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Incidental take
  • 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.
  • A habitat conservation plan (HCP) needs to go along with an incidental take permit application.

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. A habitat conservation plan (HCP) needs to go along with an incidental take permit application. The habitat conservation plan ensures that the outcomes of the permitted incidental take are properly reduced and alleviated.

Once the U.S. Fish and Wildlife Service (USFWS) has decided that the potential applicant's HCP meets the Endangered Species Act (ESA) incidental take permit issuance criteria, USFWS will unlock the application form so it can be submitted for processing. Prior to beginning to draft the HCP, it is suggested that an individual work with a nearby USFWS office to ensure the HCP meets the policy and permit issuance criteria.

To fill out this form, an individual will need the following:

  • New incidental take permit and supplementary information for renewal or amendment of an existing valid permit (with changes)
    • Identification of species and action.
    • Identification of area of the suggested action.
    • Explanation of the suggested actions.
    • Permission from federal, tribal, state, county, municipal, or foreign government to carry out the proposed action.
  • Renewal/amendment of an existing valid incidental take permit (with changes)
    • Up-to-date annual reports and any further necessary reports under currently valid permit.
    • List of covered species that will be added or withdrawn.
    • Explanation of change to covered actions and/or conservation actions.
    • Explanation of the change in the area of suggested action.
    • Explanation of any further modifications or revisions.
  • Renewal of an existing valid incidental take permit (without changes)
    • Up-to-date annual reports and any further necessary reports under currently valid permit.
  • Transfer/partial transfer/succession of an existing valid incidental take permit (the individual to whom the permit is being transferred to applies for the transfer)
    • Submission of a new application that is signed by the transferee or successor with a signed assumptions agreement.

Application processing cost

  • New permit
    • $100 [or fee exempt (attach reasoning if mandatory)]
  • Renew/substantively amend an existing valid permit (with major changes)
    • $100 [or fee exempt (attach reasoning if mandatory)]
  • Amend an existing valid permit (with minor changes) at a time other than permit renewal
    • $50 [or fee exempt (attach reasoning if mandatory)]
  • Renew an existing valid permit (without changes)
    • $100 [or fee exempt (attach reasoning if mandatory)]
  • Transfer an existing valid permit
    • $0