CopyCited 50 times | Published | Court of Appeals for the Eleventh Circuit | 41 Fed. R. Serv. 3d 563, 28 Envtl. L. Rep. (Envtl. Law Inst.) 21546, 47 ERC (BNA) 1014, 1998 U.S. App. LEXIS 17754
...8 Service regulations further instruct the applicant to include a "complete description of the activity sought to be authorized" and "[t]he 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[.]" 50 C.F.R. § 17.22 (b)(1)(i)-(ii) (endangered wildlife); 50 C.F.R....
...§
17.32 (b)(1)(iii)(A)-(B) (threatened wildlife). 20 Upon receiving a complete application package, the Service must publish notice in the Federal Register and provide the public an opportunity to comment on whether the Service should issue the permit. 16 U.S.C. § 1539 (a)(2)(B); 50 C.F.R. §
17.22 ("The Director [of the Service] shall publish notice in the Federal Register of each application for [an incidental take permit]....
...25 (v) the measures, if any, required under [ 16 U.S.C. § 1539 (a)(2)(A)(iv) ] will be met; [and] 26 [the Service] has received such other assurances as [it] may require that the [habitat conservation plan] will be implemented[.] 27 16 U.S.C. § 1539 (a)(2)(B); 50 C.F.R. §
17.22 (b)(2); 50 C.F.R. §
17.32 (b)(2). 9 28 An incidental take permit "may authorize a single transaction, a series of transactions, or a number of activities over a specific period of time." 50 C.F.R. §
17.22 ; 50 C.F.R....
...66 The statutory dividing line between activities sought to be permitted and mitigatory measures is further reinforced in the Service's regulations. The Service requires applicants to describe completely "the activity sought to be authorized." 50 C.F.R. §§
17.22 (b)(1)(i),
17.32(b)(1)(iii)(A) (emphasis added); see also 50 C.F.R....
...§
222.22 (b)(4) (incidental take permit applications to the National Marine Fisheries Service must include a "detailed description of the proposed activity ") (emphasis added). 10 The incidental take permit, in turn, "may authorize a single transaction, a series of transactions, or a number of activities [.]" 50 C.F.R. §§
17.22 ,
17.32 (emphasis added)....
...tween authorized activities and mitigatory measures. In its initial application to the Service, Volusia County "complete[ly] describ[ed] ... the activity sought to be authorized" as "vehicular access to Volusia County beaches[.]" (Citing 50 C.F.R. §§ 17.22 (b)(1)(i).) A follow-up letter from a Service official acknowledging receipt of the application summarized that Volusia County sought "a permit to cover any incidental take of sea turtles that may occur on Volusia County beaches ......
...Because this case involves sea turtles on land, the Fish and Wildlife Service served as the issuing agency on behalf of the Secretary of the Interior. See 50 C.F.R. § 222.23 (a) ("[T]he U.S. Fish and Wildlife Service has jurisdiction for sea turtles while the turtles are on land."); 50 C.F.R. § 17.22 ("[T]he Director [of the Fish and Wildlife Service] may issue a permit authorizing any activity otherwise prohibited by [ 50 C.F.R....
...mitting Process, 61 Fed.Reg. 63854 (1996) 9 The applicant must also be free of disqualifying factors, such as prior criminal or civil violations of federal wildlife statutes. See 50 C.F.R. § 13.21 (b)-(c) (incorporated by reference into 50 C.F.R. §§
17.22 (b)(2),
17.32(b)(2)) 10 Although the National Marine Fisheries Service did not issue the permit in this case, its regulations are substantially similar to those of the Fish and Wildlife Service 11 We recognize that some language in this informal publication potentially contradicts our holding....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...Because this case involves sea
turtles on land, the Fish and Wildlife Service served as the issuing agency on behalf of the
Secretary of the Interior. See 50 C.F.R. § 222.23(a) ("[T]he U.S. Fish and Wildlife Service has
jurisdiction for sea turtles while the turtles are on land."); 50 C.F.R. § 17.22 ("[T]he Director [of
the Fish and Wildlife Service] may issue a permit authorizing any activity otherwise prohibited
by [50 C.F.R....
...§ 1539(a)(2)(A).8 Service regulations further instruct the applicant to include a
"complete description of the activity sought to be authorized" and "[t]he 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[.]" 50 C.F.R. § 17.22(b)(1)(i)-(ii) (endangered wildlife); 50 C.F.R....
...§ 1539(a)(2)(A) with, e.g., Notice
of Availability of Final Handbook for Habitat Conservation Planning and Incidental Take
Permitting Process, 61 Fed.Reg. 63854 (1996).
10
issue the permit. 16 U.S.C. § 1539(a)(2)(B); 50 C.F.R. § 17.22 ("The Director [of the Service] shall
publish notice in the Federal Register of each application for [an incidental take permit]....
...(v) the measures, if any, required under [16 U.S.C. § 1539(a)(2)(A)(iv) ] will be met; [and]
[the Service] has received such other assurances as [it] may require that the [habitat
conservation plan] will be implemented[.]
16 U.S.C. § 1539(a)(2)(B); 50 C.F.R. §
17.22(b)(2); 50 C.F.R. §
17.32(b)(2).9
An incidental take permit "may authorize a single transaction, a series of transactions, or a
number of activities over a specific period of time." 50 C.F.R. §
17.22; 50 C.F.R....
..., location of activity, authorize
9
The applicant must also be free of disqualifying factors, such as prior criminal or civil
violations of federal wildlife statutes. See 50 C.F.R. § 13.21(b)-(c) (incorporated by reference
into 50 C.F.R. §§
17.22(b)(2),
17.32(b)(2)).
11
certain circumscribed transactions, or otherwise permit a specifically limited matter, are to
be strictly construed and shall not be interpreted to p...
...permitted and mitigatory measures
is further reinforced in the Service's regulations. The Service requires applicants to describe
17
completely "the activity sought to be authorized." 50 C.F.R. §§
17.22(b)(1)(i),
17.32(b)(1)(iii)(A)
(emphasis added); see also 50 C.F.R....
...§
222.22(b)(4) (incidental take permit applications to the
National Marine Fisheries Service must include a "detailed description of the proposed activity ")
(emphasis added).10 The incidental take permit, in turn, "may authorize a single transaction, a series
of transactions, or a number of activities [.]" 50 C.F.R. §§
17.22,
17.32 (emphasis added)....
...een authorized activities and mitigatory measures.
In its initial application to the Service, Volusia County "complete[ly] describ[ed] ... the activity
sought to be authorized" as "vehicular access to Volusia County beaches[.]" (Citing 50 C.F.R. §§
17.22(b)(1)(i).) A follow-up letter from a Service official acknowledging receipt of the application
summarized that Volusia County sought "a permit to cover any incidental take of sea turtles that may
occur on Volusia County beaches ......
CopyPublished | Court of Appeals for the Eleventh Circuit
...Because this case
involves sea turtles on land, the Fish and Wildlife Service served as the issuing agency on behalf
of the Secretary of the Interior. See 50 C.F.R. § 222.23(a) (“[T]he U.S. Fish and Wildlife
Service has jurisdiction for sea turtles while the turtles are on land.”); 50 C.F.R. § 17.22 (“[T]he
Director [of the Fish and Wildlife Service] may issue a permit authorizing any activity otherwise
prohibited by [50 C.F.R....
...§ 1539(a)(2)(A).8 Service regulations further instruct the
applicant to include a “complete description of the activity sought to be authorized” and “[t]he
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[.]” 50 C.F.R. § 17.22(b)(1)(i)-(ii) (endangered
wildlife); 50 C.F.R....
...§
17.32(b)(1)(iii)(A)-(B) (threatened wildlife).
Upon receiving a complete application package, the Service must publish notice in the
Federal Register and provide the public an opportunity to comment on whether the Service
should issue the permit. 16 U.S.C. § 1539(a)(2)(B); 50 C.F.R.§
17.22 (“The Director [of the
Service] shall publish notice in the Federal Register of each application for [an incidental take
permit]....
...§
1539(a)(2)(A)(iv)] will be met; [and]
[the Service] has received such other assurances as [it] may require
that the [habitat conservation plan] will be implemented[.]
16 U.S.C. § 1539(a)(2)(B); 50 C.F.R. §
17.22(b)(2); 50 C.F.R. §
17.32(b)(2).9
An incidental take permit “may authorize a single transaction, a series of transactions, or
a number of activities over a specific period of time.” 50 C.F.R. §
17.22; 50 C.F.R....
...Such express authority, if
9
The applicant must also be free of disqualifying factors, such as prior criminal or civil
violations of federal wildlife statutes. See 50 C.F.R. § 13.21 (b)-(c) (incorporated by reference
into 50 C.F.R. §§
17.22(b)(2),
17.32(b)(2)).
12
it exists, can be found only within the four corners of the permit....
...The statutory dividing line between activities sought to be permitted and mitigatory
measures is further reinforced in the Service’s regulations. The Service requires applicants to
describe completely “the activity sought to be authorized.” 50 C.F.R. §§
17.22(b)(1)(i),
17.32(b)(1)(iii)(A) (emphasis added); see also 50 C.F.R....
...eries Service must include a “detailed description of the
proposed activity”) (emphasis added).10 The incidental take permit, in turn, “may authorize a
single transaction, a series of transactions, or a number of activities[.]” 50 C.F.R. §§
17.22,
17.32 (emphasis added)....
...zed activities and mitigatory
measures. In its initial application to the Service, Volusia County “complete[ly] describ[ed] . . .
the activity sought to be authorized” as “vehicular access to Volusia County beaches[.]” (Citing
50 C.F.R. §§ 17.22(b)(1)(i).) A follow-up letter from a Service official acknowledging receipt of
the application summarized that Volusia County sought “a permit to cover any incidental take of
sea turtles that may occur on Volusia County beaches ....
