Incidental Take Overview

According to Section 29.604, Wis. Stats. [PDF 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 Wisconsin Endangered Species law allows for the taking of a protected species if the taking is not for the purpose of, but will be only incidental to, the carrying out of an otherwise lawful activity. Authorization for Incidental Take can occur through an incidental take permit if there is no state involvement in the project; or through the Incidental Take Consultation Process [PDF 31KB] if the state conducts, funds, or approves any or all of the activity . Authorization is determined by the DNR based on the following criteria:

Any adverse effects to the protected species must be minimized to the maximum extent practicable.
The activity will not jeopardize the continued statewide existence and recovery of the species or the whole plant-animal community of which it is part, or habitat that is critical to the species existence within the state.
Activity must benefit the public health, safety or welfare that justifies the activity.

Depending upon the complexity of the project and species involved, a conservation plan may be required. The department must provide public notice of the proposed activity for at least 30 days. If the public provides additional information that would impact the authorization decision, it will be considered prior to final authorization.

For more information on Incidental Take Authorization, please contact:

Rori Paloski
Incidental Take Coordinator
608-264-6040

Last Revised: August 23, 2004