A Review of NOAA's Incidental Take Permit (ITP) Process

The Endangered Species Act is considered the world’s most powerful piece of legislation. The purpose of the Act is to protect and recover imperiled species and the ecosystems they depend on. To achieve these goals, U.S. Fish and Wildlife Service and NOAA’s National Marine Fisheries Service implement many regulations, including one that prohibits almost all takes of listed species. One highly controversial aspect of the Act is the provision allowing non-federal entities to apply for an incidental take permit (ITP). ITPs authorize the incidental take of listed species during otherwise legal activities. I examined the ITP implementation process of listed marine species under NOAA’s jurisdiction. To analyze this process, I conducted a literature review and a case study analysis of the ITP issued to North Carolina Division of Marine Fisheries for sea turtles. I interviewed 13 stakeholders to obtain their perceptions of the process. The literature review revealed that little research has been conducted in regard to marine based ITPs, in contrast to the attention devoted to terrestrial ITPs. The review also revealed shared critiques and shortcomings of ITPs. My case study analysis demonstrated the complexities of the ITP process, which can be lengthy and require scientific data that may not exist. Interviews with stakeholders revealed a host of opinions, which varied considerably among participants. To improve the ITP process for protected species and stakeholders alike, I recommend that NOAA work toward streamlining the ITP process and ensure that all stakeholders are involved.