Airport Responsibility for Wildlife Management (2013) / Chapter Skim
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3 AIRPORT RESPONSIBILITY FOR WILDLIFE MANAGEMENT By Douglas J Rillstone, P.A., and Caroleen M
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4 Experts put the total losses for wildlife strikes at $625 million per year in direct damage and associated costs, and over 600,000 hours of aircraft downtime. In an industry that runs on razor thin margins at virtually every level, those losses could be crippling.
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5 Table 1. Ranking of 25 species groups as to relative hazard to aircraft (1 = most hazardous)
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7 suspension, or revocation of an Airport Operating Certificate include the agency's determination that "safety in air commerce or air transportation and the public interest" require this action.19 The process for issuance and amendment, modification, suspension, or revocation of Airport Operating Certificates is specified in federal statutes and regulations.20 Airport Operating Certificates Airports are subject to a variety of federal regulations. The FAA-regulated airports are required to obtain FAA certification based on the criteria specified in the regulations.21 Airport Operating Certificates are issued to Class I, II, III, and IV airports, as those categories are defined in FAA regulations.22 FAA regulations specify the process and requirements for issuance of Airport Operating Certificates.23 The FARs specify the requirements for application and issuance of an Airport Operating Certificate.
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8 Safety Federal Aviation Act Federal law directs the FAA to develop federal policy and plans for use of the Nation's navigable air space. The FAA is authorized to adopt regulations designed to ensure aircraft safety and efficient use of airspace.
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9 allows the FAA to prescribe minimum safety standards for air carriers issued under an operating certificate by the FAA. The statutes also specify that the FAA may promulgate regulations imposing minimum safety standards on certificated airport operators.47 The FAA Administrator may grant an exemption from a regulatory requirement prescribed by the FAA safety regulations when the exemption is determined to be in the public interest.48 Reducing and Eliminating Accidents The FAA must prioritize reduction or elimination of accidents when implementing its statutory safety requirements.
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10 of Special Concern on Airports (November 21, 2006) : Describes the procedures for airport operators and FAA certification inspectors to respond to requests by state wildlife agencies to facilitate and encourage habitats for state-listed threatened and endangered species or species of special concern occurring on airports that may pose a threat to aviation safety.
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11 U.S. Postal Service.62 The NPIAS for 2011– 2015 identifies 3,380 existing and proposed public-use airports that the FAA has determined are significant to national air transportation and therefore eligible to receive AIP grants.
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12 planned airport development" as defined in FAA Advisory Circular 150/5200-33B -- Hazardous Wildlife Attractants on or near Airports (August 28, 2007)
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13 ten assurance include the National Environmental Policy Act, 42 U.S.C.
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14 sonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft." Non-Airport Sponsors (Noise Compatibility)
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15 damage control at civil airports; and federal activities at airports and their restoration after attack or a natural disaster. The Airport Safety and Operations Division also is responsible for airport operations and safety practices, which include aircraft rescue, aircraft firefighting, and mitigation of wildlife hazards.
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16 Figure 1. Reprinted from: USDA-APHIS–Wildlife Damage Management: Airport Wildlife Hazards Program–Number of Airports Assisted Annually, available on the USDA Web site at http://www.aphis.usda.gov/wildlife_damage/airline_safety/airports_assisted.shtml.
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17 hazards to aviation on and near airports and in training airport personnel to reduce these hazards. The FAA-WS MOU also specifies either the FAA or a certificated airport operator may seek WS technical assistance regarding response to or reduction of wildlife hazards -- assistance that may include site visits, wildlife hazards assessments, support for development of Wildlife Hazard Management Plans, wildlife species identification training, control device training, and assistance with management of hazardous wildlife and habitats.
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18 Advisory Circular Series 150, concerning airport operations, provides recommendations concerning a variety of operational considerations (e.g., construction standards and safety practices, aircraft rescue and fire fighting, and airport lighting) , and includes an Advisory Circular that specifically addresses the need for distance between airport operational activities and land uses that may attract hazardous wildlife.103 This FAA Advisory Circular identifies land uses (e.g., wetlands, municipal solid waste landfills (MSWLFs)
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19 tial for a damaging aircraft wildlife collision on or near an airport.113 The FARs also require the actions taken by the airport operator to reduce wildlife hazards to be in accordance with the airport operator's FAA-approved Airport Certification Manual.114 Wildlife Strike Reporting. The FAA has established a program for data collection and research concerning the number and types of aircraft wildlife strikes and the species involved in collisions.
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20 The term "substantial damage" is defined in the FARs as "damage or structural failure incurred by an aircraft that adversely affects the [aircraft's] structural strength, performance, or flight characteristics and that would normally require major repair or replacement of the affected component." In 2009 the FAA issued an advisory concerning airport operator's compliance with the Wildlife Hazard Assessment requirement.
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21 wildlife (including protected species) from runways, taxiways, and airspace necessary for takeoffs and landings.
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22 actions.140 FAA guidance describes activities related to reducing wildlife aircraft strike potential associated with hazardous wildlife attractants identified in the Wildlife Hazard Assessment. The plan should include a history of work and the completed habitat modification and other projects addressing potential aircraft wildlife strikes.
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23 • An air carrier aircraft experiences multiple wildlife strikes. • An air carrier aircraft experiences "substantial damage" from striking wildlife.
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24 Wildlife Management Actions The FAA has identified numerous actions airport operators can take to remove or discourage wildlife from aircraft operations areas (e.g., runways and taxiways) and from the airspace required for aircraft departures and landings.
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25 FAA Order 7400.2J -- Procedures for Handling Airspace Matters (February 9, 2012)
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26 150/5200-34A -- Construction or Establishment of Landfills near Public Airports (January 26, 2006)
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27 the operator's compliance with the regulatory certification requirements. FAA Policies and Program Guidance Policy No.
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28 assistance activities to minimize hazards caused by wildlife pursuant to cooperative agreements. Wildlife Attractants Hazardous Wildlife Attractants on or near Airports The FAA has issued guidance and direction to airport operators concerning the location of certain land uses on or in the vicinity of public airports that have the potential to attract hazardous wildlife.
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29 Figure 2. Separation distances within which hazardous wildlife attractants should be avoided, eliminated, or mitigated.
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30 Federal law governs the distribution, sale, and the use of pesticides. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
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31 provide information from the USFWS regarding federally listed species or critical habitat for compliance with the ESA's interagency consultation requirements.199 The airport operator will use that information in complying with the ESA requirements when seeking authorization for activities on airport property that may affect federally listed species. State-Protected Species FAA has issued guidance concerning the process for evaluating issues concerning listed species use of habitat on airport property.
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32 After the delisting of the bald eagle under ESA, the USFWS adopted regulations to authorize take that previously had been or could be authorized under ESA.215 The BGEPA regulations provided a process for permitting an ESA-authorized activity when the activity is conducted in "full compliance" with the terms and conditions of the ESA Section 7 incidental take statement.216 The BGEPA regulations also authorize issuance of either individual or programmatic permits for take associated with but not the purpose of an activity.217 A permit may be issued under BGEPA when the USFWS determines the take is compatible with eagle preservation, with consideration given to indirect and cumulative effects of other permitted take, and necessary to protect a legitimate interest in a particular locality. The BGEPA rules make permitting of take related to safety emergencies the highest priority and prioritize other types of take that may be associated with airport operations, including nonemergency activities required to ensure public health and safety and renewal of programmatic take permits.
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33 attract hazardous wildlife on or near public-use airports. The EPA regulations establishing the MSWLF criteria require MSWLF owners or operators to demonstrate the facilities will not create a "bird hazard" when facilities are located or planned within the FAAspecified separation criteria for public-use airports.226 A "bird hazard" is defined in the EPA regulation to mean "an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants."227 The EPA regulation states: Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions that are located within 10,000 feet (3,048 meters)
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34 The Wildlife Hazard Assessment must identify the reason (events or circumstances) for conducting the assessment and identify the numbers, locations, local movements, and occurrences (daily and seasonal)
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35 source agencies also are parties to this agreement: USDA, USFWS, and the EPA. This MOA describes the agencies' respective missions in protecting aviation from wildlife hazards.
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36 quired to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.249 Many states have responded to the airport hazard problem by establishing a system for development and enforcement of airport zoning regulations.
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37 this digest) address issues associated with land uses and other features (e.g., trees and other vegetation)
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38 age wildlife in the state, has adopted specific regulations addressing the scope of authorized take of wildlife, and the acceptable methods for take, on airport property "for the purpose of ensuring aircraft and human safety."262 These regulations provide that State authorization is not required for take of federally protected species pursuant to a federal authorization. These regulations focus authorization for harassment and take of State-listed species and Florida black bears on actions specified in an FAA-approved Wildlife Hazard Management Plan and on imminent threat to aircraft and human safety: (2)
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39 management program that emphasizes nonlethal management techniques.275 Nuisance Wildlife and Depredation State laws commonly include provisions for take of nuisance wildlife for wildlife causing damage to property or affecting public safety. Some states specifically provide for termination of wildlife for protection of human life from imminent danger.276 Other states allow a property owner to trap or kill nuisance wildlife under specified conditions.
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40 Some aspects of airport land-use compatibility are addressed in federal law and in FAA regulations and guidance. In addition to FAA guidance and directives, federal law prescribes requirements for siting certain types of land uses within the vicinity of airports.
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41 to the aircraft or injury to its occupants."295 The written demonstration by the owner or operator that a new, existing, or expanded facility will not create a bird hazard to aircraft must be included in the facility's operating record.296 The facility owner or operator also must provide notice of the proposal to the FAA and the affected airport.297 The FAA has provided guidance to airport operators concerning compliance with the federal MSWLF provisions. FAA Advisory Circular No.
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42 "consult with and obtain the comments of" any other federal agencies with "special expertise" concerning the particular environmental impact.301 The CEQ regulations require federal agencies to integrate and apply NEPA procedures into agency planning. The regulations specify that agencies must "integrate the NEPA process with other planning at the earliest possible time," including the study and development of alternatives to proposed action.302 Among other requirements, NEPA requires federal agencies to issue a "detailed statement" (environmental impact statement or EIS)
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43 threatened species or adversely modify listed species' critical habitat. Section 7 of the ESA requires federal agencies to consult with the federal resource agencies to ensure that agency actions conducted, authorized, or funded by those agencies are not likely to jeopardize the continued existence of listed species or adversely modify designated critical habitats.
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44 statute.329 Unpermitted actions that result in take, and other violation of the statutory prohibition, may result in criminal penalties, including imprisonment of up to 6 months and a fine of up to $15,000.330 The USFWS has adopted permit regulations for authorizations issued pursuant to MBTA.331 The actions prohibited under the MBTA are barred unless authorized by permit issued by the USFWS consistent with these regulations.332 The regulations provide for specific types of permits, including permits for import and export, banding and marking, scientific collection, special purpose, and falconry.333 The MBTA regulations also provide for issuance of permits to state wildlife agencies for Canada geese management and control activities when the USFWS determines the permit "will contribute to human health and safety, protect personal property, or allow resolution or prevention of injury to people or property."334 The MBTA regulations include specific take authorization for control and management of resident Canada geese at airports and military airfields.335 The regulation specifies that the permit will be issued to the airport "when necessary to resolve or prevent threats to public safety" from Canada geese. The regulations specify the permit requirements and the timing of the airport's permitted activities.
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45 impacts of those airport operations that may affect land uses in the airport vicinity. Some relevant considerations include the development's design and construction standards, noise, air quality, water quality, traffic impacts, environmental issues, and the broad concept of environmental justice.
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46 airports that directly relate to safety considerations associated with wildlife hazards and wildlife management. This section will not identify or address all state environmental land use or other laws that may affect wildlife management (e.g., wetlands)
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47 (i) incompatible land uses, such as uses for residences, schools, hospitals, day-care centers, or other concentrations of people indoors or outdoors; (ii)
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48 zoning regulations. State laws also may address the status of nonconforming uses within the airport hazard area and the effect of significant changes to these uses.
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49 Alabama law.371 Acquisition of Property State laws may provide for the state or for affected local governments to acquire property and property interests (e.g., easements) for the purposes of promoting airport land-use compatibility and of eliminating or reducing airport hazards.
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