Innovative Airport Responses to Threatened and Endangered Species (2014)

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A I R P O R T C O O P E R A T I V E R E S E A R C H P R O G R A M ACRP REPORT 122 TRANSPORTAT ION RESEARCH BOARD WASHINGTON, D.C. 2015 www.TRB.org Research sponsored by the Federal Aviation Administration Subscriber Categories Aviation • Environment Innovative Airport Responses to Threatened and Endangered Species Julie Sullivan EnvironmEntal SciEncE aSSociatES Orlando, FL

AIRPORT COOPERATIVE RESEARCH PROGRAM Airports are vital national resources. They serve a key role in trans­ portation of people and goods and in regional, national, and inter­ national commerce. They are where the nation’s aviation system connects with other modes of transportation and where federal respon­ sibility for managing and regulating air traffic operations intersects with the role of state and local governments that own and operate most airports. Research is necessary to solve common operating problems, to adapt appropriate new technologies from other industries, and to introduce innovations into the airport industry. The Airport Coopera­ tive Research Program (ACRP) serves as one of the principal means by which the airport industry can develop innovative near­term solutions to meet demands placed on it. The need for ACRP was identified in TRB Special Report 272: Airport Research Needs: Cooperative Solutions in 2003, based on a study spon­ sored by the Federal Aviation Administration (FAA). The ACRP carries out applied research on problems that are shared by airport operating agencies and are not being adequately addressed by existing federal research programs. It is modeled after the successful National Coopera­ tive Highway Research Program and Transit Cooperative Research Pro­ gram. The ACRP undertakes research and other technical activities in a variety of airport subject areas, including design, construction, mainte­ nance, operations, safety, security, policy, planning, human resources, and administration. The ACRP provides a forum where airport opera­ tors can cooperatively address common operational problems. The ACRP was authorized in December 2003 as part of the Vision 100­Century of Aviation Reauthorization Act. The primary participants in the ACRP are (1) an independent governing board, the ACRP Oversight Committee (AOC), appointed by the Secretary of the U.S. Department of Transportation with representation from airport operating agencies, other stakeholders, and relevant industry organizations such as the Airports Council International­North America (ACI­NA), the American Associa­ tion of Airport Executives (AAAE), the National Association of State Aviation Officials (NASAO), Airlines for America (A4A), and the Airport Consultants Council (ACC) as vital links to the airport community; (2) the TRB as program manager and secretariat for the governing board; and (3) the FAA as program sponsor. In October 2005, the FAA executed a contract with the National Academies formally initiating the program. The ACRP benefits from the cooperation and participation of airport professionals, air carriers, shippers, state and local government officials, equipment and service suppliers, other airport users, and research orga­ nizations. Each of these participants has different interests and respon­ sibilities, and each is an integral part of this cooperative research effort. Research problem statements for the ACRP are solicited periodically but may be submitted to the TRB by anyone at any time. It is the responsibility of the AOC to formulate the research program by iden­ tifying the highest priority projects and defining funding levels and expected products. Once selected, each ACRP project is assigned to an expert panel, appointed by the TRB. Panels include experienced practitioners and research specialists; heavy emphasis is placed on including airport pro­ fessionals, the intended users of the research products. The panels pre­ pare project statements (requests for proposals), select contractors, and provide technical guidance and counsel throughout the life of the project. The process for developing research problem statements and selecting research agencies has been used by TRB in managing cooper­ ative research programs since 1962. As in other TRB activities, ACRP project panels serve voluntarily without compensation. Primary emphasis is placed on disseminating ACRP results to the intended end­users of the research: airport operating agencies, service providers, and suppliers. The ACRP produces a series of research reports for use by airport operators, local agencies, the FAA, and other interested parties, and industry associations may arrange for work­ shops, training aids, field visits, and other activities to ensure that results are implemented by airport­industry practitioners. ACRP REPORT 122 Project 11­02/Task 21 ISSN 1935­9802 ISBN 978­0­309­30824­3 Library of Congress Control Number 2014956907 © 2015 National Academy of Sciences. All rights reserved. COPYRIGHT INFORMATION Authors herein are responsible for the authenticity of their materials and for obtaining written permissions from publishers or persons who own the copyright to any previously published or copyrighted material used herein. Cooperative Research Programs (CRP) grants permission to reproduce material in this publication for classroom and not­for­profit purposes. Permission is given with the understanding that none of the material will be used to imply TRB or FAA endorsement of a particular product, method, or practice. It is expected that those reproducing the material in this document for educational and not­for­profit uses will give appropriate acknowledgment of the source of any reprinted or reproduced material. For other uses of the material, request permission from CRP. NOTICE The project that is the subject of this report was a part of the Airport Cooperative Research Program, conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. The members of the technical panel selected to monitor this project and to review this report were chosen for their special competencies and with regard for appropriate balance. The report was reviewed by the technical panel and accepted for publication according to procedures established and overseen by the Transportation Research Board and approved by the Governing Board of the National Research Council. The opinions and conclusions expressed or implied in this report are those of the researchers who performed the research and are not necessarily those of the Transportation Research Board, the National Research Council, or the program sponsors. The Transportation Research Board of the National Academies, the National Research Council, and the sponsors of the Airport Cooperative Research Program do not endorse products or manufacturers. Trade or manufacturers’ names appear herein solely because they are considered essential to the object of the report. Published reports of the AIRPORT COOPERATIVE RESEARCH PROGRAM are available from: Transportation Research Board Business Office 500 Fifth Street, NW Washington, DC 20001 and can be ordered through the Internet at http://www.national­academies.org/trb/bookstore Printed in the United States of America

The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and technical matters. Dr. Ralph J. Cicerone is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. C. D. Mote, Jr., is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Victor J. Dzau is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Ralph J. Cicerone and Dr. C. D. Mote, Jr., are chair and vice chair, respectively, of the National Research Council. The Transportation Research Board is one of six major divisions of the National Research Council. The mission of the Transporta- tion Research Board is to provide leadership in transportation innovation and progress through research and information exchange, conducted within a setting that is objective, interdisciplinary, and multimodal. The Board’s varied activities annually engage about 7,000 engineers, scientists, and other transportation researchers and practitioners from the public and private sectors and academia, all of whom contribute their expertise in the public interest. The program is supported by state transportation departments, federal agencies including the component administrations of the U.S. Department of Transportation, and other organizations and individu- als interested in the development of transportation. www.TRB.org www.national-academies.org

C O O P E R A T I V E R E S E A R C H P R O G R A M S CRP STAFF FOR ACRP REPORT 122 Christopher W. Jenks, Director, Cooperative Research Programs Michael R. Salamone, ACRP Manager Joseph D. Navarrete, Senior Program Officer Terri Baker, Senior Program Assistant Eileen P. Delaney, Director of Publications Ellen M. Chafee, Editor ACRP PROJECT 11-02/TASK 21 PANEL Field of Special Projects Catherine Boyles, Dallas/Fort Worth International Airport, DFW Airport, TX (Chair) Dana R. Green, Portland International Airport, Portland, OR Peggy Nguyen, Los Angeles World Airports, Los Angeles, CA John E. Ostrom, Metropolitan Airports Commission—Minneapolis-St. Paul International Airport, St. Paul, MN Kelly Schmoker, California Department of Fish and Wildlife, Laguna Niguel, CA Jeffrey R. Wood, McFarland Johnson, Inc., Binghamton, NY Suki Gill, FAA Liaison John Weller, FAA Liaison Patrice Ashfield, U.S. Fish & Wildlife Liaison Michael J. Begier, U.S. Department of Agriculture Liaison AUTHOR ACKNOWLEDGMENTS The research reported herein was conducted under ACRP Project 11­02/Task 21 by Environmental Science Associates. The Principal Investigator was Julie Sullivan. Contributing authors include Teresa Vanderburg of Environmental Science Associates, Seattle, Washington; Erich Fischer of Environmental Science Associates, Sacramento, California; Michael Arnold of Environmental Science Associates, Orlando, Florida; Adrian Jones of Environmental Science Associates, San Francisco, California; and James Charles of Lewis, Longman and Walker, P.A., West Palm Beach, Florida.

F O R E W O R D By Joseph D. Navarrete Staff Officer Transportation Research Board ACRP Report 122: Innovative Airport Responses to Threatened and Endangered Species is a primer to help airport industry practitioners creatively address the presence of federally listed species at or near airports. It provides a thorough yet concise source of information that not only enables a better understanding of the issues, but more importantly, helps air­ ports, regulatory agencies, and other stakeholders work together to reach practical solutions that both maintain airport operational safety and protect threatened and endangered spe­ cies. Accompanying the primer is CRP-CD-ROM 160: Airport Toolbox for ACRP Report 122, which is designed to help facilitate understanding among airports and agencies. Airports often occupy large tracts of land with varying degrees of development. Land that is less developed is often reserved for long­range facility expansion, yet undeveloped land may also be an attractive wildlife habitat, which raises potential safety issues from bird and other animal interference with aircraft operations. While there are many measures to dis­ courage common wildlife species, the management of threatened and endangered species is more challenging because airports must work with environmental regulatory agencies to balance the need to protect these species with the needs for maintaining operational safety and meeting long­range requirements. Many airports, however, are unfamiliar with the issues brought about by the presence of threatened and endangered species, and regula­ tors charged with protecting these species may not have a thorough understanding of an airport’s unique operational requirements. Research was needed to identify best practices for addressing threatened and endangered species at airports, including balancing species protection with safety, implementing practical mitigation measures where required, and coordinating with key stakeholders. The research, led by Environmental Science Associates, began with reviewing the Endan­ gered Species Act and other regulatory guidance, identifying airport activity and plans that could conflict with or be impacted by listed species, and reviewing the FAA National Wild­ life Strike Database for listed species involved in strike reports. The research team then con­ ducted a series of case studies that not only featured a diverse set of regulatory settings and challenges but also highlighted innovative approaches, including safe harbor agreements, species recovery plans, conservation banking, and off­site mitigation. The primer reviews endangered species regulation and the mission, roles, and respon­ sibilities of the airport sponsor and regulatory agencies. It then identifies typical airport actions that could create a conflict (for example, wildlife hazard management, storm­ water management, and airport expansion/construction) and common process challenges (such as inexperience, lack of early coordination with regulatory agencies, and inconsistent guidance). The primer then describes innovative solutions to overcoming these challenges,

including safe harbor agreements, candidate conservation agreements, habitat conserva­ tion plans, conservation banking, adaptive management plans, programmatic consulta­ tions and biological opinions, and recovery credits. Through the use of nine case studies, the primer provides real world examples of these practices, focusing on the importance of developing and maintaining stakeholder relationships. Finally, the Airport Toolbox, bound into this report as CRP-CD-160, includes an informational overview titled “Understanding the Airport Environment,” a sample memorandum of agreement, factsheets, checklists, a brochure, templates, and sources for additional information.

C O N T E N T S 1 Section 1 Purpose and Structure of the Primer 2 Section 2 Glossary of Terms and Definitions 6 Section 3 An Introduction to Endangered Species Regulation 6 Federal Protection for Wildlife: A Brief History 6 The Endangered Species Act of 1973 7 Regulatory Roles and Responsibilities: Endangered Species Act 7 The National Environmental Policy Act and the Endangered Species Act 7 Section 7 Consultations 8 Section 10 Permitting 9 State Coordination 11 Section 4 Identification of Potential Conflicts with Airport Actions 11 Roles and Responsibilities of the Airport Sponsor 11 Roles and Responsibilities of Regulatory Agencies 11 Typical Airport Actions that Could Create Conflict 17 Section 5 Innovative Process Solutions 17 Identification of Typical Process Challenges 20 Developing and Maintaining Stakeholder Relationships 20 Planning for Listing (Pre and Post) 21 Tools and Innovative Approaches 25 Section 6 Case Studies for Innovative Airport Responses to Threatened and Endangered Species 27 Case Study 1: Mid­Sized Regional Hub, California 29 Case Study 2: Portland International Airport (PDX), Oregon 32 Case Study 3: Indianapolis International Airport (IND), Indiana 34 Case Study 4: Mineta San Jose International Airport (SJC), California 36 Case Study 5: Vero Beach Municipal Airport (VRB), Florida 38 Case Study 6: Roseburg Regional Airport (RBG), Oregon 40 Case Study 7: Brown Field Municipal Airport (SDM), California 42 Case Study 8: Sanford Orlando International Airport (SFB), Florida 44 Case Study 9: Kodiak Airport (ADQ), Alaska

47 Section 7 Overview of CRP-CD-160: Airport Toolbox for ACRP Report 122 47 Understanding Airports 47 Endangered Species Act Information for Airports 48 Tools for Airports: Assessing and Documenting Listed Species 48 Additional Information 49 References 50 Acronyms, Abbreviations, and Initialisms