Airport Responsibility for Wildlife Management (2013)

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159 ACKNOWLEDGMENTS This study was performed under the overall guidance of the ACRP Project Committee 11-01. The Committee was chaired by TIMOTHY KARASKIEWICZ, General Mitchell International Airport, Milwaukee, Wisconsin. Members are THOMAS W. ANDERSON, Metropolitan Airports Commission, Minneapolis, Minnesota; MARCO B. KUNZ, Salt Lake City Department of Airports, Salt Lake City, Utah; MARJORIE PERRY, Tucson Airport Authority, Tucson, Arizona; E. LEE THOMSON, Clark County, Las Vegas, Nevada; and KATHLEEN YODICE, Yodice Associates, Aircraft Owners and Pilots Association, Washington, DC. DAPHNE A. FULLER provides liaison with the Federal Aviation Administration, FRANK SANMARTIN provides liaison with the Federal Aviation Administration, MONICA HARGROVE KEMP provides liaison with the Airports Council International-North America, and MARCI A. GREENBERGER represents the ACRP staff.

CONTENTS I. Background, 3 II. Federal Regulation of Airport Operations, 6 Airport Certification, 6 Safety, 8 Airport Funding—Airport Improvement Grants, 10 FAA Grant Assurances—Purpose: General Assurances, 12 Assurances—Compatible Land Use, 13 Assurances—Consistency with Local Plans, 14 Assurances—Airport Layout Plan, 14 III. Wildlife Hazard Assessment, 14 Duty to Address Wildlife Hazards, 14 IV. Wildlife Hazard Management, 20 Duty to Prepare Wildlife Hazard Management Plan, 21 Required Elements, 21 FAA Approval, 23 Wildlife Management Actions, 24 Training and Implementation, 26 Review of Airport Wildlife Hazard Management Plans, 26 Supplemental Actions, 27 V. Wildlife and Wildlife Hazard Management—Federal Law, 27 Animal Damage Control, 27 Wildlife Hazards to Aviation, 27 Wildlife Attractants, 28 Protected Species, 30 Planning and Development, 32 Assessment and Reporting, 33 Agency Cooperation, 34 VI. Wildlife and Wildlife Hazard Management—State Law, 35 Airport Hazards—Recognition, 36 “Airport Hazard” Definition, 37 Wildlife Regulation, 37 VII. Airport Land-Use Compatibility and Federal Wildlife Management Considerations, 39 Landfill Siting, 40 Airport Planning and Development, 41 VIII. Airport Land-Use Compatibility and State Wildlife Management Considerations, 44 Airport Hazards, 46 Airport Zoning Regulations, 46 Acquisition of Property, 49 Appendix A: Federal Agencies Regulating Airport Wildlife Management, 50 Appendix B: State Agencies Regulating Airport Wildlife Management, 67 Appendix C: Federal Authorities, 85 Appendix D: State Authorities Concerning Airport Wildlife Management and Airport Land-Use Compatibility, 97 Appendix E: Airport Wildlife Management and Wildlife Hazard Response—Additional Resources for Data and Information, 151 Appendix F: Airport Certification Program— 14 C.F.R. 139 Program Policy and Guidance, 153 LRD20 final.indd 2 7/29/13 12:58 PM

These digests are issued in order to increase awareness of research results emanating from projects in the Cooperative Research Programs (CRP). Persons wanting to pursue the project subject matter in greater depth should contact the CRP Staff, Transportation Research Board of the National Academies, 500 Fifth Street, NW, Washington, DC 20001. Transportation Research Board 500 Fifth Street, NW Washington, DC 20001 Subscriber Categories: Aviation • Law LRD20 final.indd 4 7/29/13 12:58 PM Legal Research Digest 20 AIRPORT COOPeRATIve ReseARCh PROgRAm sponsored by the Federal Aviation Administration July 2013 TRANsPORTATION ReseARCh BOARD OF THE NATIONAL ACADEMIES airport responsibility for wildlife management This report was prepared under ACRP Project 11-01, “Legal Aspects of Airport Programs,” for which the Transportation Research Board (TRB) is the agency coordinating the research. The report was prepared by Douglas J. Rillstone, P.A., and Caroleen M. Dineen, Esq., Broad and Cassel, Tallahassee, Florida. responsible senior program officer: marci a. greenberger background There are over 4,000 airports in the country and most of these airports are owned by governments. A 2003 survey conducted by Airports Council International–North America concluded that city ownership accounts for 38 percent, followed by regional airports at 25 percent, sin- gle county at 17 percent, and multi-jurisdictional at 9 per- cent. Primary legal services to these airports are, in most cases, provided by municipal, county, and state attorneys. Reports and summaries produced by the Airport Con- tinuing Legal Studies Project and published as ACRP Le- gal Research Digests are developed to assist these attor- neys seeking to deal with the myriad of legal problems encountered during airport development and operations. Such substantive areas as eminent domain, environmen- tal concerns, leasing, contracting, security, insurance, civil rights, and tort liability present cutting-edge legal issues where research is useful and indeed needed. Air- port legal research, when conducted through the TRB’s legal studies process, either collects primary data that usually are not available elsewhere or performs analysis of existing literature. applications Wildlife management has increasingly become a fore- front issue for airports. Airports are required to provide a safe environment for all users, and wildlife around an air- port can be detrimental to the safety of aircraft and pas- sengers. Conversely, airports are subject to a variety of federal and state laws and regulations aimed at protecting wildlife and their habitats. These sometimes conflicting mandates must be factored into an airport’s policies and procedures. Airports experiencing wildlife strikes, and often those that have not, are required to prepare a Wildlife Hazard Management Plan to minimize potential aircraft and wildlife conflicts. These plans must also take into account the laws and regulations protecting wildlife. In addition, airports must consider off-airport property to ensure com- patibility with aircraft operations. Knowing and understanding these regulations and laws is the first step in compliance. This digest compiles the laws and regulations pertaining to wildlife hazard management and discusses mitigation techniques appli- cable to airport operators. LRD20 final.indd 1 7/29/13 12:58 PM A C R P LR D 20 tR b NON-PROFIT ORG. U.S. POSTAGE PAID WASHINGTON, D.C. PERMIT NO. 8970