FWS Announces Gopher Tortoise Findings

FLORIDA – Today, the U.S. Fish and Wildlife Service announced a determination that listing the gopher tortoise as a threatened or endangered species under the Endangered Species Act is not warranted throughout its entire range. Gopher tortoise populations within four southeastern states, including Florida, do not meet federal protection criteria.

The FWS has determined that populations in the eastern segment, which includes Florida, Georgia, South Carolina, and most of Alabama, do not require protection under the (ESA) and will be withdrawn as a candidate for listing. The species in the western segment of its range in western Alabama, Mississippi, and Louisiana will retain its threatened status.

The FWS acknowledges threats to the species including habitat loss and fragmentation due to urbanization, climate warming, and sea-level rise, but included in its finding that many of the populations are in "good condition." The agency added that habitat restoration efforts, implementation of best management practices, and conservation measures to benefit the gopher tortoise have contributed to the current condition of the species. Future projections of the species’ condition showed that many healthy populations will remain across the range.

The agency concluded, however, that a small population portion in the western range segments exhibit lower resiliency and are more vulnerable to catastrophic events.

The U.S. Fish and Wildlife Service’s determination followed a petition and lawsuit by the Center for Biological Diversity which argued that the Service reached its decision despite projecting range-wide population declines over the next 80 years. The Center for Biological Diversity cited the greatest population declines are expected in the species’ core range in Florida.

"Denying gopher tortoises the protection they need to survive is indefensible," said Elise Bennett, Florida director and an attorney at the Center in a press release. "It ignores devastating urban sprawl that’s decimated the tortoise’s habitat and will continue to drive the species ever closer to extinction."

On its website, the FWS describes the primary threats to gopher tortoise populations as fragmentation, destruction, and modification of its habitat, including urbanization. Other threats include the following: mortality due to vehicle strikes; effects of climate change including increased drought and extremely high temperatures, sea level rise, and migration of human populations from inundated coastal areas; nonnative invasive species, disease, and predation (mainly on nests and hatchlings). Increased drought and high temperatures also reduce the number of days that prescribed fire can be used for habitat management, which leads to further degradation and loss of habitat.

"This denial is a blow to the gopher tortoise and all the people who care deeply about this humble creature’s future, but we won’t give up," said Bennett in the Center’s press release. "We’ll review this decision closely and fight to get the tortoise the protections it needs to survive."

The gopher tortoise is one of five tortoise species native to North America and the only tortoise species east of the Mississippi River. It is a large burrowing tortoise that occurs in upland pine forests of the southeastern United States. Gopher tortoises have shovel-like front legs and strong, thick back legs that help them dig intricate burrows. It forages mostly on foliage, seeds, and fruits of grasses and forbs, generally in an area of about 150 feet surrounding its burrows. Its habitat requires a diverse array of ground cover vegetation with widely spaced trees and shrubs consisting of open canopies of long-leaf pine forests including longleaf pine, loblolly pine, and slash pine.

In Florida, the gopher tortoise has been designated by the state as a "threatened" species requiring safe relocation out of the way of land development. While both the tortoise and its burrow are protected under state law, its habitat is not protected. Gopher tortoises in Florida must be relocated before any land clearing or development takes place, and property owners must obtain permits from the Florida Fish and Wildlife Conservation Commission before capturing and relocating tortoises.

To learn more about the gopher tortoise visit the U.S. FWS informational page at, www.fws.gov/project/gopher-tortoise. For information about Florida’s gopher tortoise population visit the Florida Fish and Wildlife Conservation Commission educational page at: www.myfwc.com/education/wildlife/gopher-tortoise/.

The U.S. Fish and Wildlife Service will hold a virtual public informational meeting on December 13, 2022, from 7– 9 p.m. EST. The agency will present the findings and address questions on gopher tortoise conservation and management. Interested members of the public can register for the virtual event online here.?