Notice2024-30256
Notice of Availability of a Final Supplemental Environmental Assessment and Finding of No Significant Impact for Emergency Response for Highly Pathogenic Avian Influenza Outbreaks in the United States Migratory Bird Flyways
Primary source
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Published
December 19, 2024
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are advising the public that we have prepared a final supplemental environmental assessment (EA) and finding of no significant impact (FONSI) relative to our emergency response activities for highly pathogenic avian influenza outbreaks in commercial and backyard poultry operations located in the four migratory bird flyways in the United States. This final supplemental EA supplements the initial EA and FONSI we published in September 2022, which evaluated the environmental impacts associated with the first seven States where highly pathogenic avian influenza outbreaks occurred. Based on our FONSI, we have determined that an environmental impact statement need not be prepared for the proposed action as described in this final supplemental EA.
Full Text
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<title>Federal Register, Volume 89 Issue 244 (Thursday, December 19, 2024)</title>
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[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103769-103770]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30256]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2022-0031]
Notice of Availability of a Final Supplemental Environmental
Assessment and Finding of No Significant Impact for Emergency Response
for Highly Pathogenic Avian Influenza Outbreaks in the United States
Migratory Bird Flyways
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of availability.
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SUMMARY: We are advising the public that we have prepared a final
supplemental environmental assessment (EA) and finding of no
significant impact (FONSI) relative to our emergency response
activities for highly pathogenic avian influenza outbreaks in
commercial and backyard poultry operations located in the four
migratory bird flyways in the United States. This final supplemental EA
supplements the initial EA and FONSI we published in September 2022,
which evaluated the environmental impacts associated with the first
seven States where highly pathogenic avian influenza outbreaks
occurred. Based on our FONSI, we have determined that an environmental
impact statement need not be prepared for the proposed action as
described in this final supplemental EA.
FOR FURTHER INFORMATION CONTACT: Ms. Chelsea Bare, Chief of Staff,
Veterinary Services, APHIS, U.S. Department of Agriculture, 1400
Independence Avenue SW, Whitten Building Room 318-E, Washington, DC
20250; (515) 337-6128; <a href="/cdn-cgi/l/email-protection#16757e737a657377387c3874776473566365727738717960"><span class="__cf_email__" data-cfemail="3f5c575a534c5a5e1155115d5e4d5a7f4a4c5b5e11585049">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The United States Department of Agriculture (USDA), Animal and
Plant Health Inspection Service (APHIS), Veterinary Services (VS), has
been delegated the authority under the Animal Health Protection Act (7
U.S.C. 8301-8322) to protect the health of livestock, poultry, and
aquaculture populations in the United States by preventing the
introduction and interstate spread of serious diseases and pests of
livestock, poultry, and aquaculture, and eradicating such diseases
within the United States when feasible. Highly pathogenic avian
influenza (HPAI) is an extremely infectious disease and often fatal to
poultry.\1\ Avian influenza (AI) viruses may circulate freely in wild
bird populations without the birds appearing sick. As these birds
migrate, they carry HPAI and other AI viruses with them and may
subsequently transmit AI to domestic birds. HPAI can rapidly spread
within and between domestic poultry flocks and wild bird (especially
waterfowl) populations. It is APHIS' objective to stamp out HPAI as
rapidly as possible at locations where it has been found. Preventing
the entry of diseased birds and eggs into the United States, monitoring
AI in migratory birds, identifying AI strains occurring primarily in
migratory waterbird species, as well as backyard and commercial poultry
flocks, and stamping out HPAI as it arises in domestic poultry is
important for the long-term maintenance of disease-free United States
poultry stocks.
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\1\ Domestic poultry that can be affected include chickens;
turkeys; ring-necked pheasants; ducks; geese; common, Japanese, or
bobwhite quail; Indian peafowl; chukar or grey partridge; pigeons;
ostrich; and guinea fowl.
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In response to outbreaks of the HPAI H5N1 (AI strain) virus subtype
in commercial and backyard poultry flocks that began on February 8,
2022, we published a draft environmental assessment (EA) and draft
finding of no significant impact (FONSI) in April 2022 to allow VS to
carry out emergency response activities in seven States (Indiana,
Kentucky, Virginia, New York, Maine, Delaware, and Michigan). A final
EA titled ``Emergency Response for HPAI Outbreaks in Seven States'' and
final FONSI were published in September 2022.\2\
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\2\ To view the draft EA, draft FONSI, the comments we received,
the final EA, and the final FONSI, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and
enter APHIS-2022-0031 in the Search field.
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Since the preparation and publication of the final EA and FONSI for
the initial seven States, HPAI outbreaks have continued to occur across
the United States. As of November 21, 2024, the virus was confirmed in
538 commercial, 661 backyard, and 32 other types (e.g., live bird
markets, rehabilitation facilities) of flocks, affecting approximately
110 million birds in 49 States.\3\ As HPAI outbreaks have been stamped
out, new outbreaks emerge and are likely to continue with seasonal
(i.e., spring and fall) bird migrations. For this reason, we prepared a
supplemental EA titled ``Emergency Response for Highly Pathogenic Avian
Influenza Outbreaks in the United States Migratory Bird Flyways'' to
cover HPAI emergency response activities in other impacted States in
the four North American migratory bird flyways (i.e., the Atlantic,
Mississippi, Central, and Pacific Flyways).
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\3\ Current HPAI outbreak data can be accessed at APHIS' website
at <a href="https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/avian/avian-influenza/2022-hpai">https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/avian/avian-influenza/2022-hpai</a> (last visited
November 21, 2024).
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On August 24, 2023, we published in the Federal Register (88 FR
57923-57924, Docket No. APHIS-2022-0031) a notice in which we announced
the availability, for public review and comment, of a draft
supplemental EA and draft FONSI that examined the potential
environmental impacts associated with HPAI response activities for
additional outbreaks in commercial and backyard poultry operations in
other impacted States in the four North American migratory bird
flyways.\4\
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\4\ To view the draft supplemental EA, draft FONSI, and the
comment we received, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter APHIS-2022-
0031 in the Search field.
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We solicited comments on the draft supplemental EA and FONSI for 30
days
[[Page 103770]]
ending September 25, 2023. We received one comment on the draft
supplemental EA by that date. Besides commenting on specific outbreak
information not included in the draft supplemental EA and the
timeliness of publication, the commenter raised several concerns
regarding the draft supplemental EA. These concerns included whether
APHIS appropriately consulted with other Federal agencies as required
by the Endangered Species Act; that APHIS has not considered the
significant effects that outbreak response actions will cause to the
natural environment, nearby communities, wildlife and ecological
resources, particularly threatened and endangered wildlife populations;
and that reasonable alternatives were not considered, especially
restricting certain disposal options that the commenter felt would
limit the potential exposure of threatened and endangered species to
HPAI-infected domestic poultry.
We reviewed and considered the concerns raised by the commenter. We
have both revised the draft supplemental EA where appropriate and
provided responses to concerns expressed. Our full responses can be
found in Appendix E of the final supplemental EA.
We are also advising the public of our final FONSI regarding the
final supplemental EA for our emergency response activities for HPAI in
the United States migratory bird flyways. The FONSI, which is based on
the final supplemental EA, reflects our determination that the methods
used as part of HPAI emergency outbreak response activities will not
have a significant impact on the quality of the human environment.
The final supplemental EA and FONSI may be viewed on the
<a href="http://Regulations.gov">Regulations.gov</a> website (see footnote 4). Copies of the final
supplemental EA and FONSI are also available for public inspection in
our reading room located in Room 1620 of the USDA South Building, 14th
Street and Independence Avenue SW, Washington, DC 20250. Normal reading
room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except
holidays. To be sure someone is there to help you, please call (202)
799-7039 before coming. In addition, copies may be obtained by calling
or writing to the individual listed under FOR FURTHER INFORMATION
CONTACT.
The final supplemental EA and FONSI were prepared in accordance
with: (1) the National Environmental Policy Act (NEPA) of 1969, as
amended (42 U.S.C. 4321 et seq.), (2) the Council on Environmental
Quality's NEPA Implementing Regulations (40 CFR parts 1500 through
1508) in effect prior to July 1, 2024, (3) USDA's NEPA-implementing
regulations (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
Done in Washington, DC, this 3rd day of December 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-30256 Filed 12-18-24; 8:45 am]
BILLING CODE 3410-34-P
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