Appendix D — Legislative and Regulatory References

Introduction

This appendix will assist the aviation community in referencing legislation and permits that apply to aviation-related wildlife-hazard management. The references include applicable Canadian and U.S. aviation, wildlife-management and environmental legislation, regulations and permits. When available, Internet references have also been provided. These references have been updated for the second edition of this book (2004); however, please note that website addresses are subject to change.

Canadian legislation and regulations

Wildlife-management programs

At the present time, Canadian law has no specific requirement for airports to establish wildlife-management programs. However, the Minister of Transport has the authority to call for such a requirement, as noted under Minister's responsibilities respecting aeronautics in Section 4.2 of the Aeronautics Act:

The Minister is responsible for the development and regulation of aeronautics and the supervision of all matters connected with aeronautics, and in the discharge of those responsibilities the Minister may:

(a)  promote aeronautics by such means as the Minister considers appropriate;

(b)  construct, maintain and operate aerodromes and establish and provide other facilities and services relating to aeronautics;

(e)  control and manage all aircraft and equipment necessary for the conduct of any services of Her Majesty in right of Canada;

(j)  cooperate or enter into administrative arrangements with aeronautics authorities of other governments or foreign states with respect to any matter relating to aeronautics;

(l)  provide financial and other assistance to persons, governments and organizations in relation to matters pertaining to aeronautics;

(n)  investigate matters concerning aviation safety; and

(o)  undertake such other activities in relation to aeronautics as the Minister considers appropriate or as the Governor in Council may direct.

Internet home page:
www.tc.gc.ca/eng/acts-regulations/acts-1985ca-2.htm

 

Airport zoning

Intended to prevent land-use activities that may lead to wildlife hazards, the following section of the Aeronautics Act concerns zoning of land in the vicinity of airports:

Aeronautics Act — Section 5.4 (2)

The Governor in Council may make regulations for the purposes of:

  1. preventing lands adjacent to or in the vicinity of a federal airport or an airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the operation of an airport;
  2. preventing lands adjacent to or in the vicinity of an airport or airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the safe operation of an airport or aircraft; and
  3. preventing lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would, in the opinion of the Minister, cause interference with signals or communications to and from aircraft or to and from those facilities.

Internet home page: 
www.tc.gc.ca/eng/acts-regulations/acts-1985ca-2.htm

Land Use in the Vicinity of Airports (TP 1247)

This Transport Canada publication describes the operational characteristics of airports and how they are influenced by land-use activities outside airport boundaries. TP 1247 also recommends guidelines for land use in the vicinity of airports. The principle recommendation relating to bird hazards states:

.provisions must be made for prohibiting the location of garbage dumps, food waste landfill sites, coastal commercial fish processing plants, and/or the planting of crops, that may either attract birds or adversely affect flight visibility, within 8 kilometers of an Aerodrome reference point.

Internet home page: 
www.tc.gc.ca/eng/civilaviation/standards/aerodromeairnav-menu.htm

Issuance of Airport Certificate: Canadian Air Regulation (CAR) 302.03

This regulation states:

(1)  Subject to subsection 6.71(1) of the Act, the Minister shall issue an airport certificate to an applicant authorizing the applicant to operate an aerodrome as an airport if the proposed airport operations manual, submitted pursuant to, is approved by the Minister pursuant to subsection (2) and;

  1. the standards set out in the aerodrome standards and recommended practices publications are met; or
  2. on the basis of an aeronautical study, the Minister determines that:
  1. the level of safety at the aerodrome is equivalent to that provided for by the standards set out in the aerodrome standards and recommended practices publications, and
  2. the issuance of the airport certificate is in the public interest and not detrimental to aviation safety.

(2)  The Minister shall approve a proposed airport operations manual if it:

  1. accurately describes the physical specifications of the aerodrome; and
  2. conforms to the requirements set out in the aerodrome standards and recommended practices publications that apply in respect of an airport operations manual.

(3)  Where an aerodrome does not meet a standard set out in the aerodrome standards and recommended practices publications, the Minister may specify in the airport certificate such conditions relating to the subject-matter of the standard as are necessary to ensure a level of safety equivalent to that established by the standard and as are necessary in the public interest and to ensure aviation safety.

Internet home page: Canadian Aviation Regulations (SOR/96-433)

Aerodrome certification

Aerodrome Standards & Recommended Practices (TP 312) defines applicable safety standards for certified aerodromes. These regulations are currently under revision and cannot be accessed electronically. Paper copies of this document are available from:

Transport Canada, Aerodromes and Air Navigation Branch
330 Sparks Street
Place de Ville, Tower C, 7th floor
Ottawa, Ontario
K1A 0N8

Internet home page:  http://www.tc.gc.ca/

Wildlife Control Procedures Manual (TP 11500)

Supporting Transport Canada's policy on wildlife management at airports, this manual provides guidance on the development, implementation and maintenance of airport wildlife-management plans.

Internet home page: 
http://www.tc.gc.ca/eng/civilaviation/standards/aerodromeairnav-standards-wildlifecontrol-menu-931.htm

Airspeed Limitations: Canadian Aviation Regulation (CAR) 602.32

In light of research that shows a direct correlation between airspeed and bird-strike severity, Transport Canada amended the CARs in 2003 to reduce departure airspeeds to 250 knots for aircraft operations below 10,000 feet MSL (mean sea level).

Part VI — General Operating and Flight Rules — Subpart 2 — Operating and Flight Rules

Airspeed Limitations

602.32 (1)  Subject to subsection (2), no person shall operate an aircraft below 10,000 feet ASL at an indicated airspeed of more than 250 knots.

(2)  No person shall operate an aircraft below 3,000 feet AGL within 10 nautical miles of a controlled airport at an indicated airspeed of more than 200 knots unless authorized to do so in an air traffic control clearance.

(3)  Notwithstanding subsections (1) and (2), a person may operate an aircraft at an indicated airspeed greater than the airspeeds referred to in subsections (1) and (2) where the aircraft is being operated on departure or in accordance with a special flight operations certificate — special aviation event issued pursuant to section 603.02.

(4)  Where the minimum safe speed for the flight configuration of an aircraft is greater than the speed referred to in subsection (1) or (2), the aircraft shall be operated at the minimum safe speed.

Internet home page: Canadian Aviation Regulations

 

Canadian environmental legislation and regulations

Migratory Birds Convention Act

The Migratory Birds Convention Act addresses harassment, trapping and extermnination of young and adult birds, as well as the destruction of nests. Airport wildlife-management initiatives involving birds protected under the Migratory Birds Convention Act require federal permits from the Canadian Wildlife Service.

No federal permits are required for the killing of pigeons, House Sparrows, crows, blackbirds or starlings; however, some species may be protected by provincial regulations.

The Airport Permits section of the Migratory Birds Convention Act states:

Section 28

(1)  The Minister may issue a permit:

  1. to the manager of a civilian airport or the nominee of such manager, or
  2. to the commanding officer of a military airport, or the nominee of such commanding officer, to kill on the airport migratory birds that are considered by such a manager, commanding officer or nominee to be a danger to aircraft operation at such airport.

(2)  A permit issued pursuant to subsection (1) is valid from the date of issue to the expiry date specified in the permit or, if it is canceled by the Minister, to the date of cancellation.

Section 4(d) of the Migratory Birds Convention Act provides regulations for the granting of permits to kill or take migratory birds, their nests and eggs.

http://laws.justice.gc.ca/en/M-7.01/

Species at Risk Act (National Accord for the Protection of Species at Risk):

Federal, provincial and territorial ministers responsible for wildlife have committed to a national agreement on the protection of species at risk. If the bill becomes law, some aspects of airport wildlife management may be affected. Intended to prevent species in Canada from becoming extinct as a consequence of human activity, the Act will recognize the following:

(1)  species do not recognize jurisdictional boundaries; inter-governmental cooperation is crucial to the conservation and protection of species at risk;

(2)  the conservation of species at risk is a key component of broader conservation efforts in the Canadian Biodiversity Strategy;

(3)  governments have a leadership role in providing both information on and appropriate measures for the conservation and protection of species at risk — the effective involvement of all Canadians is essential;

(4)  species-conservation initiatives will be met through complementary federal and provincial/territorial legislation, regulations, policies and programs; and

(5)  lack of complete scientific certainty must not be used to delay measures that avoid or minimize threats to species at risk.

Internet home page: 
www.ec.gc.ca/EnviroRegs/Eng/SearchDetail.cfm?intAct=1049

 

Endangered-species list

The following list of endangered Canadian bird species was last updated in April 2003:

Northern Bobwhite
Piping Plover
Whooping Crane
King Rail
Spotted Owl
Western Screech-Owl
Eskimo Curlew
Loggerhead Shrike
Horned Lark
Henslow's Sparrow
Acadian Flycatcher
Roseate Tern
Sage Grouse
Sage Thrasher
Barn Owl
Kirtland's Warbler
Burrowing Owl
Prothonotary Warbler
Mountain Plover
White-headed Woodpecker

Internet home page: 
 

http://www.sararegistry.gc.ca/default_e.cfm

Federal Wetlands Policy

Adopted by Cabinet, the Federal Policy on Wetland Conservation applies to all federal departments, agencies, Crown corporations and programs. The policy must be considered in light of all departmental and other policies and expenditures related to projects subject to federal environmental assessment. The Provincial Wetland Policies of Alberta, Saskatchewan, Manitoba and Ontario have also been adopted at Cabinet level.

In support of the wetland policy's objectives, the federal Government, in cooperation with the provinces and territories and the Canadian public, will strive to achieve the following goals:

  • maintenance of the functions and values derived from wetlands throughout Canada
  • no net loss of wetland functions on all federal lands and waters
  • enhancement and rehabilitation of wetlands in areas where the continuing loss or degradation of wetlands or their functions have reached critical levels
  • recognition of wetland functions in resource planning, management and economic decision-making with regard to all federal programs, policies and activities
  • securement of wetlands of significance to Canadians
  • recognition of sound, sustainable management practices in sectors such as forestry and agriculture that make a positive contribution to wetlands conservation while also achieving wise use of wetland resources
  • utilization of wetlands in a manner that enhances prospects for their sustained and productive use by future generations

This policy may affect wildlife-management programs if airports contain or are surrounded by wetlands.

Internet home page:  http://www.ec.gc.ca/Publications/default.asp?lang=En&xml=6AD07CA9-1DDD-4201-ACCF-B18E41FCB350

Federal Fisheries Act

This Act applies to wildlife-management programs whenever fish and their habitat are affected. The applicable sections of the Act are:

Section 37

37. (1)  Where a person carries on or proposes to carry on any work or undertaking that results or is likely to result in the alteration, disruption or destruction of fish habitat, or in the deposit of a deleterious substance in water frequented by fish or in any place under any conditions where that deleterious substance or any other deleterious substance that results from the deposit of that deleterious substance may enter any such waters, the person shall, on the request of the Minister or without request in the manner and circumstances prescribed by regulations made under paragraph (3)(a), provide the Minister with such plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work or undertaking and with such analyses, samples, evaluations, studies or other information relating to the water, place or fish habitat that is or is likely to be affected by the work or undertaking as will enable the Minister to determine

(a)  whether the work or undertaking results or is likely to result in any alteration, disruption or destruction of fish habitat that constitutes or would constitute an offence under subsection 40(1) and what measures, if any, would prevent that result or mitigate the effects thereof; or

(b)  whether there is or is likely to be a deposit of a deleterious substance by reason of the work or undertaking that constitutes or would constitute an offence under subsection 40(2) and what measures, if any, would prevent that deposit or mitigate the effects thereof.

Section 35

35. (1)  No person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat.

(2)  No person contravenes subsection (1) by causing the alteration, disruption or destruction of fish habitat by any means or under any conditions authorized by the Minister or under regulations made by the Governor in Council under this Act.

Internet home page: http://www.dfo-mpo.gc.ca/habitat/role/141/1415/14151-eng.htm

The Canadian Environmental Assessment Act (CEAA)

The CEAA was implemented in the fall of 1994 and is currently under review. It requires that wildlife-management programs meeting specific criteria must — like all federal policies and activities — be assessed to ensure adverse environmental effects are minimized.

Section 4 states that the purposes of the Act are:

(1)  to ensure that all environmental effects of projects receive careful consideration before responsible authorities take actions in connection with them;

(2)  to encourage responsible authorities to take actions that will promote and maintain a healthy environment and a healthy economy; and

(3)  to ensure that serious adverse environmental effects of projects to be carried out in Canada or on federal lands do not occur outside the jurisdiction in which the projects are carried out.

Internet home page: http://www.ceaa.gc.ca/default.asp?lang=En&n=D75FB358-1

 

Permits for wildlife management

Provincial, federal and municipal permits may be required for wildlife-management activities that involve harassing, removing or killing wildlife.

Mammals fall under provincial jurisdiction. Permits required for hunting or trapping these animals must be obtained from respective provincial wildlife departments.

To determine applicable provincial and municipal permits, please refer to local regulatory authorities.

Firearms Acts and laws

In Canada, anyone wishing to use or own a firearm must obtain a Possession and Acquisition Licence (PAL). Application forms are available from local police. Applications can be returned to appropriate police agencies once completed.

As of January 1, 2001, the Possession and Acquisition Licence (PAL) is the only licence available to firearm holders in Canada. To obtain a PAL, applicants must first pass the Firearms Safety Course test, as administered by an instructor who is designated by a chief firearms officer. Anyone wishing to acquire handguns or other restricted or prohibited firearms must also pass the Canadian Restricted Firearms Safety Course test.

The Possession and Acquisition Licence (PAL) must be renewed every five years.

Additional information can be obtained from the Canadian Firearms Centre at: 1-800-731-4000 or canadian.firearms@justice.gc.ca

Internet homepage:  http://www.canadianfirearms.com/

Canadian provincial environmental regulations:

Under the Constitution Act of Canada, the federal government has exclusive jurisdiction over several areas, including federal property and its use in aeronautics. While the Crown is not bound by provincial law, prudent wildlife managers should do their utmost to respect provincial laws, acts and policies that may affect proposed programs. If in doubt, consult a legal officer of the Department of Justice to determine the best course of action.

Canadian pesticide regulations:

Through the Pest Control Products Act (PCRA), the Canadian federal government regulates products used to control pests and the organic functions of plants and animals. However, use of these products also falls under provincial and territorial jurisdiction. Consult individual provincial and territorial websites for further information.

Health Canada (federal government) Internet home page: 
www.hc-sc.gc.ca/pmra-arla/english/legis/legis-e.html

 

U.S. legislation and regulations

Title 14, Code of Federal Regulations, Part 139 — Wildlife Hazard Assessment FAR 139.337

FAR 139.337 is currently being revised; the updated regulation will be available on the FAA website once completed.

This regulation requires that a Wildlife Hazard Assessment (ecological study) acceptable to the Federal Aviation Administration (FAA) be conducted when any of the following events occur at or near airports:

  • air-carrier aircraft experience multiple bird strikes or engine ingestions;
  • air-carrier aircraft experience damaging collisions with wildlife other then birds; and
  • wildlife of a size or in numbers capable of causing an event described in the above two situations is observed to have access to any airport-flight pattern or movement area.

Internet home page:  http://www.faa.gov/air_traffic/publications/

Waste Disposal Sites on or Near Airports (AC 5200.33A)

This advisory circular provides guidance for the establishment, elimination and monitoring of landfills, open dumps, waste-disposal sites and similarly titled facilities at or in the vicinity of airports.

Revisions to this document state that no person shall construct or establish a municipal solid-waste landfill within six miles of public airports that have:

  • received grants under Chapter 471, and
  • are primarily served by general-aviation aircraft and regularly scheduled flights of aircraft designed for 60 passengers or less.

This revision results from findings that revealed:

  • smaller aircraft flying from minor airports are as — if not more — susceptible to damaging bird strikes than larger aircraft at major centres; and
  • landfills are largely responsible for attracting birds to smaller airports.

Internet home page:  5200-33.pdf

Aircraft Engine Certification (FAR 33)

This regulation prescribes airworthiness standards for airplane and rotorcraft engines.

Internet home page: http://accidents-ll.faa.gov/ll_main.cfm?TabID=1&LLID=60&LLTypeID=5

Waste Disposal Site Notification Requirement: Title 40, Code of Federal Regulations, Part 258.10

The United States Environmental Protection Agency (USEPA) requires owners and operators of the following facilities to demonstrate successfully that their installations do not pose hazardous conditions to aircraft:

  • municipal solid-waste landfill sites (MSWLF),
  • units or lateral expansions of existing MSWLF units located within 10,000 feet of any airport runway used by turbojet aircraft, and
  • units or lateral expansions of existing MSWLF units located within 5,000 feet of any airport runway that serves only piston-type aircraft.

The USEPA also requires any operators proposing new or expanded waste-disposal operations within five miles of a runway end to make the proposal known to the appropriate FAA Regional Airports Division Office and the airport operator.

Internet home page: http://www.epa.gov/epawaste/index.htm

U.S. Environmental Regulations

Depredation Orders and Migratory Bird Permits (50CFR 21.43)

The Federal Migratory Bird Treaty Act protects all birds which:

  • belong to a species listed in Section 10.13 of 50 CFR, or
  • are mutations or hybrids of the listed species.

Local ordinances must be respected when considering harassment or lethal methods to control problem birds. Consult with local law-enforcement authorities or Regional DEC offices if there are questions concerning specific situations.

Title 50 Code of Federal Regulation Part 21.43

Section 21.43, Title 50 CFR, states that:

A Federal Permit shall not be required to control Red-winged, Rusty, and Brewer's Blackbirds, cowbirds, all grackles, crows, and magpies when found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.

Internet home page: 
www.access.gpo.gov/nara/cfr/waisidx/50cfr21.html

Animal Damage Control Act (7 USC 426-426b) The Act of March 2, 1931 (46 Stat. 1468)

This Act authorizes and directs the Secretary of Agriculture to manage wildlife that are injurious to agriculture interests, other wildlife, and human health and safety — including wildlife that create aviation hazards. The Secretary is authorized to conduct investigations, experiments and tests to determine the best methods of eradication, suppression and control of wildlife.

Internet home page:  http://www.fws.gov/

Federal Insecticide, Fungicide and Rodenticide Act, as Amended (7 U.S. Code 36; Public Law 104.317)

Administered by the USEPA, this Act governs the registration, labeling, classification and use of pesticides. Any substance used as a pesticide must be registered with the USEPA and with the respective state pesticide regulatory agency. Anyone who wishes to use restricted pesticides and apply them under any circumstances must be a certified applicator — or work under the direct supervision of a certified applicator — and may use only pesticides covered by the certified applicator's licence.

Internet home page:  http://www4.law.cornell.edu/uscode/

State environmental regulations and permits

State, federal and municipal permits may be required for such wildlife-management activities as harassing, removing or killing wildlife. For example, crows in Ohio may not be killed outside of the state crow-hunting season unless a state depredation permit has been issued; black birds may not be killed on Sundays. Non-native birds such as pigeons, House Sparrows and starlings — and gallinaceous game birds such as turkeys, grouse and pheasants — are not protected by the Federal Migratory Bird Treaty Act (MBTA), but may be protected under state laws.

To determine applicable state and municipal permits, please refer to local regulatory authorities.

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