Endangered Species Act Permits & Authorizations

The Endangered Species Act (ESA) provides for the conservation of species that are endangered or threatened, as well as the conservation of the ecosystems on which they depend. Permits or other forms of authorization are required under the ESA to conduct activities that may result in the "take" of a protected species. The listing of a species as endangered makes it illegal to "take" (harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to do these things) that species. Similar prohibitions may extend to species listed as threatened. Section 10 of the ESA allows NOAA Fisheries to issue permits for direct take [Section 10(a)(1)(A)] and incidental take [Section 10(a)(1)(B)]. A Section 10 direct take permit allows the holder to take a listed species for scientific purposes or to enhance the propagation or survival of listed species. A Section 10 incidental take permit allows the holder to take a listed species when the action involved is incidental to, and not the purpose of, an otherwise lawful activity. Incidental take permits must be accompanied by a conservation plan, often referred to as a habitat conservation plan. In many cases, permits and authorizations require consultation under the Endangered Species Act. Learn more...