FLORIDA STATEWIDE HAZARDOUS WILDLIFE LEGISLATION AND RULEMAKING ACI-NA Environmental Affairs Conference San Antonio, Texas April 15, 2010 Presented by: Ellen Lindblad, Department Director Planning & Environmental Compliance
RSW Southwest Florida International Airport FMY Page Field General Aviation Airport
RSW Location Map
SWFIA 20 year Hazardous Wildlife Program Pyrotechnics and Propane Cannons Bird spiders on lights on direct approach to the runway Bird spikes on headwalls Fogging of dry detention areas
SWFIA 20 year Hazardous Wildlife Program The nation s first commercial airport Service Dog Program JET RADAR SKY
SWFIA 20 year Hazardous Wildlife Program 2009 Completed a Wildlife Hazard Assessment Currently starting a Wildlife Hazard Management Plan
21 Commercial Airports 107 GA airports Commercial Airports serve over 140 Million People/year Economic Impact to the State of Florida is over $94 Billion Dollars Annually
Florida From Space Expansive Coastal Systems Everglades System
Florida s Natural Setting
Aerial View of Southwest Florida International Airport NE & SW Conservation Areas
Wildlife Hazard Issues in Florida
Need For State Legislation
Federal guidelines in place Little guidance from the state level to help deal with regulatory agencies wetlands permitting protected species
Need For Legislation The Incident on the Hudson really brought to the forefront the issues that airports are dealing with and how crucial it is to protect aircraft from wildlife. January 15, 2009 Flight 1549 Incident February 18, 2009 Senate Bill 1864 was filed followed by House Bill 1065 on February 23, 2009
Senate Bill 1864 2009 AIRLINE SAFETY AND WILDLIFE PROTECTION ACT OF FLORIDA Exempts airport authorities and other entities from penalties, restrictions, or sanctions with respect to authorized actions taken to protect human life or aircraft from wildlife hazards. Provides that federal or state authorizations for such actions prevail over certain other regulations, permits, comprehensive plans, and laws, etc.
The Airline Safety & Wildlife Protection Act Of Florida IMMUNITY: Protects airports, employees, and contractors who are implementing these actions. Notwithstanding any other provisions of law to the contrary, an airport authority or other entity owning or operating an airport, is not subject to any administrative, civil, or criminal penalty, restriction, liability, or other sanction with respect to any authorized action taken for the purpose of protecting human life or aircraft safety from wildlife hazards. As long as they are working under the authorized actions described in the Statute.
The Airline Safety & Wildlife Protection Act Of Florida AUTHORIZED ACTIONS: FAA approved Wildlife Hazard Management Plan A depredation permit issued by the US Fish & Wildlife Service A standing order by the US Fish & Wildlife Service Actions under the Florida Fish and Wildlife Conservation Commission Administrative Code sections that permit wildlife harassment at airports
The Airline Safety & Wildlife Protection Act Of Florida Wetlands, Trespassing, Other Regulations: Wetlands: Not intended to allow dredge and fill of wetlands w/o required permits. Trespassing: Does not permit airport employees or contractors to trespass on property not owned by the airport. Other Regulations: If actions are taken to protect human life or aircraft safety, as they relate to local planning regulations, other environmental laws, local ordinance, etc, the provisions of this act will prevail.
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWCC) PROPOSED AIRPORT SAFETY AND WILDLIFE RULE
Provisions of Proposed FFWCC Airport Safety and Wildlife Rule For Federally Protected Species: Federally protected species may be taken as authorized by Federal permit/authorization. No additional state authorization required. Eagle on Runway
Provisions of Proposed FFWCC Airport Safety and Wildlife Rule For State Listed Species (not Federally Protected): Allows for persistent harassment on airport property of wildlife that poses safety issues for humans and aircraft without a permit. Allows for any kind of take, including killing, of wildlife in emergency safety situations. Gopher tortoises may not be killed. Allows for airports operating under an FAA approved WHMP to take, including killing, state listed species when persistent harassment of the animal has not been effective.
Provisions of New FFWCC Airport Safety and Wildlife Rule Other Wildlife: Allows for take of all other wildlife that poses threat to safety.
Proposed FFWCC Airport Safety and Wildlife Rule Methods of Take Not Allowed: Pesticides that are not registered by FL Dept. of Agriculture and Consumer Services Leg hold traps except those commercially manufactured padded Jaw traps Traps, nets and snares unless they are visited at least every day. Any method prohibited pursuant to Section 828.12 F.S. Live capture of any deer, except for the endangered Key deer if authorized by federal permit/authorization The killing of gopher tortoises is not allowed
Proposed FFWCC Airport Safety and Wildlife Rule What the Rules Do Not Allow: Taking of wildlife for purposes other than aircraft and human safety (airport expansion, construction projects). Wildlife cannot be killed without a permit unless it s an emergency situation or the airport is following an FAA approved Wildlife Hazard Management Plan.
If only we could see the future