...
The Endangered Species Act (ESA) prohibits the import, export, or taking of wildlife and plants listed as threatened or endangered species. Some activities are allowed with a specific permit, such as an Incidental Take permit. Incidental Take permits fall under Section 10(a)(2)(A) of the ESA.
Scope
Incidental Take permits may be sought when a non-federal entity believes their otherwise lawful activities may cause take of endangered or threatened species. A habitat conservation plan (HCP) must accompany an application for an incidental take permit. The associated habitat conservation plan ensures that the effects of the approved incidental take are sufficiently lessened and mitigated.
Incidental take means that the activity is unrelated to the protected species, but the protected species may still be affected. In these cases, the take is unintentional. Examples include:
- Commercial fishing operations
- Oil and gas development
- Seismic surveys
- Military readiness activities
- Power plant operations
- Construction projects
A wide range of industries may clearly need this type of permit depending on the activity.
Regulatory citations
- 50 CFR 17.22 — Permits for scientific purposes, enhancement of propagation or survival, or for incidental taking.
- 50 CFR 17.32(b)(1) — Application requirements for permits for incidental taking.
- 50 CFR 18.27 — Regulations governing small takes of marine mammals incidental to specified activities.
- 16 USC 1531-1544 — Endangered Species
- 50 CFR 17.1-17.108 — Endangered and Threatened Wildlife and Plants
Key definitions
- Endangered species: At risk of extinction throughout all or a significant portion of its range.
- Harm: In the definition of “take” in the Act means an act which kills or injures wildlife. Such act may include significant habitat modification or degradation where it kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
- Take: To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.
- Threatened species: Likely to become endangered in the foreseeable future.
Summary of requirements
To complete an application for a new Incidental Take permit you will need:
- Identification of species and activity;
- Provide the common and scientific names of the species requested for coverage in the permit and their status (endangered (E), threatened (T), proposed endangered (PE), proposed threatened (PT), candidate for listing (C), or species likely to become a candidate (LC)).
- Provide the number, age, and sex of such species to the extent known.
- Identification of location of the proposed activity;
- Number of acres covered by the HCP, impacted, and protected.
- Description of the proposed activities; and
- Approval from Federal, tribal, State, county, municipal, or foreign government to conduct the activity you propose.
An applicant must also submit a conservation plan that specifies:
- The impacts that are likely to result from the incidental take associated with the applicant’s activity;
- What steps the applicant will take to minimize and mitigate such impacts, and the funding that will be available to implement such steps;
- What alternative actions to such taking the applicant considered and the reasons why such alternatives are not being utilized; and
- Such other measures that the Secretary may require as being necessary or appropriate for purposes of the plan.
The application processing fee is $100 for a new permit. You can apply via USFWS’ ePermits site or mail in a submission.