Section 10 Permit Glossary: Key Terms & Definitions for Developers and Consultants

Section 10 Permit Key Terms & Definitions

Adaptive Management: A systematic approach to improving the management of natural resources by learning from the outcomes of operational programs and incorporating the lessons learned into future management decisions. Adaptive management is often a condition of ESA Section 10 permits to allow for adjustments in response to new information or changing circumstances.

Candidate Conservation Agreement with Assurances (CCAA): A voluntary agreement between the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS) and non-federal property owners who agree to undertake conservation measures for a candidate species. In return, the property owners receive assurances that they will not be subject to additional land use restrictions or mitigation requirements if the species becomes listed under the ESA in the future.

Critical Habitat: Specific geographic areas that are essential for the conservation of a threatened or endangered species and that may require special management considerations or protection. Critical habitat is designated by the USFWS or NMFS under ESA Section 4.

Cumulative Effects: The incremental impact of an action when added to other past, present, and reasonably foreseeable future actions, regardless of what agency or person undertakes such actions. Cumulative effects must be considered in the ESA Section 10 permit application and review process.

Endangered Species: A species that is in danger of extinction throughout all or a significant portion of its range. Endangered species are listed under the ESA and receive the highest level of protection.

Endangered Species Act (ESA): A federal law, enacted in 1973, that provides for the conservation of endangered and threatened species and the ecosystems upon which they depend. The ESA is administered by the USFWS and NMFS.

Enhancement of Survival Permit: A type of ESA Section 10 permit that authorizes the take of listed species in the course of conservation activities that provide a net benefit to the species. This permit is often associated with Safe Harbor Agreements or Candidate Conservation Agreements with Assurances.

Habitat Conservation Plan (HCP): A planning document that is required as part of an application for an Incidental Take Permit under ESA Section 10(a)(1)(B). The HCP describes the anticipated effects of the proposed taking, the steps the applicant will take to minimize and mitigate the impacts, the funding available to implement the plan, and the alternative actions the applicant considered.

Implementing Agreement: A legally binding contract between the permit applicant and the USFWS or NMFS that outlines the roles and responsibilities of each party in implementing the conservation measures and other conditions of an ESA Section 10 permit.

Incidental Take: Take of listed species that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Incidental take may be authorized by an ESA Section 10 permit.

Incidental Take Permit (ITP): A permit issued under ESA Section 10(a)(1)(B) that authorizes the take of listed species incidental to otherwise lawful activities, provided that the take is minimized and mitigated to the maximum extent practicable.

Jeopardy: A situation where an action is reasonably expected, directly or indirectly, to diminish a species' numbers, reproduction, or distribution so that the likelihood of survival and recovery in the wild is appreciably reduced. The USFWS or NMFS must ensure that the issuance of an ESA Section 10 permit will not jeopardize the continued existence of any listed species.

Listed Species: A species that has been determined to be endangered or threatened under the ESA and is included on the federal lists of endangered and threatened wildlife and plants.

Maximum Extent Practicable: A statutory standard that requires permit applicants to fully implement all reasonable and prudent measures to avoid, minimize, and mitigate the impacts of the proposed take on listed species. This standard is a key criterion for the approval of an ESA Section 10 permit.

Mitigation: Actions taken to avoid, minimize, rectify, reduce, or compensate for the negative impacts of a proposed activity on listed species or their habitats. Mitigation is a central component of ESA Section 10 permits and may include measures such as habitat restoration, land acquisition, or funding for conservation programs.

National Environmental Policy Act (NEPA): A federal law that requires federal agencies to assess the environmental impacts of their proposed actions and consider reasonable alternatives. The issuance of an ESA Section 10 permit may trigger NEPA compliance, depending on the scope and potential impacts of the proposed activity.

No Surprises Assurances: Regulatory assurances provided to the holder of an Incidental Take Permit under ESA Section 10(a)(1)(B). These assurances guarantee that the permittee will not be required to commit additional land, water, or financial compensation or be subject to additional restrictions on land, water, or other natural resources beyond the level agreed to in the Habitat Conservation Plan, even if unforeseen circumstances arise after the permit is issued.

Safe Harbor Agreement (SHA): A voluntary agreement between the USFWS or NMFS and non-federal property owners who agree to undertake conservation measures for listed species on their land. In return, the property owners receive assurances that they will not be subject to additional land use restrictions or mitigation requirements as a result of their conservation actions.

Section 7 Consultation: The process under ESA Section 7 by which federal agencies consult with the USFWS or NMFS to ensure that their actions, including the issuance of permits, are not likely to jeopardize the continued existence of listed species or destroy or adversely modify critical habitat. Section 7 consultation is required for the issuance of ESA Section 10 permits.

Section 10(a)(1)(A) Permit: A type of ESA permit that authorizes the take of listed species for scientific purposes, enhancement of propagation or survival, or other conservation purposes. This permit is distinct from the Incidental Take Permit under Section 10(a)(1)(B).

Section 10(a)(1)(B) Permit: Another name for the Incidental Take Permit, which authorizes the take of listed species incidental to otherwise lawful activities.

Take: As defined under the ESA, "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct" with respect to listed species. The definition of "take" is broad and includes significant habitat modification or degradation that actually kills or injures wildlife.

Threatened Species: A species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. Threatened species are listed under the ESA and receive protection, although the prohibitions are less stringent than those for endangered species.

Unforeseen Circumstances: Changes in circumstances affecting a species or geographic area covered by an HCP that could not reasonably have been anticipated by plan developers and the USFWS or NMFS at the time of the HCP's negotiation and development, and that result in a substantial and adverse change in the status of the covered species. Under the No Surprises Assurances, the permittee is not responsible for additional conservation measures or financial compensation beyond what is already agreed upon in the HCP, even if unforeseen circumstances arise.

U.S. Fish and Wildlife Service (USFWS): The federal agency within the Department of the Interior that is responsible for administering the ESA for terrestrial and freshwater species. The USFWS shares this responsibility with the National Marine Fisheries Service.