Incidental Take Permits
Imperiled beach-nesting birds (IBNB) - American oystercatcher, least tern, black skimmer and snowy plover, are State-designated Threatened species. Take of IBNBs, as defined in Rule 68A-27.001(4), F.A.C., is prohibited without a permit. IBNBs are primarily found along sandy beaches, inlets, spoil and barrier islands, and estuaries. Least terns and black skimmers are also found in interior portions of Florida, particularly foraging around freshwater lakes and human-made bodies of water and resting in adjacent sandy or gravel areas.
Do I need a permit?
Activities conducted along coastal areas and on development sites supporting essential behaviors such as breeding, critical brood-rearing (snowy plover only), and critical roosting (American oystercatcher only) can result in incidental take, which is take that occurs as a result of otherwise lawful activities. Activities that result in incidental take of IBNBs are prohibited without a permit from the FWC unless included in Other Authorizations for Take. Common forms of take for IBNBs include:
- Harm via death or injury of adults, eggs, or young.
- Harassment of adults or chicks (typically disturbing, flushing, or constructing/developing within 300 feet of active breeding sites).
- Harm via significant habitat modification (actions resulting in loss or modification of > 500 sq. feet (0.01 acres) of habitat, loss or modification of site with < 500 sq. feet of habitat).
Please refer to the IBNB Species Conservation Measures and Permitting Guidelines (page 14-16 and Appendix A) for examples of activities likely to result in take.
The IBNB Species Conservation Measures and Permitting Guidelines provide recommended project planning (pre-permit issuance), pre-activity (post-permit issuance) and breeding activity check survey methods to determine if IBNBs are present or are likely to be present on a site. The Guidelines also provide a mapping tool, Shoremapper, which can be used to conduct these desktop surveys. ShoreMapper provides information to assist you in determining whether project activities will take place in an area important for IBNBs and to what extent IBNB species will be impacted by the activity.
How to apply for a permit
If take is unavoidable, landowners, or their designated agent, can apply for an Incidental Take Permit in the FWC’s online permitting system. Please note that IBNB Incidental Take Permits are currently referred to as Migratory Bird Nest Removal Permits in the online permitting system. Applicants via designated agents shall include the IBNB Supplemental Application with their online application materials. Designated agents may also act as or contract with a IBNB Permitted Monitor or Qualified Rooftop Monitor to assist with minimizing and avoiding harm or harassment of IBNBs under the IBNB Incidental Take Permit. A named Qualified Rooftop Monitor or IBNB Permitted Monitor will be required for project activities authorized through an FWC Incidental Take Permit. The Guidelines provide additional information to help applicants provide a complete application.
The FWC can issue an Incidental Take Permit when there is scientific or conservation benefit to the species. Although applying for a permit is free, scientific or conservation benefit is achieved through minimization and mitigation options that may incur monetary expense (see Appendix B Table in Guidelines).