50 C.F.R. § 13.27

Permit suspension

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(a) Criteria for suspension. The privileges of exercising some or all of the permit authority may be suspended at any time if the permittee is not in compliance with the conditions of the permit, or with any applicable laws or regulations governing the conduct of the permitted activity. The issuing officer may also suspend all or part of the privileges authorized by a permit if the permittee fails to pay any fees, penalties or costs owed to the Government. Such suspension shall remain in effect until the issuing officer determines that the permittee has corrected the deficiencies.

(b) Procedure for suspension. (1) When the issuing officer believes there are valid grounds for suspending a permit the permittee shall be notified in writing of the proposed suspension by certified or registered mail. This notice shall identify the permit to be suspended, the reason(s) for such suspension, the actions necessary to correct the deficiencies, and inform the permittee of the right to object to the proposed suspension. The issuing officer may amend any notice of suspension at any time.

(2) Upon receipt of a notice of proposed suspension the permittee may file a written objection to the proposed action. Such objection must be in writing, must be filed within 45 calendar days of the date of the notice of proposal, must state the reasons why the permittee objects to the proposed suspension, and may include supporting documentation.

(3) A decision on the suspension shall be made within 45 days after the end of the objection period. The issuing officer shall notify the permittee in writing of the Service's decision and the reasons therefore. The issuing officer shall also provide the applicant with the information concerning the right to request reconsideration of the decision under § 13.29 of this part and the procedures for requesting reconsideration.

[54 FR 38149, Sept. 14, 1989]

Notes of Decisions

Cited in 2 cases, 2000–2009 · leading case: Animal Welfare Inst. v. Beech Ridge Energy LLC, 675 F. Supp. 2d 540 (D. Maryland 2009).

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Animal Welfare Inst. v. Beech Ridge Energy LLC, 675 F. Supp. 2d 540 (D. Maryland 2009). “The FWS may suspend or revoke all or part of an ITP if the permit holder fails to comply with the conditions of the permit or the laws and regulations governing the activity.”

Loggerhead Turtle v. Cnty. Counc., Volusia Cnty., 120 F. Supp. 2d 1005 (M.D. Fla. 2000). “Moreover, the accompanying regulations addressing ITP revocations speak in discretionary terms: a permit “may be suspended” for non-compliance with permit conditions, 50 C.F.R. § 13.27 ; and “may be revoked” for willful violations or failure to correct within 60 days…”

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