Habitat Management to Deter Wildlife at Airports (2014)

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74 68A-9.012 Take of Wildlife on Airport Property. Any airport may take wildlife on airport property for the purpose of ensuring aircraft and human safety in accordance with this rule. An airport or other entity owning or operating an airport as defined in Sec- tion 330.27(2), F.S., or their officers, employees, contractors (or employee of a contractor) or member of the airport’s governing body as referenced in Section 379.2293(5), F.S., may carry out the activities specified in this rule. Notwithstanding the provisions of this section, the executive director or a designee may issue permits authorizing the take of additional species of wildlife, additional methods of take or alternative forms of disposition and transportation for justifiable purposes pursuant to Rule 68A-9.002, F.A.C., provided authorizations shall be denied or revoked upon reasonable conclusion that the requested or permitted activity would be detrimental to fish and wildlife resources or public health and safety. (1) The taking and disposition of species regulated by the United States Departments of Interior or Com- merce in 50 C.F.R. §10.13 (Migratory Birds), 50 C.F.R. § 17.11 and §17.12 (Threatened and Endan- gered Species), 50 C.F.R. §22 (Bald Eagle), 50 C.F.R. §223.102 and §224.102 (Marine Species), is allowed pursuant to federal authorization. No additional Commission authorization is required. (2) The following paragraphs control the take of black bears and species described in Chapter 68A-27, F.A.C., except species described in subsection (1): (a) Any of these species may be harassed by persistent, non-injurious disturbance without physical capture or direct handling to disperse wildlife when the wildlife poses an imminent threat to air- craft and human safety. (b) Any of these species may be otherwise taken when: 1. The wildlife poses an imminent threat to aircraft and human safety; and 2. A situation requires an emergency response which does not allow time for paragraph (2)(a); or 3. Attempts using paragraph (2)(a) have been documented as unsuccessful and when: a. The airport is implementing a Federal Aviation Administration approved wildlife hazard management plan; and b. The airport has made habitat management alteration that has eliminated or significantly reduced hazardous wildlife attractants on airport property. (c) Wildlife burrows, including gopher tortoise burrows, within the safety area as defined in 14 C.F.R. § 139.5 may be destroyed after or while all existing gopher tortoise(s) within the burrows are live captured. (3) Notwithstanding any provision of Commission rule, an airport authority may take all other wildlife not described in subsections (1) and (2) on airport property if their presence poses a potential threat to aircraft and human safety. (4) Notwithstanding any provision of Commission rule, wildlife in subsections (2) and (3) taken pursuant to this rule may be taken by any method except the following: (a) Poison, other than those pesticides that are registered by the Florida Department of Agriculture and Consumer Services without additional authorizations and are only used in a manner consistent with the product labeling. (b) Leg hold traps except those commercially manufactured padded-jaw traps. (c) Traps, nets and snares unless they are visited at intervals not exceeding 24 hours. (d) Any method prohibited pursuant to Section 828.12, F.S. (e) Live capture of any deer, except Key deer as authorized by subsection (1). (f) The killing of gopher tortoises is prohibited. (5) Disposition of live-captured wildlife. (a) Any species described in subsection (2) live captured shall be immediately released provided the release site and capture site are located on a contiguous piece of airport property or a permit or authorization has been obtained from the Commission for off-site release or alternative forms of disposition. (b) Any species described in subsection (3) live captured by any method shall be released or euthanized within 24 hours following capture or inspection of a trapping device containing wildlife except, 1. Wildlife may only be released if: a. The wildlife is released on the property of the airport provided the release site and capture site are located on a contiguous piece of property; or b. The wildlife is a native species; and c. The property where the animal is to be released is located within the county of capture and is a minimum of 40 contiguous acres; and d. The person releasing the wildlife is in possession, at time of release, of written permission from the property owner allowing such action. 2. Euthanasia of wildlife shall be humane as defined by the American Association of Zoo Vet- erinarians or the American Veterinary Medical Association. 3. Euthanasia of any live captured bobcat is prohibited and any live captured bobcat shall be released as provided in subparagraph 1. APPENDIX F DEPrEDAtIoN orDEr For WIlDlIFE At AIrPorts IN FlorIDA

75 (6) Transportation of wildlife. (a) Live-captured wildlife described in subsection (3), may be transported pursuant to this subsection only for: 1. The purpose of euthanasia as provided in subsection (5); or 2. The purpose of release as provided in subsection (5). (b) Transportation of wildlife authorized by this subsection shall not supersede the provisions of any rabies alert or area quarantine issued by County Health Departments or County Animal Services. (7) Wildlife described in subsections (2) and (3) that is killed pursuant to this rule or parts of that wildlife shall not be retained for personal use and shall be buried or incinerated. (8) Any take that kills wildlife described in subsection (2) shall be reported by the airport. An Airport Wildlife Incident Report (Form FWC-AWIR 06-2010, herein incorporated by reference) must be submitted to the Commission within 5 business days. The form is available at MyFWC.com and must be submitted to the Protected Species Permit Coordinator, 620 S. Meridian Street, Mail Station 2A, Tallahassee, FL 32399-1600 or by e-mail at AirportIncidents@myFWC.com. Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-27-10.

Abbreviations used without definitions in TRB publications: A4A Airlines for America AAAE American Association of Airport Executives AASHO American Association of State Highway Officials AASHTO American Association of State Highway and Transportation Officials ACI–NA Airports Council International–North America ACRP Airport Cooperative Research Program ADA Americans with Disabilities Act APTA American Public Transportation Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATA American Trucking Associations CTAA Community Transportation Association of America CTBSSP Commercial Truck and Bus Safety Synthesis Program DHS Department of Homeland Security DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FRA Federal Railroad Administration FTA Federal Transit Administration HMCRP Hazardous Materials Cooperative Research Program IEEE Institute of Electrical and Electronics Engineers ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers MAP-21 Moving Ahead for Progress in the 21st Century Act (2012) NASA National Aeronautics and Space Administration NASAO National Association of State Aviation Officials NCFRP National Cooperative Freight Research Program NCHRP National Cooperative Highway Research Program NHTSA National Highway Traffic Safety Administration NTSB National Transportation Safety Board PHMSA Pipeline and Hazardous Materials Safety Administration RITA Research and Innovative Technology Administration SAE Society of Automotive Engineers SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (2005) TCRP Transit Cooperative Research Program TEA-21 Transportation Equity Act for the 21st Century (1998) TRB Transportation Research Board TSA Transportation Security Administration U.S.DOT United States Department of Transportation