Permit Applications

NATIONAL MARINE FISHERIES SERVICE
APPLICATION INSTRUCTIONS FOR PERMITS FOR THE INCIDENTAL TAKE
OF ENDANGERED OR THREATENED SPECIES UNDER THE ENDANGERED
SPECIES ACT
In coordination with, but not substituting for 50 CFR 222.307
OMB control number (0648-0230) Expiration date for clearance: 06/30/2018
Information Required in the Application
The Assistant Administrator may issue permits to take endangered or threatened marine species
incidentally to an otherwise lawful activity under section 10(a)(1)(B) of the Endangered Species
Act of 1973 (ESA). The information collection associated with the following application
instructions is required for the purpose of obtaining such a permit. The information provided
will be used to process the incidental take permit in accordance with the ESA, including the
solicitation of public comments on the justification of the take of ESA-listed species incidental to
proposed activities. The information provided by an applicant in accordance with these
instructions is not confidential and is subject to public exposure for comments. Notwithstanding
any other provision of the law, no person is required to respond to, nor shall any person be
subject to a penalty for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act, unless that collection of information displays a
currently valid OMB Control Number. Public reporting burden for this collection of information
is estimated to average 80 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to
the address below.
Privacy Act Statement
Authority: The collection of this information is authorized under the Endangered Species Act,
16 U.S.C. 1531 et seq. Purpose: In order to manage protected resources, NOAA Fisheries
requires the use of permits by participants in the United States. Information on permit
applications includes researcher contact information. Routine Uses: The Department will use
this information to determine permit eligibility. Disclosure of this information is permitted under
the Privacy Act of 1974 (5 U.S.C. Section 552a), to be shared within the NOAA Fisheries, in
order to coordinate monitoring and management of protected resources. Disclosure of this
information is also subject to all of the published routine uses as identified in the Privacy Act
System of Records Notice COMMERCE/NOAA-12, Marine Mammals, Endangered and
Threatened Species, Permits and Authorizations Applicants. Disclosure: Furnishing this
information is voluntary; however, failure to provide complete and accurate information will
prevent the determination of eligibility for a permit.
An application for a permit should provide all of the following information. The information
needed in the application should be presented in the same structure and format shown below to
increase processing efficiency. When a question does not apply, do not overlook the category,
but indicate Not Applicable (N.A.). In some cases, a brief explanation as to why the category is

not applicable may expedite processing. Please note that for the title and closing statement of the
application, specific wording is required.
If the applicant represents an individual or a single entity, such as a corporation, the application
should be for an individual incidental take permit. If the applicant represents a group or
organization whose members conduct the same or a similar activity in the same geographical
area with similar impacts on endangered or threatened marine species, the application should be
for a general incidental take permit. To be covered by a general incidental take permit, each
individual conducting the activity must have a certificate of inclusion issued under paragraph (f)
of 50 CFR 222.307. NMFS estimates a public reporting burden of .5 hour for each certificate of
inclusion. The sufficiency of applications will be determined by the Assistant Administrator in
accordance with the requirements of 50 CFR 222.307.
I.

One of the titles below as appropriate:
A.

Application for an Individual Incidental Take Permit under the Endangered
Species Act of 1973.

B.

Application for a General Incidental Take Permit under the Endangered Species
Act of 1973.

II.

Date of the application.

III.

The name, address, telephone, and fax number of the applicant. If the applicant is a
partnership, corporate entity or is representing a group or organization, include applicable
details.

IV.

A description of the endangered or threatened species, by common and scientific name,
and a description of the status, distribution, seasonal distribution, habitat needs, feeding
habits and other biological requirements of the affected species.

V.

A detailed description of the proposed activity, including, but not limited to:

VI.

A.

The anticipated dates and duration of the activity.

B.

The specific location of the activity. Please include latitude/longitude coordinates
if possible.

C.

For a general incidental take application, include an estimate of the total level of
activity expected to be conducted.

The application must include a conservation plan based on the best scientific and
commercial data, which specifies:
A.

The anticipated impact of the proposed activity on the listed species, including:

1.

The estimated number of animals of the listed species and, if applicable,
the subspecies or population group, and range.

2.

The type of anticipated taking, such as harassment, predation, competition
for space and food, etc.

3.

The effects of the take on the listed species, such as descaling, altered
spawning activities, potential for mortality, etc.

B.

The anticipated impact of the proposed activity on the habitat of the species and
the likelihood of restoration of the affected habitat.

C.

The steps that will be taken to monitor, minimize, and mitigate such impacts,
including:
1.

Specialized equipment, methods of conducting activities, or other means.

2.

Detailed monitoring plans.

3.

Funding available to implement measures taken to monitor, minimize and
mitigate impacts.

D.

The alternative actions to such taking that were considered and the reasons why
those alternatives are not being used.

E.

A list of all sources of data used in preparation of the plan, including reference
reports, environmental assessments and impact statements, and personal
communications with recognized experts on the species or activity who may have
access to data not published in current literature.

An application for a certificate of inclusion under a General incidental take permit must include
the following:
1.

General incidental take permit under which the applicant wants coverage;

2.

Applicant's name, address and telephone number (if the applicant is a partnership
or corporate entity, then the applicable details);

3.

Description of the activity the applicant wants covered under the general permit,
including anticipated geographic range and season; and

4.

Signed statement that the applicant has read and understood the general incidental
take permit and the conservation plan, will apply with the applicable terms and
conditions, and will fund the applicable measures of the conservation plan.

Modifications to Permits

Requests for modifications to incidental take permits should address all applicable sections of
these instructions, including a detailed description of the proposed changes. Appropriate
changes should also be made to the Conservation Plan. Modification requests involving an
increased number of animals, additional species, an increased risk to the animals, or a significant
change in the location of incidental take are subject to the 30-day public review and are granted
or denied at the discretion of the Assistant Administrator for Fisheries.
Where to Send the Application
The application may be submitted electronically, if possible (either by email or by mailing a
disk), but one signed original of the complete application must be sent to one of the following
addresses.
Send applications for incidental take of all species except sea turtles and Pacific salmon to:
Chief, Endangered Species Division
National Marine Fisheries Service, F/PR3
1315 East-West Highway
Silver Spring, Maryland 20910
Telephone 301-713-1401
Fax 301-713-0376
Send applications for incidental take of sea turtles to:
Chief, Marine Mammal and Turtle Division
National Marine Fisheries Service, F/PR2
1315 East-West Highway
Silver Spring, Maryland 20910
Telephone 301-713-2322
Fax 301-713-4060
Web Site http://www.nmfs.noaa.gov/pr/
Please see separate application instructions for incidental take permits for sea turtles, available
on-line at http://www.nmfs.noaa.gov/pr/permits/esa_permits.htm
Send applications for incidental take of anadromous fish in the Pacific to one of these offices:
Pacific Salmon
Northwest Regional Office
National Marine Fisheries Service
7600 Sand Point Way NE
Building 1
Seattle, WA 98115
Phone: (206) 526-6150
Fax: (206) 526-6426

NMFS Northern California Coast Salmon
National Marine Fisheries Service
1655 Heindon Road
Arcata, CA 95521
Phone: (707) 825-5163
Fax: (707) 825-4840
NMFS Central California Coast Salmon
National Marine Fisheries Service
777 Sonoma Ave., Room 325
Santa Rosa, CA 95404
Phone: (707) 575-6050
Fax: (707) 578-3435
NMFS California Central Valley Salmon
National Marine Fisheries Service
650 Capitol Mall, Suite 8-300
Sacramento, CA 95819
Phone: (916) 930-3600 Fax: (916) 930-3629
NMFS Southern California Salmon
National Marine Fisheries Service
501 West Ocean Blvd
Long Beach, CA 90802-4250
Phone: (562) 980-4020 Fax: (562) 980-4027