What is an Incidental Take Permit (ITP)?

An incidental take permit, or ITP, is an authorization from the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS) that covers the incidental, non-intentional harm or accidental death of Threatened and Endangered species if such 'take' occurs during lawful activities. Threatened and Endangered species are listed as such through processes defined by the California Endangered Species Act (CESA) and the Federal Endangered Species Act (FESA). The CDFW has the authority to authorize entities to “take” a species listed under CESA as Threatened or Endangered—such as the Mohave ground squirrel and Swainson's hawk, or Candidates for listing such as Crotch's bumble bee and burrowing owl. Likewise, the USFWS has the authority to issue take authorizations under Sections 7 and 10 of the FESA for Threatened or Endangered species such as the Coastal California Gnatcatcher or Mojave Desert Tortoise. An ITP would be required if the project would result in direct harm or mortality to endangered or threatened species, or wildlife harassment. An ITP may also be required if the project impacts listed species habitat or USFWS-designated Critical Habitat. This includes activities that alter, degrade, fragment, or result in habitat loss; create barriers to species movement; generate noise or light pollution; degrade air or water quality; or introduce invasive species.

While incidental take may seem destructive at first glance, an ITP is in fact a means of protecting Threatened and Endangered species, as ITPs contain requirements for avoiding, minimizing, or mitigating the effects of the permitted action or project on the listed species covered by the ITP. An independent third-party consultant can assist in writing the ITP application. Additionally, a consultant team can assist in helping project owners to avoid the need to acquire an ITP by describing how the project would avoid taking the species or habitat in question. If the project or action cannot be implemented without taking a listed species or its occupied habitat, obtaining an ITP is essential.

Learn more about how a consulting team can help successfully obtain an ITP for your project.

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