Species protection

Scope

It is illegal to harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened or endangered wildlife within the United States. This applies to live and dead animals or plants. For endangered species, permits may be issued for scientific research, enhancement of propagation or survival, and taking that is incidental to an otherwise lawful activity. For threatened species, permits also may be issued for zoological, horticultural, or botanical exhibition; educational use; and special purposes consistent with the ESA. An individual, landowner, or corporation of any kind may need a permit.

Depending on the species involved, other requirements may need to be met under the Convention on International Trade in Endangered Species (CITES), Migratory Bird Treaty Act (MTBTA), Bald and Golden Eagle Protection Act (BGEPA), Wild Bird Conservation Act, Marine Mammal Protection Act, Lacey Act, and state or local laws.

Regulatory citations

• 7 CFR 355 — Endangered Species Regulations Concerning Terrestrial Plants
• 50 CFR 10 — General Provisions
• 50 CFR 11 — Civil Procedures
• 50 CFR 15 — Wild Bird Conservation Act
• 50 CFR 17 — Endangered and Threatened Wildlife and Plants
• 50 CFR 18 — Marine Mammals
• 50 CFR 21 — Migratory Bird Permits
• 50 CFR 22 — Eagle Permits
• 50 CFR 23 — Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

Key definitions

• Endangered species: At risk of extinction throughout all or a significant portion of its range.
• Habitat Conservation Plan (HCP): A planning document intended to accommodate economic development to the extent possible by allowing the limited and unintentional take of listed species when it occurs incidental to otherwise lawful activities.
• Safe Harbor Agreement (SHA): A voluntary agreement involving private or other non-federal property owners whose actions contribute to the recovery of species listed as endangered or threatened under the ESA.
• 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

There are three steps to determine if you or your organization needs an ESA permit.

1. Determine the scientific name of the affected species.
   1. Ask a veterinarian, scientist, or appraiser to help determine what type of wildlife or plant you have. You may also be able to find the scientific name online.
2. Identify how your species is protected.
   1. Once you know the scientific name of your species of interest, determine whether the species is protected under each U.S. or international law. A species may be listed under multiple laws, so multiple authorizations may be required. If more than one type of permit for an activity is required by multiple regulations, the U.S. Fish and Wildlife Service (USFWS) may be able to issue one consolidated permit authorizing the activity, if certain criteria are met.
3. Learn which application you need.
   1. Figure out what activity you seek to conduct. Normally, if you seek to conduct import, export, take, or conduct interstate or international commercial activities and your species of interest is protected under domestic or international law but can also be legally traded, the next step is to apply for a permit.

There are various types of permits issued by USFWS regarding protected species:

• Incidental take permits:
  • A non-federal organization should seek out this permit if an otherwise lawful activity may result in take of endangered or threatened animal species.
  • A habitat conservation plan (HCP) needs to go along with an incidental take permit application. They are legally binding agreements between the Secretary of the Interior and the permit holder. The HCP will explain the predicted outcomes of the suggested taking, how those effects will be lessened or alleviated, and how the HCP will be financed.

• Enhancement of survival permits:
  • This permit is issued to non-federal landowners that are part of Safe Harbor Agreements (SHA) or Candidate Conservation Agreements with Assurances (CCAA). These agreements help landowners take actions to improve the lives of species while also giving assurances that they will not be subject to further bureaucratic restrictions due to their conservation activities.

• Scientific purpose or recovery permits:
  • Scientific purposes or recovery permits are issued to authorize for take as part of actions meant to encourage the recovery of listed species.
  • A classic use of this permit is to assist scientific research on a listed species to help further grasp the species’ lifelong survival needs.

• Interstate commerce permits:
  • The interstate commerce permit application covers actions involving interstate commerce in non-native ESA-listed animals or foreign commerce in native and non-native ESA-listed animals, whether live or dead, including any identifiable parts, goods, or byproducts.
  • A common use of this permit is for purposes such as a breeding program.