Migratory Birds; Draft Eagle Conservation Plan Guidance, 9529-9530 [2011-3700]

Download as PDF 9529 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Proposed Rules 605(b), the Board certifies that the regulations proposed herein would not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. A copy of this decision will be served upon the Chief Counsel for Advocacy, Office of Advocacy, U.S. Small Business Administration, Washington, DC 20416. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. This rulemaking will affect the following subjects: List of Subjects in 49 CFR Part 1002 Administrative practice and procedure, Common carriers, Freedom of information. chapter X of the Code of Federal Regulations as follows: PART 1002—FEES Decided: February 14, 2011. By the Board, Chairman Elliott, Vice Chairman Nottingham, and Commissioner Mulvey. Jeffrey Herzig, Clearance Clerk. 1. The authority citation for part 1002 continues to read as follows: Authority: 5 U.S.C. 552(a)(4)(A) and § 553; 31 U.S.C. 9701 and 49 U.S.C. 721(a). Section 1002.1(g)(11) also issued under 5 U.S.C. 5514 and 31 U.S.C. 3717. 2. In § 1002.2, revise paragraph (f)(56)(iv) to read as follows: Code of Federal Regulations For reasons set forth in the preamble, the Surface Transportation Board proposes to amend part 1002 of title 49, § 1002.2 * Filing fees. * * (f) * * * * * Type of proceeding * * * Fee * * * * PART V: Formal Proceedings * * * * * * (56) * * * (iv) All other formal complaints (except competitive access complaints) ........................................................................................ * * * * * * * * We have posted our draft Eagle Conservation Plan Guidance at https://www.fws.gov/windenergy. You may submit e-mail comments to windenergy@fws.gov. Please include ‘‘Eagle Conservation Plan Guidance Comments’’ in the subject line of the message, and your full name and return address in the body of your message. Please note that the e-mail address will be closed when the public comment period closes. Alternatively, you may submit comments or recommendations by mail to: Attention: Eagle Conservation Plan Guidance; Division of Migratory Bird Management; U.S. Fish and Wildlife Service; 4401 North Fairfax Drive, Mail Stop 4107; Arlington, VA 22203–1610. BILLING CODE 4915–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 22 [FWS–R9–MB–2011–N018; 91200–1231– 9BPP] RIN 1018–AX53 Migratory Birds; Draft Eagle Conservation Plan Guidance Fish and Wildlife Service, Interior. ACTION: Notice of availability. AGENCY: WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS FOR FURTHER INFORMATION CONTACT: Jerome Ford, 703–358–2583. We, the U.S. Fish and Wildlife Service (Service), announce the availability for public comment of draft Eagle Conservation Plan Guidance. The Guidance provides recommendations for agency staff and developers to use an iterative process to avoid and minimize negative effects on eagles and their habitats resulting from the construction, operation and maintenance of landbased, wind energy facilities in the United States. DATES: We must receive any comments or suggestions by the end of the day on May 19, 2011. SUMMARY: 13:45 Feb 17, 2011 * ADDRESSES: [FR Doc. 2011–3716 Filed 2–17–11; 8:45 am] VerDate Mar<15>2010 * Jkt 223001 The Service is charged with implementing statutes including the Bald and Golden Eagle Protection Act (BGEPA), the Migratory Bird Treaty Act, and the Endangered Species Act. BGEPA prohibits all take of eagles unless otherwise authorized by the Service. A goal of BGEPA is to achieve and maintain stable or increasing populations of bald and golden eagles. The draft Eagle Conservation Plan Guidance (draft Guidance) interprets and clarifies the permit requirements in the regulations at 50 Code of Federal SUPPLEMENTARY INFORMATION: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 * * $350 * Regulations (CFR) 22.26 and 22.27, and does not impose any binding requirements beyond those specified in the regulations. The draft Guidance provides a means of compliance with BGEPA by providing recommendations for: (1) Conducting early pre-construction assessments to identify important eagle use areas; (2) Avoiding, minimizing, and/or compensating for potential adverse effects to eagles; and, (3) Monitoring for impacts to eagles during construction and operation. The draft Guidance calls for scientifically rigorous surveys, monitoring, risk assessment, and research designs proportionate to the risk to eagles. The draft Guidance describes a process by which wind energy developers can collect and analyze information that could lead to a programmatic permit to authorize unintentional take of eagles at wind energy facilities. The process described here is not required, but project proponents should coordinate closely with the Service concerning alternatives to insure that eagle conservation plans conform with requirements of BGEPA. The Service will initiate a peer review of the draft Guidance during the public comment period. The development of facilities to generate electricity from wind turbines has increased dramatically in the range E:\FR\FM\18FEP1.SGM 18FEP1 9530 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Proposed Rules of the golden eagle in the western United States. Golden eagles are vulnerable to collisions with wind turbines. Because of this risk, many of the current and planned wind facilities require permits under the Bald and Golden Eagle Protection Act to legally authorize any take of eagles that may occur. We are soliciting comments and recommendations on our draft Eagle Conservation Plan Guidance. We request comments and suggestions on the Guidance. We anticipate preparing further guidance to address incidental eagle takes under other circumstances. Explaining the reasons and rationale for your comments where appropriate will help as we consider them. We will take into consideration the relevant comments, suggestions, or objections that we receive by the comment due date indicated above in the DATES section. These comments, suggestions, or objections, and any additional information received may lead us to adopt a final guidance that differs from this guidance. Public Availability of Comments WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. You can ask us in your comment to withhold your personal identifying information from public review, but we cannot guarantee that we will be able to do so. As published elsewhere in today’s Federal Register, the Service is simultaneously soliciting comments on the draft Land-based Wind Energy Guidelines. Authority: The authorities for this notice are the Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703–712); Pub. L. 95–616, 92 Stat. 3112 (16 U.S.C. 712(2)); Pub. L. 106– 108, 113 Stat. 1491, Note Following 16 U.S.C. 703; the Bald and Golden Eagle Protection Act (16 U.S.C. 668a–d), 704, 712, 742j–1, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; and 31 U.S.C. 9701. Dated: January 31, 2011. Rowan Gould, Director, U.S. Fish and Wildlife Service. [FR Doc. 2011–3700 Filed 2–17–11; 8:45 am] BILLING CODE 4310–55–P VerDate Mar<15>2010 13:15 Feb 17, 2011 Jkt 223001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101124579–1088–01] RIN 0648–BA51 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern Atlantic States; Red Snapper Management Measures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS issues this proposed rule that would implement a regulatory amendment (Regulatory Amendment 10) to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council). This proposed rule would remove the snapper-grouper area closure implemented through Amendment 17A to the FMP. The intended effect of this proposed rule is to help achieve optimum yield (OY) for the fishery and minimize socio-economic impacts to snapper-grouper fishermen, without increasing the risk of the red snapper resource experiencing overfishing. DATES: Written comments must be received on or before March 21, 2011. ADDRESSES: You may submit comments on the proposed rule identified by 0648–BA51 by any of the following methods: • Electronic submissions: Submit electronic comments via the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Rick DeVictor, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. To submit comments through the Federal e-rulemaking portal: https:// www.regulations.gov, enter ‘‘NOAA– SUMMARY: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 NMFS–2010–0249’’ in the keyword search, then check the box labeled ‘‘Select to find documents accepting comments or submissions’’, then select ‘‘Send a comment or submission’’. NMFS will accept anonymous comments (enter N/A in the required field if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Comments received through means not specified in this rule will not be considered. Copies of the regulatory amendment, which includes an environmental assessment and a regulatory impact review, may be obtained from the South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; telephone 843– 571–4366; fax 843–769–4520; e-mail safmc@safmc.net; or may be downloaded from the Council’s Web site at https://www.safmc.net/. FOR FURTHER INFORMATION CONTACT: Rick DeVictor, 727–824–5305. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic is managed under the FMP. The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Background The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and achieve, on a continuing basis, the OY from Federally managed fish stocks. These mandates are intended to ensure fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. To further this goal, the Magnuson-Stevens Act requires fishery managers to end overfishing of stocks while achieving OY from the fishery, and to minimize bycatch and bycatch mortality to the extent practicable. In the South Atlantic, the red snapper stock is currently overfished and undergoing overfishing. The stock status was determined through a Southeast Data Assessment and Review (SEDAR) benchmark stock assessment for red snapper, SEDAR 15, which was completed in February 2008. Based on this stock assessment, Amendment 17A to the FMP was developed to end the overfishing of red snapper and rebuild the stock. The final rule to implement E:\FR\FM\18FEP1.SGM 18FEP1

Agencies

[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Proposed Rules]
[Pages 9529-9530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3700]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 22

[FWS-R9-MB-2011-N018; 91200-1231-9BPP]
RIN 1018-AX53


Migratory Birds; Draft Eagle Conservation Plan Guidance

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability for public comment of draft Eagle Conservation Plan 
Guidance. The Guidance provides recommendations for agency staff and 
developers to use an iterative process to avoid and minimize negative 
effects on eagles and their habitats resulting from the construction, 
operation and maintenance of land-based, wind energy facilities in the 
United States.

DATES: We must receive any comments or suggestions by the end of the 
day on May 19, 2011.

ADDRESSES: We have posted our draft Eagle Conservation Plan Guidance at 
https://www.fws.gov/windenergy. You may submit e-mail comments to 
windenergy@fws.gov. Please include ``Eagle Conservation Plan Guidance 
Comments'' in the subject line of the message, and your full name and 
return address in the body of your message. Please note that the e-mail 
address will be closed when the public comment period closes. 
Alternatively, you may submit comments or recommendations by mail to: 
Attention: Eagle Conservation Plan Guidance; Division of Migratory Bird 
Management; U.S. Fish and Wildlife Service; 4401 North Fairfax Drive, 
Mail Stop 4107; Arlington, VA 22203-1610.

FOR FURTHER INFORMATION CONTACT: Jerome Ford, 703-358-2583.

SUPPLEMENTARY INFORMATION: The Service is charged with implementing 
statutes including the Bald and Golden Eagle Protection Act (BGEPA), 
the Migratory Bird Treaty Act, and the Endangered Species Act. BGEPA 
prohibits all take of eagles unless otherwise authorized by the 
Service. A goal of BGEPA is to achieve and maintain stable or 
increasing populations of bald and golden eagles. The draft Eagle 
Conservation Plan Guidance (draft Guidance) interprets and clarifies 
the permit requirements in the regulations at 50 Code of Federal 
Regulations (CFR) 22.26 and 22.27, and does not impose any binding 
requirements beyond those specified in the regulations. The draft 
Guidance provides a means of compliance with BGEPA by providing 
recommendations for:
    (1) Conducting early pre-construction assessments to identify 
important eagle use areas;
    (2) Avoiding, minimizing, and/or compensating for potential adverse 
effects to eagles; and,
    (3) Monitoring for impacts to eagles during construction and 
operation.
    The draft Guidance calls for scientifically rigorous surveys, 
monitoring, risk assessment, and research designs proportionate to the 
risk to eagles. The draft Guidance describes a process by which wind 
energy developers can collect and analyze information that could lead 
to a programmatic permit to authorize unintentional take of eagles at 
wind energy facilities. The process described here is not required, but 
project proponents should coordinate closely with the Service 
concerning alternatives to insure that eagle conservation plans conform 
with requirements of BGEPA. The Service will initiate a peer review of 
the draft Guidance during the public comment period.
    The development of facilities to generate electricity from wind 
turbines has increased dramatically in the range

[[Page 9530]]

of the golden eagle in the western United States. Golden eagles are 
vulnerable to collisions with wind turbines. Because of this risk, many 
of the current and planned wind facilities require permits under the 
Bald and Golden Eagle Protection Act to legally authorize any take of 
eagles that may occur. We are soliciting comments and recommendations 
on our draft Eagle Conservation Plan Guidance.
    We request comments and suggestions on the Guidance. We anticipate 
preparing further guidance to address incidental eagle takes under 
other circumstances. Explaining the reasons and rationale for your 
comments where appropriate will help as we consider them.
    We will take into consideration the relevant comments, suggestions, 
or objections that we receive by the comment due date indicated above 
in the DATES section. These comments, suggestions, or objections, and 
any additional information received may lead us to adopt a final 
guidance that differs from this guidance.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. You can ask us 
in your comment to withhold your personal identifying information from 
public review, but we cannot guarantee that we will be able to do so.
    As published elsewhere in today's Federal Register, the Service is 
simultaneously soliciting comments on the draft Land-based Wind Energy 
Guidelines.

    Authority: The authorities for this notice are the Migratory 
Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703-712); Pub. L. 95-616, 
92 Stat. 3112 (16 U.S.C. 712(2)); Pub. L. 106-108, 113 Stat. 1491, 
Note Following 16 U.S.C. 703; the Bald and Golden Eagle Protection 
Act (16 U.S.C. 668a-d), 704, 712, 742j-1, 1374(g), 1382, 1538(d), 
1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C. 1202; and 31 
U.S.C. 9701.

     Dated: January 31, 2011.
Rowan Gould,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-3700 Filed 2-17-11; 8:45 am]
BILLING CODE 4310-55-P

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