TapInto Hoboken: A Colony of Migratory Birds in Hoboken Were Proof of a Revitalized Waterfront. Now They’re at Risk Due to Development - Our Tern: Protecting Hoboken's Honorary Bird, the Common Tern

By Matt McCann

HOBOKEN, NJ – For the past seven summers in Hoboken, the end of Pier 11 has been the home to a colony of common terns — a type of seabird that migrates north in the spring after wintering in tropical regions. They can often be seen acrobatically diving into the water to catch small surface-level fish.

The common terns would mate, nest, and raise their young on Pier 11 before flying back south again in the fall. Their arrival in Hoboken less than a decade ago surprised experts. It was hailed as evidence of improved biodiversity on the waterfront thanks to the many years spent cleaning up the Hudson River.

“These birds are proof-positive that the Hudson River, once considered polluted and devoid of life, is once again becoming a healthy ecosystem teeming with life,” said Jeffrey Train, who leads birding walks in Hoboken and has been observing the colony.

This summer, however, the colony has been greatly reduced in size after nesting deterrents were put in place by the pier owners, Shipyards Associates, who claimed the birds created an “unsafe environment.”

The common tern is listed as a ‘Species of Special Concern’ by the New Jersey Department of Environmental Protection (NJDEP) and, according to Train, the number of terns on Pier 11 last Summer was close to 50.

Now, after deterrents were put in place, that number is less than ten, and, according to environmental advocates, the upcoming start of the Hudson Tunnel Project threatens to further impact the colony, as well as other ecological wildlife in the Hudson River.

Shipyards Associates

Shipyards Associates had put netting, wires, and reflective streamers in place at the end of its pier in the spring in an effort to deter the terns from returning. But despite this, on May 1st, they arrived and began nesting — the deterrents having failed to stop them from setting up a colony on the pier which they have repeatedly come back to.

“The terns are very place based. The pier is where they were born, and they came back anyway,” said Noelle Thurlow, the Director of Resilience Adventures who teaches local kids about the ecology of the Hudson River,

While many of the common terns began nesting on the pier in May, one died on May 30th after it got caught in an overhead wire, and its clutch of eggs were lost.

Thurlow told TAPinto Hoboken that she tried rescuing the trapped tern when she discovered that it was caught. She said she untangled it and brought it to the Raptor Trust, but it did not survive.

After that incident, Thurlow said that many of the birds dispersed from Pier 11. She said that while there were around 30 before, now there are only four nesting pairs on the pier.

Shipyards Associates have said nesting deterrents were put in place to protect adults and children who use their space as well as the instructional classroom on Pier 12.

“The terns create an unsafe environment with their aggressive dive-bombing and their unhealthy efforts to defecate on people,” said Adam Leitner, Director of Operations for Shipyard Marina.

Thurlow said that she has taken students in her Reslience Adventures class out kayaking to see the terns, and does not consider them dangerous.

“We would paddle right past them and look at them diving and catching fish. They’re an integral part of the ecosystem,” she said.

“Personally, I loved them,” Thurlow added. “They’re an amazing adaptation, they’re an amazing species to get kids to watch because they’re so active.”

She said that just like any other bird, including the geese in Hoboken, the terns will get vocal when they are approached to defend their nests.

“I used to tell the kids: ‘These birds yell at us, but they won’t hurt you. Just keep going.’ They would make a lot of noise, vocalize a lot, and dive around us to let us know to stay away from them. But I’ve never been injured by these birds, I’m not afraid of them. I don’t feel like they pose a risk,” she said.

In further reasoning for putting up the deterrents, Leitner said that the pier requires maintenance that is “difficult and unsafe to schedule around their nesting season.”

According to Train, the owners had intended to power wash the pier last summer, which would mean removing the common terns, when there was a larger than usual colony there. However, they did not do so after being informed that this was illegal under the 1918 Federal Migratory Bird Treaty Act (MBTA) which protects migratory birds once they begin nesting.

It was, however, perfectly legal for Shipyards Associates to put the deterrents in place this spring in an effort to prevent the common terns from returning to Pier 11 again this summer. But with the birds currently nesting after the deterrents failed, they now have protection under federal law.

The NJDEP this week advised Shipyards Associates to remove all the deterrents that are in place, which the company says it will do and has already removed the overhead wiring. Shipyard Associates also says it will create a physical barrier 300 feet west of the nesting area which they claim will prevent any disturbance to the terns.

In a statement, the NJDEP said that, along with partner agencies U.S. Fish & Wildlife and USDA Wildlife Services, it was aware of the presence of nesting common terns in the vicinity of Pier 11 in Hoboken.

“Common terns are listed as a species of Special Concern in New Jersey and are protected under the Federal Migratory Bird Treaty Act and the NJ Endangered and Nongame Species Conservation Act. The three agencies have become aware that nesting deterrents, including netting and twine, have not worked and may pose a risk of harm to the birds,” the NJDEP said.

“The pier owner, Shipyard Associates, has removed some of the deterrents. NJDEP Fish & Wildlife and its partner agencies have requested that all deterrents be removed and will be working with the pier owners toward other solutions to minimize disturbance to the birds,” it added.

Hudson Tunnel Project

The few terns that still remain on Pier 11, however, remain under potential threat, according to environmental advocates, because of the construction of the Hudson Tunnel Project, which involves Shipyard Associates leasing out their property to a construction company to aid in the building of the Hudson Tunnel Project.

Shipyards Associates confirmed that the use of Pier 11 as a construction workspace for the Hudson Tunnel Project was one of the reasons for putting in place the nesting deterrents.

“Pier 11 is a working pier and will provide an important workspace for the Hudson Tunnel Project – an important infrastructure program that will benefit hundreds of thousands of commuters who travel by rail on Amtrak’s entire northeast corridor, daily,” said Leitner.

The City of Hoboken’s Zoning Office granted a permit on May 8th for Shipyard Associates to lease out Pier 11 to Weeks Marine, a construction company, for temporary staging at Pier 11 to aid in the construction of the tunnel which is scheduled to begin this month.

The permit, seen by TAPinto Hoboken, estimates that the pier would be used in support of the construction of the Hudson Tunnel Project until July 2027. It allows Weeks Marine to use Pier 11 for two 24×60 foot office structures with extension of electricity and a 30×90 foot service barge moored alongside it.

There is concern among environmental advocates, including Fund for a Better Waterfront, that the construction site will impact the common tern colony as well as the wider Hudson River ecosystem. Train has urged City Hall to rescind the permit.

“By allowing this permit to stand Hoboken tacitly consents to a landowner degrading our natural ecosystem without any consequences, while at the same time gaining financially. That’s a message we cannot send to our citizens and business owners,” Train said.

Train also noted the significant size of the barge, which will likely be in place for several years while the tunnel is under construction. He added that there were transparency issues as residents had not been consulted about it prior to the City approving the permit.

Train and Thurles have proposed that the start of construction be delayed until after the common terns leave Hoboken to migrate south in the fall. They say this will allow time for the City to consult with experts about organizing an alternative colony for them. This, they say, would be done through the use of decoys to lure the terns away from Pier 11 and onto a floating raft where they can mate, nest, and raise their young next summer instead. Something similar had previously been done in Maryland, according to Train.

When reached for comment, the City of Hoboken confirmed that the Zoning Office had granted the permit, but said that wildlife matters fall outside its jurisdiction. The City also said that the protection of migratory birds is managed by federal and state agencies.

The Gateway Development Commission (GDC), the government authority overseeing the Hudson Tunnel Project, said it has consulted with environmental state and federal agencies and has “considered all conservation measures before starting construction.” It also said it has “taken all precautions necessary to minimize any impacts on birds nesting on the pier during construction.”

“We have already revised the layout on the pier to give the nests as much distance as possible, and we will educate all members of the team that will be present on the pier about relevant conservation laws and best practices,” the GDC said.

Shipyards Associates said, “Our goal is to safely co-exist with the birds while conducting business on Pier 11, and remain in full compliance with all environmental regulations.”

Train told TAPinto Hoboken that regardless of how things work out with the permit, it was important that City Officials learn from this moment.

“Take notice: Hoboken’s birds and wildlife need action if they are to thrive. I am in the process of launching a nonprofit to focus solely on protecting the birds of Hoboken,” said Train.

“The Fund for a Better Waterfront is committed to helping, and we have countless people; neighbors, business owners, and nature lovers who are ready to fight to preserve the amazing wildlife who also call Hoboken home.”