Permits for the Incidental Taking of Endangered and Threatened Species
The Endangered Species Act requires that an incidental take permit be obtained for any “take” of an endangered or threatened species incidental to an otherwise lawful activity.
About
An Endangered Species Act Section 10(a)(1)(B) Incidental Take Permit is required for any "take" of an endangered or threatened species incidental to, and not the purpose of, an otherwise lawful activity.
This permit is not required for federal activities whose take has been evaluated in a Biological Opinion and described in an Incidental Take Statement.
What You Will Need
How to Apply
All permit applications will be posted on our incidental take permit webpage.
To apply, please contact us for guidance on how to begin. Please allow adequate time (at least one year prior to the start of your proposed activities) to complete a permit application (PDF) and to develop a Conservation Plan or Habitat Conservation Plan.
A permit application should provide all of the information outlined in the application instructions (PDF), and for processing efficiency, in the same structure and format. If any section of the application does not apply to your proposed activity, please do not skip the section; rather indicate it is "not applicable" and briefly explain why. Please provide adequately detailed information so that we have a complete picture of your proposed activities. Incomplete or vague information will delay processing and may result in your application being returned.
Conservation Plans must based on the best available scientific and commercial data. They are designed to offset harmful effects a proposed activity might have on listed species. They also provide additional conservation benefits and flexibility for landowners by including planning for unlisted species. This proactive approach can reduce future conflicts and may even preclude listing of species, furthering the purposes of the Endangered Species Act. The process also provides an opportunity to develop strong partnerships with local governments and the private sector.
Send applications for incidental take of all species:
Email: PR_ESA_incidentaltakepermits@noaa.gov
Chief, Endangered Species Division
National Marine Fisheries Service, F/PR3/PR2
1315 East-West Highway
Silver Spring, Maryland 20910
Phone: 301-713-1401
Fax: 301-713-0376
Web Site: https://www.fisheries.noaa.gov/about/office-protected-resources
Send applications for incidental take of anadromous fish in the Pacific to one of these offices:
Oregon Washington Coast Area Office in Portland
1201 Northeast Lloyd Boulevard,
Suite 1100,
Portland, OR 97232
Phone: 503-230- 5400
Fax: 503-231-6893
Interior Columbia Basin Area Office
1201 Northeast Lloyd Boulevard,
Suite 1100,
Portland, OR 97232
Phone: 503-230- 5400
Fax: 503-231-6893
California Coast Area Office in Santa Rosa
777 Sonoma Avenue,
Room 325,
Santa Rosa, CA 95404
Phone: 707-387-0737
Fax: 707-578-3435
The California Central Valley Area Office in Sacramento
650 Capitol Mall
Suite 5-100
Sacramento, CA 95814
Phone: 916-930-3600
Fax: 916-930-3629
What Happens After You Submit
We will use the information that you provide in your application and Habitat Conservation Plan to determine whether your application is complete, and whether to issue a permit for the proposed activities.
After you submit your application, we will review it and may request that you provide additional information. We cannot accept your application until we have all required information. Once your application is accepted, we will post it on our website and publish a notice in the Federal Register. We will solicit public comments on the justification of the incidental take. We will review all comments and give you the opportunity to provide responses for substantive comments. The Director of the Office of Protected Resources will decide to issue or deny the permit based on your application, public and expert comments, your responses to those comments, and the environmental analyses of the requested activities. Once we issue a permit, we will indicate its status and post it on our incidental take permit webpage.
Once Your Permit is Issued
Once your permit is issued, it is valid until the specified expiration date. All permits require annual reports on your incidental take, and we may require additional reporting.