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ESA permits
  • Permits issued by the USFWS’ Ecological Services program are of three primary kinds incidental take, enhancement of survival, or recovery and interstate commerce.

Section 10 of the Endangered Species Act (ESA) regulates a large array of actions impacting plants and animals classified as endangered or threatened, as well as their habitats. With a handful of exceptions, the ESA forbids actions impacting these protected species and their habitats unless allowed by a permit from the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS). Authorized actions are created to be consistent with species preservation.

What are the various kinds of permits?

The USFWS’ Ecological Services program, found in each regional office, issues permits for native endangered and threatened species. The Division of Management Authority oversees issuing import or export permits. NMFS also issues permits involving particular marine species. Permits issued by the USFWS’ Ecological Services program are of three primary kinds:

  • Incidental take permits may be utilized when a non-federal entity thinks their otherwise legal actions could cause take of endangered or threatened animal species.
  • Enhancement of survival permits are issued to non-federal landowners that are part of Safe Harbor Agreements or Candidate Conservation Agreements with Assurances.
  • Recovery and interstate commerce permits are issued to authorize take as part of actions meant to promote the recovery of listed species. Interstate commerce permits also authorize the movement and sale of listed species across state lines. This transport could be for reasons such as a breeding program.