50 C.F.R. § 13.23

Amendments of permits

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(a) Permittee's request. Where circumstances have changed so that a permittee desires to have any condition of his permit modified, such permittee must submit a full written justification and supporting information in conformity with this part and the part under which the permit was issued.

(b) Service amendment. The Service reserves the right to amend any permit for just cause at any time during its term, upon written finding of necessity, provided that the amendment of a permit issued under § 17.22(b) or (c) of this subchapter will be consistent with the requirements of § 17.22(b)(5) or (c)(5) of this subchapter and amendment of a permit issued under § 17.32(b) or (c) of this subchapter will be consistent with the requirements of § 17.32(b)(5) or (c)(5) of this subchapter.

(c) Change of name or address. A permittee is not required to obtain a new permit if there is a change in the legal individual or business name, or in the mailing address of the permittee. A permittee is required to notify the issuing office within 10 calendar days of such change. This provision does not authorize any change in location of the conduct of the permitted activity when approval of the location is a qualifying condition of the permit.

[54 FR 38148, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999; 89 FR 26093, Apr. 12, 2024]

Notes of Decisions

Cited in 3 cases, 1987–2014 · leading case: W. W. Dean & Assocs. v. City of South San Francisco, 190 Cal. App. 3d 1368 (Cal. Ct. App. 1987).

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W. W. Dean & Assocs. v. City of South San Francisco, 190 Cal. App. 3d 1368 (Cal. Ct. App. 1987). · cites it 4× “( 50 C.F.R. § 13.23 .) I feel that this case is similar to Yost .”

People for the Ethical Treatment of Animals, Inc. v. United States Fish & Wildlife Serv., 59 F. Supp. 3d 91 (D.D.C. 2014). “See 50 C.F.R. § 13.23 (b) (“[FWS] reserves the right to amend any permit for just cause at any time during its term”).”

Env't Prot. Info. Ctr. v. Simpson Timber Co., 255 F.3d 1073 (9th Cir. 2001). · cites it 4× “Finally, EPIC argues that 50 C.F.R. § 13.23 (b) (2000), which allows the FWS to “amend any permit for just cause at any time during its term, upon written finding of necessity,” creates the discretionary authority to impose measures for the benefit of the marbled murrelet and…”

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