Editorial Note on Part 139
Editorial Note: Nomenclature changes to part 139 appear at 69 FR 24069, May 3, 2004.

§ 139.337 Wildlife hazard management. ( a ) In accordance with its Airport Certification Manual and the requirements of this section, each certificate holder must take immediate action to alleviate wildlife hazards whenever they are detected.
( b ) In a manner authorized by the Administrator, each certificate holder must ensure that a wildlife hazard assessment is conducted when any of the following events occurs on or near the airport: ( 1 ) An air carrier aircraft experiences multiple wildlife strikes;
( 2 ) An air carrier aircraft experiences substantial damage from striking wildlife. As used in this paragraph, substantial damage means damage or structural failure incurred by an aircraft that adversely affects the structural strength, performance, or flight characteristics of the aircraft and that would normally require major repair or replacement of the affected component;
( 3 ) An air carrier aircraft experiences an engine ingestion of wildlife; or
( 4 ) Wildlife of a size, or in numbers, capable of causing an event described in paragraphs (b)(1), (b)(2), or (b)(3) of this section is observed to have access to any airport flight pattern or aircraft movement area.
( c ) The wildlife hazard assessment required in paragraph (b) of this section must be conducted by a wildlife damage management biologist who has professional training and/or experience in wildlife hazard management at airports or an individual working under direct supervision of such an individual. The wildlife hazard assessment must contain at least the following: ( 1 ) An analysis of the events or circumstances that prompted the assessment.
( 2 ) Identification of the wildlife species observed and their numbers, locations, local movements, and daily and seasonal occurrences.
( 3 ) Identification and location of features on and near the airport that attract wildlife.
( 4 ) A description of wildlife hazards to air carrier operations.
( 5 ) Recommended actions for reducing identified wildlife hazards to air carrier operations.
( d ) The wildlife hazard assessment required under paragraph (b) of this section must be submitted to the Administrator for approval and determination of the need for a wildlife hazard management plan. In reaching this determination, the Administrator will consider— ( 1 ) The wildlife hazard assessment;
( 2 ) Actions recommended in the wildlife hazard assessment to reduce wildlife hazards;
( 3 ) The aeronautical activity at the airport, including the frequency and size of air carrier aircraft;
( 4 ) The views of the certificate holder;
( 5 ) The views of the airport users; and
( 6 ) Any other known factors relating to the wildlife hazard of which the Administrator is aware.
( e ) When the Administrator determines that a wildlife hazard management plan is needed, the certificate holder must formulate and implement a plan using the wildlife hazard assessment as a basis. The plan must— ( 1 ) Provide measures to alleviate or eliminate wildlife hazards to air carrier operations;
( 2 ) Be submitted to, and approved by, the Administrator prior to implementation; and
( 3 ) As authorized by the Administrator, become a part of the Airport Certification Manual.
( f ) The plan must include at least the following: ( 1 ) A list of the individuals having authority and responsibility for implementing each aspect of the plan.
( 2 ) A list prioritizing the following actions identified in the wildlife hazard assessment and target dates for their initiation and completion: ( i ) Wildlife population management;
( ii ) Habitat modification; and
( iii ) Land use changes.
( 3 ) Requirements for and, where applicable, copies of local, State, and Federal wildlife control permits.
( 4 ) Identification of resources that the certificate holder will provide to implement the plan.
( 5 ) Procedures to be followed during air carrier operations that at a minimum includes— ( i ) Designation of personnel responsible for implementing the procedures;
( ii ) Provisions to conduct physical inspections of the aircraft movement areas and other areas critical to successfully manage known wildlife hazards before air carrier operations begin;
( iii ) Wildlife hazard control measures; and
( iv ) Ways to communicate effectively between personnel conducting wildlife control or observing wildlife hazards and the air traffic control tower.
( 6 ) Procedures to review and evaluate the wildlife hazard management plan every 12 consecutive months or following an event described in paragraphs (b)(1), (b)(2), and (b)(3) of this section, including: ( i ) The plan's effectiveness in dealing with known wildlife hazards on and in the airport's vicinity and
( ii ) Aspects of the wildlife hazards described in the wildlife hazard assessment that should be reevaluated.
( 7 ) A training program conducted by a qualified wildlife damage management biologist to provide airport personnel with the knowledge and skills needed to successfully carry out the wildlife hazard management plan required by paragraph (d) of this section.
( g ) FAA Advisory Circulars contain methods and procedures for wildlife hazard management at airports that are acceptable to the Administrator.