50 CFR - § 17.61-17.63 - Endangered Plants

190 50 CFR Ch. I (10–1–23 Edition) § 17.61 17.86, the Director may issue permits for any activity otherwise prohibited with a species designated as endan gered or threatened due to its simi larity of appearance. Such a permit may authorize a single transaction, a series of transactions, or a number of activities over a specified period of time. (a) Application requirements. An appli cation for a permit under this section must be submitted to the Director by the person who wishes to engage in the prohibited activity. The permit for ac tivities involving interstate commerce of plants must be obtained by the sell er; in the case of wildlife, the permit must be obtained by the buyer. The ap plication must be submitted on an offi cial application form (Form 3–200) pro vided by the Service, or must contain the general information and certifi cation required by § 13.12(a) of this sub chapter. It must include, as an attach ment, all of the following information: Documentary evidence, sworn affida vits, or other information to show spe cies identification and the origin of the wildlife or plant in question. This in formation may be in the form of hunt ing licenses, hide seals, official stamps, export documents, bills of sales, cer tification, expert opinion, or other ap propriate information. (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. In making his decision, the Director shall consider, in addition to the general criteria, in § 13.21(b) of this subchapter, the fol lowing factors: (1) Whether the information sub mitted by the applicant appears reli able; (2) Whether the information sub mitted by the applicant adequately identifies the wildlife or plant in ques tion so as to distinguish it from any Endangered or Threatened wildlife or plant. (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) If indicated in the permit, a spe cial mark, to be specified in the per mit, must be applied to the wildlife or plant, and remain for the time des ignated in the permit; (2) A copy of the permit or an identi fication label, which includes the sci entific name and the permit number, must accompany the wildlife or plant or its container during the course of any activity subject to these regula tions. (d) Duration of permits. The duration of a permit issued under this section shall be designated on the face of the permit. [42 FR 32377, June 24, 1977, as amended at 81 FR 51605, Aug. 4, 2016] Subpart F—Endangered Plants § 17.61 Prohibitions. (a) Except as provided in a permit issued pursuant to § 17.62 or § 17.63, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to so licit another to commit, or to cause to be committed, any of the acts de scribed in paragraphs (b) through (e) of this section in regard to any Endan gered plant. (b) Import or export. It is unlawful to import or to export any Endangered plant. Any shipment in transit through the United States is an importation and an exportation, whether or not it has entered the country for customs purposes. (c) Remove and reduce to possession. (1) It is unlawful to remove and reduce to possession any endangered plant from an area under Federal jurisdiction. (2) Notwithstanding paragraph (c)(1) of this section, any employee or agent of the Service, any other Federal land management agency, or a State con servation agency, who is designated by that agency for such purposes, may, when acting in the course of official duties, remove and reduce to posses sion endangered plants from areas under Federal jurisdiction without a permit if such action is necessary to: (i) Care for a damaged or diseased specimen; (ii) Dispose of a dead specimen; or (iii) Salvage a dead specimen which may be useful for scientific study. (3) Any removal and reduction to pos session pursuant to paragraph (c)(2) of VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00200 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 191 U.S. Fish and Wildlife Serv., Interior § 17.62 this section must be reported in writ ing to the U.S. Fish and Wildlife Serv ice, Division of Law Enforcement, P.O. Box 28006, Washington, DC 20005, within 5 days. The specimen may only be re tained, disposed of, or salvaged in ac cordance with written directions from the Service. (4) 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 that agency for such purposes, may, when acting in the course of official duties, remove and re duce to possession from areas under Federal jurisdiction those endangered plants which are covered by an ap proved cooperative agreement for con servation programs in accordance with the Cooperative Agreement, provided that such removal is not reasonably anticipated to result in: (i) The death or permanent damage of the specimens; (ii) The removal of the specimen from the State where the removal oc curred; or (iii) The introduction of the specimen so removed, or of any propagules de rived from such a specimen, into an area beyond the historical range of the species. (d) 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, an endangered plant. (e) Sale or offer for sale. (1) It is un lawful to sell or to offer for sale in interstate or foreign commerce any en dangered plant. (2) An advertisement for the sale of any endangered plant which carries a warning to the effect that no sale may be consummated until a permit has been obtained from the Service, shall not be considered an offer for sale with in the meaning of this paragraph. [44 FR 54060, Sept. 18, 1979, as amended at 50 FR 39690, Sept. 30, 1985] § 17.62 Permits for scientific purposes or for the enhancement of propaga tion or survival. Upon receipt of a complete applica tion the Director may issue a permit authorizing any activity otherwise pro hibited by § 17.61, in accordance with the issuance criteria of this section, for scientific purposes or for enhancing the propagation or survival of endangered plants. (See § 17.72 for permits for threatened plants.) Such a permit may authorize a single transaction, a series of transactions, or a number of activi ties over a specified period of time. (a) Application requirements. A person wishing to get a permit for an activity prohibited by § 17.61 submits an appli cation to conduct activities under this paragraph. For interstate commerce activities the seller gets the permit for plants coming from cultivated stock and the buyer gets the permit if the plants are taken from the wild. The Service provides application Form 3– 200, or you may submit the general in formation and certification required by § 13.12(a) of this subchapter. Applica tion requirements differ for permits issued for plants taken from the wild (excluding seeds), seeds and cultivated plants, or herbarium specimens. You must attach the following information and any other information requested by the Director. (1) For activities involving plants ob tained from the wild (excluding seeds), provide the following information: (i) The scientific names of the plants sought to be covered by the permit; (ii) The estimated number of speci mens sought to be covered by the per mit; (iii) The year, country, and approxi mate place where taking occurred or will occur; (iv) If the activities would involve re moval and reduction to possession of a plant from an area under Federal juris diction, the year, State, county, or any other description such as place name, township, and range designation that will precisely place the location where the proposed removal and reduction to possession will occur, the name of the Federal entity having jurisdiction over the area, and the name, title, address, and phone number of the person in charge of the area. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00201 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 192 50 CFR Ch. I (10–1–23 Edition) § 17.62 (v) The name and address of the insti tution or other facility where the plant sought to be covered by the permit will be used or maintained; (vi) A brief description of the appli cant’s expertise and facilities as re lated to the proposed activity; (vii) A statement of the applicant’s willingness to participate in a coopera tive propagation program, and to main tain or contribute data relating to such efforts; and (viii) A statement of the reasons why the applicant is justified in obtaining the permit, including: (A) The activities sought to be au thorized by the permit and the rela tionship of such activities to scientific purposes or enhancing the propagation or survival of the species; and (B) The planned disposition of such plant upon termination of the activi ties sought to be authorized. (2) For activities involving seeds and cultivated plants, provide the following information: (i) The scientific names of the plants sought to be covered by the permit; (ii) A statement of the applicant’s willingness to participate in a coopera tive propagation program, and to main tain or contribute data relating to the success of such efforts; (iii) A justification of the activities sought to be authorized by the permit and the relationship of such activities to scientific purposes or enhancing the propagation or survival of the species; and (iv) If the activities would involve seeds obtained from the wild, addi tional information to evaluate the ef fects of such taking upon the reproduc tive potential of the species where the taking will occur. (v) If the activities would involve re moval and reduction to possession of seeds from an area under Federal juris diction, the year, State, county or any other description such as place name, township, and range designation that will precisely place the location where the proposed removal and reduction to possession will occur, the name of the Federal entity having jurisdiction over the area and the name, title, address, and phone number of the person in charge of the area. (3) For importation or exportation involving the non-commercial loan, ex change, or donation of herbarium or other preserved, dried, or embedded museum specimens of any endangered species between scientists or scientific institutions, provide the following in formation: (i) The name and address of the insti tution or other facility where the plants sought to be covered by the per mit will be used or maintained; and (ii) A justification of the activities sought to be authorized by the permit and the relationship of such activities to scientific purposes or enhancing the propagation or survival of the species. (4) When the activity applied for in volves a species also regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, additional requirements in part 23 of this subchapter must be met. (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. In making his decision, the Director shall consider, in addition to the general criteria in § 13.21(b) of this subchapter, the fol lowing factors: (1) Whether the purpose for which the permit is requested will enhance the survival of the species in the wild; (2) Whether the purpose for which the permit is requested will enhance the propagation of the species; (3) The opinions or views of scientists or other persons or organizations hav ing expertise concerning the plant or other matters germane to the applica tion; and (4) Whether the expertise, facilities, or other resources available to the ap plicant appear adequate to successfully accomplish the objectives stated in the application. (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) If requested, the permittee shall submit to the Director a written report of the activities authorized by the per mit. Such report must be postmarked by the date specified in the permit or otherwise requested by the Director. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00202 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 193 U.S. Fish and Wildlife Serv., Interior § 17.63 (2) A copy of the permit or an identi fication label, which includes the sci entific name, the permit number, and a statement that the plant is of ‘‘wild or igin’’ or ‘‘cultivated origin’’ must ac company the plant or its container during the course of any activity sub ject to these regulations, unless the specimens meet the special conditions referred to in paragraph (c)(3) of this section. (3) In the case of plants that are her barium specimens, or other preserved, dried or embedded museum specimens to be imported or exported as a non commercial loan, exchange or donation between scientists or scientific institu tions, the names and addresses of the consignor and consignee must be on each package or container. A descrip tion such as ‘‘herbarium specimens’’ and the code letters assigned by the Service to the scientists or scientific institution must be entered on the Cus toms declaration form affixed to each package or container. If the specimens are of taxa also regulated by the Con vention on International Trade in En dangered Species of Wild Fauna and Flora, specific information must be en tered on the Customs declaration label affixed to the outside of each shipping container or package. See part 23 of this subchapter for requirements for trade in CITES specimens between reg istered scientific institutions. (d) Duration of permit. The duration of a permit issued under this section shall be designated on the face of the permit. [44 FR 54060, Sept. 18, 1979, as amended at 50 FR 39690, Sept. 30, 1985; 63 FR 52635, Oct. 1, 1998; 79 FR 30419, May 27, 2014] § 17.63 Economic hardship permits. Upon receipt of a complete applica tion, the Director may issue a permit authorizing any activity otherwise pro hibited by § 17.61, in accordance with Section 10(b) of the Act and the issuance criteria of this section, in order to prevent undue economic hard ship. No such exemption may be grant ed for the importation or exportation of a species also listed in Appendix I of the Convention on International Trade in endangered Species of Wild Fauna and Flora, if the specimen would be used in a commercial activity. (a) Application requirements. An appli cation for a permit under this section must be submitted to the Director by the person allegedly suffering undue economic hardship because his desired activity is prohibited. The application must be submitted on an official appli cation form (Form 3–200) provided by the Service, or must contain the gen eral information and certification re quired by § 13.12(a) of this subchapter. It must include, as an attachment, all of the information required in § 17.62 plus the following additional informa tion. (1) The possible legal or economic al ternatives to the activity sought to be authorized by the permit. (2) A full statement, accompanied by copies of all relevant correspondence, showing the applicant’s involvement with the plant sought to be covered by the permit (as well as his involvement with similar plants). The applicant should include information on that portion of his income derived from ac tivities involving such plants in rela tion to the balance of his income dur ing the calendar year immediately pre ceding either the FEDERAL REGISTER notice of review of the status of the species or proposed rulemaking to list the species as Endangered, whichever is earlier. (3) Where applicable, proof of a con tract or other binding legal obligation which: (i) Deals specifically with the plant sought to be covered by the permit; (ii) Became binding prior to the date of the FEDERAL REGISTER notice of re view of the status of the species or pro posed rulemaking to list the species as endangered, whichever is earlier; and (iii) Will cause monetary loss of a given dollar amount if the permit 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 for economic hardship, as defined in section 10(b) of the Act. In making his decision, the Di rector shall consider, in addition to the general criteria in § 13.21(b) of this sub chapter, the following factors: VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00203 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 194 50 CFR Ch. I (10–1–23 Edition) § 17.71 (1) Whether the purpose for which the permit is requested will significantly affect the survival of the species in the wild; (2) The economic, legal, or other al ternatives or relief available to the ap plicant; (3) 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 plant sought to be covered by the permit; and (ii) Became binding prior to the date of the FEDERAL REGISTER notice of re view of the status of the species or pro posed rulemaking to list the species as endangered, whichever is earlier; (4) The severity of economic hardship which the contract or other binding legal obligation referred to in para graph (b)(3) of this section would cause if the permit were denied; (5) 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. (c) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every permit issued under this section may be sub ject to any of the following special con ditions: (1) If requested, the permittee shall submit to the Director a written report of the activities authorized by the per mit. Such report must be postmarked by the date specified in the permit or otherwise requested by the Director. (2) If requested, the permittee shall report to the Service’s office des ignated in the permit the death, de struction or loss of all living plants covered by the permit. Such report must be postmarked by the date speci fied in the permit or otherwise re quested by the Director. (d) Duration of permit. The duration of a permit issued under this section shall be designated on the face of the permit. No permit issued under this section shall be valid for more than one year from the date of a FEDERAL REGISTER notice of review of the status of the species or proposed rulemaking to list the species as endangered, whichever is earlier. [44 FR 54060, Sept. 18, 1979] Subpart G—Threatened Plants § 17.71 Prohibitions. (a) Except as provided in a permit issued under this subpart, all of the provisions of § 17.61 shall apply to threatened species of plants that were added to the List of Endangered and Threatened Plants in § 17.12(h) on or prior to September 26, 2019, with the following exception: Seeds of cul tivated specimens of species treated as threatened shall be exempt from all the provisions of § 17.61, provided that a statement that the seeds are of ‘‘cul tivated origin’’ accompanies the seeds or their container during the course of any activity otherwise subject to the regulations in this subpart. (b) In addition to any provisions of this part, any employee or agent of the Service or of a State conservation agency that is operating a conserva tion program pursuant to the terms of a cooperative agreement with the Serv ice in accordance with section 6(c) of the Act, who is designated by that agency for such purposes, may, when acting in the course of official duties, remove and reduce to possession from areas under Federal jurisdiction those threatened species of plants that are covered by an approved cooperative agreement to carry out conservation programs. (c) Whenever a species-specific rule in §§ 17.73 through 17.78 applies to a threatened species, the species-specific rule will contain all the applicable pro hibitions and exceptions. [84 FR 44760, Aug. 27, 2019] § 17.72 Permits—general. Upon receipt of a complete applica tion, the Director may issue a permit authorizing any activity otherwise pro hibited with regard to threatened plants. The permit shall be governed by the provisions of this section unless a special rule applicable to the plant is provided in §§ 17.73 to 17.78. A permit issued under this section must be for VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00204 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