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Section 10 permit esa Form: What You Should Know

Permit. The application must be submitted to us in writing and should contain: A plan for the proposed take of the listed species. If no plan is provided the applicant should  provide a reasonable justification for not having one. We expect that most individuals will be involved in activities that have been approved by other means. The Habitat Conservation Approval Process (HCP) requires information to be provided to us including the: Permitted take area and date of take. A proposed mitigation or rehabilitation to protect the ecosystem (if an activity is authorized) to recover the threatened or endangered. To use the HCP process for taking threatened and endangered species we require a Habitat Conservation  approval and a Notice of Approval/Notice of Deficiency Form. We also require some documentation to show the hibernators of the proposed take. For example, the HCP applicant should be able to produce a permit issued by another governmental body or state or local government. Additionally, the application should contain a documentation of prior take which shows how the take and mitigation occurred including the fact that the taking was authorized by another method prior to application. HCP Process Application Process You must have the appropriate HCP Permit if you are planning to take an endangered or threatened species for purposes other than an incidental take.  You are not required to use the HCP process to take listed species if you have already had a Habitat Conservation permit when taking the listed species as part of a HCP project. This will be addressed in our HCP Process Overview.  As it pertains to you taking an endangered or threatened species for purposes other than an incidental take, a Section 10(A)  an Endangered Species Permit will be required. The Endangered Species Act (ESA) Section 10(a)(1)(B) Permit provides that a person or agency may take (taken) a listed  species (e.g., grizzly bear) from an area designated as a threatened or endangered species habitat by:  A petition submitted to us through our HCP process or, where appropriate, by a State wildlife agency, under the provisions of the National Environmental Policy Act; or A Federal permit issued by us under section 10(a)(1)(A) of the ESA, or when requested by the Federal Service, under the provisions of Public Law 93-638.

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