50 CFR Ch. II Vol.17 Sec. 222.308

§ 222.308

50 CFR Ch. II (10–1–08 Edition)

These findings must be clearly documented and based upon reliable technical information regarding the status
and habitat requirements of the affected species. NMFS will consider, but
not be limited to, the following factors:
(A) Size of the current range of the
affected species;
(B) Percentage of range adversely affected by the conservation plan;
(C) Percentage of range conserved by
the conservation plan;
(D) Ecological significance of that
portion of the range affected by the
conservation plan;
(E) Level of knowledge about the affected species and the degree of specificity of the species’ conservation program under the conservation plan; and
(F) Whether failure to adopt additional conservation measures would appreciably reduce the likelihood of survival and recovery of the affected species in the wild.
(h) Nothing in this rule will be construed to limit or constrain the Assistant Administrator, any Federal, State,
local, or Tribal government agency, or
a private entity, from taking additional actions at his or her own expense to protect or conserve a species
included in a conservation plan.

ebenthall on PRODPC68 with CFR

§ 222.308 Permits for scientific purposes or for the enhancement of
propagation or survival of species.
(a) Scope. The Assistant Administrator may issue permits for scientific
purposes or for the enhancement of the
propagation or survival of the affected
endangered or threatened species in accordance with the regulations in parts
222, 223, and 224 of this chapter and
under such terms and conditions as the
Assistant Administrator may prescribe, authorizing the taking, importation, or other acts otherwise prohibited by section 9 of the Act. Within the
jurisdication of a State, more restrictive state laws or regulations in regard
to endangered species shall prevail in
regard to taking. Proof of compliance
with applicable state laws will be required before a permit will be issued.
(b) Application procedures. Any person
desiring to obtain such a permit may
make application therefor to the Assistant Administrator. Permits for marine mammals shall be issued in ac-

cordance with the provisions of part
216, subpart D of this chapter. Permits
relating to sea turtles may involve the
Fish and Wildlife Service, in which
case the applicant shall follow the procedures set out in § 222.309. The following information will be used as the
basis for determining whether an application is complete and whether a permit for scientific purposes or for enhancement of propagation or survival
of the affected species should be issued
by the Assistant Administrator. An application for a permit shall provide the
following information and such other
information that the Assistant Administrator may require:
(1) Title, as applicable, either—
(i) Application for permit for scientific purposes under the Act; or
(ii) Application for permit for the enhancement of the propagation or survival of the endangered species Under
the Act.
(2) The date of the application.
(3) The identity of the applicant including complete name, address, and
telephone number. If the applicant is a
partnership or a corporate entity, set
forth the details. If the endangered species is to be utilized by a person other
than the applicant, set forth the name
of that person and such other information as would be required if such person
were an applicant.
(4) A description of the purpose of the
proposed acts, including the following:
(i) A detailed justification of the
need for the endangered species, including a discussion of possible alternatives, whether or not under the control of the applicant; and
(ii) A detailed description of how the
species will be used.
(5) A detailed description of the
project, or program, in which the endangered species is to be used, including the following:
(i) The period of time over which the
project or program will be conducted;
(ii) A list of the names and addresses
of the sponsors or cooperating institutions and the scientists involved;
(iii) A copy of the formal research
proposal or contract if one has been
prepared;
(iv) A statement of whether the proposed project or program has broader

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ebenthall on PRODPC68 with CFR

National Marine Fisheries Service/NOAA, Commerce
significance than the individual researcher’s goals. For example, does the
proposed project or program respond
directly or indirectly to recommendation of any national or international
scientific body charged with research
or management of the endangered species? If so, how?; and
(v) A description of the arrangements, if any, for the disposition of any
dead specimen or its skeleton or other
remains in a museum or other institutional collection for the continued benefit to science.
(6) A description of the endangered
species which is the subject of the application, including the following:
(i) A list of each species and the number of each, including the common and
scientific name, the subspecies (if applicable), population group, and range;
(ii) A physical description of each
animal, including the age, size, and
sex;
(iii) A list of the probable dates of
capture or other taking, importation,
exportation, and other acts which require a permit for each animal and the
location of capture or other taking, importation, exportation, and other acts
which require a permit, as specifically
as possible;
(iv) A description of the status of the
stock of each species related insofar as
possible to the location or area of taking;
(v) A description of the manner of
taking for each animal, including the
gear to be used;
(vi) The name and qualifications of
the persons or entity which will capture or otherwise take the animals;
and
(vii) If the capture or other taking is
to be done by a contractor, a statement
as to whether a qualified member of
your staff (include name(s) and qualifications) will supervise or observe the
capture or other taking. Accompanying
such statement shall be a copy of the
proposed contract or a letter from the
contractor indicating agreement to
capture or otherwise take the animals,
should a permit be granted.
(7) A description of the manner of
transportation for any live animal
taken, imported, exported, or shipped
in interstate commerce, including the
following:

§ 222.308

(i) Mode of transportation;
(ii) Name of transportation company;
(iii) Length of time in transit for the
transfer of the animal(s) from the capture site to the holding facility;
(iv) Length of time in transit for any
planned future move or transfer of the
animals;
(v) The qualifications of the common
carrier or agent used for transportation of the animals;
(vi) A description of the pen, tank,
container, cage, cradle, or other devices used to hold the animal at both
the capture site and during transportation;
(vii) Special care before and during
transportation, such as salves, antibiotics, moisture; and
(viii) A statement as to whether the
animals will be accompanied by a veterinarian or by another similarly
qualified person, and the qualifications
of such person.
(8) Describe the contemplated care
and maintenance of any live animals
sought, including a complete description of the facilities where any such
animals will be maintained including:
(i) The dimensions of the pools or
other holding facilities and the number, sex, and age of animals by species
to be held in each;
(ii) The water supply, amount, and
quality;
(iii) The diet, amount and type, for
all animals;
(iv) Sanitation practices used;
(v) Qualifications and experience of
the staff;
(vi) A written certification from a licensed veterinarian or from a recognized expert who are knowledgeable on
the species (or related species) or group
covered in the application. The certificate shall verify that the veterinarian
has personally reviewed the amendments for transporting and maintaining the animal(s) and that, in the veterinarian’s opinion, they are adequate
to provide for the well-being of the animal; and
(vii) The availability in the future of
a consulting expert or veterinarian
meeting paragraph requirements of
(b)(8)(vi) in this section.

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ebenthall on PRODPC68 with CFR

§ 222.308

50 CFR Ch. II (10–1–08 Edition)

(9) A statement of willingness to participate in a cooperative breeding program and maintain or contribute data
to a stud book.
(10) A statement of how the applicant’s proposed project or program will
enhance or benefit the wild population.
(11) For the 5 years preceding the
date of application, the applicant shall
provide a detailed description of all
mortalities involving species under the
control of or utilized by the applicant
and are either presently listed as endangered species or are taxonomically
related within the Order to the species
which is the subject of this application,
including:
(i) A list of all endangered species
and related species that are the subject
of this application that have been captured, transported, maintained, or utilized by the applicant for scientific
purposes or for the enhancement of
propagation or survival of the affected
species, and/or of related species that
are captured, transported, maintained,
or utilized by the applicant for scientific purposes or for enhancement of
propagation or survival of the affected
species;
(ii) The numbers of mortalities
among such animals by species, by
date, by location of capture, i.e., from
which population, and the location of
such mortalities;
(iii) The cause(s) of any such mortality; and
(iv) The steps which have been taken
by applicant to avoid or decrease any
such mortality.
(12) A certification in the following
language: I hereby certify that the
foregoing information is complete,
true, and correct to the best of my
knowledge and belief. I understand
that this information is submitted for
the purpose of obtaining a permit
under the Endangered Species Act, as
amended, and regulations promulgated
thereunder, and that any false statement may subject me to the criminal
penalties of 18 U.S.C. 1001, or to penalties under the Act.
(13) The applicant and/or an officer
thereof must sign the application.
(14) Assistance in completing this application may be obtained by writing
Chief, Endangered Species Division, Office of Protected Resources, NMFS,

1315 East-West Highway, Silver Spring,
MD 20910 or calling the Office of Protected Resources at 301–713–1401. Allow
at least 90 days for processing.
(c) Issuance criteria. In determining
whether to issue a permit for scientific
purposes or to enhance the propagation
or survival of the affected endangered
species, the Assistant Administrator
shall specifically consider, among
other application criteria, the following:
(1) Whether the permit was applied
for in good faith;
(2) Whether the permit, if granted
and exercised, will not operate to the
disadvantage of the endangered species;
(3) Whether the permit would be consistent with the purposes and policy
set forth in section 2 of the Act;
(4) Whether the permit would further
a bona fide and necessary or desirable
scientific purpose or enhance the propagation or survival of the endangered
species, taking into account the benefits anticipated to be derived on behalf
of the endangered species;
(5) The status of the population of
the requested species and the effect of
the proposed action on the population,
both direct and indirect;
(6) If a live animal is to be taken,
transported, or held in captivity, the
applicant’s qualifications for the proper care and maintenance of the species
and the adequacy of the applicant’s facilities;
(7) Whether alternative non-endangered species or population stocks can
and should be used;
(8) Whether the animal was born in
captivity or was (or will be) taken from
the wild;
(9) Provision for disposition of the
species if and when the applicant’s
project or program terminates;
(10) How the applicant’s needs, program, and facilities compare and relate
to proposed and ongoing projects and
programs;
(11) Whether the expertise, facilities,
or other resources available to the applicant appear adequate to successfully
accomplish the objectives stated in the
application; and
(12) Opinions or views of scientists or
other persons or organizations knowledgeable about the species which is the

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National Marine Fisheries Service/NOAA, Commerce
subject of the application or of other
matters germane to the application.
(d) Terms and conditions. Permits applied for under this section shall contain terms and conditions as the Assistant Administrator may deem appropriate, including but not limited to
the following:
(1) The number and kind of species
covered;
(2) The location and manner of taking;
(3) Port of entry or export;
(4) The methods of transportation,
care, and maintenance to be used with
live species;
(5) Any requirements for reports or
rights of inspections with respect to
any activities carried out pursuant to
the permit;
(6) The transferability or assignability of the permit;
(7) The sale or other disposition of
the species, its progeny, or the species
product; and
(8) A reasonable fee covering the
costs of issuance of such permit, including reasonable inspections and an
appropriate apportionment of overhead
and administrative expenses of the Department of Commerce. All such fees
will be deposited in the Treasury to the
credit of the appropriation which is
current and chargeable for the cost of
furnishing the service.

ebenthall on PRODPC68 with CFR

§ 222.309 Permits for listed species of
sea turtles involving the Fish and
Wildlife Service.
(a) This section establishes specific
procedures for issuance of the following
permits: scientific purposes or to enhance the propagation or survival of
endangered or threatened species of sea
turtles; zoological exhibition or educational purposes for threatened species of sea turtles; and permits that requires coordination with the Fish and
Wildlife Service. The National Marine
Fisheries Service maintains jurisdiction for such species in the marine environment. The Fish and Wildlife Service maintains jurisdiction for such species of sea turtles in the land environment.
(b) For permits relating to any activity in the marine environment exclusively, permit applicants and permit-

§ 222.310

tees must comply with the regulations
in parts 222, 223, and 224 of this chapter.
(c) For permits relating to any activity in the land environment exclusively, permit applicants must submit
applications to the Wildlife Permit Office (WPO) of the U.S. Fish and Wildlife
Service in accordance with either 50
CFR 17.22(a), if the species is endangered, or 50 CFR 17.32(a), if the species
is threatened.
(d) For permits relating to any activity in both the land and marine environments, applicants must submit applications to the WPO. WPO will forward the application to NMFS for review and processing of those activities
under its jurisdiction. Based on this review and processing, WPO will issue either a permit or a letter of denial in
accordance with its own regulations.
(e) For permits relating to any activity in a marine environment and that
also requires a permit under the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES) (TIAS 8249, July 1, 1975)
(50 CFR part 23), applicants must submit applications to the WPO. WPO will
forward the application to NMFS for
review and processing, after which
WPO will issue a combination ESA/
CITES permit or a letter of denial.
§ 222.310 Permit authority for designated agents and employees of
specified Federal and state agencies.
(a) This section constitutes a programmatic permit, pursuant to 16
U.S.C. 1539(a)(1)(A), that authorizes activities by agents and employees of
Federal and state agencies, as described in paragraph (b) of this section,
to aid stranded endangered sea turtles,
and to salvage, collect data from, and
dispose of, dead carcasses of endangered sea turtles in the marine environment. For purposes of this section,
’stranded’ means endangered sea turtles, in the marine environment, that
are alive but sick, injured, or entangled.
(b) If any member of any endangered
species of sea turtle is found stranded
or dead in the marine environment,
any agent or employee of the National
Marine Fisheries Service, the Fish and
Wildlife Service, the U.S. Coast Guard,

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