HomeMy WebLinkAboutRome Hill MSHCP Letter
December 1, 2025
G. E. M. Investment Properties, LLC
Attn: Guy Selleck
1207 North E Street
Anaheim, CA 92805
RE: Rome Hill Commercial Project MSHCP Consistency
Mr. Selleck:
The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) is a
comprehensive, multi-jurisdictional Habitat Conservation Plan (HCP) conserving species and
their associated habitats in western Riverside County. The MSHCP is an HCP pursuant to Section
10(a)(1)(B) of the federal Endangered Species Act of 1973 (FESA), as well as a Natural
Communities Conservation Plan (NCCP) under California’s NCCP Act of 2001. The MSHCP
authorizes the "take" of 146 plant and wildlife species identified within western Riverside County.
On June 22, 2004, the United States Fish and Wildlife Service issued a Take Permit (Attachment
1) for the MSHCP area.
On January 13, 2004, the City Council of the City of Lake Elsinore, California (City Council)
adopted a resolution approving the MSHCP and authorizing the Mayor to execute the MSHCP
Implementation Agreement (Attachment 2).
On November 18, 2025 the City Council adopted a resolution finding the Rome Hill Commercial
project (Planning Application No. 2021-19 [General Plan Amendment No. 2022-01, Zone Change
No. 2022-02, Conditional Use Permit No. 2022-17, Commercial Design Review No. 2022-12, and
Variance No. 2025-08]) (Project) consistent with the MSHCP (Attachment 3). Since the Project is
consistent with the MSHCP, demonstrating compliance with the issued take permit, no further
take permits are required.
If you have any questions or concerns regarding this letter, please call me at (951) 848-4046 or
email me at dabraham@lake-elsinore.org.
Sincerely,
Damaris Abraham
Community Development Director
Attachments
1. Federal Take Permit
2. City of Lake Elsinore’s MSHCP Adopting Resolution
3. MSHCP Consistency Resolution for Rome Hill Project
•
DEPARTMENT OF THE INTERIOR
U.S.FISH AND WILDLIFE SERVICE
FEDERAL FISH AND WILDLIFE PERMIT
1.PERMITTEE
WESTERN RIVERSIDE COUNTY MSHCP PERMITTEES
(SEE ATTACHMENT A)
2.AUTHORITY-$TATUTES
16 USC 1539(a)
16 USC 1533(d)
16 USC 703-712
16 USC 668~668(d)
REGULATIONS (Attached)
50CFR17.22
50CFR 17.32
50 CFR 21.23 &21.27
50CFR 13
3.NUMaER
TE088609-6
3--201
(1197)
4.RENEWABLE
[ZJ YESoNO
5.MAYCOPVIZJYES
D NO
7.FJ(pI~.
6/22/2079
6.EFFECTIVE
___6/22/2004
B.NAME AND TiTlE OF PRINCIPAL OFFICER (1f#1/s a b<lslnellS)I'TYPE OF PERMIT
t--_S_EE_A_TI_AC_H_M_ENT_A .__THREATENEDANDENDANGER~_S_PE_C1_ES ___I
10.LOCATION WHE.RE AU1110RIZED ACTIVITY MAY BE CONDUCTED
Western Riverside County,California:within the MSHCP Plan Area as depicted on maps and described in the MSHCP.
11.CONDITIONS AND AUTHORIZATIONS:
A.GENERAL CONDITIONS SET OUT IN SUBPART D OF 50 CFR 13,AND SPECIFIC CONDITIONS CONTAINED IN FEDERAL REGULATIONS cm:o IN aLOCK #2 ABOVE.ARE HEREBY
MADE A PART OF THIS PERMIT.ALL ACTIVITIES AUTHORIZED HEREIN MUST BE CARRIED OUT IN ACCORD WITH AND FOR THE PURPOSES DESCRIBED IN THE APPLICATlON
SUBMITTED.CONTINUED VALIDITY.OR RENEWAL.OF THIS PERMIT IS SUBJECT TO COMPlETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE CONDITIONS.INCLUDING THE
FILING OF ALL REQUIRED INFORMATION AND REPORTS.-
B.THE VALIDITY OF THIS PERMIT IS ALSO CONDITIONED UPON STRICT OBSERVANCE OF ALL APPLICABLE FOREIGN,STATE,LOCAL OR OTHER FEDERAL LAW.
C.VALID FOR USE BY PERMITTEE NAMED ABOVE.
C.1.a.
b.
c.
d.
e.
f.
g.
h.
1.
j.
k.
1.
m
n.
o.
Riverside County
City of Banning
City ofBeaurnont
City of Calimesa
City of Canyon Lake
City ofCorons
City of Hemet
City of Lake Elsinore
City of Moreno Valley
City of Murrieta
City of Norco
City of Perris
City of Riverside
City of San Jscinto
City of Temecula
p.
q.
r.
s.
1.
u.
v.
CALTRANS
California State Parks
Riverside County Flood Control and Water Conservation District
Riverside County Regional Park and Open-Space District
Riverside County Transportation Commission
Riverside County Waste Resources Management District
Regional Conservation Authority
D.Further conditions of authorization are contained in the attached Special Tenns and Conditions.
[8J ADDITIONAL CONDITIONS AND AUTHORIZATIONS ALSO APPLY
2.REPORTING REQUIREMENTS
TITLE A ....+'i .....,V
DEPUTY MANA3E:R.CALlFORNIAINEVADA OPERATIONS OFFICE
DATE._r
6/22/2004
Attachment A
Page 1 of2
a.Roy Wilson,Chairman
Board of Supervisors
Riverside County 1.Frank West,Mayor
4080 Lemon Street,5th Floor City of Moreno Valley
Riverside,California 92501 14177 Frederick Street
Moreno Valley,California 92552
b.Arthur L.Welch,Mayor
City of Banning J.Jack van Haaster,Mayor
99 E.Ramsey Street City of Murrieta
Banning,California 92220 26442 Beckman Court
Murrieta,California 92562
c.Larry Dressel,Mayor
City of Beaumont k.Frank Hall,Mayor
Civic and Community Center City of Norco
550 East 6th Street 2870 Clark Avenue
Beaumont,California 92223 Corona,California 92860
d.Shenna Moqeet,Mayor 1.Daryl Busch,Mayor
City of Calimesa City of Perris
908 Park Avenue 101 North D.Street
Calimesa,California 92320 Perris,California 92570
e.John Zaitz,Mayor m.Ronald Loveridge,Mayor
City of Canyon Lake City of Riverside
31516 Railroad Canyon Road 3900 Main Street
Canyon Lake,California 92587 Riverside,California 92522
f.Jeff Miller,Mayor n.Jim Ayres,Mayor
City of Corona City of San Jacinto
815 West Sixth Street 201 East Mail Street
Corona,California 92882-3238 San Jacinto,California 92583
g.Lyle Alberg,Mayor o.Michael S.Nagger,Mayor
City of Hemet City of Temecula
445 E.Florida Avenue 43200 Business Park Drive
Hamet,California 92543 Temecula,California 92590
h.Thomas Buckley,Mayor p.Anne Mayer,District Director
City of Lake Elsinore CALTRANS
130 S.Main Street District 8,MS1201
Lake Elsinore,California 92530 464 W.Fourth Street,6th Floor
San Bernardino,California 92401-1400
q.Ruth Colman,Director
California State Parks
1416 9th Street,Room 1405
Sacramento,California 95814
r.Warren D.Williams,General Manager
Riverside County Flood Control and Water
Conservation District
1995 Market Street
Riverside,California 92501
s.Paul Frandsen,General Manager
Riverside County Regional Park and
Open-Space District
4600 Crestmore Road
Riverside,California 92509-6858
Attachment A
Page 2 of2
1.Eric Haley,Executive Director
Riverside County Transportation Commission
4080 Lemon Street,3rd Floor
Riverside,California 92502
u.Hans KenKamp,General Manager
Riverside County Waste Resources
Management District
14310 Frederick Street
Moreno Valley,California 92553
v.Carolyn Syms-Luna,General Manager
Western Riverside County Regional
Conservation Authority
4080 Lemon Street,12th Floor
Riverside,California 95201
Special Terms and Conditions for Permit TE-088609-0
U.S.Fish and Wildlife Service,Carlsbad,California
1.All sections of Title 50 Code ofFederal Regulations,parts 13,17.22,and
17.32 are conditions of this Permit.The current version of these
regulations is providcd in Attachment 1.
2.The authorization granted by this Pennit is subject to compliancc with,
and implementation of the Final Western Riverside County Multiple
Species Habitat Conservation Plan!Natural Community Conservation
Plan (MSHCP),datcd Junc 17,2003,crrata letter to MSHCP from the
County of Riverside dated May 21,2004,and executed Implcmcnting
Agreement all of which are hereby incorporated into this Permit.In the
event ofa discrepancy,thc spccial terms and conditions of this permit
included herein,the lA,and MSHCP,including its associated volumes
(exclusive of the IA)and the errata letter to MSHCP from the County of
Riverside dated May 21,2004,are the controlling documents in the above
ordcr regarding the conditions and authorizations of this permit.
3.The Permittees,Agricultural Operations and Participating Special Entities
that have obtained a certificate of inclusion,and Third Parties Granted
Take Authorization under the direct control of the Permittees,are
authorized to take the animal species identified in Attachment 2 to this
Permit as "Covered Species Adequately Conserved,"to the extent that
take of these species would otherwise be prohibited under section 9 of the
Endangered Species Act of 1973,m;amended (ESA),and its
implementing regulations,or pursuant to a rule promulgated under section
4(d)of the ESA.To become a Covered Species Adequately Conserved,
12 species require that a Memorandum of Understanding be entered into
with the U.S.Forest Service,consistent with Section 18.0 of the lA,that
addresses management of Forest Service lands within the MSHCP
Conservation Area.In order for the remaining 17 species to become
Covered Species Adequately Conserved,achievement of species-specific
conservation objectives,as identified in Table 9-3 of the MSHCP,must be
demonstrated to the satisfaction of the Service.
Take authorization is effective at Permit issuance for those animal species
listed as adequately conserved in Attachment 2 that are currently listcd
under the ESA.For each of the remaining animal species listed as
adequately eonservcd in this attachment that are not listed as threatened or
endangered under the Act,this section lO(a)(l)(B)Permit will become
effective with respect to such species concurrent with the listing of the
species as threatened or endangered under the Act,to the extent that their
take is prohibited by the ESA.Take must be incidental to otherwise
lawful Covered Activities within the Plan Area as described and defined
in the MSHCP and lA,and as further conditioned herein.The amount and
nature of the take is described in the Attachment 3 for each species.
4.Because take of plants is not prohibited under the ESA,incidental take
cannot be authorized under this Permit.Plant species included on the
Permit in special terms and conditions and in Attachment 2 are named in
recognition of the conservation benefits provided for such plants in the
MSHCP,lA,and other documents identified in condition 2,and receive
those assurances identified in the IA.
5.The following conditions apply to birds:
a.Bald eagle and golden eagle -No lethal take is authorized.Take or
disturbance of active nests is not authorized.The Service will not
refer the incidental take of any bald eagle for prosecution under the
Migratory Bird Treaty Act of 1918,as amended (16 U.S.c.§§
703-712)(MBTA),or the Bald and Golden Eagle Protection Act of
1940,as amended (16 U.S.C.§§668-668d),if such take is in
compliance with the terms and conditions specified herein.
b.For birds other than the bald eagle and golden cagle,this section
10(a)(1)(B)permit under the ESA also constitutes a Special
Purpose Permit under 50 CFR 21.27 for the take,as defined by 50
CFR 10.12,of those Covered Species Adequately Conserved that
are listed as threatened or endangered under the Endangered
Species Act of 1973,as amended,and protected by the MBTA,
except for both eagles.Such Special Purpose Permit shall be val1d
for a period of 3 years from the effective date,provided the section
10(a)(l)(B)permit remains in effect for such period.Such Special
Purpose Permit shall be renewed,provided that the Permittees
continues to fulfill their obligations under this agreement.Each
such renewal shall be valid for the maximum period of time
allowed by 50 CFR 21.27 or its successor atthc time ofrenewal.
Take,as defined by 50 CFR 10.12,associated with habitat loss for
bird species on the list of Covered Species Adequately Conserved
(Attachment 2)is avoided or minimized by the restrictions
provided in Sections 5.2.1,7.5.3,and 6.1.2,and Table 9-2 of the
MSHCP.In addition,these restrictions shall include the following
restrictions and prohibitions for birds included as Covered Species
Adequately Conserved (Attachment 2)that are subject to
incidental take as defined by 50 CFR 17.3:
•Coastal California gnatcatcher -Clearing of
occupied habitat within PQP lands and the Criteria
Area between March 1 and August 15 is prohibited.
•Least Bell's vireo and southwestern willow
flycatcher - Avoid occupied habitat pursuant to the
species objectives.
Other birds protected by the MBTA and not listed under the ESA-
No take is authorized under the MBTA (including the killing and
wounding of any such birds,or take of eggs and active nests).
6.Unless take is authorized by the California Department ofFish and
Game's Take Authorization for the MSHCP,Fully Protected Species
under California Fish and Game Code may not be taken or possessed at
any time and no provision of any other law shall be construed to authorize
the issuance of permits or licenses to take any fully protected species.The
following species are Fully Protected species:bald eagle,golden cagle,
peregrine falcon,and white-tailed kite.
7.Where Covered Activities result in the incidental take of Covered Species
Adequately Conserved within U.S.Army Corps of Enginecrs'
jurisdictional wetlands or other waters of the United States,or where
Covered Activities are federally funded or require a Federal permit or
authorization,such incidental take is authorized by this Permit provided
that appropriate authorization is first secured from the Corps or any other
applicable Federal agency with jurisdiction.Where Covered Activities
require formal section 7 consultation under the ESA,exemption for any
associated incidental take by the applicable Federal agency(ies)shall be
provided through future formal consultation,while authorization for any
associated incidental take by the Permittee(s),Third Parties Granted Take
Authorization,and Participating Special shall be provided through this
Permit.This permit term and condition does not alter the provisions of
Section 14.9 of the IA.
8.Because the Management and Monitoring activities arc anticipated to
extend beyond the term of the 75-year Permit and pursuant to Section 8.8
of the MSHCP,the Permittees have permanent responsibility for
managing the conservation lands in perpetuity.At the end of the 75-year
Permit term,the endowment for Adaptive Management shall be
maintained in a non-wasting account.
9.The Orange County-Riverside County Corridor,like the Cajalco Road
Improvements,State Route 79 Improvements,and San Jacinto River
Project,may be a Covered Activity subject to the identified process in the
MSHCP for each project and the Minor Amendment Procedure described
in Section 20.4.2 of the IA.
10.The intermediate mariposa lily shall be considered a "Species Adequately
Conserved"only after thc species-specific conservation objectives are
achieved.
11.The Permittees shall implement species Objective IB for the Delhi sands
flower-loving fly in accordance with Table 9-2 ofthc MSHCP.To clarify
a potential result of a "meet and confer"with the applicable Local
Permittec(s)and Service regarding an occupied project site described in
Objective IB of Table 9-2 of the MSHCP,the language "the Service
concurs that such conservation would not contribute to the long-term
conservation of the species"is interpreted to mean ''the Service
determines that the proposed,75 percent conservation on site would not
contribute to the long-term conservation of the species."
12.Consistent with the biological issue and consideration identified in the
REMAP Area Plan (Section 3.3.12 of the MSHCP)to conserve
undeveloped uplands including agricultural land,annual grassland,and
coastal sage scrub that support or provide potential Habitat for Quino
checkerspot butterfly,the Regional Conservation Authority (RCA)shall
work to conserve the Quino checkerspot butterfly within the Tule
Creek/Anza Valley Subunit of the REMAP Area Plan and,if necessary,
use the Criteria Refinement Process to achieve this conservation.
13.Reserve Managers,in coordination with the RCA and Reserve
Management Oversight Committee (RMOC),shall prepare Reserve
Management Plans for each management unit that contains significant
Additional Reserve Lands under Local Permittee control.Such plans shall
be submitted to the RMOC within 5 years of significant acquisition of
Additional Reserve Lands in a management unit.
14.Notwithstanding the authorized incidental take associated with Reserve
Management,Monitoring and Scientific Research Activities (section 7.4.1
of the MSHCP),this Permit does not alter any permitting requirements
authorized under section IO(a)(1)(A)of the ESA for biologists conducting
surveys provided for in the Plan nor does this Permit alter any of the
survey protocols associated with such permits.
15.Where management activities associated with vernal pools call for
salvage,creation,restoration,or enhancement pursuant to the species-
specific management objectives in Table 5-2 of the MSHCP,such efforts
involving vernal pool species shall employ the following procedure or an
alterative procedure mutually agreed upon with the Service:
a.Fairy shrimp pond soil (inoculum)will be collected when it is dry
to avoid damaging or destroying fairy shrimp cysts,which are
fragile when wet.A hand trowel or similar instrument will be used
to collect the soil.Whenever possible,soil will be collected in
chunks.The trowel will be used to pry up intact chunks of soil,
rather than loosening the soil by raking and shoveling,which can
damage cysts.Soil will not be collected from any ponds until
approved by the Service.
b.The soil from each pond will be stored individually in labeled bags
or boxes that are adequately ventilated and kept out of direct
sunlight to prevent the occurrence of fungus or excessively heating
the soil.
c.Inoculum will not be introduced into the created ponds until after
the created ponds have been demonstrated to retain water for a
minimum 60 days and will be placed in a manner that preserves,to
the maximum extent possible,the orientation of the fairy shrimp
cysts within the surface layer of soil (e.g.,collected inoculum will
be shallowly distributcd within the pond so that cysts have the
potential to be brought into solution upon inundation).
16.This Permit does not authorize the intentional pursuit or killing of animals
associated with hunting.
17.The following procedure and analysis shall apply if a Pennittee elects to
use Public/Quasi-Public Lands within the MSHCP Conservation Area in a
way that alters the land use such that it would not contribute to Reserve
Assembly:
The Permittee shall make [mdings that the replacement acreage is
biologically equivalent or superior to the existing property.The
biological equivalency or superior analysis shall address the effects
on habitats,Covered Species,core areas (as identified on the
MSHCP Core and Linkage Map),linkages and constrained
linkages (as identified on the MSHCP Core and Linkage Map),
MSHCP Conservation Area configuration and management (such
as increases or decreases in edge),and ecotones (defined as the
areas of adjoining Vegetation Communities,generally
characterized by greater biological diversity)and other conditions
affecting species diversity (such as invasion by exotic species).
The Pennittees shall submit the equivalency analysis in narrative
and graphic fonn comparing the effeetslbenefits of the proposed
project to the Wildlife Agencies (Service and California
Department of Fish and Game)for review and concurrence.
Impacts to Habitats within existing Public/Quasi-Public Lands
shall be compensated by purchase and dedication into the MSHCP
Conservation Area of land of no less than a ratio of 1:1 that is in
addition to the Additional Reserve Lands.
18.Pursuant to the policy on Riparian/Riverine Areas and Vernal Pools:
a.Where the avoidance alternative is selected,the other appropriate
mechanisms incorporated into the project design to ensure the
long-term Conservation of unsurveyed avoided areas shall include
appropriate management.
b.Where the avoidance alternative is not selected and focused
surveys eonfinn occupancy by Covered Species identified in
Section 6.1.2 of the MSHCP and pursuant to the species
objectives,90 percent (to 100 percent for the southwestern willow
flycatcher and western yellow-billed cuckoo)of the occupied
portions of the property that provide for the long~term
Conservation value for the species (including the watershed of
individual vernal pools occupied by fairy shrimp species)shall be
conserved unless a Determination of Biologically Equivalent or
Superior Preservation concludes that a proposed alternative will
provide equal or better conservation.
19.Permittees shall incorporate the appropriate guidelines (MSHCP Section
7.5)and specific design features (MSHCP Table 7-4)into individual
planned roadway projects within the Criteria Area and Public/Quasi-
Public Lands.
20.The Monitoring Program Administrator shall consult with the Service on
the development and implementation of the long-term monitoring plan.
21.Prior to each Status Meeting with the Wildlife Agencies pursuant to
Section 6.6.2.F.2 of the MSHCP,the RCA shall provide to the Wildlife
Agencies a copy of the Permittee's final decision document for each
development application in the Criteria Area submitted for the joint
project/application review process that have been received since the last
Status Meeting or Permit issuance,whichever is later.In addition,the
RCA shall provide to the Wildlife Agencies a copy of the final decision
documents that have been received since the last Status Meeting or Pennit
issuance,whichever is later,confirming that individual planned roadway
projects within the Criteria Area,which are described in Section 7.3.5 of
the Plan and depicted in Figure 7-1 of the Plan,are consistent with the
Criteria,appropriate guidelines (MSHCP Section 7.5),and specific design
features (MSHCP Table 7-4).
22.The first annual report is due to the Wildlife Agencies 15 months from the
date of Permit issuance. Subsequently,annual reports shall be submitted
to the Wildlife Agencies cvery 12 months for the life of the Permit.A
copy of the annual report shall be submitted to the Field Supervisor of the
Carlsbad Fish and Wildlife Office,60 10 Hidden Valley Road,Carlsbad,
California 92008,and one copy shall be submitted to the Assistant
Regional Director,Ecological Services,U.S.Fish and Wildlife Service,
911 NE 11 th Avenue,Portland,Oregon 97232.Aside from the
information requirements set forth in Section 10.1 of the LA,the annual
report shall address for that year:
a.Permit implementation of Covered Activities within the Criteria
Area,including the Criteria Refinement Process;and
implementation of policies on Protection of Species Associated
with RiparianlRiverine Areas and Vernal Pools,Protection of
Narrow Endemic Plant Species,and Additional Survey Needs and
Procedures.
b.Biologically Equivalent or Superior Preservation determinations.
23.In addition to the reporting requirements identified in Section 10.0 of the
IA and the MSHCP,the following monitoring and/or reporting conditions
shall apply:
a.Within 6 months of execution of the lA,the Cities and County
(Local Permittees)shall transmit to the Wildlife Agencies and
RCA relevant documents showing adoption and/or execution of
each Local Permittee's MSHCP implementation mechanism.Any
subsequent amendments to the implementation mechanism
throughout the life of the Permit shall be transmitted to the
Service.
b.Copies of maps of existing disturbed use areas at County Waste
facilities shall be provided to the Service.
c.Copies of the initial baseline assessment of Additional Reserve
Lands pursuant to Section 5.2.1 of the MSHCP shall be provided
to the Service.
d.Among the other items described in Section 5.3.7 of the MSHCP,
the Monitoring Program Administrator shall monitor and include
in the Biological Monitoring Report an analysis of the
effectiveness of wildlife movement features for target species
where such features are incorporated into the design of roadway
projects within the MSHCP Conservation Area.The Wildlife
Agencies,in consultation with the Monitoring Program
Administrator and RCA,shall jointly agree on how,where,and
when the effectiveness monitoring will be done and how the data
will be analyzed to inform the Permittees regarding design and
siting offuture wildlife movement features.
c.Permittees shall require biologists send copies of all habitat
assessments and focused survey reports for all Covered Species to
the Monitoring Program Administrator.
f.Within 30 days of completion of an emergency repair pursuant to
Section 7.4.1 of the MSHCP,the RCA shall provide a copy of their
administrative record documentation regarding any such repair,
including any revegetation plans determined to be warranted and
the associated revegetation implementation.
24.The Permittees shall contact that the Service's Carlsbad Fish and Wildlife
Office (6010 Hidden Valley Road,Carlsbad,California 92008,telephone
760-431-9440)immediately regarding any violations or potential
violations of the Federal Endangered Species Act or Migratory Bird
Treaty Act.
25.Within 1 working day of finding dead,injured,or sick endangered or
threatened wildlife species,the Permittees or its designated agents must
orally notify the Service's Carlsbad Fish and Wildlife Office.Written
notification to the Carlsbad Fish and Wildlife Office and the Division of
Law Enforcement (185 W."F"Street,Suite 440,San Diego,California
92101)must be made within 5 calendar days and must include the date,
time,and location of the specimen and any other pertinent information.
26.A copy of this Permit must be in on file in the possession of the
Permittees,and Third Parties under their direct control,while conducting
taking activities.Please refer to the Permit number in all correspondence
and reports concerning Permit activities.Any questions you may have
about this Permit should be directed to the Field Supervisor,Carlsbad Fish
and Wildlife Office,6010 Hidden Valley Road,Carlsbad,California
92008,telephone 760-431-9440.
27.On June 10,2004,the Court in Spirit o.lthe Sage Council v.Norton,Civil
Action No.98-1873 (D.D.C.)ordered that,until the Service completes a
rulemaking on permit revocation standards for incidental take permits,the
Service may not approve new incidental take permits or related documents
containing "No Surprises"assurances.The order does not prevent the
Service from issuing incidental take permits that do not contain "No
Surprises"assurances.Therefore,the "No Surprises"assurances
contained in Sections 3.81,3.109,4.3(C),14.10,14.22,and 17.6 of the lA,
and Sections 1.2.4 and 6.8 of the MSHCP arc currently unenforceable and
are ineffective with respect to this Permit.The remainder ofthe Permit,
the lA,and the MSHCP shall remain in full force and effect to the
maximum extent permitted by law.In addition,in the event that any
future judicial decision or determination from the District Court for the
District of Columbia in Spirit ofthe Sage Council v.Norton,Civil Action
No.98-1873 (D.D.C.)holds that the "No Surprises"assurances rule (or
similar successive rule)is vacated,unenforceable,or enjoined for any
reason or to any extent,the "No Surprises"assurances contained in
Sections 3.81,3.109,4.3(C),14.10,14.12,and 17.6 of the lA,and
Sections 1.2.4 and 6.8 of the MSHCP shall be enforceable only to the
degree allowed by any such decision or determination;provided that the
remainder of the Permit,the lA,and the MSHCP shall remain in full force
and effect to the maximum extent permitted by law.In the event that the
"No Surprises"assurances rule is vacated,held unenforceable,or enjoined
by a judicial decision or determination,including without limitation the
June 10,2004,order described above,but is later reinstated or otherwise
authorized,the "No Surprises"assurances contained in Sections 3.81,
3.109,4.3(C),14.10,14.12,and 17.6 of the lA,and Sections 1.2.4 and 6.8
of the MSHCP shall likewise be automatically reinstated and apply to the
entire term of the MSHCP to the maximum extent permitted by law.
If,in response to any judicial decision or determination,the "No
Surprises"assurances rule is revised,the "No Surprises"assurances
contained in Sections 3.81,3.109,4.3(C),14.10,14.12,and 17.6 of the lA,
and Sections 1.2.4 and 6.8 of the MSHCP shall be automatically amended
in a manner consistent with the revised rule so as to afford the maximum
protection to the Permittees consistent with the revised rule.Pursuant to
the June 10,2004,order in Spirit qlthe Sage Council v.Norton,Civil
Action No.98-1873 (D.D.C.),and while said order is in effect,until the
Service adopts new revocation rules specifically applicable to incidental
take permits,all incidental take permits issued by the Service shall be
subject to the general revocation standard in 50 C.F.R.§13.28(a)(5).
Additionally,notwithstanding anything to the contrary in the IA
(particularly Section 23.5)and the MSHCP,the Service retains statutory
authority,under both sections 7 and 10 of the ESA,to revoke incidental
take permits that arc found likely to jeopardize the continued existence of
a Covered Species.The Service recognizes that the Permittees retain the
right under and pursuant to Section 22.0 of the IA to terminate their
participation in the MSHCP in accordance with the requirements of
Section 22.0 of the IA should the "No Surprises"assurances rule not be
reinstated or be reinstated or otherwise authorized and/or amended in a
manner not satisfactory to the Permittees.
40
(g)If the Solicitor decides that relief
should not be granted,the Solicitor
shall so notify the petitioner in writ-
ing,stattng tn the notification the rea-
sons for denying relief.The petitioner
may then file a supplemental petition,
but no supplemental petition shall be
considered unless it is received within
60 days from the date of the Solicitor's
notification denying the original peti-
tion.
[45 FR 17864,Mar.19,1980,as amended at 47
FR 56861.Dec.21.1982]
§12.42 Recovery of certain storage
costs.
A)y wildlife.plant,or evidentiaryi~s seized and forfeited under the
Endangered Species Act.16 U.S.C.1531
et seq ..any person whose act or omis-
sion was the basis for the seizure may
be charged a reasonable fee for ex-
penses to the United States connected
with the transfer,board,handling,or
storage of such property.If any fish,
wildli~e or plant is seized in connection
with a violation of the Lacey Act
Amendments of 1981.16 U .S.C.3371,et
seq.,any person convicted thereof,or
assessed a civil penalty therefor,may
be assessed a reasonable fee for ex-
penses'of the United States connected
with the storage,care and maintenance
of such property.Within a reasonable
time after forfeiture,the Service shall
send to such person by registered or
certified mail,return receipt re-
qU~'a bill for such fee.The bill
sh ntain an itemized statement of
the plicable costs,together with in-
structions on the time and manner of
payment.Payment shall be made in ac-
cordance with the bilL The recipient of
any assessment of costs under this sec-
tion who has an objection to the rea-
sonableness of the costs described in
the bill may,within 30 days of the date
on which he received the bill,file writ-
ten objections with the Regional Direc-
tor of the Fish and Wildlife Service for
the Region in which the seizure oc-
curred.Upon receipt of the written ob-
jections,the appropriate Regional Di-
rector will promptly review them and
within 30 days mail his final decision
to the party who filed objections.In all
cases,the Regional Director's decision
§12.42 Attach ill ent 1.
50 CFR Ch.I (l 0-1-00 Edition)
shall constitute final administrative
action on the matter.
[17 FR 56861.Dec.21.1982]
SUbpart F-Retum of Property
§12.51 Return procedure.
If,at the conclusion of the appro-
priate proceedings,seized property is
to be returned to the owner or con-
signee,the Solicitor or Service shall
issue a letter or other document au-
thorizing its return.This letter or
other document shall be delivered per-
sonally or sent by registered or cer-
tified mail,return receipt requested.
and shall identify the owner or con-
signee,the seized property,and,if ap-
propriate,the bailee of the seized prop-
erty.It shall also provide that upon
presentation of the letter or other doc-
ument and proper identification,and
the signing of a receipt provided by the
Service,the seized property is author-
ized to be released,prOvided it is prop-
erly marked in accordance with appli-
cable State or Federal requirements.
PART 13-GENERAL PERMIT
PROCEDURES
Subpart A-Introducnon
Sec.
13.1 General.
13.2 Purpose of regulations.
13.3 Scope of regulations.
13.1 Emergency variation from require-
ments.
13.5 Information collection requirements.
SUbpart B-Applicatlon for Pennlts
13.11 Application procedures.
13.12 General information requirements on
applications for permits.
Subpart C-Pennlt Administration
13.21 Issuance of permits.
13.22 Renewal of permits.
13.23 Amendment of permits.
13.24 Right of succession by certain persons.
13.25 Transfer of permits and scope of per-
mit authorization.
13.26 Discontinuance of permit activity.
13.27 Permit suspension.
13.28 Permit revocation.
13.29 Review procedures.
Subpart D-Condltlons
13.11 Humane condit.lons.
U.S.Fish and Wildlife Serv••Interior
13.12 Permits are specific.
13.13 Alteration of permits.
13.11 Display of permit.
13.45 Filing of reports.
13.%Maintenance of records.
13.17 Inspection requirement.
13.18 Compliance with conditions of permit.
13.49 Surrender of permit.
13.50 Acceptance of liability.
AUTHORITY:16 U.S.C.668a,704. 712.712j-l,
1382,1538(d).1539.1510(0,3374,4901-4916;18
U.S.C.12;19 U.S.C.lW2;E.O.11911.41 FR
15683;31 U.S.C.970l.
SOURCE:39 FR 1161.Jan.4,1974,unless oth-
erwise noted.
SUbpart A-Introduction
§13.1 General.
Each person tntending to engage in
an activity for which a permit is re-
qUired by this subchapter B shall,be-
fore commencing such activity,obtain
a valid permit authorizing such activ-
ity.Each person who desires to obtain
the permit privileges authorized by
this subchapter must make application
for such permit in accordance with the
requirements of this part 13 and the
other regulations in this subchapter
which set forth the additional require-
ments for the specific permits desired.
If the activity for which permission is
sought is covered by the requirements
of more than one part of this sub-
chapter,the requirements of each part
must be met.If the information re-
quired for each specific permitted ac-
tivity is included,one application will
be accepted for all permits required,
and a single permit will be issued.
§13.2 Purpose of regulations.
The regulations contained tn this
part provide uniform rules,conditions,
and procedures for the application for
and the issuance,denial,suspension,
revocation,and general administration
of all permits issued pursuant to this
subchapter B.
[51 FR 38117.Sept.11.1989]
§13.3 Scope of regulations.
The provisions in this part are in ad-
dition to,and are not in lieu of,other
permit regulations of this subchapter
and apply to all permits issued there-
under,inclUding "Import and Mark-
ing"(part 14),"Feather Imports"(part
41
§13.5
15),"Injurious Wildlife"(part 16),"En-
dangered Wildlife and Plants"(part 17),
"Marine Mammals"(part 18),"Migra-
tory Birds"(part 21),"Eagles"(part 22)
and "Endangered Species Convention"
(part 23).As used in this part 13,the
term "permit"shall refer to either a li-
cense,permit,or certificate as the con-
text may require.
[42 FR 10465.Feb.22.1977,as amended at 42
FR 32377,June 24.1977;15 FR 56673,Aug.25,
1980]
§13.4 Emergency variation from re-
quirements.
The Director may approve variations
from the requirements of this part
when he finds that an emergency exists
and that the proposed variations will
not hinder effective administration of
this subchapter B,and will not be un-
lawful.
§13.5 Information collection require-
ments.
(a)The Office of Management and
Budget approved the information col-
lection requirements contained tn this
part 13 under 44 U.S.C.and assigned
OMB Control Number 1018-0092.The
Service may not conduct or sponsor.
and you are not required to respond,to
a collection of information unless it
displays a currently valid OMB control
number.We are collecting this infor-
mation to provide information nec-
essary to evaluate permit applications.
We will use this information to review
permit applications and make deci-
sions,according to criteria established
in various Federal wildlife conserva-
tion statutes and regulations,on the
issuance,SUspension,revocation,or de-
nial permits.You must respond to ob-
tatn or retain a permit.
(b)We estimate the public reporting
burden for these reporting require-
ments to vary from 15 minutes to 4
hours per response,with an average of
0.803 hours per response,including time
for reviewing instructions,gathering
and maintaining data,and completing
and reviewing the forms.Direct com-
ments regarding the burden estimate
or any other aspect of these reporting
requirements to the Service informa-
tion Collection Control Officer,M8--222
ARLSQ,U.S.Fish and Wildlife Service,
Washington,DC 20240,or the Office of
50 CFR Ch.I (10-1-00 Edition)
(e)Abandoned or incomplete applica-
tions.Upon receipt of an incomplete or
improperly executed application,or if
the applicant does not submit the prop-
er fees,the issuing office will notify
the applicant of the deficiency.If the
ri
;~
iJ
~
J.
·1·
§13.12
chapter B of chapter I of title 50,Code of
Federal Regulations,and I further certify
that the information submitted in this appli-
cation for a permit is complete and accurate
to the best of my knowledge and belief.I un-
derstand that any false statement herein
may subject me to suspension or revocation
of this permit and to the criminal penalties
of 18 U.S.C.l00l,
(6)Desired effective date of permit
except where issuance date is fixed by
the part under which the permit is
issued;
(7)Date;
(8)Signature of the applicant;and
(9)Such other information as the Di-
rector determines relevant to the proc-
essing of the application.
(b)Additional infonnation required on
permit applications.As stated in para-
graph (a)(3)of this section certain ad-
ditional information is required on all
applications.These additional require-
ments may be found by referring to the
section of this subchapter B cited after
the type of permit for which applica-
tion is being made:
Type 01 parmi!Section
Importation at nondeslgnaled ports:
Scientific ........,..............................................14.31
Deterioration prevention ...............................14.32
Economic hardship .................__....................14.33
Marking 01 package Of container.
Symbol marlmg ........................................__..14.83
ImporVexport license ...............__........__.........14.93
Feather irrport quota:Importation or entry .........15.21
Injurious ".,;Jdlife:Imponat;on or shipment ....__.....1622
Endangered wildlife and plant pamtits:
Similarity 01 appearance ...............................17.52
ScienIific.enhancement 01 propagation Of
survival.inCidenlaI taking fOf wildfile __•__.•.17.22
Scientific,propagation,or survival for pIanIs 17.62
Economic hardship lor wildlife •__..............____17.23
Economic hardship 10,plants __....__...............17.63
Threatened wildife andplanl pennits:
Similarlly 01 appeanmce .__..________...........__.....17.52
Genernl for wildlife .....______........____....__..........17.32
American aHigaIor---buyer '"tanner ..____........17.42(8)
General for pIanIs __......______.....__.......______.__....17.72
Marine mammals permits:
Scientific resealCh ..............................__........18.31
Public display __.............................................18.31
\IIigralOly bird penni1s:
Banding Of mari<ing .....__.............__..........______21.22
Scientific coIecling .......................................2123
Taxidermist ...................................................21.24
Watarlowl sale and lisposal .____________...........21.25
Special avicufturisl·........................................21.26
Special purpose .............__.............................21.27
Falconry ........................................................21.28
Raplor propagation permi!.......................____21.30
Depredation como!......................................21.41:agle pennits:
8<>en1ilic or exItilmon ...............................__.22.21
Indian refrgious use ......__..____....____........____....22.22
Depredation control ......................__..............222:l
Falconry purposes ........................................22.24
U.S.Fish and Wildlife serv.,Interior
43
applicant fails to supply the correct in-
formation to complete the application
or to pay the required fees within 45
calendar days of the date of notifica-
tion,the Service will consider the ap-
plication abandoned.The Service will
not refund any fees for an abandoned
application.
[47 FR 30785,July 15,1982,as amended at 50
FR 52889,Dec.26,1985;54 FR 4031,Jan.27,
1989;54 FR 38147,Sept.14,1989;61 FR 31868,
June 21,1996]
§13,12 General information require-
ments on applications for permits.
(a)General information required for
all applications.All applications must
contain the following information:
(1)Applicant's full name,mailing ad-
dress,telephone number{s),and,
(i)If the applicant is an individual,
the date of birth,height,weight,hair
color,eye color,sex,and any business
or institutional affiliation of the appli-
cant related to the requested permitted
activity;or
(11)If the applicant is a corporation,
firm,partnership,association,institu-
tion,or public or private agency,the
name and address of the president or
principal officer and of the registered
agent for the service of process;
(2)Location where the requested per-
mitted activity is to occur or be con-
ducted;
(3)Reference to the partes)and sec-
tion(s)of this subchapter B as listed in
paragraph (b)of this section under
which the application is made for a
permit or permits,together with any
additional justification,including sup-
"'porting documentation as required by
the referenced part{s)and section(s);
(4)If the requested permitted activ-
ity involves the import or re-export of
wildlife or plants from or to any for-
eign country,and the country of ori-
gin,or the country of export or re-ex-
port restricts the taking,possession,
transportation,exportation,or sale of
wildlife or plants,documentation as in-
dicated in §14.52(c)of this subchapter
B;
(5)Certification in the following lan-
guage:
I hereby certify that I have read and am fa-
miliar with the regulations contained in
title 50,part 13,of the Code of Federal Regu-
lations and the other applicable parts in sub-
F<!e
$50.
$100.
None.
None.
Type 01 permn
ImportlExport license (Soclion 14.93).
Marine Mammal (Soclion 18.31).
M;grnlory Bird-8anding Of Marking (21.22)
Bald Of Golden Eagles (Part 22)
applicant requests.Applicants for en-
dangered species and marine mammal
permits should submit applications to
the Office of Management Authority
which are postmarked at least 90 cal-
endar days prior to the requested effec-
tive date.Applicants for all other per-
mits should submit applications to the
issuing office which are postmarked at
least 60 days prior to the requested ef-
fective date.
(d)Fees.(1)Unless otherwise exempt-
ed by this paragraph,applicants for
issuance or renewal of permits must
pay the required permit processing fee
at the time of application.Applicants
should pay fees by check or money
order made payable to "U.S.Fish and
Wildlife Service."The Service will not
refund any application fee under any
circumstances if the Service has proc-
essed the application.However,the
Service may return the application fee
if the applicant withdraws the applica-
tion before the Service has signifi-
cantly processed it.
(2)Except as provided in paragraph
(d)(4)of this section the fee for proc-
essing any application is $25.00.If regu-
lations in this subchapter require more
than one type of permit for an activity,
and the permits are issued by the same
office,the issuing office may issue one
consolidated permit authorizing the
activity.The issuing office may charge
only the highest single fee for the ac-
tivity permitted.
(3)A fee shall not be charged to any
Federal,State or local government
agency,nor to any individual or insti-
tution under contract to such agency
for the proposed activities.The fee
may be waived or reduced for public in-
stitutions (see 50 CFR 10.12).Proof of
such status must accompany the appli-
cation.
(4)Nonstandard fees.
,513.11
42
Management and Budget,Paperwork
Reduction·Project (1018--0092),Wash-
lDgton,DO 20603,·
:i~i~:~:9<'t.l,1998]
'~'t~Applicafion for Permits
f13.11 Application procedures.
The Service may not issue a permit
for any activity authorized by this sub-
chapter B unless the applicant has filed
an application in accordance with the
following procedures.Applicants do not
have to submit a separate application
for each permit unless otherwise re-
•
.ed by this subchapter.
Forms.Applications must be sub-
ed in writing on a Federal Fish
and Wildlife LicensefPermit Applica-
tion (Form 3-200)or as otherwise spe-
cifically directed by the Service.
(b)Forwarding instructions.Applica-
tions for permits in the following cat-
egories should be forwarded to the
issuing office indicated below.
(1)Migratory bird banding permits
(50 CFR 21.22}-Bird Banding Labora-
tory,Office of Migratory Bird Manage-
ment,U.S.Fish and Wildlife Service,
Laurel,Maryland 2Q708.(Special appli-
cation forms must be used for bird
banding permits.They may be obtained
by writing to the Bird Banding Labora-
tory).
(2)Exception to designated port (50
CFR part 14),importJexport license (50
CFR 14.93),migratory bird permit,
o.than banding (50 CFR part 21)
a aId or Golden eagle permits (50
C part 22}-Assistant Regional Di-
rector for Law Enforcement of District
in which the applicant resides (see 50
CFR 10.22 for addresses and boundaries
of the Law Enforcement Districts).
(3)Feather quota (50 CFR part 15),in-
jurious wildlife (50 CFR part 16),endan-
gered and threatened species (50 CFR
part 17),marine mammal (50 CFR part
18)and permits and certificates for the
Convention on International Trade in
Endangered Species (CITES)(50 CFR
part 23}-U.S.Fish and Wildlife Serv-
ice,Federal Wildlife Permit Office,
P.O.Box 3654,Arlington,Virginia 22203.
(c)Time notice.The Service will proc-
ess all applications as quickly as pos-
sible.However,it cannot guarantee
final action within the time limits the
§13.21
Type 01 permit Section
Take of golden eagle nests ·1 22.25
Endangered Species Convention permits 23.15
[39 FR 1161,Jan.4,1974,as amended at 42 FR
1M65,Feb.22,1977;42 FR 32377,June 24,1977;
44 FR 54006,Sept.17,1979;44 FR 59003,Oct.
12,1979;45 FR 56673,Aug.25,1980;45 FR 78154,
Nov.25,1980;46 FR 42680,Aug.24,1981;48 FR
31607,July 8,1983;48 FR 57300,Dec.29,1983;
50 FR 39687,Sept.30,1985;50 FR 45408,OCt.
31,1985;54 FR 38147,Sept.14,1989]
Subpart C-Permit Administration
f .21 Issuance of permits.
)No permit may be issued prior to
t e receipt of a written application
therefor,unless a written variation
from the requirements,as authorized
by §13.4,is inserted into the official file
of the Bureau.An oral or written rep-
resentation 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 exe-
cuted application for a permit,the Di-
rector shall issue the appropriate per-
mit unless:
(l)The applicant has been assessed a·
civil penalty or convicted of any crimi-
nal provision of any statute or regula-
tion relating to the activity for which
the application is filed,if such assess-
~t or conviction evidences a lack of
~onsibility.
(2)The applicant has failed to dis-
close material information required,or
has made false statements as to any
material fact,in connection with his
application;
(3)The applicant has failed to dem-
onstrate a valid justification for the
permit and a showing of responsibility;
(4)The authorization requested po-
tentially threatens a wildlife or plant
population,or
(5)The Director finds through fur-
ther inquiry or investigation,or other-
wise,that the applicant is not quali-
fied.
(c)Disqualifying factors.Anyone of
the following will disqualify a person
from receiving permits issued under
this part.
50 CFR Ch.I (10-1-00 Edition)
(1)A conviction,or entry of a plea of
guilty or nolo contendere,for a felony
violation of the Lacey Act,the Migra-
tory Bird Treaty Act,or the Bald and
Golden Eagle Protection Act disquali-
fies any such person from receiving or
exercising the privileges of a permit,
unless such disqualification has been
expressly waived by the Director in re-
sponse to a written petition.
(2)The revocation of a permit for
reasons found in §13.28 (a)(1)or (a)(2)
disqualifies any such person from re-
ceiving or exercising the privileges of a
similar permit for a period of five years
from the date of the final agency deci-
sion 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 pres-
ently subject to administrative or judi-
cial appeal;provided that the pendency
of a collection action brought by the
United States or its assignees shall not
constitute an appeal within the mean-
ing of this subsection.
(4)The failure to submit timely,ac-
curate,or valid reports as required
may disqualify such person from re-
ceiving or exercising the privileges of a
permit as long as the deficiency exists.
(d)Use of supplemental information.
The issuing officer,in making a deter-
mination 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 assess-
ment 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 accept-
ance.(l)Any permit automatically in-
corporates within its terms the condi-
tions and requirements of subpart D of
44
U.S.Fish and Wlkftlfe Serv.,Interior
this part and of any partes)or sec-
tion(s)specifically authorizing or gov-
erning the activity for which the per-
mit is issued.
(2)Any person accepting and holding
a permit under this subchapter B ac-
knowledges the necessity for close reg-
ulation and monitoring of the per-
mitted activity b'y 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 ac-
tivity is conducted at any reasonable
hour.Service agents or employees may
enter such premises to inspect the lo-
cation;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 per-
mit.Such period shall include the ef-
fective 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 re-
quested.
[39 FR 1161,Jan.4,1974,as amended at 42 FR
:12377,June 24,1977:47 FR 30785,July 15,1982;
54 FR 38148,Sept.14,1989J
§13.22 Renewal of permits.
(a)Application for renewal.Applicants
for renewal of a permit must submit a
written application at least 30 days
prior to the expiration date of the per-
mit.Applicants must certify in the
form required by §13.12(a)(5)that all
statements and information in the
original application remain current
and correct,unless previously changed
or corrected.If such information is no
longer current or correct,the applicant
must provide corrected information.
(b)Renewal criteria.The Service shall
issue a renewal of a permit if the appli-
cant meets the criteria for issuance in
§l3.21(b)and is not disqualified under
§l3.21(c).
(c)Continuation of permitted activity.
Any person holding a valid,renewable
permit,who has complied with this
section,may continue the activities
authorized by the expired permit until
45
§13.24
the Service has acted on such person's
application for renewaL
(d)Denial.The issuing officer may
deny renewal of a permit to any appli-
cant who fails to meet the issuance cri-
teria set forth in §13.21 of this part,or
in the partes)or section(s)specifically
governing the activity for which the
renewal is requested.
[54 FR 38148,Sept.14,1989]
§13.23 Amendment of permits.
(a)Permittee's request.Where cir-
cumstances have changed so that a per-
mittee desires to have any condition of
his permit modified,such permittee
must submit a full written justifica-
tion and supporting information in
conformity with this part and the part
under which the permit was issued.
(b)The Service reserves the right to
amend any permit for just cause at any
time during its term,upon written
finding of necessity,provided that any
such amendment of a permit issued
under §17.22(b)through (d)or §17.32(b)
through (d)of this subchapter shall be
consistent with the requirements of
§17.22(b)(5),(c)(5)and (d)(5)or
§l7.32(b)(5),(c)(5)and (d)(5)of this sub-
chapter,respectively.
(c)Change of name or address.A per-
mittee is not required to obtain a new
permit if there is a change in the legal
individual or business name,or in the
mailing address of the permittee.A
permittee is required to notify the
issuing office within 10 calendar days
of such change.This provision does not
authorize any change in location of the
conduct of the permitted activity when
approval of the location is a qua.lifying
condition of the permit.
[54 FR 38148,Sept.14,1989,as amended at 64
FR 32711,June 17,1999]
§13.24 Right of succession by certain
persons.
(a)Certain persons other than the
permittee are authorized to carry on a
permitted activity for the remainder of
the term of a current permit,provided
they comply with the provisions of
paragraph (b)of this section.Such per-
sons are the following;
(1)The surviving spouse,child,ex-
ecutor,administrator,or other legal
.;
~i1
~itt
fi
~;-~,......
~l
.!~
I;;
:'(
:}
<';~,:t
t~
.!~;:1,.'
-'<
·--i:-l
--:}
~
~-~.::~
~{{
----------
§13.25
representative of a deceased permittee;
or
(2)A receiver or trustee in bank-
ruptcy or a court designated assignee
for the benefit of creditors.
(b)In order to qualify for the author-
ization provided in this section,the
person or persons desiring to continue
the activity shall furnish the permit to
the issuing officer for endorsement
within 90 days from the date the suc-
cessor begins to carry on the activity.
(c)In the case of permits issued
under §l7.22(b)through (d)OT §17.32(b)
through (d)of this subchapter B,the
successor's authorization under the
APermit is also subject to a determina-
W!;ion by the Service that:
(1)The successor meets all of the
qualifications under this part for hold-
ing a permit;
(2)The successor has provided ade-
quate written assurances that it will
provide sufficient funding for the con-
servation plan or Agreement and will
implement the relevant terms and con-
ditions of the permit,including any
outstanding minimization and mitiga-
tion requirements;and
(3)The successor has provided such
other information as the Service deter-
mines is relevant to the processing of
the request.
[64 FR 32711,June 17.1999]
§13.25 Transfer of permits and scope
of permit authorization.
(a)Except as otherwise provided for
Ain this section,permits issued under
.this part are not transferable or assign-
able.
(b)Permits issued under §17.22(b)
through (d)or §l7.32(b)through (d)of
this subchapter B may be transferred
in whole or in part through a joint sub-
mission by the permittee and the pro-
posed transferee,or in the case of a de-
ceased permittee.the deceased permit-
tee's legal representative and the pro-
posed transferee,provided the Service
determines that:
(1)The proposed transferee meets all
of the qualifications under this part for
holding a permit;
(2)The proposed transferee has pro-
vided adequate written assurances that
it will provide sufficient funding for
the conservation plan or Agreement
and will implement the relevant terms
50 CFR Ch.I (10-1-00 Edmon)
and conditions of the permit.including
any outstanding minimization and
mitigation requirements:and
(3)The proposed transferee has pro-
vided such other information as the
Service determines is relevant to the
processing of the submission.
(c)Except as otherwise stated on the
face of the permit,any person who is
under the direct control of the per-
mittee,or who is employed by or under
contract to the permittee for purposes
authorized by the permit,may carry
out the activity authorized by the per-
mit.
(d)In the case of permits issued
under §17 .22(b H d)or §17 .32(b)-(d)of
this subchapter to a State or local gov-
ernmental entity.a person is under the
direct control of the permittee where:
(1)The person is under the jurisdic·
tion of the permittee and the permit
provides that such person(s)may carry
out the authorized activity;or
(2)The person has been issued a per-
mit by the governmental entity or has
executed a written instrument with the,
governmental entity,pursuant to the;
terms of the implementing agreement.j
[64 FR 32711.June 17.1999.as amended at 61
FR 52676,Sept.30.19991;1
§13.26 Discontinuance of permit activ.'
ity.
When a permittee,or any successor~
to a permittee as provided for by §13.24,~
discontinues activities authorized by a
permit,the permittee shall within 31
calendar days of the discontinuance reo:!
turn the permit to the issuing office to-I
gether with a written statement sUfoJ
rendering the permit for cancellation.:
The permit shall be deemed void and
cancelled upon its receipt by the'
issuing office.No refund of any feei
paid for issuance of the permit or f.
any other fees or costs associated wi .
a permitted activity shall be made:
when a permit is surrendered for can".:
cellation for any reason prior to the ex:
piration date stated on the face of .
permit.
[54 FR 38149,Sept.14,1989]
§13.27 Permit suspension.
(a)Criteria for suspension.The prI
leges of exercising some or all of
permit authority may be suspended
46
u.s.Fish and WIldlife serv.,Interior
any time if the permittee is not in
compliance with the conditions of the
permit,or with any applicable laws or
regulations governing the conduct of
the permitted activity.The issuing of-
ficer may also suspend all or part of
the privileges authorized by a permit if
the permittee fails to pay any fees,
penalties or costs owed to the Govern-
ment.Such suspension shall remain in
effect until the issuing officer deter-
mines that the permittee has corrected
the deficiencies.
(b)Procedure for suspension.(1)When
the issuing officer believes there are
valid grounds for suspending a permit
the permittee shall be notified in writ-
ing of the proposed suspension by cer-
tified or registered mail.This notice
shall identify the permit to be sus-
pended,the reason(s)for such suspen-
sion,the actions necessary to correct
the deficiencies.and inform the per-
mittee of the right to object to the pro-
)lOsed suspension.The issuing officer
,may amend any notice of suspension at
~anytime.
~.(2)Upon receipt of a notice of pro-
•JlOsed suspension the permittee may
flle a written objection to the proposed
-action.Such objection must be in writ-
ing,must be filed within 45 calendar
days of the date of the notice of pro-
pos.al,must state the reasons why the
~permittee objects to the proposed sus-
t pension,and may include supporting
\documentation.
C (3)A decision on the suspension shall
lbe made within 45 days after the end of
Ithe objection period.The issuing offi-
;cer shall notify the permittee in writ-~ing of the Service's decision and the
:reasons therefore.The issuing officer
'JhaII also provide the applicant with
;'the information concerning the right
'to request reconsideration of the deci-
,lion under §13.29 of this part and the
1j1roCedures for requesting reconsider-
fation.
i"
FR 38149.Sept.14.1989]
~13.zs Permit revocation.
~'(a)Criteria for revocation.A permit
y be revoked for any of the fol-
Wing reasons;
(1)The permittee willfUlly violates
Federal or State statute or regula-
.on,or any Indian tribal law or regu-
on.or any law or regulation of any
47
§13.28
foreign country,which involves a vio-
lation of the conditions of the permit
or of the laws or regulations governing
the permitted activity:or
(2)The permittee fails within 60 days
to correct deficiencies that were the
cause of a permit suspension;or
(3)The permittee becomes disquali-
fied under§13.21{c)of this part;or
(4)A change occurs in the statute or
regulation authorizing the permit that
prohibits the continuation of a permit
issued by the Service;or
(5)Except for permits issued under
§17.22(b)through (d)or §l7.32(b)
through (d)of this subchapter,the pop-
ulation(s)of the wildlife or plant that
is the subject of the permit declines to
the extent that continuation of the
permitted activity would be detri-
mental to maintenance or recovery of
the affected population.
(b)Procedure for revocation.(1)When
the issuing officer believes there are
valid grounds for revoking a permit,
the permittee shall be notified in writ-
ing of the proposed revocation by cer-
tified or registered mail.This notice
shall identify the permit to be revoked,
the reason(s)for such revocation,the
proposed disposition of the wildlife,if
any,and inform the permittee of the
right to object to the proposed revoca-
tion.The issuing officer may amend
any notice of revocation at any time.
(2)Upon receipt of a notice of pro-
posed revocation the permittee may
file a written objection to the proposed
action.Such objection must be in writ-
ing,must be filed within 45 calendar
days of the date of the notice of pro-
posal,must state the reasons why the
permittee objects to the proposed rev-
ocation,and may inclUde supporting
documentation.
(3)A decision on the revocation shall
be made within 45 days after the end of
the objection period.The issuing offi-
cer shall notify the permittee in writ-
ing of the Service's decision and the
reasons therefore,together with the in-
formation concerning the right to re-
quest and the procedures for requesting
reconsideration.
(4)Unless a permittee fiies a timely
request for reconsideration.any wild-
life held under authority of a permit
that is revoked must be disposed of in
accordance with instructions of the
49
§13.48
for the preceding calendar year ending
December 31,or any portion thereof,
during which a permit was in force,un-
less the regulations of this subchapter
B or the provisions of the permit set
forth other reporting requirements.
§13.46 Maintenance of recordA.
From the date of issuance of the per-
mit,the permittee shall maintain com-
plete and accurate records of any tak-
ing,possession,transportation,sale,
purchase,barter,exportation,or im-
portation of plants obtained from the
wild (excluding seeds)or wildlife pursu-
ant to such permit.Such records shall
be kept current and shall include
names and addresses of persons with
whom any plant obtained from the wild
(excluding seeds)or wildlife has been
purchased,sold,bartered,or otherwise
transferred,and the date of such trans-
action,and such other information as
may be required or appropriate.Such
records shall be legibly written or re-
producible in English and shall be
maintained for five years from the date
of expiration of the permit.
[39 FR 1161,Jan.4,1974,as amended at 42 FR
323'n,June 24,1977;54 FR 38150,Sept.14.1989]
§13.47 Inspection requirement.
Any person holding a permit under
this subchapter B shall allow the Di-
rector's agent to enter his premises at
any reasonable hour to inspect any
wildlife or plant held or to inspect,
audit,or copy any permits,books,or
records required to be kept by regula-
tions of this subchapter B.
[39 FR 1161,Jan.4,1974,as amended at 42 FR
32377,June 24,1977]
§13.48 Compliance with conditions of
permit.
Any person holding a permit under
subchapter B and any person acting
under authority of such permit must
comply with all conditions of the per-
mit and with all appllicable laws and
regulations governing the permitted
activity.
[54 FR 38150,Sept.14,1989J
Subpart D-Conditions
unless extended for good cause and the
appellant notified of the extension.
(3)The decision of the Regional Di-
rector or the Director shall constitute
the final administrative decision of the
Department of the Interior.
[54 FR 38149,Sept.14,1989]
§13.41 Humane conditioDl!l.
Any live wildlife possessed under a
permit must be maintained under hu-
mane and healthful conditions.
(54 FR 38150,Sept.14,1989J
U.S.Fish and W1k1life Serv.,Interior
f 13.43 Alteration of permits.
Permits shall not be altered,erased,
or mutilated,and any permit which
has been altered,erased,or mutilated
Bhall immediately become invalid.Un-
less specifically permitted on the face
thereof,no permit shall be copied,nor
shall any copy of a permit issued pur-
want to this subchapter B be dis-
plaYed,offered for inspection,or other-
wise used for any official purpose for
which the permit was issued.
113.44 Display of permit.
Any permit issued under this part
shall be displayed for inspection upon
request to the Director or his agent,or
to any other person relying upon its
existence.
113.45 Filing of reports,
Permittees may be required to file
'reports of the activities conducted.
under the permit.Any such reports
ahall be filed not later than March 31
§13.42 Permits are specific.
The authorizations on the face of a
permit which set forth specific times,
dates,places,methods of taking,num-
bers and kinds of wildlife or plants,lo-
cation of activity,authorize certain
circumscribed transactions,or other-
wise permit a specifically limited mat-
ter,are to be strictly construed and
ahall not be interpreted to permit simi-
lar or related matters outside the scope
of strict construction.
[39 FR 1161,Jan.4,1974,as amended at 42 FR
~.32377,June 24.1977]
50 CFR Ch.I 00-1-00 Edition)
(4)The request for reconsideration
shall contain a certification in sub-
stantially the same form as that pro-
vided by §13.12(a)(5).If a request for re-
consideration does not contain such
certification,but is otherwise timely
and appropriate,it shall be held and
the person submitting the request shall
be given written notice of the need to
submit the certification within 15 cal-
endar days.Failure to submit certifi-
cation shall result in the request being
rejected as insufficient in form and
content.
(c)Inquiry by the Service.The Service
may institute a separate inquiry into
the matter under consideration.
(d)Determination of grant or denial of
a reque3t for reconsideration.The issuing
officer shall notify the permittee of the
Service's decision within 45 days of the
receipt of the request for reconsider-
ation.This notification'shall be in
writing,shall state the reasons for the
decision,and shall contain a descrip-
tion of the evidence which was relied
upon by the issuing officer.The notifi-
cation shall also provide information
concerning the right to appeal,the om·"
cial to whom an appeal may be ad-
dressed,and the procedures for making·
an appeal.
(e)Appeal.A person who has received ....·
an adverse decision following subrni9-~
sian of a request for reconsideration"
may submit a written appeal to the Reo:
gional Director for the region in which;
the issuing office is located,or to the
Director for offices which report di-\
rectly to the Director.An appeal must.
be submitted within 45 days of the date;
of the notification of the decision on,
the request for reconsideration.The"
appeal shall state the reason(s)and ..
issue(s)upon which the appeal is based..
and may contain any additional evi·;
dence or arguments to support the ap-~
peal..
(f)Decision on appeal.(1)Before a d&-"
cision is made concerning the appeal;
the appellant may present oral argu-~
ments before the Regional Director orl
the Director,as appropriate,if such of-:j
ficial jUdges oral arguments are nec-~"
essary to clarify issues raised in the!
written record.
(2)The Service shall notify the appe1~
lant in writing of its decision within 45~
calendar days of receipt of the appeal.
48
§13.29
issuing officer.If a permittee files a
timely request for reconsideration of a
proposed revocation,such permittee
may retain possession of any wildlife
held under authority of the permit
until final disposition of the appeal
process.
[54 FR 38149,Sept.14,1989,as amended at 64
FR 32711,June 17,1999]
§13,29 Review procedures.
(a)Request for reconsideration.Any
person may request reconsideration of
an action under this part if that person
is one of the following:
(1)An applicant for a permit who has
~ceived written notice of denial;
_(2)An applicant for renewal who has
received written notice that a renewal
is denied;
(3)A permittee who has a permit
amended,suspended,or revoked,ex-
cept for those actions which are re-
quired by changes in statutes or regu-
lations,or are emergency changes of
limited applicability for which an expi-
ration date is set within 90 days of the
permit change;or
(4)A permittee who has a permit
issued or renewed but has not been
granted authority by the permit to per-
form all activities requested in the ap-
plication,except when the activity re-
quested is one for which there is no
lawful authority to issue a permit.
(b)Method of requesting reconsider-
ation.Any person requesting reconsid-
eration of an action under this part
.ust comply with the following cri-w:ria:
(1)Any request for reconsideration
must be in writing,signed by the per-
son requesting reconsideration or by
the legal representative of that person,
and must be submitted to the issuing
officer.
(2)The request for reconsideration
must be received by the issuing officer
within 45 calendar days of the date of
notification of the decision for which
reconsideration is being requested.
(3)The request for reconsideration
shall state the decision for which re-
consideration is being requested and
shall state the reason(s)for the recon-
sideration,including presenting any
new information or facts pertinent to
the issue(s)raised by the request for
reconsideration.
§13.49
§13.49 Surrender of permit.
Any person holding a permit under
subchapter B shall surrender such per-
mit to the issuing officer upon notifi-
cation that the permit has been sus-
pended or revoked by the Service,and
all appeal procedures have been ex-
hausted.
[54 FR 38150,Sept.14,1989]
§13.50 Acceptance of liability.
Except as otherwise limited in the
case of permits described in §13.25(d),
any person holding a permit under this
•
chapter B assumes all liability and
ponsibility for the conduct of any
tivity conducted under the authority
of such permit:
[64 FR 32711,June 17,1999]
PART 14-IMPORTATION,EXPOR-
TATION,AND TRANSPORTATION
OF WILDUFE
Subpart A-Introduction
Sec.
14.1 Purpose of regulations.
14.2 Scope of regulations.
14.3 Information collection requirements.
14.4 What terIrul do I have to understand?
SUbpart B-Importatk)n and Exportation at
Designated Ports
14.11 General restrictions.
14.12 Designated ports.
~3 Emergency diversion.
4 In-transit shipments.
4.15 Personal baggage and household ef-
fects.
14.16 Border ports.
14.17 Personally owned pet birds.
14.18 Marine mammals.
14.19 Special ports.
14.20 Exceptions by permit.
14.21 Shellfish and fishery products.
14.22 Certain antique articles.
14.23 Live farm-raised fish and farm-raised
fish eggs.
14.24 Scientific specimens.
SUbpart C-Deslgnated Port Exception
Permits
14.31 Permits to import or export wildlife at
nondesignated port for scientific pur-
poses.
14.32 Permits to import or export wildlife at
nondesignated port to minimize deterio-
ration or loss.
so CFR Ch.I (10-1-00 Edmon)
14.33 Permits to import or export wildlife at
nondesignated port to alleviate undue
economic hardship.
Subpart D [Reserved]
Subpart E-Inspection and Clearance of
Wildlife
14.51 Inspection of wildlife.
14.52 Clearance of imported wildlife.
14.53 Detention and refusal of clearance.
14.54 Unavailability of Service officers.
14.55 Exceptions to clearance requiremen1:ll.
SUbpart F-Wlldllfe Declarations
14.61 Import declaration requirements.
14.62 Exceptions to import declaration reo
quirements.
14.63 Export declaration requirements.
14.64 Exceptions to export declaration reo
quirements.
Subpart G [Reserved]
SUbpart H-Marldng of Containers or
Packages
14.81 Marking requirement.
14.82 Alternatives and exceptions to the
marking requirement.
Subpartl-tmport/Export Licenses
14.!H License requirement.
14.92 Exceptions to license requirement.
14.93 Liceml€application procedure,condi·
tions,and dnration.
14.94 What fees apply to me?
SUbpart J-Standards for the Humane and
Healthful Transport of Wild Marnme:a
and Birds to the Untted States
14.10l Purposes.
14.102 Definitions.
14.103 Prohibitions.
14.104 Translations.
14.105 Consignment to carrier.
14.106 Primary enclosures.
14.107 Conveyance.
14.108 Food and water.
14.109 Care in transit.
14.110 Terminal facilities.
14.111 Handling.
14.112 Other applicable provisions.
SPECIFICATIONS FOR NONHUMAN PRIMATES
14.121 Primary enclosures.
14.122 Food and water.
14.123 Care in transit.
SPECIFICATIONS FOR MARINE MAMMALS
(CETACEANS,SIRENIANS.SEA 0TrERS,
PINNIPEDS,AND POLAR BEARS)
14.131 Primary enclosures.
U.S.Fish and WlldUfe serv.,Interior
14.132 Food and water.
14.133 Care in transit.
SPECIFICATIONS FOR ELEPHANTS AND
UNGULATES
14.141 Consignment to carrier.
14.142 Primary enclosures.
SPECIFICATIONS FOR SLOTHS,BATS,AND
FLYING LEMURS (CYNOCEPRALIDAE)
14.151 Primary enclosures.
SPECIFICATIONS FOR OTHER TERRESTRIAL
MAMMALS
14.161 Primary enclosures.
SPECIFICATIONS FOR BIRDS
14.171 Consignment to carrier.
14.172 Primary enclosures.
AUTHORITY:16 U.S.C.668,704,712,1382,
1538(dHf),1540(f),3371..,'l378,4223-4244,and
4!Kl1-4916;18 U.S.C.42;31 U.S.C.9701.
SoURCE:45 FR 56673.Aug.25,1980,unless
otherwise noted.
Subpart A-Introduction
§14.1 Purpose of regulations.
The regulations contained in this
part provide uniform rules and proce-
dures for the importation,exportation.
and transportation of wildlife.
flU Scope of regulations.
-The provisions in this part are in ad-
dition to,and do not supersede other
regulations of this subchapter B which
may require a permit or prescribe addi-
tional restrictions or conditions for the
importation,exportation,and trans-
portation of wildlife.
flU Information collection require-
ments.
The Office of Management and Budg-
et approved the information collection
requirements contained in this part 14
under 44 U.S.C.3507 and assigned OMB
Control Number 1018--0092.The Service
may not conduct or sponsor,and you
are not required to respond,to a collec-
tionof information unless it displays a
currently validOMB control number.
We are collecting this information to
provide information about wildlife im-
ports or exports,including product and
parts,and to facilitate enforcement of
the Endangered Species Act of 1973 as
amended (16 U.S.C.1531 et seq.)and to
carry out the provisions of the conven-
§14.4
tion on International Trade in Endan-
gered Species of Wild Fauna and Flora.
We estimate the public reporting bur-
den for these reporting requirements to
vary from 10 to 15 minutes per re-
sponse.Direct comments regarding the
burden estimate or any other aspect of
these reporting requirements to the
Service Information Collection Control
Officer,M8-222 ARLSQ,U.S.Fish and
Wildlife Service,Washington,DC 20240,
or the Office of Management and Budg-
et,Paperwork Reduction Project (10U~
0092),Washington,DC 20603.
[63 FR 52634,Oct.1,1998]
§14,4 What terms do I have to under-
stand?
In addition to definitions contained
in part 10 of this subchapter,in this
part:
Accompanying personal baggage means
all hand-carried items and all checked
baggage of a person entering into or de-
parting from the United States.
Accredited scientist means any·indi-
vidual associated with,employed by,or
under contract to and accredited by an
accredited scientific institution for the
purpose of conducting biological or
medical research,and whose research
activities are approved and sponsored
by the scientific institution granting
accreditation.
Accredited scientific institutions means
any public museum,public zoological
park,accredited institution of higher
education,accredited member of the
American Zoo and Aquarium Associa-
tion,accredited member of the Amer-
ican Association of Systematic Collec-
tions,or any State or Federal govern-
ment agency that conducts biological
or medical research.
Commercial means related to the of-
fering for sale or resale.purchase,
trade,barter,or the actual or intended
transfer in the pursuit of gain or profit,
of any item of wildlife and includes the
use of any wildlife article as an exhibit
for the purpose of soliciting sales,
without regard to quantity or weight.
There is a presumption that eight or
more similar unused items are for com-
mercial use.The Service or the im-
porter/exporter/owner may rebut this
presumption based upon the particular
facts and circumstances of each case.
~~
~-~
~
III
I
J)
II!
-'g
I'!.!
M~
[f~'wI~
~-
It:
~:.r
(.
l'~'
f:
~
i,
~;r~.
~-.
~-.
~!-:
~,
50 51
§17.21
56D-59 FR 59177:No'-ember 16.1994.
564-59 FR 60568:November 25.1994.
565-59 FR 62352:December 05.1994,
567-59 FR 64623:December 1,5.1994,
57D-60 FR 61:January 3.1995.
572---60 FR 3562:January 18.1995.
,';7,5-60 FH 6684:February 3.1995,
573--60 FR 12486:Jl,farch 7.]995.
,581---61 FR 10697:March 15.]996.
584-61 FH.31058:June 19.1996.
586---61 FR 4]023:August 7.1996.
587---61 FR 43184 :August 21.1996,
589---61 FR 52384:October 7.1996,
59~.--61 FR 53088:October 10.1996.
591-61 FH 531G7:October 10.]996.
592-61 FP-53123:October 10.1996.
593-61 FH 53130:October 10.1996.
413,-61 FR 53137:October 10.1996.
1 FR 53152:October 10.1996,
~'.1 FR 54358:October 18,1996,
599---61 FR 67497:December 23,1996,
600--c2 FR 689:January 6.1997,
601-B2 FR 1647:.January 10.1997.
601-62 FR 1694:January 13.1997.
606---62 FR 4182:.January 29.1997.
609---62 FR 5551:Februar,-6.1997,
611-B2 FH 14351:March 26.1997,
613--62 FR 27978:?>Iay 22.1997.
6l5----B2 FR 31748:June 11.1997.
619---62 FR 33037:June 18.1997.
62o--t12 FR 33373:June ~9.1997.
623--62 FH.40973:July 31.1997,
624-62 FR 42702:_....ugust 8.1997.
625----B2 FR 54807:October 22.1997.
627---62 FR 61925:November 20.]997.
635----B3 FR 19849:April 22.1998,
64G-D3 FR 43115:August 12.1998,
641---63 FR 44594:August 20.1998.
643-63 FH 49034:September H.1998,
644-63 FR 49021:September 14.1998,
647-63 FR 53615:October 6.1998.
648-63 FR 54970:October 13.1998.
tE 3 FH.54956:October 13.1998.
~3 FR 54994:October 13.1998.
3 FR 59244:November 3,1998.
657-64 FR 13120:i\Iarch 17,1999.
661-64 FR 28412:May 26.1999.
662-64 FR 284lJ3:May 26,1999,
663-64 FH 28392:May 2-6.1999,
666-64 FR 48323:September 3.1999.
667-64 FR 56590:October 20.1999,
668-64 FR 56596:October 20.1999,
671-B4 FR 63752:November 22.1999.
672-64 FR 69203:December 10.1999,
673--64 FR 71687:December 22.1999.
678-65 FR 3875:January 25.2000,
679-65 FR 3890:January 25.2000.
681-65 FH.4162:January 26,2000,
683-65 FR 5275:February 3.2000.
684-65 FH 6338:February 9,20GO.
685----B5 FR 7764:Fe bruar:;-16.2000.
689-65 FR 14 887:!\Iarch 20.201lO.
690-65 FH.14909:!lIarch 20.201lO.
691-6,,)FR 14897:March 2D,201lO,
EmTOp.HL NOTE 1:For FEDERAL REGISTER
('ita tions affecting the table in §17 .12Ih).see
t.he li~ting-above.
50 CFR Ch.I (10-1-00 Edition)
EDlTOP.BL NOTE 2:For FEDERAL REGJSTm
citations affecting §17.12.see the List of CFR
Sections Affected ill the Finding Aids sec-
tion of this volume,
Subpart C-Endangered Wildlife
§17.21 Prohibitions.
(a)Except.as provided in subpart.A of
t.his part.or under permits issued pur-
suant t.o §17.22 or §17.23.it is unlawful
for any person subject to the jurisdic-
tion of the United St.at.es to commit.,to
attempt.t.o commit.to solicit anot.her
t.o commit or to cause to be com-
mitted.any of the acts described in
paragraphs (b)through If}of this sec-
tion in regard to any endangered wild-
life.
(b)Import or export.It is unlawful to
import or t.o export.any endangeI'lld
wildli~e.Any shipment in transit
t.hrough the Unit·ed States is an impor-
tation and an exportation.whether or
not it has entered the country for cus-
toms purposes.
(c)Take.(1)It is unlawful to take en-
dangered v;ildlife within the United
States.within the territorial sea of the
United States.or upon the high seas.
The high seas shall be all waters sea-
ward of the territorial sea of the
United States.except waters officially
recognized by the United States as the
territorial sea of another country,
under international law.
(2)Notwithstanding paragraph (c)(l)
of this section.any person may t.ake
endangered wildlife in defense of his
own life or the lives of others.
(3)Not.wit.hstanding paragraph (c)(!)
of this section.any employee or agent
of the Service.any ot.her Federal land
management,agency.the National Ma-
rine Fisheries Service.or a State con-
servation agency,who is designated by
his agency for such purposes,may,
when acting in the course of his official
duties.take endangered wildlife with-
out.a permit.if such action is necessary
to:
(i)Aid a sick.injured or orphaned
specimen:or
(ii)Dispose of a dead specimBn:or
(iii)Salvage a dead specimen which
may be useful for scientific study:or
(i,,)Remove specimens which con-
stitut.e a demonstrable but.nonimme-
diate threat to human safety.provided
u.s.Fish and Wildlife Serv.,Interior
that the taking is done in a humane
manner:the taking may involve kill-
ing or injuring only if it has not been
reasonably possible t.o eliminate such
threat by live-capt.uring and releasing
the specimen unharmed.in a remote
area.
(4)Any taking pursuant t.o para-
graphs (c)(2)and (3)of this section
must.be reported in writing to the U.S.
Fish and 'Wildlife Service.Division of
Law Enforcement.P.O.Box 19183.
Washington.DC 20036.within 5 days.
The specimen may only be retained.
disposed of.or salvaged in accordance
with directions from Service.
(5)NotWithstanding paragraph (c)(1)
of this sect.ion.any qualified employee
or agent of a State Conservation Agen-
cy which is a party to a Cooperative
Agreement.with the Service in accord-
ance with section 6(c)of the Act..who
is designated by his agency for such
purposes,may.when acting in the
course of his official duties t.ake those
endangered species which are covered
by an approved cooperative agreement
for conservation programs in accord-
ance with the Cooperative Agreement.
provided that such taking is not rea-
sonably anticipated to result in:
(il The death or permanent disabling
of the specimen:
(ii)The removal of the specimen
from the State where t.he taking oc-
curred:
(iii)The introduction of the specimen
so taken,or of any progeny derived
from such a specimen.into an area be-
yond the hist.orical range of the spe-
cies:or
(iv)Tne holding of the specimen in
captivity for a period of more than 45
consecutive days.
(d)Possession (ma other acts with un-
lawfully ta.ken wildlife.(i)It is unlawful
to possess.sell.deliver,carry,trans~
port,or ship.by any means whatso-
ever,any endangered wildlife which
was taken in violation of paragraph (e)
of this section.
Example A person captures a whooping
crane in Texas and gives it to a second per-
son,who put"it in a closed van and drives
thirty miles.to another location in Texas.
The second person then gives the whooping
crane to a third person.who is apprehended
with the bird in his possession.All three
have viola ted the law-the first,1):;-illegally
taking the whooping crane:the second b,-
§17.21
transporting an illegally taken whooping
crane:and the thirdb,-posseEsing an ille-
gally taken whooping crane.
(2)Not1,','ithstanding paragraph (d)f1)
of this section.Federal and S tate law
enforcement officers may possess.de-
liver,carry.transport or ship any en-
dangered wildlife taken in violation of
the Act as necessary in performing
their official dut.ies,
(e)Interstate or foreign commerce.It is
unlawful to deliver.receive.carry
transport.or ship in interstate or for-
eign commerce.by any means whatso-
ever,and in the course of a commercial
activity.any endangered wildlife.
(f)Sale or offer for sale,(n It is unlaw-
ful to sell or to offer for sale in int.er-
state or foreign commerce any endan-
gered wildlife.
(2)An advertisement for the sale of
endangered v,ildlife which canies a
warning to the effect that no sale may
be consummated until a permit has
been obt.ained from the U.S.Fish and
\Vildlife Service shall not be considered
an offer for sale within the meaning of
this section,
(g)Captire-bred u:ild life.(l)N otwith-
standing paragraphs (b).(c),Ie)and (f)
of this section.any person may take:
export or re-import:deliver.receive.
cany,transport or ship in interstate or
foreign commerce.in the course of a
commercial activity:or sell or offer for
sale in interstate or foreign commerce
any endangered wildlife that is bred in
captiVity in the United St,ates provided
either that the wildlife is of a taxon
listed in paragraph (g)(6)of t.his sec-
tion.or that the follo,ving conditions
are met:
(i)The wildlife is of a species having
a natural geographic distribution not
including any part of the United
States.or the wildlife is of a species
that the Director has determined to be
eligible in accordance with paragraph
(g)(5)of this section:
(iii The purpose of such activity is to
enhance the propagation or survival of
the affected species:
(iii)Such activity does not involve
interstate or foreign commerce.in the
course of a commercial activity,with
respect to non-living wildlife:
(iv)Each specimen of wildlife to be
re-imported is uniquely identified by a
band.tattoo or other means that was
I
I
1 £>C'
168 169
II§17.22
at reasonable hours as set forth in
§§13.46 and 13.47.
[40 FR 44415,Sept.26,1975.as amended at 40
FR 53400,Nov.18,1975;41 FR 19226,May 11,
1976;44 FR 31580,May 31,1979;44 FR 54(J07.
Sept.17,1979;58 FR 68325,Dec.27,1993:63 FR
48640,Sept.11,1998]
§17.22 Permits for scientific purposes,
enhancement of propagation or sur-
vival,or for incidental taking.
Upon receipt of a complete applica-
tion,the Director may issue a permit
authorizing any activity otherwise pro-
hibited by §17.21,in accordance with
the issuance criteria of this section,for
scientific purposes,for enhancing the
propagation or survival,or for the inci-
dental taking of endangered wildlife.
Such permits may authorize a single
transaction,a series of transactions,or
a number of activities over a specific
period of time.(See §17.32 for permits
for threatened species.)The Director
shall publish notice in the FEDERAL
REGISTER of each application for a per-
mit 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 alter-
native is available to the applicant.
Notice of any such waiver shall be pUb-
lished in the FEDERAL REGISTER within
10 days following issuance of the per-
mit.
(a)(I)Application requirements for per-
mits for scientific purposes or for the en-
hancement of propagation or survival.A
person wishing to get a permit for an
activity prohibited by §17.21 submits
an application for activities under this
paragraph.The Service provides Form
3-200 for the application to which all of
the following must be attained:
(i)The common and scientific names
of the species sought to the covered by
the permit,as well as the number,age,
and sex of such species,and the activ-
ity sought to be authorized (such as
taking,exporting,selling in interstate
commerce);
(il)A statement as to whether,at the
time of application,the wildlife sought
~do so without first registering with the
;Service with respect to the bar-tailed
~pheasant (Syrmaticus humiae),Elliot's
pheasant (S.ellioti),Mikado pheasant
~S.mikado),brown eared pheasant
:{Crossoptilon mantchuricum),white
;ured pheasant (C.erossoptilon),cheer
fpheasant (Catreus wallichii),Edward's
~phea.sant (Lophura edwardsi),Swinhoe's
nmeasant (L.swinhoii),Chinese monal
HLophnphoTUs lhuysii),and Palawan pea-
ek pheasant (Polyplectron emphanum);
PBJ'akeets of the species Neophema
I/Ulchella and N.splendida;the Laysan
iduek (Anas laysanensis);the white-
i'winged wood duck (Cairina scutulata);
"and the inter-subspecific crossed or
",'generic"tiger (Panthera tigris)(i e.,
tJpecOOens not identified or identifiable
(-18 members of the Bengal,Sumatran,
'~lberian or lndocbinese subspecies
{Panthera tigris tigris,P.t.sumatrae,P.t.
ioltaica and P.t.corbetti,respectively)
,~vided:
,(1)The purpose of such activity is to
~enhance the propagation or survival of
~e'affectedexempted species;
~1(ii)Such activity does not involve
Unterstate or foreign commerce,in the
''COurse of a commercial activity,with
,pect to non-living wildlife;
~'(iii)Each specimen to be re-imported
uniquely identified by a band,tattoo
other means that was reported in
ting to an official of the Service at
'&port of export prior to export of the
lIpecimen from the United States;
!(iv)No specimens of the taxa in this
.:aragraph (g)(6)of this section that
,'irere taken from the wild may be 00-
rted for breeding purposes absent a
idefinitive showing that the need for
'ew bloodlines can only be met by wild
t.pecimens,that suitable foreign-bred,
.ptive individuals are unavailable,
.d that wild populations can sustain
.ited taking,and an import permit is
:ued under §17.22;
'(v)Any permanent exports of such
imens meet the requirements of
'&graph (g)(4)of this section;and
(vi)Each person claiming the benefit
the exception in paragraph (g)(l)of
B section must maintain accurate
tten records of activities,including
,hs,deaths and transfers of speci-
ens,and make those records acces-
,bIe to Service agents for inspection
LV,S.Rsh and Wildlife Serv.,Interior
records of activities conducted under~
the registration,and allow reasonable'~
access to Service agents for inspection'
purposes asset forth in §§13.46 and'
13.47.Each person registered must sub-j
mit to the Director an individual wrlt-"
ten annual report of activities,includ-~
ing all births,deaths and transfers of~
any type.'~
(4)Any person subject to the jurisdi~
tion of the United States seeking to 9'
port or conduct foreign commerce
captive-bred endangered wildlife tba'.
will not remain under the care of that'l
person must first obtain approval
providing written evidence to sa
the Director that the proposed reeipl~
ent of the wildlife has expertise,fac:l11~
ties or other resources adequate to en-~
hance the propagation or survival at]
such wildlife and that the proposed
cipient will use such wildlife for p'
poses of enhancing the propagation
survival of the affected species."'f~
(5)(i)The Director will use the fol"~
lowing criteria to determine if wildllfe5
of any species having a natural geo-!'
graphic distribution that includes ant:
part of the United States is eligible for;
the provisions of this paragraph:r~
(A)Whether there is a low dema,nd;
for taking of the species from wild popi
ulations,either because of the suceeBI,
of captive breeding or because of otbe,.
reasons.and .:it'"
(B)Whether the wild populations'01,-
the species are effectively protected'
from unauthorized taking as a result
the inaccessibility of their habitat
humans or as a result of the effectiv~;
ness of law enforcement.'~'
(ii)The Director will follow the
cedures set forth in the Act and in tht'
regulations thereunder with respect to
petitions and notification of the pub
and governors of affected States wheDl
determining the eligibility of spee~"
for purposes of this paragraph._'.
(iii)In accordance with the Critei
in paragraph (g)(5)(i)of this sect!-
the Director has determined the fo
lowing species to be eligible for
provisions of this paragraph:
Laysan duck (Anas laysanensis).
(6)Any person subject to the jurisd111~.
tion of the United States seeking to '.
gage in any of the activities autho
by paragraph (g)(I)of this section
§11.21
reported in writing to an official of the
Service at a port of export prior to ex-
port from the United States;and
(v)Any person subject to the juris-
diction of the United States who en-
gages in any of the activities author-
ized by this paragraph does so in ac-
cordance with paragraphs (g)(2),(3)
and (4)of this section,and with all
other applicable regulations in this
Subchapter B.
(2)Any person subject to the jurisdic-
tion of the United States seeking to en-
gage in any of the activities authorized
by this paragraph must first register
•
the Service (Office of Manage-
t Authority,U.S.Fish and Wildlife
ervice,4401 N.Fairfax Drive,Arling-
ton,Virginia 22203).Requests for reg-
istration must be submitted on an offi-
cial application form (Form 3-200-41)
provided by the Service,and must in-
clude the following information:
(i)The types of wildlife sought to be
covered by the registration,identified
by common and scientific name to the
taxonomic level of family,genus or
species;
(ii)A description of the applicant's
experience in maintaining and propa-
gating the types of wildlife sought to
be covered by the registration,and
when appropriate,in conducting re-
search directly related to maintaining
and propagating such wildlife;
(iii)Photograph(s)or other evidence
clearly depicting the facilities where
•
wildlife will be maintained;and
) a copy of the applicant's license
o registration,if any,under the ani-
mal welfare regulations of the U.S.De-
partment of Agriculture (9 eFR part 2).
(3)Upon receiving a complete appli-
cation,the Director will decide wheth-
er or not the registration will be ap-
proved.In making this decision,the
Director will consider,in addition to
the general criteria in §13.21(b)of this
subchapter,whether the expertise,fa-
cilities or other resources available to
the applicant appear adequate to en-
hance the propagation or survival of
the affected wildlife.Public education
activities may not be the sole basis to
justify issuance of a registration or to
otherwise establish eligibility for the
exception granted in paragraph (g)(1)of
this section.Each person so registered
must maintain accurate written
170 171
§17.22
to be covered by the permit (A)is still
in the wild,(B)has already been re-
moved from the wild,or (e)was born in
captivity;
(iii)A resume of the applicant's at-
tempts to obtain the wildlife sought to
be covered by the permit in a manner
which would not cause the death or re-
moval from the wild of such wildlife;
(iv)If the wildlife sought to be cov-
ered by the permit has already been re-
moved from the wild,the country and
place where such removal occurred;if
the wildlife sought to be covered by the
permit was born in captivity,the coun-
~ry and place where such wildlife was
~orn;
(v)A complete description and ad-
dress of the institution or other facil-
ity where the wildlife sought to be cov-
ered by the permit will be used,dis-
played,or maintained;
(vi)If the applicant seeks to have
live wildlife covered by the permit,a
complete description,including photo-
graphs or diagrams,of the facilities to
house and/or care for the wildlife and a
resume of the experience of those per-
son who will be caring for the wildlife;
(vii)A full statement of the reasons
why the applicant is justified in ob-
taining a permit including the details
of the activities sought to be author-
ized by the permit;
(viii)If the application is for the pur-
pose of enhancement of propagation,a
statement of the applicant's willing-
"'ness to participate in a cooperative
.breeding program and to maintain or
contribute data to a studbook;
(2)Issuance criteria.Upon receiving
an application completed in accordance
with paragraph (a)(I)of this section,
the Director will decide whether or not
a permit should be issued.In making
this decision,the Director shall con-
sider,in addition to the general cri-
teria in §13.2l(b)of this subchapter,the
following factors:
(1)Whether the purpose for which the
permit is required is adequate to jus-
tify removing from the wild or other-
wise changing the status of the wildlife
sought to be covered by the permit;
(ii)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;
(iii)Whether the permit,if issued,;
would in any way,directly or indI·'"
rectly,conflict with any known p~;
gram intended to enhance the survival)
probabilities of the population from
which the Wildlife sought to be covered.i
by the permit was or would be rtl
moved;'.'1'
(iv)Whether the purpose for whil
the permit is required would be like1f,
to reduce the threat of extinction
ing the species of wildlife sought to
covered by the permit;
(v)The opinions or views of scien
or other persons or organizations ba'.;
ing expertise concerning the wildlife
other matters germane to the appU
tion;and
(vi)Whether the expertise,faciUtl
or other resources available to the
plicant appear adequate to success:
accomplish the objectives stated in
application.
(3)Permit conditioJUl.In addition'
the general conditions set forth in
13 of this subchapter,every pe
issued under this paragraph shall
subject to the special condition
the escape of living wildlife covered',
the permit shall be immediately
ported to the Service office desi
in the permit.'I
(4)Duration oj permits.The duratlJ.
of permits issued under this paragt
shall be designated on the face of~_
permit.
(b){I)Application TequiTements jor
mits JOT incidental taking.A person
ing to get a permit for an activity
hibited by §17.21(c)submits an app,
tion for activities under this
graph.The Service provides Form
for the application to which all of,_
following must be attached:;~
(i)A complete description of tha
tivity sought to be authorized;
(il)The common and scientific
of the species sought to be cove
the permtt,as well as the number.i
and sex of such species,if known;.'.~
(iii)A conservation plan that
fies:
(A)The impact that will likely
from such taking;
(B)What steps the applicanti
take to monitor,minimize,and
gate such impacts,the funding\
will be available to implement
~u.s.Ash and Wildlife Serv.,Interior
,lOOps,and the procedures to be used to
1dea.I with unforeseen circumstances;
~(0)What alternative actions to such
g the applicant considered and
,e reasons why such alternatives are
It proposed to be utilized;and
!!t{D)Such other measures that the Di-
.tor may require as being necessary
appropriate for purposes of the plan;
(2)Issuance eriteTia.(i)Upon receiving
application completed in accordance
th paragraph (b)(1)of this section,
.e Director will decide whether or not
permit should be issued.The Director
I consider the general issuance cri-
a in §13.21(b)of this subchapter,ex-
,pt for §13.21(b)(4),and shall issue the
ll'IIlit if he or she finds that:
!'(A)The taking will be incidental;
l't(B)The applicant will,to the max-
,urn extent practicable,minimize and
tigate the impacts of such takings;
(e)The applicant will ensure that
.equate funding for the conservatioB.
and procedures to deal with un-
seen circumstances will be pro-
,ed;
)The taking will not appreciably
,uce the likelihood of the survival
recovery of the species in the wild;
)The measures,if any,required
,er paragraph (b)(I)(iii)(D)of this
tion will be met;and
)He or she has received such other
ances as he or she may require
t the plan will be implemented.
)In making his or her decision,the
tor shall also consider the antici-
duration and geographic scope of
applicant's planned activities,in-
g the amount of listed species
oftat that is involved and the degree
'<which listed species and their habi-
are affected.
,)Permit conditions.In addition to
general conditions set forth in part
.i.of this subchapter,every permit
-,ed under this paragraph shall con-
such terms and conditions as the
ctor deems necessary or appro-
,te to carry out the purposes·of the
t and the conservation plan In-
,but not limited to,monitoring
reporting requ.irements deemed
for determining whether
terms and conditions are being
.plied with.The Director shall rely
existing reporting requirements
maximum extent practicable.
§17.22
(4)Duration oj permits.The duration
of permits issued under this paragraph
shall be sufficient to provide adequate
assurances to the permittee to commit
funding necessary for the activities au-
thorized by the permit,including con-
servation activities and land use re-
strictions.In determining the duration
of a permit,the Director shall consider
the duration of the planned activities,
as well as the possible positive and neg-
ative effects associated with permits of
the proposed duration on listed species,
including the extent to which the con-
servation plan will enhance the habitat
of listed species and increase the long-
term survivability of such species.
(5)Assuranc/?$pTovided to permittee in
case oj changed aT unfoTeseen ciT-
cumstanC/?$.The assurances in this
paragraph (b)(5)apply only to inci-
dental take permits issued in accord-
ance with paragraph (b)(2)of this sec-
tion where the conservation plan is
being properly implemented,and apply
only with respect to species adequately
covered by the conservation plan.
These assurances cannot be provided to
Federal agencies.This rule does not
apply to incidental take permits issued
prior to March 25,1998.The assurances
provided in incidental take permits
issued prior to March 25,1998 remain in
effect,and those permits will not be re-
vised as a result of this rulemaking.
(i)Changed ciTcumstances pro'vided JOT
in the plan.If additional conservation
and mitigation measures are deemed
necessary to respond to changed cir-
cumstances and were provided for in
the plan's operating conservation pro-
gram,the permittee will implement
the measures specified in the plan.
(Ii)Changed ciTCUmstanC/?$not pTovided
faT in the plan.If additional conserva-
tion and mitigation measures are
deemed necessary to respond to
changed circumstances and such meas-
ures were not provided for in the plan's
operating conservation program,the
Director will not require any conserva-
tion and mitigation measures in addi-
tion to those provided for in the plan
without the consent of the permittee,
provided the plan is being properly im-
plemented.
(iii)UnfoT/?$een ciTcumstanc/?$.(A)In
negotiating unforeseen circumstances,
I
1"1<)
173
§17.22
the Director will not require the com-
mitment of additional land,water,or
financial compensation or additional
restrictions on the use of land,water,
or other natural resources beyond the
level otherwise agreed upon for the spe-
cies covered by the conservation plan
without the consent of the pennittee.
(B)If additional conservation and
mitigation measures are deemed nec-
essary to respond to unforeseen cir-
cumstances,the Director may require
additional measures of the permittee
where the conservation plan is being
•
operlY implemented,but only if such
easures are limited to modifications
.'thin conserved habitat areas,if any,
or to the conservation plan's operating
conservation program for the affected
species,and maintain the original
terms of the conservation plan to the
maximum extent possible.Additional
conservation and mitigation measures
will not involve the commitment of ad-
ditional land,water or financial com-
pensation or additional restrictions on
the use of land,water,or other natural
resources otherwise available for devel-
opment or use under the original terms
of the conservation plan without the
consent of the permittee.
(e)The Director will have the burden
of demonstrating that unforeseen cir-
cumstances exist.using the best sci-
entific and commercial data available.
These findings must be clearly docu-
~ented and based upon reliable tech-
..lical information regarding the status
and habitat requirements of the af-
fected species.The Director will con-
sider,but not be limited to,the fol-
lowing factors:
(1)Size of the current range of the af-
fected species;
(2)Percentage of range adversely af-
fected by the conservation plan;
(3)Percentage of range conserved by
the conservation plan;
(4)Ecological significance of that
portion of the range affected by the
conservation plan;
(5)Level of knowledge about the af-
fected species and the degree of speci-
ficity of the species'conservation pro-
gram under the conservation plan;and
(6)Whether failure to adopt addi-
tional conservation measures would ap-
preciably reduce the likelihood of sur-
50 CFR Ch.I (10-1-00 Edition)
vival and recovery of the affected spe-
cies in the wild.
(6)Nothing in this rule will be con-
strued to limit or constrain the Direc-
tor,any Federal,State,local,or Tribal
government agency,or a private enti-
ty,from taking additional actions at
its own expense to protect or conserve
a species included in a conservation
plan.
(7)Discontinuance of permit activity.
Notwithstanding the provisions of
§13.26 of this subchapter.a permittee
under this paragraph (b)remains re-
sponsible for any outstanding mini-
mization and mitigation measures re-
quired under the terms of the permit'
for take that occurs prior to surrender'
of the permit and such minimization
and mitigation measures as may be re-
quired pursuant to the termination
provisions of an implementing agree-
ment,habitat conservation plan,or
permit even after surrendering the per-
mit to the Service pursuant to §13.26 of
this subchapter.The permit shall be
deemed canceled only upon a deter-
mination by the Service that such.
minimization and mitigation measures ...
have been implemented.Upon sur-~·
render of the permit.no further takei
shall be authorized under the terms ofj
the surrendered permit.>~1'~(8)Criteria for Revocation.A pennit f
issued under this paragraph (b)may~
not be revoked for any reason except ..~
those set forth in §13.28{a)(1)throughJ
(4)of this subchapter or unless con-f
tinuation of the permitted activitri
would be inconsistent with the crt-"
terion set forth in 16 U.S.C.
1539(a)(2)(B)(iv)and the inconsistency;
has not been remedied in a timely fasho~
~n..~
(c)(1)Application requirements for per-j
mits for the enhancement of survival;
through Safe Harbor Agreements.The a:.
plicant must submit an application fl
a permit under this paragraph (c)
the appropriate Regional Director,U.s.:
Fish and Wildlife Service,for the
gion where the applicant resides
where the proposed activity is to occur;,
(for appropriate addresses,see 50 Cn:
10.22),if the applicant wishes to engage
in any activity prohibited by §17.2t
The applicant must submit an official'
Service application form (3-200.54)
includes the following information:
u.s.Fish and Wildlife serv .•Interior
(1)The common and scientific names
of the listed species for which the ap-
plicant requests incidental take au-
thorization;
(it)A description of the land use or
water management activity for which
the applicant requests incidental take
authorization;and
(iii)A Safe Harbor Agreement that
complies with the requirements of the
Safe Harbor policy available from the
Service.
(2)Issuance criteria.Upon receiving
an application completed in accordance
with paragraph (c)(1)of this section,
the Director will decide whether or not
to issue a permit.The Director shall
consider the general issuance criteria
in §13.21(b)of this subchapter,except
for §13.21(b)(4).and may issue the per-
mit if he or she finds:
(i)The take will be incidental to an
otherwise lawful activity and will be in
accordance with the terms of the Safe
Harbor Agreement;
(ii)The implementation of the terms
of the Safe Harbor Agreement will pro-
vide a net conservation benefit to the
affected listed species by contributing
to the recovery of listed species in-
cluded in the permit and the Safe Har-
bor Agreement otherwise complies
'with the Safe Harbor policy available
from the Service;
(iti)The probable direct and indirect
effects of any authorized take will not
appreciably reduce the likelihood of
survival and recovery in the wild of
any listed species;
(iv)Implementation of the terms of
the Safe Harbor Agreement is con-
sistent with applicable Federal,State,
and Tribal laws and regulations;
(v)Implementation of the terms of
""the Safe Harbor Agreement will not be
'~:in conflict with any ongoing conserva-
;tion or recovery programs for listed
;j8pecies covered by the permit;and
!:'(vi)The applicant has shown capa-
~b1lity for and commitment to imple-
ij~menting all of the terms of the Safe
"lIarbor Agreement.
t3'(3)Permit conditions.In addition to:any applicable general permit condi-
~tions set forth in part 13 of this sub-
;chapter,every permit issued under this
iparagraph (c)is subject to the fol-
~lowing special conditions:
§17.22
(i)A requirement for the partici-
pating property owner to notify the
Service of any transfer of lands subject
to a Safe Harbor Agreement;
(it)A requirement for the property
owner to notify the Service at least 30
days in advance,but preferably as far
in advance as possible,of when he or
she expects to incidentally take any
listed species covered under the per-
mit.Such notification will provide the
Service with an opportunity to
translocate affected individuals of the
species,if possible and appropriate;and
(iti)Any additional requirements or
conditions the Director deems nec-
essary or appropriate to carry out the
purposes of the permit and the Safe
Harbor Agreement.
(4)Permit effective date.Permits
issued under this paragraph (c)become
effective the day of issuance for species
covered by the Safe Harbor Agreement.
(5)Assurances provided to permittee.(i)
The assurances in paragraph (c)(5)(ti)
of this section (c)(5)apply only to Safe
Harbor permits issued in accordance
with paragraph (c)(2)of this section
where the Safe Harbor Agreement is
being properly implemented,and apply
only with respect to species covered by
the Agreement and permit.These as-
surances cannot be provided to Federal
agencies.The assurances provided in
this section apply only to Safe Harbor
permits issued after July 19,1999.
(ti)If additional conservation and
mitigation measures are deemed nec-
essary,the Director may require addi-
tional measures of the permittee.but
only if such measures are limited to
modifications within conserved habitat
areas,if any.for the affected species
and maintain the original terms of the
Safe Harbor Agreement to the max-
imum extent possible.Additional con-
servation and mitigation measures will
not involve the commitment of addi-
tional land,water or financial com-
pensation or additional restrictions on
the use of land,water,or other natural
resources otherwise available for devel-
opment or use under the original terms
of the Safe Harbor Agreement without
the consent of the permittee.
(6)Additional actions.Nothing in this
rule will be construed to limit or con-
strain the Director.any Federal,State.
local or Tribal government agency,or
§11.22 50 CFR Ch.I (10-1-00 Edition)U.S.Rsh and Wildlife serv.,Interior §11.22
174
mitment of additional land,water,or
financial compensation or additional
restrictions on the use of land,water,
or other natural resources beyond the
level otherwise.agreed upon for the spe-
cies covered by the Agreement without
the consent of the permittee.
(B)If additional conservation and
mitigation measures are deemed nec-
essary to respond to unforeseen cir-
cumstances,the Director may require
additional measures of the permittee
where the Agreement is being properly
implemented,but only if such meas-
ures are limited to modifications with-
in conserved habitat areas,if any,or to
the Agreement's operating conserva-
tion program for the affected species,
and maintain the original terms of the
Agreement to the maximum extent
possible.Additional conservation and
mitigation measures will not involve
the commitment of additional land,
water or financial compensation or ad-
ditional restrictions on the use of land,
water.or other natural resources oth-
erwise available for development or use
under the original terms of the Agree-
ment without the consent -of the per-
mittee.
(C)The Director will have the burden
of demonstrating that unforeseen cir-
cumstances exist,using the best sci-
entific and commercial data available.
These findings must be clearly docu-
mented and based upon reliable tech-
nical information regarding the status
and habitat requirements of the af-
fected species.The Director will con-
sider,but not be limited to,the fol-
lowing factors:
(1)Size of the current range of the af-
fected species;
(2)Percentage of range adversely af-
fected by the Agreement;
(3)Percentage of range conserved by
the Agreement;
(4)Ecological significance of that
portion of the range affected by the
Agreement;
(5)Level of knowledge about the af-
fected species and the degree of speci-
ficity of the species'conservation pro-
gram under the Agreement;and
(6)Whether failure to adopt addi-
tional conservation measures would ap-
preciably reduce the likelihood of sur-
vival and recovery of the affected spe-
cies in the wild.
'175
(il)A requirement for the property
owner to notify the Service at least 30
days in advance,but preferably as far
in advance as possible,of when he or
she expects to incidentally take any
species covered under the permit.Such
notification will provide the Service
with an opportunity to translocate af-
fected individuals of the species,if pos-
sible and appropriate;and
(iii)Any additional requirements or
conditions the Director deems nec-
essary or appropriate to carry out the
purposes of the permit and the Can-
didate Conservation Agreement.
(4)Permit effective date.Permits
issued under this paragraph (d)become
effective for a species covered by a
Candidate Conservation Agreement on
the effective date of a final rule that
lists a covered species as endangered.
(5)Assurances provided to permittee in
~<case of changed or unforeseen cir-
Ecumstances.The assurances in this
}paragraph (d)(5)apply only to permits
~issued in accordance with paragraph
~~.(d)(2)where the Candidate Conserva-
;,tion with Assurances Agreement is
fbeing properly implemented,and apply
",only with respect to species adequately
r,:covered by the Candidate Conservation
iJW1th Assurances Agreement.These as-
'ances cannot be provided to Federal
encies.
T'(1)Changed circumstances provided for
Hn the Agreement.If additional con-
,rvation and mitigation measures are
.eemed necessary to respond to
hanged circumstances and were pro-
~rtded for in the Agreement's operating
nservation program,the permittee
implement the measures specified
the Agreement.
'''(ii)Changed circumstances not prOVided
in the Agreement.If additional con-
,rvation and mitigation measures are
,eemed necessary to respond to
ed circumstances and such meas-
s were not provided for in the
ement's operating conservation
gram,the Director will not require
,y conservation and mitigation meas-
s in addition to those provided for
the Agreement without the consent
the permittee,provided the Agree-
,nt is being properly implemented.
(iii)Unforeseen circumstances.(A)In
otiating unforeseen circumstances,
Director will not require the com-
(i)The common and scientific names
of the species for which the applicant
requests incidental take authorization;
(ii)A description of the land use or
water management activity for which
the applicant requests incidental take
authorization;and
(iii)A Candidate Conservation Agree-
ment that complies with the require-
ments of the Candidate Conservation
Agreement with Assurances policY
available from the Service.
(2)Issuance criteria.Upon receiving
an application completed in accordance
with paragraph (d)(l)of this section,
the Director will decide whether or not
to issue a permit.The Director shall
consider the general issuance criteria
in §13.2l(b)of this subchapter,except
for §13.21(b)(4),and may issue the per-
mit if he or she finds:
(1)The take will be incidental to an
otherwise lawful activity and will be in
accordance with the terms of the Can-
didate Conservation Agreement;
(li)The Candidate Conservation.l$
Agreement complies with the require-T
ments of the Candidate Conservatlonj
Agreement with Assurances pol1cy,J
available from the Service;,
(iii)The probable direct and indirect).
effects of any authorized take win noti
appreciably reduce the likelihood ofl
survival and recovery in the wild-aLl
any species;-ijj
(iv)Implementation of the terms of~
the Candidate Conservation Agreement~
is consistent with applicable Federa4i
State,and Tribal laws and regulations;~1
(v)Implementation of the terms orr
the Candidate Conservation Agreement~
will not be in conflict with any ongol.nJM
conservation programs for species cov"'i
ered by the permit;and f
(vi)The applicant has shown capao;
bility for and commitment to imple;
menting all of the terms of the ~
didate Conservation Agreement.,;$
(3)PeT11!it conditions.In addition't4
any applIcable general permit condi-
tions set forth in part 13 of this subo~
chapter,every permit issued under .
paragraph (d)is subject to the
lowing special conditions:
(i)A requirement for the pro
owner to notify the Service of
transfer of lands subject to a Candi
Conservation Agreement;
a private entity,from taking addi-
tional actions at its own expense to
protect or conserve a species included
in a Safe Harbor Agreement.
(7)Criteria for revocation.A permit
issued under this paragraph (c)may
not be revoked for any reason except
those set forth in §13.28(a)(1)through
(4)of this subchapter or unless con-
tinuation of the permitted activity
would be inconsistent with the cri-
terion set forth in §17.22(c)(2)(iii)and
the inconsistency has not been rem-
edied in a timely fashion.
...(8)Duration of permits.The duration
W'f permits issued under this paragraph
(c)must be sufficient to provide a net
conservation benefit to species covered
in the enhancement of survival permit.
In determining the duration of a per-
mit,the Director will consider the du-
ration of the planned activities,as well
as the positive and negative effects as-
sociated with permits of the proposed
duration on covered species,including
the extent to which the conservation
activities included in the Safe Harbor
Agreement will enhance the survival
and contribute to the recovery of listed
species included in the permit.
(d)(1)Application requirements for per-
mits for the enhancement of survival
through Candidate Conservation Agree-
ments with Assurances.The applicant
must submit an application for a per-
....mit under this paragraph (d)to the ap-
...proPriate Regional Director,U.S.Fish
and Wildlife Service,for the Region
where the applicant resides or where
the proposed activity is to occur (for
appropriate addresses,see 50 CFR
10.22).When a species covered by a Can-
didate Conservation Agreement with
Assurances is listed as endangered and
the applicant wishes to engage in ac-
tivities identified in the Agreement
and otherwise prohibited by §17.31,the
applicant must apply for an enhance-
ment of survival permit for species
covered by the Agreement.The permit
will become valid if and when covered
proposed,candidate or other unlisted
species is listed as an endangered spe-
cies.The applicant must submit an of-
ficial Service application form (3-
200.54)that includes the following in-
formation:
176 177
§17.23
(6)Additional actions.Nothing in this
rule will be construed to limit or con-
strain the Director,any Federal,State,
local or Tribal government agency,or
a private entity,from taking addi-
tional actions at its own expense to
protect or conserve a species included
in a Candidate Conservation with As-
surances Agreement.
(7)Criteria for revocation.A permit
issued under this paragraph (d)may
not be revoked for any reason except
those set forth in §13.28(a)(1)through
(4)of this subchapter or unless con-
tinuation of the permitted activity
_would be inconsistent with the cri-
Wterion set forth in paragraph (d)(2)(iii)
of this section and the inconsistency
has not been remedied in a timely fash-
ion.
(8)Duration of the Candidate Conserva-
tion Agreement.The duration of a Can-
didate Conservation Agreement cov-
ered by a permit issued under this
paragraph (d)must be sufficient to en-
able the Director to determine that the
benefits of the conservation measures
in the Agreement,when combined with
those benefits that would be achieved if
it is assumed that the conservation
measures would also be implemented
on other necessary properties,would
preclude or remove any need to list the
species covered by the Agreement.
(e)Objection to permit issuance.(1)In
regard to any notice of a permit appli-
cation published in the FEDERAL REG-
A.ISTER,any interested party that ob-
..jects to the issuance of a permit,in
whole or in part,may,during the com-
ment period specified in the notice,re-
quest notification of the final action to
be taken on the application.A separate
written request shall be made for each
permit application.Such a request
shall specify the Service's permit ap-
plication number and state the reasons
why that party believes the applicant
does not meet the issuance criteria
contained in §§13.21 and 17.22 of this
subchapter or other reasons why the
permit should not be issued.
(2)If the Service decides to issue a
permit contrary to objections received
pursuant to paragraph (c){l)of this sec-
tion,then the Service shall,at least
ten days prior to issuance of the per-
mit,make reasonable efforts to con-
tact by telephone or other expedient
means,any party who has made a re-;
quest pursuant to paragraph (c)(I)on
this section and inform that party or~
the issuance of the permit.However,~
the Service may reduce the time period:
or dispense with such notice if it detel'>I
mines that time is of the essence andI
that delay in issuance of the permit!
would:(i)Harm the specimen or pop~;
lation involved;or (ii)unduly hinder!
the actions authorized under·the
mit.
(3)The Service will notify any parI;f,
filing an objection and request for no;{
tice under paragraph (c)(1)of this see.'
tion of the final action taken on thej
application,in writing.If the Service;
has reduced or dispensed with the n&ol
tice period referred to in paragraph!
(c){2)of this section,it will include ita)
reasons therefore in such written nq;;
ti~..
[50 FR 39687.Sept.30,1985,as amended at eat
FR 8871,Feb.23.1998:63 FR 52635,Oct.1,1998;j
64 FR 32711,June 17.1999:64 FR 52676,SePli:'
30,1999)~.
§17.23 Economic hardship permits,
Upon receipt of a complete appliw
tion,the Director may issue a perm1'~
authorizing any activity otherwise pl'O-j
hibited by §17.21,in accordance wi\h\
the issuance criteria of this section
order to prevent undue economic
ship.The Director shall publish noti-
in the FEDERAL REGISTER of each appU4
cation for a permit that is made under!
this section.Each notice shall invita;
the submission from interested partie..:
within 30 days after the date of the no-i
tice,of written data,views,or ~.
ments with respect to the application.;
The 3O-day period may be waived br'
the Director in an emergency situatio
where the life or health of an end
gered animal is threatened and no re..,
sonable alternative is available to tbI
applicant.Notice of any such wat
shall be published in the FEDERAL R
rSTER within 10 days following iss
of the permit.
(a)Application requirements.Appli
tions for permits under this secti
must be submitted to the Director
the person allegedly suffering und'
economic hardship because his de
activity is prohibited by §17.2L E
application must be submitted on
official application form (Form
rAJ.S.Ash and Wildlife serv.,Interior
~jlrovided by the Service,and must in-
}elude,as an attachment,all of the in-
~fonnation required in §17.22 plus the
';:following additional information:
~(l)The possible legal,economic or
JUbsistence alternatives to the activity
ught to be authorized by the permit;
(2)A full statement,accompanied by
pies of all relevant contracts and
rrespondence,showing the appli-
,t's involvement -with the wildlife
ught to be covered by the permit (as
'ell as his involvement with similar
dlife),including,where applicable,
t portion of applicant's income de-
ved from the taking of such wildlife,
the subsistence use of such wildlife,
,uring the calendar year immediately
ceding either the notice in the FED-
,L REGISTER of review of the status
'»f the species or of the proposal to list
,,ch wildlife as endangered,whichever
earliest;
(3)Where applicable,proof of a con-
t or other binding legal obligation
'hich:
(i)Deals specifically with the wildlife
,ught to be covered by the permit:
(il)Became binding prior to the date
'hen the notice of a review of the sta-
of the species or the notice of pro-
iJlO8ed rulemaking proposing to list
tauch wildlife as endangered was pub-
shed in the FEDERAL REGISTER,
'hichever is earlier;and
~.:(iii)Will cause monetary loss of a
ven dollar amount if the permit
o ,ught under this section is not grant-
'(b)Issuance criteria.Upon receiving
application completed in accordance
th paragraph (a)of this section,the
ctor will decide whether or not a
rmit should be issued under any of
e three categories of economic hard-
c'lp,as defined in section 10(b)(2)of
e Act,In making his decisions,the
ector shall consider,in addition to
,e general criteria in §13 .21(b)of this
bchapter,the following factors:
,2'(1)Whether the purpose for which the
it is being requested is adequate
justify removing from the wild or
erwise changing the status of the
.d.life sought to be covered by the
it;
(2)The probable direct and indirect
'ect which issuing the permit would
,ve on the wild populations of the
§17.23
wildlife sought to be covered by the
permit;
(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 con-
tract or other binding legal obligation
which;
(i)Deals specifically with the wildlife
sought to be covered by the permit;
and
(it)Became binding prior to the date
when the notice of a'review of the sta-
tus of the species or the notice of pro-
posed rulemaking proposing to list
such wildlife as endangered was pub-
lished in the FEDERAL REGISTER,
whichever is earlier.
(5)The severity of economic hardship
which the contract or other binding
legal obligation referred to in para-
graph (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 bal-
ance 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 activ-
ity within one year from the date a no-
tice is published in the FEDERA~REG-
ISTER 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 sub-
ject to the following special conditions:
(1)In addition to any reporting re-
quirements 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
17H 170
§17.31
under this section,however,shall be
valid for more than one year from the
date a notice is published in the FED-
ERAL REGISTER to review status of such
wildlife,or to list such wildlife as en-
dangered,whichever is earlier.
140 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]
Subpart D-Threatened Wildlne
U7.31 Prohibitions,
(a)Except as provided in subpart A of
_this part,or in a permit issued under
..this subpart,all of the provisions in
§17.21 shall apply to threatened wild-
life,except §17 .21(c )(5).
(b)In addition to any other provi-
sions of this part 17,any employee or
agent of the Service,of the National
Marine Fisheries Service,or of a State
conservation agency which is operating
a conservation program pursuant to
the terms of a Cooperative Agreement
with the Service in accordance with
section 6(c)of the Act,who is des-
ignated by his agency for such pur-
poses,may,when acting in the course
of his official duties,take those threat-
ened species of wildlife which are cov-
ered by an approved cooperative agree-
ment to carry out conservation pro-
grams.
(c)Whenever a special rule in §§17.40
to 17.48 applies to a threatened species,
..none of the provisions of paragraphs (a)
..and (b)of this section will apply.The
special rule will contain all the appli-
cable prohibitions and exceptions.
[43 FR 18181,Apr.28,1978,as amended at 44
FR 31580,May 31,1979]
§17.32 Permitll-general.
Upon receipt of a complete applica-
tion the Director may issue a permit
for any activity otherwise prohibited
with regard to threatened wildlife.
Such permit shall be governed by the
provisions of this section unless a spe-
cial rule applicable to the wildlife,ap-
pearing in §§17.40 to 17.48,of this part
provides otherwise.Permits issued
under thi8 section must be for one of
the following purposes:Scientific pur-
poses,or the enhancement of propaga-
tion or survival,or economic hardship,
or zoological exhibition,or educational
50 CFR Ch.I (10-1-00 Edition)
purposes,or incidental taking,or spe-
cial purposes consistent with the pur-
poses of the Act.Such permits mayan-
thorize a single transaction,a series of
transactions,or a number of activities.
over a specific period of time.
(a)(l)Application requirements for per-
mits for scientific purposes,OT the en-
hancement of propagation or survival,or
economic hardship,or zoological exhi-
bition,or educational purposes,or special
purposes consistent with the purposes of
the Act.A person wishing to get a per-
mit for an activity prohibited by §l7.31
submits an application for activities
under this paragraph.The Service pro-
vides Form 3-200 for the application to
which as much of the following infor-
mation relating to the purpose of the
permit must be attached:
(i)The Common and scientific names
of the species sought to be covered by
the permit,as well as the number,age,
and sex of such species,and the activ-
ity sought to be authorized (such as
taking,exporting,selling in interstate
commerce);
(ii)A statement as to whether,at the
time of application,the wildlife sought
to be covered by the permit (A)is still
in the wild,(B)has already been re-
moved from the wild,or (C)was born In
captivity;
(iii)A resume of the applicant's at-
tempts to obtain the wildlife sought to
be covered by the permit in a manner
which would not cause the death or re-
moval from the wild of such wildlife;
(iv)If the wildlife sought to be cov-l
ered by the permit has already been re-f
moved from the wild,the country and:
place where such removal occurred;l!~
the wildlife sought to be covered byl
permit was born in captivity,the coun-'
try and place where such wildlife wlclt'
born;
(v)A complete description and ad-;
dress of the institution or other facile{
ity where the wildlife sought to be COy,,;
ered by the permit will be used,di&4
played,or maintained;~'
(vi)If the applicant seeks to have,
live wildlife covered by the permit,i!
complete description,including pho~
graphs or diagrams,of the facilities to
house and/or care for the wildlife and a
resume of the experience of those per-I
sons who will be caring for the wildlife;'
U.S.Fish and Wildlife serv.,Interior
(vii)A full statement of the reasons
why the applicant is justified in ob-
,taining a permit including the details
i of the activities sought to be author-
ized by the permit;
(viii)If the application is for the pur-
pose of enhancement of propagation,a
statement of the applicant's willing-
ness to participate in a cooperative
breeding program and to maintain or
contribute data to a studbook;
(2)Issuance criteria.Upon receiving
an application completed in accordance
with paragraph (a)(l)of this section,
the Director will decide whether or not
II.permit should be issued.In making
this decision,the Director shall con-
sider,in addition to the general cri-
teria in §13.21(b)of this subchapter,the
following factors:
(i)Whether the purpose for which the
permit is required is adequate to jus-
,tify removing from the wild or other-
wise changing the status of the wildlife
BOught to be covered by the permit;
(ii)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;
(iii)Whether the permit,if issued,
would in any way,directly or indi-
rectly,conflict with any known pro-
gram intended to enhance the survival
probabilities of the population from
which the wildlife sought to be covered
by the permit was or would be re-
"moved;
(iv)Whether the purpose for which
the permit is required would be likely
c to reduce the threat of extinction fac-
ting the species of wildlife sought to be
';covered by the permit;
~-(v)The opinions or views of scientists
lor other persons or organizations hav-
;ing expertise concerning the wildlife or
other matters germane to the applica-
tion;and
~'(vi)Whether the expertise,facilities,
~or other resources available to the ap-
tplica.nt appear adequate to successfully
sccomplish the objectives stated in the
,'&llplication..
~"(3)Permit conditions.In addition to
the general conditions set forth in part
[13 of this subchapter,every permit
PilBued under this paragraph shall be
\lO.bject to the special condition that
£1JJ.e escape of living wildlife covered by
§17.32
the permit shall be immediately re-
ported to the Service office designated
in the permit.
(4)Duration of permits.The duration
of permits issued under this paragraph
shall be designated on the face of the
permit.
(b)(1)Application requirements for per-
mits for incidental taking.(i)A person
wishing to get a permit for an activity
prohibited by §17.31 submits an appli-
cation for activities under this para-
graph.
(ii)The director shall publish notice
in the FEDERAL REGISTER of each appli-
cation 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 no-
tice,of written data,views,or argu-
ments with respect to the application.
(iii)Each application must be sub-
mitted on an official application (Form
3-200)provided by the Service,and
must include as an attachment,all of
the following information:
(A)A complete description of the ac-
tivity sought to be authorized;
(B)The common and scientific names
of the species sought to be covered by
the permit,as well as the number,age,
and sex of such species,if known;
(C)A conservation plan that speci-
fies:
(1)The impact that will likely result
from such taking;
(2)What steps the applicant will take
to monitor,minimize,and mitigate
such impacts,the funding that will be
available to implement such steps,and
the procedures to be used to deal with
unforeseen circumstances;
(3)What alternative actions to such
taking the applicant considered and
the reasons why such alternatives are
not proposed to be utilized;and
(4)Such other measures that the Di-
rector may require as being necessary
or appropriate for purposes of the plan.
(2)Issuance criteria.(i)Upon receiving
an application completed in accordance
with paragraph (b)(l)of this section,
the Director will decide whether or not
a permit should be issued.The Director
shall consider the general issuance cri-
teria in 13.21(b)of this subchapter,ex-
cept for 13.21(b)(4),and shall issue the
permit if he or she finds that:
(A)The taking will be incidental;
§17.32
proviSionS of an implementing agree-
ment,habitat conservation plan,or
permit even after surrendering the per-
mit to the Service pursuant to §13.26 of
this subchapter.The permit shall be
deemed canceled only upon a deter-
mination by the Service that such
minimization and mitigation measures
have been implemented.Upon sur-
render of the permit,no further take
shall be authorized under the terms of
the surrendered permit.
(8)Criteria for revocation.A permit
issued under this paragraph (b)may
not be revoked for any reason except
those set forth in §13.28(a)(I)through
(4)of this subchapter or unless con-
tinuation of the permitted activity
would be inconsistent with the cri-
terion set forth in 16 U.S.C.
1539(a)(2)(B)(iv)and the inconsistency
has not been remedied in a timely fash-
ion.
(c)(I)Application requirements for per-
mits for the enhancement of survival
through Safe Harbor Agreements.The ap-
plicant must submit an application foc
a permit under this paragraph (c)to
the appropriate Regional Director,U.S.
Fish and Wildlife Service,for the Re-
gion where the applicant resides or
where the proposed action is to occur
(for appropriate addresses,see 50 OFR
10.22),if the applicant wishes to engage
in any activity prohibited by §17.31.
The applicant must submit an official
Service application form (3-200.54)that
includes the following information:
(i)The common and scientific names
of the listed species for which the ap-
plicant requests incidental take au-
thorization;
(il)A description of the land use or
water management activity for which
the applicant requests incidental take
authorization;
(iii)A Safe Harbor Agreement that
complies with the requirements of the
Safe Harbor policy available from the
Service;and
(iv)The Director must publish notice
in the FEDERAL REGISTER of each appli-
cation for a permit that is made under
this paragraph (c).Each notice must
invite the submission from interested
parties within 30 days after the date of
the notice of written data,views,or ar-
guments with respect to the applica-
tion.The procedures included in
181
~'(7)Discontinuance of permit activity.
-'Notwithstanding the provisions of
13.26 of this subchapter,a permittee
llmder this paragraph (b)remains re-
nsible for any outstanding mini-
tion and mitigation measures re-
uired under the terms of the permit
,r take that occurs prior to surrender
the permit and such minimization
mitigation measures as may be re-
pursuant to the termination
u.s.Ash and Wildlife serv.,Interior
terms of the conservation plan to the
maximum extent possible.Additional
conservation and mitigation measures
will not involve the commitment of ad-
ditional land,water or financial com-
pensation or additional restrictions on
'"the use of land,water,or other natural
resources otherwise available for devel-
opment or use under the original terms
uf the conservation plan without the
consent of the permittee.
(0)The Director will have the burden
of demonstrating that such unforeseen
circumstances exist,using the best sci-
entific and commercial data available.
These findings must be clearly docu-
mented and based upon reliable tech-
nical information regarding the status
and habitat requirements of the af-
fected species.The Director will con-
alder,but not be limited to,the fol-
f"lowing factors:
;'"(1)Size of the current range of the af-
;fected species;
f>(2)Percentage of range adversely af-
c"fected by the conservation plan;
(3)Percentage of range conserved by
"J the conservation plan;
W(4)Ecological significance of that
;portion of the range affected by the
'i'conservation plan;
,~h(5)Level of knowledge about the af-
~;,fected species and the degree of speci-
~;.ficity of the species'conservation pro-
':;cgram under the conservation plan;and
~.,.,(6)Whether failure to adopt addi-
'{tional conservation measures would ap-
rpreciably reduce the likelihood of sur-
fYival and recovery of the affected spe-
~C1es in the wild.
';1'(6)Nothing in this rule will be con-
;ltrued to limit or constrain the Direc-
r,any Federal,State,local,or Tribal
110vernment agency,or a private enti-
tty,from taking additional actions at
1te own expense to protect or conserve
it.species included in a conservation
50 CFR Ch.I (10-1-00 Edition)
cumstances.The assurances in thil
paragraph (b)(5)apply only to inci-
dental take permits issued in accord-
ance with paragraph (b)(2)of this see-i
tion where the conservation plan iI!
being properly implemented,and apply,;
only with respect to species adequately!'
covered by the conservation plan.i
These assurances cannot be provided to
Federal agencies.This rule does not;
apply to incidental take permits issued::
prior to March 25,1998.The assurancBB"
provided in incidental take permitsl
issued prior to March 25,1998 remain in:
effect,and those permits will not be reo;
vised as a result of this rulemaking.·;
(i)Changed circumstances provided for,',
in the plan.If additional conservation'l
and mitigation measures are deemed'!
necessary to respond to changed cit-~
cumstances and were provided for in,'
the plan's operating conservation proo\
gram,the permittee will implementJ
the measures specified in the plan.".'
(ii)Changed circumstances not provided.
for in the plan.U additional conserv":
tion and mitigation measures are'
deemed necessary to respond to;
changed circumstances and such meg.;j
ures were not provided for in the plan'"
operating conservation program,"
Director will not require any conse
tion and mitigation measures in addi-:
tion to those provided for in the p:
without the consent of the permit'
provided the plan is being properly
plemented.
(iii)Unforeseen circumstances.(Al
negotiating unforeseen circumstan,
the Director will not require the co:
mitment of additional land,water,
financial compensation or additio:
restrictions on the use of land,wa
or other natural resources beyond
level otherwise agreed upon for the 8:
cies covered by the conservation pi
without the consent of the permittee.~
(B)If additional conservation
mitigation measures are deemed n,
essary to respond to unforeseen
cumstances,the Director may I'eq'
additional measures of theperml'
where the conservation plan is
properly implemented,but only if
measures are limited to modificatl
within conserved habitat areas,if
or to the conservation plan's opera'
conservation program for the aU
species,and maintain the or!
10/\-
(B)The applicant will,to the max-
imum extent practicable,minimize and
mitigate the impacts of such takings;
(0)The applicant will ensure that
adequate funding for the conservation
plan and procedures to deal with un-
foreseen circumstances will be pro-
vided;
(D)The taking will not appreciably
reduce the likelihood of the survival
and recovery of the species in the wild;
(E)The measures,if any,required
under paragraph (b)(1)(iii)(D)of this
section will be met;and
(F)He or she has received such other
assurances as he or she may require
that the plan will be implemented.
(ii)In making his or her decision,the
Director shall also consider the antici-
pated duration and geographic scope of
the applicant's planned activities,in-
cluding the amount of listed species
habitat that is involved and the degree
to which listed species and their habi-
tats are affected.
(3)Permit conditions.In addition to
the general conditions set forth in part
13 of this subchapter,every permit
issued under this paragraph shall con-
tain such terms and conditions as the
Director deems necessary or appro-
priate to carry out the purposes of the
permit and the conservation plan in-
cluding,but not limited to,monitoring
and reporting requirements deemed
necessary for determining whether
such terms and conditions are being
complied with.The Director shall rely
upon existing reporting requirements
to the maximum extent practicable.
(4)Duration of permits.The duration
of permits issued under this paragraph
shall be sufficient to provide adequate
assurances to the permittee to commit
funding necessary for the activities au-
thorized by the permit,including con-
servation activities,and land use re-
strictions.In determining the duration
of a permit,the Director shall consider
the duration of the planned activities,
as well as the possible positive and neg-
ative effects associated with permits of
the proposed duration on listed species,
including the extent to which the con-
servation plan will enhance the habitat
of listed species and increase the long-
term survivability of such species.
(5)Assurances provided to permittee in
case of changed or unforeseen cir-
§17.32
e
e
'"t
$i~~
I
182 183
§17.32
§17.22(e)for permit objection apply to
any notice published by the Director
under this paragraph (c).
(2)Issuance criteria.Upon -receiving
an application completed in accordance
with paragraph (c)(1)of this section,
the Director will decide whether or not
to issue a permit.The Director shall
consider the general issuance criteria
in §13.21(b)of this subchapter,except
for §13.21(b)(4),and may issue the per-
mit if he or she finds:
(i)The take will be incidental to an
otherwise lawful activity and will be in
accordance with the terms of the Safe
-Harbor Agreement;
..(il)The implementation of the terms
oNhe Safe Harbor Agreement will pro-
vide a net conservation benefit to the
affected listed species by contributing
to the recovery of listed species in-
cluded in the permit and the Safe Har-
bor Agreement otherwise complies
with the Safe Harbor policy available
from the Service;
(iii)The probable direct and indirect
effects of any authorized take will not
appreciably reduce the likelihood of
survival and recovery in the wild of
any listed species;
(iv)Implementation of the terms of
the Safe Harbor Agreement is con-
sistent with applicable Federal,State,
and Tribal laws and regulations;
(v)Implementation of the terms of
the Safe Harbor Agreement will not be
in conflict with any ongoing conserva-
_tion or recovery programs for listed
..species covered by the permit;and
(vi)The applicant has shown capa-
bility for and commitment to imple-
menting all of the terms of the Safe
Harbor Agreement.
(3)Permit conditions.In addition to
any applicable general permit condi-
tions set forth in part 13 of this sub-
chapter,every permit issued under this
paragraph (c)is subject to the fol-
lowing special conditions:
(i)A requirement for the partici-
pating property owner to notify the
Service of any transfer of lands subject
to a Safe Harbor Agreement;
(il)A requirement for the property
owner to notify the Service at least 30
days in advance,but preferably as far
in advance as possible,of when he or
she expects to incidentally take any
listed species covered under the per-
50 CFR Ch.I (10-1-00 Edition)
mit.Such notification will prOVide the "
Service with an opportunity to
translocate affected individuals of the}
species,if possible and appropriate;and:
(iii)Any additional requirements or;~
conditions the Director deems nec·j
essary or appropriate to carry out the J
purposes of the permit and the Safe"
Harbor Agreement.,
(4)Permit effective date.Permttl?
issued under this paragraph (c)become'
effective the day of issuance for speciea~.
covered by the Safe Harbor Agreement.it
(5)Assurances prOVided to permittee.(1)'~
The assurances in subparagraph (it)oft
this paragraph (c)(5)apply only to Safe
Harbor permits issued in accordance!z
with paragraph (c)(2)of this sectioU'q
where the Safe Harbor Agreement 18;1
being properly implemented,and apply,)
only with respect to species covered bJ'~
the Agreement and permit.These a&-"1'
surances cannot be provided to Federal:l
agencies.The assurances provided in';'
this section apply only to Safe Harbor'~
permits issued after July 19,1999.'i
(il)If additional conservation and'l'
mitigation measures are deemed nec-!J
essary,the Director may require addi~~
tional measures of the permittee,but,j
only if such measures are limited to]
modifications within conserved habitat~
areas,if any,for.the affected species:
and maintain the original terms of the.!
Safe Harbor Agreement to the mu~
imum extent possible.Additional con:.;
servation and mitigation measures will;;
not involve the commitment of addi..f
tional land,water or financial com'-~
pensation or additional restrictions Oll~
the use of land,water,or other natural
resources otherwise available for devel.1
opment or use under the original te~
of the Safe Harbor Agreement withou)
the consent of the permittee.:,.
(6)Additional actions.Nothing in
rule will be construed to limit or co:
strain the Director,any Federal,8ta:
local or Tribal government agency,
a private entity,from taking
tional actions at its own expense
protect or conserve a species inclw
in a Safe Harbor Agreement.
(7)Criteria for revocation.A pe
issued under this paragraph (c)
not be revoked for any reason exc
those set forth in §13.28(a)(I)thro
(4)of this subchapter or unless
tinuation of the permitted activ!'
u.s.Fish and Wildlife Serv.,Interior
fwould be inconsistent with the cri-
~rterion set forth in 17 .22(c )(2)(iii)and
(the inconsistency has not been rem-
hedied in a timely fashion.
..(8)Duration of permits.The duration
i'of permits issued under this paragraph
~(c)must be sufficient to provide a net
"conservation benefit to species covered
"Lin the enhancement of survival permit.
'~In determining the duration of a per-
g'mtt,the Director will consider the du-
kration of the planned activities,as well
t?88 the positive and negative effects as-
;'BOciated with permits of the proposed
:'·duration on covered species,including
f,)the extent to which the conservation
r-activities included in the Safe Harbor
i·Agreement will enhance the survival
~'<&nd contribute to the recovery of listed
i;1lpecies included in the permit.'r (d)(1)Application requirements for per-
*JIIits for the enhancement of survival
i,through Candidate Conservation Agree-
~,ments with Assurances.The applicant
~_mUBt submit an application for a per-
-mit under this paragraph (d)to the ap-
lcpropriate Regional Director,U.S.Fish
\and Wildlife Service,for the Region
1;'"where the applicant resides or where
.the proposed activity is to occur (for
,,:appropriate addresses,see 50 CFR
;,10.22).When a species covered by a Can-
i-didate Conservation Agreement with
tAssurances is listed as threatened and
i·;the applicant wishes to engage in ac-
f',tivities identified in the Agreementf,and otherwise prohibited by §17.31,the
;~applicant must apply for an enhance-
',·ment of survival permit for species
.-covered by the Agreement.The permit
,wlll become valid if and when covered
~proposed,candidate or other unlisted
hpecies is listed as a threatened spe-
~cies.The applicant must submit an of-
Hicial Service application form (3-
.54)that includes the following in-
:Jormation:'t (1)The common and scientific names
~-of the species for which the applicant
tl'equests incidental take authorization;
""(ii)A description of the land use or
nter management activity for which
!the applicant requests incidental take
:authorization;and
}(iii)A Candidate Conservation Agree-
.ent that complies with the require-
ents of the Candidate Conservation
ement with Assurances policy
--.vailable from the Service.
§17,32
(iv)The Director must pUblish notice
in the FEDERAL REGISTER of each appli-
cation for a permit that is made under
this paragraph .(d).Each notice must
invite the submission from interested
parties within 30 days after the date of
the notice of written data,views,or ar-
guments with respect to the applica-
tion.The procedures included in
§17.22(e)for permit objection apply to
any notice published by the Director
under this paragraph (d).
(2)Issuance criteria.Upon receiving
an application completed in accordance
with paragraph (d)(l)of this section,
the Director will decide whether or not
to issue a permit.The Director shall
consider the general issuance criteria
in §13.21(b)of this subchapter,except
for §13.21(b)(4),and may issue the per-
mit if he or she finds:
(1)The take will be incidental to an
otherwise laWful activity and will be in
accordance with the terms of the Can-
didate Conservation Agreement;
(il)The Candidate Conservation
Agreement complies with the require-
ments of the Candidate Conservation
Agreement with Assurances policy
available from the Service;
(iii)The probable direct and indirect
effects of any authorized take will not
appreciably reduce the likelihood of
survival and recovery in the wild of
any species;
(iv)Implementation of the terms of
the Candidate Conservation Agreement
is consistent with applicable Federal,
State,and Tribal laws and regulations;
(v)Implementation of the terms of
the Candidate Conservation Agreement
will not be in conflict with any ongoing
conservation programs for species cov-
ered by the permit;and
(vi)The applicant has shown capa-
bility for and commitment to imple-
menting all of the terms of the Can-
didate Conservation Agreement.
(3)'Permit conditions.In addition to
any applicable general permit condi-
tions set forth in part 13 of this sub-
chapter,every permit issued under this
paragraph (d)is subject to the fol-
lowing special conditions:
(i)A requirement for the property
owner to notify the Service of any
transfer of lands subject to a Candidate
Conservation Agreement;
184 ·185
§17.32
(ii)A requirement for the property
owner to notify the Service at least 30
days in advance,but preferably as far
in advance as possible,of when he or
she expects to incidentally take any
species covered under the permit.Such
notification will provide the Service
with an opportunity to translocate af-
fected individuals of the species,if pos-
sible and appropriate;and
(iii)Any additional requirements or
conditions the Director deems nec-
essary or appropriate to carry out the
purposes of the permit and the Can-
didate Conservation Agreement.e (4)Permit effective date.Permits
issued under this paragraph (d)become
effective for a species covered by a
Candidate Conservation Agreement on
the effective date of a final rule that
lists a covered species as threatened.
(5)Assurances provided to permittee in
case of changed or unforeseen cir-
cumstances.The assurances in this
paragraph (d)(5)apply only to permits
issued in accordance with paragraph
(d)(2)where the Candidate Conserva-
tion with Assurances Agreement is
being properly implemented,and apply
only with respect to species adequately
covered by the Candidate Conservation
with Assurances Agreement.These as-
surances cannot be provided to Federal
agencies.
(i)Changed circumstances provided for
in the Agreement.If additional con-
servation and mitigation measures are
deemed necessary to respond to
-changed circumstances and were pro-W'vided for in the Agreement's operating
conservation program,the permittee
will implement the measures specified
in the Agreement.
(ii)Changed circumstances not provided
for in the Agreement.If additional con-
servation and mitigation measures are
deemed necessary to respond to
changed circumstances and such meas-
ures were not provided for in the
Agreement's operating conservation
program,the Director will not require
any conservation and mitigation meas-
ures in addition to those provided for
in the Agreement without the consent
of the permittee,provided the Agree-
ment is being properly implemented.
(iii)Unforeseen circumstances.(A)In
negotiating unforeseen circumstances,
the Director will not require the com-
mitment of additional land,water,or~
financial compensation or additional;
restrictions on the use of land,water,i
or other natural resources beyond th(
level otherwise agreed upon for the lip&"'
cies covered by the Agreement without
the consent of the permittee.'1
(B)If additional conservation and}
mitigation measures are deemed neo-~
essary to respond to unforeseen c1r-~
cumstances,the Director may requirel
additional measures of the permittee'
where the Agreement is being properIt!
implemented,but only if such meaa-)
ures are limited to modifications with-~
in conserved habitat areas,if any,or toj
the Agreement's operating conserv..;
tion program for the affected specillll,~
and maintain the original terms of theJ
Agreement to the maximum extent"
possible.Additional conservation and,
mitigation measures will not involve~
the commitment of additional land,l
water or financial compensation or ad-j'
ditional restrictions on the use of land.,}
water,or other natural resources otb-i
erwise available for development or Ultl
under the original terms of the Agreeo:~
ment without the consent of the
mittee.
(C)The Director will have the burden'
of demonstrating that unforeseen c:
cumstances exist,using the best
entific and commercial data availabJ.
These findings must be clearly docu.'
mented and based upon reliable t
nical information regarding the sta
and habitat requirements of the at.
fected species.The Director will co.
sider,but not be limited to,the fl
lowing factors;
(1)Size of the current range of the at-
fected species;.
(2)Percentage of range adversely
fected by the Agreement;
(3)Percentage of range conserved
the Agreement;
(4)Ecological significance of
portion of the range affected by
Agreement;
(5)Level of knowledge about the
fected species and the degree of s
fictty of the species'conservation
gram under the Agreement;and
(6)Whether failure to adopt ad,
tional conservation measures would
preciably reduce the likelihood of
vival and recovery of the affected
cies in the wild.
"u.s.Fish and Wildlife Serv.,Interior
(6)Additional actions.Nothing in this
l<rnle will be construed to limit or con-
'iJatrain the Director,any Federal,State,
~local or Tribal government agency,or
&&private entity,from taking addi-
~tional actions at its own expense to
J'1lI'Otect or conserve a species included
in a Candidate Conservation with As-
},surances Agreement.
~...(7)Criteria for revocation.A permit
"'&.issued under this paragraph (d)may
!]not be revoked for any reason except
~jthose set forth in §13.28{a)(l)through
H4)of this SUbchapter or unless con-
'itlnuation of the permitted activity
i~would be inconsistent with the cri-
~;'terion set forth in paragraph (d)(2)(lii)
;-;of this section and the inconsistency
P'bas not been remedied in a timely fash-
!lon.~-(8)Duration of the Candidate Conserva-
tion Agreement.The duration of a Can-
;,didate Conservation Agreement cov-
rered by a permit issued under this
tparagraph (d)must be sufficient to en-
table the Director to determine that the
\benefits of the conservation measures
'in the Agreement,when combined with
·those benefits that would be achieved if
~;1t is assumed that the conservation
;measures would also be implemented
~'On other necessary properties,would
~preclude or remove any need to list the
\apecies covered by the Agreement.
Q[5ll FR 39689,Sept.30.1985,as amended at 63
c;FR 8871,Feb.23.1998;63 FR 52635,Oct.1,1998;
'M FR 32714,June 17,1999;64 FR 52676,Sept.
.19991
..17.40 Special rules-mammals,
fttj (a)[Reserved]
!fl'(b)Grizzly bear (Ursus arctos}-(l)
J"Prohibitions.The following prohibitions
i.pply to the grizzly bear:*(i)Taking.(A)Except as provided in
';jlllI'a.gI'aphs (b)(l)(i)(B)through (F)of
"s section,no person shall take any
zzly bear in the 48 conterminous
.tes of the United States.
(B)Grizzly bears may be taken in
If-defense or in defense of others,but
.00 taking shall be reported,within 5
'days of occurrence,to the Assistant
ional Director,Division of Law En-
ement,U.S.Fish and Wildlife Serv-
,P.O.Box 25486,Denver Federal
'nter,Denver,Colorado 80225 (3031236-
or FTS 776-7540),if occurring in
,ntana or Wyoming,or to the Assist-
§17.40
ant Regional Director,Division of Law
Enforcement,U.S.Fish and Wildlife
Service,Lloyd 500 Building,Suite 1490,
500 Northeast MuItnomah Street,Port-
land,Oregon 97232 (5031231-6125 or FTS
429-6125),if occurring in Idaho or Wash-
ington,and to appropriate State and
Indian Reservation Tribal authorities.
Grizzly bears or their parts taken in
self-defense or in defense of others
shall not be possessed,delivered,car-
ried,transported,shipped,exported,re-
ceived,or sold,except by Federal,
State,or Tribal authorities.
(C)Removal of nuisance bears.A griz-
zly bear consituting a demonstrable
but non immediate threat to human
safety or committing significant depre-
dations to lawfully present livestock,
crops,or beehives may be taken,but
only if;
(1)It has not been reasonably pos-
sible to eliminate such threat or depre-
dation by live-capturing and releasing
unharmed in a remote area the grizzly
bear involved;and
(2)The taking is done in a humane
manner by authorized Federal,State,
or Tribal authorities,and in accord-
ance with current interagency guide-
lines covering the taking of such nui-
sance bears;and
(3)The taking is reported within 5
days'of occurrence to the appropriate
Assistant Regional Director,Division
of Law Enforcement,U.S.Fish and
Wildlife Service,as indicated in para-
graph (b)(l)(i)(B)of this section,and to
appropriate State and Tribal authori-
ties.
(D)Federal,State,or Tribal scientific or
research activities.Federal,State,or
Tribal authorities may take grizzly
bears for scientific or research pur-
poses,but only if such taking does not
result in death or permanent injury to
the bears involved.Such taking must
be reported within 5 days of occurrence
to the appropriate Assistant Regional
Director,Division of Law Enforcement,
U.S.Fish and Wildlife Service,as indi-
cated in paragraph (b)(l)(i)(B)of this
section,and to appropriate State and
Tribal authorities.
(E){Reserved]
(F)National Parks.The regulations of
the National Park Service shall govern
all taking of grizzly bears in National
Parks.
Attachment 2.Western Riverside County MSHCP Covered Species
'MdCJ"·""~··Co~.··•.SPBtes··,··•...'1)~:N~
>(l~spetl~);'....
Listjng~~·...·.
StaW}·.
..Federal
LISTED CRUSTACEANS
Riverside fairy shrimp
Streptocephalus woottoni
~/FE Riparian/Riverine/
Vernal Pool
vernal pool fairy shrimp
Branchinecta lynchi
-/FT Riparian/Riverine/
Vernal Pool
Delhi Sands flower-
loving fly Survey
Area
-IFE
LISTED INSECTS1----------------,----.------.--------r--------,---------,---------------I
Delhi Sands flower-loving fly
Rhaphiomidas terminatus abdominalis
Quino checkerspot butterfly
Euphydryas editha quino -/FE
..---...----..-..-----+--------------1
LISTED FISH
Santa Ana sucker
Catastomus santaanae SSC/FT
LISTED AMPHIBIANS
arroyo toad SSCIFE.....Additional Survey
!!1!fo cali[o~'!icus ---j +--~_+---Area:AS.S A_..__+..__.._.._._._
California red-legged frog SSC/FT.....Additional Survey
Rana aurora draytonii Area:ASSA
mountain yellow-legged frog SSCIFE .....Additional Survey
Rana mucosa Area:ASSA
LISTED BIRDS
bald eagle
Haliaeetus leucocephalus SP,SE/FT
coastal California gnateateher
Polioptila californica californica
SSC/FT
Riparian/Ri verine/
Vernal Pool
RiparianiRi verine/
Vernal Pool
Riparian/Riverine/
Vernal Pool
..._-
SE/FC
SE/FE
SE/FE
western yellow-billed cuckoo
Coccyzus american us occidentalis
least Bell's virco
Vireo bellii pusillus
---.--------.-----------+-------t---
southwestern willow flycatcher
Empidonax traillii extimus
LISTED MAMMALS
San Bernardino kangaroo rat
Dipodomys merriami parvus SSC/FE Additional Survey
Area:MSSA
Stephens'kangaroo rat
Dipodomys stephensi
LISTED PLANTS
STIFE
....L .l..-.L-.L---I-__..._
California Orcutt grass
Orcuttia californica SE/FE NEPPSA
ST/FE
SE/FE
Munz's onion
Allium munzii._--_._----_._--------------+------+
Nevin's barberry
Berberis nevinii_._._------_._-----_._---------+--------+-
NEPPSA
Additional Survey
Area:CASSA
---..-...--..----I---------+------------j
San Diego ambrosia
Ambrosia pumila -/FE NEPPSA
San Diego button-celery
Eryngium aristulatum vaT.parishii SE/FE
---------_._-----+--------
NEPPSA
Additional Survey
Area:CASSA
NEPPSA
-1FT
SE/FT
SE/FE
SE/FE
San Jacinto Valley crownscale -/FE .....Additional Survcy
Atriplex co,:o~~~~v~r.__~~!~.t__i_or +---+-+__A_r_ea_:_C_A_S_S_A_-+_~----,---_---I
Santa Ana River woollystar
Eriastrum densifolium ssp.sanctorum
slender-homed spine flower
Dodecahema leptoeeras._-_"~-".,_..,.._",.._,,,
spreading navarretia
N avarretia fossalis
thread-leaved brodiaea
Brodiaea filifolia
Additional Survey
Area:CASSA
=~=_=_.....R_iP_~_e_i~_al_p_i:_~_rt_n_e/.L-_
SEIFT
SSCI-
...._J
Vail Lake ceanothus
Ceanothus ophiochilus
CRUSTACEANS -_._------
Santa Rosa Plateau fairy shrimp
Linderiella santarosae
~-'-------------------
FISH
_._..__.--.--------..._-_..-.-_._-------_.......----..---_._-_._----,--------,----------,----------,------------------,
arroyo chub
Gila orcutti
AMPHIBIANS
I-------------------,-----------r----------.-..----------------..--------.-----------..-",-~---~._--..
coast range newt
Tarieha tarosa tarosa
SSCI-
SSCI-western spadefoot
Scaphiopus hammondiiI-------=-----"-------------------'----------------l.----.--..-......_..
REPTILES
.-".----------_.,,--------._-------------'------
Belding's orange-throated whiptail
Cnemidophorus hyperythrus be/dingi
coastal western whiptail
Cnemidophorus tigris multiseutatus
granite night lizard
Xantusia henshawi henshawi
SSCI-
-1-
-1-
.--._.._-----
------------r-------.--------r---------------------------
granite spiny lizard
Sceloporus orcutti -1-
I
......
MOU with U.S.Forest
Service
MOU with U.S.Forest
Service
MOU with U.S.Forest
Service
MOU with U.S.Forest
Service
SSCI-.....
.---f----
SSCI-
-1-.....
.............._....._-_.
S8CI-.....
SSCI-
8T/-
-/-
.._--_._-"._...---_._--_._-".
SSC/-.....
I
-I-
I
.....
I I
southern sagebrush lizard
See/oporus graciosus vandenburgianus
San Bernardino mountain kingsnake
Lamprope/tis zonata parvirubra
northern red-diamond rattlesnake
Crotalus ruber ruber
southern rubber boa
Charina bottae umbratica
BIRDS
San Diego banded gecko
Coleonyx variegatus abbottii
western pond turtle
Clemmys marmorata pallida
San Diego homed lizard
Phrynosoma coronatum blainvillei---------.---.--..-------.-------+---------+------+---------+-------------l
San Diego mountain kingsnake
Lampropeltis zonata pulchra
American bittern
Botaurus lentiginosus
Bell's sage sparrow
Amphi.\piza belli belli
black swift (breeding)
Cypseloides niger
black-crowned night heron
Nycticorax nycticorax
burrowing owl
Athene cunicularia hypugaea
......_"_...",.."...,,,...
cactus wren
_q!!.!!!PX-'_t?!h)'!!9h.!!s brunneicapi,!~~
California homed lark
Eremophi!a alpest~~~__a._c~ia
California spotted owl
Strix occidentalis occidentalis
Cooper's hawk
Accipiter cooperii
double-crested cormorant
Phalacrocorax auritus
downy woodpecker
Picoides pubescens
ferruginous hawk
Buteo regalis
golden eagle
Aquila chrysaetos
grasshopper sparrow
Ammodramus savannarum,.
great blue heron
Ardea herodias
SSCI-
SSC/-
-/-
SSC/-
SSC/-
SSC/-
SSC/-
SSC/-
SSC/-
-/-
SSC/-
SP,SSC/-
-/-
-/-
.'...
Additional Survey
Area:BOSA
._.__._----_.___.._.-----_._._------_..-.
------..-1--..--...-.-.----..----.-----
.----1---------_._-----------
MOD with U.S.Forest
Service
Species-specific
objectives...-"...----------------1
-/-
SSC/-
Lincoln's sparrow (breeding)
Melospiza lincolnii
1-----'---------------+------------
loggerhead shrike
Lanius ludovicianus
Species-specific
objectives....._.__._._-----_.__._..__._-------+--=------------j
Macgillivray's warbler
Oporornis tolmiei
merlin
Falco columbarius
mountain plover (wintering)
Charadrius montanus
-/-
SSC/-
SSC/-
-/-
-/-
mountain quail
Oreortyx pictus1----=---=------------+---------+-----.---..--...----------.------------+------------1
Nashville warbler
Vermivora ruficapilla
northern goshawk
Accipiter gentilis SSCI-
SSC/-northern harrier (breeding)
Circus cyaneus1----'--------------_.-"'-'--'-'-.-'--"'-'-"-I ..··..·----1------------------.-.-..........--._-_._._.._----
osprey
Pandion haliaetus
peregrine falcon
Falco peregrinus
prairie falcon (breeding)
Falco mexicanus
purple martin
Progne subis
SSC/-
SP,SE/delisted
SSC/-
SSC/-
• •
,------------------r-------.-.........
ST/-....
SSC/~....
SSC/~....
.....-....-....-------+------+--------+------------1
sharp-shinned hawk
Accipiter striatus1-------0....
So.California rufous-crowned sparrow
Aimophi/a ruficeps canescens
.._------_..",._.".
Swainson's hawk
Buteo swainsoni------------+-------+------1----------_.1--
...._..-
MOU with U.S.Forest
Service
SP/-
-/-
-/-
-/-
SSC/-
.....
tree swallow
Tachycineta bicolor
f---..-----.-------------j--------+------+--------+---.-
tricolored blackbird (colony)
A:~!..laius tricolor
turkey vulture (breeding)
Cathartes aura
white-faced ibis SSC/-....
!Je?adis,._ch_l_·h_i -++-1---1---_
white-tailed kite
Elanus leucurus
Williamson's sapsucker
Sphyrapicus thyroideus
Wilson's warbler
Wi/sonia pusilla -/~
yellow warblcr
Dendroica l?e...~e...chia brewsteri
yellow-breasted chat
Ieteria virens
SSC/-
SSC/-
.._ _ _ __._.__,_.___.,.._-'---'---.....L....-'----..__•••_.__
MAMMALS,------------,-----------,--------,----------,---___._._.._._--
Aguanga kangaroo rat
Dipodomys merriami collin us
bobcat
Lynx rufus1---'------''--------_._-_..._-------_.._--_._-..-..
brush rabbit
Sylvilagus bachmani
coyote
Canis latrans
-/-
-/-
-/-
-/-
Additional Survey
Area:MSSA
...-...-.-._--------+-----------1
1--------_._-_...__.._----_._-_.__.._--
Dulzura kangaroo rat
Dipodomys simulans -/-
long-tailed wcasel
Mustela frenata -/-
Los Angeles pocket mouse
Perognathus longimembris brevinasus SSC/-Additional Survey
Area:MSSA
mountain lion
Puma concolor -/-
...._-_.._._._-+---------+--------------j
SSC/-
SSC/-northwestern San Diego pocket mouse
Chaetodipus falla:<:falla:<:
San Bernardino flying squirrel SSC/-Species-specific
Glaucomys sabrinus cali/ornicus objectives1-----.....:.....--------''---------+---------+------+--------+.--------1
San Diego black-tailcd jackrabbit
Lepus cali/omicus bennettii
San Diego desert woodrat
Neotoma lepida intermedia SSC/-
PLANTS
beautiful hulsea _ / _Species-specific ",.···_.._._.._...._1
llulsea vestita ssp.callic{!rp~_a..____-++-+-o....:bJ'--·e_c_ti_ve_s _
Brand's phacelia
Phacelia stellaris -/FC NEPPSA
California beardtongue -I-tt!Penstemon califomicus
California bedstraw -1-MOU with U.S.Forest
Galium californi:1!m ssp.prin7:1!_~__Service
California black walnut -I-tt!Juglans californica var.californica ..._....",_.._-.----_._._----
California muhly -1-Species-specific
Muhlenbergia californica objectives._------,.,..,.'.,,,...._-
chickweed oxythcca -1-Species-specific
Oxytheca caryophyl/oides
.............._---_.,.".,._---_.._,.,,,.-----"'."--_...,,..,...'-_..-_objectives
Cleveland's bush monkeyflower -1-MOV with V.S.Forest
Mimulus clevelandit Service-_.__..._-_._,---_.--.._-_.__._._-
cliff cinq uefoi I -1-Species-specific
Potentilla rimicola objectives
Coulter's goldfields -I-tt!Additional Survey
l:C!:!.!~!.nia glabrata ssp.coulteri Area:CASSA
Coulter's matilija poppy -1-Species-specific
Romneya coulteri objectives
Davidson's saltscalc -I-tt!Additional Survey
Atriplex serenana var.davidsonii Area:CASSA .__....•••_0•••,'.,-----
Engelmann oak -I-tt!Quercus engelmannii --,...,.--
Fish's milkwort -1-Species-specific
Polygala co~:!:1!~'!.vaT.fishiae objectives
..._--_.."..."'.".._---_..-.
graceful tarplant -1-Species-specific
Holocarpl!...'!.~irgata ssp.elongata ._-,.._..".".._..._.."._.__._-,..-..__..._-objectives
Hall's monardella -I-tt!Monardel/a macrantha ssp.hal/it ----_._--_._._-------_.-..-._--_.............
Hammitt's clay-cress -I-tt!NEPPSASibaropsishammittit---_..---_.._._--_.--_..__._...._-------...._....,"_.",,..__...._---
heart-leaved pitcher sage -I-tt!Additional Survey
Lepechinia cardiophylla Area:CASSA ..._.-
intermediate mariposa lily -1-Species-specific
Calochortus weedii vaT.intermedius objectives
Jaeger's milk-vetch -I-tt!Astragalus pachypus var.jaegeri
--
Johnston's rock cress -I-tt!NEPPSAArabisjohnstonii
._.._-,,-_.-,...__.....__..
lemon lily -1-MOV with U.S.Forest
Lilium parryi Service
--....---....__._.-----_._........._--...-........_.-----
little mousetail -I-tt!Additional Survey
Myosurus minimus Area:CASSA ..._._.."..---------
long-spined spine flower
Chorizanthe polygonoides var.-I-tt!
longispina _._...-,.._------_._._-
many-stemmed dudleya -I-tt!NEPPSADudleyamulticaulis-_._._._...._-_._...._---_.,,--_.-------_._._--_._.....__._..__._.
Mojave tarplant SE/-Species-specific
Deinandra mohavensis objectives
-_._""-"._.,,.,,--._.-_.-._-_.._-"._..._----_.__.._.-,,----........------_._..._-_....._--------------_.
mud nama -I-tt!Additional Survey
Nama stenocarpum Area:CASSA
.._----_....__.
Munz's mariposa lily -I-tt!NEPPSACalochortuspalmerivar.munzii ._-_._-
ocellated Humboldt lily -1-MOU with U.S.Forest
£ilium humboldtii ssp.ocellatum Service
._.------
Orcutt's brodiaea -I-vBrodiaeaorcuttii_...._._..._.
Palmer's grapplinghook -I-vHarpagonellapalmeri_._-..........-_.-.--.-
Palomar monkeyflower -I-vMimulusdifJitsus--_._--------_.......,,_._....
Parish's brittlescale v Additional Survey
A triplex parishii Area:CASSA-----_....__....._...-
Parish's meadowfoam SE/-vLimnanthesgracilisvar.parishii-----_.-_.-..__.-_._--_.",
Parry's spine flower -1-Species-specific
Chorizanthe parryi var.parryi objective~__.____-----_.-._..._-"._--
Payson's jewelflower -I-vCaulanthussimulans--_..._...
peninsular spine flower -1-Species-specific
Chorizanthe leptotheca objectives
--
Plummer's mariposa lily -1-Species-specific
Calochortus plummerae objectives._...._.__....,"'._-
prostrate navarretia -I-v Additional Survey
Navarretia prostrate Area:CASSA ----..
prostrate spineflower -I-vChorizantheprocumbens_..._.__..._...-_._-_...
Rainbow manzanita -I-Species-specific
Arctostaphylos rainbowensis objecti,:~_~_____..".._.__.---
round-leaved filaree -I-v Additional Survey
Erodium macrophyllum Area:CASSA
_._."...
San Jacinto Mountains bedstraw -I-v NEPPSAGaJiU:_'!1 angustifolium ssp.jacinticum
_.._.....-_._.....--
San Miguel savory -I-v NEPPSASaturejachandleri
---._---,,_..-_._.----
shaggy-haired alumroot -1-MOD with U.S.Forest
Heuchera hirsutissima Service------_...._.,,_._._......-.
small-flowered microseris -1-Species-specific
Microseris douglasiiv'ilr:J!_{'!tycarpha objectives
small-flowered morning-glory -I-vConvolvulussimulans
_.._..__....,,_...._..."...-
smooth tarplant -I-v Additional Survey
Centromadia pungens ssp.laevis Area:CASSA
_.".-".....-----
sticky-leaved dudlcya -1-MOU with U.S.Forest
Dudleya viscida Service._.._...--.__._...--._.-
vernal barley -I-vHordeumintercedens_._-_._"._.._._....-._-,.",..._-
Wright's trichocoronis -I-v NEPPSATrichocoroniswrightiivar.wrightii .._.........-_._.
Yucaipa onion -I-v NEPPSAAlliummarvinii
Status Codes:
Table Codes:
ST -State threatened
SE -State endangered
SP -State Fully Protected
SSC-State species of concern
FT -Federally threatened
FE --Federally endangered
FP -Federally proposed threatened
FC -Federal candidate for listing
RiparianJRiverineNemal Pools
NEPPSA
Additional Survey Area
MOU with U.S Forest Service
Spccies-spccific objcctives
If impacts are unavoidable,focused surveys are required for these species within the Plan
Area in association with the implementation ofthc Protection of Species Associated with
RiparianlRiverine Areas and Vernal Pools policy.
Site specific focused surveys for narrow endemic plant specics are required in association
with thc implementation of the Protection of Narrow Endemic Plant Species
within a defined narrow endemic plant species survey area (NEPSSA).
Site specific focused surveys are required for certain species in association with the
implementation ofthe Additional Survey Needs and Procedures within defined survey
areas:Criteria Arca Species Survey Area (CASSA),Amphibian Species Survey Areas
(ASSA),Burrowing Owl Survcy Areas (BOSA),Mammal Species Survey Areas
(MSSA).
In order for these species to become a Covered Species adequately conserved,a
Memorandum of Understanding with the U.S.Forest Service will need to be executed
that addresses management for these species on Forest Service lands.
In order for these species to become a Covered Species adequately conserved,
achievement of species-specific conservation objectivcs will need to be demonstrated.
Delhi Sands flower-loving fly With the Exception of Cells 21, 22,and 55 within Area Plan Subunit Survey Area3 of the Jurupa
.Area Plan,surveys will be conducted for future projects within the approximately 5,100
acres of mapped Delhi Soils within the Plan Area (MSHCP Volume II-B,1-3 and Exhibit
12)
Attachment 3.Western Riverside MSHCP Covered Species Take Estimation by Loss of
Individuals and/or Modeled Habitat!.
LISTED CRUSTACEANS ..._-_.._..._--_._-----------,-------------1
loss of up to 25,832 acres of modeled vernal pool habitat
loss of up to 25,832 acres of modeled vernal pool habitat
t/
Riverside fairy shrimp
Streptocepha!us woottoni
.....__.-_._--------------:------------------
vernal pool fairy shrimp
Branchinecta lynchi
LISTED INSECTS
Delhi Sands flower-loving fly
Rhaphiomidas terminatus abdominalis
Until the conservation of an additional 220 acres of
modeled habitat,take will occur only within 25 percent of
occupied areas and in areas where Delhi Sands flower-
loving fly conservation is detennined to be infeasible
and the Fish and Wildlife Service concurs that
conservation of the area will not contribute to long-tenn
survival of the species;loss of up to 2,500 acres of
modeled habitat
Quino checkerspot butterfly all life stages (eggs,larvae,pupae adults)of individuals
Euphydryas edith a quino .within up to 98,839 acres of modeled habitat1----'----:,.--'--------'--------------'--------------------.-.-.
LISTED FISH
Santa Ana sucker
Catastomus santaanae
I .----------
I loss of up to 443 acres of modeled habitat
I
t/
LISTED AMPHIBIANS
arroyo toad all individuals within up to 10,564 acres of modeled
Bufo californicus .-----,_h_a_b_it_at _
California red-legged frog zero (0)individuals;loss of up to 9,052 acres of modeled
Rana aurora draytonii !habitat
·T----
;:::::_c~_:_~_O_w_-I_e_gg_e_d_fi~ro_g 1 ~:~~t~~)individuals;loss of up to 8,094 acresofmodeled
LISTED BIRDS1---------_.__._--------_._-_.--...-
I
zero (0)breeding territories;no direct mortality of adults;
loss of up to 77 acres of modeled foraging habitat_ L ._......-,-----~._...
bald eagle
Haliaeetus leucocephalus
coastal California gnatcatcher
Polioptila californica californica
least Bell's vireo
Vireo bel/ii pusil/us
southwestern willow flycatcher
Empidonax trail/ii extimus
western yellow-billed cuckoo
Coccyzus americanus occidentalis
LISTED MAMMALS
zero (0)adults or eagle nests;loss of up to 1,80 I acres of
modeled habitat
loss of up to 62,613 acres of modeled habitat
..._._-_._--_...-----------------+-
loss of up to 2,804 acres of modeled habitat
zero (0)breeding territories;no direct mortality of adults;
loss of up to 3,027 acres of modeled foraging habitat
t/
San Bernardino kangaroo rat
Dipodomys merriami parvus
all individuals within up to 4,557 acres of modeled
habitat
all individuals within up to 49,142 acres of modeled
habitat
I
__________________L
CRUSTACEANS
~~:;:r~:Z~;:~::::~~:;:ry shrimp ----::11oss of up to 342 acr~~-;-f~~deledvernal pool ha~_~:t
FISH
1 __------lV'
arroyo chub
Gila orcutti
---------------r loss of up to 638 ~~r~-s of~~~~I~d habitat
AMPHIBIANS
coast range newt
Taricha tarosa tarosa
western spadefoot
Scaphiopus hammondii
REPTILES
Belding's orange-throated whiptail
Cnemidophorus hyperythrus beldingi
coastal western whiptail
Cnemidophorus tigris multiscutatus
granite night lizard
Xantusia henshawi henshawi
granite spiny lizard
Sceloporus orcutti
northern red-diamond rattlesnake
Crotalus ruber ruber
San Bernardino mountain kingsnake
Lampropeltis zonata parvirubra
------------------------,----
all individuals within up to 35,021 acres of modeled
habitat
---------------
all individuals within up to 298,000 acres of modeled
habitat
-------------------------------
all individuals within up to 8,155 acres of modeled
habitat
all individuals within up to 10,363 acres of modeled
wetland habitat and up to 81,679 acres of modeled
upland habitat
San Diego banded gecko
Coleonyx variegatus abbottii
=------------1--------------
San Diego horned lizard
Phrynosoma coronatum blainvillei__---_._----_.
San Diego mountain kingsnake
Lampropeltis zonata pulchra
southern rubber boa
Charina bottae umbratica
southern sagebrush lizard
Sceloporus graciosus vandenburgianus
western pond turtle
Clemmys marmorata paUida
BIRDS
Bell's sage sparrow
Amphispiza belli belli
black swift (breeding)
Cypseloides niger
black-crowned night heron
Nycticorax nycticorax
.--,..
burrowing owl
Athene cunicularia hypugaea
no direct mortality of adults;loss of up to 189 acres of
modeled habitat
loss of up to 175,119 acres of modeled habitat
------_.+-_...
zero (0)adults,eggs,nestlings
no direct mortality of adults;loss of up to 3,175 acres of
modeled habitat
loss of up to 164,910 acres of modeled habitat;trapping
and/or capturing and handling of burrowing owls for
relocation efforts is authorized by the take statement
loss of up to 81,733 acres of modeled habitat
loss of up to 263,858 acres of modeled habitat
loss of up to 62,679 acres of modeled habitat
loss of up to 12,059 acres of modeled habitat
no direct mortality of adults;loss of up to 12,905 acres of
modeled habitat
l~~direct mortality of ~d~lt~-loss of up to 18,680 ~cres of '
modeled habitat
no direct mortality of adults;loss of up to 1,693 acres of
modeled habitat
cactus wren
Campylor~~nchus brunneicapillus
California homed lark
Eremophila alpestris actia
California spotted owl
Strix occidentalis occidentalis
Cooper's hawk
Accipiter cooperii
double-crested cormorant
Phalacrocorax auritus
downy woodpecker
Picoides pubescens
ferruginous hawk zero (0)adults;loss of up to 234,978 acres of modeled
Buteo regalis foraging habitat:_--------
golden eagle I no direct mortality of adults;loss of up to 177,814 acres
Aquila chrysaetos of modeled habitat'--------------_.
grasshopper sparrow
Ammodramus savannarum
loss of up to 313,519 acres of modeled habitat
no direct mortality of adults;loss of up to 3,175 acres of
modeled habitat
great blue heron
Ardea herodias
Lincoln's sparrow (breeding)
Melospiza lincolnii
loggerhead shrike loss 0_f up to 295,625 acres of modeled habitat _II _vLaniusludovicianus
Maegillivray-'-s-w-ar-b-I-er---------'----a-------I
loss of up to 232,036 acres of modeled habitatOporornistolmiei---------+--
merlin zero (0)adults;loss of up to 280,647 acres of modeled
Falco columbarius habitat
------------------
mountain plover (wintering)zero (0)adults;loss of up to 985 acres of modeled
Charadrius montanus foraging habitat
•
mountain quail
Oreortyx pictus
an nests,including eggs and chicks,within up to 66,695
acres of modeled habitat outside the Criteria Area;a
small,but undeterminable,number of active nests,
including eggs and chicks,within up to 11,620 acres
i within the Criteria Area,but outside of Additional
Reserve Lands
loss of up to 13,443 acres of modeled habitat
no direct mortality of adults;loss of up to 9,347 acres of
modeled habitat
loss of up to 231,641 acres of modeled habitat
loss of up to 232,043 acres of modeled habitat
zero (0)adults;loss of up to 237,492 acres of modeled
habitat
-------
I
loss of up to 9,347 acres of modeled habitat --f_
lo",ofup to 2]3,323 "'".of model,d habitat:----+
loss of up to 12,059 acres of modeled habitat
no direct mortality of adults;loss of up to 46 acres of
modeled nesting habitat and 174,450 acres of modeled
foraging habitat
i no direct ~;;-rt~lity of adults;I~;~of up to 321 ,50i·acres
i of modeled habitat
no direct mortality of adults;loss of up to 32 acres of
modeled nesting habitat and up to 92,536 acres of
modeled foraging habitat._---+----
no direct mortality of adults;loss of up to 375,583 acres
i.of modeled habitat
turkey vulture (breeding)
Cathartes aura
white-faced ibis
Plegadis chihi
Nashville warbler
Vermivora rujicapilla
northern goshawk
Accipiter gentilis
northern harrier (breeding).no direct mortality of adults;loss of up to 263,927 acres V"
~:~::;cya_ne_'u_s .~i :::i:::;~:~::i::of adults;los;~fup to 3'062~~resOf·....
Pandion haliaetus modeled habitat--------. .
peregrine falcon i no direct mortality of adults;loss of up to 1,668 acres of
Falcoperegrinus modeled habitat
prairi~falcon (br~eding)i z~ro (0)adults;.IO~~·Of up to 168,966 ac;~~of mOdeled··-r=-····
Falco mexicanus habitat--+-------.....-----I
purple martin loss of up to 18,680 acres of modeled habitat
Progne su_b_is .i
sharp-shinned hawk no direct mortality of adults;loss of up to 232,043 acres
Accipiter striatus of modeled habitat
--------------
So.California rufous-crowned sparrow
A imophila rujiceps canescens-_.-..__."",.
Swainson's hawk
Buteo swainsoni
trec swallow
Tachycineta bic%r
tricolored blackbird (colony)
Agelaius tricolor
white-tailed kite
Elanus leucurus
Williamson's sapsucker
Sphyrapicus thyroideus
.".....•••••0•••
Wilson's warbler
Wilsonia pusilla
yellow warbler
Dendroica petechia brewsteri
yellow-breasted chat
Icteria virens
MAMMALS
.....
.....
.....
.....i all individuals within up to 24,831 acres (25,831 acres
'with the loss of March ARB)of modeled habitat
.,--
loss of up to 165,949 acres of modeled habitat V'
i all individuals within up to 305,507 acres of modeled -+-..".:;~.~....habitat~
all individuals within up to 6,763 acres of modeled
habitat;This take is not authorized unless the conditions
for coverage in the MSHCP,Section 9 (Table 9.3,pp.9-
!22)are met and concurred with by the Service.
all individuals within up to 268,662 acres of modeled
habitat
-------
all individuals within up to 213,821 acres of modeled
habitat
northwestern San Diego pocket mouse
Chaetodipus fallaxfallax
San Bernardino flying squirrel
Glaucomys sabrinus californicus
San Diego black-tailed jackrabbit
Lepus califomicus bennettii
San Diego desert woodrat
Neotoma lepida intermedia
Dulzura kangaroo rat
Dipodomys simulans
long-tailed weasel
Mustela frenata
-----
Los Angeles pocket mouse
Perognathus longimembris brevinasus
mountain lion
Puma concolor
Aguanga kangaroo rat all individuals within up to 2,890 acres of modeled .....
Dipodomy~merriam..i_co_l_h_'n_us +habitat +
bobcat
.---+'_lo_s_S.OfUP to 325,261 acres of modeled.habitat........Lynx rufus
brush rabbit ---t:
..
loss of up to 217,740.acres of modeled h..ab.itat .I .....Sylvilagus bachmani
coyote loss of up to 464,271 acres of modeled habitat t-7V'Canis latrans
----
i all individuals within up to 143,411 acres of modeled
habitat
all individuals within up to 459,807 acres of modeled
habitat
1 Take will be in the form of harm,death,and injury.In general,modeled habitat for each individual species within
the MSHCP Plan Area was based on vegetation communities.For further details on individual species'modeled
habitat,refer to Biological Opinion (FWS-WRIV-870.19);Species by Species Evaluation.
ZFor all species with a checked box,monitoring and management activities may result in take of a small,but
undeterminable,number of individuals.
'With the exception of mountain quail,potential take of nests,eggs,or young was not evaluated for Covered bird
species due to required compliance by the Permittees with the Migratory Bird Treaty Act of 1918 prohibition on the
take of active nests.
Attachment 3.Loss of Covered Species Habitats by Vegetation Communities.
Collapsed Vegetation Catee;ory Specific Vegetation Category Acres Lost
Montane Coniferous Forest Jeffrey Pine 3962
Lodgepole Pine 1
Lower Montane Coniferous Forest 1716
Mixed Evergreen Forest 459
Southern California White Fir 481
Subalpine Coniferous 1
Montane Coniferous Forest Total 6620
Woodlands and Forest Black Oak Forest 0
Broad1eaved Upland Forest 83
Coast Live Oak Woodland 3290
Dense Engelmann Oak Woodland 1590
Oak Woodland 3885
Woodlands and Forest Total 8848
Coastal Sage Scrub Coastal Scrub 1743
Die.l!:an Coastal Sage Scrub 9068
Riversidean Sage Scrub 59142
Coastal Sage Scrub Total 69952
Riversidean Alluvial Fan Sage Scrub Disturbed Alluvial 229
Riversidean Alluvial Fan Sage Scrub 1651
Riversidean Alluvial Fan Sage Scrub
Total 1880
Desert Scrub Big Sagebrush Scrub 4264
Semi-desert Succulent Scrub 80
Sonoran Desert Scrub 121
Desert Scrub Total 4465
Chaparral Charnise Chaparral 268
Chaparral 112048
Red Shank Chaparral 24738
Semi-Desert Chaparral 15
Chaparral Total 137069
Playas and Vernal Pools Alkali Playa 977
Southern Interior Basalt Vernal Pool 7
Vernal Pool 1
Playas and Vernal Pools Total 985
Grasslands Non-native Grassland 91660
Valley and Foothill Grassland 26
Grasslands Total 91686
Riparian Scrub,Woodland,Forest Arundo/Riparian Forest 6
Montane Riparian Forest 70
Montane Riparian Scrub 0
Mule Fat Scrub 184
Riparian Forest 308
Riparian Scrub 1110
Southern Cottonwood/Willow Riparian 647
Southern Sycamore/Alder Riparian
Woodland 118
Southern Willow Scrub 769
Tamarisk Scrub 0
Riparian Scrub,Woodland,Forest Total 3212
•
Attachment 3.Loss of Covered Species Habitats by Vegetation Communities.
Collapsed Vegetation Cateeory Specific Vegetation Category Acres Lost
Meadows and Marshes Coastal and Valley Freshwater Marsh 33
Marsh 34
Meadows and Marshes Total 67
Meadow Meadow (Montane)89
Wet Montane Meadow 299
Meadow Total 387
Peninsular Juniper Woodland Peninsular Juniper Woodland and Scrub 458
Peninsular Juniper Woodland Total 458
Cismontane Alkali Marsh Cismontane Alkali Marsh 122
Cismontane Alkali Marsh Total 122
Agricultural Land Dairy &Livestock Feedyards 4906
Field Croplands 99237
Grove/Orchard 34500
Agricultural Land Total 138643
Water Open Water/ReservoirlPond 1384
Water Total 1384
Developed.Disturbed Land ResidentiallUrban/Exotic 247943
Developed,Disturbed Land Total 247943
Grand Total 713722
RESOLUTION NO. 2004-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE MAHING RESPONSIBLE AGENCY
FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR THE MULTIPLE
SPECIES HASITAT CONSERVATION PLAN/NATURAL,
COMMUNITY CONSERVATION PLAN AND APPROVING
THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN/NATURAI,
COMMUNITY CONSERVATION PLAN AND
IMPLEMENTING AGREEMENT, ADOPTING
ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACI', AND
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS -
WHEREAS, the Westem Riverside County Multiple Species Habitat Conservation Plan (the
MSHCP" or "ProjecP') is a mulb jurisdictional habitatconservation plan focusingon the conservation
of both sensitive species and their associated habitats to address biological and ecologica] cliversity and
conservation needs in Wes[em Riverside County, setting aside significant areas of undisturbed land for
the conservation of sensitive habitat while preserving open space and recreationa] opportunities; and
WI-IEREAS, the MSHCP boundaries ("MSHCP Plan Area") encompass approximately 1,966
square miles, consisting of approximately 126 million acres and include approximately 843,500 acres
of unincorporated Western Riverside County land west of the crest of the San Jacinto Mountains and
extending to the Orange County Iine, as well as approximately 372,700 acres within the jurisdicuonal
areas of the following 14 incorporated cities: Banning, Beaumont, Calimesa, Canyon Lake, Corona,
Hemet, Lake Elsinore, Moreno Valley, Mumeta, Norco, Perris, Riverside, San 7acinto, and
Temecula (collectively, "Cities"); and
WHEREAS, the MSHCP establishes a framework for compliance with State and Federal
endangered species regulations while accommodating future growth in Westem Riverside County,
including issuance of "Take" permits for certain species pursuant to Section 10(a)(1)(B) of the
federal Endangered Species Act and Section 2800, et ~. ofthe California Fish and Game Code; and
WHEREAS, the County of Riverside ("Count~'), is the lead agency pursuant to the
California Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.) and the State
CEQA Guidelines (14 CCR § 15000 et seq.); and
WHEREAS, the County determined that a joint Environmental Impact RepoN
Environmental Impact Statement ("EIIZ/EIS") should be prepared pursuant to the Califomia
Environmental Quality Act ("CEQA") and the National Environmental Quality Act ("NEPA") in
order to analyze all potential adverse environmental impacts of the Project; and
RVPU61MKS654907
WHEREAS, the Board ofSupervisors ofthe County ofRiverside, at its regulazlyscheduled
public meeting on June 17, 2003 reviewed and considered the Initial Study, Draft EIK/EIS, Final
EIR/EIS and other related documents in the record before it and by Resolution No. 2003-299,
certified the Final EIIt/EIS and adopted environmental findings and a Statement of Ovemding
Considerations; and
WHEREAB, pursuant to State CEQA Guidelines sections 15091 and 15096, sub.(h) and
CEQA, the City of Lake Elsinore ("Cit}T') is a responsible agency for the Project and must therefore
make certain findings prior to the approval of the MSHCP; and
WHEREAS, the City Council of the City, at its regularly scheduled public meeting on
Ja~uary _, 2004 independently reviewed and considered the Final EIl2/EIS and other related
documents in the record before it; and
WHEREAS, all the procedures of CEQA and the State CEQA Guidelines have been met,
and the Final EII2/EIS, prepazed in connection with the Project, is sufficiently detailed so that all the
potentially significant effects of the Project on the environment and measures necessary to avoid or
substantially lessen such effects have been evaluated in accordance with the above-referenced Act
and Guidelines; and
WI IEREAS, as contained here4n, the City has endeavored in good faith to set forth the basis
for its decision on the Project; and
WHERF.AS, all of the findings and conclusions made by the Ciry Council pursuant to this
Resolution are based upon the oral and wriuen evidence presented to it as a whole and not based
solely on the information provided in this Resolution; and
WHEREAS, prior to taking acUon, the City Council has heard, been presented with, reviewed
and considered all of the information and data presented to it, including the Draft EIR/EIS, Final
EIR/EIS and other documentation relating to the Project, and all oral and written evidence presented
to it; and
WIIEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE AS FOLLOWS:
A. The Final EIR/EIS prepared for the MSHCP is hereby received by the City
Council in the form attached hereto as Eachibit A, and incorporated herein by
this reference.
B. The City Council hereby finds and determines that the Final EII2/EIS has
been completed in compliance with CEQA and the State CEQA Guidelines
nveuewt[cswsavo~
and, and as the decision-making body for the City of Lake Elsinore, the City
Council has reviewed and considered the information contained in the Final
EIK/EIS and related documents before it and all of the environmental effects
of the MSHCP.
C. The City Council concurs with the environmental findings in County
Resotution No. 2003-299 and adopts these findings, attached hereto as
Exhibit B and incorporated herein by this reference. The City Council also
finds that there aze no additional feasible mitigation measures or altematives
within its powers that would substantially lessen or avoid any significant
effects that the MSHCP would have on the environment.
D. The City Council concurs with the statement of overriding considerations in
County Resolution No. 2003-299 and adopts the statement, and finding that
the benefits of the MSHCP outweigh the adverse environmental impacts not
reduced to below a level of significance.
E. The City Council hereby approves the MSHCP and authorizes the Mayor to
execute the MSHCP Implementation Agreement.
F. The City Council hereby auYhorizes and directs that a Notice of
Determination shall be filed with the Clerk ofthe County ofRiverside within
five (5) working days of approval of the Project
1
PASSED, APPROVED AND ADOPTED this 13thdayofJanuary, 2004.
AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY
NOES: COUNCILMEMBERS: KELLEY
ABSTAIN: COUNCILMEMBERS: NONE _
TomBucTcley;T~fayoroft ityof
Lake Elsinore
APPROVED AS TO FORM:
RVPUBVv(K3~654907
z`~i~_. . . . . ..v.-.
ir~ ~
az._..~.-~ ~. ,_.. ~ ._.
City of Lake Elsinore
RESOLUTION NO. 2025-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2021-
19 (GENERAL PLAN AMENDMENT NO. 2022-01, ZONE CHANGE NO. 2022-02,
CONDITIONAL USE PERMIT NO. 2022-17, COMMERCIAL DESIGN REVIEW NO.
2022-12, AND VARIANCE NO. 2025-08) IS CONSISTENT WITH THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
(MSHCP)
Whereas, Guy Selleck, G.E.M. Investments, LLC has filed an application with the City of
Lake Elsinore (City) requesting approval of Planning Application No. 2021-19 (General Plan
Amendment No. 2022-01, Zone Change No. 2022-02, Conditional Use Permit No. 2022-17,
Commercial Design Review No. 2022-12, and Variance No. 2025-08) to develop the 6.77-acre
vacant site in two (2) phases with two (2) new two-story commercial manufacturing warehouse
buildings totaling 92,760 square feet. Each building is proposed to be approximately 46,000
square feet and would include mezzanines, offices, and loading docks. The project is located on
Grand Avenue and Kathryn Way and includes Assessor Parcel Number 371-150-017;
Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP)
requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore
Acquisition Process (LEAP) and the Joint Project Review (JPR) to analyze the scope of the
proposed development and establish a building envelope that is consistent with the MSHCP
criteria;
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency
findings demonstrating that the proposed discretionary entitlement complies with the MSHCP
Criteria Cell, and the MSHCP goals and objectives;
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC), Section 17.415.020
(General Plan Amendments), Section 17.415.040 (Zoning Amendments), Section 17.415.070
(Conditional Use Permits), Section 17.415.050 (Major Design Review), Section 17.415.080
(Variances), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple
Applications) the Planning Commission (Commission) has been delegated with the responsibility
of making recommendations to the City Council (Council) pertaining to general plan amendments,
zone changes, conditional use permits, design reviews, and variances;
Whereas, on October 21, 2025, at a duly noticed Public Hearing, the Commission has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item, and by a resolution recommended that the Council adopt Findings
of Consistency with the MSHCP; and
Whereas, on November 18, 2025, at a duly noticed Public Hearing, the Council has
considered the recommendation of the Commission as well as evidence presented by the
Community Development Department and other interested parties with respect to this item.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The foregoing recitals are true and correct and are hereby incorporated into
these findings by this reference.
CC Reso. No. 2025-081
Page 2 of 6
Section 2: The Council has considered the Project and the recommendation of the
Commission as well as evidence presented by the Community Development Department and
other interested parties with respect to this item.
Section 3: That in accordance with the MSHCP, the Council makes the following findings
for MSHCP consistency:
1. The Project is a project under the City’s MSHCP Resolution, and the City must make an
MSHCP Consistency finding before approval.
Approximately 4.28 acres of the project site is located within an MSHCP criteria cell. Pursuant
to the City’s MSHCP Resolution, the project has been reviewed for MSHCP consistency,
including consistency with “Other Plan Requirements.” These include the Protection of
Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, §
6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional
Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines
(MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels Management
Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee
(MSHCP Ordinance, § 4).
2. The Project is subject to the City’s LEAP and the Western Riverside County Regional
Conservation Authority’s (RCA) Joint Project Review processes.
Approximately 4.28 acres of the project site is located in Criteria Cell 5038, which is in MSHCP
Elsinore Area Plan, Subunit 3 (Elsinore). Therefore, a formal and complete LEAP application,
LEAP 2022-02 was submitted to the City on January 12, 2022.The JPR application, JPR 22-
03-11-01 was submitted to the Regional Conservation Authority (RCA). The RCA completed
the review on August 19, 2022 and found the Project consistent with both the Criteria and
Other Plan Requirements.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
On November 22, 2021, Hernandez Environmental Services conducted a field survey of the
site to determine whether the project site includes riparian/riverine area or vernal pools.
The project area does not contain any streams or drainages or riparian habitat. The project
site is flat with elevations ranging from 1,272 feet AMSL in the northwest corner to 1,289 feet
AMSL, which is above the 1,265 feet AMSL limit of CDFW jurisdiction around Lake Elsinore.
No defined bed, bank, channel, or obvious shifts in vegetation that would suggest a drainage
feature occur on the site. Furthermore, no vegetation associated with riparian or wetland
habitats was found on the site. Therefore, the project site does not contain habitat that may
be considered riparian/riverine areas as defined in Section 6.1.2 of the Western Riverside
County MSHCP. Due to the lack of suitable riparian habitat on the project site, focused
surveys for riparian/riverine bird species listed in Section 6.1.2 of the MSHCP are not
warranted.
Vernal pools are seasonal depressional wetlands that occur under Mediterranean climate
conditions of the west coast and in glaciated conditions of northeastern and midwestern
states. They are covered by shallow water for variable periods from winter to spring but may
be completely dry most of the summer and fall. Vernal pools are usually associated with hard
clay layers or bedrock, which helps keep water in the pools. Vernal pools and seasonal
CC Reso. No. 2025-081
Page 3 of 6
depressions usually are dominated by hydrophytic plans, hydric soils, and evidence of
hydrology.
The entire site was evaluated for the presence of habitat capable of supporting branchiopods.
The site was evaluated as described in the USFWS Survey Guidelines for the Listed Large
Branchiopods (May 31, 2016). The project area is primarily comprised of sandy loams. The
onsite soils do not allow for water pooling on the site for any significant length of time after
rain events. No vernal pools, swales, or vernal pool mimics such as ditches, borrow pits, cattle
troughs, or cement culverts with signs of pooling water were found on the site. In addition, the
site does not contain areas that showed signs of ponding water, hydrophytic vegetation, or
soils typical of vernal pools that would be suitable for large branchiopods.
The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool
Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section
of the MSHCP is required.
4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.
Approximately four acres of the project site are located within the Narrow Endemic Plant
Species Survey Area (NEPSSA). The species in this survey area include the following Narrow
Endemic Plant Species: Munz's onion (Allium munzii), San Diego ambrosia (Ambrosia
pumila), Many-stemmed dudleya (Dudleya multicaulis), Spreading navarretia (Navarretia
fossalis), California Orcutt grass (Orcuttia californica), Hammitt's clay-cress (Sibaropsis
hammittii), and Wright's trichocoronis (Trichocoronis wrightii).
On November 22, 2021, Hernandez Environmental Services conducted a field survey of the
site to determine whether the project site contains suitable habitat for narrow endemic plant
species. It was determined that the project site is continually disturbed by the use of motor
vehicles and the storage of large materials. No suitable habitat for the above-listed Narrow
Endemic Plant Species is present on the site.
The proposed project is therefore consistent with the Protection of Narrow Endemic Plant
Species Guidelines.
5. The Project is consistent with the Additional Survey Needs and Procedures.
The MSHCP requires additional surveys for certain species if the project is located in certain
locations. Pursuant to MSHCP Figure 6-2 (Criteria Area Species Survey Area), Figure 6-3
(Amphibian Species Survey Areas with Criteria Area), Figure 6-4 (Burrowing Owl Survey
Areas with Criteria Area), and Figure 6-5 (Mammal Species Survey Areas With Criteria Area),
burrowing owl surveys and surveys for Criteria Area species are required for the subject
property prior to approval of a development proposal.
Criteria Area Species
The species in this survey area include the following Criteria Area Species: San Jacinto Valley
Crownscale (Atriplex coronata var. notatior), Parish's brittlescale (Atriplex parishii), Davidson's
saltscale (Atriplex serenana davidsonii), Thread-leaved brodiaea (Brodiaea filifolia), Round-
leaved filaree (Californica macrophylla), Smooth tarplant (Centromadia pungens ssp. laevis),
Coulter's goldfields (Lasthenia galbrata var. coulteri), little mousetail (Myosurus minimus var.
apus).
CC Reso. No. 2025-081
Page 4 of 6
Approximately 4.28 acres of the project site are located within the survey area for Criteria Area
Species. The above-listed Criteria Area Species were not observed on the Project site during
the November 22, 2021 field survey. Although a very small amount (0.01 acre) of Traver soils,
which are known to retain moisture, are mapped within the northern portion of the site, this
area consists of a slope containing artificial fill and debris. It was determined that suitable
habitat for these species does not exists on the Project site.
Burrowing Owl
A burrowing owl (Athene cunicularia) habitat assessment was conducted by Hernandez
Environmental Services during its November 2021 field survey of the project site. The habitat
assessment conducted for this species found that the project site is continually disturbed by
the use of motor vehicles on site. No suitable habitat is present on the site due to the lack of
small mammal burrows and manmade structures that could be utilized a s burrows, such as
earthen berms; cement, asphalt, rock, or wood debris piles; or openings beneath cement or
asphalt pavement. No suitable burrowing owl habitat occurs on site. This species is not
present.
Nevertheless, as a mitigation measure for the proposed project, the City of Lake Elsinore will
require a pre-construction presence/absence survey for burrowing owl to be conducted within
30 days of the commencement of project-related grading or other land disturbance activities
including vegetation clearing, clearing and grubbing, tree removal, or site water, to ensure that
the species has not moved onto the site since completion of the surveys. If burrowing owl
have colonized the property site prior to the initiation of construction, the Project proponent
shall immediately inform the Wildlife Agencies and the RCA, and prepare a Burrowing Owl
Protection and Relocation Plan for approval by RCA and the Wildlife Agencies, prior to
initiating ground disturbance. Additionally, if ground-disturbing activities occur, but the site is
left undisturbed for more than 30 days, a pre-construction survey will again be necessary to
ensure burrowing owl have not colonized the site since it was last disturbed. If burrowing owl
are found, the same coordination described above will be necessary.
Therefore, the subject project is consistent with the Additional Survey Needs and Procedures
of the MSHCP.
6. The Project is consistent with the Urban/Wildlands Interface Guidelines.
Section 6.1.4 addresses potential indirect impacts to the MSHCP Conservation Area via the
Urban Wildland Interface Guidelines. As the Project is urban in nature and is located near the
Western Riverside County Regional Conservation Authority (RCA) conserved lands, the
Project must comply with all MSHCP Urban/Wildland Interface Guidelines (UWIG) as set forth
in Section 6.1.4 of the MSHCP.
7. The Project is consistent with the Vegetation Mapping requirements.
On November 22, 2021, Hernandez Environmental Services conducted a field survey of the
project site. The field survey identified plant and animal species found on the project site.
The project site contains approximately 0.05 acre of habitat dominated by Tamarisk (Tamarix
sp.). This habitat is located at the northwest corner of the site. The project site contains
approximately 6.71 acres of habitat classified as disturbed. These areas are graded and
predominantly unvegetated. The only vegetation present within these areas includes
CC Reso. No. 2025-081
Page 5 of 6
scattered ornamental trees including tree of heaven (Ailanthus altissima) and gum tree
(Eucalyptus sp.).
This mapping is sufficient under the MSHCP and is consistent with the MSHCP vegetation
mapping requirements.
8. The Project is consistent with the Fuels Management Guidelines.
Section 6.4 of the MSHCP requires that new developments adjacent to the MSHCP
Conservation Area or other undeveloped lands incorporate any fuel/brush management zones
and Best Management Practices.
The Project will required to incorporate the BMPs outlined in Volume I, Appendix C of the
MSHCP as part of the development pursuant to regulatory and/or County requirements.
Therefore, the Project is consistent with the Fuels Management Guidelines as set forth in
Section 6.4 of the MSHCP.
9. The Project will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee.
As a condition of approval, the Project will be required to pay the City’s MSHCP Local
Development Mitigation Fee at the time of issuance of building permits.
10. The Project is consistent with the MSHCP.
Approximately 4.28 acres of the project site is located in the southern portion of Criteria Cell
5038, which is in MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). The balance of the project
site is not located within either a criteria cell or Subunit 3. Target conservation in Criteria Cell
5038 will range from 35%-45% of the Cell focusing in the eastern central portion of the Cell.
Conservation within this Cell will focus on grassland habitat. Areas conserved within this Cell
will be connected to grassland habitat proposed for conservation in Cell #5036 to the east.
The project site does not contain the grassland habitat sought for conservation in Criteria Cell
5036. Further, the site is not located within the eastern central portion of Crit eria Cell 5038
which would provide a connection to Criteria Cell 5036 to the east. Therefore, conservation of
the project the site would not contribute to the conservation goals of the Criteria Cell due to
the absence of grassland habitat with connectivity to grassland habitat within Criteria Cell
5036 to the east. The proposed project is consistent with the MSHCP.
Section 4: Based upon the evidence presented, both written and testimonial, and the
above findings, the Council hereby finds that the Project is consistent with the MSHCP.
Section 5: This Resolution shall take effect immediately upon its adoption.
Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolutions.
CC Reso. No. 2025-081
Page 6 of 6
Passed and Adopted on this 18th day of November, 2025.
Brian Tisdale
Brian Tisdale
Mayor
Attest:
Candice Alvarez, MMC ___________________________________
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2025-081 was adopted by the City Council of the City of Lake Elsinore, California,
at a regular meeting held on November 18, 2025, and that the same was adopted by the following
vote:
AYES: Council Members Manos and Sheridan; Mayor Pro-Tem Magee; and Mayor Tisdale
NOES: None
ABSTAIN: None
ABSENT: None
Candice Alvarez, MMC
Candice Alvarez, MMC
City Clerk