States
Florida
Biological Opinions
Under the Clean Water Act, the U. S. Army Corps of Engineers must issue permits for projects that affect wetlands. Section 7(a)(2) of the Endangered Species Act requires that federal agencies consult with the U.S. Fish and Wildlife Service on actions they fund, authorize, permit, or carry out.
If the consultation shows that the proposed action may adversely affect listed species, we must write a biological opinion. The opinion estimates “take,” and recommends measures to minimize it. "Take" refers to actions that could disturb or injure protected species, including significant habitat changes that affect their behavior or survival. We then assess if the project poses a risk of “jeopardy,” or if it could affect a species overall chance of survival and recovery, as defined in the Code of Federal Regulations 50 CFR 402.02 and the Endangered Species Act. The opinion recommends how to help the protected species, and reasonable and practical steps to reduce harm to it.
For projects that do not involve a federal agency, landowners can apply for an Incidental Take Permit if their project cannot avoid harm to listed species. Incidental Take Permits are issued to applicants who complete a Habitat Conservation Plan that describes how they will avoid or minimize impacts to listed species.
Southwest Florida Biological Opinions
Kingston Development
We reviewed the status of the caracara, indigo snake, Florida panther, and tricolored bat, along with the environmental baseline for the action areas, the effects of the proposed action, and the cumulative effects. It is our biological opinion that the Kingston project is not likely to jeopardize the continued existence of these species. Learn more at our Frequently Asked Questions.
Rural Lands West Development
We reviewed the status of the caracara, indigo snake, Florida panther, tricolored bat, and the Florida bonneted bat, along with the environmental baseline for the action areas, the effects of the proposed action, and the cumulative effects. It is our biological opinion that the Rural Lands West projects is not likely to jeopardize the continued existence of these species. Learn more at our Frequently Asked Questions.
Florida Panther Vehicle Mortalities
We re-evaluated how we estimate and attribute panther vehicle mortality and found our approach overlooked critical factors like the size of the panther population, panther distribution and behavior, vehicle speed, and overall traffic volume.
Statistical analysis revealed no direct correlation between increased traffic and vehicle strikes. Instead, more traffic can lead to congestion, noise, and slower speeds, which panthers tend to avoid. As the panther population grows, vehicle strikes may increase, but not due to traffic volume alone. Our review found significant uncertainty in the causes and numbers of these deaths, leading to unrealistic predictions, such as the Kingston project predicting 3 to 24 panther vehicle deaths a year.
The Service found that drivers and road designers have the most influence on panther vehicle deaths. Drivers control their speed, attention, and vigilance in panther areas. Road designers can install wildlife fencing, crossings, good lighting, clear vegetation, set speed limits, and improve visibility.
Our biological opinions will incorporate panther population size, habitat availability, and crossing locations in our assessment of the Florida panther’s baseline, and consider increased traffic and panther strikes as cumulative effects. We will focus on reducing traffic-caused mortality through road design and work with partners to reduce the risks to panthers.Learn more here.
Wildlife Safety Efforts
We collaborate with local and county governments, the Florida Department of Transportation, and other stakeholders to educate drivers and fund projects that help panthers safely navigate roadways. Florida Department of Transportation and funding from developers assist in planning or installing crossings.
The Florida Department of Transportation and stakeholders have identified high-risk road segments in a Florida panther conservation plan.
In July 2024, we signed an agreement with the Fish and Wildlife Foundation of Florida. The Foundation collects contributions from developers to support panther recovery, such as buying land, monitoring the panther population, and planning and building wildlife crossings.
