head, hide, hooves, horns, meat, skull, rug, taxidermied head, shoulder, or full body mount, of a specimen that was taken by the hunter during a sport hunt for personal use. It does not in clude articles made from a trophy, such as worked, manufactured, or handicraft items for use as clothing, curios, ornamentation, jewelry, or VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 96 50 CFR Ch. I (10–1–23 Edition) § 17.22 other utilitarian items for commercial purposes. [40 FR 44415, Sept. 26, 1975, as amended at 40 FR 53400, Nov. 18, 1975; 41 FR 19226, May 11, 1976; 44 FR 31580, May 31, 1979; 44 FR 54007, Sept. 17, 1979; 58 FR 68325, Dec. 27, 1993; 63 FR 48640, Sept. 11, 1998; 68 FR 2919, Jan. 22, 2003; 68 FR 61136, Oct. 27, 2003; 70 FR 52318, Sept. 2, 2005; 77 FR 438, Jan. 5, 2012; 77 FR 43175, July 24, 2012; 79 FR 15252, Mar. 19, 2014; 79 FR 30418, May 27, 2014; 79 FR 43965, July 29, 2014; 81 FR 19930, Apr. 6, 2016; 87 FR 880, Jan. 7, 2022] § 17.22 Permits for scientific purposes, enhancement of propagation or sur vival, or for incidental taking. Upon receipt of a complete applica tion, the Director may issue a permit authorizing any activity otherwise pro hibited by § 17.21, in accordance with the issuance criteria of this section, for scientific purposes, for enhancing the propagation or survival, or for the inci dental taking of endangered wildlife. Such permits may authorize a single transaction, a series of transactions, or a number of activities over a specific period of time. (See § 17.32 for permits for threatened species.) The Director shall publish notice in the FEDERAL REGISTER of each application for a per mit that is made under this section. Each notice shall invite the submission from interested parties, within 30 days after the date of the notice, of written data, views, or arguments with respect to the application. The 30-day period may be waived by the Director in an emergency situation where the life or health of an endangered animal is threatened and no reasonable alter native is available to the applicant. Notice of any such waiver shall be pub lished in the FEDERAL REGISTER within 10 days following issuance of the per mit. (a)(1) Application requirements for per mits for scientific purposes or for the en hancement of propagation or survival. A person wishing to get a permit for an activity prohibited by § 17.21 submits an application for activities under this paragraph. The Service provides Form 3–200 for the application to which all of the following must be attained: (i) The common and scientific names of the species sought to the covered by the permit, as well as the number, age, and sex of such species, and the activ ity sought to be authorized (such as taking, exporting, selling in interstate commerce); (ii) A statement as to whether, at the time of application, the wildlife sought to be covered by the permit (A) is still in the wild, (B) has already been re moved from the wild, or (C) was born in captivity; (iii) A resume of the applicant’s at tempts to obtain the wildlife sought to be covered by the permit in a manner which would not cause the death or re moval from the wild of such wildlife; (iv) If the wildlife sought to be cov ered by the permit has already been re moved from the wild, the country and place where such removal occurred; if the wildlife sought to be covered by the permit was born in captivity, the coun try and place where such wildlife was born; (v) A complete description and ad dress of the institution or other facil ity where the wildlife sought to be cov ered by the permit will be used, dis played, or maintained; (vi) If the applicant seeks to have live wildlife covered by the permit, a complete description, including photo graphs or diagrams, of the facilities to house and/or care for the wildlife and a resume of the experience of those per son who will be caring for the wildlife; (vii) A full statement of the reasons why the applicant is justified in ob taining a permit including the details of the activities sought to be author ized by the permit; (viii) If the application is for the pur pose of enhancement of propagation, a statement of the applicant’s willing ness to participate in a cooperative breeding program and to maintain or contribute data to a studbook; (2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a)(1) of this section, the Director will decide whether or not a permit should be issued. In making this decision, the Director shall con sider, in addition to the general cri teria in § 13.21(b) of this subchapter, the following factors: (i) Whether the purpose for which the permit is required is adequate to jus tify removing from the wild or other wise changing the status of the wildlife sought to be covered by the permit; VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 97 U.S. Fish and Wildlife Serv., Interior § 17.22 (ii) The probable direct and indirect effect which issuing the permit would have on the wild populations of the wildlife sought to be covered by the permit; (iii) Whether the permit, if issued, would in any way, directly or indi rectly, conflict with any known pro gram intended to enhance the survival probabilities of the population from which the wildlife sought to be covered by the permit was or would be re moved; (iv) Whether the purpose for which the permit is required would be likely to reduce the threat of extinction fac ing the species of wildlife sought to be covered by the permit; (v) The opinions or views of scientists or other persons or organizations hav ing expertise concerning the wildlife or other matters germane to the applica tion; and (vi) Whether the expertise, facilities, or other resources available to the ap plicant appear adequate to successfully accomplish the objectives stated in the application. (3) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every permit issued under this paragraph shall be subject to the special condition that the escape of living wildlife covered by the permit shall be immediately re ported to the Service office designated in the permit. (4) Duration of permits. The duration of permits issued under this paragraph shall be designated on the face of the permit. (b)(1) Application requirements for per mits for incidental taking. A person wish ing to get a permit for an activity pro hibited by § 17.21(c) submits an applica tion for activities under this para graph. The Service provides Form 3–200 for the application to which all of the following must be attached: (i) A complete description of the ac tivity sought to be authorized; (ii) The common and scientific names of the species sought to be covered by the permit, as well as the number, age, and sex of such species, if known; (iii) A conservation plan that speci fies: (A) The impact that will likely result from such taking; (B) What steps the applicant will take to monitor, minimize, and miti gate such impacts, the funding that will be available to implement such steps, and the procedures to be used to deal with unforeseen circumstances; (C) What alternative actions to such taking the applicant considered and the reasons why such alternatives are not proposed to be utilized; and (D) Such other measures that the Di rector may require as being necessary or appropriate for purposes of the plan; (2) Issuance criteria. (i) Upon receiving an application completed in accordance with paragraph (b)(1) of this section, the Director will decide whether or not a permit should be issued. The Director shall consider the general issuance cri teria in § 13.21(b) of this subchapter, ex cept for § 13.21(b)(4), and shall issue the permit if he or she finds that: (A) The taking will be incidental; (B) The applicant will, to the max imum extent practicable, minimize and mitigate the impacts of such takings; (C) The applicant will ensure that adequate funding for the conservation plan and procedures to deal with un foreseen circumstances will be pro vided; (D) The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; (E) The measures, if any, required under paragraph (b)(1)(iii)(D) of this section will be met; and (F) He or she has received such other assurances as he or she may require that the plan will be implemented. (ii) In making his or her decision, the Director shall also consider the antici pated duration and geographic scope of the applicant’s planned activities, in cluding the amount of listed species habitat that is involved and the degree to which listed species and their habi tats are affected. (3) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every permit issued under this paragraph shall con tain such terms and conditions as the Director deems necessary or appro priate to carry out the purposes of the permit and the conservation plan in cluding, but not limited to, monitoring and reporting requirements deemed necessary for determining whether VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00107 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 98 50 CFR Ch. I (10–1–23 Edition) § 17.22 such terms and conditions are being complied with. The Director shall rely upon existing reporting requirements to the maximum extent practicable. (4) Duration of permits. The duration of permits issued under this paragraph shall be sufficient to provide adequate assurances to the permittee to commit funding necessary for the activities au thorized by the permit, including con servation activities and land use re strictions. In determining the duration of a permit, the Director shall consider the duration of the planned activities, as well as the possible positive and neg ative effects associated with permits of the proposed duration on listed species, including the extent to which the con servation plan will enhance the habitat of listed species and increase the long term survivability of such species. (5) Assurances provided to permittee in case of changed or unforeseen cir cumstances. The assurances in this paragraph (b)(5) apply only to inci dental take permits issued in accord ance with paragraph (b)(2) of this sec tion where the conservation plan is being properly implemented, and apply only with respect to species adequately covered by the conservation plan. These assurances cannot be provided to Federal agencies. This rule does not apply to incidental take permits issued prior to March 25, 1998. The assurances provided in incidental take permits issued prior to March 25, 1998 remain in effect, and those permits will not be re vised as a result of this rulemaking. (i) Changed circumstances provided for in the plan. If additional conservation and mitigation measures are deemed necessary to respond to changed cir cumstances and were provided for in the plan’s operating conservation pro gram, the permittee will implement the measures specified in the plan. (ii) Changed circumstances not provided for in the plan. If additional conserva tion and mitigation measures are deemed necessary to respond to changed circumstances and such meas ures were not provided for in the plan’s operating conservation program, the Director will not require any conserva tion and mitigation measures in addi tion to those provided for in the plan without the consent of the permittee, provided the plan is being properly im plemented. (iii) Unforeseen circumstances. (A) In negotiating unforeseen circumstances, the Director will not require the com mitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon for the spe cies covered by the conservation plan without the consent of the permittee. (B) If additional conservation and mitigation measures are deemed nec essary to respond to unforeseen cir cumstances, the Director may require additional measures of the permittee where the conservation plan is being properly implemented, but only if such measures are limited to modifications within conserved habitat areas, if any, or to the conservation plan’s operating conservation program for the affected species, and maintain the original terms of the conservation plan to the maximum extent possible. Additional conservation and mitigation measures will not involve the commitment of ad ditional land, water or financial com pensation or additional restrictions on the use of land, water, or other natural resources otherwise available for devel opment or use under the original terms of the conservation plan without the consent of the permittee. (C) The Director will have the burden of demonstrating that unforeseen cir cumstances exist, using the best sci entific and commercial data available. These findings must be clearly docu mented and based upon reliable tech nical information regarding the status and habitat requirements of the af fected species. The Director will con sider, but not be limited to, the fol lowing factors: (1) Size of the current range of the af fected species; (2) Percentage of range adversely af fected by the conservation plan; (3) Percentage of range conserved by the conservation plan; (4) Ecological significance of that portion of the range affected by the conservation plan; (5) Level of knowledge about the af fected species and the degree of speci ficity of the species’ conservation pro gram under the conservation plan; and VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00108 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 99 U.S. Fish and Wildlife Serv., Interior § 17.22 (6) Whether failure to adopt addi tional conservation measures would ap preciably reduce the likelihood of sur vival and recovery of the affected spe cies in the wild. (6) Nothing in this rule will be con strued to limit or constrain the Direc tor, any Federal, State, local, or Tribal government agency, or a private enti ty, from taking additional actions at its own expense to protect or conserve a species included in a conservation plan. (7) Discontinuance of permit activity. Notwithstanding the provisions of § 13.26 of this subchapter, a permittee under this paragraph (b) remains re sponsible for any outstanding mini mization and mitigation measures re quired under the terms of the permit for take that occurs prior to surrender of the permit and such minimization and mitigation measures as may be re quired pursuant to the termination provisions of an implementing agree ment, habitat conservation plan, or permit even after surrendering the per mit to the Service pursuant to § 13.26 of this subchapter. The permit shall be deemed canceled only upon a deter mination by the Service that such minimization and mitigation measures have been implemented. Upon sur render of the permit, no further take shall be authorized under the terms of the surrendered permit. (8) Criteria for revocation. A permit issued under paragraph (b) of this sec tion may not be revoked for any reason except those set forth in § 13.28(a)(1) through (4) of this subchapter or unless continuation of the permitted activity would be inconsistent with the cri terion set forth in 16 U.S.C. 1539(a)(2)(B)(iv) and the inconsistency has not been remedied. (c)(1) Application requirements for per mits for the enhancement of survival through Safe Harbor Agreements. The ap plicant must submit an application for a permit under this paragraph (c) to the appropriate Regional Director, U.S. Fish and Wildlife Service, for the Re gion where the applicant resides or where the proposed activity is to occur (for appropriate addresses, see 50 CFR 10.22), if the applicant wishes to engage in any activity prohibited by § 17.21. The applicant must submit an official Service application form (3–200.54) that includes the following information: (i) The common and scientific names of the listed species for which the ap plicant requests incidental take au thorization; (ii) A description of how incidental take of the listed species pursuant to the Safe Harbor Agreement is likely to occur, both as a result of management activities and as a result of the return to baseline; and (iii) A Safe Harbor Agreement that complies with the requirements of the Safe Harbor policy available from the Service. (2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (c)(1) of this section, the Director will decide whether or not to issue a permit. The Director shall consider the general issuance criteria in § 13.21(b) of this subchapter, except for § 13.21(b)(4), and may issue the per mit if he or she finds: (i) The take will be incidental to an otherwise lawful activity and will be in accordance with the terms of the Safe Harbor Agreement; (ii) The implementation of the terms of the Safe Harbor Agreement is rea sonably expected to provide a net con servation benefit to the affected listed species by contributing to the recovery of listed species included in the permit, and the Safe Harbor Agreement other wise complies with the Safe Harbor policy available from the Service; (iii) The probable direct and indirect effects of any authorized take will not appreciably reduce the likelihood of survival and recovery in the wild of any listed species; (iv) Implementation of the terms of the Safe Harbor Agreement is con sistent with applicable Federal, State, and Tribal laws and regulations; (v) Implementation of the terms of the Safe Harbor Agreement will not be in conflict with any ongoing conserva tion or recovery programs for listed species covered by the permit; and (vi) The applicant has shown capa bility for and commitment to imple menting all of the terms of the Safe Harbor Agreement. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00109 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 100 50 CFR Ch. I (10–1–23 Edition) § 17.22 (3) Permit conditions. In addition to any applicable general permit condi tions set forth in part 13 of this sub chapter, every permit issued under this paragraph (c) is subject to the fol lowing special conditions: (i) A requirement for the partici pating property owner to notify the Service of any transfer of lands subject to a Safe Harbor Agreement; (ii) When appropriate, a requirement for the permittee to give the Service reasonable advance notice (generally at least 30 days) of when he or she ex pects to incidentally take any listed species covered under the permit. Such notification will provide the Service with an opportunity to relocate af fected individuals of the species, if pos sible and appropriate; and (iii) Any additional requirements or conditions the Director deems nec essary or appropriate to carry out the purposes of the permit and the Safe Harbor Agreement. (4) Permit effective date. Permits issued under this paragraph (c) become effective the day of issuance for species covered by the Safe Harbor Agreement. (5) Assurances provided to permittee. (i) The assurances in paragraph (c)(5) (ii) of this section (c)(5) apply only to Safe Harbor permits issued in accordance with paragraph (c)(2) of this section where the Safe Harbor Agreement is being properly implemented, and apply only with respect to species covered by the Agreement and permit. These as surances cannot be provided to Federal agencies. The assurances provided in this section apply only to Safe Harbor permits issued after July 19, 1999. (ii) The Director and the permittee may agree to revise or modify the man agement measures set forth in a Safe Harbor Agreement if the Director de termines that such revisions or modi fications do not change the Director’s prior determination that the Safe Har bor Agreement is reasonably expected to provide a net conservation benefit to the listed species. However, the Direc tor may not require additional or dif ferent management activities to be un dertaken by a permittee without the consent of the permittee. (6) Additional actions. Nothing in this rule will be construed to limit or con strain the Director, any Federal, State, local or Tribal government agency, or a private entity, from taking addi tional actions at its own expense to protect or conserve a species included in a Safe Harbor Agreement. (7) Criteria for revocation. The Direc tor may not revoke a permit issued under paragraph (c) of this section ex cept as provided in this paragraph. The Director may revoke a permit for any reason set forth in § 13.28(a)(1) through (4) of this subchapter. The Director may revoke a permit if continuation of the permitted activity would either ap preciably reduce the likelihood of sur vival and recovery in the wild of any listed species or directly or indirectly alter designated critical habitat such that it appreciably diminishes the value of that critical habitat for both the survival and recovery of a listed species. Before revoking a permit for either of the latter two reasons, the Di rector, with the consent of the per mittee, will pursue all appropriate op tions to avoid permit revocation. These options may include, but are not lim ited to: extending or modifying the ex isting permit, capturing and relocating the species, compensating the land owner to forgo the activity, purchasing an easement or fee simple interest in the property, or arranging for a third party acquisition of an interest in the property. (8) Duration of permits. The duration of permits issued under this paragraph (c) must be sufficient to provide a net conservation benefit to species covered in the enhancement of survival permit. In determining the duration of a per mit, the Director will consider the du ration of the planned activities, as well as the positive and negative effects as sociated with permits of the proposed duration on covered species, including the extent to which the conservation activities included in the Safe Harbor Agreement will enhance the survival and contribute to the recovery of listed species included in the permit. (d)(1) Application requirements for per mits for the enhancement of survival through Candidate Conservation Agree ments with Assurances (CCAAs). The ap plicant must submit an application for a permit under this paragraph (d) to the appropriate Regional Director, U.S. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00110 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 101 U.S. Fish and Wildlife Serv., Interior § 17.22 Fish and Wildlife Service, for the Re gion where the applicant resides or where the proposed activity is to occur (for appropriate addresses, see 50 CFR 10.22). When a species covered by a (CCAA) is listed as endangered and the applicant wishes to engage in activities identified in the Agreement and other wise prohibited by § 17.31, the applicant must apply for an enhancement of sur vival permit for species covered by the Agreement. The permit will become valid if and when covered proposed, candidate or other unlisted species is listed as an endangered species. The ap plicant must submit an official Service application form (3–200.54) that in cludes the following information: (i) The common and scientific names of the species for which the applicant requests incidental take authorization; (ii) A description of the land use or water management activity for which the applicant requests incidental take authorization; and (iii) A CCAA that complies with the requirements of the CCAA with Assur ances policy available from the Serv ice. (2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (d)(1) of this section, the Director will decide whether or not to issue a permit. The Director shall consider the general issuance criteria in § 13.21(b) of this subchapter, except for § 13.21(b)(4), and may issue the per mit if he or she finds: (i) The take will be incidental to an otherwise lawful activity and will be in accordance with the terms of the CCAA; (ii) The implementation of the terms of the CCAA is reasonably expected to provide a net conservation benefit to the affected covered species by contrib uting to the conservation of the species included in the permit, and the CCAA otherwise complies with the Candidate Conservation Agreement with Assur ances policy available from the Serv ice; (iii) The probable direct and indirect effects of any authorized take will not appreciably reduce the likelihood of survival and recovery in the wild of any species; (iv) Implementation of the terms of the CCAA is consistent with applicable Federal, State, and Tribal laws and regulations; (v) Implementation of the terms of the CCAA will not be in conflict with any ongoing conservation programs for species covered by the permit; and (vi) The applicant has shown capa bility for and commitment to imple menting all of the terms of the CCAA. (3) Permit conditions. In addition to any applicable general permit condi tions set forth in part 13 of this sub chapter, every permit issued under this paragraph (d) is subject to the fol lowing special conditions: (i) A requirement for the property owner to notify the Service of any transfer of lands subject to a CCAA; (ii) When appropriate, a requirement for the permittee to give the Service reasonable advance notice (generally at least 30 days) of when he or she ex pects to incidentally take any listed species covered under the permit. Such notification will provide the Service with an opportunity to relocate af fected individuals of the species, if pos sible and appropriate; and (iii) Any additional requirements or conditions the Director deems nec essary or appropriate to carry out the purposes of the permit and the CCAA. (4) Permit effective date. Permits issued under this paragraph (d) become effective for a species covered by a CCAA on the effective date of a final rule that lists a covered species as en dangered. (5) Assurances provided to permittee in case of changed or unforeseen cir cumstances. The assurances in this paragraph (d)(5) apply only to permits issued in accordance with paragraph (d)(2) where the (CCAA) is being prop erly implemented, and apply only with respect to species adequately covered by the CCAA. These assurances cannot be provided to Federal agencies. (i) Changed circumstances provided for in the Agreement. If the Director deter mines that additional conservation measures are necessary to respond to changed circumstances and these meas ures were set forth in the Agreement, the permittee will implement the measures specified in the Agreement. (ii) Changed circumstances not provided for in the Agreement. If the Director de termines that additional conservation VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00111 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 102 50 CFR Ch. I (10–1–23 Edition) § 17.22 measures not provided for in the Agree ment are necessary to respond to changed circumstances, the Director will not require any conservation measures in addition to those provided for in the Agreement without the con sent of the permittee, provided the Agreement is being properly imple mented. (iii) Unforeseen circumstances. (A) In negotiating unforeseen circumstances, the Director will not require the com mitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon for the spe cies covered by the Agreement without the consent of the permittee. (B) If the Director determines addi tional conservation measures are nec essary to respond to unforeseen cir cumstances, the Director may require additional measures of the permittee where the Agreement is being properly implemented, but only if such meas ures maintain the original terms of the Agreement to the maximum extent possible. Additional conservation measures will not involve the commit ment of additional land, water, or fi nancial compensation or additional re strictions on the use of land, water, or other natural resources otherwise available for development or use under the original terms of the Agreement without the consent of the permittee. (C) The Director will have the burden of demonstrating that unforeseen cir cumstances exist, using the best sci entific and commercial data available. These findings must be clearly docu mented and based upon reliable tech nical information regarding the status and habitat requirements of the af fected species. The Director will con sider, but not be limited to, the fol lowing factors: (1) Size of the current range of the af fected species; (2) Percentage of range adversely af fected by the Agreement; (3) Percentage of range conserved by the Agreement; (4) Ecological significance of that portion of the range affected by the Agreement; (5) Level of knowledge about the af fected species and the degree of speci ficity of the species’ conservation pro gram under the Agreement; and (6) Whether failure to adopt addi tional conservation measures would ap preciably reduce the likelihood of sur vival and recovery of the affected spe cies in the wild. (6) Additional actions. Nothing in this rule will be construed to limit or con strain the Director, any Federal, State, local or Tribal government agency, or a private entity, from taking addi tional actions at its own expense to protect or conserve a species included in a CCAA. (7) Criteria for revocation. The Direc tor may not revoke a permit issued under paragraph (d) of this section ex cept as provided in this paragraph. The Director may revoke a permit for any reason set forth in § 13.28(a)(1) through (4) of this subchapter. The Director may revoke a permit if continuation of the permitted activity would either ap preciably reduce the likelihood of sur vival and recovery in the wild of any listed species or directly or indirectly alter designated critical habitat such that it appreciably diminishes the value of that critical habitat for both the survival and recovery of a listed species. Before revoking a permit for either of the latter two reasons, the Di rector, with the consent of the per mittee, will pursue all appropriate op tions to avoid permit revocation. These options may include, but are not lim ited to: extending or modifying the ex isting permit, capturing and relocating the species, compensating the land owner to forgo the activity, purchasing an easement or fee simple interest in the property, or arranging for a third party acquisition of an interest in the property. (8) Duration. The duration of a CCAA covered by a permit issued under this paragraph (d) must be sufficient to achieve a net conservation benefit to the species covered by the permit and the Agreement and otherwise comply with the Candidate Conservation Agreement with Assurances policy available from the Service. (e) Objection to permit issuance. (1) In regard to any notice of a permit appli cation published in the FEDERAL REG ISTER, any interested party that ob jects to the issuance of a permit, in VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00112 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 103 U.S. Fish and Wildlife Serv., Interior § 17.23 whole or in part, may, during the com ment period specified in the notice, re quest notification of the final action to be taken on the application. A separate written request shall be made for each permit application. Such a request shall specify the Service’s permit ap plication number and state the reasons why that party believes the applicant does not meet the issuance criteria contained in §§ 13.21 and 17.22 of this subchapter or other reasons why the permit should not be issued. (2) If the Service decides to issue a permit contrary to objections received pursuant to paragraph (c)(1) of this sec tion, then the Service shall, at least ten days prior to issuance of the per mit, make reasonable efforts to con tact by telephone or other expedient means, any party who has made a re quest pursuant to paragraph (c)(1) of this section and inform that party of the issuance of the permit. However, the Service may reduce the time period or dispense with such notice if it deter mines that time is of the essence and that delay in issuance of the permit would: (i) Harm the specimen or popu lation involved; or (ii) unduly hinder the actions authorized under the per mit. (3) The Service will notify any party filing an objection and request for no tice under paragraph (c)(1) of this sec tion of the final action taken on the application, in writing. If the Service has reduced or dispensed with the no tice period referred to in paragraph (c)(2) of this section, it will include its reasons therefore in such written no tice. [50 FR 39687, Sept. 30, 1985, as amended at 63 FR 8871, Feb. 23, 1998; 63 FR 52635, Oct. 1, 1998; 64 FR 32711, June 17, 1999; 64 FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, 2004; 69 FR 29670, May 25, 2004; 69 FR 71731, Dec. 10, 2004; 81 FR 95055, Dec. 27, 2016] § 17.23 Economic hardship permits. Upon receipt of a complete applica tion, the Director may issue a permit authorizing any activity otherwise pro hibited by § 17.21, in accordance with the issuance criteria of this section in order to prevent undue economic hard ship. The Director shall publish notice in the FEDERAL REGISTER of each appli cation for a permit that is made under this section. Each notice shall invite the submission from interested parties, within 30 days after the date of the no tice, of written data, views, or argu ments with respect to the application. The 30-day period may be waived by the Director in an emergency situation where the life or health of an endan gered animal is threatened and no rea sonable alternative is available to the applicant. Notice of any such waiver shall be published in the FEDERAL REG ISTER within 10 days following issuance of the permit. (a) Application requirements. Applica tions for permits under this section must be submitted to the Director by the person allegedly suffering undue economic hardship because his desired activity is prohibited by § 17.21. Each application must be submitted on an official application form (Form 3–200) provided by the Service, and must in clude, as an attachment, all of the in formation required in § 17.22 plus the following additional information: (1) The possible legal, economic or subsistence alternatives to the activity sought to be authorized by the permit; (2) A full statement, accompanied by copies of all relevant contracts and correspondence, showing the appli cant’s involvement with the wildlife sought to be covered by the permit (as well as his involvement with similar wildlife), including, where applicable, that portion of applicant’s income de rived from the taking of such wildlife, or the subsistence use of such wildlife, during the calendar year immediately preceding either the notice in the FED ERAL REGISTER of review of the status of the species or of the proposal to list such wildlife as endangered, whichever is earliest; (3) Where applicable, proof of a con tract or other binding legal obligation which: (i) Deals specifically with the wildlife sought to be covered by the permit; (ii) Became binding prior to the date when the notice of a review of the sta tus of the species or the notice of pro posed rulemaking proposing to list such wildlife as endangered was pub lished in the FEDERAL REGISTER, whichever is earlier; and (iii) Will cause monetary loss of a given dollar amount if the permit VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00113 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 104 50 CFR Ch. I (10–1–23 Edition) § 17.31 sought under this section is not grant ed. (b) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a) of this section, the Director will decide whether or not a permit should be issued under any of the three categories of economic hard ship, as defined in section 10(b)(2) of the Act. In making his decisions, the Director shall consider, in addition to the general criteria in § 13.21(b) of this subchapter, the following factors: (1) Whether the purpose for which the permit is being requested is adequate to justify removing from the wild or otherwise changing the status of the wildlife sought to be covered by the permit; (2) The probable direct and indirect effect which issuing the permit would have on the wild populations of the wildlife sought to be covered by the permit; (3) The economic, legal, subsistence, or other alternatives or relief available to the applicant; (4) The amount of evidence that the applicant was in fact party to a con tract or other binding legal obligation which; (i) Deals specifically with the wildlife sought to be covered by the permit; and (ii) Became binding prior to the date when the notice of a review of the sta tus of the species or the notice of pro posed rulemaking proposing to list such wildlife as endangered was pub lished in the FEDERAL REGISTER, whichever is earlier. (5) The severity of economic hardship which the contract or other binding legal obligation referred to in para graph (b)(4) of this section would cause if the permit were denied; (6) Where applicable, the portion of the applicant’s income which would be lost if the permit were denied, and the relationship of that portion to the bal ance of his income; (7) Where applicable, the nature and extent of subsistence taking generally by the applicant; and (8) The likelihood that applicant can reasonably carry out his desired activ ity within one year from the date a no tice is published in the FEDERAL REG ISTER to review status of such wildlife, or to list such wildlife as endangered, whichever is earlier. (c) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every permit issued under this section shall be sub ject to the following special conditions: (1) In addition to any reporting re quirements contained in the permit itself, the permittee shall also submit to the Director a written report of his activities pursuant to the permit. Such report must be postmarked or actually delivered no later than 10 days after completion of the activity. (2) The death or escape of all living wildlife covered by the permit shall be immediately reported to the Service’s office designated in the permit. (d) Duration of permits issued under this section shall be designated on the face of the permit. No permit issued under this section, however, shall be valid for more than one year from the date a notice is published in the FED ERAL REGISTER to review status of such wildlife, or to list such wildlife as en dangered, whichever is earlier. [40 FR 44415, Sept. 26, 1975, as amended at 40 FR 53400, Nov. 18, 1975; 40 FR 58307, Dec. 16, 1975; 50 FR 39688, Sept. 30, 1985] Subpart D—Threatened Wildlife § 17.31 Prohibitions. (a) Except as provided in §§ 17.4 through 17.8, or in a permit issued under this subpart, all of the provisions of § 17.21, except § 17.21(c)(5), shall apply to threatened species of wildlife that were added to the List of Endangered and Threatened Wildlife in § 17.11(h) on or prior to September 26, 2019, unless the Secretary has promulgated species specific provisions (see paragraph (c) of this section). (b) In addition to any other provi sions of this part, any employee or agent of the Service, of the National Marine Fisheries Service, or of a State conservation agency that is operating a conservation program pursuant to the terms of a cooperative agreement with the Service in accordance with section 6(c) of the Act, who is des ignated by that agency for such pur poses, may, when acting in the course VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00114 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R