Permits for native species under the Endangered Species Act

              U.S. Fish & Wildlife Service

Permits for Native Species

under the Endangered Species Act

Section 10 of the Endangered Species

Act (ESA) is designed to regulate a wide

range of activities affecting plants and

animals designated as endangered or

threatened, and the habitats upon which

they depend. With some exceptions, the

ESA prohibits activities affecting these

protected species and their habitats

unless authorized by a permit from the

U.S. Fish and Wildlife Service (FWS)

or the National Marine Fisheries

Service (NMFS). Permitted activities

are designed to be consistent with the

conservation of the species.

What activities are prohibited?

The ESA makes it unlawful to import or

export; deliver, receive, carry, transport,

or ship in interstate or foreign commerce

in the course of a commercial activity;

sell or offer for sale in interstate or

foreign commerce; take (includes harm,

harass, pursue, hunt, shoot, wound, kill,

trap, capture, or collect any wildlife

within the United States); take on the

high seas; possess, ship, deliver, carry,

transport, sell, or receive unlawfully

taken wildlife; remove and reduce to

possession any plant from areas under

Federal jurisdiction; maliciously damage

or destroy an endangered plant on areas

under Federal jurisdiction; and remove,

cut, dig up, or damage or destroy any

endangered plant in knowing violation

of any State law or regulation or in the

course of a violation of a State criminal

trespass law.* These prohibitions apply

to live or dead animals or plants, their

progeny (seeds in the case of plants), and

parts or products derived from them.

Some activities that might otherwise be

prohibited are exempt; see the next page.

Other activities are allowed in accordance

with permit provisions.

What kinds of activities can permits

authorize?

The activities authorized by permits

differ depending on whether the species

is listed as endangered or threatened.

An endangered species is in danger of

extinction throughtout all or a significant

portion of its range. A threatened species

is likely to become endangered in the

foreseeable future.

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.

A person registered with the FWS may

obtain a captive-bred wildlife permit to

buy and sell within the United States live,

non-native endangered or threatened

animals that were captive born in the

United States for enhancement of species

propagation, provided the other person in

the transaction is registered for the same

species. A separate permit is needed to

import or export such species. Captive-bred

wildlife permits are not issued to

keep or breed endangered or threatened

animals as pets. Using protected

species as pets is not consistent with the

purposes of the ESA, which is aimed at

conservation of the species and recovery

of wild populations.

What are the different types of permits?

The FWS Endangered Species program,

located in each of our Regional offices,

issues permits for native endangered and

threatened species, except for import

or export permits, which are issued by

the Division of Management Authority.

NMFS also issues permits involving

certain aquatic species, as outlined below.

Permits issued by the Endangered

Species program are of three basic types:

incidental take permits, enhancement

of survival permits, and recovery and

interstate commerce permits.

An incidental take permit allows for land development and the incidental take of listed

species that may result from otherwise lawful activities. To offset the take, developers agree

to implement conservation measures to minimize and mitigate the impacts to the species.

USFWS photo

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*It is unlawful to attempt to commit any of these offenses.

Incidental take permits

Incidental take permits are required

when non-Federal activities will result

in take of threatened or endangered

species. A habitat conservation plan or

“HCP” must accompany an application

for an incidental take permit. The habitat

conservation plan associated with the

permit ensures that the effects of the

authorized incidental take are adequately

minimized and mitigated.

Enhancement of survival permits

These permits are issued to non-Federal

landowners participating in Safe Harbor

Agreements or Candidate Conservation

Agreements with Assurances. These

agreements encourage landowners

to take actions to benefit species

while also providing assurances that

they will not be subject to additional

regulatory restrictions as a result of their

conservation actions.

Recovery and interstate commerce

permits

Recovery and interstate commerce

permits are issued to allow for take as

part of activities intended to foster the

recovery of listed species. A typical use of

a recovery permit is to allow for scientific

research on a listed species in order to

understand better the species’ long-term

survival needs. Interstate commerce

permits also allow transport and sale of

listed species across State lines (e.g., for

purposes such as a breeding program).

What situations are exempt from the

prohibitions of the ESA?

Pre-ESA

Species held in captivity or in a controlled

environment on (a) December 28, 1973,

or (b) the date of publication in the

Federal Register for final species listing,

whichever is later, are exempt from

prohibitions of the ESA, provided such

holding or any subsequent holding or use

of the specimen was not in the course of

a commercial activity (any activity that is

intended for profit or gain). An affidavit

and supporting material documenting

pre-ESA status must accompany the

shipment of listed species. A pre-ESA

exemption does not apply to wildlife,

including parts and products, offered

for sale. Any endangered or threatened

specimens born in captivity from pre-

ESA parents is fully protected and is not

considered pre-ESA.

Antiques

Antiques, including scrimshaw, may

be imported into the United States if

accompanied by documentation that

shows the article is at least 100 years old

and has not been repaired or modified

with any part of an endangered or

threatened species since December 28,

1973. Such antiques must enter through

a U.S. Customs Service port. If the

antique contains a species listed under

the Convention on International Trade

in Endangered Species of Wild Fauna

and Flora (CITES), the shipment must

be accompanied by a Pre-Convention

Certificate.

Special Rules

For a species that is listed as threatened

or as an experimental population, special

rules may allow otherwise prohibited

activities. Some foreign species that have

special rules include several primates,

the African elephant, Nile crocodile, and

leopard. Some native species that have

special rules include the Utah prairie

dog, Louisiana black bear, greenback

cutthroat trout, and six sea turtle species.

Intrastate Commerce

Commercial activities that take place

entirely in one State and involve legally

acquired endangered or threantened

species are not prohibited by the ESA.

However, many States have their

own laws which regulate activities

involving protected species. Contact

the appropriate State agency before

undertaking activities involving

Conducting scientific research involving endangered or threatened species (such as

monitoring sea turtle behavior through tagging, above) requires an endangered species or

threatened species recovery permit. USFWS photo

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endangered or threatened wildlife and

plants.

Offer for Sale

Endangered and threatened species

may be advertised for sale provided the

advertisement states that no sale may

be consummated until an interstate

commerce permit has been obtained from

the FWS.

Loans and Gifts

Lawfully taken and held endangered

and threatened species may be shipped

interstate as a bona fide gift or loan if

there is no barter, credit, other form

of compensation, or intent to profit

or gain. A standard breeding loan,

where no money or other consideration

changes hands but some offspring are

returned to the lender of a breeding

animal, is not considered a commercial

activity and, thus, is not prohibited by

the ESA and does not require a permit.

Documentation of such an activity should

accompany shipment.

Hybrids

Hybrids are offspring of animals or

plants whose parents are different

species or subspecies and, in the case

of the ESA, at least one parent is a

listed species. Hybrid offspring of

animals bred or propagated in captivity

are not protected by the ESA. It is

recommended that breeding records

be maintained to show parentage and

hybrid status. CITES and laws such as

the Migratory Bird Treaty Act (MBTA)

Partnerships with private landowners via Safe Harbor Agreements and Candidate

Conservation Agreements with Assurances under an enhancement of survival permit.

USFWS photo

Applying for a permit requires a completed

application form, any necessary supporting

materials (such as a Habitat Conservation

Plan), and an application fee.

consider hybrids protected.

Raptors

Prohibitions under the ESA do not apply

to any endangered or threatened raptors

legally held in captivity since November

10, 1978, or to any progeny, provided that

they are possessed and banded under

the terms of an MBTA permit and are

identified in the earliest annual report

required by permit. The bald eagle is

protected by the MBTA and the Bald and

Golden Eagle Protection Act (BGEPA).

Seeds from Artificially Propagated

Threatened Plants

No permits are required for activities

involving seeds from artificially

propagated specimens of threatened

plants. However, seeds must be

accompanied by a label stating that they

are of cultivated origin.

What other offices issue permits for

endangered or threatened species?

The FWS Division of Management

Authority, located in our headquarters

office, issues permits for foreign

endangered and threatened species, and

for import/export of native and foreign

species. It is also responsible for issuing

captive breeding permits and permits

allowing the use of live specimens of

listed species for conservation education.

NMFS has jurisdiction for whales,

seals, and sea lions. NMFS also has

jurisdiction for sea turtles in the water;

the FWS has jurisdiction on land.

Jurisdiction varies between NMFS and

the FWS for anadromous fish such as

salmon, trout, steelhead, and sturgeon.

The FWS has jurisdiction for listed

marine mammals such as the West Indian

manatee and southern sea otter, as well as

all sea birds. To see whether a species is

under the jurisdiction of NMFS, go to the

Office of Protected Resources Web page.

http://www.nmfs.noaa.gov/pr/species/esa/

What other laws apply?

Depending on the species involved, other

requirements may need to be met under

CITES, the MBTA, the BGEPA, the

Wild Bird Conservation Act, the Marine

Mammal Protection Act, the Lacey Act,

and State or local laws.

How do I apply for a permit?

Applications and instructions for

native endangered and threatened

species permits can be found on our

Permits website at: http://www.fws.

gov/endangered/permits/index.html,

or by contacting your closest Regional

Endangered Species office (see next page).

A fee is required to apply for a permit, and

to amend an existing permit. Please see

the instructions in each permit application

form for further information concerning

fees. Applicants should allow at least

90 days for processing of the completed

application.

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What about other types of permits?

For information on ESA permits issued

by NMFS, go to: http://www.nmfs.noaa.

gov/pr/permits/.

The FWS Division of Management

Authority issues import/export permits

for native species and all permits for

foreign species. Visit the Web site at:

http://www.fws.gov/international/contact_

page/DMA_who_we_are.html

U.S. Fish & Wildlife Service Native

Endangered & Threatened Species

Permit Contacts

FWS Midwest Region (3): IA, IL, IN,

MI, MN, MO, OH, WI

U.S. Fish and Wildlife Service

Endangered Species Permit Office

B.H. Whipple Federal Building

One Federal Drive

Fort Snelling, Minnesota 55111-4056

http://www.fws.gov/midwest/Endangered/

Phone: 612/713-5343

email: permitsR3ES@fws.gov

Fax: 612/713-5292

FWS Southeast Region (4): AL, AR, FL,

GA, KY, LA, MS, NC, SC, TN, Puerto

Rico, U.S. Virgin Islands

U.S. Fish and Wildlife Service

Endangered Species Permit Office

1875 Century Blvd., Suite 200

Atlanta, Georgia 30345

http://www.fws.gov/southeast/es/#

Phone: 404/679-7313

email: permitsR4ES@fws.gov

Fax: 404/679-7081

FWS Northeast Region (5): CT, DC, DE,

MA, MD, ME, NH, NJ, NY, PA, RI, VA,

VT, WV

U.S. Fish and Wildlife Service

Endangered Species Permit Office

300 Westgate Center Drive

Hadley, Massachusetts 01035-9589

http://www.fws.gov/northeast/

endangered/

Phone: 413/253-8615

email: permitsR5ES@fws.gov

Fax: 413/253-8482

FWS Pacific Region (1): HI, ID, WA, OR,

American Samoa, Commonwealth of the

Northern Mariana Islands, Guam, and

the Pacific Trust Territories

U.S. Fish and Wildlife Service

Endangered Species Permit Office

911 NE 11th Avenue

Portland, Oregon 97232-4181

http://www.fws.gov/pacific/ecoservices/

endangered/index.html

Phone: 503/231-2071

email: permitsR1ES@fws.gov

Fax: 503/231-6243

FWS Southwest Region (2): AZ, NM,

OK, TX

U.S. Fish and Wildlife Service

Endangered Species Permit Office

500 Gold Avenue S.W. (street address)

P.O. Box 1306 (mailing address)

Albuquerque, New Mexico 87103-1306

http://www.fws.gov/southwest/es/

EndangeredSpecies/

Phone: 505/248-6633

email: permitsR2ES@fws.gov

Fax: 505/248-6788

FWS Mountain-Prairie Region (6): CO,

KS, MT, NE, ND, SD, UT, WY

U.S. Fish and Wildlife Service

Endangered Species Permit Office

Denver Federal Center

P.O. Box 25486

Denver, Colorado 80225-0489

http://www.fws.gov/mountainprairie/

endspp/

Phone: 303/236-7400

email: permitsR6ES@fws.gov

Fax: 303/236-0027

FWS Alaska Region (7): AK

U.S. Fish and Wildlife Service

Endangered Species Permit Office

1011 E. Tudor Rd.

Anchorage, Alaska 99503-6199

http://alaska.fws.gov/fisheries/

endangered/index.htm

Phone: 907/786-3323

email: permitsR7ES@fws.gov

Fax: 907/786-3350

FWS California & Nevada Region (8):

CA and NV

U.S. Fish and Wildlife Service

Endangered Species Permit Office

2800 Cottage Way, Suite W-2606

Sacramento, California 95825-1846

http://www.fws.gov/cno/es/recovery.html

Phone: 916/414-6464

email: permitsCNES@fws.gov

Fax: 916/414-6486

U. S. Fish and Wildlife Service

Endangered Species Program

4401 N. Fairfax Drive, Room 420

Arlington, VA 22203

703-358-2171

http://www.fws.gov/endangered/

May 2008

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For information on other types of FWS

permits, visit our main permit Web site

at http://www.fws.gov/permits/.

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