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]
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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.
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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:
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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
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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices
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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
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• 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
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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
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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
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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
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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 .......................................................................................
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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
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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
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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.
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]]>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.
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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
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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
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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
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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
