Incidental Take Permit Clause Samples

An Incidental Take Permit is a legal authorization that allows an entity to unintentionally harm, kill, or otherwise "take" a protected species while conducting lawful activities. This permit typically applies to projects such as construction, land development, or other activities that might impact endangered or threatened wildlife, provided that the permit holder implements measures to minimize and mitigate harm. Its core function is to balance the needs of development or other human activities with the protection of vulnerable species, ensuring compliance with wildlife protection laws while allowing necessary projects to proceed.
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Incidental Take Permit. An Incidental Take Permit (ITP) from CDFW may be required if the project, project construction, or any project-related activity during the life of the project will result in “take,” as defined by the Fish and Game Code, of any species protected by CESA [Fish & G. Code, §§ 86, 2080, 2081, subd. (b) (c)]. If there is a potential for take, Permittee may request consultation with CDFW and obtain the necessary state permits and/or submit plans to avoid any impacts to the species. Consultation with U.S. Fish and Wildlife Service or National Marine Fisheries Service would be required to receive take authority for federal threatened and endangered species.
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Incidental Take Permit. Permittee may elect to obtain an Incidental Take Permit (ITP) from CDFW if the Project, Project construction, or any Project activity during the life of the Project will result in “take,” as defined by Fish and Game Code, of any species protected by CESA (Fish & G. Code, §§ 86, 2080, 2081, subd. (b) (c)). If there is a potential for take, Permittee should request consultation with CDFW 4 ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇.▇▇▇/Data/CNDDB/Submitting-Data and obtain the necessary state permits and/or submit plans to avoid any impacts to the species. Consultation with U.S. Fish and Wildlife Service or National Marine Fisheries Service may also be required to receive take authority for ESA-listed threatened and endangered species.
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Incidental Take Permit. If the Project, project construction, or any Project-related activity during the life of the Project will result in “take,” as defined by the Fish and Game Code, of any species protected by CESA [Fish & G. Code, §§ 86, 2080, 2081, subd. (b) (c)], Permittee is advised to obtain appropriate take authorization [e.g., an DocuSign Envelope ID: D9A9AF3C-D6C5-46CD-8BC7-295DBCF44612 incidental take permit (ITP)] from CDFW. This Agreement does not authorize take of any rare, threatened or endangered species that may occur within or adjacent to the proposed work area, including red-legged frog, southern California steelhead, and least ▇▇▇▇’▇ vireo. If there is a potential for take, the Permittee shall immediately consult CDFW and obtain the necessary state permits and/or submit plans to avoid any impacts to the species. Consultation with U.S. Fish and Wildlife Service or National Ocean and Atmospheric Administration would be required to receive take authority for federal threatened and endangered species.
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Incidental Take Permit. If the Project, Project construction, or any Project-related activity during the life of the Project will result in “take,” as defined by the Fish and Game Code, of any species protected by CESA [Fish & G. Code, §§ 86, 2080, 2081, subd. (b) (c)], Permittee is advised to obtain appropriate take authorization [e.g., an incidental take permit (ITP)] from CDFW. This Agreement does not authorize take of any rare, threatened or endangered species that may occur within or adjacent to the proposed work area, including least ▇▇▇▇’▇ vireo; western yellow-billed cuckoo; southwestern willow flycatcher; and bank swallow. If there is a potential for take, the Permittee shall immediately consult CDFW and obtain the necessary state permits and/or submit plans to avoid any impacts to the species. Consultation with U.S. Fish and Wildlife Service or National Ocean and Atmospheric Administration would be required to receive take authority for federal threatened and endangered species.
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Incidental Take Permit 
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