Current through Reg. 50, No. 187; September 24, 2024
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 Section
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,
including eggs, regulated by the United States Departments of Interior or
Commerce in 50 C.F.R. §10.13 (Migratory Birds), 50 C.F.R. §17.11 and
§17.12 (Threatened and Endangered Species), 50 C.F.R. §22 (Bald
Eagle), 50 C.F.R. §223.102 and §224.102 (Marine Species), is allowed
pursuant to appropriate federal permit or other 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 aircraft and human safety.
(b) Any of these species and their eggs 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 or military bird/animal aircraft strike hazard 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 burrowing owl and gopher tortoise burrows, within
the safety area as defined in 14 C.F.R. §139.5 may be destroyed after or
while all existing burrowing owl and gopher tortoise(s) within the burrows are
flushed or live captured.
(d)
Wildlife nests may be destroyed when wildlife and eggs are no longer present or
have been taken as authorized in subsection (1) or (2).
(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 Veterinarians 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.
(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 01-2013, herein incorporated by reference) must be
submitted to the Commission within 5 business days. The form is available at
MyFWC.com or
http://www.flrules.org/Gateway/reference.asp?No=Ref-03696
and must be submitted to the Protected Species Permit Coordinator, 620 S.
Meridian Street, Mail Station 2A, Tallahassee, FL 32399-1600 or by email at
AirportIncidents@myFWC.com.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla.
Const.
New 7-27-10, Amended
2-13-14.
