Incidental Take Statement

Definition

An incidental take statement is a legal document that specifies the conditions under which a federal agency may allow the incidental taking of endangered or threatened species during activities that are otherwise authorized. This statement provides a framework for balancing development and conservation by setting limits on how many individuals of a species can be harmed or killed as a result of a project, while also requiring measures to mitigate those impacts. It plays a crucial role in ensuring compliance with the Endangered Species Act and fostering conservation efforts.

5 Must Know Facts For Your Next Test

1. The incidental take statement is issued as part of the consultation process when a federal agency determines that its actions may affect endangered or threatened species.
2. It includes specific numerical limits on the amount of take that can occur and often requires monitoring and reporting on impacts.
3. The issuance of an incidental take statement provides a legal protection for federal agencies by allowing them to proceed with projects while complying with the Endangered Species Act.
4. If the conditions outlined in the incidental take statement are not followed, it can result in legal repercussions and require a reevaluation of the project's impact on species.
5. Incidental take statements often include conservation measures that must be implemented to minimize harm to endangered species during project activities.

Review Questions

• What is the role of an incidental take statement in balancing development activities with species conservation?
  • An incidental take statement serves as a critical tool for balancing development activities with the need to protect endangered and threatened species. By outlining specific limits on how many individuals may be harmed or killed during federally authorized actions, it allows projects to move forward while ensuring that there are conservation measures in place. This helps federal agencies fulfill their obligations under the Endangered Species Act while still promoting economic development.
• Discuss how an incidental take statement fits into the broader Section 7 Consultation process under the Endangered Species Act.
  • An incidental take statement is a key component of the Section 7 Consultation process, which is required when federal agencies engage in actions that may affect listed species. During this consultation, agencies assess potential impacts on endangered or threatened species and work with wildlife agencies to develop an incidental take statement that outlines permissible levels of take. This process ensures that any authorized actions consider their effects on species and habitats, leading to informed decision-making and improved conservation outcomes.
• Evaluate the implications of not adhering to an incidental take statement for federal agencies engaged in development projects.
  • Failing to adhere to an incidental take statement can have significant implications for federal agencies involved in development projects. Non-compliance can lead to legal challenges, resulting in project delays, fines, or even halting of activities if they are found to be harming protected species. Moreover, such failures can damage public trust and agency credibility in managing wildlife resources. Therefore, following the conditions set out in the incidental take statement is essential for both legal protection and effective conservation.

Related terms

Endangered Species Act: A U.S. law aimed at protecting critically imperiled species from extinction, providing for the conservation of their habitats.

Section 7 Consultation: A mandatory process that federal agencies must follow to ensure that their actions do not jeopardize the continued existence of listed species or destroy their critical habitats.

Take: In the context of the Endangered Species Act, 'take' refers to actions that harm, harass, capture, or kill endangered or threatened species.