Habitat Management to Deter Wildlife at Airports (2014)

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39 chapter nine PERMITTING CONCERNS FAA Part 139 requires an inspection, typically annually, of the AOA to check for presence of wild- life. In addition to meeting FAA standards, airport operators must meet all local, state, and federal requirements for land development and habitat manipulation. Issues such as stormwater control, wetland mitigation, and management of habitat protected for threatened and endangered species face regulatory oversight and often require legal attention to maintain compliance. Advance com- munication among local, state, and federal officials, airport operators, and knowledgeable wildlife biologists can prevent most regulatory infractions and develop a professional working relationship helpful in handling future issues. For example, a qualified airport wildlife biologist will be able to help determine how new stormwater structures and management practices might influence attraction of wildlife. LOCAL Cities and municipalities often have regulations and zoning laws restricting use of natural resources such as water, and may also limit amounts of impervious surfaces to help reduce stormwater runoff. Airport operators can work with local officials to meet these regulations and take such restrictions into consideration when developing a wildlife hazard management plan. Changes in habitat or land- scaping in order to ensure aviation safety may be necessary after initial airport design and construc- tion. By developing a working relationship with local officials who know the laws and regulations, airport operators can be better prepared for limitations on plans for habitat and resource management. STATE Every state and province in North America is faced with a unique set of issues regarding wildlife haz- ards to aviation safety. Depending on the species involved, airport operators will have to determine methods of insuring aviation safety while navigating their state’s laws and regulations (CertAlert No. 06-07). State agencies most commonly involved with airport wildlife and habitat management are those which oversee wildlife, fisheries, and other natural resources; and those in charge of envi- ronmental quality. Operators can consult and cooperate with state biologists in meeting regulations and restrictions regarding modification of habitat, and harassment or removal of wildlife. One gener- alization for habitat management to reduce attraction of wildlife is not to improve or increase habitat on or near airport property. Operators can also be prepared to adapt their management strategies, including changes in policy and funding, to meet all rules and regulations. Some states may have standing depredation orders that allow the taking of wildlife on airports if the species is not protected by state or federal regulations regarding threatened and endangered wildlife. (An example depredation order for wildlife at airports from Florida is reproduced in Appendix F.) FEDERAL While the FAA has criteria for reducing wildlife hazards on and around airport property, operators will also need to obtain federal permits and approval for some habitat manipulations. For example, changes to wetlands often involve permits and delineations from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. State agencies often have parallel wetland-fill regulations requiring state permitting and mitigation for impacts to wetlands in addition to the federal requirements

40 (see Table 1). In addition, protected species, such as migratory birds, and threatened and endangered species are afforded special immunity, often forbidding destruction of their preferred habitat (http:// www.fws.gov/migratorybirds/RegulationsandPolicies.html). If these species are attracted to airport habitat, even if it is unintentional or temporary, operators may have to take actions to protect them from harm. Airports can often obtain a depredation permit for migratory birds from the U.S. Fish and Wildlife Service (Appendix B). A standing depredation order exists for protection from damage by several types of blackbirds and seasonally for Canada geese; a state depredation permit may also be required or state law may restrict take beyond federal restrictions (Cleary and Dickey 2010). One unique example of a specific federal regulation affecting only two species is the Bald and Golden Eagle Act (Code of Federal Regulations 2012), which prohibits anyone from taking, possessing, or transporting parts, eggs, or nests of bald or golden eagles without prior authorization. Copies of FAA Advisory Circulars, CertAlerts, and related documents can be downloaded free of charge at: http://www.faa.gov/airports/resources/publications/ http://www.faa.gov/airports/resources/advisory_circulars/ http://www.faa.gov/airports/airport_safety/certalerts/ The FAA Wildlife Strike Database is available at: http://wildlife.faa.gov/public_html/index.html http://wildlife.pr.erau.edu/ Document Type Reference Number Title Advisory Circular 150/5300-13 Airport Design Advisory Circular 150/5200-32 Reporting Wildlife Aircraft Strikes Advisory Circular 150/5200-33 Hazardous Wildlife Attractants on or Near Airports Advisory Circular 150/5200-36 Qualifications for Wildlife Biologists Conducting Wildlife Hazard Assessments and Training Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on Airports CertAlert 98-05 Grasses Attractive to Hazardous Wildlife CertAlert 04-09 The Relationship between FAA and USDA/WS CertAlert 04-16 Deer Hazards to Aviation and Deer Fencing CertAlert 06-07 Requests by State Wildlife Agencies to Facilitate and Encourage Habitat for State-Listed Threatened and Endangered Species and Species of Special Concern on Airports CertAlert 09-10 Wildlife Hazard Assessments in Accordance with Part 139 Requirements TABLE 1 LIST OF FAA DOCUMENTS RELATED TO WILDLIFE MANAGEMENT AT AIRPORTS

41 Permitting—Federal: Port of Portland (PDX) Portland International used dredge material to fill an extensive wetland area next to the runway on airport property, unintention- ally creating an attractant to a federally-designated threatened species, the streaked horned lark (Eremophila alpestris strigata). The dredge material and some other areas of the airport now used by the lark were proposed for designation as critical habitat and pro- tection under the Endangered Species Act. However, under Section 4(b)(2) of that legislation, the U.S. Fish and Wildlife Service (USFWS) has exempted Portland and other non-federal airports from designation of critical habitat protection to ensure human safety through management aviation properties. Larks have been documented to be at risk of mortality from aircraft collisions, and thus a hazard at airports; FAA regulations require airports to take immediate action to alleviate wildlife hazards whenever they are detected. However, the requirement to maintain airfields free of wildlife hazards would severely limit the potential to increase streaked horned lark populations, and combined with the threat of aircraft strikes and the need for constant management to minimize bird populations, it is clear that airports do not provide ideal conditions for the long-term conservation of the streaked horned lark. Although airports currently support some of the largest populations of streaked horned larks, the USFWS recognizes and concurs with the statement from one rule peer reviewer that “bird conservation is not and should not be a desired component of airport management.” USFWS acknowledges that airports provide transitory suitable habitat for the subspecies, but has no in- tention of encouraging an increase in populations of streaked horned larks on airports as part of their long-term recovery strategy. Proposed critical habitat area designation at PDX (left, inside red line) for the streaked horned lark (right) (Source: Port of Portland).