ADDRESSING MIGRATORY BIRDS

IN NEPA DOCUMENTS

Joe Hautzenroder

Environmental Planning & Conservation

• The Rule relies on the Armed Forces utilizing the NEPA process to determine whether any ongoing or proposed military readiness activity is likely to result in a significant adverse effect on the population of a migratory bird species.

• If the Armed Forces identify a significant adverse effect on migratory birds during the preparation of a NEPA analysis, this Rule requires the Armed Forces to confer and cooperate with the Service to develop and implement appropriate “conservation measures” to minimize or mitigate any such significant adverse effects.

ADDRESSING

MIGRATORY BIRDS IN

NEPA DOCUMENTS

RARE OCCURANCE

RARE OCCURANCE

ADDRESSING

MIGRATORY BIRDS IN

NEPA DOCUMENTS

…..“we anticipate that this threshold of

potential effects on a population has a low

probability of occurring.”

FWS QUOTE

Farallon de Medinilla

“Excuse me sir, do

you have a permit for

that bomb?”

Eagle River

Flats

Ft.

Richardson

Alaska

ADDRESSING

MIGRATORY BIRDS IN

NEPA DOCUMENTS

1. Utilize the best scientific data available to determine what species of migratory birds

occur on an installation. Special consideration will be given to priority habitats,

such as important nesting areas, migration stopover areas, and wintering habitats.

2. DOD may invite the Service to participate in the preparation of the NEPA analysis to

determine if a proposed action is likely to result in a significant adverse effect on

the population of a migratory bird species.

1. If it is determined that the proposed action may have a significant adverse effect

on migratory birds the Armed Forces will confer and cooperate with the Service to

develop and implement appropriate conservation measures to minimize or mitigate

any such significant adverse effects.

2. In the event that “conservation measures” are required to minimize or mitigate

adverse effects of the proposed action, the Armed Forces will retain records of any

monitoring data for five years from the date the Armed Forces commence their

action.

3. Monitoring activities will be in accordance with methodology and protocols detailed

in the DOD Coordinated Bird Monitoring Guidelines or as recommended by the local

FWS field office and/or Migratory Bird Management Office.

STEPS FOR ADDRESSING MIGRATORY BIRDS IN NEPA DOCUMENTS

99.99% of our

Migratory Bird

Analyses

should end

here.

Only in a very

rare case

should we

have to

implement

these steps.

ADDRESSING

MIGRATORY BIRDS IN

NEPA DOCUMENTS

The Armed Forces will use the best scientific data available to assess,

through the NEPA process or other environmental requirements, the

expected impact of proposed or ongoing military readiness activities

on migratory bird species likely to occur in action areas. Special

consideration will be given to priority habitats, such as important

nesting areas, migration stopover areas, and wintering habitats.

ADDRESSING

MIGRATORY BIRDS IN

NEPA DOCUMENTS

T&E

Game Birds

Species of Concern Database

Click

Here

ADDRESSING

MIGRATORY BIRDS IN

NEPA DOCUMENTS

• Breeding Distribution score

• Non-breeding Distribution score

• Percent of species' global breeding population in each Bird Conservation Region

• Percent of species’ global breeding population in the U.S. and Canada

• Population Trend score

• Relative Density score

• Threats to Breeding score

• Threats to Non-breeding score

This information can be used to

objectively determine each

species biological vulnerability

and regional status.

Bird Conservation Plans are

Everywhere

State Conservation Plans PIF Bird Conservation Plans Agency Bird

Conservation Plans

ADDRESSING MIGRATORY

BIRDS IN NEPA

DOCUMENTS

So, we have the basic data we need and an understanding by

the FWS that it will be a very rare occurrence that triggers

consultation with them.

What we need now is a template or model to guide the

development of the migratory bird analysis section of the

EA/EIS.

ADDRESSING

MIGRATORY BIRDS IN

NEPA DOCUMENTS

„„Conservation measures‟‟ are project designs or

mitigation activities that are technically and economically

reasonable, and minimize the take of migratory birds and

adverse impacts while allowing for completion of an action

in a timely manner.

Conservation measures might include limiting the type and

quantity of ordnance; limiting target areas and activities to

places and times that protect key nesting areas for

migratory birds; implementing fire suppression programs

or measures where wildfire can potentially damage nesting

habitat; conducting environmental monitoring;

implementing mitigation measures such as predator

removal, on the site or nearby; and monitoring of birds.