Issuance criteria
(b) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a) of this section, the Director will decide whether or not a permit should be issued under any of the three categories of economic hardship, as defined in section 10(b)(2) of the Act. In making his decisions, the Director shall consider, in addition to the general criteria in 13.21(b) of this subchapter, the following factors: (1) Whether the purpose for which the permit is being requested is adequate to justify removing from the wild or otherwise changing the status of the wildlife sought to be covered by the permit; (2) The probable direct and indirect effect which issuing the permit would have on the wild populations of the wildlife sought to be covered by the permit; (3) The economic, legal, subsistence, or other alternatives or relief available to the applicant; (4) The amount of evidence that the applicant was in fact party to a contract or other binding legal obligation which; (i) Deals specifically with the wildlife sought to be covered by the permit; and (ii) Became binding prior to the date when the notice of a review of the status of the species or the notice of proposed rulemaking proposing to list such wildlife as endangered was published in the Federal Register, whichever is earlier. (5) The severity of economic hardship which the contract or other binding legal obligation referred to in paragraph (b)(4) of this section would cause if the permit were denied; (6) Where applicable, the portion of the applicant's income which would be lost if the permit were denied, and the relationship of that portion to the balance of his income; (7) Where applicable, the nature and extent of subsistence taking generally by the applicant; and (8) The likelihood that applicant can reasonably carry out his desired activity within one year from the date a notice is published in the Federal Register to review status of such wildlife, or to list such wildlife as endangered, whichever is earlier.