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 unless authorized by a

permit from the U.S. Fish and Wildlife

Service (FWS) or the National Oceanic

and Atmospheric Administration

(NOAA) Fisheries.

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

equally 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 have been exempted from

these prohibitions; others are allowed

under special circumstances provided

those conducting the activities have

acquired and adhere to the provisions of

permits issued by the FWS or NMFS.

What kinds of activities can permits

authorize?

The activities authorized by permits differ

depending on whether the species

affected is listed as endangered or

threatened. An “endangered species” is

any animal or plant that is in danger of

extinction. A “threatened species” is any

animal or plant that is likely to become

endangered in the near future.

For endangered species, permits may be

issued for scientific research;

enhancement of propagation or survival

of the species, including conservation

education; 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 which were captive born in the

United States for enhancement of species

propagation, provided the other person 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.

NOAA Fisheries also issues permits

involving certain aquatic species, as

An incidental take permit allows for development and the incidental take of listed species that

may result from the otherwise lawful activities. To offset any such take, the developer agrees

to follow conservation measures set forth in a habitat conservation plan. USFWS photo
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.

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 is to ensure there is adequate

minimizing and mitigating of the effects

of the authorized incidental take.

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.

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 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 preESA parents are fully protected and are

not considered pre-ESA.

Antiques

Antiques, including scrimshaw, can 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

If a species is listed as threatened or as an

experimental population, special rules

designated to cover unique situations may

allow otherwise prohibited activities.

Some foreign species covered by special

rules include several primates, African

elephant, Nile crocodile, and leopard.

Some native species covered by special

rules include American alligator, Utah

prairie dog, Louisiana black bear, desert

tortoise, and greenback cutthroat trout.

Intrastate Commerce

Commercial activities involving legally

acquired endangered or threatened

species that take place entirely within one

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
State by residents 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

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 a 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 where each parent is from a

different species/subspecies and where at

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.

least one parent is listed under the ESA.

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. Other laws

such as the Migratory Bird Treaty Act

(MBTA) and CITES consider hybrids

protected.

Raptors

Prohibitions under the ESA do not apply

to any endangered or threatened raptors

(except the bald eagle) legally held in

captivity since November 10, 1978, or to

any progeny provided they are possessed

and banded under the terms of a MBTA

permit and are identified in the earliest

annual report required by permit. The bald

eagle is also protected by 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 for permits

allowing the use of live specimens of

listed species for conservation education.

The NOAA Fisheries has jurisdiction over

certain listed aquatic species, including

marine species such as whales and seals.

NOAA Fisheries also has jurisdiction for

sea turtles while in the water; the Service

has jurisdiction for sea turtles while on

land. Jurisdiction varies between NOAA

Fisheries and the FWS for anadromous

fish species such as salmon, trout,

steelhead, and sturgeon. The FWS has

jurisdiction over certain listed marine

species such as the West Indian manatee,

southern sea otter, and all sea birds. To see

if a species is under NOAA Fisheries

jurisdiction, go to their Office of Protected

Resources web page at http://

www.nmfs.noaa.gov/prot_res/

prot_res.html.

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, and the Lacey

Act.
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 below).

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 application.

What about other permits for endangered

and threatened species?

For information on Endangered Species

Act permits issued by NOAA Fisheries,

visit their permit web page at: http://

www.nmfs.noaa.gov/pr/permits/.

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

Web: 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, PR, SC, TN, U.S.

Virgin Islands

U.S. Fish and Wildlife Service

Endangered Species Permit Office

1875 Century Blvd., Suite 200

Atlanta, Georgia 30345

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

Phone: 404/679-4176

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, MA 01035-9589

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

endangered/ecologicalservices/

Phone: 413/253-8628

email: permitsR5ES@fws.gov

Fax: 413/253-8482

FWS Pacific Region (1): CA, HI, ID, NV,

OR, WA, 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

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

ecoservices/

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 Permits Office

500 Gold Avenue S.W. (street address)

P.O. Box 1306 (mailing address)

Albuquerque, New Mexico 87103-1306

Web: http://www.fws.gov/ifw2es/

endangeredspecies/

Phone: 505/248-6649

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

Web: http://mountain-prairie.fws.gov/

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

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

endangered/index.htm

Phone: 907/786-3868

email: permitsR7ES@fws.gov

Fax: 907/786-3350

The U.S. Fish and Wildlife Service, Division

of Management Authority issues import/

export permits for native species and all

permits for foreign species. Visit their web

site at: http://www.fws.gov/international/,

or their contact information may be found

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

permits/location.htm.

U.S. Fish & Wildlife Service

Endangered Species Program

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

April 2006