FWS Increases Permit/License Application Fees, Etc. Effective May 11, 2005
The Fish and Wildlife Service (FWS) has issued a final rule, effective May 11, 2005, which amends the regulations in 50 CFR Parts 13 and 21 by revising the schedule of fees for permit/license (permit) applications submitted to FWS' Divisions of Migratory Bird Management, Endangered Species, Law Enforcement, and Management Authority.
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The final rule also amends these regulations on permit renewals and amendments (see below), and updates permit-related FWS addresses, among other things.
Permit Applications Postmarked as of May 11, 2005 Require Increased Fee
According to a FWS Office of Law Enforcement notice, all permit applications postmarked as of May 11, 2005 must be accompanied by payments based on the new fee schedule.
Examples of New Permit Fees Effective May 11, 2005
The following is a sampling of permits (which are related to the Endangered Species Act (ESA)/Convention on International Trade in Endangered Species (CITES)/Lacey Act) that will have the following application and amendment fees effective May 11, 2005:
| Type of Permit | Application Fee | Amendment Fee |
|---|---|---|
| CITES Re-Export | $75 | $40 |
| CITES Appendix II Export (native furbearers and alligators - excluding live animals) | $100 | $50 |
| Import/Export License | $100 | $50 |
| Designated Port Exception | $100 | $50 |
(See 50 CFR 13.11(d) in FWS' final rule for a complete list of the permit application/amendment fees, which includes additional permits related to the ESA/CITES/Lacey Act, as well as permits related to the Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, Wild Bird Conservation Act (WBCA) and Marine Mammal Protection Act.)
Currently, 50 CFR 13.11(d) sets forth a standard $25 fee for processing any application, except for four types of permits which have a non-standard fee (e.g., the Import/Export License (50 CFR 14.93) has a $50 application fee).
Permit Amendments
According to the final rule, FWS will now charge a fee for substantive amendments made to permits within the time period that the permit is still valid. FWS states that this fee will generally be half the original fee assessed at the time that the permit is processed.
FWS notes that substantive amendments are those that pertain to the purpose and conditions of the permit and are not purely administrative.
Permit Renewals
FWS states that except as specifically noted in revised 50 CFR 13.11(d)(4), a permit renewal is an issuance of a new permit. Therefore, applicants for permit renewal must pay the appropriate application fee.
FWS contact - Brian Millsap (703) 358-1714
FWS final rule (FR Pub 04/11/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-7127.pdf
FWS Office of Law Enforcement notice (dated 04/14/05) available at http://www.fws.gov/le/PBImportExportFeeIncrease.htm
U.S. Customs and Border Protection (CBP) administrative message (dated 04/18/05) available by emailing a request to documents@brokerpower.com.