[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