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<br />001G56 <br /> <br />shoot, wound, kill, trap, capture, or collect or attempt to engage in any <br />such conduct". Within this definition, the term 'harm' means an act <br />which actually kills or injures wildlife and can includes significant <br />habitat modification or degradation which actually kills or injures <br />wildlife by significantly impairing essential behavioral patterns, <br />including breeding feeding or sheltering. (16 U.S.C. 1532) <br /> <br />Section 10. Exemptions to Section 9. <br /> <br />. Allows for the 'taking' of listed species under specific permit(s) <br />issued by the Secretary. <br /> <br />\ <br />~ <br /> <br />. The Secretary may permit any activities. (i.e. 'taking') otherwise <br />prohibited by section 9, if such 'taking' is incidental to, and not the <br />purpose of, the carrying out of an otherwise legal activity [Section 10 <br />(a) (1) (8)). <br />- To obtain an incidental take permit, a Habitat <br />Conservation Plan (HCP) must be prepared and contain: <br />a conservation plan the specifies the impacts which will <br />likely result from the 'taking', <br />-- steps that will be taken to minimize and mitigate the <br />impacts (including funding). <br />an analysis of alternatives to the proposed activity. and <br />other measures required by the Secretary. <br /> <br />. Prior to granting a permit the Secretary must determine that: <br />the 'taking' will be incidental; <br />- the HCP will minimize and mitigate impacts to listed species; <br />- the applicant will be able to provide adequate funding for the <br />Plan's implementation; and <br />- the 'taking' authorized by the permit will not appreciably reduce <br />the likelihood of the survival and recovery of the species in the <br />wild. <br /> <br />. ~ 10 (j). Experimental Populations. <br />- Allows for the reintroduction of listed species outside of the <br />species current range if this action will further the conservation <br />of the species. This provision was intended by Congress to <br /> <br />7 <br />