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Protected fish and wildlife include those species listed as endangered, threatened or species of special concern. Also included are migratory birds and other species protected by FWC rules. FWC rules prohibit activities that may have a negative effect on protected fish and wildlife without a permit. This page connects you to information about the various permits associated with protected fish and wildlife and how to apply for them. Migratory Bird Nest TakeOsprey Florida ospreys (Pandion haliaetus) commonly nest on power poles, communication towers, water navigation devices, lighting fixtures, outdoor billboards and other man-made structures as well as in decaying or dead trees. These large nests sometimes render the structure inoperable or present a safety hazard. Permits typically authorize the removal of inactive nest (i.e. nests containing no eggs or flightless young) and usually require the permittee to build a replacement nesting platform/structure of comparable or better quality than the compromised nest support. Requests for removal of active nests (i.e. containing eggs and/or flightless chicks) are issued if the nest presents a safety hazard for the birds or humans. Active nest removal permits are issued with less frequency on a case-by-case basis. The FWC Osprey Nest Removal Policies address additional nest removal requirements. Florida Burrowing Owls The Florida burrowing owl is listed by the FWC as a species of special concern. It inhabits open prairies and cleared areas such as pastures, agricultural fields, golf courses, airports, and vacant lots in residential and commercial areas. Burrowing owls tend to nest on vacant lots in rapidly developing urban areas because they are attracted to the disturbed soil conditions associated with early construction activities. Hence, residential and commercial construction subsequently can be a major cause of burrow destruction, in these areas. The Commission’s policy is to issue permits to allow destruction of inactive (i.e. contains no eggs or flightless chicks) burrowing owl nest burrows only as a last resort and after all reasonable alternatives (such as realigning the development to avoid the nest) have been considered and determined impractical. Please review Burrowing and Owl Nest Protection Guidelines and Procedures in Urban Areas for nest removal requirements. Protection criteria for non-urban situations or situations where numerous burrows will be impacted will be addressed on a case-by-case basis. Migratory Birds (Nongame) Other nonlisted nongame migratory bird species (particularly raptors) occasionally nest on the same man-made structures referenced above, causing the same conflicts as ospreys. Additionally, some migratory birds engage in attacking behaviors which present a safety hazard to humans. Nest removal permits are occasionally issued to address these situations. Bald Eagles SCP Staff issue bald eagle disturbance, nest removal, and scientific collecting permits. The FWC Bald Eagle website links to the state and federal bald eagle management plans, the statewide nest database, technical assistance for projects, regional biologist contact information, and much more. Non Resident Falconry
Non Resident Falconry Non–resident Raptor Take permits are issued to licensed out-of-state falconers wishing to hunt for raptors in Florida. Falconers must possess a valid falconry license from both their home state wildlife agency and the United States Fish and Wildlife Service (USFWS). Non-resident falconers must also abide by the state falconry Rule 68A-9.005(9)(e) Florida Administrative Code (F.A.C.) Florida residents seeking to become a licensed falconer should visit the FWC Division of Law Enforcement Captive Wildlife webpage for additional information on applying for the Florida falconry license. Top of page Control of Nuisance and Depredating WildlifeAvitrol® for Nuisance Bird Control Avitrol permits are no longer required. Florida Department of Agriculture and Consumer Service (DOACS) licensed pest control operators no longer need a FWC permit to use Avitrol® to control nonlisted nonnative birds, primarily pigeons, which aggregate in such a manner as to become a nuisance and/or pose health risks to human populations, per Rule 68A-9.010(2) F.A.C. A FWC permit is required for take of any state listed species. The USFWS should be contacted to determine if federal permits are required for use on any bird species protected by the federal Migratory Bird Treaty Act (MBTA). Additional information is available in the following Avitrol Use document. Migratory Bird and other Wildlife Control Most problems involving migratory birds and other wildlife species occur in the spring. Information on control of non state listed birds and other wildlife species that create a public nuisance or cause property or other damage is available at the FWC wildlife assistance link. If the species is state listed, contact your Regional Species Conservation Biologist or the Protected Species Permit Office for technical assistance. Scientific Collecting and Educational PossessionScientific collecting (i.e. voucher, salvage, bird banding or translocation, biological sampling other research activities) and listed species educational/other possession (including waif gopher tortoises) permits are issued for activities which result in take or possession of wildlife, their eggs or parts thereof for scientific, educational, exhibition, propagation, management or other justifiable purposes (68A-9.002, F.A.C.). Applications must demonstrate scientific/educational/conservation benefits (68A-16.002, 68A-25 and 68A-27, F.A.C.) that will be accrued for the subject species as well as identify the purpose, scope, objective, methodology, location and duration of the project. Top of page Incidental Take PermitsIncidental take permits are issued for activities that may result in “take” of state listed species. These species also may be federally listed. Applications are contingent upon a habitat conservation plan (HCP) which defines the full impact on the species, describes methods proposed to minimize take, and outlines mitigation which may be rendered to offset the take. Additional information on HCPs and incidental take permits is available on the USFWS Ecological Services site and in the online FWC Florida Wildlife Conservation Guide. How to Apply for a Permit Please visit the FWC online permitting site to apply for a migratory bird nest removal permit (including bald eagles), a listed/protected species scientific collecting or educational possession permit (including bald eagles), or a non Florida resident falconry permit. The scientific collecting application is used for both scientific collecting activities and listed or protected wildlife species live possession activities. The following checklists should assist you in gathering the information required to apply for an online: migratory bird nest removal , scientific collecting (includes educational possession) or non Florida Resident Falconry permit . Applications submitted in the Online Permitting Site may be accessed at any time to check the status of any submitted application. This feature is available to any public user of the site. Paper-based scientific collecting, migratory bird nest removal, and non Florida resident falconry applications are also available upon request. However, online application submission is preferred for a more timely review process. Please contact the SCP Protected Species Permit Office to request a paper application. The eagle disturbance application and incidental take application checklist are currently available only in paper form. The submittal information is available on each form. All other requests for special purpose land dwelling listed/protected species permits not specified on this website should be prepared and submitted to the SCP Protected Species Permit Office. Top of page Timely responseThe Florida Statutes require state agencies to approve or deny complete applications within 90 days of receipt. Therefore, we ask you to submit a complete application and include all relevant information as attachments (e.g. scientific project proposals, educational plans and brochures, site plans, photographs, etc.). Complete permit applications, renewals, and amendment requests should be submitted a minimum of 45 days prior to the requested effective date. Top of page Gopher TortoisesPermitting Guidelines The Florida Fish and Wildlife Conservation Commission (FWC) has fully implemented the Gopher Tortoise Permitting Guidelines (1MB) (April 2008 - revised June 2010) that were approved by FWC Commissioners in April 2008 as the priority implementation item of the Gopher Tortoise Management Plan. Subsequent revisions to the Guidelines were approved by the FWC Commissioners in April 2009 and June 2010. The approved gopher tortoise permitting guidelines, along with the new online permitting system for gopher tortoise permits, replaced the Standard Relocation, Interim Incidental Take and Special Tortoise Relocation (i.e., 5 or Fewer on-site relocation) permit options with the Conservation, 10 or Fewer Burrows, and Temporary Exclusion permits. Please refer to the notification for implementation of the Gopher Tortoise Permitting Guidelines and the Frequently Asked Questions for more information on the phases of the guidelines implementation. If you have any questions pertaining to these guidelines, please contact Deborah Burr, Gopher Tortoise Plan Coordinator at Deborah.Burr@MyFWC.com. There are four available options to address the presence of gopher tortoises on lands slated for development: - Avoid development;
- Avoid destruction of tortoise burrows;
- Relocate tortoises on-site (permit required); or
- Relocate them off-site (permit required).
Effective April 22, 2009, the Division of Habitat and Species Conservation's, Species Conservation Planning Section (SCPS) issues three types of gopher tortoise relocation permits. The Conservation permit is available for development projects which require the relocation of gopher tortoises when more than 10 burrows occur on the development site. This permit allows for relocation either to an on-site preserve or off-site to a FWC-certified Recipient Site. Off-site relocation of tortoises may require testing of tortoises for Upper Respiratory Tract Disease (521KB) (URTD) at the discretion of the recipient site landowner. Applications for Conservation permits are submitted via the online permitting system or to a SCPS Tallahassee and Regional Office. The 10 or Fewer Burrows permit is for projects (usually single residential construction) which contain 10 or fewer gopher tortoise burrows on the development site. With this permit, the gopher tortoises can be relocated either on-site if there is suitable habitat, or off-site to a FWC-certified Recipient Site. Applications for 10 or Fewer Burrows permits can be submitted via the online permitting system or to a SCPS Tallahassee and Regional Office. A Temporary Exclusion permit is available specifically for the installation of major linear utility transmission lines. This option applies to situations that require the temporary exclusion of tortoises from utility construction corridor where habitats within the corridor will be restored to provide suitable habitat for tortoises following completion of utility installation. Gopher Tortoise Enforcement Policy (effective 3/6/2008) FWC Policy Protecting Tortoises and Their Burrows Agricultural, silvicultural, and wildlife management activities which impact gopher tortoises or gopher tortoise burrows do not require a permit if they are conducted in accordance with the Gopher Tortoise Enforcement Policy. These activities include tilling, planting, harvesting, prescribed burning, mowing, disking, roller chopping, and tree cutting. For additional guidance on activities that do not require a permit, refer to the Gopher Tortoise Enforcement Policy. Incidental Take Permits Incidental Take (I.T.) permits are no longer available. Currently issued Interim I.T. permits are still valid based on the conditions included with issuance. Conservation permits can be applied for via the online permitting system. An interim revised tortoise I.T. policy was approved by FWC Commissioners at their 13 June 2007 meeting. This interim policy was implemented July 31, 2007. Under the interim policy, tortoise I.T. permits issued for applications either received by the FWC after July 30 or previously received applications remaining incomplete after July 30 must relocate all tortoises out of harm's way as a specific condition of the issued permits. Please review answers to common questions about this policy. Standard Relocation This permit application option is no longer available. Please apply for a Conservation permit either via the online permitting system or to a SCPS Tallahassee and Regional Office. On-site Relocation of Five or Fewer Tortoises New applications are no longer being accepted for this permit option. Please refer to the 10 or Fewer Burrows permit for gopher tortoise relocation options. If you have questions on gopher tortoise permitting please contact the gopher tortoise conservation biologist in your county. |