Why is the Gopher Tortoise Protected?

Are you wondering what the big deal is about gopher tortoises? They seem fairly common, why are they protected? And how does it affect you? I am about to explain all the fuss, what you can and can’t do, and what to do if a gopher tortoise is on your project site. The reasoning, the biology, and the regulations.

First of all, yes, the gopher tortoise is protected by law.

Actually all native wildlife species enjoy some level of protection under the law, but the gopher tortoise is what is often called a “listed species.” This means that it is on the endangered and threatened species list. In this case, it is on the State list, but not the Federal list in Florida and most other parts of its range.

What does this mean?

Currently the gopher tortoise is protected by federal law under the Endangered Species Act (ESA) in the Alabama counties west of the Mobile and Tombigbee Rivers and in Mississippi and Louisiana. In most of its range, the gopher tortoise is protected only by the state laws ; this includes Alabama (east of the Tombigbee and Mobile Rivers), Florida, Georgia, and southern South Carolina. In these areas, the gopher tortoise is now a candidate species for possible listing later under the ESA.

This means that, if you are in the western areas mentioned above, and you need to impact an area that has these tortoises,  you go through permitting and, potentially mitigation and creation of a Habitat Management Plan (HCP) with the Federal US Fish and Wildlife Service (USFWS). East of the Mobile and Tombigbee Rivers, impacting gopher tortoises goes through the state agencies, such as the Florida Fish and Wildlife Conservation Commission (FWC). However, the federal status could change, as do state regulations, so make sure that you or your environmental consultant stays on top of the status.

But why do gopher tortoises need to be protected? They seem very common.

Unlike most wildlife species, gopher tortoises are easy to see and they don’t run and hide. This means that you will have the perception that there are more of them compared to other animals.

But, still, it is evident that they are found in many places and even do well in peoples yards.

There are two major factors that have landed the gopher tortoise on the list of protected species. Threats to their habitat, and their importance to other species, including other endangered species.

The typical gopher tortoise habitat…

… is the more elevated and dryer land. The vegetation generally includes more grasses and forbs, with other low leafy shrubs. When in a pinelands area, there is not a lot of pine duff (accumulated pine needles). They need sunny areas and at least somewhat open sandy areas for dig their burrows.

This is often the prime real estate that we also like to build on.

There are, in fact, several species that have the potential of becoming endangered or disappearing because they depend on the same land conditions that are popular for development.

The thinking, of course, is that if a species which has the potential of loosing most of its habitat can be protected before it is already endangered, then it is more likely to be saved. That idea alone can’t put them on the Threatened and Endangered Species list in most cases, though the level of threat might.

The other reason…

…is the fact that the gopher tortoise burrows are an important refuge for many other species, at least 360 of them, including several already Threatened and Endangered species.

Protecting the gopher tortoise is part of the protection strategy for these other listed species.

The burrows may be up to around 30 ft deep, the record is 47 ft, and are dug in areas where they will have a fairly constant temperature and humidity. These conditions make the burrow the perfect place for many species to live and many others to use as temporary shelter.

In fact,

the burrows are well known to the other small animals

that live in the area, They use them as a life saving shelter during natural disasters, such as fire and hurricanes, as well as places to hide from predators.

Frequent fire is a natural part of Florida’s ecosystems, as well as in other places. The wildlife have adapted to this, in large part, by depending on the gopher tortoise burrows for safety.

Species that depend on these burrows include rabbits,  bobcats, lizards, frogs, mice, and many others.  The gopher frog and Florida mouse are two of the listed species that live in gopher tortoise burrows.

The burrows are often like underground apartment complexes, with several small animals creating side chambers that branch off of the main burrow. These animals that share the tortoise’s burrow are known as commensal species.

Many of the protected listed species that rely on the gopher tortoise

do not have defined protection guidelines or procedures in place.

They are still protected by law, but nothing spells out how to protect them from development and other activities because they are difficult to impossible to find, catch, relocate, etc.

For instance it is very hard to determine if the protected Florida mouse is actually present on a large property. The biologist has to find one and trap it, and if he doesn’t, that does not mean they aren’t there. And then, how do you reliably and safely capture them and relocate them?

The only realistic thing to do is manage the gopher tortoises and hope that you take care of everything else by doing so. Which, it turns out, does actually work fairly well.

The bottom line…

…is that biologists have determined that the gopher tortoise is an important link in the ecosystem and directly affects the survival of other species.

But what happens when you need to develop your site and there are gopher tortoises present?

…or, your if property is potential gopher tortoise habitat.

First you need to determine how much of your site is potential habitat. Then that habitat needs to be surveyed to determine if gopher tortoises are present, and, if so, how many and where each burrow is located.

This work is done by a biologist or environmental consultant who is qualified and certified. Florida keeps a register of those who are registered as certified “Gopher Tortoise Agents.” See the FL FWC web site for more information about this list, here.

If the biologist doesn’t find any gopher tortoises burrows, then you are able to use their report to move ahead and get a building permit.

If you do have gopher tortoises,

then they must be protected. There are a few different options, depending on your project and the site. Your environmental consultant will be able to explain what options are available to you under the regulations.

These options typically include avoiding and protecting the burrow by fencing off a 25 ft buffer, relocating the tortoises to another portion of your site until construction is done (onsite relocation), or relocating them offsite to a designated recipient site.

Once you’ve chosen your best option, your environmental consultant will start the process of applying for a relocation permit. Or, if you are able to avoid the burrow by 25 ft, you will have your engineer show the burrow, buffer, and protective fencing on an updated site plan. This plan will be part of your building permit application package.

You usually can’t obtain the clearing and building permits without the gopher tortoise relocation permit from the state. However, the State first needs to know that you are actually going to develop the site before they will allow relocation. Therefore, they require your building permit as proof that you are ready to move forward before they will issue the tortoise permit.

This can seem tricky and even convoluted. The state knows how to work with those situations, however, and your environmental consultant will be able to navigate the proper course.

Do you need an environmental consultant to deal with gopher tortoises?

Most of the time a Certified Gopher Tortoise Agent (usually an environmental consultant) is required for any gopher tortoise work. In certain circumstances, however, all of this can be done on your own if there are few than 10 burrows. However, if there are any issues, you may be subject to both mitigation costs and legal fines, with possible jail time. Additionally, your construction site will be shut down with a Stop Work Order, until the issue is resolved. At that point, a Certified gopher tortoise Agent will be required to handle the tortoise permitting and relocation.