Endangered Species Permits
Permits and authorizations are required under the Endangered Species Act (ESA) to conduct any activity that may result in the "taking" of a protected species. Take is defined by the ESA as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct."
Endangered species permits provide a way to balance use and conservation of protected species with the publics desire to engage in legitimate wildlife-related activities that would otherwise be prohibited by law.
For general information and points of contact, see our fact sheet entitled "Permits for Native Species Under the Endangered Species Act" (529 KB Adobe pdf file).
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1. Types of Permits
U.S. Fish and Wildlife Service permits for native endangered or threatened species conservation comprise three basic types:
Incidental Take Permits, associated with Habitat Conservation Plans. To obtain an Incidental Take Permit, the applicant must first develop a Habitat Conservation Plan (HCP), designed to offset any harmful effects the proposed activity might have on the species.
Enhancement of Survival Permits, associated with Safe Harbor Agreements and Candidate Conservation Agreements with Assurances. To obtain an Enhancement of Survival Permit, the applicant must first develop a Safe Harbor Agreement or a Candidate Conservation Agreement.
Recovery and Interstate Commerce Permits, associated with captive breeding and research to further the recovery of a species restoration.
2. Choosing the Right Permit
If you are engaged in an otherwise lawful activity where a listed species may be adversely affected, and the purpose of your activity is not scientific research on or enhancement of listed species, you may need to obtain an Incidental Take Permit (section 10(a)(1)(B)). Examples of activities that may require an Incidental Take Permit include, but are not limited to: construction and/or development activities or in-stream or watershed activities that may impact listed species.
If you would like to engage in an activity that may benefit a listed species through conservation of habitat, you may need an Enhancement of Survival Permit. Examples of activities that may require an Enhancement of Survival Permit include actions to enhance, restore, or maintain habitat (e.g., restoring fire by prescribed burning, restoring hydrological conditions), so that it is suitable for listed species.
If you would like to engage in scientific research on or conduct activities to enhance the propagation or survival of a listed species that will likely result in the species being harassed, captured, harmed, possessed, or killed, a Recovery and Interstate Commerce Permit (section 10(a)(1)(A)) may be required. Examples of activities that may require a section 10(a)(1)(A) permit include, but are not limited to: abundance surveys, genetic research, relocations, capture and marking, and telemetric monitoring. Under certain circumstances, a section 10(a)(1)(A) permit may also be required to possess tissues and/or body parts of listed species.
The following six scenarios were developed to help you determine what type of Permit is most appropriate for a given situation. Your choices are: Research/Recovery Permit, Incidental Take Permit, and Enhancement of Survival Permit.
Scenario 1:
A Native American Tribe wants to voluntarily enhance a riparian area along 3 miles of stream that flows through the property. They want to do such things as planting cottonwood poles and willows, but they have come to you because they expect they may draw in some federally listed threatened and endangered species. They might even attract some species not yet listed.
Answer:
Enhancement of Survival Permit via a Safe Harbor Agreement or Candidate Conservation Agreement. Threatened and endangered species, maybe candidates as well If they all can be quantified, you may wish to consider SHA over a CCAA since the action will occur over the long-term and will provide a net conservation benefit for federally threatened, endangered, and candidate species.
Scenario 2:
A private developer wishes to build houses in an area that supports an endangered snake. The number of snakes present and their distribution on the site are not known; survey work is needed to locate the snakes so their habitats can be avoided.
Answer:
Research/Recovery Permit to survey for snakes. An HCP may also be required if incidental take cannot be avoided. An HCP that incorporates a section 10(a)(1)(A) research activities within its ITP is also a possibility.
Scenario 3:
A non-profit organization specializes in captive breeding of a southwestern frog that is on the list of Federal species that are candidates for listing under the Endangered Species Act. This non-profit would like to set up a program to reintroduce this rare frog to stock tanks on cattle ranches owned by interested private citizens in five specific counties in southern Arizona.
Answer:
Enhancement of Survival Permit via a Candidate Conservation Agreement with Assurances. It is a federal candidate species. It will be voluntary on the part of the NGO and on the part of any rancher participants. Once the assurances associated with the CCAA are granted, there really is no need for using any other tool (like a SHA), since the assurances will follow the species should it become listed.
Scenario 4:
An extremely imperiled federally listed endangered species lives on private property. The landowner owns a forest on which he has a common species of tree that this imperiled species utilizes for feeding and breeding. At least two individuals of this endangered species have been attracted to a large stand of this particular species of tree that is at the edge of the property. The landowner anticipates cutting these trees at some time in the future to maintain the viability of his timber business. It is anticipated that two stands will be mature enough to be cut NOW, with others maturing at 10 years and 30 years.
Answer:
Incidental Take Permit via a Habitat Conservation Plan. The otherwise lawful activity is managing for forest practices. The U.S. Fish and Wildlife Service=s Regional Director believes that the animal species involved here is too imperiled for the U.S. Fish and Wildlife Service to extend the SHA tool to the client. The U.S. Fish and Wildlife Service recommends a 10(a)(1)(B) permit and a Habitat Conservation Plan to the landowner, because "take" will be occurring NOW, not in the future, each time he cuts down one of these trees. A Safe Harbor Agreement is a possible option for the future cutting of stands that are not mature enough for harvest now, if the landowner would be willing to leave the trees long enough for the "net conservation benefit" standard to be met.
Scenario 5:
The State Department of Transportation has to mow its road rights-of-way regularly to maintain safe highway conditions. An endangered butterfly lives in the grasses along the roadways. This species prefers areas where there are few trees or shrubs. The Department of Transportation realizes that it may take individuals of this species as it mows its roadways on a regular rotating basis.
Answer:
Enhancement of Survival Permit via a Safe Harbor Agreement. The DOT is a nonfederal landowner and an endangered butterfly is involved. The DOT wants to mow sometime in the future and can structure the mowing in such a way as to maintain habitat that the butterfly prefers. An HCP could also be an option, if the DOT wanted to start mowing today and sought assurances long into the future.
Scenario 6:
The only two known populations of a listed plant occur on National Forest land. The Forest Service has identified other habitat areas on the National Forest that appear to contain the necessary habitat characteristics; however, the areas have been degraded by off-road vehicles. The Forest Service wants to restore these areas, collect seeds from the existing plant populations, grow them in a greenhouse, and then plant them on the restored sites.
Answer:
Research/Recovery Permit. A permit would be needed to collect the seeds, grow them in a greenhouse, and plant the seedlings.
3. Applying for a Permit from the U.S. Fish and Wildlife Service
One of the first things you will need to do is contact your nearest USFWS Ecological Services Office. U.S. Fish and Wildlife Service staff can help you determine whether your proposed project or action is likely to result in "take", whether a permit is required, or if there are other options to consider. U.S. Fish and Wildlife Service personnel can also provide technical assistance to help you design your project so as to avoid take. For example, the project could be designed with timing restrictions on construction to minimize disturbance during the nesting season.
When and if you decide that a permit is needed, the next thing you will need to do is complete an application for the permit. Applications for permits are available on the web. Please read the instructions on how to fill out the online forms before accessing the forms.
- For Incidental Take Permits associated with Habitat Conservation Plans, use this form. (282 KB Adobe pdf file)
NOTE: Please do not fill out or submit the application form until you contact our nearest Field Office. The Field Office will provide guidance on developing complete and adequate application materials and will determine when the application form and materials are ready for submission.
For
Enhancement of Survival Permits Associated with Safe Harbor Agreements and Candidate Conservation Agreements with Assurances, use this form. (278 KB Adobe pdf file)NOTE: Please do not fill out or submit the application form until you contact our nearest Field Office. The Field Office will provide guidance on developing complete and adequate application materials and will determine when the application form and materials are ready for submission.
For
Recovery Permits and Interstate Commerce Permits, use this form. (288 KB Adobe pdf file)
You will need Adobe Reader software to open these documents. Please follow this link to obtain this software free of charge.
4. Frequently Asked Questions
- What is "take"?
- "Take" is defined in the Endangered Species Act (Act) as "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened or endangered species". Harm may include significant habitat modification where it actually kills or injures a listed species through impairment of essential behavior (e.g., nesting or reproduction).
- Who needs an Incidental Take Permit?
- Anyone who believes that their otherwise-lawful activities will result in the "incidental take" of a federally listed species needs a permit.
- How do we know if we have listed species on our project site?
- Check with the U.S. Fish and Wildlife Service or appropriate State fish and wildlife agency, nearest you. You can arrange for a biologist from one of these agencies to visit your property to determine whether a listed species may be on your project site.
- What is the benefit of an Incidental Take Permit to a private landowner?
- An Incidental Take Permit allows a landowner to legally proceed with an activity that would otherwise result in the illegal take of a listed species.
- How long does it take to process an application for an Incidental Take Permit?
- The length of time to complete the permitting process generally depends on the complexity of project (i.e., the number of species, activities to be covered, etc) and the completeness of the documents submitted by the applicant (i.e., HCP). The most variable factor in permit processing requirements is the level of analysis required for the proposed Habitat Conservation Plan under the National Environmental Policy Act, in other words, whether an Environmental Impact Statement, Environmental Assessment, or a categorical exclusion is required for the HCP. Other factors such as public controversy can also affect permit processing times.
5. Contact Us
For more information on obtaining an endangered species permit from the U.S. Fish and Wildlife Service for activities occurring in the Great Lakes-Big Rivers Region, contact:
In writing:
U.S. Fish and Wildlife Service
Division of Ecological Services (Permits)
Bishop Henry Whipple Federal Building
1 Federal Drive
Fort Snelling, Minnesota 55111-4056
By phone:
(612) 713-5341
(800) 247-1247 ext. 5341
Endangered Species Permits | Habitat Conservation Plans | Safe Harbor Agreements
Candidate Conservation Agreements with Assurances | Non-Traditional Agreements
ES Permits, Planning and Conservation Agreements Home Page | Region 3 ES Home Page
U.S. Fish and Wildlife Service