Protected Wildlife Permits

The FWC issues permits for all state-designated Threatened species, some non-listed species, and some federally listed species. The U.S. Fish and Wildlife Service issues permits for most federally listed species. Permits are issued for activities that may cause take, as defined in the Florida Administrative Code (F.A.C.).

• For state-Threatened species, take is described in Rule 68A-27.001(4), F.A.C., as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in such conduct. The term ‘harm’ in the definition of take means an act which actually kills or injures fish or wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. The term ‘harass’ in the definition of take means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding or sheltering”.
• For take  is described in Rule 68A-1.004(80), F.A.C., as “taking, attempting to take, pursuing, hunting, molesting, capturing, or killing any wildlife or freshwater fish, or their nests or eggs by any means whether or not such actions result in obtaining possession of such wildlife or freshwater fish or their nests or eggs”.

Permits are divided into two main categories:

• intentional take, often referred to as scientific collecting or possession, and
• incidental take, which occurs during otherwise legal activities.

Species Conservation Measures and Permitting Guidelines have been developed for 26 species. These guidelines can assist with determining whether a permit is needed, and provide information on minimizing impacts to wildlife. The guidelines should be reviewed prior to submitting a permit application.

Activities authorized in rule, for which no permit is needed

• Removal of inactive nests for non-listed birds, as authorized in 68A-16.003, F.A.C. However, a USFWS permit may be needed for removal of an active nest. We recommend that you contact the USFWS Region 4 Migratory Bird Permit Office by phone at (404) 679-7070 or email [email protected] to determine what federal authorization or permits are required for any activity involving non-listed and listed migratory bird species, their nests and any part thereof. Please note that incidental take permits for birds are still referred to as migratory bird nest removal permits in FWC’s online permitting system.
• Land management as authorized in Rule 68A-27.007(2)(c), F.A.C.: Land management activities that benefit wildlife and that are not inconsistent with Management Plans for species as defined in this rule chapter are authorized and do not require a permit authorizing incidental take despite any other provision of this section.
• Agriculture and silviculture as authorized in Rule 68A-27.007(2)(d), F.A.C.: Agriculture, as defined in Section 570.02, F.S., conducted in accordance with Chapter 5I-8, F.A.C., effective 10-21-14, or Chapter 5M-18, F.A.C., effective 6-17-15, and the forestry and agriculture wildlife best management practices (BMPs) adopted in Rule 5I-8.001, F.A.C., by the Department of Agriculture and Consumer Service pursuant to Section 570.94, F.S., is authorized and does not require a permit authorizing incidental take despite any other provision of this section or Rule 68A-27.005, F.A.C

Activities authorized in policy, for which no permit is needed

The Imperiled Species Management Plan contains several policies which when followed do not require a permit. 

• Nest removal for inactive single-use nests of state-Threatened birds applies to birds that do not re-use the same nests.
• Aversive conditioning of state-listed species applies to species with Guidelines that describe non-lethal actions to reduce or eliminate nuisance behavior.
• State-listed species and man-made structures policy applies to species that are using structures such as buildings, bridges, utility poles, signs and pipes for essential behavior, such as breeding.

What permits have been discontinued?

• Airport safety permits; in many cases, permits are no longer required if activities fall under Rule 68A-9.012, F.A.C. Please review information to determine if a permit is needed.
• Bald eagle permits are no longer issued by FWC; a USFWS permit may still be needed
• Inactive nest removal from a man-made structure for non-listed migratory birds like ospreys and other raptors.

  Florida ospreys (Pandion haliaetus) commonly nest on power poles, communication towers, water navigation devices, lighting fixtures, outdoor billboards and other man-made structures as well as in decaying or dead trees. These large nests sometimes render man-made structures inoperable or present a safety hazard. Removal of inactive osprey nests (i.e., nests containing no eggs or flightless young) from a man-made structure no longer requires a permit from FWC. For non-listed species, active nest removal permits are no longer issued by FWC, however, a federal Migratory Bird Treaty Act permit may be required from the US Fish and Wildlife Service. Information on voluntary conservation practices that benefit ospreys, including replacement nesting platforms, is available in the Species Conservation Measures and Permitting Guidelines for Osprey.

  Other migratory bird species (particularly raptors such as hawks and owls) occasionally nest on man-made structures, potentially causing conflicts. Some birds may engage in attacking behaviors, presenting a human-safety hazard. In the past, nest removal permits have been issued to address these situations, however, these permits are no longer issued by the FWC for non-listed species. Please note that a federal Migratory Bird Treaty Act permit may be required from the US Fish and Wildlife Service. The guide to dealing with aggressive raptors provides information on how to address this situation.

  The FWC wildlife assistance page provides information on removing or deterring nuisance wildlife. If the species is state-listed, contact your Regional Species Conservation Biologist or the Protected Species Permit Office for technical assistance.

Scientific collecting permits allow for the intentional take of wildlife. Issuance of scientific collecting permits is intended to facilitate research and management, scientific collection, and educational activities under conditions that provide safeguards to the species. The standard for issuing permits for Species of Special Concern is found in Rule 68A-27.005, F.A.C.; The standards for issuing permits for state-Threatened species are found in Rule 68A-27.007(2)(a), F.A.C. For non-listed species, justifiable purposes for permit issuance are outlined in 68A-9.002, F.A.C. Most scientific collecting permits (including educational use) require approved research proposals or educational outreach plans. The information in the applicant guidance for scientific collecting permits (including for educational possession) is designed to assist applicants in submitting a complete permit application. Please visit the FWC online permitting site to apply for scientific collecting permits. Please review the permitting standards below and provide supporting information addressing the standards with other application materials. Species Conservation Measures and Permitting Guidelines provide additional species-specific information on scientific collecting requirements.

Some examples of commonly issued scientific collecting permits include:

• Gopher tortoise research (see applicant guidance for gopher tortoise scientific collecting permits)
• Voucher or salvage of protected species
• Surveying or research activities that require trapping and handling wildlife, including bird banding
• Educational live possession, including possession of waif tortoises
• Harassment of listed species to resolve wildlife conflicts

For state–listed Species of Special Concern, applications must demonstrate that activities will not be detrimental to the survival potential of the species, as described in Rule 68A-27.005, F.A.C. For state-Threatened species the following permitting standards from 68A-27.007(2)(a), F.A.C., apply:

The Commission may issue scientific collecting permits authorizing intentional take of Florida State-designated Threatened species for scientific or conservation purposes which will benefit the survival potential of the species except for species that have a permitting standard for intentional take in Rule 68A-27.003, F.A.C., and then that standard will apply. For purposes of this rule, a scientific or conservation purpose shall mean activities that further the conservation or survival of the species, including collection of scientific data needed for conservation or management of the species.

The following factors shall be considered in determining whether there is a scientific or conservation purpose which will benefit the survival potential of the species;

1. Whether the purpose for which the permit is required is adequate to justify removing specimens of the species if removed from the wild;
2. The probable direct or indirect effect which issuing the permit would have on the wild population of the species sought to be taken;
3. Whether the permit would conflict with any program intended to enhance the survival of the species sought to be taken;
4. Whether the purpose of the permit would likely reduce the threat of extinction for the species sought to be taken;
5. The opinions or views of scientists or other persons or organizations having expertise concerning the species sought to be taken;
6. Whether the expertise, facilities, or other resources available to the applicant are adequate to successfully accomplish the objective stated in the application; and,
7. Human safety.

The FWC issues incidental take permits for take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Applicants should review the incidental take application checklist. Permits for gopher tortoises (relocation), Florida burrowing owls, and other state-listed birds can be applied for online. Note that incidental take permits for state-listed birds are applied for under the Migratory Bird Nest Removal Permit application. Applications for all other species should be submitted to [email protected], as described on the form. Applicants should define the full impact on the species and review the permitting standards and evaluation factors below, making sure to include these as they describe methods proposed to minimize take, and outline how conservation or scientific benefit will be achieved. Species Conservation Measures and Permitting Guidelines provide additional species-specific information on minimizing and mitigating for take.

The Commission may issue permits authorizing incidental take of state-designated Threatened Species upon a conclusion that the following permitting standards have been met: the standards for species that have a permitting standard for incidental take in Rule 68A-27.003, F.A.C., take precedence; for all other state-designated Threatened Species, the permit may be issued when there is a scientific or conservation benefit (as defined below) and only upon a showing by the applicant that the permitted activity will not have a negative impact on the survival potential of the species. Factors which shall be considered in determining whether a permit may be granted are:

1. The objectives of a federal recovery plan or a state management plan for the species sought to be taken;
2. The foreseeable long-range impact over time if take of the species is authorized;
3. The impacts to other fish and wildlife species if take is authorized;
4. The extent of injury, harm or loss of the species;
5. Whether the incidental take could reasonably be avoided, minimized or mitigated by the permit applicant;
6. Human safety; and,
7. Other factors relevant to the conservation and management of the species.

Florida’s Imperiled Species Management Plan provides the following definitions for conservation and scientific benefit, as well as context as to when they may apply:

Conservation Benefit ‐ Applications for incidental take of state‐Threatened species will be considered on a case‐ by‐case basis. Through consideration of the seven evaluation factors listed in Rule 68A‐27.007, F.A.C, it must be clear that any proposed take is counterbalanced, and there is an additional benefit for the loss of species or habitat components supporting the essential behavioral patterns of breeding, feeding, or sheltering. The level of counterbalance plus additional conservation is determined by review of the proposed activity through the seven evaluation factors. The level is specific to how the application addresses the seven evaluation factors and to the species concerned.

Scientific Benefit ‐ Any study that would provide significant advancement in knowledge or management of the species, as identified in the Species Action Plan or other management or recovery documents, may be used to meet the condition of scientific benefit. Because scientific benefit can be used in lieu of conservation benefit, the value to the species must be measured against species needs and conservation actions, as determined by FWC. Scientific benefit may vary based on species and our current knowledge of species needs and habitats.

Non-Florida resident raptor take permits are issued to licensed out-of-state falconers wishing to capture raptors in Florida. Falconers must possess a valid falconry license from both their home state wildlife agency and the United States Fish and Wildlife Service (USFWS). Non-resident falconers must also abide by the state falconry Rule 68A-9.005(9)(e) F.A.C. The non-Florida resident raptor take permit checklist (includes educational possession) will assist you in gathering the information required to apply for the online permit.

Florida residents seeking to become a licensed falconer should visit the FWC Division of Law Enforcement Captive Wildlife webpage for additional information on applying for the Florida falconry license.

Florida ospreys (Pandion haliaetus) commonly nest on power poles, communication towers, water navigation devices, lighting fixtures, outdoor billboards and other man-made structures as well as in decaying or dead trees. These large nests sometimes render man-made structures inoperable or present a safety hazard. Inactive nest removal (i.e., nests containing no eggs or flightless young) no longer requires a permit from FWC, however, if the species is state-listed, the removal of nests from man-made structures must be conducted in accordance with the State-Listed Species and Man-Made Structures Policy. For State-listed species, requests for removal of active nests (i.e., containing eggs and/or flightless chicks) are issued if the nest presents a safety hazard for the birds or humans. For non-listed species, active nest removal permits are no longer issued by the FWC, however, a federal Migratory Bird Treaty Act permit may be required. Information on voluntary conservation practices that benefit ospreys, including replacement nesting platforms, is available in the Species Conservation Measures and Permitting Guidelines for Osprey. 

Other migratory bird species (particularly raptors such as hawks and owls) occasionally nest on man-made structures, potentially causing conflicts. Some birds may engage in attacking behaviors, presenting a human-safety hazard. In the past, nest removal permits have been issued to address these situations, however these permits are no longer issued by FWC for non-listed species. Please note that a federal Migratory Bird Treaty Act permit may be required. The guide to dealing with aggressive raptors provides information on how to address this situation.

The FWC wildlife assistance page provides information on removing or deterring nuisance wildlife. If the species is state-listed, contact your Regional Species Conservation Biologist or the Protected Species Permit Office for technical assistance.