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: 03/31/2006

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.
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:
A.

The anticipated dates and duration of the activity.

VI.

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) 427-2522
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