Endangered Species Act (federal)

(check state permits, too)

Overview

An Endangered Species Act permit is needed for any research involving a species listed as threatened or endangered under the ESA. The ESA prohibits activities that constitute take of listed species unless a Federal permit is issued that allows such activity. The ESA’s definition of “take” includes such activities as pursuing, harassing, trapping, capturing, or collecting in addition to hunting, shooting, harming, wounding, or killing.

The Bird Banding Lab requires that an ESA permit be issued before the BBL will issue a banding permit that includes endangered species.

Pro tip: allow plenty of time to receive your permit, as it can take 9-12 months.

Research on a species listed under the ESA requires a ‘recovery permit.’ A typical use of a recovery permit is to allow for scientific research on a listed species in order to understand better the species’ long-term survival needs. Interstate commerce permits allow transport and sale of listed species across State lines (e.g., for purposes such as a breeding program).

In some cases, you may need an ESA permit even if you are researching non-ESA-listed species. If you intend to conduct activities in a location where ESA-listed species may occur, contact the appropriate USFWS Regional Endangered Species permit issuing office before applying for an MBTA permit to determine whether an ESA permit is needed. The USFWS has no official policy at this time. The OC has asked the USFWS to issue formal guidance but in the meanwhile, err on the side of caution. If you will use non-selective capture techniques ( such as mist nets or rocket nets, for instance) or using other techniques such as predator playback or nest searching in an area where a federally-listed species is known to occur and within the habitats where it occurs, then you should communicate with the endangered Species office. They will determine if you will need an endangered species “Section 10” (incidental take) permit. This would be true for all endangered Species, not just listed bird species. If the endangered Species office determines that your activity is not likely to impact a listed species in the project area, then you should obtain a written determination for your records. It is advisable to contact the endangered Species office before applying for a Section 10 permit; provide as much detail as possible about your project so they can make this determination.

If an ESA permit is needed, the MBTA permit application should state that the Endangered Species permit issuing office has advised that an ESA permit is also need and the species for which this permit is needed should be stated in the MBTA permit application. The Division of Migratory Bird Management and the Division of Endangered Species will coordinate that permit review and issuance.

Application Forms 

Recovery and Interstate Commerce Permit

Note: to import or export research samples under the Endangered Species Act, a separate permit is needed. See the Ornithological Council’s Import Guide.

Regulations

50 CFR PART 17 Subpart C Endangered Wildlife