arguments with respect to the taking, importation, or other action proposed in the 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) Except as provided in Subpart D of 15 CFR Part 904, 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) If a permit is issued, the Director shall publish notice thereof in the FEDERAL REGISTER, including his finding that (1) such permit was applied for in good faith, (2) if granted and exercised will not operate to the disadvantage of such endangered species, and (3) will be consistent with the purposes and policy set forth in section 2 of the Endangered Species Act of 1973. (e) The Director may waive the thirty-day period in an emergency situation where the health or life of an endangered animal is threatened and no reasonable alternative is available to the applicant, but notice of any such waiver shall be published by the Director in the FEDERAL REGISTER within ten days following the issuance of the certificate of exemption or permit. The requirements of this section pertain solely to the permits issued pursuant to § 222.23. [39 FR 41375, Nov. 27, 1974, as amended at 42 FR 28139, June 2, 1977; 49 FR 1042, Jan. 6, 1984] § 222.25 Applications for modification of permit by permittee. Where circumstances have changed so that an applicant or permittee desires to have any term or condition of his application or permit modified, he must submit in writing full justification and supporting information in conformance with the provisions of this part and the part under which the permit has been issued or requested. Such applications for modification are subject to the same issuance criteria as are original applications, as provided in § 222.23(c). § 222.26 Amendment of permits by NMFS. All permits are issued subject to the condition that the National Marine Fisheries Service reserves the right to amend the provisions of a permit for just cause at any time during its term. Such amendments take effect on the date of notification, unless otherwise specified. § 222.27 Procedures for suspension, revocation, or modification of certificates of exemption. Any violation of the applicable provisions of Parts 217 through 222 of this chapter, or of the Act, or of a condition of the certificate of exemption may subject the certificate holder to the following: (a) The penalties provided in the Act; and (b) Suspension, revocation, or modification of the certificate of exemption, as provided in Subpart D of 15 CFR Part 904. [49 FR 1043, Jan. 6, 1984] § 222.28 Possession of permits. (a) Any permit issued under these regulations must be in the possession of the person to whom it is issued (or an agent of such person) during: (1) The time of the authorized taking, importation, exportation, or other act; (2) The period of any transit of such person or agent which is incident to such taking, importation, exportation, or other act; and (3) Any other time while any animal under such permit is in the possession of such person or agent. (b) A duplicate copy of the issued permit must be physically attached to the tank, container, package, enclosure, or other means of containment, in which the animal is placed for purposes of storage, transit, supervision, or care. PART 225-FEDERAL/STATE COOPERATION IN THE CONSERVATION OF ENDANGERED AND THREATENED SPECIES Sec. 225.1 Purpose of regulations. 225.2 Scope of regulations. 225.3 Definitions. 225.4 Cooperation with the States. 225.5 Cooperative agreement. 225.6 Allocation of funds. 225.7 Financial assistance. 225.8 Availability of funds. 225.9 Payments. 225.10 Assurances. 225.11 Submission of documents. 225.12 Project evaluation. 225.13 Contracts. 225.14 Inspection. AUTHORITY: Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. 1531-1543, Pub. L. 93-205. SOURCE: 41 FR 24354, June 16, 1976, unless otherwise noted. § 225.1 Purpose of regulations. The regulations in this part implement section 6 of the Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. 1531 through 1543, Pub. L. 93-205 which provides, under certain circumstances, for cooperative agreements with and financial assistance to the States. § 225.2 Scope of regulations. This part applies to endangered and threatened species under the jurisdic tion of the Department of Commerce (see 50 CFR 222.23(a)). § 225.3 Definitions. In addition to the definitions contained in the Act, and unless the context otherwise requires, in this Part 225: (a) "Act" means the Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. 1531 through 1543, Pub. L. 93205. (b) "Agreements” mean signed documented statements of the actions to be taken by the State(s) and the Director in furthering certain purposes of the Act. They include: (1) A Cooperative Agreement entered into pursuant to section 6(c) of the Act and, where appropriate, containing provisions found in section 6(d)(2) of the Act. (2) A Grant-In-Aid Award which includes a statement of the actions to be taken in connection with the conservation of endangered or threatened species receiving Federal financial assistance, objectives and costs of such actions, and costs to be borne by the Federal Government and by the State(s). (c) "Application for Federal Assistance" means a description of work to be accomplished, including objectives and needs, expected results and benefits, approach, cost, location and time required for completion. (d) "Director" means the Director of the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce, or his authorized designee. (e) "Program" means a State-developed plan for the conservation and management of all resident species which are deemed by the Secretary to be endangered or threatened and those which are deemed by the State to be endangered or threatened, which includes goals, priorities, strategies, actions, and funding necessary to accomplish the objectives on an individual species basis. (f) "Project" means a substantial undertaking to conserve the various endangered or threatened species. (g) "Project segment" means an essential part or a division of a project, usually separated as a period of time, occasionally as a unit of work. (h) "Resident species" means, for purposes of these regulations, with respect to a State, a species which exists in the wild in that State during any part of its life. (i) "Secretary" means the Secretary of Commerce or his authorized designee. § 225.4 Cooperation with the States. The Director shall cooperate with any State which establishes and maintains an adequate and active program for the conservation of endangered and threatened species. In order for a State program to be deemed an adequate and active program, the Director must find and reconfirm, on an annual basis, that: (a) Authority resides in a State agency to conserve resident species determined by the State agency or the Director to be endangered or threatened; (b) The State agency has established an acceptable conservation program, consistent with the purposes and policies of the Act, for all resident species in the State which are deemed by the Director to be endangered or threatened; and has furnished a copy of such program together with all pertinent details, information and data requested to the Director; (c) The State agency is authorized to conduct investigations to determine the status and requirements for survival of resident species; (d) The State agency is authorized to establish programs, including the acquisition of land or aquatic habitat or interests therein, for the conservation of resident endangered or threatened species; and (e) Provisions are made for public participation in designating resident species as endangered or threatened. § 225.5 Cooperative agreement. Following receipt of an application by a State for a Cooperative Agreement and a determination by the Director that the State program for endangered and threatened species is adequate and active, the Director shall enter into an Agreement with the State. A Cooperative Agreement is necessary before a Grant-In-Aid Award can be approved for endangered or threatened species projects. The Cooperative Agreement must be reconfirmed annually to insure that it reflects new laws, species lists, rules or regulations, and programs, and to demonstrate that the program is still active and adequate. In order for a State to receive financial assistance, such Cooperative Agreement must also contain: (a) The actions that are to be taken by the Director and the State; (b) The benefits that are expected to be derived in connection with the conservation of endangered or threatened species; and (c) The estimated cost of these actions. § 225.6 Allocation of funds. The Director shall allocate funds, appropriated for the purpose of carrying out section 6 of the Act, to various States using the following as the basis for his determination: (a) The international commitments of the United States to protect endangered or threatened species; (b) The readiness of a State to proIceed with a conservation program consistent with the objectives and purposes of the Act; (c) The number of federally listed endangered and threatened species within a State; (d) The potential for restoring endangered and threatened species within a State; and (e) The relative urgency to initiate a program to restore and protect an endangered or threatened species in terms of survival of the species. Application for Federal Assistance and a Grant-In-Aid Award. The availability of Federal funds under a Grant-InAid Award shall be contingent upon the continued existence of the Cooperative Agreement. (b) To meet the requirements of the Act, the Application for Federal Assistance shall certify that the State agency submitting the project is committed to its execution and that it has been reviewed by the appropriate State officials and is in compliance with other requirements of the Office of Management and Budget Circular No. A-95 (as revised and published in the FEDERAL REGISTER on January 13, 1976 (41 FR 2052)). (c) The mutual obligations by the cooperating agencies will be set forth in a Grant-In-Aid Award executed between the State and the Director. The Grant-In-Aid Award shall cover the proposed financing and the work items described in the documents supporting it. The form and content for both the Application for Federal Assistance and the Grant-In-Aid Award are provided in the Federal Aid Handbook No. 22. § 225.8 Availability of funds. Funds allocated to a State are available for obligation during the fiscal year for which they are allocated and until the close of the succeeding fiscal year. For the purpose of this section, obligation of allocated funds occurs when a Grant-In-Aid Award is signed by the Director. § 225.9 Payments. The payment of the Federal share of costs incurred in the conduct of activities included under a Grant-In-Aid Award shall be in accordance with the Treasury Circular 1075. (a) Federal payments under the Act shall not exceed 75 percent of the program costs as stated in the agreement; except, the Federal share may be increased to 90 percent when two or more States having a common interest in one or more endangered or threatened resident species, the conservation of which may be enhanced by cooperation of such States, jointly enter into an agreement with the Director. (b) The State share of program costs may be in the form of cash or in-kind contributions, including real property, subject to standards established by the Director as provided in Federal Management Circular 74-7. (c) Payments of funds, including payment of such preliminary costs and expenses as may be incurred in connection with projects, shall not be made unless all documents that may be necessary or required in the administration of the Act shall have first been submitted to and approved by the Director. Payments shall be made for expenditures reported and certified by the State agency. Payments shall be made only to the State office or official designated by the State agency and authorized under the laws of the State to receive public funds for the State. (d) Vouchers and forms provided by the Director and certified as therein prescribed, showing amounts expended and the amount of Federal Aid funds claimed to be due on account thereof, shall be submitted to the Director by the State agency. [41 FR 24354, June 16, 1976, as amended at 49 FR 30074, July 26, 1984] the Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, for those enand dangered threatened species under the jurisdiction of the Secretary of Commerce. The list of these species is found in 50 CFR 222.23(a) for endangered species and 50 CFR 227.4 for threatened species. § 226.2 Scope of regulations. (a) The critical habitat designations contained in this part apply only to the endangered and threatened species listed in this part. (b) Regulations implementing section 7 of the Endangered Species Act, as amended, are found in 50 CFR Part 402. (c) The provisions in this part are in addition to, and not in lieu of other regulations of Parts 217 through 227 and 402 of this chapter. Subpart B-Critical Habitat for § 226.11 Northwestern Hawaiian Islands. HAWAIIAN MONK SEAL (Monachus schauinslandi) All beach areas, sand spits and islets, including all beach crest vegetation to its deepest extent inland, lagoon waters, inner reef waters, and ocean waters out to a depth of 10 fathoms around the following: Kure Atoll (28°24′ N., 178°20′ W.) |