animals taken for public display, which shall include the fee for permit issuance. The fee is based upon a reasonable approximation of the costs involved in labor, supervision, administration, and overhead. The Director may change the amount of the fee at any time he determines that a different fee is reasonable. A change in fee may be accomplished by publication in the FEDERAL REGISTER of the new amount, without the necessity of amending these regulations. § 215.12 Public display permits. (a) The Director may issue permits authorizing the possession and transportation of fur seals for public display. Any person desiring to obtain such a permit may make application to the Director. The sufficiency of the application shall be determined by the Director and, in that connection, he may waive any requirement for information, or require any elaboration or further information deemed necessary. The information requested will be used as the basis for determining whether an application is complete and whether a public display permit should be issued. An original and two copies of the complete application shall be submitted to the Director, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, Washington, D.C. 20235. Assistance in preparing the application may be obtained by writing the above address to the attention of the Marine Mammals and Endangered Species Division, or by calling the Marine Mammals and Endangered Species Division, in Washington, D.C. (a/c 202/634-7529). In preparing an application for a public display permit, provide the following information: (1) Title: Application for Public Display Permit pursuant to the Fur Seal Act of 1966; (2) List the date of the application. (3) If the applicant is a partnership or a corporate entity, set forth the details. If the fur seal to be displayed is to be displayed by a party in addition to the applicant, set forth the name of the party and such other information as would be required if such party were an applicant. (4) Provide a statement on the purpose of the proposed display, including a brief description of: (i) The need for the fur seal(s); (ii) How they will be used. (5) Provide a description of each animal desired, including the age, sex, and size; and a list of the desired dates of delivery. (6) Describe the manner of transportation of fur seals including: (i) Mode of transportation; (ii) Name of transportation company; (iii) Length of time in transit for the transfer of the animals from the capture site to the display facility; (iv) Length of time in transit for any future move or transfer of the animals that is planned; (v) The qualifications of the common carrier or agent used for the transportation of the animals; (vi) A description of the pen, container, cage, cradle, or other devices used to hold the animal before and during transportation; and (vii) Special care before and during transportation, such as salves, antibiotics and moisture. (7) Describe the contemplated care and maintenance of any fur seal sought, including a complete description of the the facilities where such animals will maintained or displayed, including: (i) The dimensions of the pools or other holding facilities, and the number of animals by species to be held in each; (ii) The water supply, amount, and quality; (iii) The diet, amount and type for all animals; (iv) Sanitation practices used; (v) Qualifications and experience of the staff; and (vi) A written certification from a licensed veterinarian knowledgeable in the field of marine mammals that he has personally reviewed the arrangements for transporting and maintaining the animal(s) and that in his opinion they are adequate to provide for the well-being of the animal(s). (8) Provide a detailed description of the proposed display, including: (i) A description of the manner, location and number of times per day and per week the animal(s) will be displayed; (ii) An indication as to whether the display is for profit; (iii) An estimate of numbers and types of people who it is estimated will benefit by such display; (iv) A list of any educational or scientific programs connected to the contemplated display; and (v) A description of the applicant's enterprise and its connections with any governmental, educational, medical, or other scientific entities. (9) For the year preceding the date of this application, provide the following: (i) A list of all marine mammals captured, transported or maintained for any purpose by or on behalf of the applicant; (ii) The numbers of mortalities among such mammals, by species, by date and location of such mortalities; (iii) The cause(s) of any such mortalities including when available copies of post-mortem reports; and (iv) The steps which have been taken by the applicant to avoid or reduce such mortalities. (10) A certification in the following language: I hereby certify that the foregoing information is complete, true, and correct to the best of my knowledge and belief. I understand that this information is submitted for the purpose of obtaining a permit under the Fur Seal Act of 1966 and regulations promulgated thereunder, and that any false statement may subject me to the criminal penalties of 18 U.S.C. 1001. (11) The applicant must sign the application. (b) Upon receipt of an application for a public display permit, the Director shall forward the application to the Marine Mammal Commission together with a request for the recommendations of the Commission and the Committee of Scientific Advisors on Marine Mammals on the permit application. In order to comply with the time limits provided in these regulations, the Director shall request that such recommendation be submitted within 30 days of receipt of the application by the Commission. If the Commission or the Committee, as the case may be, does not respond within 30 days from the receipt of such application by the Commission, the Director shall advise the Commission in writing that failure to respond within 45 days from original receipt of the application (or such longer time as the Director may establish) shall be considered as a recommendation from the Commission and the Committee that the permit be issued. The Director may also consult with any other person, institution or agency concerning the application. (c) Permits applied for under this section shall be issued, suspended, modified or revoked pursuant to § 215.13. In determining whether to issue a public display permit, the Director shall, among other criteria, consider whether the proposed taking will be consistent with the policies and purposes of the Act: whether a substantial public benefit will be gained from the display contemplated, taking into account the manner of the display and the anticipated audience on the one hand, and the effect of the proposed taking and the marine ecosystem on the other; and the applicant's qualifications for the proper care and maintenance of and the adequacy of his facilities. (d) Permits applied for under this section shall contain terms and conditions as the Director may deem appropriate, including: (1) The methods of transportation, care and maintenance to be used with live marine mammals; (2) Any requirements for reports or rights of inspection with respect to any activities carried out pursuant to the permit; (3) The transferability or assignability of the permit; and (4) The sale or other disposition of the fur seal and its progeny. § 215.13 Procedures for the issuance, modification, suspension or revocation of permits. (a) Whenever a complete application for a permit is received by the Direc tor, he shall, as soon as practicable, publish a notice thereof in the FEDERAL REGISTER. Such notice shall set forth a summary of the information contained in the application. Any interested party may, within 30 days after the date of publication of the notice, submit to the Director his written data or views with respect to the taking proposed in such application and may request a hearing in connection with the action to be taken thereon. (b) If a request for a hearing is made within the 30-day period referred to in paragraph (a) of this section, or if the Director determines that a hearing would otherwise be advisable, the Director may, within 60 days after the date of publication of the notice referred to in paragraph (a) of this section, afford to such requesting party or parties an opportunity for a hearing. Such hearing shall also be open to participation by any interested members of the public. Notice of the date, time, and place of such hearing shall be published in the FEDERAL REGISTER not less than 15 days in advance of such hearing. Any interested person may appear in person or through representatives at the hearing and may submit any relevant material, data, views, comments, arguments, or exhibits. A summary record of the hearing shall be kept. (c) As soon as practicable but not later than 30 days after the close of the hearing (or if no hearing is held, as soon as practicable after the end of the 30 days succeeding publication of the notice referred to in paragraph (a) of this section) the Director shall issue or deny issuance of the permit. Notice of the decision of the Director shall be published in the FEDERAL REGISTER within 10 days after the date of the issuance or denial and indicate where copies of the permit, if issued, may be obtained. (d) Any permit shall be subject to modification, suspension or revocation by the Director in whole or in part in accordance with these regulations and the terms of such permits. The permittee shall be given written notice by registered mail, return receipt requested, of any proposed modification, sus pension, or revocation. Such notice shall specify: (1) The action proposed to be taken and a summary of the reasons therefore; (2) The steps, if any, which the permittee may take to demonstrate or achieve compliance with all lawful requirements; (3) Shall advise the permittee that he is entitled to a hearing thereon, if a written request for such a hearing is received by the Director within 10 days after the date of receipt of the aforesaid notice or such other date as may be specified in the notice to the permittee. The time and place for the hearing, if requested by the permittee, shall be determined by the Director and written notice thereof given to the permittee by registered mail, return receipt requested, not less than 15 days prior to the date of the hearing. The Director may, in his discretion, allow participation at the hearing by interested members of the public. The permittee and others participating may submit all relevant material, comments and briefs at the hearing. A summary record shall be kept of the hearing. (e) The Director shall make a determination regarding the proposed modification, suspension or revocation as soon as practicable after the close of the hearing or if no hearing is held as soon as practicable after the close of the 10-day period during which a hearing could have been requested. Notice of the Director's decision to modify, suspend or revoke shall be published in the FEDERAL REGISTER as soon as practicable. (f) Any permittee shall have the opportunity to request modification of a permit. An application to modify a permit shall contain, to the extent relevant, the information requested in § 215.13. An application to modify a permit shall be processed in accordance with this section. § 215.14 Possession of permits. (a) Any permit issued under these regulations must be in the possession of the permittee or his authorized representative who accompanies the tran sit of a fur seal for which the permit was issued. (b) A duplicate copy of the permit must be physically attached to the container, package, enclosure, or other means of containment in which the fur seal is placed for the purpose of storage, transit, supervision or care. Subpart C-Administration § 215.21 Visits to fur seal rookeries. From June 1 to October 15 of each year, no person, except those authorized by a representative of the National Marine Fisheries Service, or accompanied by an authorized employee of the National Marine Fisheries Service, shall approach any fur seal rookery or hauling grounds nor pass beyond any posted sign forbidding passage. § 215.22 Dogs prohibited. In order to prevent molestation of fur seal herds, the landing of any dogs at Pribilof Islands is prohibited. § 215.23 Importation of birds or mammals. No mammals or birds, except household cats, canaries and parakeets, shall be imported to the Pribilof Islands without the permission of an authorized representative of the National Marine Fisheries Service. § 215.24 Reindeer and foxes. (a) The reindeer herd on St. Paul Island is Government-owned. When it is determined that a surplus exists, hunting will be allowed to the extent of the surplus. (b) Foxes may be hunted or trapped when prime during the months of December and January by holders of trapping licenses issued by the State of Alaska. § 215.25 Walrus and Otter Islands. By Executive Order 1044, dated February 27, 1909, Walrus and Otter Islands were set aside as bird reservations. All persons are prohibited to land on these islands except those authorized by the appropriate representative of the National Marine Fisheries Service. § 215.26 Local regulations. Local regulations will be published from time to time and will be brought to the attention of local residents and persons assigned to duty on the Islands by posting in public places and brought to the attention of tourists by personal notice. § 215.27 Wildlife research. (a) Wildlife research, other than research on North Pacific fur seals, including specimen collection, may be permitted on the Pribilof Islands subject to the following conditions: (1) Any person or agency, seeking to conduct such research shall first obtain any Federal or State of Alaska permit required for the type of research involved. (2) Any person seeking to conduct such research shall obtain prior approval of the Director, Pribilof Islands Program, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, 1700 Westlake Avenue North, Seattle, Wash. 98109, by filing with the Director an application which shall include: (i) Copies of the required Federal and State of Alaska permits; and (ii) A resume of the intended research program. (3) All approved research shall be subject to all regulations and administrative procedures in effect on the Pribilof Islands, and such research shall not commence until approval from the Director is received. (4) Any approved research program shall be subject to such terms and conditions as the Director, Pribilof Islands Program deems appropriate. (5) Permission to utilize the Pribilof Islands to conduct an approved research program may be revoked by the Director, Pribilof Islands Program at any time for noncompliance with any terms and conditions, or for violations of any regulation or administrative procedure in effect on the Pribilof Islands. [43 FR 5521, Feb. 9, 1978] 216.76 Direct Testimony Submitted Written Documents. 216.77 Mailing Address. 216.78 Inspection and Copying of Docu ments. 216.79 Ex parte Communications. 216.80 Prehearing Conference. 216.81 Final Agenda of the Hearing. 216.82 Determination to Cancel the Hearing. 216.83 Rebuttal Testimony and New Issues of Fact in Final Agenda. 216.84 Waiver of Right to Participate. 216.88 Oral and Written Arguments. 216.89 Recommended Decision, Certification of the transcript and submission of comments on the recommended decision. 216.90 Director's Decision. Subpart H-Approval and Review of State Laws and Regulations 216.101 Purpose of regulations. 216.102 Scope. 216.103 Review of state laws and regulations-General. 216.104 Review of state laws and regulations implementing waiver. 216.105 Approval of state laws and regulations-Criteria. 216.106 Review of approved state laws and regulations. 216.107 Notification. 216.108 Enforcement. 216.109 [Reserved] Appendix AUTHORITY: Title I of the Marine Mammal Protection Act of 1972, 86 Stat. 1027 (16 U.S.C. 1361-1407), Pub. L. No. 92-522. SOURCE: 39 FR 1852, Jan. 15, 1974, unless otherwise noted. |