Frequently Asked Questions

Q: Do I need a recovery permit? 

A: If you are looking to conduct activities for scientific purposes, enhancement of propagation, or survival that may result in “take” “take”
The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.

Learn more about “take”
(such as presence/absence surveys, collection, handling, tagging, releasing, etc.) for a species that currently listed as ‘Threatened’ or ‘Endangered’ under the Endangered Species Act, then, yes, you need a recovery permit. 

The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct. Activities that need a permit also include collecting plant vouchers and seeds of listed plants from lands under Federal jurisdiction. Permits are not needed if the species is a candidate or proposed for listing.

Q: What should be included in my application package to be considered complete?

A: There are four types of recovery permit applications: New, Renewal without changes, Renewal with changes, and Amendment. Listed below are the required documents and actions for each application type to be considered complete and allow further processing of your application. Please refer to the minimum qualifications library for specific species requirements.

New, Renewal with Changes, and Amendment Applications Require*:
  1. Successful payment (New/Renewals are $100 and Amendments are $50).
  2. Completed ‘FWS Form 3-200-59' form. For all new applications, this form is currently available digitally when you begin your application on ePermits. For renewals and amendments, please continue to use the PDF version of the form.
    1. All three of these require a supplemental document describing which activities are being sought for authorization, which locations the activities will be conducted in, personnel to be added to the permit list of authorized individuals, and more (pages 6-10 of PDF).
  3. Resume or CV that provides the details of your educational and biological background, projects, research, and/or publications.
  4. A separate experience document that includes your verifiable field experience with specified listed species and/or similar or sympatric species. Experience should be as presented in the USFWS's Field Experience Tracking Table as a PDF. You may submit your own tracking document in lieu of the USFWS’s form. However, all information requested in the above table shall be provided.
  5. Letter(s) of reference by the permitted individual(s) from whom you acquired the field experience/training. This person can verify the experience that you’ve received, discuss details of your field experience and expertise, and can attest to your ability to independently perform each permitted activity. Letters of reference may not be necessary for all applications. Please contact the Field Office that has jurisdiction over the area you are looking to do work at and inquire if it is required.
  6. A study plan or statement that provides justification for how the proposed permitted action will support the specified listed species recovery. This can be done by identifying which activity is being accomplished in the species-specific recovery plan.

*Please note that the ePermits application form asks for these required documents in order to submit the application, however these documents do not need to be submitted separately. You may compile the app into one PDF and mark the corresponding labels that the document fulfills.

Renewal without Changes Applications Require:
  1. Successful payment (Renewals are $100).
  2. Completed ‘FWS Form 3-200-59' form. For renewals and amendments, please continue to use the PDF version of the form.

Q: What are “Minimum Qualifications”? 

A: If you are pursuing a Section 10(a)(1)(A) recovery permit, you must have adequate field experience and qualifications to independently conduct the requested activity with the specified listed species. You can find the library of detailed guidance documents and information on minimum qualifications developed for listed species in California, Nevada, and the Klamath basin of Oregon here. Not every species has a prepared minimum qualifications document. You may email the applicable Field Office Recovery Permit Coordinators to inquire about qualifications for those species without published Minimum Qualification documents.

Q: What is the Federal Register? Why does my application need to be listed on it?

A: The Federal Register is the official publication for rules, proposed rules, and notices of Federal agencies and organizations. If you have applied for or renewed a permit with an ‘Endangered’ listed species, then your application is required to be noticed to the Federal Register to allow for comment. The comment period lasts for 30 days. After the comment period closes, we will make decisions regarding permit issuance.

Our regulations implementing section 10(a)(1)(A) for these permits are found in the Code of Federal Regulations at 50 CFR 17.22 for endangered wildlife species, 50 CFR 17.32 for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species.

Q: My permit is close to expiring; how do I renew it? 

A: If your permit is close to expiring, you should submit a renewal application via ePermits. You can do this by clicking this link and clicking on the “Renew/Amend Permit” button. You will likely be redirected to your permits list to choose the permit that needs to be renewed. Follow all the steps and provide all the necessary documents. You can also use this link for more information from ePermits.

**Please note, your complete application must be received at least 30 days prior to the expiration of the currentvalid permit (50 CFR 13.22) to avoid a lapse in permit coverage (continuation of authorized activities). **

Q: Can I keep conducting the work authorized by my recovery permit while the renewal is being processed?

A: If your complete application (all required documents are provided with a successful payment), is received at least 30 days prior to the expiration of the currentvalid permit, you will be allowed to continue activities that were authorized under the most current version of the permit (50 CFR 13.22). If the application is submitted less than 30 days prior to the expiration of the currentvalid permit, continuation of activities is not authorized.

Q: I am having problems with my ePermits account, what do I do?

A: If you are having issues accessing your ePermits account, please refer to the “Technical Support & Troubleshooting” section on the ePermits FAQ for further guidance. If you think the issue with accessing your account will impact your ability to submit a renewal application prior to the expiration of your current permit, please email the Regional Permit Coordinator at permitsr8es@fws.gov.

Q: Do I qualify for a fee exemption?

A: Fee exemptions may be granted to Federal, Tribal, State, or local government agencies or to any individual or institution acting on behalf of such agency. This also includes any individuals associated with public colleges or universities. Please submit evidence of your affiliation with any of the listed entities with your application if you apply as fee exempt; a scan of your identification badge or using a .gov email is most often accepted (see 50 CFR 13.11(d)(3)).

Q: How long does it take to process my recovery permit application?

A: The time it takes to review and process an application for a recovery permit varies depending upon the request. Typically, the more complicated the request, the longer it may take (i.e., activities outside of presence/absence surveys, more than one species, or requests for activities in States outside of California, Nevada and the Klamath Basin in Oregon). Applications that include ‘Endangered’ species require being noticed in the Federal Register for public comment which can extend processing times. We recommend that you ensure to provide all the required documents at the time you submit the application and provide prompt responses to communications from the USFWS. Doing so can help keep the process moving. You can always contact us to inquire about the status of your application.

For questions regarding ePermits, please refer to the ePermits main page or Help Center to assist you.

Glossary of Terms and Acronyms

Amendment - A permittee can amend their permit to add new species or activities. Amendment permit applications require a $50 fee, unless the permittee is fee exempt (refer to fee-exempt definition below). Currently, personnel changes are not considered substantive amendments and are processed outside of ePermits. 

California Department of Fish and Wildlife (CDFW) - The California State agency that manages California's fish, wildlife, and plant resources, and the habitats upon which they depend. https://wildlife.ca.gov/

Denial - Following review of an application, the USFWS can recommend denial of application for several factors.  Please review the Appendix below regarding modes and requirements for denial of an application.

Endangered Species Act – Federal Act passed in 1973 that establishes protections for fish, wildlife, and plants that are listed as threatened or endangered; provides for adding species to and removing them from the list of threatened and endangered species, and for preparing and implementing plans for their recovery; provides for interagency cooperation to avoid take of listed species and for issuing permits for otherwise prohibited activities; provides for cooperation with States, including authorization of financial assistance; and implements the provisions of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES).

ePermits - The digital platform used for processing all permits and licenses issued by USFWS, which includes the four programs of Ecological Services, Migratory Birds, International Affairs, and Office of Law Enforcement.

Exams - To be permitted to conduct activities with vernal pool branchiopods (anywhere in the range) and specific insects located in the Carlsbad Field Office jurisdiction, the prospective permit applicant must pass an exam (either offered by a third party, or the Carlsbad and Sacramento Field Offices for branchiopods and Carlsbad for the insects) each time they apply and renew a previously issued permit. Exams must be passed within one year prior to the date of submitted application.  

Fee Exemption - Some permit applicants are not required to pay a fee when applying for a permit, notably local, State, and Federal partners (see 50 CFR 13.11(d)(3)).  This includes state universities and colleges. 

Federal Register - The official Federal publication for rules, proposed rules, and notices of Federal agencies and organizations. Endangered species applications are required to be noticed in the Federal Register for public comment (per 50 CFR 17.22 for endangered wildlife species and 50 CFR 17.62 for endangered plant species).

FWS Form 3-200-59 –Office of Management and Budget (OMB) approved Section 10(a)(1)(A) Recovery Permit Application form.  

Letter of Reference - Permit applicants must submit letters of reference from other Federal permittees who have supervised the applicant’s ability to perform the requested activities when applying for a new species or activity. At least one letter of reference is expected per species for standard activities that addresses the applicant’s competency; if specialized activities are requested, letters of recommendation must also be submitted for those that address each activity (capture, blood draw, etc.) requested. 

List of Authorized Individuals - The list of qualified personnel who are authorized to conduct the activities outlined in the permit.

List of Authorized Individual changes - The permittee can request new individuals be added to their permit if those newly requested individuals are determined to be qualified. Currently, there is not a cost associated with these authorized staff changes, and these are coordinated by the permittee with the applicable Field Office directly. 

Migratory Bird Treaty Act – Federal Act passed in 1918 that implements four international conservation treaties that the U.S. entered with Canada in 1916, Mexico in 1936, Japan in 1972, and Russia in 1976. It is intended to ensure the sustainability of populations of all protected migratory bird species. https://www.fws.gov/law/migratory-bird-treaty-act-1918

Minimum Qualifications - USFWS has created public-facing Minimum Qualification which demonstrate to prospective permit applicants the experience that they should gain to demonstrate that they are qualified for a given activity. Minimum Qualifications describe the materials permit applicants must submit to have a complete permit application. Not all species have Minimum Qualifications.  

Nevada Department of Wildlife (NDOW) - The Nevada state agency that manages Nevada’s wildlife and their habitats. https://www.ndow.org/ 

New Permit - A new permit is created when an applicant applies for a recovery permit for the first time. New permit applications require a $100 fee, unless fee exempt. 

Oregon Department of Fish and Wildlife (ODFW) - The Oregon state agency that protects and enhances Oregon's fish and wildlife and their habitats for use and enjoyment by present and future generations. https://www.dfw.state.or.us/

Part-Issue - Referred to as “Part Issuance” in ePermits. Following review of an application, USFWS can recommend both issuance and denial of application requests if it is believed the applicant is qualified for certain – but not all – activities requested in their application. A denial letter will be attached listing those particular activities.  

Permittee Lists - The USFWS often receives requests for contact information for permittees who could conduct endangered and threatened species (e.g., presence/absence surveys) contract work. In accordance with the Privacy Act System of Records Notice, we may release the name, business address, business email address or business telephone number of those who wish to be contacted by third parties to do commercial survey activities. Such information is not normally released under the Freedom of Information Act unless a compelling need on the part of the public can be cited. Please be aware that provision of permittee contact information does not represent an endorsement by the USFWS of any permittee. A referral is provided at the discretion of each U.S. Fish and Wildlife Service Regional Office as time and workload allow. 

Primary Contact – The individual that is the “go-to” contact for USFWS and the ePermits team to collect information from or ask questions to regarding the permit and/or business account the contact is associated. This person can be the same as the Principal Officer (see below) or a different person.

Principal Officer - The individual responsible for all activities performed under a recovery permit. This will typically be the individual who is the head of a business (organization) who would be the signatory for the permit application. 

Principal Officer Change - Business permit holders who need to change their Principal Officer (only one principal officer per permit) must email the Regional Office Recovery Permit Coordinator with a letter to request the responsibility (title) be transferred. A template is available upon request.  

Proposal - A proposal is required for all specialized activities. Standard activities do not require a proposal other than the answers to the questions in Section E. These proposals should go beyond the requested justification in Section E.  

Recovery permit - Under section 10(a)(1)(A) of the ESA, USFWS may permit any act otherwise prohibited by section 9 for scientific purposes or to enhance the propagation or survival of the affected species. 

Renew and Amend Permit - Also called “Renew with changes”. A permittee can amend and renew their permit simultaneously. Renew and Amend permit applications require a $100 fee, unless fee exempt. 

Renewal Permit - Also called “Renew without changes”. A permittee can renew their permit to continue authorization from previous issuances. Renewal permit applications require a $100 fee, unless fee exempt. 

Section E -Subsection of FWS Form 3-200-59 form,which has specific questions for Opt-in, application materials submitted, and permit justification. This form is digitized and therefore not required to attach for ‘New’ applications. ‘Renew’ and ‘Amend’ applications still require this form.

Specialized activities - Any activities that do not have a pre-determined standard protocol, as described above. Examples of specialized activities include all plant activities, bird capture and banding, mutilation marking schemes, radiotelemetry, and collecting genetic material. 

Protocol Survey activities - Activities which follow ‘standard’ survey protocols approved/created by USFWS. Survey can mean different things to different taxa, including capturing and releasing, playing recorded vocalizations, pursuing, etc. Swabbing for chytrid fungus and snake fungal disease are considered standard for amphibians and snakes, respectively. 

Take - to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.

U.S. Fish and Wildlife Service (USFWS) - the agency within the Department of Interior that is responsible for conserving, protecting, and enhancing fish and wildlife and their habitats for the continuing benefit of the American people through Federal programs relating to migratory birds, endangered species, interjurisdictional fish and marine mammals, and inland sport fisheries.

Scenarios

To better understand different scenarios that require a recovery permit, the table below provides various types of situations that USFWS has received and provide if a permit is necessary for the situation and an explanation as to why a permit is or is not needed.

  1. Grad student studying tidewater goby survey methodologies – Yes. 
  2. Federal employee conducting northern spotted owl mousing surveys – No. 
  3. County employee conducting breeding season surveys for western snowy plover – Yes. 
  4. Consultant conducting California tiger salamander pre-construction capture surveys  – Yes. 
  5. Federal botanists collecting seeds of a listed plant on federal lands - Yes. 
  6. Water agency botanists collecting vouchers of a listed plant on private lands – No. 
  7. Consultant surveying for proposed threatened species – No. 
  8. State habitat restoration project – No.
  9. The activity is a conservation measure in an active biological opinion – No.
Scenario 1.   Graduate student studying tidewater goby survey methodologies
A graduate student is developing a new survey protocol for the federally endangered northern tidewater goby (Eucyclogobius newberryi; goby). The new survey protocol will use eDNA to better assess the presence or absence of the goby in aquatic habitat. To test the effectiveness of the eDNA sampling, the graduate student will be capturing and handling gobies with a dip or seine net in suitable habitat to compare results. The fieldwork is expected to take three years to be completed.   

Do they need a recovery Permit?                   

Reasoning: 

Yes.

Capturing gobies with a dip or seine net is a method of surveying that results in take. This project is benefitting the recovery of the species because this graduate student is developing a non-invasive sampling protocol that could result in less invasive surveys in the future.  While certain non-invasive surveys, like eDNA sampling, typically don’t require a recovery permit, more invasive sampling methods such as capturing with a dip net or seine net do require a recovery permit. 

Scenario 2.  Federal employee conducting northern spotted owl mousing surveys
A federal biologist working for a land management agency is interested in conducting protocol-level presence/absence surveys for the federally threatened northern spotted owl (Strix occidentalis caurina) on three parcels of federally owned land. The biologist intends to only conduct call-back and mousing surveys. The biologist will not handle or perform other activities. 

Do they need a recovery Permit?                 

Reasoning: 

No. 

While many presence/absence surveys for listed bird species do require a recovery permit, it is not required for all bird species. In the case of northern spotted owls, the recovery permit biological opinion for northern spotted owl specifies that a recovery permit is not required for call-back surveys or mousing.  Other listed bird species require a permit to conduct call-back (including least Bell’s vireo, southwestern willow flycatcher, coastal California gnatcatcher, and yellow-billed cuckoo).

Scenario 3.  County employee surveying for snowy plover
A biologist, working for the local county, is interested in conducting winter and breeding season surveys for the federally threatened Pacific Coast population distinct population segment of the western snowy plover (Charadrius nivosus nivosus; snowy plover). The biologist intends to survey the local county owned beach for plover throughout the breeding and winter seasons. The biologist will perform no other activities with the species.  

Do they need a recovery Permit?                    

Reasoning: 

Yes.

A recovery permit is required for breeding surveys for the plover, but a recovery permit is not required for winter surveys or surveys outside the known nesting season for this species. Monitoring snowy plover activity throughout the breeding season benefits the recovery of the species. Appendix J in the recovery plan for snowy plovers expands on the types of activities that require a recovery permit. 

Scenario 4. Consultant conducting pre-construction capture surveys 
A consultant was hired to perform upland, also referred to as terrestrial, capture surveys for a private development project in the range of the federally threatened Central California distinct population segment of the California tiger salamander (Ambystoma californiense; salamander). The biologist will be performing these surveys within suitable salamander habitat.   

Do they need a recovery Permit?                    

Reasoning: 

Yes.

This biologist will need a recovery permit to conduct purposeful capture surveys within the range of this species, as take via harassment will result. 

Scenario 5. Federal botanists wanting to collect seed of listed plant on federal lands 
A botanist with a federal agency wants to collect seed for the federally endangered Lassics lupine (Lupinus constancei) on Forest Service lands. The collected seed would be used to establish and maintain a seed bank.  

Do they need a recovery Permit?                                             

Reasoning: 

Yes.

Unlike wildlife, there is no “take” “take”
The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.

Learn more about “take”
of federally listed plants. As defined under the ESA Section 9(a)(2), a recovery permit is required for individuals who intend to “remove or reduce to possession plants – and their parts – from lands under Federal possession”.  Thus, a recovery permit is not required to remove or reduce to possession federally listed plants on non-federal lands. Since the botanist will be collecting seeds of a federally endangered plant on federal lands, a recovery permit is required. The collection of seed and establishment of a seed bank can benefit the recovery of a species by preserving genetic material and creating the opportunity to propagate or establish new populations in the future (which requires further authorizations via a recovery permit). 

Scenario 6. Water agency botanists collecting vouchers of listed plant on private lands
A botanist with a water district agency wants to collect voucher specimens for the federally threatened San Joaquin adobe sunburst (Pseudobahia peirsonii) on private lands, wherein whole plants will be collected. The collected vouchers will be used to document a new occurrence. 

Do they need a recovery Permit?                                            

Reasoning: 

No.

As mentioned above, a recovery permit is not required to remove or reduce to possession federally listed plants on non-federal lands. Since the botanist will be collecting entire specimens of a federally threatened plant off federal lands, a recovery permit is not required. State permits may still be required and possession is the responsibility of the biologist. The USFWS requests your involvement with our Field Offices regarding new information on plant species off Federal lands, to manage and guide the recovery of these species.  

Scenario 7. Consultant surveying for proposed threatened species 
A biologist who works with a research non-profit company wants to study the nesting habitat of the proposed threatened northwestern pond turtle (Actinemys marmorata; pond turtle). The research will involve capturing 10 female pond turtles and attaching radio transmitters to the carapace. Pond turtles will be monitored at nesting locations, and their nests will be uncovered to count the number of eggs and then covered again.

Do they need a recovery Permit?                                           

Reasoning: 

No.

A recovery permit is not required for work involving proposed species, whether threatened or endangered. Once the proposed species becomes listed, the biologist would have to apply for a recovery permit to conduct the activities described above.  State permits may still be required and possession is the responsibility of the biologist.

Scenario 8. State habitat restoration project 
A biologist who works for a state agency is proposing to restore 120 acres of newly acquired state lands into giant kangaroo rat (Dipodomys ingens; kangaroo rat) habitat. The newly acquired state lands occur in the range of the kangaroo rat but do not contain suitable habitat. The kangaroo rat is known to occupy habitat near the newly acquired state lands but does not occur on the property. Habitat restoration will involve removing invasive plant species and replanting native plants and known food resources for the kangaroo rat. No translocations of the kangaroo rat are proposed.

Do they need a recovery Permit?                                          

Reasoning: 

No.

A recovery permit is not required for general habitat restoration activities since the action may result in the incidental take of federally listed species (as in, purposeful harassment or harm is not the goal of the action). For projects with habitat management in mind, other mechanisms such as a Conservation Benefit Agreement, Habitat Conservation Plans, or ESA Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7
consultations are the best path for activity coverage. 

Scenario 9. The activity is a conservation measure in an active biological opinion
An action agency with a federal nexus has been issued a biological opinion that includes conservation measures to salvage and relocate an endangered species from the action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area
. The conservation measure will fulfill a recovery action in a published recovery plan for this species by taking genetic material that is used to understand the status and distribution of this species.

Do they need a recovery Permit?                                         

Reasoning: 

No.

The conservation measure is considered a part of the proposed action in the Section 7 consultation. The ‘take’ associated with this activity has already been considered in the effects analysis and is reported according to terms and conditions in the biological opinion.