50 C.F.R. § 13.21

Issuance of permits

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) No permit may be issued prior to the receipt of a written application therefor, unless a written variation from the requirements, as authorized by § 13.4, is inserted into the official file of the Bureau. An oral or written representation of an employee or agent of the United States Government, or an action of such employee or agent, shall not be construed as a permit unless it meets the requirements of a permit as defined in 50 CFR 10.12.

(b) Upon receipt of a properly executed application for a permit, the Director shall issue the appropriate permit unless:

(1) The applicant has been assessed a civil penalty or convicted of any criminal provision of any statute or regulation relating to the activity for which the application is filed, if such assessment or conviction evidences a lack of responsibility.

(2) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his application;

(3) The applicant has failed to demonstrate a valid justification for the permit and a showing of responsibility;

(4) The authorization requested potentially threatens a wildlife or plant population, or

(5) The Director finds through further inquiry or investigation, or otherwise, that the applicant is not qualified.

(c) Disqualifying factors. Any one of the following will disqualify a person from receiving permits issued under this part.

(1) A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation of the Lacey Act, the Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act disqualifies any such person from receiving or exercising the privileges of a permit, unless such disqualification has been expressly waived by the Director in response to a written petition.

(2) The revocation of a permit for reasons found in § 13.28 (a)(1) or (a)(2) disqualifies any such person from receiving or exercising the privileges of a similar permit for a period of five years from the date of the final agency decision on such revocation.

(3) The failure to pay any required fees or assessed costs and penalties, whether or not reduced to judgement disqualifies such person from receiving or exercising the privileges of a permit as long as such moneys are owed to the United States. This requirement shall not apply to any civil penalty presently subject to administrative or judicial appeal; provided that the pendency of a collection action brought by the United States or its assignees shall not constitute an appeal within the meaning of this subsection.

(4) The failure to submit timely, accurate, or valid reports as required may disqualify such person from receiving or exercising the privileges of a permit as long as the deficiency exists.

(d) Use of supplemental information. The issuing officer, in making a determination under this subsection, may use any information available that is relevant to the issue. This may include any prior conviction, or entry of a plea of guilty or nolo contendere, or assessment of civil or criminal penalty for a violation of any Federal or State law or regulation governing the permitted activity. It may also include any prior permit revocations or suspensions, or any reports of State or local officials. The issuing officer shall consider all relevant facts or information available, and may make independent inquiry or investigation to verify information or substantiate qualifications asserted by the applicant.

(e) Conditions of issuance and acceptance—(1) Conditions of issuance and acceptance. Any permit automatically incorporates within its terms the conditions and requirements of subpart D of this part and of any part(s) or section(s) specifically authorizing or governing the activity for which the permit is issued, as well as any other conditions deemed appropriate and included on the face of the permit at the discretion of the Director.

(2) Any person accepting and holding a permit under this subchapter B acknowledges the necessity for close regulation and monitoring of the permitted activity by the Government. By accepting such permit, the permittee consents to and shall allow entry by agents or employees of the Service upon premises where the permitted activity is conducted at any reasonable hour. Service agents or employees may enter such premises to inspect the location; any books, records, or permits required to be kept by this subchapter B; and any wildlife or plants kept under authority of the permit.

(f) Term of permit. Unless otherwise modified, a permit is valid during the period specified on the face of the permit. Such period shall include the effective date and the date of expiration.

(g) Denial. The issuing officer may deny a permit to any applicant who fails to meet the issuance criteria set forth in this section or in the part(s) or section(s) specifically governing the activity for which the permit is requested.

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 47 FR 30785, July 15, 1982; 54 FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. 11, 2005]

Notes of Decisions

Cited in 12 cases, 1998–2018 · leading case: United States v. Friday, 525 F.3d 938 (10th Cir. 2008).

Sort: Relevance Newest Treatment

United States v. Friday, 525 F.3d 938 (10th Cir. 2008). · cites it 2× “” 50 C.F.R. § 13.21 (e)(2); see also id. § 13.”

Conservation Force v. Kenneth Salazar, 699 F.3d 538 (D.C. Cir. 2012). “§§ 1531 (c), 1536(a)(2); *543 50 C.F.R. §§ 13.21 (b), 17.22(a)(2), and “will,” in 50 C.”

Conservation Force v. Salazar, 753 F. Supp. 2d 29 (D.D.C. 2010). “” 50 C.F.R. § 13.21 (emphasis added). But plaintiffs fail to acknowledge the discretionary language that underlies the ESA permit application procedures, where the Service states it “cannot guarantee” a specific timeframe for action: The Service will process all applications as…”

Conservation Force v. Salazar, 811 F. Supp. 2d 18 (D.D.C. 2011). “22 and 50 C.F.R. 13.21. Nevertheless, plaintiffs “have spent 10 years beseeching the ‘offices of the department’ to start doing their job, to no avail.”

Conservation Force v. Salazar, 851 F. Supp. 2d 39 (D.D.C. 2012). “Under 50 C.F.R. § 13.21 (b), an agency generally must grant a properly executed permit application, but it need not do so if “[t]he applicant has failed to demonstrate a valid justification for the permit” or if “[t]he authorization requested potentially threatens a wildlife or…”

Born Free USA v. Norton, 278 F. Supp. 2d 5 (D.D.C. 2003). “ESA — Alleged Misrepresentations 50 C.F.R. § 13.21 (b)(2), an implementing regulation under the ESA, precludes FWS from issuing a permit where “[t]he applicant has failed to disclose material information required, or has made false statements as to any material fact, in…”

Friends of Animals v. Clay, 811 F.3d 94 (2d Cir. 2016). “, 50 C.F.R. § 13.21 (a) (“No permit may be issued prior to the receipt of a written application therefor.”

Loggerhead Turtle v. Cnty. Council of Volusia Cnty., 148 F.3d 1231 (11th Cir. 1998). · cites it 2× “See 50 C.F.R. § 13.21 (b)-(c) (incorporated by reference into 50 C.”

Front Range Nesting Bald Eagle Studies v. U.S. Fish & Wildlife Serv., 353 F. Supp. 3d 1115 (D. Colo. 2018). · cites it 2× “) The Service cited 50 C.F.R. § 13.21 (b) for the notion that it must issue a permit if regulatory criteria are satisfied, and then announced that the relevant regulatory criteria from 50 C.”

Friends of Animals v. Clay (2d Cir. 2016). “, 50 C.F.R. § 13.21 (a) (“No permit may be issued prior to the receipt of a written application therefor .”

Conservation Force v. Salazar (D.D.C. 2011). “22 and 50 C.F.R. 13.21. Nevertheless, plaintiffs “have spent 10 years 5 beseeching the ‘offices of the department’ to start doing their job, to no avail.”

Loggerhead Turtle v. Cty. Council (11th Cir. 1998). “See 50 C.F.R. § 13.21 (b)-(c) (incorporated by reference into 50 C.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.