Who needs an Incidental Take Permit and HCP?
Any non-Federal entity whose otherwise lawful activities will result in the take of a listed species.
Incidental Take Permits
An incidental take permit (ITP) allows a property owner to conduct otherwise lawful activities in the presence of listed species. A non-Federal entity (e.g., a landowner or local government) develops an HCP in order to apply for an incidental take permit under section 10(a)(1)(B) of the ESA. Endangered and threatened species included in the HCP and ITP are termed “covered species” and the actions causing “incidental take” are called “covered activities”. If the US Fish and Wildlife Service and applicable State agency, such as the State of Hawaii, approve an HCP, the applicant receives an Incidental Take Permit. The ITP protects the applicant from punishment for incidental loss of species, as long as the approved HCP is followed.
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