Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
26 EndangErEd SpEciES There can be potential confusion in the application of wildlife control measures on airports when dealing with federal- and state-listed species, as well as game versus non-game state des- ignations of wildlife. Wildlife control measures can be used on problematic federal and state-listed species with the proper permits in place. The Federal Endangered Species Act (ESA) [16 U.S.C. 1531 et seq.] of 1973 provides for the listing, con- servation, and recovery of endangered and threatened species of plants and wildlife (see Figure 26). Section 7(a)(2) of the ESA states that federal agencies shall ensure that actions it authorizes, funds, or carries out are not likely to jeopardize the continued existence of a listed species or result in destruc- tion or adverse modification of designated critical habitat. Section 9 of the ESA prohibits the take of listed species, although exceptions may be granted with appropriate per- mits. Take is defined by the ESA as âto harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect.â The defi- nition of harm further includes adverse habitat modification. Federal actions that could result in take, but not jeopardize or adversely modify habitat, must still be coordinated under Section 7. The minimal biological evaluation under Section 7 of the ESA requires the determination of the presence of listed or proposed species or critical habitat on or near the airport. If protected species or habitats are known not to occur, the envi- ronmental analysis with respect to the ESA is complete. Air- ports can work cooperatively with the regulatory agencies to ensure that aviation safety is not compromised by the presence of protected species. The presence of such species on airports can not only jeopardize safety, but can also have potentially adverse effects on the species being protected, as they may become involved in aircraft collisions (see Figure 27). When preparing a WHMP, the local USFWS Ecological Services field office can provide information about the pres- ence of federally listed or proposed threatened and endangered species or designated or proposed critical habitat on or near the airport (see also FAA AC Policy #78, Section-7 Consultation on Endangered or Threatened Species). This information is fre- quently updated and can also be found on the regional USFWS or state natural resources agency websites (see Appendix A). The USFWS may forward a response to the airport operator to be taken into account when preparing the WHMP. If feder- ally listed or proposed threatened and endangered species or designated or proposed critical habitat are present, the airport operator may be required to prepare a Biological Assessment (50 CFR 402.13) to determine the impacts of the WHMP on these species or habitats. The Biological Assessment and draft WHMP is submitted to the FAA for review and approval. In addition, the FAA may conduct or direct any needed Sec- tion 7 consultations with the USFWS. State-listed species are not afforded the same level of federal protection, but are to be addressed in the preparation of a WHMP. State-listed species are not to be encouraged and are often exempted from protec- tion on airports as per FAA Cert Alert 06-07 and other relevant advisory circulars. gamE VErSuS non-gamE SpEciES Title 50, Code of Federal Regulations, Parts 1 to 199 (50 CFR 1-199) govern the management of federally protected wildlife within the United States and its territories based on the authority established in the Migratory Bird Treaty Act. These regulations also establish procedures for issuing per- mits to take federally protected species. Federal law protects all migratory birds, including their nests and eggs. A federal depredation permit, issued by the USFWS, must be obtained before any non-game migratory birds may be taken, or before any migratory game birds may be taken outside of the normal hunting season or beyond established bag limits. This encom- passes almost all native bird species in the United States, with the exception of nonmigratory game birds, such as Wild Turkeys and various grouse, ptarmigan, and quail, as well as some introduced game birds, such as Ring-necked Pheasants and Chukars. Exotic and feral species, such as Graylag Geese, Muscovy Ducks, European Starlings, House (English) Spar- rows, and Rock Pigeons, are not listed in 50 CFR 10.13 and are therefore not protected by federal law. In addition to federal protection, all states protect migra- tory birds as well as game birds. The protection of exotic or feral species varies by state. With the exception of federally listed or proposed threatened or endangered species, federal law does not protect terrestrial mammals, reptiles, or other wildlife taxa (e.g., deer, coyotes, foxes, raccoons, ground- hogs, snakes, turtles, and freshwater fish). Protection of these wildlife groups is left to the individual states. Local ordi- nances may afford additional protections. In all cases, airports must ensure that they understand both the federal and state requirements and obtain the appropriate permits and licenses before any wildlife control is initiated (see Figure 28). It may be required for airports to consult the appropriate federal, state, and local regulating agencies (Appendix A) before proceeding with any direct wildlife population control measures. chapter four EndangErEd SpEciES and gamE VErSuS non-gamE WildlifE population managEmEnt iSSuES
27 FIGURE 26 Federally endangered and protected Hawaiian Goose (top). Burrowing Owl (bottom) is not given the same protection under MBTA and as state-listed species of special concern (Source: BASH Inc.). FIGURE 27 Jet engine destroyed by federal- and state-protected Burrowing Owl (Source: BASH Inc.). FIGURE 28 Wild Turkeys managed at the state level as game birds and Gray Fox state-managed as a furbearer/small game species (Source: BASH Inc.).
