Request for Renewal of the Incidental Take Permit and Short-Term Habitat Conservation Plan for Operation and Maintenance of Existing and Limited Future Facilities Associated With the Kauai Island Utility Cooperative on Kauai, Hawaii, 28008-28011 [2018-12889]

Download as PDF 28008 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES The information collected from callers/ visitors is used to fulfill requests for published materials, email alerts, policy rates, and agent contact information. Additionally, FEMA and the NFIP offer Agents.FloodSmart.gov as a resource for agents. Upon website registration, agents can enroll in the Agent Referral Program to receive free leads through the consumer site or the call center as outlined above. This information collection seeks approval to continue collecting name, address and telephone number information from: (1) Business and residential property owners and renters who voluntarily call to request flood insurance information and possibly an insurance agent referral and, (2) insurance agents interested in enrolling in the agent referral service. Collection of Information Title: National Flood Insurance Program Call Center and Agent Referral Enrollment Form. Type of Information Collection: Extension, without change, of a currently approved information collection. OMB Number: 1660–0059. FEMA Forms: FEMA Form 517–0–1, National Flood Insurance Program Agent Site Registration; FEMA Form 512–0–1, National Flood Insurance Program Agent Referral Questionnaire. Abstract: Consumer names, addresses, and telephone numbers collected through the Call Center or FloodSmart website will be used exclusively for providing information on flood insurance and/or facilitate the purchase of a flood insurance policy through referrals or direct transfers to insurance agents in the agent referral service. Agent names, addresses, telephone numbers, and business information is retained for dissemination to interested consumers who would like to talk to an agent about purchasing a flood insurance policy as part of the agent referral program. Affected Public: Individuals or households; businesses or other forprofit. Estimated Number of Respondents: 59,194. Estimated Number of Responses: 59,194. Estimated Total Annual Burden Hours: 2,819 hours. Estimated Total Annual Respondent Cost: The estimated annual cost to respondents for the hour burden is $103,335.52. Estimated Respondents’ Operation and Maintenance Costs: There are no annual costs to respondents’ operations and maintenance costs for technical services. VerDate Sep<11>2014 17:11 Jun 14, 2018 Jkt 244001 Estimated Respondents’ Capital and Start-Up Costs: There are no annual start-up or capital costs. Estimated Total Annual Cost to the Federal Government: The cost to the Federal Government is $406,941. [FR Doc. 2018–12890 Filed 6–14–18; 8:45 am] HCP) that addresses incidental take of three listed bird species caused by the operation and maintenance of KIUC’s existing and anticipated electrical utility facilities on Kauai, Hawaii. The applicant is requesting renewal of the permit for an indefinite period until the Service renders a decision on a LongTerm HCP and permit application currently under development by KIUC. We are making the permit renewal application available for public review and comment. DATES: All comments from interested parties must be received on or before July 16, 2018. ADDRESSES: To request further information or submit written comments, please use one of the following methods: • U.S. Mail: Field Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana Boulevard, Room 3–122, Honolulu, Hawaii 96850. Include ‘‘KIUC Short-Term HCP’’ in the subject line of your request or comment. • Email: KIUCShort-Termhcp@ fws.gov. Include ‘‘KIUC Short-Term HCP’’ in the subject line of the message. • Fax: 808–792–9580, Attn: Field Supervisor. Include ‘‘KIUC Short-Term HCP’’ in the subject line of the message. • Internet: You may obtain copies of this notice on the internet at https:// www.fws.gov/pacificislands/, or from the Service’s Pacific Islands Fish and Wildlife Office in Honolulu, Hawaii (see BILLING CODE 9111–52–P FOR FURTHER INFORMATION CONTACT Comments Comments may be submitted as indicated in the ADDRESSES caption above. Comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Dated: June 11, 2018. Rachel Frier, Records Management Branch Chief, Office of the Chief Administrative Officer, Mission Support, Federal Emergency Management Agency, Department of Homeland Security. DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R1–ES–2018–N017]; [FXES11140100000–189–FF01E00000] Request for Renewal of the Incidental Take Permit and Short-Term Habitat Conservation Plan for Operation and Maintenance of Existing and Limited Future Facilities Associated With the Kauai Island Utility Cooperative on Kauai, Hawaii Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: The Kauai Island Utility Cooperative (KIUC, or applicant) has submitted an application to the U.S. Fish and Wildlife Service (Service) for renewal of their incidental take permit (permit) under the Endangered Species Act of 1973, as amended. The permit is associated with KIUC’s Short-Term Habitat Conservation Plan (Short-Term SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 section). We request that you send comments by only one of the methods described above. See the Public Availability of Comments section below for more information. FOR FURTHER INFORMATION CONTACT: Leila Nagatani, U.S. Fish and Wildlife Service (see ADDRESSES above), telephone (808) 792–9400. Hearing or speech impaired individuals may call the Federal Relay Service at 800–877– 8339 for TTY assistance. SUPPLEMENTARY INFORMATION: The Kauai Island Utility Cooperative (KIUC, or applicant) has submitted an application to the U.S. Fish and Wildlife Service (Service) for renewal of their incidental take permit (permit) under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The permit is associated with KIUC’s Short-Term Habitat Conservation Plan (Short-Term HCP) that addresses incidental take of three listed species caused by the operation and maintenance of KIUC’s existing and anticipated electrical utility facilities on Kauai, Hawaii. The applicant is E:\FR\FM\15JNN1.SGM 15JNN1 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES requesting renewal of the permit to authorize incidental take of the federally endangered Hawaiian petrel, the federally endangered band-rumped storm-petrel, and the federally threatened Newell’s (Townsends) shearwater (collectively referred to as ‘‘Covered Species’’) for an indefinite period until the Service renders a decision on a Long-Term HCP and permit application currently under development by KIUC. We are making the permit renewal application available for public review and comment. Background Section 9 of the ESA prohibits ‘‘take’’ of fish and wildlife species listed as endangered under section 4 (16 U.S.C. 1538 and 16 U.S.C. 1533). 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 incidental take permits 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 a proposed 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 VerDate Sep<11>2014 17:11 Jun 14, 2018 Jkt 244001 • The applicant will carry out any other measures that the Service 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. A permittee may submit an application for renewal of their permit if they certify that all information in the original application remains current and correct, unless previously changed or corrected. If such information is no longer current or correct, they must provide corrected information; see 50 CFR 13.22(a). The Service shall issue a renewal of a permit if the issuance criteria set forth in 50 CFR 13.21(b) are met and the applicant for renewal is not disqualified. The Service may deny renewal of a permit to an applicant who fails to meet the issuance criteria set forth in § 13.21 or the parts or sections specifically governing the activity for which renewal is requested (discussed above); see 50 CFR 13.22(d). Under certain conditions, an entity holding a valid, renewable permit may continue the activities authorized by the expired permit until the Service acts on the application for renewal; see 50 CFR 13.22(c). 28009 publicly-elected Board of Directors. It generates and distributes electricity to the entire island of Kauai, Hawaii. KIUC’s existing facilities include over 1,400 miles of electrical transmission and distribution lines, two fossil fuelfired generating stations, two hydroelectric stations, two 12-megawatt solar energy parks, 14 substations, and approximately 3,500 streetlights. KIUC developed a Short-Term HCP that addresses incidental take of the three Covered Species caused by the operation and maintenance of KIUC’s existing and anticipated facilities over a period of up to 5 years from 2011 to 2016. In 2011, the KIUC Short-Term HCP was approved by the Service, and KIUC received a permit for incidental take of the Covered Species. The Short-Term HCP covers activities within all areas on Kauai where KIUC’s facilities (e.g., generating stations, power lines, utility poles, lights) are located. These activities include the continuing operation, maintenance, and repair of all existing facilities, and the construction, operation, maintenance, and repair of certain new facilities, during the term of the permit. The Short-Term HCP describes the impacts of take incidental to those activities on Covered Species the Covered Species, and provides The federally endangered Hawaiian certain measures to minimize and petrel (Pterodroma sandwichensis), the mitigate the impacts of such take on federally endangered Hawaii population each of the Covered Species. (distinct population segment (DPS)) of The Covered Species are subject to the band-rumped storm petrel injury or mortality as a result of (Oceanodroma castro), and the federally colliding with KIUC-owned power lines threatened Newell’s Townsend’s and utility infrastructure, and injury or shearwater (Puffinus auricularis newelli) mortality as a result of attraction to or Newell’s shearwater (as a subspecies nighttime lighting from KIUC-owned of the Townsend’s shearwater), are and operated streetlights and facilities. seabirds that breed on Kauai and feed in The Short-Term HCP permit authorized the open ocean. Each of these species an annual take amount of 162 Newell’s shearwaters, 2 Hawaiian petrels, and 2 spends a large part of the year at sea. Adults generally return to their colonial band-rumped storm petrels over a 5-year period, as a result of attraction to, or nesting grounds in the interior mountains of Kauai beginning in March collision with, KIUC facilities. In total, the permit authorized a combined take and April, and depart beginning in September. Juvenile seabirds travel from amount of 830 sub-adults or adults of the Covered Species. the nesting colony to the sea in the fall. Current estimates of the Newell’s Both adults and juveniles are known to shearwater population on Kauai, where collide with tall buildings, towers, 90 percent of the total population nests, power lines, and other structures while range from 16,400 to 33,400, based on flying at night between their nesting colonies and at-sea foraging areas. These at-sea population estimates from 1998 through 2011 (Joyce 2013). Analyses of birds, and particularly juveniles, are radar data (a proxy for the breeding also attracted to bright lights. population) suggest that the Newell’s Disoriented birds are commonly shearwater population on Kauai observed circling repeatedly around declined 94 percent between 1993 and exterior light sources until they fall to 2013 (an average annual rate of 13 the ground or collide with structures. percent) (Raine et al. 2017a). KIUC Short-Term HCP The Hawaiian petrel population nests on several of the southeastern Hawaiian KIUC is a not-for-profit, tax-exempt Islands, including Hawaii, Kauai, Lanai, cooperative association owned by its and Maui, and the total population is ratepayer/customers and governed by a PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\15JNN1.SGM 15JNN1 sradovich on DSK3GMQ082PROD with NOTICES 28010 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices estimated at 19,000 individuals (Spear et al. 1995). While the majority of the breeding population nests on Maui ¯ within Haleakala National Park (over 2,500 nests; HAVO 2015), all extant populations of Hawaiian petrels across the Hawaiian Islands are biologically valuable toward ensuring the survival and recovery of the species. The Kauai population of Hawaiian petrels decreased by 78 percent (an average of 6 percent per year) between 1993 and 2013, according to trends in radar data over the 20 year period (Raine et al. 2017a). The band-rumped storm-petrel occurs in Japan, Hawaii, Galapagos Islands, and subtropical areas of the Atlantic. The Hawaii DPS of the band-rumped stormpetrel is found on the islands of Hawaii, Maui, Kauai, and Lehua. The bandrumped storm-petrel is known to nest in remote areas on vegetated to sparsely vegetated cliff faces or steeply sloping areas on Kauai and Lehua Islet (VanderWerf et al. 2007; Raine et al. 2017b). It has also been known to occur in sparsely vegetated areas, highelevation lava fields on Hawaii Island (Banko et al. 1991; Banko 2015 in litt.), ¯ and possibly Haleakala Crater on Maui, where several birds were heard calling (Wood et al. 2002). An estimate of the number of band-rumped storm-petrels within the Hawaiian Islands is not available at this time. Seabird colony monitoring data reflect significant threats from feral pig, cat, barn owl, and rat predation, as well as habitat degradation from invasive plants. Combined with the take caused by power line collisions and light attraction, the above threats have resulted in the dramatic decline of several breeding colonies on Kauai, including Kalaheo and Kaluahonu, to the point of near extirpation (Raine et al. 2017a). The 2011 Short-Term HCP established a comprehensive monitoring and research program designed to further evaluate the impact of the power line system on seabird populations and to provide key biological data to more adequately inform a longer term HCP and take authorization. To this end, KIUC provides funding to the Kauai Endangered Seabird Recovery Project (KESRP), a project of the University of Hawaii’s Pacific Cooperative Studies Unit, to monitor seabird colonies and develop approaches to assess seabirdpower line collisions. Due to the remote location of many power lines on Kauai and the nocturnal behavior of seabirds, in 2012, KESRP developed an acoustic song-meter monitoring system to detect seabird collisions. This acoustic system became the foundation for KIUC’s VerDate Sep<11>2014 17:11 Jun 14, 2018 Jkt 244001 Underline Monitoring Program (UMP) and has been accepted and is funded by KIUC. During the course of implementation of the KIUC Short-Term HCP, KESRP observed a total of 43 seabird power line collisions using night vision equipment. Of the 43 seabird power line collisions observed, four of these collision events definitively resulted in an immediate grounded bird within the observer’s field of view. Additionally, about 25 deceased Newell’s shearwaters have been opportunistically found from 2011 through 2015, associated with KIUC power lines or lights. The acoustic system, which is able to monitor the power lines for seabird collisions more extensively than human observers can, has detected a minimum in excess of 1,000 seabird collision events annually in 2014, 2015, and 2016 (KIUC ShortTerm HCP 2014, 2015, and 2016 UMP Reports). Despite the above strike monitoring data, the applicant has only requested take authorization at the original permit level of 166 listed seabirds per year in its permit renewal application. KIUC’s request for extension without an amendment means its actual take would likely continue to exceed the authorized level should the permit be renewed. Since 2012, KESRP, in collaboration with KIUC, has identified all high and medium risk power line spans that pose a threat to the Covered Species. These high and medium risk lines are continually monitored every year, and those data are used to plan and test for effective minimization measures, including reconfiguring lines or installing bird diverters. While the acoustic system has been successful in detecting seabird power line collisions, only a subset of the power line system can be monitored and therefore collisions outside of the monitored areas must be estimated. Moreover, while a minimum of over 1,000 seabird collision events have been detected in 2016, the fate of the birds that collided with these lines is unknown. Based on KESRP field observations, it is certain that some portion of these collisions results in immediate grounding or mortality, and that some additional proportion results in harm or injury, or potential mortality sometime after the collision event. Previous scientific studies based on waterfowl and their interactions with power lines have estimated that this subsequent mortality after the collision event could range from 20 percent to 74 percent of total detected collisions (Bevanger 1995; Bevanger 1999; Beaulaurier 1981; and Shaw et al. 2010). The Short-Term HCP has been successful in guiding measures that PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 KIUC has implemented to partially mitigate the impacts of the taking of the Covered Species caused by its existing facilities, increasing knowledge related to the impact of KIUC’s power line system on seabird populations, providing key biological data concerning the Covered Species, and improving our understanding of the effectiveness of conservation measures to more adequately inform a longer term habitat conservation plan and take authorization. Since 2011, under the Short-Term HCP, KIUC spent approximately $7.7 million to implement seabird colony management (i.e., predator control and seabird monitoring) and the retrieval and rehabilitation of seabirds on Kauai. KIUC has undergrounded or reconfigured 25 percent of their identified high collision-risk power lines since 2011 and installed bird deterrent devices to minimize impacts from high collision-risk power lines. Although KIUC’s current mitigation and minimization programs are meaningful, these efforts are likely not commensurate with the actual level of take occurring. The Short-Term HCP permit expiration date was in May 2016. On April 12, 2016, one month before permit expiration, we received an application for renewal of that permit pending preparation of a Long-Term HCP. Request for Information We specifically request information from the public on whether the application meets the statutory and regulatory requirements and criteria for renewal of a permit. We are also soliciting information regarding the adequacy of a potentially renewed Short-Term HCP and permit to minimize, mitigate, and monitor the impacts of the taking of the Covered Species caused by KIUC’s covered activities, and to provide for adaptive management for an indefinite period until the Service renders a decision on a Long-Term HCP and permit application currently under development by KIUC, as evaluated against our permit issuance criteria found in section 10(a) of the ESA, 16 U.S.C. 1539(a), and 50 CFR 13.21, 17.22, and 17.32. Public Availability of Comments You may submit your comments and materials by one of the methods listed above in the ADDRESSES section. Before including your address, phone number, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal E:\FR\FM\15JNN1.SGM 15JNN1 28011 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices identifying information—might be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive will be available for public inspection by appointment, during normal business hours, at the Service’s Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT section). Authority We provide this notice in accordance with the requirements of section 10 of the ESA (16 U.S.C. 1531 et seq.). Theresa E. Rabot, Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service. [FR Doc. 2018–12889 Filed 6–14–18; 8:45 am] BILLING CODE 4333–15–P INTERNATIONAL TRADE COMMISSION FOR FURTHER INFORMATION CONTACT: Amelia Shister (202–205–2047), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). Authority: This investigation is being terminated under authority of title VII of the Tariff Act of 1930 and pursuant to section 207.40(a) of the Commission’s Rules of Practice and Procedure (19 CFR 207.40(a)). This notice is published pursuant to section 201.10 of the Commission’s rules (19 CFR 201.10). By order of the Commission. Issued: June 12, 2018. Lisa Barton, Secretary to the Commission. [Investigation No. 701–TA–581 (Final)] 1. Agendas for future meetings: None. 2. Minutes. 3. Ratification List. 4. Vote on Inv. Nos. 701–TA–588 and 731–TA–1392–1393 (Final) (Polytetrafluoroethylene (‘‘PTFE’’) Resin from China and India). The Commission is currently scheduled to complete and file its determinations and views of the Commission by July 6, 2018. 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: June 12, 2018. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2018–12973 Filed 6–13–18; 11:15 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Citric Acid and Certain Citrate Salts From Thailand; Termination of Investigation [FR Doc. 2018–12905 Filed 6–14–18; 8:45 am] BILLING CODE 7020–02–P Importer of Controlled Substances Registration United States International Trade Commission. ACTION: Notice. INTERNATIONAL TRADE COMMISSION ACTION: AGENCY: On June 5, 2018, the Department of Commerce published notice in the Federal Register of a negative final determination of subsidies in connection with the subject investigation concerning citric acid and certain citrate salts from Thailand (83 FR 26004). Accordingly, the countervailing duty investigation concerning citric acid and certain citrate salts from Thailand (Investigation No. 701–TA–581 (Final)) is terminated. DATES: June 5, 2018. Registrants listed below have applied for and been granted registration by-the Drug Enforcement Administration (DEA) as importers of various classes of schedule I or II controlled substances. SUPPLEMENTARY INFORMATION: The companies listed below applied to be registered as importers of various basic classes of controlled substances. Information on previously published notices is listed in the table below. No comments or objections were submitted and no requests for hearing were submitted for these notices. SUMMARY: [USITC SE–18–028] SUMMARY: Notice of registration. Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: June 22, 2018 at 11:00 a.m. PLACE: Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: AGENCY HOLDING THE MEETING: FR citation Sharp Clinical Services, Inc .................................................................................................................. Fisher Clinical Services, Inc .................................................................................................................. Wildlife Laboratories Inc ........................................................................................................................ Catalent Pharma Solutions, LLC .......................................................................................................... Lipomed ................................................................................................................................................. Almac Clinical Services Incorp ............................................................................................................. Clinical Supplies Management Holdings, Inc ....................................................................................... sradovich on DSK3GMQ082PROD with NOTICES Company 83 FR 13521 83 FR 13519 83 FR 14505 83 FR 14504 83 FR 15627 (ACSI) 83 FR 15634 83 FR 16901 The DEA has considered the factors in 21 U.S.C. 823, 952(a) and 958(a) and determined that the registration of the listed registrants to import the applicable basic classes of schedule I or II controlled substances is consistent VerDate Sep<11>2014 17:11 Jun 14, 2018 Jkt 244001 with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. The DEA investigated each company’s maintenance of effective controls PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Published March 29, 2018. March 29, 2018. April 4, 2018. April 4, 2018. April 11, 2018. April 11, 2018. April 17, 2018. against diversion by inspecting and testing each company’s physical security systems, verifying each company’s compliance with state and local laws, and reviewing each company’s background and history. E:\FR\FM\15JNN1.SGM 15JNN1

Agencies

[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 28008-28011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12889]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2018-N017]; [FXES11140100000-189-FF01E00000]


Request for Renewal of the Incidental Take Permit and Short-Term 
Habitat Conservation Plan for Operation and Maintenance of Existing and 
Limited Future Facilities Associated With the Kauai Island Utility 
Cooperative on Kauai, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Kauai Island Utility Cooperative (KIUC, or applicant) has 
submitted an application to the U.S. Fish and Wildlife Service 
(Service) for renewal of their incidental take permit (permit) under 
the Endangered Species Act of 1973, as amended. The permit is 
associated with KIUC's Short-Term Habitat Conservation Plan (Short-Term 
HCP) that addresses incidental take of three listed bird species caused 
by the operation and maintenance of KIUC's existing and anticipated 
electrical utility facilities on Kauai, Hawaii. The applicant is 
requesting renewal of the permit for an indefinite period until the 
Service renders a decision on a Long-Term HCP and permit application 
currently under development by KIUC. We are making the permit renewal 
application available for public review and comment.

DATES: All comments from interested parties must be received on or 
before July 16, 2018.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods:
     U.S. Mail: Field Supervisor, U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Room 3-122, Honolulu, Hawaii 96850. Include ``KIUC Short-
Term HCP'' in the subject line of your request or comment.
     Email: [email protected]. Include ``KIUC Short-
Term HCP'' in the subject line of the message.
     Fax: 808-792-9580, Attn: Field Supervisor. Include ``KIUC 
Short-Term HCP'' in the subject line of the message.
     Internet: You may obtain copies of this notice on the 
internet at https://www.fws.gov/pacificislands/, or from the Service's 
Pacific Islands Fish and Wildlife Office in Honolulu, Hawaii (see FOR 
FURTHER INFORMATION CONTACT section).
    We request that you send comments by only one of the methods 
described above. See the Public Availability of Comments section below 
for more information.

FOR FURTHER INFORMATION CONTACT: Leila Nagatani, U.S. Fish and Wildlife 
Service (see ADDRESSES above), telephone (808) 792-9400. Hearing or 
speech impaired individuals may call the Federal Relay Service at 800-
877-8339 for TTY assistance.

SUPPLEMENTARY INFORMATION: The Kauai Island Utility Cooperative (KIUC, 
or applicant) has submitted an application to the U.S. Fish and 
Wildlife Service (Service) for renewal of their incidental take permit 
(permit) under the Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.). The permit is associated with KIUC's Short-Term 
Habitat Conservation Plan (Short-Term HCP) that addresses incidental 
take of three listed species caused by the operation and maintenance of 
KIUC's existing and anticipated electrical utility facilities on Kauai, 
Hawaii. The applicant is

[[Page 28009]]

requesting renewal of the permit to authorize incidental take of the 
federally endangered Hawaiian petrel, the federally endangered band-
rumped storm-petrel, and the federally threatened Newell's (Townsends) 
shearwater (collectively referred to as ``Covered Species'') for an 
indefinite period until the Service renders a decision on a Long-Term 
HCP and permit application currently under development by KIUC. We are 
making the permit renewal application available for public review and 
comment.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538 and 16 
U.S.C. 1533). 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 
incidental take permits 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 a proposed 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 
Service 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.
    A permittee may submit an application for renewal of their permit 
if they certify that all information in the original application 
remains current and correct, unless previously changed or corrected. If 
such information is no longer current or correct, they must provide 
corrected information; see 50 CFR 13.22(a). The Service shall issue a 
renewal of a permit if the issuance criteria set forth in 50 CFR 
13.21(b) are met and the applicant for renewal is not disqualified. The 
Service may deny renewal of a permit to an applicant who fails to meet 
the issuance criteria set forth in Sec.  13.21 or the parts or sections 
specifically governing the activity for which renewal is requested 
(discussed above); see 50 CFR 13.22(d). Under certain conditions, an 
entity holding a valid, renewable permit may continue the activities 
authorized by the expired permit until the Service acts on the 
application for renewal; see 50 CFR 13.22(c).

Covered Species

    The federally endangered Hawaiian petrel (Pterodroma 
sandwichensis), the federally endangered Hawaii population (distinct 
population segment (DPS)) of the band-rumped storm petrel (Oceanodroma 
castro), and the federally threatened Newell's Townsend's shearwater 
(Puffinus auricularis newelli) or Newell's shearwater (as a subspecies 
of the Townsend's shearwater), are seabirds that breed on Kauai and 
feed in the open ocean. Each of these species spends a large part of 
the year at sea. Adults generally return to their colonial nesting 
grounds in the interior mountains of Kauai beginning in March and 
April, and depart beginning in September. Juvenile seabirds travel from 
the nesting colony to the sea in the fall. Both adults and juveniles 
are known to collide with tall buildings, towers, power lines, and 
other structures while flying at night between their nesting colonies 
and at-sea foraging areas. These birds, and particularly juveniles, are 
also attracted to bright lights. Disoriented birds are commonly 
observed circling repeatedly around exterior light sources until they 
fall to the ground or collide with structures.

KIUC Short-Term HCP

    KIUC is a not-for-profit, tax-exempt cooperative association owned 
by its ratepayer/customers and governed by a publicly-elected Board of 
Directors. It generates and distributes electricity to the entire 
island of Kauai, Hawaii. KIUC's existing facilities include over 1,400 
miles of electrical transmission and distribution lines, two fossil 
fuel-fired generating stations, two hydroelectric stations, two 12-
megawatt solar energy parks, 14 substations, and approximately 3,500 
streetlights. KIUC developed a Short-Term HCP that addresses incidental 
take of the three Covered Species caused by the operation and 
maintenance of KIUC's existing and anticipated facilities over a period 
of up to 5 years from 2011 to 2016.
    In 2011, the KIUC Short-Term HCP was approved by the Service, and 
KIUC received a permit for incidental take of the Covered Species. The 
Short-Term HCP covers activities within all areas on Kauai where KIUC's 
facilities (e.g., generating stations, power lines, utility poles, 
lights) are located. These activities include the continuing operation, 
maintenance, and repair of all existing facilities, and the 
construction, operation, maintenance, and repair of certain new 
facilities, during the term of the permit. The Short-Term HCP describes 
the impacts of take incidental to those activities on the Covered 
Species, and provides certain measures to minimize and mitigate the 
impacts of such take on each of the Covered Species.
    The Covered Species are subject to injury or mortality as a result 
of colliding with KIUC-owned power lines and utility infrastructure, 
and injury or mortality as a result of attraction to nighttime lighting 
from KIUC-owned and operated streetlights and facilities. The Short-
Term HCP permit authorized an annual take amount of 162 Newell's 
shearwaters, 2 Hawaiian petrels, and 2 band-rumped storm petrels over a 
5-year period, as a result of attraction to, or collision with, KIUC 
facilities. In total, the permit authorized a combined take amount of 
830 sub-adults or adults of the Covered Species.
    Current estimates of the Newell's shearwater population on Kauai, 
where 90 percent of the total population nests, range from 16,400 to 
33,400, based on at-sea population estimates from 1998 through 2011 
(Joyce 2013). Analyses of radar data (a proxy for the breeding 
population) suggest that the Newell's shearwater population on Kauai 
declined 94 percent between 1993 and 2013 (an average annual rate of 13 
percent) (Raine et al. 2017a).
    The Hawaiian petrel population nests on several of the southeastern 
Hawaiian Islands, including Hawaii, Kauai, Lanai, and Maui, and the 
total population is

[[Page 28010]]

estimated at 19,000 individuals (Spear et al. 1995). While the majority 
of the breeding population nests on Maui within Haleakal[amacr] 
National Park (over 2,500 nests; HAVO 2015), all extant populations of 
Hawaiian petrels across the Hawaiian Islands are biologically valuable 
toward ensuring the survival and recovery of the species. The Kauai 
population of Hawaiian petrels decreased by 78 percent (an average of 6 
percent per year) between 1993 and 2013, according to trends in radar 
data over the 20 year period (Raine et al. 2017a).
    The band-rumped storm-petrel occurs in Japan, Hawaii, Galapagos 
Islands, and subtropical areas of the Atlantic. The Hawaii DPS of the 
band-rumped storm-petrel is found on the islands of Hawaii, Maui, 
Kauai, and Lehua. The band-rumped storm-petrel is known to nest in 
remote areas on vegetated to sparsely vegetated cliff faces or steeply 
sloping areas on Kauai and Lehua Islet (VanderWerf et al. 2007; Raine 
et al. 2017b). It has also been known to occur in sparsely vegetated 
areas, high-elevation lava fields on Hawaii Island (Banko et al. 1991; 
Banko 2015 in litt.), and possibly Haleakal[amacr] Crater on Maui, 
where several birds were heard calling (Wood et al. 2002). An estimate 
of the number of band-rumped storm-petrels within the Hawaiian Islands 
is not available at this time.
    Seabird colony monitoring data reflect significant threats from 
feral pig, cat, barn owl, and rat predation, as well as habitat 
degradation from invasive plants. Combined with the take caused by 
power line collisions and light attraction, the above threats have 
resulted in the dramatic decline of several breeding colonies on Kauai, 
including Kalaheo and Kaluahonu, to the point of near extirpation 
(Raine et al. 2017a).
    The 2011 Short-Term HCP established a comprehensive monitoring and 
research program designed to further evaluate the impact of the power 
line system on seabird populations and to provide key biological data 
to more adequately inform a longer term HCP and take authorization. To 
this end, KIUC provides funding to the Kauai Endangered Seabird 
Recovery Project (KESRP), a project of the University of Hawaii's 
Pacific Cooperative Studies Unit, to monitor seabird colonies and 
develop approaches to assess seabird-power line collisions. Due to the 
remote location of many power lines on Kauai and the nocturnal behavior 
of seabirds, in 2012, KESRP developed an acoustic song-meter monitoring 
system to detect seabird collisions. This acoustic system became the 
foundation for KIUC's Underline Monitoring Program (UMP) and has been 
accepted and is funded by KIUC.
    During the course of implementation of the KIUC Short-Term HCP, 
KESRP observed a total of 43 seabird power line collisions using night 
vision equipment. Of the 43 seabird power line collisions observed, 
four of these collision events definitively resulted in an immediate 
grounded bird within the observer's field of view. Additionally, about 
25 deceased Newell's shearwaters have been opportunistically found from 
2011 through 2015, associated with KIUC power lines or lights. The 
acoustic system, which is able to monitor the power lines for seabird 
collisions more extensively than human observers can, has detected a 
minimum in excess of 1,000 seabird collision events annually in 2014, 
2015, and 2016 (KIUC Short-Term HCP 2014, 2015, and 2016 UMP Reports). 
Despite the above strike monitoring data, the applicant has only 
requested take authorization at the original permit level of 166 listed 
seabirds per year in its permit renewal application. KIUC's request for 
extension without an amendment means its actual take would likely 
continue to exceed the authorized level should the permit be renewed.
    Since 2012, KESRP, in collaboration with KIUC, has identified all 
high and medium risk power line spans that pose a threat to the Covered 
Species. These high and medium risk lines are continually monitored 
every year, and those data are used to plan and test for effective 
minimization measures, including reconfiguring lines or installing bird 
diverters. While the acoustic system has been successful in detecting 
seabird power line collisions, only a subset of the power line system 
can be monitored and therefore collisions outside of the monitored 
areas must be estimated. Moreover, while a minimum of over 1,000 
seabird collision events have been detected in 2016, the fate of the 
birds that collided with these lines is unknown. Based on KESRP field 
observations, it is certain that some portion of these collisions 
results in immediate grounding or mortality, and that some additional 
proportion results in harm or injury, or potential mortality sometime 
after the collision event. Previous scientific studies based on 
waterfowl and their interactions with power lines have estimated that 
this subsequent mortality after the collision event could range from 20 
percent to 74 percent of total detected collisions (Bevanger 1995; 
Bevanger 1999; Beaulaurier 1981; and Shaw et al. 2010).
    The Short-Term HCP has been successful in guiding measures that 
KIUC has implemented to partially mitigate the impacts of the taking of 
the Covered Species caused by its existing facilities, increasing 
knowledge related to the impact of KIUC's power line system on seabird 
populations, providing key biological data concerning the Covered 
Species, and improving our understanding of the effectiveness of 
conservation measures to more adequately inform a longer term habitat 
conservation plan and take authorization.
    Since 2011, under the Short-Term HCP, KIUC spent approximately $7.7 
million to implement seabird colony management (i.e., predator control 
and seabird monitoring) and the retrieval and rehabilitation of 
seabirds on Kauai. KIUC has undergrounded or reconfigured 25 percent of 
their identified high collision-risk power lines since 2011 and 
installed bird deterrent devices to minimize impacts from high 
collision-risk power lines. Although KIUC's current mitigation and 
minimization programs are meaningful, these efforts are likely not 
commensurate with the actual level of take occurring.
    The Short-Term HCP permit expiration date was in May 2016. On April 
12, 2016, one month before permit expiration, we received an 
application for renewal of that permit pending preparation of a Long-
Term HCP.

Request for Information

    We specifically request information from the public on whether the 
application meets the statutory and regulatory requirements and 
criteria for renewal of a permit. We are also soliciting information 
regarding the adequacy of a potentially renewed Short-Term HCP and 
permit to minimize, mitigate, and monitor the impacts of the taking of 
the Covered Species caused by KIUC's covered activities, and to provide 
for adaptive management for an indefinite period until the Service 
renders a decision on a Long-Term HCP and permit application currently 
under development by KIUC, as evaluated against our permit issuance 
criteria found in section 10(a) of the ESA, 16 U.S.C. 1539(a), and 50 
CFR 13.21, 17.22, and 17.32.

Public Availability of Comments

    You may submit your comments and materials by one of the methods 
listed above in the ADDRESSES section. Before including your address, 
phone number, or other personal identifying information in your 
comment, you should be aware that your entire comment--including your 
personal

[[Page 28011]]

identifying information--might be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so. Comments and materials we receive will be 
available for public inspection by appointment, during normal business 
hours, at the Service's Pacific Islands Fish and Wildlife Office (see 
FOR FURTHER INFORMATION CONTACT section).

Authority

    We provide this notice in accordance with the requirements of 
section 10 of the ESA (16 U.S.C. 1531 et seq.).

Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-12889 Filed 6-14-18; 8:45 am]
 BILLING CODE 4333-15-P


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