[Code of Federal Regulations]
[Title 50, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR17.63]

[Page 150-151]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                          INTERIOR (CONTINUED)
 
PART 17_ENDANGERED AND THREATENED WILDLIFE AND PLANTS--Table of Contents
 
                       Subpart F_Endangered Plants
 
Sec.  17.63  Economic hardship permits.

    Upon receipt of a complete application, the Director may issue a 
permit authorizing any activity otherwise prohibited by Sec.  17.61, in 
accordance with Section 10(b) of the Act and the issuance criteria of 
this section, in order to prevent undue economic hardship. No such 
exemption may be granted for the importation or exportation of a species 
also listed in Appendix I of the Convention on International Trade in 
endangered Species of Wild Fauna and Flora, if the specimen would be 
used in a commercial activity.
    (a) Application requirements. An application for a permit under this 
section must be submitted to the Director by the person allegedly 
suffering undue economic hardship because his desired activity is 
prohibited. The application must be submitted on an official application 
form (Form 3-200) provided by the Service, or must contain the general 
information and certification required by Sec.  13.12(a) of this 
subchapter. It must include, as an attachment, all of the information 
required in Sec.  17.62 plus the following additional information.
    (1) The possible legal or economic alternatives to the activity 
sought to be authorized by the permit.
    (2) A full statement, accompanied by copies of all relevant 
correspondence, showing the applicant's involvement with the plant 
sought to be covered by the permit (as well as his involvement with 
similar plants). The applicant should include information on that 
portion of his income derived from activities involving such plants in 
relation to the balance of his income during the calendar year 
immediately preceding either the Federal Register notice of review of 
the status of the species or proposed rulemaking to list the species as 
Endangered, whichever is earlier.
    (3) Where applicable, proof of a contract or other binding legal 
obligation which:
    (i) Deals specifically with the plant sought to be covered by the 
permit;
    (ii) Became binding prior to the date of the Federal Register notice 
of review of the status of the species or proposed rulemaking to list 
the species as endangered, whichever is earlier; and
    (iii) Will cause monetary loss of a given dollar amount if the 
permit sought under this section is not granted.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the

[[Page 151]]

Director will decide whether or not a permit should be issued for 
economic hardship, as defined in section 10(b) of the Act. In making his 
decision, the Director shall consider, in addition to the general 
criteria in Sec.  13.21(b) of this subchapter, the following factors:
    (1) Whether the purpose for which the permit is requested will 
significantly affect the survival of the species in the wild;
    (2) The economic, legal, or other alternatives or relief available 
to the applicant;
    (3) The amount of evidence that the applicant was in fact party to a 
contract or other binding legal obligation which:
    (i) Deals specifically with the plant sought to be covered by the 
permit; and
    (ii) Became binding prior to the date of the Federal Register notice 
of review of the status of the species or proposed rulemaking to list 
the species as endangered, whichever is earlier;
    (4) The severity of economic hardship which the contract or other 
binding legal obligation referred to in paragraph (b)(3) of this section 
would cause if the permit were denied;
    (5) Where applicable, the portion of the applicant's income which 
would be lost if the permit were denied, and the relationship of that 
portion to the balance of his income.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section may be subject to any of the following special conditions:
    (1) If requested, the permittee shall submit to the Director a 
written report of the activities authorized by the permit. Such report 
must be postmarked by the date specified in the permit or otherwise 
requested by the Director.
    (2) If requested, the permittee shall report to the Service's office 
designated in the permit the death, destruction or loss of all living 
plants covered by the permit. Such report must be postmarked by the date 
specified in the permit or otherwise requested by the Director.
    (d) Duration of permit. The duration of a permit issued under this 
section shall be designated on the face of the permit. No permit issued 
under this section shall be valid for more than one year from the date 
of a Federal Register notice of review of the status of the species or 
proposed rulemaking to list the species as endangered, whichever is 
earlier.

[44 FR 54060, Sept. 18, 1979]