State board votes to halt spotted turtle protections

The spotted turtle that developers say has stymied or shrunk building projects was voted off the state's list of species of "special concern" yesterday.

The state Fisheries and Wildlife Board approved a set of 16 changes to the state's list of Endangered, Threatened, and Special Concern Species, including removing the spotted turtle from the list.

The 3- to 5-inch turtle was put on the list in 1986, when it was known to live in just 24 locations statewide. But over the past two decades, it has been found in more than 960 locations, prompting a debate about whether the species should be on the list. The turtle has also gained a reputation as an animal that could be used as a tool to downsize, delay, or even stop unwanted developments, since its presence triggers environmental reviews.

``We cannot be perceived to be using any of these species as a way to control development. We're just looking at the turtle as a turtle," said wildlife biologist and board member Joseph Larson . He said the spotted turtle would not meet the criteria for species of special concern if it wasn't already on the list.

The board also passed an amendment that made it illegal to possess a spotted turtle without a permit.

Dozens of people wrote letters to urge the state to keep the turtle protected because not enough is known about whether the numerous turtle sightings were just lone turtles or represented thriving populations. Because of the turtle's long life span, biologists said that a decline in the species would take time to show up .

``Although the majority of the board voted to delist, the majority of spotted turtle experts is against delisting," Ken Pruitt , executive director of Massachusetts Association of Conservation Commissions, said yesterday.

Bryan Windmiller , an environmental consultant at Hyla Ecological Services in Concord, said he thinks the argument for removing the turtles is reasonable, but worries that it would be difficult to restore the species to the list later if they were in danger.

Developers who said they have changed or abandoned projects in part because of the tiny turtle expressed surprise and relief that the reptile had been removed from protection.

``I think that you have to earn the distinction of being an endangered species, and if you're properly on [that list] then, by golly, people will work hard to make sure you're protected. But when something fairly common is on that list and is afforded the same protection as the most endangered of species on the state, there's something wrong," said Ron Roux , owner of Hallmark Companies in Hopkinton, which proposed but never built a $50 million golf course on land in town where seven spotted turtles were found.

Jeff Ciffolillo , president of New England Realty Group Inc. in Canton, said his company recently spent $20,000 studying 10 acres in Raynham for a possible retail or mixed-use development, but abandoned it because it was a spotted turtle habitat and the state's Natural Heritage and Endangered Species Program said it would only be able to build on 3 acres.

He said he would consider revisiting the project now .

Carolyn Y. Johnson can be reached at cjohnson@globe.com.