[Code of Federal Regulations]
[Title 50, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR13.21]

[Page 44-45]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR
 
PART 13--GENERAL PERMIT PROCEDURES--Table of Contents
 
                    Subpart C--Permit Administration
 
Sec. 13.21  Issuance of permits.


    (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 Sec. 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 Sec. 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) Any permit 
automatically incorporates within its terms the conditions and 
requirements of subpart D of

[[Page 45]]

this part and of any part(s) or section(s) specifically authorizing or 
governing the activity for which the permit is issued.
    (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]