Minnesota Administrative Rules

6212.1800 GENERAL RESTRICTIONS FOR PERMITS TO POSSESS THREATENED AND ENDANGERED SPECIES.

Subpart 1.

Permit requirements.

A person may not take, import, transport, purchase, sell, dispose, or possess a threatened or endangered species of plant or animal without a permit from the commissioner. Permits for the taking, importation, transportation, purchase, sale, disposal, or possession of threatened or endangered species of plants or animals, whether dead or alive, or their parts, nests, or eggs will be issued as provided by parts 6212.1800 to 6212.2300 and 6242.1200. Applications for permits from individuals or institutions must be made in writing and must be submitted as specified. The commissioner will determine whether the applicant meets the criteria for issuance of the permit.

Subp. 2.

Issuance of permits.

Permits may be issued only upon written application made by individuals or institutions currently conducting research or educational programs in the fields of biology or natural history, and that have appropriate and adequate facilities for the care, exhibition, or storage of the specimens sought to be taken, acquired, or possessed. A permit may not be issued unless the commissioner has first determined that the permitted act will not be detrimental to the species.

Subp. 3.

Permits for taking.

Permits for the taking of endangered or threatened species or their parts may be issued only to named individuals. Permits for taking are valid only for the named permittees and are not transferable. Permits solely for possession, importation, transportation, propagation, sale, or disposal may be issued in the name of an institution or individual.

Subp. 4.

Sale or transfer of specimens.

Specimens held under permit may not be sold or otherwise transferred from the custody of the permittee without the prior written approval of the commissioner, unless otherwise provided in the permit.

Subp. 5.

Offspring.

Offspring of any specimen possessed under a permit will be subject to parts 6212.1800 to 6212.2300 and to all the terms and conditions set forth in the permit.

Subp. 6.

Reports.

Before January 31 of each year, each permittee who has taken any endangered or threatened species or parts during the preceding calendar year must file a report with the commissioner describing the specimens taken and their current disposition. Specimens consumed by use or otherwise destroyed must be so noted. Permittees must submit additional reports as may be required by the permit. A permit will not be renewed unless all required reports have been submitted.

Subp. 7.

Possession of permit.

Individual permittees must have their permit available for inspection by the commissioner while doing any act authorized by the permit. Permits issued in the names of institutions must be available for inspection during regular business hours.

Subp. 8.

Expiration, cancellation, and revocation of threatened and endangered permits.

All permits issued as provided by parts 6212.1800 to 6212.2300 expire on December 31 of the year of issuance, unless otherwise specified in the permit, and may be renewed.

All permits issued as provided by parts 6212.1800 to 6212.2300 are subject to immediate cancellation by the commissioner upon determination that such cancellation is necessary for the conservation of the natural resources of this state, for the welfare of particular specimens, or is in the public interest.

Violation of any of the provisions of parts 6212.1800 to 6212.2300 or the terms of any permit issued under those parts may result in immediate revocation of the permit, and may subject the permittee to other penalties established by law.

Statutory Authority:

MS s 84.0895

History:

18 SR 83; 19 SR 2222

Published Electronically:

June 11, 2008