[Code of Federal Regulations]

[Title 50, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 50CFR216.39]



[Page 43-44]

 

                    TITLE 50--WILDLIFE AND FISHERIES

 

  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 

           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

 

PART 216_REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS

--Table of Contents

 

                      Subpart D_Special Exceptions

 

Sec. 216.39  Permit amendments.



    (a) General. Special exception permits may be amended by the Office 

Director. Major and minor amendments may be made to permits in response 

to, or independent of, a request from the permit holder. Amendments must 

be consistent with the Acts and comply with the applicable provisions of 

this subpart.

    (1) A major amendment means any change to the permit specific 

conditions under Sec. 216.36(a) regarding:

    (i) The number and species of marine mammals that are authorized to 

be taken, imported, exported, or otherwise affected;

    (ii) The manner in which these marine mammals may be taken, 

imported, exported, or otherwise affected, if the proposed change may 

result in an increased level of take or risk of adverse impact;

    (iii) The location(s) in which the marine mammals may be taken, from 

which they may be imported, and to which they may be exported, as 

applicable; and

    (iv) The duration of the permit, if the proposed extension would 

extend the duration of the permit more than 12



[[Page 44]]



months beyond that established in the original permit.

    (2) A minor amendment means any amendment that does not constitute a 

major amendment.

    (b) Amendment requests and proposals. (1) Requests by a permit 

holder for an amendment must be submitted in writing and include the 

following:

    (i) The purpose and nature of the amendment;

    (ii) Information, not previously submitted as part of the permit 

application or subsequent reports, necessary to determine whether the 

amendment satisfies all issuance criteria set forth at Sec. 216.34, 

and, as appropriate, Sec. 216.41, Sec. 216.42, and Sec. 216.43.

    (iii) Any additional information required by the Office Director for 

purposes of reviewing the proposed amendment.

    (2) If an amendment is proposed by the Office Director, the permit 

holder will be notified of the proposed amendment, together with an 

explanation.

    (c) Review of proposed amendments. (1) Major amendments. The 

provisions of Sec. 216.33(d) and (e) governing notice of receipt, 

review and decision shall apply to all proposed major amendments.

    (2) Minor amendments. (i) After reviewing all appropriate 

information, the Office Director will provide the permit holder with 

written notice of the decision on a proposed or requested amendment, 

together with an explanation for the decision.

    (ii) If the minor amendment extends the duration of the permit 12 

months or less from that established in the original permit, notice of 

the minor amendment will be published in the Federal Register within 10 

days from the date of the Office Director's decision.

    (iii) A minor amendment will be effective upon a final decision by 

the Office Director.



[61 FR 21937, May 10, 1996]