---
kind: "section"
citation: "45 C.F.R. § 670.23"
title: "45"
number: "670.23"
heading: "Specific issuance criteria."
url: "https://uscodex.org/cfr/45/670.23"
---

# §670.23. Specific issuance criteria.


Permits authorizing the taking of mammals, birds, plants, or invertebrates designated as a Specially Protected Species of mammals, birds, and plants in [§ 670.25](/cfr/45/670.25.md) may only be issued if:

- (a) There is a compelling scientific purpose for such taking;
- (b) The actions allowed under any such permit will not jeopardize the existing natural ecological system, or the survival of the affected species or population;
- (c) **The taking involves non-lethal techniques, where appropriate.** Lethal techniques may only be used on Specially Protected Species where there is no suitable alternative technique; and
- (d) The authorized taking, transporting, carrying or shipping will be carried out in a humane manner.

## Notes

### Amendments

[63 FR 50164, Sept. 21, 1998, as amended at 86 FR 27988, May 25, 2021]

### Authority

Authority: 16 U.S.C. 2405, as amended.

### Source

Source: 63 FR 50164, Sept. 21, 1998, unless otherwise noted.

### Amendments

[63 FR 50164, Sept. 21, 1998, as amended at 86 FR 27988, May 25, 2021]