Notice2025-06621
Notice of Availability of Final Programmatic Environmental Impact Statement for Outbreak Response Activities for Highly Pathogenic Avian Influenza Outbreaks in Poultry in the United States and U.S. Territories
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 18, 2025
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are advising the public that a final programmatic environmental impact statement (EIS) has been prepared by the Animal and Plant Health Inspection Service relative to our response activities to highly pathogenic avian influenza outbreaks in commercial and backyard poultry operations located throughout the United States. The final EIS analyses and compares the potential environmental effects of using three action alternatives during an HPAI outbreak. We are making this final programmatic EIS available to the public for review.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 74 (Friday, April 18, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 74 (Friday, April 18, 2025)]
[Notices]
[Pages 16493-16495]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06621]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2022-0055]
Notice of Availability of Final Programmatic Environmental Impact
Statement for Outbreak Response Activities for Highly Pathogenic Avian
Influenza Outbreaks in Poultry in the United States and U.S.
Territories
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We are advising the public that a final programmatic
environmental impact statement (EIS) has been prepared by the Animal
and Plant Health Inspection Service relative to our response activities
to highly pathogenic avian influenza outbreaks in commercial and
backyard poultry operations located throughout the United States. The
final EIS analyses and compares the potential environmental effects of
using three action alternatives during an HPAI outbreak. We are making
this final programmatic EIS available to the public for review.
DATES: There will be a 30-day review period to May 19, 2025, after
which time the agency will issue a Record of Decision (ROD).
ADDRESSES: The final EIS is available for review at:
<bullet> The Federal eRulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Enter APHIS-2022-0055 in the Search field.
<bullet> 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.
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; <a href="/cdn-cgi/l/email-protection#b0d3d8d5dcc3d5d19eda9ed2d1c2d5f0c5c3d4d19ed7dfc6"><span class="__cf_email__" data-cfemail="27444f424b544246094d0945465542675254434609404851">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Secretary of Agriculture is authorized
to protect the health of livestock, including poultry, in the United
States by preventing the introduction and interstate spread of serious
diseases and pests of livestock, and for eradicating such diseases
within the United States when feasible (7 U.S.C. 8301-8322). This
authority has been delegated to the United States Department of
Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS),
Veterinary Services (VS).
Highly pathogenic avian influenza (HPAI) is one such serious
disease of livestock. In February of 2004, the first outbreak of HPAI
in the United States in 20 years occurred in Texas. Since then, HPAI
outbreaks in poultry have continued to occur across the United States
and impact commercial poultry facilities and backyard flocks.
USDA APHIS VS works closely with States, Tribes, and the poultry
industry to prevent HPAI from becoming established in the U.S. poultry
population. Once established, HPAI rapidly spreads within and between
flocks and can cause severe, painful conditions, including hemorrhaging
and neurologic conditions, widespread organ failure, and high
mortality. Keeping our nation's poultry operations free from HPAI helps
protect the poultry industry, farmers' livelihoods, the availability of
poultry and poultry products for U.S. consumers, international trade,
the health of wild birds, and the health of people who are in close,
regular contact with poultry. While HPAI is extremely infectious and
fatal in poultry, the risks from HPAI infections to humans are low.
USDA APHIS VS has prepared a programmatic environmental impact
statement (EIS) to analyze the potential environmental impacts
associated with action alternatives that could be taken during an HPAI
outbreak in poultry in the United States. The chosen alternative must
(1) detect, control, and contain HPAI in poultry as quickly as
possible; (2) eradicate the HPAI virus using strategies that protect
public health and the environment, and stabilize animal agriculture,
the food supply, and the economy; and (3) provide science- and risk-
based approaches and systems to facilitate continuity of business for
non-infected animals and non-contaminated animal products. The findings
of the programmatic EIS will be used to support HPAI outbreak response
activity planning and decision-making and enhance the decisionmakers'
ability to protect the environment and human health when an HPAI
outbreak occurs. USDA APHIS VS may use information presented in this
EIS to promptly fulfill its National Environmental Policy Act (NEPA)
obligations and any future, relevant site-specific NEPA documents may
tier to it. The EIS also informs the public about the potential
environmental effects of HPAI outbreak response activities.
The final programmatic EIS presents the purpose and need for the
action, a description of the affected environment, and an analysis of
potential environmental impacts of three alternative actions: (1) No
Federal Operational Assistance Alternative; (2) Federal Operational
Assistance (No Action) Alternative; and (3) Federal Operational
Assistance with Biosecurity Incentive Alternative (Preferred
Alternative).
Under the No Federal Operational Assistance Alternative, State and
local authorities, Tribes, and poultry owners and producers would be
responsible for depopulating HPAI-infected flocks, disposing of
carcasses and other potentially HPAI-contaminated materials, and
managing any necessary transportation, cleanup and disinfection. USDA
APHIS VS would not be involved in managing, overseeing, and/or actively
implementing any of these operational activities. State authorities,
Tribes, and poultry owners and producers would make all the decisions
regarding the depopulation and carcass disposal methods chosen for
implementation. Upon request from the States, Tribes, or poultry owners
and producers, USDA APHIS VS would provide technical guidance (e.g.,
recommendations, issuance of guidance documents) about surveillance
testing to owners and producers of commercial and backyard flocks that
are not experiencing signs of clinical illness to determine if
infections of the virus have occurred. USDA APHIS VS may provide
indemnity and/or financial compensation.
Under the Federal Operational Assistance Alternative, USDA APHIS VS
would conduct all activities as described under the No Federal
Operational Assistance Alternative. In addition, upon request from
State, local, or Tribal authorities, USDA APHIS VS would provide
operational assistance through managing, overseeing, and/or actively
participating in depopulation, carcass disposal, and transportation.
Cleaning and disinfection would be the responsibility of States,
Tribes, and poultry owners and producers, as USDA
[[Page 16494]]
APHIS VS does not perform these activities. USDA APHIS VS would also
provide tools upon request, such as machinery and contracted operators,
for depopulation and disposal activities. The level of assistance USDA
APHIS VS would provide will depend on the needs of the impacted State
or Tribe.
Under the Federal Operational Assistance with Biosecurity Incentive
Alternative (Preferred Alternative), USDA APHIS VS would provide all
the same support and assistance described under the Federal Operational
Assistance Alternative. In addition, USDA APHIS VS would condition a
poultry producer's eligibility for indemnity and/or compensation on
that producer's ability to demonstrate compliance with their existing
site-specific written biosecurity plan. USDA APHIS VS would require
producers to pass one type of biosecurity audit for premises that were
previously HPAI-infected that intend to restock and wish to be eligible
to receive subsequent payments of indemnity for the restocked poultry
during an outbreak. USDA APHIS VS would require producers to pass
another type of biosecurity audit for premises located in the buffer
zone of a control area prior to movement of poultry onto the premises
if the premises wishes to be eligible for indemnity for poultry that
have been moved onto the premises in the event of an outbreak. The
buffer zone, which undergoes periodic surveillance, is an uninfected
area typically extending 3 to 10 kilometers (1.9 to 6.2 miles) around
an affected premises. If poultry owners or producers do not pass the
required biosecurity audit and choose to restock a previously infected
premises or move poultry onto a premises in a buffer zone, they would
not receive indemnity and/or compensation if the premises became
infected or reinfected with HPAI. Additionally, USDA APHIS VS would not
pay indemnity for flocks moved onto premises in active infected zones
if the flocks become infected with HPAI within 14 days following the
end of the control area around an infected premises. A producer who
does not make corrections recommended in APHIS' biosecurity audit will
not be eligible for indemnity payments if the premises experiences
future infections within the same outbreak.
The potential environmental impacts on the following resources are
considered in the final EIS: Soil, air, and water quality; vegetation
health; humans (including effects on health and safety, the economy,
socioeconomic considerations, cultural and historic resources,
children's health, and Tribes); wildlife health, and other wildlife
considerations including birds of conservation concern, eagles, and
threatened and endangered species. The final EIS also considers the
impacts of HPAI outbreak response activities on climate change, the
impacts of climate change on HPAI outbreak response activities, and the
cumulative impacts from other past, present, and reasonably foreseeable
future related actions. The primary HPAI outbreak response activities
that are the focus of the impacts section under each alternative are
depopulation and disposal, as well as some discussion concerning
transportation and cleaning and disinfection.
In general, comparing the potential environmental impacts of the
three alternatives, the Federal Operational Assistance with Biosecurity
Incentive Alternative is expected to result in the least environmental
impacts, followed by the Federal Operational Assistance Alternative
while the No Federal Operational Assistance Alternative is expected to
result in the most environmental impacts.
Direct assistance from USDA APHIS VS under both the Federal
Operational Assistance with Biosecurity Incentive Alternative and the
Federal Operational Assistance Alternative would mean an additional
level of expertise when making decisions and implementing actions,
which is lacking in the No Federal Operational Assistance Alternative.
With Federal, State, and local authorities, Tribes, and poultry owners
and producers all working together, it is more likely that the disease
will be eradicated as rapidly as possible. A rigorous Federal response
should incentivize the rapid reporting of HPAI incidents because it
achieves disease eradication while providing relief to the poultry
owners and producers. Additionally, absent Federal assistance, States
and Tribes may lack the resources to deal with the outbreaks in a
timely manner. The benefit of completing HPAI virus eradication
activities as fast as possible is that it would decrease the risk of
HPAI spreading to nearby premises or to wild birds that may infect
other flocks, thereby preventing additional environmental impacts from
future HPAI outbreaks and HPAI outbreak response activities. Under both
the Federal Operational Assistance with Biosecurity Incentive
Alternative and the Federal Operational Assistance Alternative, poultry
suffering from HPAI should be minimized due to effective and efficient
depopulation procedures being implemented with USDA APHIS VS
assistance. Additionally, the assistance of USDA APHIS VS under the
Federal Operational Assistance with Biosecurity Incentive Alternative
and the Federal Operational Assistance Alternative is expected to allow
poultry owners and producers to resume business as rapidly as possible
and likely more rapidly than under the No Federal Operational
Assistance Alternative.
However, comparing the Federal Operational Assistance with
Biosecurity Incentive Alternative to the Federal Operational Assistance
Alternative, the greatest reduction in impacts of all the alternatives
is expected under the Federal Operational Assistance with Biosecurity
Incentive Alternative. Requiring certain biosecurity measures (i.e.,
audits) as part of the outbreak response to receive indemnity and/or
compensation may increase the chance of biosecurity measures being
implemented by commercial poultry owners and producers. Under this
alternative, increased biosecurity measures could decrease the chance
of reintroductions at the outbreak site or at surrounding premises
resulting in a decrease in not only the spread of HPAI during an
ongoing outbreak, but a decrease in future HPAI outbreak response
activities and their potential impacts over time.
Based on the final programmatic EIS, USDA APHIS VS has concluded
that the three alternatives will have minor potential impacts on soil,
air, water quality, vegetation health, and cultural and historical
resources, if all appropriate Federal, State, and local laws and
guidance are followed. Currently, the risk of HPAI infections to humans
is low, with risks of injuries and psychological trauma to workers
being a concern that is minimized by following appropriate guidelines.
Overall, potential economic impacts from HPAI are expected to be
reduced under each of the alternatives. Socioeconomic impacts are
possible under all alternatives and authorities should work to identify
ways to limit those impacts. Children must have limited access to
locations where HPAI outbreak response activities are being conducted,
whenever possible. Tribes may choose to implement HPAI outbreak
responses on their own; when USDA APHIS VS assists, there may be a
decrease in impacts from HPAI outbreak response activities. Potential
risks to wildlife health are expected to be reduced under the three
alternatives. Under all alternatives, potential impacts to climate
change would be relative to the biomass of poultry depopulated and
carcasses disposed of, and the depopulation, disposal, and sanitation
methods used. Lastly, following best
[[Page 16495]]
management practices and enhanced biosecurity measures over time
reduces the likelihood of cumulative impacts.
The final programmatic EIS was 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 1500-1508), compliant with the
April 2022 regulations that went into effect on May 20, 2022, (3)
USDA's NEPA-implementing regulations (7 CFR part 1b), and (4) USDA
APHIS' NEPA-Implementing Procedures (7 CFR part 372).
Schedule for the Decision-Making Process
After the 30-day review period ends, we will issue a Record of
Decision (ROD). The ROD will explain the agency's decision, redescribe
the alternatives considered, and discuss any plans for mitigation.
Done in Washington, DC, this 14th day of April 2025.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2025-06621 Filed 4-17-25; 8:45 am]
BILLING CODE 3410-34-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 18, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.