Migratory Birds; Eagle Conservation Plan Guidance: Module 1-Land-Based Wind Energy, Version 2, 25758 [2013-10387]
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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices
1980, Norfolk, VA 23501–1980, was
rescored, which placed it in the funding
range. The grant award to EVMS was for
the same amount it would have received
had it been funded in FY 2010, but it
used funds under the Department of
Defense and Full-Year Continuing
Appropriations Act, 2011.
Dated: April 26, 2013.
Matthew E. Ammon,
Deputy Director, Office of Healthy Homes and
Lead Hazard Control.
[FR Doc. 2013–10412 Filed 5–1–13; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–MB–2012–N094; FF09M29000–
112–FXMB123209EAGL0L2]
RIN 1018–AX53
Migratory Birds; Eagle Conservation
Plan Guidance: Module 1—Land-Based
Wind Energy, Version 2
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
sroberts on DSK5SPTVN1PROD with NOTICES
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce
that Eagle Conservation Plan Guidance:
Module 1—Land-based Wind Energy,
Version 2 is available. 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.
FOR FURTHER INFORMATION CONTACT: Dr.
George Allen, Division of Migratory Bird
Management, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive,
Arlington, Virginia 22203–1610, or 703–
358–1825.
SUPPLEMENTARY INFORMATION: The
Service is charged with implementing
many statutes that provide protection to
bald and golden eagles, including the
Bald and Golden Eagle Protection Act
(BGEPA) (16 U.S.C. 668–668c), the
Migratory Bird Treaty Act (MBTA) (16
U.S.C. 703–12), and the Endangered
Species Act (ESA) (16 U.S.C. 1531–44).
Under these statutes, the Service
implements permit programs for eagles
as authorized by implementing
regulations in title 50 of the Code of
Federal Regulations (CFR). In 2009, the
Service promulgated regulations in 50
CFR part 22 authorizing issuance of
permits for nonpurposeful take of eagles
VerDate Mar<15>2010
16:50 May 01, 2013
Jkt 229001
(74 FR 46836, September 11, 2009). On
February 18, 2011, we issued a draft of
The Eagle Conservation Plan Guidance:
Module 1—Land-based Wind Energy for
public comment (76 FR 9529). We
received 124 comments by the end of
the comment period on May 19, 2011.
We have considered the public
comments received on the draft
guidance and now issue the Eagle
Conservation Plan Guidance: Module
1—Land-based Wind Energy, Version 2
(ECPG) to assist potential permit
applicants and to promote compliance
with BGEPA with respect to such
permits. The ECPG describes a process
for wind energy developers, in
coordination with the Service, to collect
and analyze information that could
support an application for a
programmatic permit to authorize
unintentional take of eagles at wind
energy facilities. The ECPG provides
recommendations for the development
of eagle conservation plans (ECPs) to
support issuance of eagle programmatic
take permits for wind facilities.
Programmatic take permits will
authorize limited nonpurposeful
mortality and disturbance of eagles at
wind facilities, provided that effective
offsetting conservation measures that
meet regulatory requirements are carried
out. To comply with the permit
regulations, conservation measures must
avoid and minimize take of eagles to the
maximum degree practicable, and, for
programmatic permits necessary to
authorize ongoing take of eagles,
advanced conservation practices must
be implemented, if available, such that
any remaining take is unavoidable.
Further, for eagle management
populations that the Service has
determined cannot sustain additional
mortality, any remaining take must be
offset through compensatory mitigation
such that the net effect on the eagle
management population is, at a
minimum, no net loss. The ECPG
interprets and clarifies the permit
requirements in the regulations at 50
CFR 22.26 and 22.27 and does not
impose any binding requirements
beyond those specified in the
regulations.
The Service recommends that ECPs be
developed in five successive stages. The
process is intended to be a progressive,
increasingly intensive look at potential
effects of the development and
operation of a particular site and design
configuration to eagles. The objectives,
recommended actions, and
recommended data sources for each of
the five stages in the ECP are described
in the Stage Overview table in the
guidance. The ECPG recommends that
project developers or operators employ
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
specific procedures in their site
assessments so the data can be
combined with that from other facilities
in a formal adaptive management
process. This adaptive management
process is designed to reduce
uncertainty about the effects of wind
facilities on eagles.
Project developers or operators are not
required to use the recommended
procedures in this ECPG. However, if
different approaches are used, the
developer or operator should coordinate
with the Service in advance to ensure
that approaches being considered will
provide comparable data and meet the
regulatory requirements. Additionally,
Service review time for applications that
employ different approaches will likely
be longer than if the recommendations
in the ECPG were followed.
The ECPG recommends that, at the
end of each of the first four stages,
project developers or operators
determine, in consultation with the
Service, which of the following
categories the project, as planned, falls
into: (1) High risk to eagles, with little
opportunity to minimize effects; (2) high
or moderate risk to eagles, but with an
opportunity to minimize effects; or (3)
minimal risk to eagles.
The ECPG is posted online at https://
www.fws.gov/migratorybirds. You can
request a printed copy of the guidance
by writing to the address or calling the
phone number listed under FOR FURTHER
INFORMATION CONTACT.
Dated: April 24, 2013.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013–10387 Filed 5–1–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAD00000.L16100000.DS0000.
LXSSB0010000]
Amended Notice of Intent To Clarify
the Scope of Analysis of the
Environmental Document and
Proposed Plan Amendment in the West
Mojave Planning Area, to the Motorized
Vehicle Access Element of the
California Desert Conservation Area
Plan, Inyo, Kern, Los Angeles and San
Bernardino Counties, CA
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: The Department of Interior,
Bureau of Land Management (BLM)
announces its intent to clarify the scope
of the Notice of Intent to Prepare an
E:\FR\FM\02MYN1.SGM
02MYN1
]]>Agencies
[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Page 25758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10387]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-MB-2012-N094; FF09M29000-112-FXMB123209EAGL0L2]
RIN 1018-AX53
Migratory Birds; Eagle Conservation Plan Guidance: Module 1--
Land-Based Wind Energy, Version 2
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
that Eagle Conservation Plan Guidance: Module 1--Land-based Wind
Energy, Version 2 is available. 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.
FOR FURTHER INFORMATION CONTACT: Dr. George Allen, Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, 4401 North
Fairfax Drive, Arlington, Virginia 22203-1610, or 703-358-1825.
SUPPLEMENTARY INFORMATION: The Service is charged with implementing
many statutes that provide protection to bald and golden eagles,
including the Bald and Golden Eagle Protection Act (BGEPA) (16 U.S.C.
668-668c), the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703-12), and
the Endangered Species Act (ESA) (16 U.S.C. 1531-44). Under these
statutes, the Service implements permit programs for eagles as
authorized by implementing regulations in title 50 of the Code of
Federal Regulations (CFR). In 2009, the Service promulgated regulations
in 50 CFR part 22 authorizing issuance of permits for nonpurposeful
take of eagles (74 FR 46836, September 11, 2009). On February 18, 2011,
we issued a draft of The Eagle Conservation Plan Guidance: Module 1--
Land-based Wind Energy for public comment (76 FR 9529). We received 124
comments by the end of the comment period on May 19, 2011.
We have considered the public comments received on the draft
guidance and now issue the Eagle Conservation Plan Guidance: Module 1--
Land-based Wind Energy, Version 2 (ECPG) to assist potential permit
applicants and to promote compliance with BGEPA with respect to such
permits. The ECPG describes a process for wind energy developers, in
coordination with the Service, to collect and analyze information that
could support an application for a programmatic permit to authorize
unintentional take of eagles at wind energy facilities. The ECPG
provides recommendations for the development of eagle conservation
plans (ECPs) to support issuance of eagle programmatic take permits for
wind facilities.
Programmatic take permits will authorize limited nonpurposeful
mortality and disturbance of eagles at wind facilities, provided that
effective offsetting conservation measures that meet regulatory
requirements are carried out. To comply with the permit regulations,
conservation measures must avoid and minimize take of eagles to the
maximum degree practicable, and, for programmatic permits necessary to
authorize ongoing take of eagles, advanced conservation practices must
be implemented, if available, such that any remaining take is
unavoidable.
Further, for eagle management populations that the Service has
determined cannot sustain additional mortality, any remaining take must
be offset through compensatory mitigation such that the net effect on
the eagle management population is, at a minimum, no net loss. The ECPG
interprets and clarifies the permit requirements in the regulations at
50 CFR 22.26 and 22.27 and does not impose any binding requirements
beyond those specified in the regulations.
The Service recommends that ECPs be developed in five successive
stages. The process is intended to be a progressive, increasingly
intensive look at potential effects of the development and operation of
a particular site and design configuration to eagles. The objectives,
recommended actions, and recommended data sources for each of the five
stages in the ECP are described in the Stage Overview table in the
guidance. The ECPG recommends that project developers or operators
employ specific procedures in their site assessments so the data can be
combined with that from other facilities in a formal adaptive
management process. This adaptive management process is designed to
reduce uncertainty about the effects of wind facilities on eagles.
Project developers or operators are not required to use the
recommended procedures in this ECPG. However, if different approaches
are used, the developer or operator should coordinate with the Service
in advance to ensure that approaches being considered will provide
comparable data and meet the regulatory requirements. Additionally,
Service review time for applications that employ different approaches
will likely be longer than if the recommendations in the ECPG were
followed.
The ECPG recommends that, at the end of each of the first four
stages, project developers or operators determine, in consultation with
the Service, which of the following categories the project, as planned,
falls into: (1) High risk to eagles, with little opportunity to
minimize effects; (2) high or moderate risk to eagles, but with an
opportunity to minimize effects; or (3) minimal risk to eagles.
The ECPG is posted online at https://www.fws.gov/migratorybirds. You
can request a printed copy of the guidance by writing to the address or
calling the phone number listed under FOR FURTHER INFORMATION CONTACT.
Dated: April 24, 2013.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-10387 Filed 5-1-13; 8:45 am]
BILLING CODE 4310-55-P
