Revised Record of Decision on Gull Hazard Reduction Program for John F. Kennedy International Airport

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

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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

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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

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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 * * * ''

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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