Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-9 - MISCELLANEOUS PERMITS › Section 68A-9.012 - Taking of Wildlife on Airport Property

Current through Reg. 50, No. 138; July 16, 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).