Incidental take permit

An incidental take permit is a permit issued under Section 10 of the United States Endangered Species Act (ESA) to private, non-federal entities undertaking otherwise lawful projects that might result in the take of an endangered or threatened species.

[1] "Take" is defined by the ESA as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened or endangered species.

Harm may include significant habitat modification where it actually kills or injures a listed species through impairment of essential behavior (e.g., nesting or reproduction).

Thus, permit holders can proceed with an activity, such as construction or other economic development, that may result in the "incidental" taking of a listed species.

The 1982 amendment requires that permit applicants design, implement, and secure funding for a Habitat Conservation Plan or "HCP" that minimizes and mitigates harm to the impacted species during the proposed project.

Threatened northern spotted owl ( Strix occidentalis caurina ). A project, such as planned logging, that might lead to habitat destruction of the northern spotted owl would require submitting an incidental take permit.