The purpose and effect of these proposed rule changes is to consolidate provisions for the harassment and take of wildlife that pose a threat to aircraft safety and human life at airports and to eliminate most permitting requirements for such ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-9.012: Taking of Wildlife on Airport Property
PURPOSE AND EFFECT: The purpose and effect of these proposed rule changes is to consolidate provisions for the harassment and take of wildlife that pose a threat to aircraft safety and human life at airports and to eliminate most permitting requirements for such actions.
SUMMARY: A new Rule 68A-9.012, F.A.C., consolidates from several existing rules into one rule the provisions concerning aircraft and human safety issues posed by wildlife on airport property. The new rule largely eliminates permitting requirements for taking of wildlife on airports for the purpose of aircraft or human safety. Consolidation of provisions addressing aircraft and human safety issues posed by wildlife from several rules into one rule also makes it easier for airport operators to understand how they may handle such issues. Other rules are repealed (68A-27.002) or modified (68A-9.010) because provisions are now included in the new rule, or modified (68A-4.002 and 68A-24.005) to be consistent with the new rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ____or will not _X__have an impact on small business. A SERC has ____ or has not _X__been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, June 23-24, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Orlando Marriott Lake Mary, 1501 International Parkway, Lake Mary, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator, at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Tim Breault, Director, Division of Habitat and Species Conservation, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

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 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 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 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 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 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 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 email at [e-mail].

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.W.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Tim Breault, Director, Division of Habitat and Species Conservation, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 12, 2010