Availability of the Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan and Draft Environmental Impact Statement, 22299-22302 [2016-08449]
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Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices
Dated: April 7, 2016.
Roxanna Hinzman,
Field Supervisor, South Florida Ecological
Services Office.
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the National Oceanic and Atmospheric
Administration. The ANS Task Force
provides advice on AIS infesting waters
of the United States and other nations,
among other duties as specified in the
Act.
Meeting Agenda
[FR Doc. 2016–08727 Filed 4–14–16; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–FAC–2016–N054;
FXFR13360900000–FF09F14000–167]
Aquatic Nuisance Species Task Force
Meeting
Fish and Wildlife Service,
Interior.
ACTION: Notice of meeting.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce a public
meeting of the Aquatic Nuisance
Species (ANS) Task Force. The ANS
Task Force’s purpose is to develop and
implement a program for U.S. waters to
prevent introduction and dispersal of
aquatic invasive species (AIS); to
monitor, control, and study such
species; and to disseminate related
information.
SUMMARY:
The ANS Task Force will meet
from 8 a.m. to 5:30 p.m. on Wednesday,
May 4, 2016; 8 a.m. to 5 p.m. on
Thursday, May 5, 2016; and 8 a.m. to
12:30 p.m. on Friday, May 6, 2016. For
more information, contact the ANS Task
Force Executive Secretary (see FOR
FURTHER INFORMATION CONTACT).
ADDRESSES: The ANS Task Force
meeting will take place at the Park Place
Hotel, 300 East State Street, Traverse
City, Michigan 49684 (telephone: 231–
946–5000).
FOR FURTHER INFORMATION CONTACT:
Susan Pasko, Executive Secretary, ANS
Task Force, by telephone at 703–358–
2466, or by email at Susan_Pasko@
fws.gov. If you use a
telecommunications device for the deaf
(TDD), please call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION: In
accordance with the requirements of the
Federal Advisory Committee Act, 5
U.S.C. App., we announce that the ANS
Task Force will hold a meeting.
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DATES:
Background
The ANS Task Force was established
by the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990
(Act) (Pub. L. 106–580, as amended),
and is composed of 13 Federal and 14
ex-officio members, and co-chaired by
the U.S. Fish and Wildlife Service and
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DEPARTMENT OF THE INTERIOR
Availability of the Draft Midwest Wind
Energy Multi-Species Habitat
Conservation Plan and Draft
Environmental Impact Statement
• Great Lakes Restoration Initiative
Project Updates
• Nonindigenous Aquatic Species and
Great Lakes Aquatic Non-indigenous
Species Information System Database
Update
• Presentation on Idaho’s Aquatic
Invasive Species Prevention Program
• Update on the Boat Manufacturer
Technical Information Report
• Session on Interbasin Transfer of AIS
• Session on Asian Carp Risk
Assessments
• Presentation on Genome Editing
Applications for AIS
• Update on the Government
Accountability Office Report for AIS
• Approval of the Revised New York
State ANS Management Plan
• Updates on Efforts to Address AIS
Transport at Federally Managed Water
Bodies
• Update on the National Early
Detection Rapid Response Framework
and Emergency Response Funding
Plan
• Update on Policy and Planning from
the National Invasive Species Council
There will be a field trip Wednesday,
May 4, 2016, from 1 p.m. to 5:30 p.m.
to Sleeping Bear Dunes National
Lakeshore near Empire, Michigan. The
field trip will include additional
presentations on and viewing of AIS
control projects within Sleeping Bear
Dunes. To register for the field trip,
contact the ANS Task Force Executive
Secretary (see FOR FURTHER INFORMATION
CONTACT).
The final agenda and other related
meeting information will be posted on
the ANS Task Force Web site at https://
anstaskforce.gov.
Meeting Minutes
Summary minutes of the meeting will
be maintained by the Executive
Secretary (see FOR FURTHER INFORMATION
CONTACT). The minutes will be available
for public inspection within 60 days
after the meeting and will be posted on
the ANS Task Force Web site at https://
anstaskforce.gov.
Dated: April 8, 2016.
David W. Hoskins,
Co-Chair, Aquatic Nuisance Species Task
Force, Assistant Director for Fish and Aquatic
Conservation.
[FR Doc. 2016–08733 Filed 4–14–16; 8:45 am]
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AGENCY:
Fish and Wildlife Service,
Interior.
Notice of availability; request
for comments.
ACTION:
We, the U.S. Fish and
Wildlife Service (Service), under the
Endangered Species Act of 1973, as
amended (ESA), announce the
availability of the Midwest Wind Energy
Multi-Species Habitat Conservation Plan
(MSHCP). Planning partners include the
State conservation agencies from the
States of Michigan, Indiana, Wisconsin,
Minnesota, Iowa, Illinois, and Missouri,
the American Wind Energy Association
(AWEA), who is representing a
consortium of wind energy companies
called WEBAT (Wind Energy Bat Action
Team), and The Conservation Fund. The
Plan Area encompasses all lands within
the States of Illinois, Indiana, Iowa,
Michigan, Minnesota, Missouri, Ohio,
and Wisconsin. The covered species
include six federally listed bat and bird
species, one bat species that may be
listed in the future, and the bald eagle.
The activities covered under the
MSHCP (‘‘covered activities’’) include
the construction, operation,
maintenance, decommissioning and
repowering of wind energy facilities, as
well as monitoring activities. Up to
18,004 megawatts (MW) of existing
facilities and 33,000 MW of new wind
development are proposed to be covered
under the MSHCP. In accordance with
the National Environmental Policy Act
of 1969 (NEPA), as amended, and the
Council on Environmental Quality
(CEQ) regulations, the Service is also
announcing the availability of the
MSHCP draft environmental impact
statement (DEIS).
SUMMARY:
To ensure consideration, please
submit your comments on or before July
14, 2016. The Service will host two
online webinars during the public
comment period. The webinar dates
have not been determined at this time.
Information on how to participate in the
webinars will be provided on the
Internet at https://www.midwest
windenergyhcpeis.org.
DATES:
ADDRESSES:
BILLING CODE 4333–15–P
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Federal Register / Vol. 81, No. 73 / Friday, April 15, 2016 / Notices
Document Availability
• Internet: You may obtain copies of
the documents on the Internet at the
Federal eRulemaking Portal at: https://
www.regulations.gov/ (Docket Number
FWS–R3–ES–2015–0033) or on the
project Web site, at https://www.midwest
windenergyhcpeis.org.
• In-Person: Hard copies of the
documents will be available for public
inspection by appointment, during
normal business hours, at the Service’s
Midwest Regional Office, U.S. Fish and
Wildlife Service, 5600 American Blvd.
West, Suite 990, Bloomington, MN
55437–1458.
Comment Submission: In your
comment, please specify whether your
comment addresses the draft MSHCP,
the draft EIS, or both. You may submit
written hard-copy comments by U.S.
mail or hand-delivery to: Regional
Director, Attn: Rick Amidon, U.S. Fish
and Wildlife Service, Ecological
Services, 5600 American Blvd. West,
Suite 990, Bloomington, MN 55437–
1458.
FOR FURTHER INFORMATION CONTACT: Rick
Amidon, Fish and Wildlife Biologist,
Ecological Services, Midwest Regional
Office, U.S. Fish and Wildlife Service,
5600 American Blvd. West, Suite 990,
Bloomington, MN 55437–1458; 612–
713–5164. If you use a
telecommunications device for the deaf,
hard-of-hearing, or speech disabled,
please call the Federal Information
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION: We
announce the availability of the
Midwest Wind Energy Multi-Species
Habitat Conservation Plan (MSHCP).
Planning partners include the State
conservation agencies from Michigan,
Indiana, Wisconsin, Minnesota, Iowa,
Illinois, and Missouri; the American
Wind Energy Association, who is
representing a consortium of wind
energy companies called WEBAT (Wind
Energy Bat Action Team); and The
Conservation Fund. The plan area
encompasses all lands within the States
of Illinois, Indiana, Iowa, Michigan,
Minnesota, Missouri, Ohio, and
Wisconsin. If approved, the MSHCP will
authorize incidental take of the covered
species that may result from wind
energy development activities within
covered lands over the 45-year term of
the MSHCP. Covered species include
the Indiana bat, northern long-eared bat,
little brown bat, Kirtland’s warbler,
interior least tern, Great Lakes and Great
Plains populations of the piping plover,
and the bald eagle. The activities
covered under the MSHCP (‘‘covered
activities’’) include the construction,
operation, maintenance,
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decommissioning and repowering of
wind energy facilities, as well as
monitoring activities. Up to 18,004
megawatts (MW) of existing facilities
and 33,000 MW of new wind
development are proposed to be covered
under the MSHCP.
In accordance with the National
Environmental Policy Act of 1969
(NEPA), as amended, and the Council
on Environmental Quality (CEQ)
regulations, the Service is also
announcing the availability of the
MSHCP draft environmental impact
statement (DEIS). If approved, the
MSHCP will authorize incidental take of
the covered species that may result from
wind energy development activities
within the covered lands over the 45year term of the MSHCP. The purpose
of the proposed Federal action is to
allow the Service to respond to
applications for incidental take permits
(ITPs) under the MSHCP, which, if
granted, will authorize the incidental
take of covered species resulting from
existing and future wind energy
development within covered lands.
The draft MSHCP, which has been
prepared by the Service and the
planning partners, covers the
construction, operation, maintenance,
decommissioning and reclamation, and
repowering of existing and future landbased commercial wind energy facilities
within covered lands, as well as
monitoring activities. During the first 5
years, existing commercial wind energy
projects may apply for and receive
incidental take authorizations under the
MSHCP; proposed commercial wind
energy facilities may opt in during the
first 15 years of the MSHCP. The plan
area encompasses all lands under the
jurisdiction of the Midwest Region of
the Service, including Illinois, Indiana,
Iowa, Michigan, Minnesota, Missouri,
Ohio, and Wisconsin. The geographic
area where incidental take authorization
will be allowed under the MSHCP is a
subset of the plan area and specifically
excludes lands of particular importance
to bat and migratory bird species, as
well as a wide range of other wildlife
species. These lands, which are referred
to as covered lands in the MSHCP and
the DEIS, were identified during the
2012 scoping process for the MSHCP.
The draft MSHCP contains a
discussion of the following: (1)
Introduction; (2) Covered Activities; (3)
Affected Environment and Biological
Resources; (4) Take Assessment and
Impact of Take; (5) Conservation Plan;
(6) Alternatives to Take; (7) Monitoring,
Adaptive Management, and Reporting;
(8) Funding Assurances, Unforeseen and
Changed Circumstances and
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Amendments; and (9) Plan
Implementation.
Background
Section 9 of the ESA prohibits ‘‘take’’
of fish and wildlife species listed as
endangered under section 4 (16 U.S.C.
1538, 1533, respectively). The ESA
implementing regulations extend, under
certain circumstances, the prohibition of
take to threatened species (50 CFR
17.31). Under section 3 of the ESA, the
term ‘‘take’’ means to ‘‘harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or attempt to engage
in any such conduct’’ (16 U.S.C.
1532(19)). The term ‘‘harm’’ is defined
by regulation as ‘‘an act which actually
kills or injures wildlife. Such act may
include significant habitat modification
or degradation where it actually kills or
injures wildlife by significantly
impairing essential behavioral patterns,
including breeding, feeding, or
sheltering’’ (50 CFR 17.3). The term
‘‘harass’’ is defined in the regulations as
‘‘an intentional or negligent act or
omission which creates the likelihood of
injury to wildlife by annoying it to such
an extent as to significantly disrupt
normal behavioral patterns which
include, but are not limited to, breeding,
feeding, or sheltering’’ (50 CFR 17.3).
Under section 10(a) of the ESA, the
Service may issue permits to authorize
incidental take of listed fish and
wildlife species. ‘‘Incidental take’’ is
defined by the ESA as take that is
incidental to, and not the purpose of,
carrying out an otherwise lawful
activity. Section 10(a)(1)(B) of the ESA
contains provisions for issuing ITPs to
non-Federal entities for the take of
endangered and threatened species,
provided the following criteria are met:
• The taking will be incidental;
• The applicant will, to the maximum
extent practicable, minimize and
mitigate the impact of such taking;
• The applicant will develop an HCP
and ensure that adequate funding for the
plan will be provided;
• The taking will not appreciably
reduce the likelihood of the survival
and recovery of the species in the wild;
and
• The applicant will carry out any
other measures that the Secretary may
require as being necessary or
appropriate for the purposes of the HCP.
Regulations governing permits for
endangered and threatened species are
at 50 CFR 17.22 and 17.32.
Eagles are protected under the Bald
and Golden Eagle Protection Act
(BGEPA), which prohibits take and
disturbance of individuals and nests.
‘‘Take’’ under the Eagle Act includes
any actions that pursue, shoot, shoot at,
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poison, wound, kill, capture, trap,
collect, destroy, molest, and disturb
eagles. ‘‘Disturb’’ is further defined in
50 CFR 22.3 as ‘‘to agitate or bother a
bald or golden eagle to a degree that
causes, or is likely to cause, based on
the best scientific information available,
(1) injury to an eagle, (2) a decrease in
its productivity, by substantially
interfering with normal breeding,
feeding, or sheltering behavior, or (3)
nest abandonment, by substantially
interfering with normal breeding,
feeding, or sheltering behavior.’’ 50 CFR
22.11 allows take authorization to be
extended to permittees authorized to
take eagles by an ITP issued pursuant to
section 10(a)(l)(B) of the ESA. Take
coverage for bald eagles provided
through an ITP applies for the duration
of the permit, or until the amount or
level of take authorized has been met,
provided the permittee complies with
all terms and conditions provided in the
ITP.
In 2009, the States of Indiana, Ohio,
Michigan, Missouri, and Iowa, on behalf
of all eight partner States, submitted a
grant proposal to the Service under
section 6 of the ESA, proposing to
develop a multi-species habitat
conservation plan and incidental
permitting program for future wind
development within the planning area.
They envisioned that the MSHCP would
be developed as a template HCP,
meaning that the Service would issue
individual ITPs to future applicants
after the MSHCP was approved. They
also contemplated one or more of the
States would become a master permittee
and issue certificates of inclusion (COI);
however, at this time none of the States
have agreed to serve as the master
permittee. As a result, the MSHCP
allows for the creation of a not-for-profit
entity that would hold a master permit
and issue COIs. The entity will be
comprised of a five-person board. Three
members of the Board will be held by
representatives from wind energy
companies and two members will be
representatives of conservation and
other interests that have experience
with wind energy conservation-related
issues. The MSHCP also allows for
companies to seek individual ITPs.
The MSHCP intends to provide
conservation and recovery benefits to
federally listed species while
streamlining the permitting process for
existing and future wind projects where
take of listed species is likely to occur.
While wind-generated power is a clean
and renewable source of energy, wind
turbines are known to cause mortality of
bats and birds that are struck by or pass
near the turning blades. Wildlife
mortality may also result from other
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wind energy facility-related activities
(e.g., construction-related activities).
While individual wind energy
development projects have been
addressing endangered species issues by
seeking their own facility ITPs under
the ESA, a regional solution is desirable
to allow for a coordinated conservation
effort across large portions of species’
ranges.
The MSHCP provides a detailed
conservation plan to ensure the
incidental take caused by wind energy
development will not appreciably
reduce the likelihood of the survival
and recovery of the covered species on
the covered lands, and provides
mitigation to fully offset the impact of
the taking. Further, the MSHCP
provides a long-term monitoring and
adaptive management strategy to ensure
that the ITP terms are satisfied, and to
account for changed and unforeseen
circumstances.
Purpose and Need for Action
In accordance with NEPA, the Service
has prepared a DEIS to analyze the
impacts to the human environment that
would occur if the MSHCP is approved
and implemented and ITPs are issued.
Proposed Action
Under the Proposed Action, ITPs will
be issued under the MSHCP for the
covered activities (e.g., construction,
operation, maintenance,
decommissioning and reclamation, and
repowering of existing and future landbased commercial wind energy facilities
within covered lands), as well as
monitoring activities. Incidental take
coverage will be provided for the
covered species; impacts to other
federally listed species will either be
avoided through siting and best
management practices, or addressed
through a separate and site-specific ESA
section 10(a)(1)(B) permitting process. If
impacts to other federally listed species
cannot be avoided, and an applicant
does not obtain a separate permit for
that species, an ITP under the MSHCP
will not be issued. The proposed action
also includes minimization, monitoring,
reporting, and compensatory mitigation
requirements as part of the conservation
strategy for covered species. Existing
wind energy facilities in covered lands
(i.e., up to 18,004 MW) and up to 33,000
MW of new wind energy capacity will
be considered for incidental take
authorization under the proposed
action.
We invite comments and suggestions
from all interested parties on the draft
documents associated with the ITP
application (HCP and HCP appendices),
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and request that comments be as
specific as possible.
Alternatives Analyzed in the DEIS
The DEIS contains an analysis of four
alternatives: (1) No Action (no permit
issuance); (2) Proposed Action
(Proposed MSHCP Alternative); (3)
Reduced Permit Duration Alternative;
(4) Increased Cut-In Speed Alternative.
The DEIS considers the direct, indirect,
and cumulative effects of the
alternatives, including any measures
under the Proposed Action alternative
intended to minimize and mitigate such
impacts. The DEIS also identifies
additional alternatives that were
considered but were eliminated from
consideration as detailed in Section 2.4
of the DEIS.
The Service invites comments and
suggestions from all interested parties
on the content of the DEIS. In particular,
information and comments regarding
the following topics are requested:
1. The direct, indirect, or cumulative
effects that implementation of any
alternative could have on the human
environment;
2. Whether or not the impact on
various aspects of the human
environment has been adequately
analyzed; and
3. Any other information pertinent to
evaluating the effects of the proposed
action on the human environment.
EPA’s Role in the EIS Process
The EPA is charged under section 309
of the Clean Air Act to review all
Federal agencies’ environmental impact
statements (EISs) and to comment on
the adequacy and the acceptability of
the environmental impacts of proposed
actions in the EISs.
EPA also serves as the repository (EIS
database) for EISs prepared by Federal
agencies and provides notice of their
availability in the Federal Register. The
EIS Database provides information
about EISs prepared by Federal
agencies, as well as EPA’s comments
concerning the EISs. All EISs are filed
with EPA, which publishes a notice of
availability each Friday in the Federal
Register.
For more information, see https://
www.epa.gov/compliance/nepa/
eisdata.html. You may search for EPA
comments on EISs, along with EISs
themselves, at https://
cdxnodengn.epa.gov/cdx-enepa-public/
action/eis/search.
Public Comments
You may submit your comments and
materials concerning the notice by the
methods listed in ADDRESSES.
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If you submit a comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the Web site. We will post all
hardcopy comments on https://
www.regulations.gov as well. If you
submit a hardcopy comment that
includes personal identifying
information, you may request at the top
of your document that we withhold this
information from public review.
However, we cannot guarantee that we
will be able to do so.
Comments and materials we receive,
as well as documents associated with
the notice, will be available for public
inspection on https://
www.regulations.gov at Docket No.
FWS–R3–ES–2015–0033, or by
appointment, during normal business
hours, at the Service’s Midwest Regional
Office in Bloomington, Minnesota. You
may obtain copies of the documents on
the Internet at: https://www.midwest
windenergyhcpeis.org, or from the
Midwest Regional Office.
Authority
We provide this notice under section
10(c) of the ESA (16 U.S.C. 1531 et seq.)
and it’s implementing regulations (50
CFR 17.22), and NEPA (42 U.S.C. 4371
et seq.) and it’s implementing
regulations (40 CFR 1506.6; 43 CFR part
46).
Dated: March 16, 2016.
Lynn M. Lewis,
Assistant Regional Director, Ecological
Services, Midwest Region.
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
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FXES11130100000–167–FF01E00000]
Endangered Species; Recovery Permit
Applications
AGENCY:
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
for recovery permits to conduct
activities with the purpose of enhancing
the survival of endangered species. The
Endangered Species Act of 1973, as
amended (Act), prohibits certain
activities with endangered species
unless a Federal permit allows such
activity. The Act also requires that we
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invite public comment before issuing
such permits.
DATES: To ensure consideration, please
send your written comments by May 16,
2016.
ADDRESSES: Program Manager,
Restoration and Endangered Species
Classification, Ecological Services, U.S.
Fish and Wildlife Service, Pacific
Regional Office, 911 NE 11th Avenue,
Portland, OR 97232–4181. Please refer
to the permit number for the application
when submitting comments.
FOR FURTHER INFORMATION CONTACT:
Colleen Henson, Fish and Wildlife
Biologist, at the above address, or by
telephone (503–231–6131) or fax (503–
231–6243).
SUPPLEMENTARY INFORMATION:
Background
The Act (16 U.S.C. 1531 et seq.)
prohibits certain activities with respect
to endangered and threatened species
unless a Federal permit allows such
activity. Along with our implementing
regulations in the Code of Federal
Regulations (CFR) at 50 CFR 17, the Act
provides for certain permits, and
requires that we invite public comment
before issuing these permits for
endangered species.
A permit granted by us under section
10(a)(1)(A) of the Act authorizes the
permittee to conduct activities
(including take or interstate commerce)
with respect to U.S. endangered or
threatened species for scientific
purposes or enhancement of
propagation or survival. Our regulations
implementing section 10(a)(1)(A) of the
Act for these permits are found at 50
CFR 17.22 for endangered wildlife
species, 50 CFR 17.32 for threatened
wildlife species, 50 CFR 17.62 for
endangered plant species, and 50 CFR
17.72 for threatened plant species.
Applications Available for Review and
Comment
We invite local, State, and Federal
agencies and the public to comment on
the following applications. Please refer
to the permit number for the application
when submitting comments.
Documents and other information
submitted with these applications are
available for review by request from the
Program Manager for Restoration and
Endangered Species Classification at the
address listed in the ADDRESSES section
of this notice, subject to the
requirements of the Privacy Act (5
U.S.C. 552a) and the Freedom of
Information Act (5 U.S.C. 552).
Permit Number: TE–041672
Applicant: U.S. Army Corps of
Engineers, Eugene, Oregon.
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The applicant requests a permit
amendment to take (survey, capture,
and release) the Fender’s blue butterfly
(Icaricia icarioides fenderi) in
conjunction with monitoring and
habitat restoration activities, and to
remove/reduce to possession Erigeron
decumbens (Willamette daisy) and
Lomatium bradshawii (Bradshaw’s
desert parsley) in conjunction with
population augmentation in Lane
County, Oregon, for the purpose of
enhancing the species’ survival.
Permit Number: TE–66384A
Applicant: Idaho Department of Fish
and Game, Coeur d’Alene, Idaho.
The applicant requests a permit
renewal with changes to take (capture,
collect eggs, sample fin rays, tag,
sacrifice, cull, and release) the Kootenai
River white sturgeon (Acipenser
transmontanus) in conjunction with
spawning, recruitment, monitoring, and
population studies in Idaho and
Montana, for the purpose of enhancing
the species’ survival.
Permit Number: TE–84876A
Applicant: Andersen Air Force Base,
Yigo, Guam.
The applicant requests a permit
amendment to take (survey, capture,
monitor nests, collect tissue samples,
tag, and release) green sea turtles
(Chelonia mydas) and hawksbill sea
turtles (Eretmochelys imbricata) in
conjunction with scientific research,
and to remove/reduce to possession the
following plants: Eugenia bryanii (no
common name), Heritiera longipetiolata
(Ufa halumtanu, Ufa halom tano),
Psychotria malaspinae (Aplokating
palaoan), Serianthes nelsonii (Hayun
lagu), Solanum guamense (Biringenas
halumtanu, Birengenas halom tano), and
Tinospora homosepala (no common
name), in conjunction with captive
propagation and outplanting on the
island of Guam for the purpose of
enhancing the species’ survival.
Permit Number: TE–91851B
Applicant: Washington State University,
Pullman, Washington.
The applicant requests a permit to
take (capture, radio-collar, release, and
monitor) gray wolves (Canis lupus) in
conjunction with scientific research in
Okanogan and Kittitas Counties,
Washington, for the purpose of
enhancing the species’ survival.
Permit Number: TE–210255
Applicant: Montana Fish, Wildlife and
Parks, Libby, Montana.
The applicant requests a permit
renewal with changes to take (capture,
E:\FR\FM\15APN1.SGM
15APN1
]]>Agencies
[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22299-22302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08449]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2015-0033; FF03E00000-FXES11120300000-167]
Availability of the Draft Midwest Wind Energy Multi-Species
Habitat Conservation Plan and Draft Environmental Impact Statement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), under the
Endangered Species Act of 1973, as amended (ESA), announce the
availability of the Midwest Wind Energy Multi-Species Habitat
Conservation Plan (MSHCP). Planning partners include the State
conservation agencies from the States of Michigan, Indiana, Wisconsin,
Minnesota, Iowa, Illinois, and Missouri, the American Wind Energy
Association (AWEA), who is representing a consortium of wind energy
companies called WEBAT (Wind Energy Bat Action Team), and The
Conservation Fund. The Plan Area encompasses all lands within the
States of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio,
and Wisconsin. The covered species include six federally listed bat and
bird species, one bat species that may be listed in the future, and the
bald eagle. The activities covered under the MSHCP (``covered
activities'') include the construction, operation, maintenance,
decommissioning and repowering of wind energy facilities, as well as
monitoring activities. Up to 18,004 megawatts (MW) of existing
facilities and 33,000 MW of new wind development are proposed to be
covered under the MSHCP. In accordance with the National Environmental
Policy Act of 1969 (NEPA), as amended, and the Council on Environmental
Quality (CEQ) regulations, the Service is also announcing the
availability of the MSHCP draft environmental impact statement (DEIS).
DATES: To ensure consideration, please submit your comments on or
before July 14, 2016. The Service will host two online webinars during
the public comment period. The webinar dates have not been determined
at this time. Information on how to participate in the webinars will be
provided on the Internet at https://www.midwestwindenergyhcpeis.org.
ADDRESSES:
[[Page 22300]]
Document Availability
Internet: You may obtain copies of the documents on the
Internet at the Federal eRulemaking Portal at: https://www.regulations.gov/ (Docket Number FWS-R3-ES-2015-0033) or on the
project Web site, at https://www.midwestwindenergyhcpeis.org.
In-Person: Hard copies of the documents will be available
for public inspection by appointment, during normal business hours, at
the Service's Midwest Regional Office, U.S. Fish and Wildlife Service,
5600 American Blvd. West, Suite 990, Bloomington, MN 55437-1458.
Comment Submission: In your comment, please specify whether your
comment addresses the draft MSHCP, the draft EIS, or both. You may
submit written hard-copy comments by U.S. mail or hand-delivery to:
Regional Director, Attn: Rick Amidon, U.S. Fish and Wildlife Service,
Ecological Services, 5600 American Blvd. West, Suite 990, Bloomington,
MN 55437-1458.
FOR FURTHER INFORMATION CONTACT: Rick Amidon, Fish and Wildlife
Biologist, Ecological Services, Midwest Regional Office, U.S. Fish and
Wildlife Service, 5600 American Blvd. West, Suite 990, Bloomington, MN
55437-1458; 612-713-5164. If you use a telecommunications device for
the deaf, hard-of-hearing, or speech disabled, please call the Federal
Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We announce the availability of the Midwest
Wind Energy Multi-Species Habitat Conservation Plan (MSHCP). Planning
partners include the State conservation agencies from Michigan,
Indiana, Wisconsin, Minnesota, Iowa, Illinois, and Missouri; the
American Wind Energy Association, who is representing a consortium of
wind energy companies called WEBAT (Wind Energy Bat Action Team); and
The Conservation Fund. The plan area encompasses all lands within the
States of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio,
and Wisconsin. If approved, the MSHCP will authorize incidental take of
the covered species that may result from wind energy development
activities within covered lands over the 45-year term of the MSHCP.
Covered species include the Indiana bat, northern long-eared bat,
little brown bat, Kirtland's warbler, interior least tern, Great Lakes
and Great Plains populations of the piping plover, and the bald eagle.
The activities covered under the MSHCP (``covered activities'') include
the construction, operation, maintenance, decommissioning and
repowering of wind energy facilities, as well as monitoring activities.
Up to 18,004 megawatts (MW) of existing facilities and 33,000 MW of new
wind development are proposed to be covered under the MSHCP.
In accordance with the National Environmental Policy Act of 1969
(NEPA), as amended, and the Council on Environmental Quality (CEQ)
regulations, the Service is also announcing the availability of the
MSHCP draft environmental impact statement (DEIS). If approved, the
MSHCP will authorize incidental take of the covered species that may
result from wind energy development activities within the covered lands
over the 45-year term of the MSHCP. The purpose of the proposed Federal
action is to allow the Service to respond to applications for
incidental take permits (ITPs) under the MSHCP, which, if granted, will
authorize the incidental take of covered species resulting from
existing and future wind energy development within covered lands.
The draft MSHCP, which has been prepared by the Service and the
planning partners, covers the construction, operation, maintenance,
decommissioning and reclamation, and repowering of existing and future
land-based commercial wind energy facilities within covered lands, as
well as monitoring activities. During the first 5 years, existing
commercial wind energy projects may apply for and receive incidental
take authorizations under the MSHCP; proposed commercial wind energy
facilities may opt in during the first 15 years of the MSHCP. The plan
area encompasses all lands under the jurisdiction of the Midwest Region
of the Service, including Illinois, Indiana, Iowa, Michigan, Minnesota,
Missouri, Ohio, and Wisconsin. The geographic area where incidental
take authorization will be allowed under the MSHCP is a subset of the
plan area and specifically excludes lands of particular importance to
bat and migratory bird species, as well as a wide range of other
wildlife species. These lands, which are referred to as covered lands
in the MSHCP and the DEIS, were identified during the 2012 scoping
process for the MSHCP.
The draft MSHCP contains a discussion of the following: (1)
Introduction; (2) Covered Activities; (3) Affected Environment and
Biological Resources; (4) Take Assessment and Impact of Take; (5)
Conservation Plan; (6) Alternatives to Take; (7) Monitoring, Adaptive
Management, and Reporting; (8) Funding Assurances, Unforeseen and
Changed Circumstances and Amendments; and (9) Plan Implementation.
Background
Section 9 of the ESA prohibits ``take'' of fish and wildlife
species listed as endangered under section 4 (16 U.S.C. 1538, 1533,
respectively). The ESA implementing regulations extend, under certain
circumstances, the prohibition of take to threatened species (50 CFR
17.31). Under section 3 of the ESA, the term ``take'' means to
``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or attempt to engage in any such conduct'' (16 U.S.C.
1532(19)). The term ``harm'' is defined by regulation as ``an act which
actually kills or injures wildlife. Such act may include significant
habitat modification or degradation where it actually kills or injures
wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding, or sheltering'' (50 CFR 17.3). The term
``harass'' is defined in the regulations as ``an intentional or
negligent act or omission which creates the likelihood of injury to
wildlife by annoying it to such an extent as to significantly disrupt
normal behavioral patterns which include, but are not limited to,
breeding, feeding, or sheltering'' (50 CFR 17.3).
Under section 10(a) of the ESA, the Service may issue permits to
authorize incidental take of listed fish and wildlife species.
``Incidental take'' is defined by the ESA as take that is incidental
to, and not the purpose of, carrying out an otherwise lawful activity.
Section 10(a)(1)(B) of the ESA contains provisions for issuing ITPs to
non-Federal entities for the take of endangered and threatened species,
provided the following criteria are met:
The taking will be incidental;
The applicant will, to the maximum extent practicable,
minimize and mitigate the impact of such taking;
The applicant will develop an HCP and ensure that adequate
funding for the plan will be provided;
The taking will not appreciably reduce the likelihood of
the survival and recovery of the species in the wild; and
The applicant will carry out any other measures that the
Secretary may require as being necessary or appropriate for the
purposes of the HCP.
Regulations governing permits for endangered and threatened species
are at 50 CFR 17.22 and 17.32.
Eagles are protected under the Bald and Golden Eagle Protection Act
(BGEPA), which prohibits take and disturbance of individuals and nests.
``Take'' under the Eagle Act includes any actions that pursue, shoot,
shoot at,
[[Page 22301]]
poison, wound, kill, capture, trap, collect, destroy, molest, and
disturb eagles. ``Disturb'' is further defined in 50 CFR 22.3 as ``to
agitate or bother a bald or golden eagle to a degree that causes, or is
likely to cause, based on the best scientific information available,
(1) injury to an eagle, (2) a decrease in its productivity, by
substantially interfering with normal breeding, feeding, or sheltering
behavior, or (3) nest abandonment, by substantially interfering with
normal breeding, feeding, or sheltering behavior.'' 50 CFR 22.11 allows
take authorization to be extended to permittees authorized to take
eagles by an ITP issued pursuant to section 10(a)(l)(B) of the ESA.
Take coverage for bald eagles provided through an ITP applies for the
duration of the permit, or until the amount or level of take authorized
has been met, provided the permittee complies with all terms and
conditions provided in the ITP.
In 2009, the States of Indiana, Ohio, Michigan, Missouri, and Iowa,
on behalf of all eight partner States, submitted a grant proposal to
the Service under section 6 of the ESA, proposing to develop a multi-
species habitat conservation plan and incidental permitting program for
future wind development within the planning area. They envisioned that
the MSHCP would be developed as a template HCP, meaning that the
Service would issue individual ITPs to future applicants after the
MSHCP was approved. They also contemplated one or more of the States
would become a master permittee and issue certificates of inclusion
(COI); however, at this time none of the States have agreed to serve as
the master permittee. As a result, the MSHCP allows for the creation of
a not-for-profit entity that would hold a master permit and issue COIs.
The entity will be comprised of a five-person board. Three members of
the Board will be held by representatives from wind energy companies
and two members will be representatives of conservation and other
interests that have experience with wind energy conservation-related
issues. The MSHCP also allows for companies to seek individual ITPs.
The MSHCP intends to provide conservation and recovery benefits to
federally listed species while streamlining the permitting process for
existing and future wind projects where take of listed species is
likely to occur. While wind-generated power is a clean and renewable
source of energy, wind turbines are known to cause mortality of bats
and birds that are struck by or pass near the turning blades. Wildlife
mortality may also result from other wind energy facility-related
activities (e.g., construction-related activities). While individual
wind energy development projects have been addressing endangered
species issues by seeking their own facility ITPs under the ESA, a
regional solution is desirable to allow for a coordinated conservation
effort across large portions of species' ranges.
The MSHCP provides a detailed conservation plan to ensure the
incidental take caused by wind energy development will not appreciably
reduce the likelihood of the survival and recovery of the covered
species on the covered lands, and provides mitigation to fully offset
the impact of the taking. Further, the MSHCP provides a long-term
monitoring and adaptive management strategy to ensure that the ITP
terms are satisfied, and to account for changed and unforeseen
circumstances.
Purpose and Need for Action
In accordance with NEPA, the Service has prepared a DEIS to analyze
the impacts to the human environment that would occur if the MSHCP is
approved and implemented and ITPs are issued.
Proposed Action
Under the Proposed Action, ITPs will be issued under the MSHCP for
the covered activities (e.g., construction, operation, maintenance,
decommissioning and reclamation, and repowering of existing and future
land-based commercial wind energy facilities within covered lands), as
well as monitoring activities. Incidental take coverage will be
provided for the covered species; impacts to other federally listed
species will either be avoided through siting and best management
practices, or addressed through a separate and site-specific ESA
section 10(a)(1)(B) permitting process. If impacts to other federally
listed species cannot be avoided, and an applicant does not obtain a
separate permit for that species, an ITP under the MSHCP will not be
issued. The proposed action also includes minimization, monitoring,
reporting, and compensatory mitigation requirements as part of the
conservation strategy for covered species. Existing wind energy
facilities in covered lands (i.e., up to 18,004 MW) and up to 33,000 MW
of new wind energy capacity will be considered for incidental take
authorization under the proposed action.
We invite comments and suggestions from all interested parties on
the draft documents associated with the ITP application (HCP and HCP
appendices), and request that comments be as specific as possible.
Alternatives Analyzed in the DEIS
The DEIS contains an analysis of four alternatives: (1) No Action
(no permit issuance); (2) Proposed Action (Proposed MSHCP Alternative);
(3) Reduced Permit Duration Alternative; (4) Increased Cut-In Speed
Alternative. The DEIS considers the direct, indirect, and cumulative
effects of the alternatives, including any measures under the Proposed
Action alternative intended to minimize and mitigate such impacts. The
DEIS also identifies additional alternatives that were considered but
were eliminated from consideration as detailed in Section 2.4 of the
DEIS.
The Service invites comments and suggestions from all interested
parties on the content of the DEIS. In particular, information and
comments regarding the following topics are requested:
1. The direct, indirect, or cumulative effects that implementation
of any alternative could have on the human environment;
2. Whether or not the impact on various aspects of the human
environment has been adequately analyzed; and
3. Any other information pertinent to evaluating the effects of the
proposed action on the human environment.
EPA's Role in the EIS Process
The EPA is charged under section 309 of the Clean Air Act to review
all Federal agencies' environmental impact statements (EISs) and to
comment on the adequacy and the acceptability of the environmental
impacts of proposed actions in the EISs.
EPA also serves as the repository (EIS database) for EISs prepared
by Federal agencies and provides notice of their availability in the
Federal Register. The EIS Database provides information about EISs
prepared by Federal agencies, as well as EPA's comments concerning the
EISs. All EISs are filed with EPA, which publishes a notice of
availability each Friday in the Federal Register.
For more information, see https://www.epa.gov/compliance/nepa/eisdata.html. You may search for EPA comments on EISs, along with EISs
themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
Public Comments
You may submit your comments and materials concerning the notice by
the methods listed in ADDRESSES.
[[Page 22302]]
If you submit a comment via https://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. We will post all hardcopy comments on https://www.regulations.gov as well. If you submit a hardcopy comment that
includes personal identifying information, you may request at the top
of your document that we withhold this information from public review.
However, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as documents associated
with the notice, will be available for public inspection on https://www.regulations.gov at Docket No. FWS-R3-ES-2015-0033, or by
appointment, during normal business hours, at the Service's Midwest
Regional Office in Bloomington, Minnesota. You may obtain copies of the
documents on the Internet at: https://www.midwestwindenergyhcpeis.org,
or from the Midwest Regional Office.
Authority
We provide this notice under section 10(c) of the ESA (16 U.S.C.
1531 et seq.) and it's implementing regulations (50 CFR 17.22), and
NEPA (42 U.S.C. 4371 et seq.) and it's implementing regulations (40 CFR
1506.6; 43 CFR part 46).
Dated: March 16, 2016.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2016-08449 Filed 4-14-16; 8:45 am]
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