Fla. Admin. Code R. 68A-9.012

Current through Reg. 49, No. 105; May 31, 2023
Section 68A-9.012 - Taking 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, 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.

Fla. Admin. Code Ann. R. 68A-9.012

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

New 7-27-10, Amended 2-13-14.