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Contact information
For incidental take questions, please contact:
Rori Paloski
Incidental take coordinator
608-264-6040

Incidental take
Permits and authorizations

Take is defined as shooting, shooting at, pursuing, hunting, catching or killing any wild animal; or the cutting, rooting up, severing, injuring, destroying, removing or carrying away any wild plant as per Chapter NR 27 Wis. Adm. Code [exit DNR]. According to section 29.604, Wis. Stats.[exit DNR] it is illegal to take, transport, possess, process or sell any wild animal that is included on the Wisconsin endangered and threatened species list.

In addition, it is illegal to remove, transport, carry away, cut, root up, sever, injure or destroy a wild plant on the Wisconsin endangered and threatened species list on public lands. Forestry, agricultural and utility practices are exempted from the taking prohibitions of listed plant species. The department can allow the taking of an endangered or threatened species under certain circumstances through an incidental take permit or an incidental take authorization.

Download the Incidental Take flyer [PDF] for more details.

Incidental take permit

An incidental take permit (ITP) is the most common incidental take request and is used for activities not conducted by the DNR and not conducted, funded or approved by another state agency. Incidental take associated with most commercial and residential projects (e.g., commercial buildings, subdivisions, single-family home construction) will require an ITP.

The department may issue an incidental take permit if all of the following apply:

  1. The taking will not be the purpose of, but will be only incidental to, the carrying out of a lawful activity;
  2. The responsible parties minimize and mitigate, to the maximum extent practicable, the impact caused by the taking;
  3. The responsible parties ensure that adequate funding for the conservation plan will be provided;
  4. The taking will not appreciably reduce the likelihood of the survival or recovery of the species within the state, the whole plant-animal community of which it is a part, or the habitat that is critical to its existence; and
  5. Any other measures required determined by the department to be necessary or appropriate.

Incidental take authorization

Incidental take associated with proposed activities being conducted by the DNR itself or being conducted, funded, or approved by another state agency will require an incidental take authorization (ITA).

The department may issue an incidental take Authorization if all of the following apply:

  1. The activity is accomplished in accordance with interagency consultation procedures established by the department and the agency for the purpose of minimizing any adverse effect on the species;
  2. The activity is not likely to jeopardize the continued existence and recovery of the species, or the whole plant-animal community of which it is a part, within Wisconsin;
  3. The activity is not likely to result in the destruction or adverse modification of a habitat that is critical to the continued existence of the species within Wisconsin; and
  4. The benefit to public health, safety or welfare justifies the activity.

Apply

An Endangered Resources Review is required prior to applying for an incidental take permit (ITP) or incidental take authorization (ITA). This review may be conducted by the Endangered Resources Review Program or through another formalized DNR permit/grant/approval process. The ER Review will provide the applicant with the information needed to comply with Wisconsin's Endangered Species Law and other laws and regulations protecting endangered resources. The ER Review will also indicate whether or not the applicant will need to request an ITP/ITA in order for the project to proceed and ensure that the correct species are included in the ITP/ITA request.

To apply for an incidental take permit (ITP) or incidental take authorization (ITA), please submit the following items.

Send the applications fee, plan and/or agreement to:

Department of Natural Resources
Bureau of Endangered Resources
ER Review program
PO Box 7921
Madison WI 53707-7921

Public notices

Incidental take public notices

Prior to authorizing the incidental taking of an endangered or threatened species, the department must provide public notice of the proposed activity for at least 30 days. Any application, conservation plan and implementing agreement submitted as part of a proposed IT project shall be available for public review upon request. The department shall consider all public comment on the proposed project if received within the comment period. If the public provides additional information that would impact the permit/authorization decision, it will be considered prior to final approval.

Official Public Notices for Incidental Take Projects
Notice End Date Project name Official Notice Information and supporting documents
5/3/2014 Watercress Prescribed Burn
IT PDF
Jeopardy assessment [PDF]

Mailing list

Incidental take mailing list

Public notices for proposed incidental take authorizations must be distributed to the appropriate local and state news media and organizations that request such notification per Wis. Stats. 29.604. [exit DNR]

Organizations or individuals can request notification by submitting a request in writing to:
Incidental take coordinator
WI DNR
Endangered Resources
PO Box 7921
Madison, WI 53707
608-264-6040
Last revised: Wednesday April 09 2014