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URTD & Incidental Take Query Update
In response to recent member queries regarding Commission action on the gopher tortoise listing status including specific concerns related to URTD and the continued issuance of Gopher Tortoise Incident Take Permits, I have organized this update around the questions you raised. Greg Holder, FWC GT 2 – Team leader.
- Can FWC send a letter out to the development and consultant community clarifying the listing status of the gopher tortoise, since there may be a significant increase in the number of Incidental Take Permit application filings in response to confusion over recent action taken by the FWC Commissioners?
The gopher tortoise issue team and others within FWC recognize that 2006-2007 is a critical time for gopher tortoise conservation efforts. We greatly appreciate the support of those who spoke and sent correspondence on behalf of the proposed listing reclassification. Although approved by the Commissioners, the status change won’t go into effect until a management plan is drafted (2006), reviewed, and approved (2007). To resolve any confusion within the development and consultant community regarding the tortoise listing status, we have drafted and sent the attached letter (‘Consultants 6-28-06’) that will hopefully allay some of the fears associated with this pending listing change.
- Will the Commission suspend URTD testing and if so, when?
Regarding suspension of mandatory URTD testing, we take the unanimous vote at the last stakeholders meeting very seriously. We will present a proposal to you on July 14 that addresses suspension and other URTD related issues articulated in your earlier meetings. We are fully aware of the minimal conservation value of the current testing requirement, particularly the direct tie to increased incidental take. Eliminating the requirement to test tortoises will provide some much-needed relief in reducing incidental take.
- Will the FWC suspend the issuance of Incidental Take Permits immediately?
We do not believe that a moratorium on the issuance of Incidental Take Permits is advisable at this time. The FWC understands the dilemma we find ourselves in, i.e. the pressure to reduce incidental take, but currently few other options for developers to consider. However, we believe serious consideration of a moratorium would indeed prompt confusion within the development and consultant community. Given this, we intend to explore alternative interim actions to reduce incidental take until the new permitting program can be implemented next year as part of the management plan.
We believe that substantial relief can be developed in the interim (between now and adoption of the gopher tortoise management plan) by addressing URTD, as you have suggested, and by identifying and establishing “pilot” restocking sites similar to what we are proposing in the draft management plan permitting model. To effect relief, we need to begin creating “relocation infrastructure” (suitable, identified restocking sites) now to begin providing viable permitting alternatives to the Incidental Take Permit.
Toward this end, we are asking stakeholders on July 14 to “brainstorm” ideas for interim relief actions and to provide us with the location of substantial relocation sites that may be identified as “pilot” restocking sites. We look forward to reviewing your ideas and working with you to establish restocking sites.
In response to the many intertwined inquiries regarding a specific development in Volusia County, I offer the following:
- Was the Incidental Take Permit for the Plantation Oaks Development issued following FWC Commission action in June 2006?
The Incidental Take Permit issued for Plantation Oaks was initially applied for in February 2005 and issued in February 2006. To our knowledge, the developer’s decision to request an Incidental Take Permit was not prompted by pending FWC review of the listing status of tortoise.
- Will the FWC rescind the Plantation Oaks Development Incidental Take Permit?
After careful consideration, the FWC has concluded that we will not rescind the Incidental Take Permit that is currently in effect for the Plantation Oaks Development. They, like others that possess “valid” Incidental Take Permits, secured the permit by working in good-faith with the agency staff using agency application guidelines and options. That being said, FWC staff will contact the permittee to make them aware of emerging permitting options that may become available as a result of interim relief ideas we will be seeking at your July 14 meeting. We recognize that off-site relocation sites for this number of tortoises, where some have tested seropositive, are limited at this time, but we are receptive to realistic and timely solutions (e.g., a “pilot” relocation site).
Finally, the FWC staff will work thoughtfully to balance the competing interests of the creation of interim recourses with working toward the goal of getting a comprehensive management plan written and in place. The recognized synergy between the FWC issue team and stakeholders has the potential to create a forward-thinking and truly workable conservation plan for gopher tortoises. We are committed to that ultimate goal and continue to look forward to working collaboratively to address the problems that this species faces in Florida.
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