Enclosure 3- Appendix C_GTPermittingGuidelines.pdf

GOPHER TORTOISE PERMITTING GUIDELINES

Gopherus polyphemus

April 2008

(Revised April 2013)

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

620 South Meridian Street

Tallahassee, Florida 32399-1600

Gopher Tortoise Permitting Guidelines Florida Fish and Wildlife Conservation Commission

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Insert: Permitting Guidelines Revisions History

September 2008

Authorized Gopher Tortoise Agent requirements were revised (pages 10 -

13).Revisions to the following sections have been made: definition of “gopher tortoise habitat” added to the glossary; Table 1, Mitigation Contributions, clarified, options for payment revised to delay acceptance of letters of credit;

Recipient Site Permits; Appendix 3; Appendix 4; 100% surveying (various sections); 10 or Fewer Burrows permits criteria addressed in new Appendix 11;

clarification of permit duration criteria; revision to when proof of local government approval is required; Improved Methods for Baseline Vegetation

Sampling and Follow-up Monitoring on Recipient Sites in Appendix 7; Revised

Indigo Snake handling and relocation guidance consistent with the U.S. Fish &

Wildlife Service.

April 2009

Revisions to the following sections have been made: clarification on permitting phased projects in Permit Duration; clarification on when FWC can provide notice to the permittee to do an on-site inspection of a 100% survey prior capture activities, and what the procedure is if more burrows are discovered Burrow

Surveys on Development Sites and in Appendix 4; clarification on when the 100-mile north/south relocation would be waived under Holding and Transport;

clarification on permit duration for 5-year permits.

Upon approval of the revision to these guidelines, all guidelines will be implemented with the exception of Settlement permits. Guidelines in this document that address the issuance of Settlement permits (Permit for Authorized

Relocation Post-Settlement of Law Enforcement Cases) are shaded because proposed revisions are still in draft form and full stakeholder input has not yet been solicited. Until the Settlement permit has been approved, the “after-the-fact” permit process continues to be in effect.

June 2010

Revisions to the following sections have been made: added clarification on impacts that occur within 25 feet of a burrow; added mitigation contributions for

Temporary Exclusion permit; replaced “Settlement” permit with “Disturbed Site” permit; revised marking scheme; added “Authorized Agent” permit activity for

“trainer;” included the option for the on-site relocation of tortoises whose burrows compromise existing structures; revised financial assurance requirements; added

Appendix 13: “Criteria for Gopher Tortoise Recipient Sites to Qualify as

Research Sites.”

June 2011

Revised the monitoring and reporting requirements for long-term protected recipient sites; added new criteria for the relocation of gopher tortoises from public projects to contiguous public conservation lands; added pre-application opportunity for potential recipient sites; added new definitions in the glossary, updated Florida Rule numbers, and editorial and punctuation revisions on pages

11, 12, 16, 24, 25, 40, 41, 42, and 53.

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November 2011

Added Appendix 12: “Guidelines for Restocking Public Conservation Lands;”

revised criteria and mitigation associated with the Disturbed Site permit; updated

FWC contact information; clarified that the $200 mitigation only applies to a project one time; clarified about listing assistants to authorized agents on after action reports; editorial and punctuation revisions on pages ii, ix, 1, 11, 13, 16, 17, 21, 23 and 40.

September 2012

Replaced Appendix 9: “Handling of Commensal Species during Relocations” with “Interim FWC Policy on the Relocation of Priority Commensals.”

April 2013

Made updates to relevant sections to be consistent with the Gopher Tortoise

Management Plan approved in September 2012; added that refunds will be issued to the permittee less a 3% administrative service charge assessed by the Wildlife

Foundation of Florida (WFF); added an option for FWC to request an updated survey for renewal of relocation permits; added guidance regarding categorical exclusion for military installations and large, landscape-scale conservation agreements; included new guidelines for capture activities using mechanical excavation; added suggestion for projects to fence the project boundary to prevent tortoises from re-entering the site; updated Appendix 2 permit process map;

revised Appendix 3 and added Appendix 3-1 that outlines specific financial assurance guidelines; updated FWC Conservation Easement template (Appendix

8); added new guidelines for waif tortoises (Appendix 14); added new criteria for

Suspension, Revocation, or Nonrenewal of Authorized Gopher Tortoise Agent

Permits and Registered Agent Authorization (Appendix 15).

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TABLE OF CONTENTS

GLOSSARY .................................................................................................................................. vi

I. INTRODUCTION

II. DETERMINING IF A PERMIT IS REQUIRED

Rules and Policies Protecting Tortoises and Their Burrows

Activities That Do Not Require a Permit

Activities That Require a Permit

Site Preparation Activities for Development

III. PERMITTING GUIDELINES

Mitigation Contributions

Documentation for Permit Applications and Issuance

Permit Duration, Permit Posting, and Post-Relocation Reporting

Burrow Surveys on the Development Site

Categorical Exclusion for Military Installations

Large, Landscape-scale Conservation Agreements

Capture, Handling, and Transport of Relocated Tortoises

IV.TYPES OF PERMITS

Authorized Gopher Tortoise Agent Permit

Relocation Permits for Properties with 10 or Fewer Burrows

Conservation Permit

Public Projects to Contiguous Public Conservation Lands

Recipient Site Permits

Temporary Exclusion Permit for Major Linear Utility Corridors

Burrow or Structure Protection Permit

Emergency Take without Relocation Permit

Disturbed Site Permit

Due Process for Gopher Tortoise Permit Applicants

V. HANDLING OF COMMENSAL SPECIES DURING RELOCATIONS

APPENDICES

Appendix 1. Rules and Policies Protecting Gopher Tortoises and Their Burrows

Appendix 2. FWC Gopher Tortoise Permitting System Process Map

Appendix 3. Information Needed for Relocation Permit Applications and Recipient

Site Permit Applications

Appendix 3-1. Financial Assurance Guidelines for Long-term Protected Recipient

Sites…………………………………………………………………….…47

Appendix 4. Methods for Burrow Surveys on Development

(Donor) and Recipient Sites

Appendix 5. Marking and Measuring Gopher Tortoises during Relocations

Appendix 6. Health Considerations for Gopher Tortoises during Relocations

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Appendix 7. Methods for Baseline Vegetation Sampling and Follow-up Monitoring on Recipient Sites

Appendix 8. Draft FWC Conservation Easement

Appendix 9. Interim FWC Policy on the Relocation of Priority Commensals

Appendix 10. FWC Gopher Tortoise Contact Information

Appendix 11. Modified Application Requirements, Recipient Site Criteria, and Handling Procedures for the 10 or Fewer Burrows Permit and the Burrow or Structure Protection Permit

Appendix 12. Gopher Tortoise Restocking Guidelines for Publicly

Owned Conservation Lands

Appendix 13. Criteria for Gopher Tortoise Recipient Sites to Qualify as

Research Sites

Appendix 14. Guidelines for Accommodating Waif Tortoises

Appendix 15. Criteria for Suspension, Revocation, or Nonrenewal of Authorized Gopher

Tortoise Agent Permits and Registered Agent Authorization……………..116

LIST OF TABLES

Table 1. Permit Type and Corresponding Mitigation Contribution

Table 2. Acceptable and Desirable Criteria Thresholds for

Recipient Site Characteristics

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GLOSSARY

abandoned burrow – burrow appears unused and dilapidated. The entrance is partially or completely collapsed, and the burrow is partially or completely filled with leaves or soil.

Recent rains, or recent activity by livestock or humans, do not appear to be the primary reason for burrow collapse. There are no trails into the burrow that might indicate that a tortoise recently passed through the leaf litter or that a small tortoise is using a dilapidated, adult burrow.

active burrow – burrow is in good repair, has the classic half-moon shaped entrance, and appears to be in use by a tortoise. These burrows generally have tortoise tracks or plastron scrapes clearly visible on the burrow floor or on the mound. The burrow floor often contains loose soil caused by tortoise activity. The burrow mound is usually clear of vegetation, and it may contain recently excavated soil. For burrow surveys and tortoise density determination, active burrows are combined with inactive burrows to create the potentially occupied classification.

asters – plants in the sunflower family.

baseline density – the estimated density (tortoises per acre) of resident gopher tortoises on a recipient site before relocated tortoises are released.

belt transect – a long, thin plot of specific or variable length and width. Burrows are counted within each transect to provide an estimate of the number of burrows, and tortoises, on a given site.

bucket trap – a plastic bucket (generally five gallons or 19 liters, but may be larger or smaller depending on burrow size) that is sunk directly in front of a burrow opening and covered with paper or cloth and soil (for camouflage) to create a pitfall trap for a gopher tortoise.

Bucket traps may capture tortoises leaving or entering a burrow.

caliper – a device used to measure straight-line distance between two points of an object or animal. In this case, a caliper with two long metal “jaws” is used to measure the length of the top (carapace) and bottom (plastron) shells of gopher tortoises; this caliper was designed to measure the diameter of trees and can be obtained from forestry supply companies.

canopy cover – layer of vegetation extending above head height, usually composed of tree branches.

carapace – the top (upper) shell of a tortoise.

carrying capacity – the maximum number of individuals of a species that an area can support, given the amount and quality of food, water, and cover.

- vii -clinical signs – veterinary term referring to visible signs or symptoms of disease, illness, or lack of well-being in animals. Nasal discharge is a clinical sign that may be observed when tortoises have upper respiratory tract disease (URTD).

commensal – living in a relationship in which one animal derives food, refuge, or other benefits from another animal without hurting or helping the other animal. The gopher frog, eastern indigo snake, Florida pine snake, and Florida mouse are listed commensal species of the gopher tortoise.

compromised burrow – gopher tortoise burrow that compromises the integrity or utility of an existing structure (e.g., under a propane tank), or the safety of the resident gopher tortoise (e.g., burrows in a grass parking lot, dirt driveway, etc.).

conjunctiva – the mucous membrane that covers the exposed portion of the eyeball and the inner surface of the eye.

conservation easement – a voluntary legal agreement between a landowner and a land trust or government agency that limits the type or amount of development on the landowner’s property, thus protecting the land’s conservation value while retaining private ownership.

contiguous public conservation land relocation- one type of on-site relocation where a public project occurs within ½ mile to public conservation lands and where the native population of tortoises can remain intact. Public projects and public conservation lands are considered contiguous if two or more upland communities occur within a distance of

2,640 feet (1/2 mile), and there is no physical obstacle [e.g., paved road open to the public (i.e., greater than 2 lanes, curb and gutter or other physical barriers, or a speed limit >30mph), railroad bed, impenetrable fence, river, and lake] that prevents tortoise movement to other upland areas within the relocation/restocking site.

correction factor – also known as a burrow occupancy rate; the percentage of gopher tortoise burrows on a particular site that are occupied at a given time (tortoises generally use more than one burrow over time).

densitometer – a forestry device used to determine canopy cover for a given area.

depth to the seasonal high water table (DWT) – a soil suitability criterion referring to a saturated zone in the soil. Values provided in the Natural Resources Conservation

Service (NRCS) website database are representative values (neither the highest nor lowest) for a particular soil type. The average value of the depth to the seasonal high water table range that is provided for each soil type in the NRCS database should be used when determining whether a soil type meets the acceptable or desirable soils criteria.

disturbed site (area)- a site where disturbance to the ground or vegetation has occurred.

donor site – the property, usually a development, from which tortoises are removed during relocations.

- viii -enclosure – a temporary, specified area of a recipient site that is surrounded by approved fencing or hay/pine straw bales to initially contain relocated tortoises and to help them acclimate to their new surroundings. See “soft release.”

endemic – exclusively native to a particular geographic area.

final stocking rate – the density of tortoises that can be relocated to a recipient site after considering the baseline density of the resident population. The final stocking rate is calculated by determining the maximum stocking rate (also known as the site evaluation stocking rate) and subtracting the baseline density.

filter fabric fencing – see “silt fencing.”

forage – plant material, such as grasses, legumes, and other flowering plants, eaten by grazing animals.

global positioning system (GPS) – a satellite-based navigational system; the receiver provides latitude and longitude data for specific applications (in this case, burrow locations).

gopher tortoise habitat – gopher tortoises use a variety of generally upland habitats including, but not restricted to, sandhill, scrub, xeric hammock, mixed hardwood-pine, pine flatwoods, dry prairies, coastal grasslands and dunes, and disturbed habitats (e.g., old fields, pastures).

ground cover – herbaceous plants and the lowest shrubs occupying an area: a generic term used to describe the mat of plants found on the forest floor.

herbaceous –nonwoody plants, generally green and leafy in appearance and texture.

impact - for the purposes of these Permitting Guidelines, unless otherwise noted as a “positive impact,” an impact includes any act or outcome as defined in Rule 68A-27.003 F.A.C., that may adversely affect any gopher tortoise or gopher tortoise burrow.

inactive burrow – burrow is in good repair, but does not show recent tortoise use. The lack of tortoise activity may be due to weather or season. These burrows have the classic half-moon shaped entrance, but the soil on the burrow floor is usually hard-packed, as is the burrow mound. There are no tortoise tracks or recently excavated soil, either on the burrow floor or on the mound. The burrow mound may have vegetation growing on it or be partially covered with fallen leaves. For burrow surveys and tortoise density determination, inactive burrows are combined with active burrows to create the potentially occupied classification.

infraction – Any act or omission that does not comply with statutes or rules related to gopher tortoises, FWC-approved guidelines, or permit conditions.

- ix -infrastructure – structural elements that provide the framework supporting a development (e.g., roads, bridges, water resources, wastewater management, electric power transmission, and telecommunications).

keystone species - a plant or animal that increases or decreases the diversity of an ecosystem, depending on its abundance or rarity. The gopher tortoise is a keystone species in upland habitats in Florida.

legumes – plants in the bean family.

live trap – a mesh wire cage trap, either homemade or commercially available (e.g., Havahart) that is set directly in front of a burrow to capture the resident tortoise.

local government approval – a permit, agreement, development order, or other authorization issued or granted in writing by the local city or county government having jurisdiction over the property.

long-term protection (habitat) – either privately or publicly owned lands placed under a perpetual (i.e., endless duration) conservation easement.

mesic (habitat) – having a moderate or well-balanced supply of moisture.

midstory – the middle layer, generally 3-9 feet in height, of trees and shrubs (in a multi-layered forest) shaded by taller trees.

mitigation contribution – compensation, usually either in the form of monetary contributions or protected habitat donations, to offset the ill effects of human-related land change (e.g., development) on gopher tortoise populations.

mycoplasma – an infectious agent (bacterium) that has been associated with upper respiratory tract disease in gopher tortoises.

nares – external openings of the nostrils.

off-site (relocation) – a FWC-permitted recipient site that does not lie within the same boundaries (as defined in the legal description or as identified by the county parcel identification number) of the development area from which tortoises are to be removed and that may be under either the same or different ownership.

on-site (relocation) – a FWC-approved or permitted recipient site that is located within the same boundaries (as defined in the legal description or as identified by the county parcel identification number) of the development area from which tortoises or commensals are to be removed and which is under the same ownership as the development area or is contiguous to public conservation lands.

PIT tags – passive integrated transponder (PIT) tags are small microchips (about the size of a grain of rice) that are injected into a tortoise’s hind leg using a hand-held applicator. A

- x -hand-held scanner reads the tag’s electromagnetic code and displays the tag’s number.

PIT tags provide an alternative method for permanently and uniquely marking individual tortoises.

plastron – the bottom (lower) shell of a tortoise.

plat – a map of land made by a surveyor showing boundary lines, buildings, and other improvements on the land.

population – a group of individuals of the same species that occur in a defined area at the same time and regularly interact or interbreed.

potential tortoise habitat – those land cover types and soil associations that are known to support the life history requirements of the gopher tortoise. These habitats include, but are not limited to, sandhill, scrub, scrubby flatwoods, pine flatwoods, dry prairie, coastal strand, xeric hammock, mixed pine-hardwoods, and disturbed habitats on suitably drained soils. Designation of an area as potential gopher tortoise habitat does not indicate that the area is currently inhabited by gopher tortoises.

potentially occupied burrow – this classification combines the active and inactive categories and, therefore, includes burrows with obvious signs of use and those with minimal or no obvious sign of use. A potentially occupied burrow is in good repair and has the classic half-moon shaped entrance. These burrows may have tortoise tracks or plastron scrapes clearly visible on the burrow floor or on the mound, or may have subtle or no tortoise sign. The lack of observable tortoise signs may be due to weather or season. The burrow floor may contain loose soil caused by tortoise activity, or it may be hard packed. The burrow mound may or may not have vegetation growing on it, and it may be partially covered by fallen leaves.

prescribed fire (controlled burning) – a planned fire applied within a particular land area under the right weather conditions to accomplish specific, well-defined management objectives.

protected lands (habitat) - Public or private lands that provide significant conservation and protection for imperiled wildlife, in this case the gopher tortoise, and are protected from imminent development or alteration, thereby ensuring present and future generations’ access to important wildlife resources. Habitat protection can be accomplished through fee simple ownership, acquisition of less-than-fee interests, or other agreements associated with landowner incentive programs.

public conservation lands – publicly owned lands that are currently managed for conservation and are designated as conservation lands by Chapter 253.034, Florida

Statutes, purchased for conservation purposes using funds from bonds or other monies dedicated specifically for conservation lands acquisition (e.g., Florida Forever, Preservation 2000, local bond initiatives, etc.), or afforded protection under federal law.

- xi -public project – a project on publicly owned land or land on which the government agency or entity has an easement and in which the public agency or entity is the applicant and subsequent permittee. Examples include public roads, schools, and government facilities.

recipient site – the property where relocated tortoises are released.

recommendation – preferred protocol or technique that permit applicants or permittees should follow, but that is not required (i.e., other viable methods are allowed). In the context of these guidelines, a recommendation is generally indicated by use of the verbs “should” or

“may.”

registered agent- an individual that has submitted a Registered Agent profile in the FWC online permitting system. Once submitted, this automatically issued status allows the

Registered Agent to apply on behalf of the property owner for permits that does not otherwise require the use of an Authorized Gopher Tortoise Agent (i.e., 10 or Fewer

Burrows permit with on-site relocation of tortoises captured using bucket trapping, hand shovel excavation or live trapping).

relocation – deliberately moving wild gopher tortoises or commensal species.

requirement – action or protocol that must be followed before FWC will issue a permit. A requirement also includes actions that must be undertaken to avoid violating FWC permit conditions and rules. In the text of these guidelines, a requirement is generally indicated by use of the verbs “must” or “shall,” or if an action is prohibited, by use of “do not.”

rescue relocation – deliberately moving individuals or groups of tortoises to areas that are typically unprotected and may be relatively small, disturbed, or inadequately managed to support long-term population viability. Rescue relocation is conducted primarily to remove wild gopher tortoises from human-caused harm.

responsible relocation – deliberately moving wild gopher tortoises into protected, managed, suitable habitat where their future survival and population viability are very likely.

restocking – deliberately moving wild gopher tortoises into protected, managed, suitable habitat where resident densities are extremely low and where the tortoises’ future survival and long-term population viability are very likely.

restocking site – an area of protected, managed, suitable habitat where gopher tortoise populations have been severely depleted or eliminated.

roller chopping – a forestry method for preparing sites for planting pine trees; also used as a land management tool to reduce the height and density of understory vegetation. A bulldozer pulls a heavy cylindrical drum with cutting blades that chop vegetation.

scute – a bony external plate or scale, as on the shell of a tortoise.

- xii -seropositive – positive blood test indicating an immune response (exposure) to the bacteria that cause upper respiratory tract disease in gopher tortoises.

shaded – reducing or eliminating sunlight and excessive heat when using bucket traps or live traps or when transporting tortoises. Shade may be provided by man-made materials

(e.g., plywood, plastic, cloth) or by vegetation (noting that vegetation dries with time and may fail to provide proper shade for more than a few days).

short-term protection (habitat) – either privately or publicly owned lands that have some enforceable protection commitment, but those commitments do not meet the definition of

“long-term protection” or “public conservation lands.”

shrub – a woody or herbaceous plant smaller in height than a tree and approximately 3 to 6 feet above the ground, often formed by a number of vertical or semi-upright branches or stems arising close to the ground.

silt fencing (Belton Industries, #935) – a durable type of silt fencing (36 in x 75 ft; pre-assembled, double-stapled, with oak stakes) that has been field-tested as an enclosure material for gopher tortoises. The manufacturer is Belton Industries, PO Box 127, Belton, SC; 800-845-8743; www.beltonindustries.com/silt.html. Distributors include

Pallen Enterprises, Conyers, GA (770-922-1812) and Certified Slings, Ft. Myers, FL

(239-334-1343).

silt fencing (filter fabric) – temporary sediment barrier consisting of a filter fabric stretched across and attached to supporting posts and entrenched. There are two types: 1) the silt fence is a temporary linear filter barrier constructed of synthetic filter fabric, posts, and, depending upon the strength of the fabric used, wire fence for support; 2) the filter barrier is constructed of stakes and burlap or synthetic filter fabric. These types of silt fencing are useful for temporary exclusion, but are generally not durable enough for six month-enclosures on recipient sites.

silviculture – the art and science of establishing and growing healthy, high-quality forests to meet human needs.

site evaluation stocking rate (maximum stocking rate) – the maximum allowable density on a particular recipient site, determined by evaluating habitat conditions such as canopy cover, soils, etc. Generally, maximum stocking rates range from two to four tortoises per acre.

site fidelity – remaining within a particular area.

soft release (relocation) – those releases where relocated animals are contained in a temporary enclosure at the recipient site for some period of time before being allowed to roam freely; this differs from hard releases where animals are turned loose without any period to acclimate to their new surroundings.

http://www.beltonindustries/silt.com

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Strategic Habitat Conservation Area (SHCA) – an area not within existing publicly owned conservation lands that FWC has identified as needing protection to meet minimum conservation goals and provide greater security for rare native plants, animals, and habitats.

take – to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in such conduct. The term “harm” in the definition of take means an act which actually kills or injures fish or wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. The term “harass” in the definition of take means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding or sheltering (Chapter 68A-27 F.A.C.).

understory – the lowest vegetative layer in a forest, consisting of woody and herbaceous growth less than 3 feet in height.

unprotected site (relocation) – lands that do not have any enforceable protection commitments or use restrictions that would prevent them from being modified and made unsuitable for tortoises.

upland (habitat) – high, generally dry lands that are not wetlands or surface(waters.

upper respiratory tract disease (URTD) – a disease that occurs in gopher tortoises, where infected individuals may show a discharge from the nasal passages or eyes, swelling of the eyelids or area around the eyes, or reddened third eyelid. These so-called clinical signs (i.e., symptoms) come and go over time.

viable population – a stable, self-sustaining population with a high likelihood (e.g., more than

95%) of surviving for a long-term period (e.g., 100 years).

waif tortoise - a gopher tortoise that has been removed from the wild but is not associated with a permitted relocation effort and is generally from an unknown location.

xeric (habitat) – very dry, in this case due to soil characteristics.

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=68A-27

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I. INTRODUCTION

The following gopher tortoise (Gopherus polyphemus) permitting guidelines have been produced by the Florida Fish and Wildlife Conservation Commission (FWC), with input from stakeholders, to provide a comprehensive overview of FWC’s gopher tortoise permitting system.

The gopher tortoise permitting system has been developed as one tool in accomplishing the goals and objectives set forth in FWC’s Gopher Tortoise Management Plan, approved in September

2012.

The overall goal of the management plan is to restore and maintain secure, viable populations of gopher tortoises throughout Florida so the species no longer warrants listing. Objectives under this goal include the following: 1) minimize the loss of gopher tortoises; 2) increase and improve gopher tortoise habitat; 3) enhance and restore gopher tortoise populations; and 4) maintain the gopher tortoise’s function as a keystone species.

This permit system has been designed to help accomplish all four of these objectives by providing incentives to landowners to manage their habitat for gopher tortoises, tortoise commensals, and other native wildlife species; providing incentives to responsibly relocate and restock tortoises to protected, managed lands rather than unprotected sites; providing a new permitting system that does not allow entombment of tortoises; and providing a permitting system with regulation and enforcement sufficient to ensure compliance with FWC guidelines and rules.

The Gopher Tortoise Permitting Guidelines is a document that may be edited and updated as needed in the future. Proposed changes to these guidelines will be reviewed annually by an

FWC standing team and a public stakeholder advisory group. All changes will require approval from the FWC Executive Director. The FWC Executive Director will also coordinate with the

FWC Chairman to determine when changes to these guidelines are substantive and warrant full review by the FWC Commissioners.

These guidelines do not address technical details or aspects of the permit application process associated with the gopher tortoise permitting website. The online permitting system allows individuals to register and submit permit applications, electronically submit required mitigation, and receive official communications including permits from FWC. It also allows the public to search for and view permit applications and issued permits. Additional information, instructions and frequently asked questions on the online permitting system is available at

MyFWC.com/GopherTortoise.

These guidelines include specific requirements and recommendations for various elements of the gopher tortoise permitting system. Requirements include actions or protocols that must be followed before FWC will issue a permit. They also include actions that must be undertaken to avoid violating FWC permit conditions and rules. The terms “shall” or “must” in this document denote guideline requirements. Recommendations include preferred protocols or techniques that applicants or permittees should follow, but that are not required (i.e., other viable methods are allowed). The terms “should” and “may” in this document denote guideline recommendations.

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These guidelines are intended to be a single source for all policy and protocols associated with

FWC’s gopher tortoise permitting system. As such, they are written primarily for an audience seeking such in-depth knowledge. Other publications and online materials have been developed to address the informational needs of groups that do not require an in-depth understanding of the entire system.

II. DETERMINING IF A PERMIT IS REQUIRED

Rules and Policies Protecting Tortoises and Their Burrows

Rules protecting gopher tortoises and their burrows, and the Gopher Tortoise Enforcement

Policy, are found in Appendix 1.

Activities That Do Not Require a Permit

Agricultural, silvicultural, and wildlife management activities that impact gopher tortoises or gopher tortoise burrows do not require a permit if they are conducted in accordance with the

Gopher Tortoise Enforcement Policy (Appendix 1), which is a part of these guidelines. 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 in Appendix 1.

Linear utility and highway right-of-way vegetation maintenance activities that may impact gopher tortoises or gopher tortoise burrows do not require a permit. These activities include mowing and tree cutting.

Routine yard and vegetation maintenance and landscaping activities that do not harm gopher tortoises or collapse tortoise burrows do not require a permit.

Note: Agricultural, silvicultural, wildlife management, and linear utility and highway right-of-way vegetation maintenance activities have not been shown to routinely result in significant gopher tortoise deaths (i.e., beyond the infrequent, accidental death of individual tortoises).

Therefore, FWC will investigate reports of the death of significant numbers of tortoises to determine if these deaths resulted from activities that did not constitute bona fide agricultural, silvicultural, wildlife management, or linear utility and highway right-of-way vegetation maintenance activities. The FWC may pursue such activities as a violation of Rule 68A-27.003, Florida Administrative Code (F.A.C.), which is included in Appendix 1.

Note: Activities that are intended to prepare land for development are not considered bona fide agricultural, silvicultural, and wildlife management, linear utility, or highway right-of-way vegetation maintenance activities. A permit is required for land development activities

(including site preparation for such activities) that result in impacts to gopher tortoises or their burrows. See Site Preparation Activities for Development below.

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A FWC permit is not required if development activity on a project site avoids impacts to tortoise burrows by 25 feet in all directions from the mouth of all burrows. Development activity must not harm gopher tortoises nor violate rules protecting them. Leaving a 50-foot diameter (25-foot radius) circle of habitat around each burrow (e.g., undisturbed “islands” or “crop circles”) and developing the rest of a project site does not qualify and requires a permit to ensure that gopher tortoises are not harmed. Examples of other violations noted in the past by FWC include but are not limited to killing or injuring a tortoise, harassing a tortoise by blocking access to its burrow, and altering gopher tortoise habitat to such an extent that resident tortoises are taken (see

Glossary and Site Preparation Activities for Development, below).

Activities That Require a Permit

A permit is required for any activity not covered in the section above, that causes a take, harassment, molestation, damage, or destruction to gopher tortoises or their burrows (see Rule

68A-27.003, F.A.C., in Appendix 1.) Activities that can lead to rule violations include, but are not limited to, clearing, grading, paving, bulldozing, digging, building construction, and site preparation for development.

Examples of actions that are rule violations include the following:

1) killing or causing direct harm to gopher tortoises

2) collapsing gopher tortoise burrow entrances or other parts of tortoise burrows without a permit

3) blocking, covering, or filling in gopher tortoise burrow entrances without a permit

4) placing harmful substances or devices inside gopher tortoise burrows

5) penning or restricting gopher tortoises into small areas for more than 72 hours without a permit

6) altering gopher tortoise habitat to such an extent that resident tortoises are taken (see

Glossary) by such activities

7) excluding tortoises from their burrows without a permit

8) relocating or possessing tortoises without a permit

Site Preparation Activities for Development

A permit is required for any site preparation activity conducted as a precursor to development that disturbs vegetation or the ground which impacts gopher tortoises or their burrows at the time of or as a result of development. To conduct these activities without a permit is a violation of

Rule 68A-27.003, F.A.C. (see examples 1-8, above).

Site preparation activities such as hand trimming vegetation and other minor determinations of suitability of property for development do not require a permit. These low-impact activities are allowed without a permit if they do not harm gopher tortoise burrows, harm gopher tortoises, or disturb the ground or vegetation so that accurate tortoise burrow surveys or FWC site checks

- 4 -cannot be conducted. FWC law enforcement will respond to reports of take, harassment, molestation, damage, or destruction of gopher tortoises or their burrows and investigate any potential criminal violations.

On sites where tortoises are present and burrows (active or inactive) are present, most site preparation activities require a permit. These activities include building construction, bulldozing, paving, clearing, or grading. If work has started without the proper permit, work shall stop on-site until a relocation permit has been obtained and all gopher tortoises have been relocated. If work has begun before a relocation permit is issued or before gopher tortoise relocation is complete, all prior permits may be voided and a Disturbed Site permit may be required.

Permit applications must include tortoise surveys of the entire development, not just infrastructure components. Permits will not be issued solely for proposed infrastructure (e.g., roads and utilities) that are part of a larger common development plan, project, plat, or subdivision. Issued permits must address all burrows to be impacted on the entire project, development, plat, or subdivision site plan (the development footprint). For example, if the entire development footprint impacts more than 10 burrows, such sites will not be eligible (i.e., meet the criteria) for issuance of a 10 or Fewer Burrows permit, even if the infrastructure itself impacts 10 or fewer burrows.

Applicants submitting permit applications for projects with site plans that include lots or space for residential, industrial, institutional, commercial, or other development must consider all burrows within such areas to be impacted by the development footprint. Only those tortoises residing in burrows that are located within either designated preserves or other areas that will not be impacted by any activity associated with the ultimate build-out of the proposed development site do not have to be relocated. Large projects that are subdivided into development phases where each phase is approved by the local government under a separate development order may be permitted separately, but only one 10 or Fewer Burrows permit will be issued per multi-phased project.

If site preparation activities occur before a gopher tortoise relocation permit is issued, then a

Disturbed Site permit may be required. The Disturbed Site permit process may result in the denial of an existing permit application or revocation of an issued gopher tortoise relocation permit (see Section IV).

In disturbed site cases, an FWC law enforcement investigation will be conducted to determine if gopher tortoises or gopher tortoise burrows have been impacted. Regardless of the outcome of investigations, the permit application review process will not resume until any gopher tortoises potentially buried in disturbed portions of the project site are given adequate time to dig out (a minimum of 28 days, comparable to that required during tortoise trapping efforts; however, longer periods may be warranted during cold weather when tortoises are less active).

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III. PERMITTING GUIDELINES

The FWC uses a multi-tiered approach to permitting actions involving gopher tortoises. These permits are divided into three main types: 1) Authorized Agent permits, which authorize persons to capture, transport, and release tortoises; 2) Site-specific relocation permits, which authorize capturing and relocation of tortoises either within the boundaries of the area being impacted (on-site) or from the area being impacted to a permitted recipient site (off-site); and 3) Recipient Site permits, which authorize the use of designated sites meeting specific criteria as recipient areas for tortoises. Emergency Take permits, Disturbed Site permits, and Burrow or Structure

Protection permits are three additional permit types, only issued under unusual circumstances.

The types of permits are illustrated by the flow chart in Appendix 2, FWC Gopher Tortoise

Permitting System Process Map.

Entombment of tortoises is not allowed under the conditions of any permit, with the exception of

Emergency Take permits. Emergency Take permits are available only in extreme circumstances where there is an immediate danger to public health and safety or in direct response to an official declaration of emergency by the Governor or local government authority. Local emergency situations that do not rise to the level of an official declaration should be handled by coordinating with FWC’s Division of Law Enforcement and seeking assistance in determining steps that must be taken in order to avoid additional take or endangerment of gopher tortoises.

Mitigation Contributions

A mitigation contribution is required for all relocation permits. A flat mitigation contribution from each applicant applies to the first 10 burrows (up to 5 tortoises for conservation permits) impacted on each project site authorized under a 10 or Fewer Burrows or Conservation permit.

This flat mitigation contribution of $200 is only applied one time for each project site.

Additional mitigation for sites supporting more than 10 tortoise burrows is required. Mitigation contributions are assessed by determining the estimated number of tortoises impacted (the number of potentially occupied tortoise burrows to be impacted, divided by 2). A variable scale for additional contributions is based on the overall conservation value of the action being permitted and the estimated number of gopher tortoises being impacted by the project. Preferred conservation actions, such as responsibly relocating tortoises to long-term protected lands, require a lower contribution per tortoise than relocations to short-term protected or unprotected lands or relocations associated with Disturbed Site permits. All mitigation contributions support gopher tortoise conservation actions as specified in the FWC-approved Gopher Tortoise

Management Plan.

Other costs may be incurred by applicants obtaining permits or conducting activities related to gopher tortoises. Examples of such costs include fees paid to consultants, fees paid for on-site preparation for gopher tortoise related activities, fees paid to owners of recipient areas, and fees associated with establishing conservation easements. These fees are not paid to FWC nor controlled by FWC.

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All mitigation contributions must be submitted to FWC as specified in these guidelines. Gopher tortoise mitigation contributions for a 10 or Fewer Burrows permit, Authorized Agent permit, Recipient Site permit, Temporary Exclusion permit, Burrow or Structure Protection permit, or

Disturbed Site permit must be submitted to FWC before the final permit will be issued.

Mitigation contributions for Conservation permits representing 100% of the estimated total amount due will be submitted prior to issuance of the permit. Online submission of mitigation contributions is provided in order to expedite permit processing and issuance. FWC will continue to explore alternative methods of payment, such as letters of credit and performance bonds, in the future.

If the actual number of gopher tortoises relocated is less than the number estimated, a refund of any excess funds paid will be made to the permittee, less the 3% administrative service charge assessed by the Wildlife Foundation of Florida (WFF) applied only to the refunded amount.

Permittees seeking a refund must submit a refund request form to FWC within 60 days of the date that the final after action report is approved. Disturbed Site permits follow a different refund process (see Section IV). If an issued gopher tortoise relocation permit is used to attempt to capture a gopher tortoise(s) but no gopher tortoise is captured or if a permit expires with no burrows impacted, the minimum mitigation amount required to obtain that type of relocation permit (e.g., $200 for 10 or Fewer Burrows permits or Conservation permits, or $100 for

Temporary Exclusion permits with tortoises excluded for two months or less) less the 3% administrative service charge assessed by the WFF, will not be refunded to the permittee because the issued permit authorized both the capture of gopher tortoises, and the damage, collapse or covering of gopher tortoise burrow(s).

If the number of tortoises encountered during relocation exceeds the number permitted, then the permittee or agent must stop all attempts to capture any gopher tortoise in excess of the permitted number, and call the FWC Gopher Tortoise Permit Coordinator as soon as possible. The permittee or agent must submit an application to amend the relocation permit, submit the associated mitigation contribution for additional tortoises, and be in possession of the issued amended permit before attempting to capture or relocate any gopher tortoise in excess of the original number permitted.

Juvenile tortoises that are less than 130 mm [5 inches] carapace length must be included on the burrow surveys and permitted for relocation. However, refunds (less the 3% administrative service charge assessed by the WFF) will be provided for relocated juvenile tortoises that are less than 130 mm carapace length after the final after action report is submitted and approved, and a refund request form is submitted by the permittee or his/her agent. Gopher tortoise eggs and nests are not included when calculating the mitigation contribution. All eggs and juvenile tortoises must be relocated.

Emergency Take permit mitigation contributions will be handled on a case-by-case basis, in accordance with the facts and circumstances of each permit incident. In cases where the number of burrows impacted can be accurately determined because of pre-existing on-site surveys, mitigation contributions will be calculated by multiplying this number by 0.5. This adjusted number will be used to calculate mitigation contributions as prescribed in Table 1. In cases

- 7 -where the total number of burrows impacted cannot be accurately estimated from prior surveys, mitigation contributions will be based on actual documented burrow evidence. Such evidence may include, but is not limited to, exit holes from old burrows, partial remains of burrows, and the density of gopher tortoise burrows (per acre) that occur within surrounding areas that contain similar vegetation and soil characteristics.

When an Emergency Take permit includes requirements for trapping or excavating burrows within an area that has been disturbed by clearing, grading, disking or other ground disturbance activities, no refunds will be made if the actual number of tortoises relocated is less than the number estimated, since gopher tortoises may have left the area during the disturbance.

The FWC realizes that all sites are unique and that circumstances influencing gopher tortoise populations are dynamic. For that reason, the initial permitting mitigation contribution is based on estimates from site surveys and a general application of a statewide correction factor.

Estimating the total amount due is accomplished by calculating the number of potentially occupied burrows (based on surveys of not less than 15% of the project site areas where potential gopher tortoise habitat is found), dividing by 2, and then applying the mitigation contribution amounts shown for the various permit types described in Table 1.

The mitigation contribution amounts will be adjusted over time to keep pace with inflation.

Tying these changes to the Consumer Price Index will ensure mitigation contributions are adjusted relative to actual price increases or decreases. The FWC will use the “All Urban

Consumers Price Index” (CPI-U), which is a reflection of the highest percentage of the population, and the CPI-U for the Southeast region. Information on the Consumer Price Index is available online at www.bls.gov/cpi.

In subsequent years, mitigation contributions will change by an amount equal to the annual CPI-

U for the Southeast region, and will be based on changes during the CPU calendar year (January

1– December 31). However, the minimum threshold for mitigation is set at the contribution levels outlined in the original approved version of the Gopher Tortoise Permitting Guidelines

(April 2008). Adjustments to the contribution amount will take effect on March 1 of each year because the CPI for the previous year is usually not available until mid-February. The contribution will be calculated based on the date that a completed application is received by

FWC. Mitigation contribution amounts will be published at MyFWC.com/GopherTortoise and sent out to all permittees.

http://www.bls.gov/cpi

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Table 1. Permit Type, Duration, and Corresponding Mitigation Contribution

PERMIT TYPE

PERMIT

DURATION**

MITIGATION CONTRIBUTION

Authorized Agent 2 years $500 (one-time contribution)

Recipient Site varies $500 per site (one-time contribution)

10 or Fewer Burrows

Tortoises are relocated on-site or off-site*

6 months $200

Conservation

>10 burrows relocated to long-term protected area, to public conservation lands,…