[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: 50CFR17.23]

[Page 96-97]
 
                    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 C_Endangered Wildlife
 
Sec.  17.23  Economic hardship permits.

    Upon receipt of a complete application, the Director may issue a 
permit authorizing any activity otherwise prohibited by Sec.  17.21, in 
accordance with the issuance criteria of this section in order to 
prevent undue economic hardship. The Director shall publish notice in 
the Federal Register of each application for a permit that is made under 
this section. Each notice shall invite the submission from interested 
parties, within 30 days after the date of the notice, of written data, 
views, or arguments with respect to the application. The 30-day period 
may be waived by the Director in an emergency situation where the life 
or health of an endangered animal is threatened and no reasonable 
alternative is available to the applicant. Notice of any such waiver 
shall be published in the Federal Register within 10 days following 
issuance of the permit.
    (a) Application requirements. Applications for permits under this 
section must be submitted to the Director by the person allegedly 
suffering undue economic hardship because his desired activity is 
prohibited by Sec.  17.21. Each application must be submitted on an 
official application form (Form 3-200) provided by the Service, and must 
include, as an attachment, all of the information required in Sec.  
17.22 plus the following additional information:
    (1) The possible legal, economic or subsistence alternatives to the 
activity sought to be authorized by the permit;
    (2) A full statement, accompanied by copies of all relevant 
contracts and correspondence, showing the appli- cant's involvement with 
the wildlife sought to be covered by the permit (as well as his 
involvement with similar wildlife), including, where applicable, that 
portion of applicant's income derived from the taking of such wildlife, 
or the subsistence use of such wildlife, during the calendar year 
immediately preceding either the notice in the Federal Register of 
review of the status of the species or of the proposal to list such 
wildlife as endangered, whichever is earliest;
    (3) Where applicable, proof of a contract or other binding legal 
obligation which:
    (i) Deals specifically with the wildlife sought to be covered by the 
permit;
    (ii) Became binding prior to the date when the notice of a review of 
the status of the species or the notice of proposed rulemaking proposing 
to list such wildlife as endangered was published in the Federal 
Register, 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 Director will decide 
whether or not a permit should be issued under any of the three 
categories of economic hardship, as defined in section 10(b)(2) of the 
Act. In making his decisions, 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 being requested is 
adequate to justify removing from the wild or otherwise changing the 
status of the wildlife sought to be covered by the permit;
    (2) The probable direct and indirect effect which issuing the permit 
would have on the wild populations of the wildlife sought to be covered 
by the permit;

[[Page 97]]

    (3) The economic, legal, subsistence, or other alternatives or 
relief available to the applicant;
    (4) 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 wildlife sought to be covered by the 
permit; and
    (ii) Became binding prior to the date when the notice of a review of 
the status of the species or the notice of proposed rulemaking proposing 
to list such wildlife as endangered was published in the Federal 
Register, whichever is earlier.
    (5) The severity of economic hardship which the contract or other 
binding legal obligation referred to in paragraph (b)(4) of this section 
would cause if the permit were denied;
    (6) 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;
    (7) Where applicable, the nature and extent of subsistence taking 
generally by the applicant; and
    (8) The likelihood that applicant can reasonably carry out his 
desired activity within one year from the date a notice is published in 
the Federal Register to review status of such wildlife, or to list such 
wildlife as endangered, whichever is earlier.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to the following special conditions:
    (1) In addition to any reporting requirements contained in the 
permit itself, the permittee shall also submit to the Director a written 
report of his activities pursuant to the permit. Such report must be 
postmarked or actually delivered no later than 10 days after completion 
of the activity.
    (2) The death or escape of all living wildlife covered by the permit 
shall be immediately reported to the Service's office designated in the 
permit.
    (d) Duration of permits issued under this section shall be 
designated on the face of the permit. No permit issued under this 
section, however, shall be valid for more than one year from the date a 
notice is published in the Federal Register to review status of such 
wildlife, or to list such wildlife as endangered, whichever is earlier.

[40 FR 44415, Sept. 26, 1975, as amended at 40 FR 53400, Nov. 18, 1975; 
40 FR 58307, Dec. 16, 1975; 50 FR 39688, Sept. 30, 1985]