Incidental Take Permit Law and Legal Definition
Incidental Take Permit is a permit issued by the U.S. Fish and Wildlife Service to private non federal entities undertaking otherwise lawful projects that might result in the take of an endangered or threatened species. This permit is issued under the authority of the Section 10 of the Federal Endangered Species Act (ESA). This permit allows any taking otherwise prohibited by section 9(a)(1)(B) of the ESA if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity
The following is an example of a case of a case law relating to the incidental take permit:
Section 10(a) of the Endangered Species Act, 16 U.S.C.S. § 1539, allows the Fish and Wildlife Service to permit an applicant to engage in an otherwise prohibited "taking" of an endangered species under certain circumstances. The applicant first must submit a comprehensive conservation plan. The service then must scrutinize the plan and find, after affording opportunity for public comment, that: (1) the proposed taking of an endangered species will be "incidental" to an otherwise lawful activity; (2) the permit applicant will minimize and mitigate the impacts of the taking "to the maximum extent practicable"; (3) the applicant has insured adequate funding for its conservation plan; and (4) the taking will not appreciably reduce the likelihood of the survival of the species. [Friends of Endangered Species, Inc. v. Jantzen, 760 F.2d 976 (9th Cir. 1985)].
Legal Definition list
Related Legal Terms
- Additional Take Down
- Administrative Takedown Funds [Transportation]
- Affected Stakeholder
- Annual Limit on Intake (ALI)
- Basic Permit
- Building Permits
- Competing Preliminary Permit Application
- Construction Permit for Wire or Radio Communication
- Crewman’s Landing Permit (I-95)
- Discharge Incidental to the Normal Operation of a Vessel
