Section 7 of the ESA , called Interagency Cooperation , provides the mechanism to ensure that actions taken by federal agencies do not jeopardize the existence of any listed species . As required by Section 7 , federal agencies must consult with the USFWS when any action the agency funds , authorizes , or carries out may affect a listed endangered or threatened species . Section 7 consultation is the main way that federal agencies manage takings of species .
The ESA prohibits the " take " of listed species through direct harm or habitat destruction . In the 1982 ESA amendments , Congress authorized the USFWS ( through the Secretary of the Interior ) to issue permits for the " incidental take " of endangered and threatened wildlife species ( Section 10a ( 1 )( B ) of the ESA ). Thus , permit holders can proceed with an activity that is legal in all other respects , but may result in the " incidental " taking of a listed species .
There is a variety of permits for the removal of an endangered or threatened species ( incidental take permits , enhancement of survival permits , and recovery and interstate commerce permits ). Each type of permit has a number of prerequisites .
Incidental take permits are required when non‐federal activities will result in take of threatened or endangered species . A habitat conservation plan ( HCP ) must accompany an application for an incidental take permit . The HCP associated with the permit ensures that the effects of the authorized incidental take are adequately minimized and mitigated . The 1982 amendment requires that permit applicants design , implement , and secure funding for the HCP that minimizes and mitigates harm to the impacted species during the proposed project . HCPs are legally binding agreements between the Secretary of the Interior and the permit holder .
Enhancement of survival 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 restrictio conservation actions .
Recovery and interstate commerce permits are iss of activities intended to foster the recovery of lis a recovery permit is to allow for scientific resear to understand better the species ' long‐term surv commerce permits also allow transport and sale lines ( e . g ., for purposes such as a breeding progr
However , because some species listed are subje Treaty Act , it is illegal for anyone to take , posses sell , purchase , barter , or offer for sale , purchase bird , or the parts , nests , or eggs of such a bird ex valid permit issued pursuant to federal regulatio species protected by the Migratory Bird Treaty A
As authorized by the Migratory Bird Treaty Act , U qualified applicants for the following types of ac propagation , scientific collecting , special purpos educational , migratory game bird propagation , a depredating birds , taxidermy , and waterfowl sal permit policy is developed by the Division of Mig the permits themselves are issued by the Region regulations governing migratory bird permits can ( General Permit Procedures ) and 50 CFR Part 21
Recovery Credit System The Recovery Credit System ( RCS ) program was RCS is an optional tool available to federal agenc the recovery of listed species on non‐federal lan agencies are able to more clearly show how ben lands offset unavoidable effects of federal action
Background Report