Listed Species Services Explained

While technically no longer listed as a threatened or endangered species, the bald eagle is still afforded many protections under the federal Bald and Golden Eagle Protection Act.  Most of the legal protections are associated with documented active nest sites, which eagle pairs typically return to annually between October  -November each year to mate and rear young which typically fledge (fly on own from nest site) by late spring.  Nest sites are afforded primary and secondary protection zones, which are 330' and 660' from the nest site, respectively.  Any construction or other potential nest disturbing activities within those buffers must be reviewed by the USFWS migratory bird section, and seasonal / short term incidental take permits are frequently issued if the USFWS believes the disturbances can be minimized to avoid likely "take" / nest abandonment, and / or if sufficient mitigation for impacts is provided.  Typically, restrictions are placed on how close activities can occur during nesting and non-nesting season, and an eagle monitor is assigned to observe the pairs behavior and document if successful nesting occurred each year.  With Florida having the third largest eagle population (over 1,500 nesting pairs documented) in the USA outside of Alaska and Minnesota, eagle nest permitting and monitoring is frequently encountered on major roadway extensions and other development projects.

The southeastern American kestrel is a non-migratory subspecies of the American kestrel,  which resides in Florida year around, therefore nesting exclusively within the state.  They are protected at the state level as a "threatened" species, with regulatory permitting managed by FWC. The species is a cavity nesting bird, typically taking over woodpecker excavated cavities in dead trees (known as snags), but also nesting in cavities within wooden utility poles, bird boxes, and even well hidden roof shingles or trusses.  While the kestrel has been afforded some protections in the state for decades, the FWC recently issued a more formal  Species Conservation Measures and Permitting Guidelines in December 2020.  Common development activities which may impact or "cause take"  include activities within 490' of an active nest site, or which cumulatively reduces the amount of suitable foraging habitat to less than 124 acres within 0.31 miles of a "habitat use centroid" (an area determined based on surveys of active kestrel perch and foraging areas).  As kestrels frequently utilize large pasture areas such as those associated with agriculture, equestrian uses, or spray fields, conversion of these uses into active development has the potential to cause take. Surveys are conducted to determine the extent of mitigation needed to obtain an incidental take permit authorization from the FWC.

The Florida burrowing owl is a peculiar bird that utilizes burrows they dig in open, low growing herbaceous habitats.  These burrows are critical to nesting, roosting, and protection from predators.  Their burrows are typically 5 to 10 feet long and, despite not possessing what may be considered optimal "excavation anatomy", can be excavated by the owls in as little as 2 days.  The owls have very specific habitat requirements for dry sandy soils and low growing herbaceous vegetation that were historically provided by natural dry prairies, but are now limited in many areas to human altered habitats such as airports, golf and other athletic fields, and vacant lots maintained by mowing.  Common development activities are anticipated to cause take if they occur within 10' of a "potentially occupied burrow" anytime of year, 33' of a "potentially occupied burrow"  during nesting season (typically February 15- July 10), or which may cause significant habitat alterations (loss of more than 50% of total foraging habitat) within a 1970' radius of potentially occupied burrows.  Surveys are conducted and results compared to proposed development plans to determine if an incidental take permit and associated mitigation measures may be required.

The Florida sandhill crane is a year-round resident subspecies of the migratory sandhill crane. The migratory sandhill crane occurs throughout much of the USA and Canada, and only winters in Florida.  The Florida sandhill cranes are frequently seen foraging in golf courses, pastures and residential yards, as their foraging habits focus on open areas with low growing vegetation for optimal forage and good viewing distance for observing potential predators. While they forage mostly in uplands, they nest in shallow marshes with water levels typically 5-13" deep at nest site, which is deep enough to deter raids by common nest robbing species such a racoons.  As with many of the other species on this page, their nesting and foraging requirements are significantly impacted when development is proposed to occur near nest sites.  The FWC issued Species Conservation Measures and Permitting Guidelines in November 2016, which provide guidance on survey methods and activities which may cause incidental take.  Of note, surveys are often conducted by a combination of pedestrian surveys of marsh edges and aerial drone surveys to reach difficult to access marsh areas and minimize disturbance of nesting pairs.  Development activities anticipated to cause incidental take include impacts to suitable herbaceous nesting wetlands, activities within 400' of an active nest, and when flightless young are present, avoiding significant habitat alteration within 1500' of nests until the young are capable of flight (typically 70 days post hatching).  As is typical of most listed species, conducting surveys during the appropriate season is critical to determining potential impacts and if incidental take permitting may be required.