[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15634]


[Federal Register: June 28, 1994]


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DEPARTMENT OF AGRICULTURE
[Docket No. 92-181-4]


Gull Hazard Reduction Program, John F. Kennedy Intentional 
Airport: Record of Decision Based on the Final Environmental Impact 
Statement

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: This notice advises the public of the Animal and Plant Heath 
Inspection Service's record of decision for the Gull Hazard Reduction 
Program at John F. Kennedy International Airport. The decision is based 
on the final environmental impact statement for the programs.

ADDRESSES: Copies of the final environmental impact statement on which 
the record of decision is based are available for review between 8 a.m. 
and 4:30 p.m., Monday through Friday, except holidays, at the following 
locations:

APHIS Reading Room, room 1141, South Building, 14th Street and 
Independence Avenue SW., Washington, DC; and,
USDA--APHIS--ADC, State Director, 140-C Locust Grove Road, Pittstown, 
NJ.

    Interested persons may obtain a copy of the final environmental 
impact statement by writing to Ms. Janet Bucknall at the address listed 
below under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Ms. Janet Bucknall, State Director, 
Animal Damage Control, APHIS, USDA, RD#1, 140-C Locust Grove Road, 
Pittstown, NJ 08867-9529, (908) 735-5654.

SUPPLEMENTARY INFORMATION: On February 11, 1994, the Animal and Plant 
Health Inspection Service (APHIS), published in the Federal Register 
(59 FR 6612, Docket No. 92-181-3) a notice advising the public that 
APHIS, in cooperation with the National Park Service and the Fish and 
Wildlife Service (USFWS), U.S. Department of Interior, and the New York 
State Department of Environmental Conservation (DEC), has prepared a 
draft environmental impact statement (EIS) for the Gull Hazard 
Reduction Program at John F. Kennedy International Airport (JFKIA). All 
comments received on the draft EIS were considered in the final EIS.
    On May 6, 1994, the Environmental Protection Agency (EPA) published 
in the Federal Register (59 FR 13714-23715, Docket No. ER-FRL-4710-9) a 
notice advising the public of the availability of a final EIS for the 
Gull Hazard Reduction Program at JFKIA. The final EIS describes and 
analyzes all reasonable alternatives, including the preferred 
alternative for an integrated management program (IMP), for gull hazard 
control at JFIA.
    Under section 1506.10(d) of the Council on Environmental Quality 
(CEQ) Regulations for Implementing the Procedural Provisions of the 
National Environmental Policy Act (NEPA), a 16-day waiver has been 
granted by EPA of the 30-day waiting period for recording the decision 
on the program.
    This notice contains the agency's record of decision, based on the 
final EIS, for the Gull Hazard Reduction Program and JFKIA. This record 
of decision has been prepared in accordance with: (1) NEPA (42 U.S.C. 
4321 et seq.), (2) Regulations of the CEQ for Implementing the 
Procedural Provisions of NEPA (40 CFR parts 1500-1508), (3) USDA 
Regulations Implementing NEPA (7 CFR part 1b), and (4) APHIS Guidelines 
Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 51272-
51274, August 31, 1979).

    Done in Washington, DC, this 22nd day of June 1994.
Alex B. Thiermann,
Acting Administrator, Animal and Plant Health Inspection Service .
    The agency record of decision is set forth below.

Record of Decision for United States Department of Agriculture (USDA), 
Animal and Plant Health Inspection Service (APHIS), Animal Damage 
Control (ADC), Gull Hazard Reduction Program, John F. Kennedy 
International Airport; Final Environmental Impact Statement, 
Introduction

    This decision concludes a complex evaluation process that explores 
alternatives which reduce or eliminate the hazard to aviation and human 
safety at John F. Kennedy International Airport (JFKIA) posed by the 
presence and activities of gulls, especially laughing gulls. The EIS 
identifies the severity and nature of the hazards created by gull-
aircraft collisions at JFKIA. Until approximately the mid-1980s the 
hazards posed by gulls could, for the most part, be effectively 
controlled by conventional bird management activities on JFKIA: insect, 
water, vegetation, and sanitation management programs, and conduct of 
the Port Authority's bird Control Unit (BCU). Throughout the late 
1980s, the hazard to aviation grew as the presence of laughing gulls 
increased substantially concurrent with the growth of the laughing gull 
nesting colony in Jamaica Bay. In 1991, an experimental on-airport 
shooting program was initiated to augment the conventional control 
methods already in place at JFKIA. The shooting program was also 
conducted in 1992 and 1993.
    Although an annual shooting program is quite effective in reducing 
gull-aircraft strikes, especially when it is conducted in combination 
with on-airport non-lethal approaches, its desirability as a long-term 
solution may be limited due to the large number of gulls killed. 
Accordingly, the EIS process was commenced in 1992 for the purpose of 
exploring alternatives to dealing effectively with the gull hazard 
situation at JFKIA in a way that takes into account all interests.
    The Council on Environmental Quality's (CEQ) regulations 
implementing the National Environmental Policy Act (NEPA) tell the 
decision maker what information must be included in records of 
decision. Section 1505.2 of the CEQ Regulations provides that records 
of decision contain:

--A statement of the decision;
--The identification of all alternatives considered by the agency, 
including the environmentally preferable alternative(s);
--A discussion of all factors--economic, technical, and mission-related 
as well as considerations of national policy balanced in the decision 
making process and how each factor weighs in the decision; and
--An explanation of whether the decision is designed to avoid or 
minimize environmental harm and, if not, why not.

Alternatives Considered

    The EIS explores a wide variety of alternative approaches, that 
would occur both on JFK and off JFK property, including: the No Action 
alternative, On-Airport Shooting, the Port Authority of New York and 
New Jersey's (Port Authority) On-Airport Program, and other 
alternatives that are either lethal or nonlethal. The Integrated 
Management Program (IMP) includes the following components:

1. Continued Development of JFK's On-Airport Program
2. Reduction of Off-Airport Attractants
3. On-Airport Shooting of Gulls
4. Laughing Gull Nest/Egg Destruction in Jamaica Bay
5. On-Colony Shooting of Adult Laughing Gulls
6. Display of Gull Models to Harass Gulls

    A total of 29 separate alternative methods are described and 
analyzed. Alternatives include those that would occur on JFK, on the 
Gateway National Recreation Area (GNRA), and at other off-airport 
sites. Both lethal and nonlethal methods of gull hazard control are 
contained in those alternatives. Major categories of alternatives are 
as follows: nesting habitat modifications, discouraging use of the 
nesting colony site through harassment, reduction of off-airport 
attractants, expansion of JFKIA's on-airport bird control program, 
airport operational strategies, aircraft engineering, laughing gull 
population reduction, and on-airport gull shooting and harassment.

Roles and Responsibilities

    Decisions regarding the selection and conduct of alternatives are 
complicated by the fact that the cooperating Federal and New York State 
agencies have very different roles and responsibilities. In the past, 
APHIS, the Federal lead agency, has provided services (gull hazard 
control) to the Port Authority upon their request. APHIS' jurisdiction 
(and its choice among alternatives) is limited to deciding what 
wildlife control activities, if any, it should conduct when requested 
to assist public and private entities. On-airport gull control 
activities would be done at the request of the Port Authority of New 
York and New Jersey. The on-airport gull shooting program, a component 
of the IMP, would require the acquisition of permits from the USFWS and 
the DEC. The reduction of off-airport attractants would require the 
approval of the entities controlling those sites. On-colony activities 
would require the approval of NPS. The EIS considers all feasible 
alternatives, and among those alternatives, indicates which are the 
environmentally preferable alternatives. However, ADC does not alone 
have the jurisdiction to select or implement any of those alternatives.
    The USFWS has permitting authorities regarding the taking of 
Federally-protected migratory birds, and identifies conditions under 
which permits may be issued. The USFWS would evaluate permit 
applications for the following components of the IMP: on-airport 
shooting of gulls, on-colony shooting of adult laughing gulls, and 
laughing gull egg/nest destruction. The USFWS may identify conditions 
under which permits are issued.
    The National Park Service (NPS) is responsible for managing GNRA 
pursuant to applicable laws, policies, and regulations. The NPS has 
decision-making authority regarding conduct of IMP components that 
would occur on NPS lands in Jamaica Bay. Those components of the IMP 
that would require authorizations from the NPS are: laughing gull nest/
egg destruction, on-colony shooting of adult laughing gulls, and 
display of gull models to harass gulls.
    The DEC has permitting authority for the taking of migratory birds 
pursuant to New York State law. The DEC has decision-making authority 
regarding permitting of IMP components that would include taking of 
gulls: on-airport shooting of gulls, laughing gulls nest/egg 
destruction, and on-colony shooting of adult laughing gulls.
    The United States Department of the Interior's (USDI) recent 
statement of policy (Section 6.4.2 of the EIS) declares that IMP 
components 1-3 must first be conducted and proven ineffective before 
the USDI would initiate any components that would be conducted on NPS 
property and directed at relocating the Jamaica Bay laughing gull 
nesting colony away from its present location. Past experience with 
component 1-3 activities between 1991-93 indicates that these three 
components are effective in reducing bird-strikes at JFKIA.

Decision

    The circumstances identified above require that the APHIS decision 
be bifurcated.\1\ I will treat actions that must be taken in the near 
term separately from those that would be taken in the longer term.
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    \1\Based on past experience, ADC determined that gulls are 
likely to create an extreme hazard to aviation before the close of 
the required 30-day period between issuance of the Notice of 
Availability of the Final Environmental Impact Statement (EIS) and 
the decision. Thus, ADC requested a 16-day waiver of that time 
period (Appendix 1) from the U.S. Environmental Protection Agency 
(EPA). EPA granted the waiver in a letter dated April 29, 1994 
(Appendix 2).
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    Based upon the analysis contained in the environmental impact 
statement, I have determined that an integrated gull hazard control 
program at JFKIA is clearly superior. I have decided, in the context of 
the relationship between ADC and the Port Authority, that when ADC 
personnel determine, with the concurrence of the FAA and the Port 
Authority, that the number of gulls entering JFKIA airspace has reached 
an unacceptable level, ADC will begin an on-airport gull shooting 
program as described in Chapter 3 of the EIS, once the requisite 
Federal and New York State permits are issued to ADC. ADC will work 
with the Port Authority among others to enhance JFKIA's on-airport bird 
control program, improve the functioning of the Bird Hazard Task Force 
(BHTF), and reduce off-airport attractants. These non-lethal components 
will contribute to the reduction of gull mortality over the long term, 
but will not be as effective in achieving that objective as would be 
the relocation of the Jamaica Bay laughing gull nesting colony through 
conduct of IMP components 4-6. ADC believes such relocation is feasible 
and would be in the best interest of air travelers and the laughing 
gull population.
    Short-Term: I have determined that the IMP represents the best 
available means of addressing the expected immediate need to reduce the 
potential for large numbers of gull-aircraft collisions at JFKIA in 
1994. When ADC personnel determine, with the concurrence of the FAA and 
the Port Authority, that the number of gulls entering JFKIA airspace 
has reached an unacceptable level, ADC will begin an on-airport gull 
shooting program as described in Chapter 3 of the EIS, once the 
requisite Federal and New York State permits are issued to ADC. 
Whenever possible, ADC will continue to assist the Port Authority in 
implementing and improving the nonlethal components of the IMP, 
including the conduct and enhancement of: On-airport vegetation, water, 
insect, and sanitation management programs, improved operational 
functioning of the Port Authority BCU and the BHTF, and, wherever 
possible, the identification and reduction of off-airport bird 
attractants. Conduct of these activities will minimize the number of 
gulls taken in the on-airport shooting program.
    The overriding factor that weighed in making this decision is human 
safety. Other considerations, including the minimization of adverse 
environmental impacts have been factored into this short-term decision 
to the fullest extent possible. Although I would have preferred a 
decision that included immediate efforts to relocate the laughing gull 
colony, the current circumstances do not favor those alternatives. 
Based upon past experience, the timing and nature of the gull-aircraft 
strike hazard will likely dictate that management action will be 
immediately necessary to protect human safety; other alternatives could 
not be fully implemented and still address this immediate need.
    Long-Term: APHIS ADC supports the implementation of the six 
components of the IMP, with the long-term objective of relocating the 
laughing gull colony away from its present location. For the long term, 
reducing the potential for gull-aircraft collisions at JFKIA should be 
achieved through the IMP, with emphasis on non-lethal alternatives and 
on those alternatives that would accomplish relocation of the Jamaica 
Bay laughing gull colony away from its present location. Conduct of the 
6-component IMP provides a more complete opportunity to strike a 
balance between human safety and other public policies. The EIS 
adequately analyzes all alternatives, including those which APHIS and 
the State and Federal cooperating agencies would authorize. Although 
APHIS cannot authorize or pursue the alternatives that would occur on 
NPS property, it should be emphasized that the important factors of 
human safety and protection of wildlife can be achieved only through 
implementation of all components of the IMP.
    The nature and extent of APHIS' role in JFKIA's Gull Hazard 
Reduction Program will be examined annually by APHIS ADC, which will 
report its findings to me and make them available to the public. The 
Port Authority's efforts to conduct non-lethal gull control methods and 
USDI's progress towards the conduct of the components that would occur 
on NPS property will be among the most important factors APHIS will 
consider. To reiterate, the environmentally preferred long term 
approach is the relocation of the laughing gull colony away from its 
present location at the end of the runway, in order to reduce the long 
term mortality of gulls, and so substantially reduce the potential for 
gull-aircraft collisions at JFKIA.

Minimizing Environmental Harm

    The primary adverse environmental impact of the gull hazard 
reduction program is the mortality of gulls. The continued development 
and conduct of the Port Authority's on-airport program that emphasizes 
non-lethal bird hazard control approaches, will contribute to the 
reduction of gull mortality. Conduct of the three IMP components that 
would occur on NPS property would reduce the need to conduct on-airport 
shooting programs, and would reduce over the long-term the mortality 
rate of gulls. The Port Authority and the USDI are encouraged to 
conduct these activities in order to reduce gull mortality in the short 
and long terms.
    Chapter 7 of the FEIS identifies mitigation and monitoring 
strategies to be conducted to minimize the adverse impacts of 
alternatives. All APHIS-conducted gull hazard control activities will 
be conducted in such a manner that minimizes adverse environmental 
impacts and seeks to maximize human and aircraft safety at JFK. During 
the course of the shooting program, APHIS ADC will monitor the 
situation at the airport, including mitigation strategies, and report 
periodically (at least bi-weekly) to me. All such reports will be 
available to the public.

    Dated May 25, 1994.
Lonnie King,
Acting Administrator, USDA, APHIS.

April 19, 1994.
Richard E. Sanderson,
Director, Office of Federal Activities, U.S. Environmental 
Protection Agency, 401 M Street, SW. (A-104), Washington, DC 20460.

Re: JFKIA Gull Hazard Reduction Program EIS Process

    Dear Mr. Sanderson: This is to advise that anticipated public 
safety considerations require that we seek a reduction in the 30-day 
period (between notification of availability of the final 
environmental impact statement and issuance of records of decision) 
required by 40 CFR 1506.10(b) in the above-referenced matter. The 
45-day comment period on the draft environmental impact statement 
closed on March 28, 1994. We now anticipate that the notice of 
availability of the final environmental impact statement will be 
published in the May 6th issue of the Federal Register. It appears, 
however, that decisions may have to be made before June 5, 1994, the 
earliest a decision could be issued consistent with the provisions 
of 40 CFR 1506.10(b)(2).
    The environmental impact statement--the process for which has to 
date fully involved the public and included an on-site ``public 
information meeting''--explores alternatives to reduce the gull 
hazard to aircraft at John F. Kennedy International Airport. During 
each of the past three years beginning in mid-May the potential for 
gull-aircraft interactions has tended to increase dramatically. We 
reasonably expect that the potential for gull-aircraft interactions 
will reach an unacceptable level before June 5, 1994. Thus, a 
reduction of the required 30-day period between notification of 
availability of the final environmental impact statement and 
issuance of the records of decision by the Animal and Plant Health 
Inspection Service, lead agency in the EIS process, and the United 
States Fish and Wildlife Service, a cooperating agency in the EIS 
process, is hereby requested.
    If additional information is needed or you have questions 
concerning this matter, please call me at (301) 436-8565. Thank you 
for your consideration of this request.

      Sincerely,
Carl Bausch,
Deputy Director, Environmental Analysis and Documentation.
April 25, 1994.
Richard E. Sanderson,
Director, Office of Federal Activities, U.S. Environmental 
Protection Agency, 401 M Street, SW (A-104), Washington, DC 20460.

Re: JFKIA Gull Hazard Reduction Program EIS Process

    Dear Mr. Sanderson: This amends my letter of April 19, 1994 in 
the above-referenced matter for the purpose of seeking a specific 
waiver period. The facts and circumstances as described in my 
previous letter have not changed. In fairness to the public, 
however, a fixed date by which a decision is to be made should be 
provided. Accordingly, a 16-day waiver of the 30-day period 
prescribed in 40 CFR Sec. 1506.10(b)--allowing a decision to be made 
on May 20, 1994--is hereby requested. We still anticipate that the 
notice of availability of the final environmental impact statement 
will be published in the May 6th issue of the Federal Register.
    If you have questions concerning this amendment or if additional 
information is needed, please contact me directly. Thank you for 
your cooperation in this matter.

Sincerely,
Carl Bausch,
Deputy Director, Environmental Analysis and Documentation.

April 29, 1994.
Carl Bausch,
Deputy Director, Environmental Analysis and Documentation, Animal 
and Plant Health Inspection Service, U.S. Department of Agriculture, 
Federal Building, Room 842, 6505 Belcrest Road, Hyattsville, 
Maryland 20782.

    Dear Mr. Bausch: I have received and reviewed your request dated 
April 19, 1994 and the amendment dated April 25, 1994, asking for a 
16-day waiver of the review period for the Final Environmental 
Impact Statement (FEIS) Gull Hazard Reduction Program, John F. 
Kennedy International Airport, Queens County, New York. The request 
has been carefully reviewed pursuant to Section 1506.10(d) of the 
Council on Environmental Quality (CEQ) regulations implementing the 
National Environmental Policy Act.
    Based on my review of the request, I find reasons of compelling 
national policy have been substantiated. Therefore a 16-day waiver 
has been approved for the above mentioned FEIS.
    As required by Sec. 1506.10(d), CEQ will be notified of your 
request and my subsequent approval. You will be provided with a copy 
of the notice once it appears in the Federal Register. Should you 
have any questions, please contact me or have a member of your staff 
contact Marilyn Henderson of my office at (202) 260-5075.

      Sincerely,
Richard E. Sanderson,
Director, Office of Federal Activities.
[FR Doc. 94-15634 Filed 6-27-94; 8:45 am]
BILLING CODE 3410-34-M