HomeMy WebLinkAbout2010 10 11 Informational 103 Florida Fish and Wildlife Conservation Commission (FFWCC) Permit For Gopher Tortoise Surveys And Relocations COMMISSION AGENDA
CONSENT
INFORMATIONAL X
ITEM 103 PUBLIC HEARING
REGULAR
October 11, 2010 MGR A /DEPT .l
Meeting Authorization
REQUEST: The Utility Department is providing information to the City Commission
regarding the recently acquired permit from Florida Fish and Wildlife
Conservation Commission (FFWCC) for staff to conduct gopher tortoise
surveys and relocations.
SYNOPSIS: Stephanie Wolfe, Water Conservation Coordinator, has obtained an authorized agent
permit from the FFWCC.
CONSIDERATIONS:
Pursuant to current FWC guidelines, only an authorized agent who has the training and experience
required by the FWC is permitted to conduct gopher tortoise surveys, excavations, and relocations.
Stephanie Wolfe, Water Conservation Coordinator, has been granted a permit to conduct such
activities. The permit is effective until June of 2012. Thus far, a survey has been conducted for the
Oak Forest storage facility site where the new storage tank associated with the proposed reclamation
facility will be constructed. The identified gopher tortoises are outside the construction limits so no
relocation will be necessary but a protection plan will be implemented.
FISCAL IMPACT:
The fee associated with the authorized agent permit was $500. Employing an environmental
consultant to conduct survey and relocation activities within the City will not be required and will
provide a savings of an indeterminable amount.
COMMUNICATION EFFORTS:
This information will be posted on the City web page.
RECOMMENDATION:
Staff recommends the City Commission accept this information.
ATTACHMENTS:
1. Gopher Tortoise Agent Permit
Authorized Gopher Tortoise Agent
r' FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
Division of Habitat and Species Conservation •
` = Species Conservation Planning Section
#� 620 South Meridian Street, Mail Station 2A
Tallahassee, Florida 32399 -1600
(850) 410 -0656 ext. 17327
Permittee Name: Stephanie Wolfe Permit Number: GTA- 10- 00081A
Permittee Address: City of Winter Springs Effective Date: August 03, 2010
1126 East SR 434 Expiration Date: June 30, 2012
WINTER SPRINGS, FLORIDA 32708
UNITED STATES
IS AUTHORIZED TO:
1. Conduct gopher tortoise surveys
2. Mark, transport, and release captured gopher tortoises at recipient sites
3. Supervise backhoe excavation of gopher tortoise burrows to capture gopher tortoises
3
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Permittee Signature: del of „CA./ _ Iv Date: 0
Not valid unless signed. By sig .ture, confirms that all information pr idein to issue the permit is
accurate and complete, and indicates acceptance and understanding of the provisions and conditions
listed below. Any false statements or misrepresentations when applying for this permit may
result in felony charges and will result in revocation of this permit.
Authorized By: Richard McCann Authorized for: Nick Wiley, Executive Director
Authorizing Signature: Date: 08/03/2010
Species Conservation Planning Section
Is Authorized To (Continued)
This permit is in effect an amendment of permit GTA -10 -00081 that will expire on June 30,
2012 and supersedes all previous versions. All amended conditions of the previous permit
(changed or new items) are indicated in bold text.
PERMIT CONDITIONS AND PROVISIONS:
1 Authorization to conduct the specified activities in association with the relocation of gopher
tortoises in Florida are subject to Rules 68A -9.002 and 68A- 27.004 F.A.C., the Gopher Tortoise
Permitting Guidelines (April 2008 - revised June 2010), and subsequent revisions of these
guidelines that are in effect at the time the authorized activities are conducted, and subject to
the following provisions /conditions.
2 Authorized activities are also predicated and conditioned on the information and assurances
provided in the Permittee's Permittee's 06/21/2010 (supplemented 06/24/2010 and 06/29/2010)
application, and the 07/19/2010 (supplemented 07/26/2010) application for a permit
amendment, the assurances of which are herein incorporated by reference.
3 The Permittee shall only take, attempt to take, pursue, hunt, harass, capture, possess, or
transport gopher tortoises, or molest, damage or destroy any gopher tortoise burrows
when such activity is authorized by a separate permit (e.g., Conservation, 10 or Fewer
Burrows, Temporary Exclusion, Recipient Site, Scientific Collecting) issued by the FWC for
P E R M I T NO. GTA- 10- 00081A Page: 1 / 3
a specified property that authorizes the Permittee to capture and possess gopher
tortoises from or within that property.
4 Tortoises shall not be captured or relocated on days for which the overnight low
temperature for that day and the two consecutive days thereafter is forecasted by the
U.S. National Weather Service to be below 50 °F. This 3 -day window of milder overnight
temperatures is to allow the relocated tortoises to settle into the recipient site.
5 Captured gopher tortoises that show signs of disease (i.e., nasal and ocular discharge,
emaciation, etc.) should not be relocated off -site. At the Permittee's discretion,
symptomatic tortoises may be: relocated on -site; transported to and quarantined at a
FWC- licensed wildlife rehabilitation center (list available upon request) or licensed
veterinary facility and observed for recovery and subsequent relocation along with others
from the population; transported and donated to a FWC- permitted disease research
program; or humanely euthanized by a licensed veterinarian when disease is advanced.
6 Gopher tortoises released at a recipient site shall be released into an enclosure in
conformance with the FWC enclosure requirements. The enclosure must be maintained
for a minimum period of six months from that release, but no longer than twelve months;
however, the maximum 12 -month time limit will not apply when the entire perimeter of
the approved recipient site parcel is permanently fenced in conformance with the FWC
enclosure requirements. Enclosure materials, construction methods and dimensions must
conform to the requirements specified in the Gopher Tortoise Permitting Guidelines (April
2008- revised June 2010), or as amended. The enclosures must be regularly monitored
and maintained, including the immediate repair of any damage to maintain the integrity
of the enclosure. Monitoring of the enclosure shall be conducted at least once a week for
the first four weeks following release of tortoises, and at least once a month thereafter.
7 Gopher tortoises may be released into an enclosure constructed within a portion of a
recipient site. The stocking rate within the enclosure may be up to 1.5 times the gopher
tortoise density that is approved by the FWC for that entire recipient site parcel.
However, the maximum number of tortoises approved by the FWC for release into the
entire recipient site parcel shall not be exceeded.
8 This permit does not authorize Permittee access to any public or private properties. Any required
permission must be secured from the appropriate landholders prior to undertaking any work on
such properties.
9 Captures /relocations may be conducted only if local written approvals have been
obtained for clearing, grading, or construction activities. This permit is non - transferable
and must be readily available for inspection at all times while engaging in the permitted
activities.
10 This permit can be suspended, revoked or not renewed for just cause, pursuant to Chapter 120,
Florida Statutes.
11 The activities authorized under this Permit must be carried out by the Permittee or the Assistant
(s) that are designated by the Permittee. The Permittee shall revise its list of designated
Assistants and submit the required supporting documentation utilizing the FWC online permitting
system prior to that Assistant conducting any gopher tortoise activities authorized under this
permit. The FWC reserves the right to deny a Permittee's designation of an individual as its
Assistant for just cause. All activities conducted by Assistants must be under the supervision
and responsibility of the Permittee. Assistants must be directly supervised on site by the
Permittee when the Assistant(s) are collecting gopher tortoise blood samples or participating in
the backhoe excavation of gopher tortoise burrows. The Permittee shall be as fully responsible
for activities conducted by Assistants and contracted backhoe operators to the same extent as if
they had themselves carried out those activities under this Permit.
12 The Permittee and its Assistant(s) must carry with them either this original permit, or a complete
copy, while engaged in the permitted gopher tortoise activities. The Assistant(s) must also be in
possession of a copy of the letter of designation from the Permittee.
PERMIT NO GTA -10 -00081 A Page: 2 / 3
13 The Permittee, by signing this permit, specifically agrees to allow authorized Commission
personnel, upon presentation of credentials as may be required by law, access to sites to inspect
the activities authorized under this permit.
14 The Permittee shall keep accurate and complete records of the activities conducted under this
permit and provide a copy of these records upon receiving written request from the FWC. A
request for permit renewal or extension shall be submitted at least 45 days prior to the expiration
date of this permit.
A person whose substantial interests are affected by FWC's action may petition for an
administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes.
A person seeking a hearing on FWC's action shall file a petition for hearing with the agency
within 21 days of receipt of written notice of the decision. The petition must contain the
information and otherwise comply with section 120.569, Florida Statutes, and the uniform rules
of the Florida Division of Administration, chapter 28 -106, Florida Administrative Code. Upon
such notification, the Permittee shall cease all work authorized by this permit until the petition
is resolved. The enclosed Explanation of Rights statement provides additional information as to
the rights of parties whose substantial interests are or may be affected by this action.
PERMIT NO. GTA- 10- 00081A Page : 3 / 3