The gopher tortoise (Gopherus polyphemus) is a Threatened species in Florida and shall be afforded protection under Commission rules and Florida Statutes (See Appendix 1). No person shall take, possess, or sell gopher tortoises, or parts thereof or their nests or eggs except as allowed by specific state permit or authorization. FWC law enforcement investigates reports of unpermitted take, harassment, molestation, damage, or destruction of gopher tortoises or their burrows and enforce any potential criminal violations. Examples of unpermitted actions that violate Rule 68A- 27.003, F.A.C. include the following: • Killing, harassing, or causing direct harm to gopher tortoises • Collapsing gopher tortoise burrow entrances or other parts of tortoise burrows • Blocking, covering, or filling in gopher tortoise burrow entrances • Placing substances or devices inside gopher tortoise burrows • Penning gopher tortoises or otherwise restricting their movement • Altering gopher tortoise habitat to such an extent that resident tortoises are taken by such activities (see Glossary for the definition of take) • Excluding tortoises from their burrows • Relocating or possessing gopher tortoises • Clearing, grading, paving, bulldozing, digging, building construction, and site preparation for development (i.e., an activity conducted in preparation for development that disturbs vegetation or the ground) within 25 feet of a gopher tortoise burrow.
Summary of Gopher Tortoise Permit Options for single-family home projects.
10 or Fewer Burrows (on-site relocation)
Permits capture of tortoises within a specified area where development-related activities will take place within 25 feet of a burrow; permits relocation of tortoises to another authorized location within the same property; project boundary must be silt fenced; take is limited to < 11 burrows; survey, specific capture methods, and release are required authorizations on this permit; mark is an optional authorization on this permit; authorized agent does not have to be named on permit.
10 or Fewer Burrows (off-site relocation)
Permits capture of tortoises within a specified area where development-related activities will take place within 25 feet of a burrow; permits relocation of tortoise(s) to permitted recipient site(s) on a different property(ies); take is limited to < 11 burrows; survey, specific capture methods, and release are required authorizations on this permit; mark is an optional authorization on this permit; authorized agent must be named on permit.
Disturbed Site (Includes Disturbed Site 10 or Fewer (on-site/off-site relocation); Disturbed Site Conservation (on-site/off-site relocation); and Disturbed Site Temporary Exclusion (on-site relocation))
Permits capture/relocation of tortoises from within disturbed portions of the project area after completing special survey requirements. Required in situations where premature disturbance to the vegetation or ground has occurred before gopher tortoise burrow surveys are complete or before gopher tortoise capture and relocation activities have been completed; mark is a required authorization on Disturbed Site Conservation Permits with on-site relocation but optional for Disturbed Site 10 or Fewer Permits (on-site relocation); survey, specific capture methods, and release are required authorizations on all disturbed site permits; authorized agent must be named on permit.
Activities That Do Not Require a Permit
Routine yard and vegetation maintenance and landscaping activities that do not harm gopher tortoises or collapse tortoise burrows do not require a permit. 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 9 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 cannot be conducted.
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.
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 $234 is only applied one time for each project site.
References:
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION:
GOPHER TORTOISE PERMITTING GUIDELINES Gopherus polyphemus April 2008 / Revisions Effective April 2023 Incorporated by Reference in Rule 68A-27.003, F.A.C. 146 pages.