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
...y 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)....
...ter of each application for [an incidental take permit]. 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."); 50 C.F.R. § 17.32 (b)(1)(ii); see, e.g., Notice of Receipt of an Application for an Incidental Take Permit, 61 Fed.Reg....
...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. §
17.32 ....
...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....
...s 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)....
...§
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. §
17.21 , the regulatory version of the 'take' prohibition], ... for the incidental taking of endangered wildlife."); 50 C.F.R. §
17.32 (same with regard to threatened wildlife); Hawksbill Sea Turtle v....
...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
...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
taking of endangered wildlife."); 50 C.F.R. §
17.32 (same with regard to threatened wildlife);
Hawksbill Sea Turtle v....
...publish notice in the Federal Register of each application for [an incidental take permit]. 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."); 50 C.F.R. § 17.32(b)(1)(ii);
see, e.g., Notice of Receipt of an Application for an Incidental Take Permit, 61 Fed.Reg....
...§ 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. §
17.32.
Additionally,
[t]he authorizations on the face of a permit which set forth specific times, dates, places,
methods of taking, numbers and kinds of wildlife or plants, 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 permit similar or related matters outside
the scope of strict construction.
50 C.F.R....
...atory 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....
...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)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...§
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. §
17.21, the regulatory version of the ‘take’ prohibition], . . . for the
incidental taking of endangered wildlife.”); 50 C.F.R. §
17.32 (same with regard to threatened
wildlife); Hawksbill Sea Turtle v....
...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....
...f each application for [an incidental take
permit]. 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.”); 50
C.F.R. § 17.32(b)(1)(ii); see, e.g., Notice of Receipt of an Application for an Incidental Take
fish and wildlife “currently under the jurisdiction of the Secretary of Commerce[,]” including
“sea turtles while the turtles are in the water”); Ramsey v....
...§
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. §
17.32.
Additionally,
[t]he authorizations on the face of a permit which set forth specific
times, dates, places, methods of taking, numbers and kinds of
wildlife or plants, location of activity,...
...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....
...ween 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....
...ce 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)....
