[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35804-35808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17128]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Revised Record of Decision on Gull Hazard Reduction Program for
John F. Kennedy International Airport
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: The Port Authority of New York and New Jersey (PA) has applied
for a permit to take migratory birds, including several species of
gulls at John F. Kennedy International Airport (JFKIA). The Lead Agency
for this Final Environmental Impact Statement (FEIS) was Animal Damage
Control (ADC). The U.S. Fish and Wildlife Service (Service) was a
cooperating agency with jurisdiction by law and actively participated
in the scoping, drafting and reviewing of the Draft Environmental
Impact Statement (DEIS) and the FEIS. Pursuant to the Council on
Environmental Quality Regulations (Part 1506.3, Title 40 CFR) for
Implementing Provisions of the National Environmental Policy Act
(NEPA), and the Department of the Interior, Departmental Manual at 516
DM 1.1-6.6, the Service adopted the above FEIS as prepared by the U.S.
Department of Agriculture in 1994. The Service used the information and
analyses in the DEIS and FEIS to make its own independent Record of
Decision (ROD) for this project, which was published on June 3, 1994 in
the Federal Register. Based on its independent evaluation and review,
the Service selected an alternative similar to the Integrated
Management Program, Department of the Interior Policy (IMP/DOI) as its
preferred alternative (FEIS, pp. 6-7 to 6-9). The conditions contained
in the IMP/DOI were designed to minimize environmental harms and
constitute a viable monitoring and enforcement program.
The PA has not to date fully implemented all of the actions
identified in the original ROD, and as a result the Service has been
unable to issue the PA a Special Purpose Permit to support the bird
hazard reduction program at JFKIA. However, the Service did issue
limited permits in 1994, 1995, and 1996 to address emergency conditions
associated with gulls during the summer months. These emergency
conditions were documented by the Federal Aviation Administration (FAA)
and by data collected by ADC biologists in those years. The current
environmental situation at JFKIA remains essentially the same as was
addressed in the 1994 FEIS. The data collected by ADC biologists since
1994 complements, but does not materially change the analysis of
impacts of alternatives bearing on the revised decision. These data are
available by contacting the person listed in this notice. Since issuing
the original ROD, the Service has been involved in lengthy negotiations
with the PA, but has been unable to find the PA in full compliance with
the ROD, as published on June 3, 1994. The Service believes that
significant bird hazards do occur at JFKIA, as are documented in the
FEIS, and that a Special Purpose Permit is needed to address
emergencies and to facilitate migratory bird management programs on
JFKIA. In addition, the Service recognizes that the PA has implemented
many of the actions identified in this ROD, and the Service hereby
amends its original ROD to support a limited Special Purpose Permit
action for the bird hazard program at JFKIA.
ADDRESSES: Copies of the referenced ADC data, the 1994 ROD and the 1994
FEIS may be obtained from George Haas, 300 Westgate Center Drive,
Hadley, Massachusetts 01035 (413/253-8576).
Background
JFKIA is one of three major airports in the New York Metropolitan
Region, servicing approximately 28 million passengers per year. It is
located at the eastern end of Jamaica Bay, immediately adjacent to the
Jamaica Bay National Wildlife Refuge, which is part of Gateway National
Recreation Area (GNRA) [administered by the National Park Service
(NPS)]. The interaction of birds and aircraft at JFKIA is a serious
problem, creating significant hazards to human safety, as well as
causing financial losses due to aircraft
[[Page 35805]]
destruction, equipment damage, runway closures, and associated
personnel costs. The airport is constructed on a filled-wetland within
a major estuary on the Atlantic Coast and within a major migratory bird
corridor in the Atlantic Flyway. This location has contributed to an
unusually high incidence of bird strikes at JFKIA. As early as 1975 a
Service study concluded that gulls (herring, ring-billed and great
black-backed) constituted the principal bird hazard at JFKIA. This
problem was severely exacerbated by the establishment and rapid growth
of a breeding colony of laughing gulls on the salt marsh islands in
Jamaica Bay located at the southeast end of Runway 22R/4L. As the
colony grew from 15 pairs in 1979 to more than 7,000 pairs in 1990, the
number of laughing gulls involved in bird strikes increased from 2 to
as many as 187 per year, and the percentage of bird strikes involving
laughing gulls increased from less than 2 percent to approximately 50
percent. Other gulls accounted for approximately 25 percent of JFKIA's
bird strikes. Fifty-eight other bird species have accounted for
approximately 23 percent of the air strikes and 25 percent of the
damage delays (1979-93).
Throughout the 1960's, 1970's, and 1980's, the PA and Federal, New
York State and New York City natural resource management agencies have
conducted activities to evaluate, control, and monitor JFKIA's bird
strike hazard. These activities have included, but were not limited to
the following: experimental laughing gull egg-oiling project;
international panel review; ecological studies; non-lethal harassment
programs; and interim shooting programs. Despite implementation by the
PA of a multi-faceted bird hazard reduction program and closure of
nearby landfills, strikes by laughing gulls continued to increase. In
response to the increase, a temporary, on-airport gull hazard reduction
program was conducted by the ADC unit of the U.S. Department of
Agriculture from 1991 through 1993. Between May and August of each year
gulls entering JFKIA airspace were shot. ADC biologists killed 14,191
laughing gulls in 1991, 11,847 in 1992, and about 6,500 in 1992. By the
third year, this program reduced the number of bird strikes involving
laughing gulls by more than 90 percent.
In 1992, the concern for potential cumulative impacts associated
with the shooting program demonstrated the need to explore issues
involved in reduction of the hazards of gull/aircraft interaction at
JFKIA. Consequently, the preparation of an Environmental Impact
Statement (EIS) was initiated to explore all reasonable alternatives
which might be implemented to reduce the number of gull/aircraft
collisions at JFKIA in an effective, safe, environmentally sound manner
in compliance with all applicable laws and regulations.
The EIS process, including early public participation, began when a
Notice of Intent to prepare the DEIS was published in the December 4,
1992 Federal Register. At that time, the Service became a cooperating
agency. One scoping meeting and one public meeting were held at JFKIA.
The Notice of Availability of the DEIS was published in the February
11, 1994 Federal Register. Prior to the release of the DEIS for public
review, the Service reviewed several preliminary drafts. The comment
period of the DEIS ended April 25, 1994, however, comments were
accepted through April 28, 1994. The Service reviewed and commented on
a preliminary FEIS, and all substantive comments were incorporated into
the FEIS released to the public. The Notice of Availability of the FEIS
appeared in the May 6, 1994 Federal Register. The Service published its
``Record of Decision on Gull Hazard Reduction Program for John F.
Kennedy International Airport'' in the June 3, 1994 Federal Register.
The 1994 Record of Decision
The Service's 1994 ROD closely resembles the IMP/DOI policy, which
is set forth in pages 6.6 through 6.9 of the FEIS. The 1994 ROD
contains more specific actions and time frames than are found in the
FEIS discussion of the IMP, which appears on page 6.11. Specific
measures identified in the June 3, 1994 Federal Register (taken
verbatim from the 1994 ROD and enclosed in quotes) and the Service's
evaluation of each measure are as follows:
The 1994 ROD identifies the following specific action:
``The PA will hire a person trained in ornithology, or wildlife
biology, or in a related field as the supervisor for the Bird
Control Unit (BCU) by August 1, 1994. This supervisor will be
trained to the Master of Science level in either ornithology or
wildlife biology and will be capable of developing and evaluating
the bird hazard management program at JFKIA and developing
monitoring programs for birds in the JFKIA area.''
The Service's evaluation of this specific action is as follows:
The Service believes that this measure was met, but not according
to schedule. This biologist does not directly supervise the BCU. The
BCU and biologist report to the Manager, Aeronautical Services Division
for JFKIA. The biologist influences BCU activities through his
supervisor.
The 1994 ROD identifies the following specific action:
``The PA must apply to the Service for the October 1994 BCU
permit by September 15, 1994, and should indicate in its application
how it has complied with hiring the BCU supervisory biologist (#1
above) and the reorganization of the Bird Hazard Task Force (BHTF).
With this application the PA may include its assessment of the BCU's
personnel capabilities and expertise. This assessment, if provided,
should address needs for increases in staff size, changes in
professional capabilities of staff, and training. It should also
identify BCU equipment and support requirements, as well as document
how the BCU will conduct the collection of biological field data,
surveys and monitoring program described in the IMP/DOI and this
document.''
The Service's evaluation of this specific action is as follows:
This measure was not accomplished in 1994, and no longer applies to
this issue.
The 1994 ROD identifies the following specific action:
``The PA will reorganize the BHTF to serve as an advisory
committee to the Port Authority for the evaluation of the BCU
program and the gull shooting program by August 1, 1994. The BHTF
will suggest improvements to this program, recommend additional
research and monitoring needs and establish criteria to be used for
initiation of Category 2 measures. The agencies currently composing
the BHTF would remain. The chairmanship would be rotated on an
annual basis; however, the Service would chair the task force during
this reorganization period.''
The Service's evaluation of this specific action is as follows:
The Service believes that this measure has been met, but not within
the schedule.
The 1994 ROD identifies the following specific action:
``The PA will increase staff size for the BCU to 10 permanent,
full-time members by November 1, 1994. All BCU employees will be
qualified to consistently and accurately collect biological field
data and to conduct surveys and monitoring programs with the minimum
professional training of a Bachelors of Science or equivalent
substantive course work and field experience. The BCU will include
at least one person trained in entomology and pesticides.''
The Service's evaluation of this specific action is as follows:
The Service believes that this measure has not been met. There are
not 10 permanent, full-time members of the BCU and all members of the
BCU do not possess the minimum professional training of a Bachelors of
Science degree or equivalent. However, the PA has
[[Page 35806]]
provided some training to members of the BCU over the past year
relating to bird control, which may improve the ability of the BCU to
do its job. The PA has one staff person trained in entomology and
pesticides within a separate section and this one staff person is
available to the BCU. The Service recognizes that the PA has improved
the profession capability of the BCU and that BCU employees currently
conduct bird surveys at JFKIA. However, the staff size of the BCU has
only been increased by the addition of the biologist, and with the
exception of the biologist the Service believes that the other members
of the BCU lack the equivalent of a Bachelor of Science training in
data collection or population monitoring programs.
The 1994 ROD identifies the following specific action:
``The PA will provide sufficient equipment and vehicles to
support the improved BCU by November 15, 1994. This includes
equipment to disperse water following rain storms, pyrotechnics,
speaker systems in all vehicles, firearms, and safety equipment.''
The Service's evaluation of this specific action is as follows:
The PA has assured the Service that this equipment is available to
the BCU.
The 1994 ROD identifies the following specific action:
``The PA will train and authorize all BCU employees to conduct
all harassment methods, including the firing of firearms for lethal
and non-lethal harassment by November 15, 1994. This includes the
development of a training plan for all employees.''
The Service's evaluation of this specific action is as follows:
The PA provided training to all employees associated with the BCU,
but this training was not provided within the above stated schedule.
However, the PA does not permit all members of the BCU to conduct all
harassment methods. Specifically the use of firearms is restricted to
shift supervisors.
The 1994 ROD identifies the following specific action:
``The BCU staff requires 7 people to perform its bird harassment
responsibilities (1 supervisor, 2 employees per shift, 2 shifts per
day, 7 days a week). In order to increase the capability of the BCU,
the Service has determined that three additional people are
required, as well as improving the professional training and
capabilities of the BCU and assuring that the BCU is adequately
equipped to do its job.''
The Service's evaluation of this specific action is as follows:
The Service does not believe that the increase in staff size and
capability has been accomplished.
The 1994 ROD identifies the following specific action:
``On or before January 31, 1995, the PA will develop and
implement monitoring programs to assess the following: (1)
Evaluation of the effectiveness of the gull shooting program and
JFKIA's bird hazard management program; (2) identification of
criteria that could be used to determine when a gull shooting
program should begin or end; (3) identification of criteria, with
the involvement of the BHTF, that could be used to determine when
Category 1 elements have become ineffective; (4) evaluation of off-
airport attractants that encourage gulls to fly through JFKIA
airspace; and (5) continuing evaluation of potential on-airport
attractants.''
The Service's evaluation of this specific action is as follows:
The PA provided the Service with a document addressing these issues
in February 1995 and provided the Service with information addressing
these five issues in a report entitled ``Wildlife Management Plan'' in
1996. In addition, ADC annually; reviews the effectiveness of the gull
shooting program (action 1); the last interagency review of JKFIA's
bird hazard management program was in 1994 (action 1); ADC and the
Service cooperated in the development of criteria for determining when
a gull shooting program should begin in 1994 and 1995 (action 2); NPS
has been working on the identification of criteria which could be used
to determine when Category 1 elements have become ineffective since
1994 (action 3); the PA collected data on off-airport attractants for
gulls in 1995 (action 4); and the PA presented information concerning
on-airport attractants in their ``Wildlife Management Plan'' (action
5).
The 1994 ROD identifies the following specific action:
``3. Prepare written plans for vegetation, insect control, solid
waste, water management and other on-airport issues that address
bird hazard management.
The PA will produce written management plans for vegetation,
insect, water, and solid waste management on JFKIA by December 29,
1994. These plans will document the existing programs and the
overall management strategies for these programs.''
The Service's evaluation of this specific action is as follows:
The PA has provided the Service with a series of drafts for these
management plans, but not within the above stated schedule. The most
recent version is dated April 1996 and entitled ``Wildlife Management
Plan''. The Service merely stipulated that these plans be prepared in
its ROD and did not stipulate any criteria about plan quality. However,
the Service is concerned about the quality of this draft and previous
drafts. These concerns are shared by BHTF member agencies. The plan
continues to be under development.
The 1994 ROD identifies the following specific action:
``4. As a part of the effort to develop data on bird species
contributing to hazards at JFKIA and to a determination of when
Category 2 measures may be appropriate, the NPS is committee to
participating in seasonal surveys in 1994 to monitor gull
populations and distribution in the Jamaica Bay area and will
provide these data to the BCU and BHTF.''
The Service's evaluation of this specific action is as follows:
The NPS participated in these surveys in 1994, 1995, and 1996.
The Service received assurance that ``. . . the Port Authority
wishes to reaffirm our commitment and demonstrate the extent of our
effort to satisfy the elements of the ROD's scope,'' in a letter dated
August 31, 1994 and signed by Mr. Robert J. Kelly, Chief Operations
Officer, Aviation Department, for the PA. The PA did not meet the
deadlines identified in the ROD, but has made progress with reaching
all but one action. The PA has not met the action entitled ``1.
Additional enhancement of the profession capability of the BCU''.
Specifically, the PA has not increased the staff size for the BCU to 10
permanent, full-time members with the minimum professional training of
a Bachelors of Science or equivalent substantive course work and field
experience. In addition, the BCU is not directly supervised by the
wildlife biologist.
Service Actions Following the 1994 ROD
1994 Actions
The Service issued Special Purpose Permits to ADC to allow the 1994
shooting program and to PA to allow the 1994 BCU program. ADC's permit
expired on August 20, 1994, and the PA's permit expired on October 1,
1994. The Service took this action on the ADC permit, in consideration
of the FAA's determination of a need for emergency actions at JFKIA
(letter dated May 24, 1994) and the information presented in the FEIS
concerning the hazards presented by gulls at JFKIA. This action was
identified in the Service's ROD. The Service authorized ADC personnel
to kill no more than 14,500 laughing gulls, 1,500 herring, 200 great
black-backed and 200 ring-billed gulls, when found flying into JFKIA
airspace and creating a hazard to aircraft. This permit was issued when
data collected by ADC personnel demonstrated this emergency existed at
JFKIA. In 1994, 3,688
[[Page 35807]]
laughing gulls, 184 herring gulls, 73 great black-backed gulls, and 36
ring-billed gulls were taken under these permits. Following release of
the ROD, the Service met with the PA on August 22 and November 29 in
1994; attended three related meetings with our governmental agencies;
and sent letters to the PA dated June 6, June 14, June 27, August 19
and November 10, 1994, concerning the additional organizational
measures identified in the Service's ROD. However, the PA did not fully
accomplish these ROD actions in 1994.
1995 Actions
The Service issued a Special Purpose Permit to the PA to allow the
1995 shooting program. The PA was not in full compliance with the
Service's ROD at that time. The Service took this action on the PA
permit, in consideration of the FAA's determination of a need for
emergency actions at JFKIA (letter dated May 12, 1995) and actions
taken by the PA to meet the Service's ROD. The Service authorized the
PA to kill no more than 14,500 laughing gulls, 1,500 herring, 200 great
black-backed, 200 ring-billed gulls and 20 Canada geese, when found
flying into JFKIA airspace and creating a hazard to aircraft. This
permit was issued when data collected by ADC personnel demonstrated
this emergency existed at JFKIA. In 1995, 6,302 laughing gulls, 430
herring gulls, 97 great black-backed gulls, 65 ring-billed gulls and 20
Canada geese were taken under this permit. The Service met with the
Port Authority on February 7, February 10, March 15, March 16, May 2,
October 5, and November 30 in 1995, attended five related meetings with
other governmental agencies; and sent letters to the PA dated February
23, April 24, June 6, and June 7, 1995, concerning the organizational
improvements identified in the Service's ROD. However, the PA did not
fully accomplish these actions in 1995.
1996 Actions
The Service met with the PA on February 12 and March 19 in 1996;
attended one related meeting with other governmental agencies; and sent
letters to the PA dated March 19, April 26, May 16, May 17 and June 5,
1996, concerning the actions identified in the Service's ROD. However,
the PA did not fully accomplish these actions in 1996. The Service has
concluded that the PA will not completely accomplish the actions
identified in its 1994 ROD in the foreseeable future. The Service
believes that a serious human safety risk exists at JFKIA, given its
location in the middle of a major estuary within a major migratory bird
corridor, and that a program which includes gull shooting will always
be needed. The Service believes that authority to shoot gulls and
certain other species of migratory birds is necessary to the overall
IMP/DOI.
Given the Service's experiences working with the PA since June
1994, the Service believes that the PA will not fully implement the
management measures contained in the ROD, which the Service believes
would improve the ability of all interested parties to understand the
behavior of gulls entering JFKIA airspace. When it crafted its 1994
ROD, the Service determined that an expanded, full-time,
professionally-trained BCU was needed to monitor year-round bird
movements and behavior in the JFKIA area, which would allow improved
airport safety decisions and reduce the take resulting from the gull
shooting program. The Service acknowledges that while some members of
the BCU do possess practical experience will gulls gained from their
years at JFKIA, the Service does not believe the present staff, both in
terms of numbers and training, has the capability to conduct the
necessary monitoring programs and studies.
During the preparation of the EIS, the Service and NPS urged the PA
and EIS preparers to also analyze the other migratory bird species that
frequent JFKIA and the threats that these species pose to aircraft and
human safety. JFKIA is located in a major estuary within the Atlantic
Flyway and a wide variety of migratory birds breed, winter and/or
migrate through this area. Given the unpredictable nature of these
species using JFKIA airspace, the Service has vigorously urged the PA
to implement these personnel changes needed to properly identify,
monitor and respond to new patterns of bird behavior or changing
conditions.
The Service has expended over one person-year of staff time working
with the PA to implement this program since issuance of its original
ROD. Given the Service's limited staff and wide breadth of
responsibilities for trust resources, it is an impractical and
inefficient expenditures of resources given that no further progress is
occurring.
On June 13, 1996 the PA notified the Service that an American
Airlines Airbus-300 accident earlier that day had been caused by one
laughing gull, and had resulted in damage to the turbo blades in one
engine. On June 14 and June 17 the FAA notified the Service by two
separate letters concerning the existence of a serious hazard to
aircraft at JFKIA. On June 14 the Service requested any relevant data
on bird activity from ADC and PA, as had been done in 1994 and 1995 to
support an emergency permit action. Data received by June 17 did not
suggest increased flights by laughing gulls into JFKIA airspace. Data
provided by NPS identified a complete loss of laughing gull nests on
the colony near JFKIA due to flooding. Increased flights by laughing
gulls into JFKIA airspace and increased risks to aircraft have
previously been associated with the care of nestling gulls prior to
fledging on the nearby rookery. This was not the case in 1996, where
renesting caused by flooding has delayed egg-hatching. The 1996
incident confirms the Service's concern that an expanded, full-time,
professionally-trained BCU would improve JFKIA airport safety
decisions. However, (1) since the Service intends to issue the PA a
Special Purpose Permit as soon as this Revised ROD is published in the
Federal Register, (2) in normal years increased flights of laughing
gulls into JFKIA airspace would occur at this time associated with
nestling care, and (3) the American Airlines accident has occurred; the
Service has issued the PA an emergency permit covering the June 17-30
period, which allows shooting up to 1,000 laughing gulls and up to 100
other gulls (herring, great blackbacked and ring-billed gulls in any
combination). The Service took this emergency action to address a human
safety hazard at JFKIA, but notes that improvements to the BCU
identified in the 1994 ROD, but not implemented, might have improved
the ability of the PA to address this hazard.
Service Authority
Statutory authority for the Service's actions is as follows:
Migratory birds listed in treaties with Great Britain (Canada),
Mexico, Japan, and the former Soviet Union are protected and
activities involving them are regulated in the United States by the
Migratory Bird Treaty Act. The Secretary of the Interior under 16
United States Code (USC) Sections 703-712 has responsibility for
management of those migratory birds, including the issuance of
permits to take those birds. Criteria for issuance of Special
Purpose permits is further defined by regulations found in Title 50
CFR Part 21.
Specifically, 16 U.S.C. 704 provides:
``Subject to the provisions and in order to carry out the
purposes of the conventions, the Secretary * * * is authorized and
directed from time to time, having due regard to the zones of
temperature and to the distribution, abundance, economic value,
breeding habits, and times and lines of migratory flight of such
birds, to determine, when, to what extent, if at all, and by what
means, it is compatible with the terms of the conventions to allow,
* * * taking * * * of any such bird * * * ''
[[Page 35808]]
Generally, all species of gulls are listed in the treaties and
further identified in 50 CFR 10.13, List of Migratory Birds.
Prohibited activities involving these listed migratory birds are
more clearly identified in 50 CFR 21.11 which provides: ``No person
shall take * * * any migratory bird * * * except as permitted under
the terms of a valid permit * * *.''
The regulations then provide for issuance of permits for general
standardized activities (import/export, banding and marking,
scientific collecting, taxidermy, waterfowl sale and disposal, and
falconry activities) utilizing standard form permits. They also
provide for issuance of Special Purpose permits which authorize
otherwise prohibited activities involving migratory birds, not
otherwise covered by the standard form permits, when: `` * * * an
applicant * * * submits a written application containing the general
information and certification required by part 13 [50 CFR 13] and
makes a sufficient showing of * * * compelling justification.'' (50
CFR 21.27)
These Special Purpose Permit regulations give the Service broad
authorities to address human safety issues at JFKIA. The Preferred
Alternative is compatible with all conventions and treaties and the
Service Actions identified within this Preferred Alternative are
compatible with the intent of these conventions, treaties, and
associated regulations. The compelling justification for these Service
Actions is the issue of human safety at JFKIA.
Revised Service Decision
The Service amends its original ROD to allow issuance of a Special
Purpose Permit to the PA authorizing the take of no more than 100
herring gulls, 100 great black-backed gulls, 100 ring-billed gulls, 100
laughing gulls, and 50 Canada geese or Canada goose nests each year.
This permit will also authorize during the period of June 12th through
August of each year the additional shooting of up to 8,000 laughing
gulls, 1,400 herring gulls, 200 great black-backed gulls, and 200 ring-
billed gulls when posing a threat to airplanes on JFKIA. The Service
will issue this permit for a three year period beginning in 1996.
The laughing gull nesting colony near JFKIA has not declined
significantly during the course of the shooting program. ADC concluded
in its evaluation of the 1991-95 shooting programs that the annual kill
of laughing gulls ``* * * represented about 1-6% of the estimated adult
population in nesting colonies on the Atlantic coast from Virginia to
Maine * * *''. Takes of other species under this permit represent
approximately 1% of the regional adult herring gull population and less
than 1% of the regional adult populations for great black-backed gulls,
ring-billed gulls, and Canada geese. The program, which is supported by
this Revised ROD, will likely result in takes of migratory birds of the
following magnitudes: 3,688-8,100 laughing gulls, 184-1,600 herring
gulls, 73-300 great black-backed gulls, 36-300 ring-billed gulls, and
up to 50 Canada geese or their nests. Given the high productivity of
the gull species and the number of gulls taken during the 1991-95
period, the Service believes that the environmental impact of this
Revised ROD will be the same as, or less than the impacts discussed in
the FEIS.
In April 1996 the PA presented the Service with a proposal to use
falconry to reduce the numbers of migratory birds flying through JFKIA
airspace by both killing and harassment. Unfortunately, this proposal
contains no meaningful evaluation plan, and it will be impossible to
judge whether the use of raptors to harass birds at JFKIA will reduce
the number of strikes in 1996 without such a plan. However, the Service
will incorporate conditions in the 1996 permit that would allow the
experimental use of falconry at JFKIA, provided this activity is
restricted to only PA property and monitored appropriately. Also, the
Service intends to consider future modifications of the PA permit for
the JFKIA bird hazard management program to accommodate other
experimental approaches that might result in a reduced kill of
migratory birds, while maintaining at a minimum the current level of
risk at JFKIA to bird strikes.
Having reviewed and considered the FEIS and the 1994 ROD for the
gull hazard management program at JFKIA, the Service finds as follows:
1. The requirements of NEPA and implementing regulations have been
satisfied; and
2. Consistent with social, economic, programmatic and environmental
considerations from among the reasonable alternatives thereto, the
Revised ROD is one which minimizes or avoids adverse environmental
effects to the maximum extent, practicable, including the effects
discussed in the FEIS; and,
3. Consistent with the social, economic and other essential
considerations, to the maximum extent practicable, adverse
environmental effects revealed in the EIS process will be minimized or
avoided by incorporating as conditions those mitigative measures
identified in the Preferred Alternative in the FEIS and its supporting
appendices; and,
4. The limitations on the numbers of gulls and other migratory bird
species which may be taken under this permit are compatible with the
terms of the Migratory Bird Conventions and are made with due regard to
their distribution, abundance, breeding habits, and migratory patterns;
and
5. The compelling necessity for public safety at JFKIA, which is
documented in the FEIS, is addressed by the proposed actions; and
6. The PA have made a sufficient showing of compelling
justification for these permits; and
7. All improvements to the BCU, BHTF, and JFKIA management
programs, as specified in the June 3, 1994 Federal Register with the
amendments identified above in the Service Actions section are hereby
adopted as part of this finding and will be used to guide future
migratory bird permit decisions.
Having made the above findings, the Service has decided to proceed
with implementation of the Revised Record of Decision as indicated
above.
This Revised Record of Decision will serve as the written facts and
conclusions relied on in reaching this decision. This Revised Record of
Decision was approved by the Regional Director of the Service on June
24, 1996.
Dated: June 24, 1996.
Jaime Geiger,
Acting Regional Director.
[FR Doc. 96-17128 Filed 7-5-96; 8:45 am]
BILLING CODE 4310-55-M
