As a leading consulting firm, Miller Legg does extensive work with native Florida wildlife, including permitting, monitoring, habitat management, and mitigation. We provide consulting services associated with Florida’s protected species including gopher tortoises, burrowing owls, sand hill cranes, indigo snakes, bonneted bats, etc., and the focus of this blog: imperiled beach-nesting birds (IBNBs).
Approved FFWCC (Florida Fish & Wildlife Conservation Commission) IBNB ‘Species Conservation Measures and Permitting Guidelines’ took effect October 1, 2024.
This new regulation applies to construction or development projects that are in proximity to Recent Breeding Sites, Active Breeding Sites, Critical Brood-rearing Sites, and Critical Roosting Sites. These activities include, but are not limited to:
- Beach or dune habitat modification
- Rooftop work (especially gravel roofs)
- Events with loud noise (fireworks, concerts, sporting events)
IBNBs (imperiled beach-nesting birds) are State-designated Threatened species. IBNBs are provided additional conservation measures and permitting requirements by FFWCC, in addition to the federal MBTA (Migratory Bird Treaty Act), to reduce impacts to these species. IBNBs include four species:
- American oystercatcher (Haematopus palliates)
- Black Skimmer (Rynchops niger)
- Snowy Plover (Anarhynchus nivosus)
- Least Tern (Sternula antillarum)
It is illegal to “harm” or “harass” IBNBs, which includes disrupting normal behavioral patterns and “significant habitat modification.”
FFWCC permits are required for activities that result in “incidental take” per IBNB guidelines and 68A-27.001, F.A.C.
If your Project may cause take of IBNBs, Miller Legg can assist in impact minimization and mitigation efforts to avoid FFWCC permitting. If take is unavoidable, Miller Legg biologists can assist in securing the required Incidental Take Permit. Miller Legg has in-house FFWCC qualified IBNB Permitted Monitors and Qualified Rooftop Monitors (QRMs) to assist with completing any required permit conditions.
See the FFWCC IBNB breeding map (below) to determine when consultation may be required for your Project during the upcoming IBNB breeding seasons.
If you have questions regarding IBNBs or updates to FFWCC permitting requirements for your current or future projects, please reach out to our Team. Miller Legg offers comprehensive support for all aspects of project planning, including pre-activity consultations, approved surveys, and permitting assistance. For inquiries, contact Miller Legg at (954) 436-7000 and request an Environmental Professional, or email us at EnvironmentalSFO@millerlegg.com. Our in-house wildlife experts are here to assist with your project needs.
*All images and figures are courtesy of FFWCC.
