Records of Decision for the Final Programmatic Environmental Impact Statement for Four Wind Energy Project Habitat Conservation Plans in Hawaii, 49547-49549 [2019-20410]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49547-49549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20410]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2019-N119; FXES11140100000-190-FF01E00000]


Records of Decision for the Final Programmatic Environmental 
Impact Statement for Four Wind Energy Project Habitat Conservation 
Plans in Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of records of decision and habitat 
conservation plans.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of four separate records of decision (RODs) under the 
Endangered Species Act--three RODs for the proposed issuance of three 
permit amendments and one ROD for the proposed issuance of one new 
permit. We also make available each project's respective habitat 
conservation plan (HCP) amendment or HCP. The RODs document the 
Service's decision to issue incidental take permit (ITP) amendments to 
three applicants--Kawailoa Wind, LLC; Auwahi Wind, LLC; and Kaheawa 
Wind Power II, LLC--and a new ITP to Tawhiri Power, LLC.

ADDRESSES: Electronic copies of the RODs and other documents associated 
with each of the four separate permit decisions are available using the 
following methods:
     Internet: Documents may be viewed and downloaded on the 
internet at https://www.fws.gov/pacificislands.
     U.S. Mail: You may obtain a CD with electronic copies of 
these documents if you make a request within 30 days after the date of 
publication of this notice by writing to Field Supervisor, U.S. Fish 
and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala 
Moana Boulevard, Room 3-122, Honolulu, HI 96850.
     Telephone: Call 808-792-9400 during regular business 
hours.

FOR FURTHER INFORMATION CONTACT: Michelle Bogardus, by phone at 808-
792-9473, or Darren LeBlanc, by phone at 808-792-9403. Persons who use 
a telecommunications device for the deaf may call the Federal Relay 
Service at 800-877-8339 for assistance.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of four separate records of 
decision (RODs) for the proposed issuance of an Endangered Species Act 
(ESA) section 10(a)(1)(B) incidental take permit (ITP) or ITP 
amendments to four wind energy companies for implementation of their 
respective projects and final habitat conservation plans (HCPs) or HCP 
amendments. Each ROD documents the Service's decision to issue an ITP 
to the respective applicant. As summarized in each ROD, the Service has 
selected Alternative 2, the proposed action, which includes 
implementation of the HCP and issuance of the ITP authorizing 
incidental take of one or more of the following covered species that 
may occur as a result of project operations during the permit period: 
The Hawaiian hoary bat ([revaps][omacr]pe[revaps]ape[revaps]a in 
Hawaiian; Lasiurus cinereus semotus), Hawaiian goose (n[emacr]n[emacr]; 
Branta sandvicensis), and the Hawaiian petrel ([revaps]ua[revaps]u; 
Pterodroma sandwichensis).
    We are advising the public of the availability of the RODs, 
developed in compliance with the agency decision-making requirements of 
the National Environmental Policy Act of 1969, as amended (NEPA), as 
well as the final HCP and HCP amendments as submitted by the 
applicants. All alternatives have been described in detail, evaluated, 
and analyzed in our final programmatic environmental impact statement 
(FPEIS). Our notice of availability of the FPEIS and four HCPs was 
published in the Federal Register on August 2, 2019 (84 FR 37909).

Background

    All four wind projects are currently constructed and operating. 
Three of the

[[Page 49548]]

projects (Auwahi Wind, KWP II, and Kawailoa Wind) have existing ITPs 
and are requesting amendments due to the addition of a new covered 
species or the exceedance of previously authorized incidental take of 
the Hawaiian hoary bat. One project, the Pakini Nui Wind Farm, was 
constructed and operating without a permit because they did not 
anticipate take of any listed species. Once an unauthorized take was 
identified, they developed an HCP and applied for an ITP. None of the 
projects' proposed actions includes additional development of the 
respective wind facility. The new or amended ITPs would authorize 
incidental take associated with the continued operation of existing 
wind turbines at each project.
    The PEIS was developed in accordance with the requirements of NEPA 
(42 U.S.C. 4321 et seq.) in response to four ITP applications. The 
Service determined that a programmatic NEPA analysis of the four 
similar wind energy project-related permit decisions would provide the 
following benefits: A comprehensive analysis of cumulative impacts 
across all projects; creation of a single document that the public 
would be more likely to understand; a reduction in duplicative 
information that would otherwise appear in four separate EISs; improved 
consistency in the NEPA analysis; and a more efficient and 
comprehensive solicitation of public input.
    Each HCP or HCP amendment describes how impacts to covered species 
would be minimized and mitigated. The HCPs also describe the covered 
species' life history and ecology, the HCP biological goals and 
objectives, the estimated take and its potential impact on covered 
species' populations, adaptive management and monitoring procedures, 
and mitigation measures for each project. Tawhiri Power, LLC, is 
requesting incidental take authorization for an estimated 26 Hawaiian 
hoary bats, 3 Hawaiian petrels, and 3 Hawaiian geese over a 10-year 
permit term. Auwahi Wind Energy, LLC, is requesting a permit amendment 
and incidental take coverage for an additional 119 Hawaiian hoary bats 
(for a total of 140 bats) over the 25-year permit term, which expires 
in 2037. KWP II, LLC, is requesting a permit amendment and incidental 
take authorization for an additional estimated 27 Hawaiian hoary bats 
(for a total of 38 bats) and an additional estimated 14 Hawaiian geese 
(for a total of 44 geese) over the 20-year permit term, which expires 
in 2032. Kawailoa Wind Power, LLC, is requesting a permit amendment and 
incidental take coverage for an additional estimated 160 Hawaiian hoary 
bats (for a total of 220 bats) and take of 24 Hawaiian petrels over the 
20-year permit term, which expires in 2031. Additional information on 
each specific project is described in the PEIS and RODs.

Purpose and Need

    The Service's purpose and need for the proposed permit actions is 
to respond to ITP applications submitted by the applicants, and to 
approve, approve with conditions, or deny the ITP applications. The 
Service's assessment of the ITP applications is complete, and was 
prepared pursuant to the requirements of section 10 of the ESA and its 
implementing regulations. Any ITP issued by the Service must meet all 
applicable requirements of the ESA.

Alternatives

    Our FPEIS analyzed the environmental impacts of no action and two 
alternatives related to the issuance of the ITPs and implementation of 
the HCPs. While the three alternatives are similar for the four 
projects, the results of implementing a particular alternative would be 
different for each project. The three alternatives are described below.
    Alternative 1--No Action: The no action alternative evaluates 
conditions as they would occur over the foreseeable future if the 
Service denied issuance of an ITP to the applicants and if the 
applicants did not implement their respective HCPs for the covered 
species. Under this alternative, the applicants would continue to 
conduct wind energy facility operations in accordance with existing 
State and Federal regulations. The applicants would remain subject to 
the prohibition on unauthorized taking of State and federally listed 
species. The Service expects that each applicant would act in a 
reasonable manner to avoid unauthorized take of the covered species 
over and above their existing permit authorizations (as applicable). To 
achieve this, the Service assumes that all applicants would implement 
other measures to limit the potential for take of listed species to 
occur. Any take that occurs over and above existing permit limits would 
not be authorized and would remain unmitigated.
    Alternative 2--Proposed Action: Under the proposed action, the 
Service would issue a separate ITP (amendment or a new ITP) to each of 
the four applicants, authorizing incidental take of the covered 
species. The new or amended ITP/HCP would be implemented as proposed by 
each applicant, including mitigation and minimization actions to 
address the effects of the incidental take. The applicants' operations 
and activities would be subject to the terms and conditions of the ITP/
HCP, as well as existing regulatory standards. Under the proposed 
action alternative, the three applicants with HCPs/ITPs currently in 
effect would continue to conduct their previously authorized mitigation 
activities as outlined in the no action alternative, in addition to the 
mitigation described in their HCP amendment.
    Alternative 3--Increased Curtailment: This alternative was 
developed to analyze the most practicable minimization measure for the 
actions proposed in the applicants' HCPs (Alternative 2) that would 
result in a reduction of take of the Hawaiian hoary bat at each of the 
facilities but also allow the applicants to meet their minimum required 
power production. Under Alternative 3, the Service would issue the ITPs 
authorizing a lower level of Hawaiian hoary bat take than what is 
anticipated by the applicants in their new or amended HCPs. Under this 
alternative, wind facility operations and maintenance activities would 
be shut down at all applicant wind turbines during nighttime hours from 
April 15 through September 15, and low wind speed curtailment 
activities would be implemented during the remainder of the year. These 
measures would result in a minimization of the take of adult Hawaiian 
hoary bats and eliminate indirect take of juvenile bats. Mitigation 
actions and corresponding monitoring activities would be reduced 
commensurate with take levels for each applicant.
    The environmental consequences of each alternative were analyzed in 
the FPEIS. The types of effects on covered species were similar across 
action alternatives, with take resulting from project operations being 
mitigated through land acquisition, species and habitat management, and 
research. Increasing the use of avoidance and minimization measures 
through different turbine curtailment regimes can reduce the amount of 
take of the covered species and the amount of renewable electricity 
produced; a commensurate reduction in the amount of incidental take of 
the covered species is expected with alternatives that include turbine 
curtailment.
    Public comments received in response to the draft PEIS were 
considered, and the FPEIS reflects clarifications of the existing 
analysis to address public comments.
    The FPEIS does not identify an environmentally preferred 
alternative. Pursuant to NEPA implementing regulations found at 40 CFR 
15.2(b), the

[[Page 49549]]

Service identified Alternative 3--Increased Curtailment as the 
environmentally preferred alternative in the RODs.

Decision and Rationale for Decision

    Based on our review of the alternatives and their environmental 
consequences as described in our FPEIS, we have selected the proposed 
action alternative (Alternative 2) for all four projects. The proposed 
action includes each applicant's implementation of their final HCP or 
HCP amendment, and the Service's issuance of an ITP authorizing take of 
the covered species that may occur incidental to the continued 
operation of each project.
    In order to issue each ITP under the ESA, we must determine that 
each of the HCPs meets the issuance criteria set forth in 16 U.S.C. 
1539(a)(2)(A) and (B). We have made that determination for each HCP, as 
described further in their respective RODs.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the ESA (16 U.S.C. 1539(c)) and its implementing 
regulations (50 CFR 17.22 and 17.32), and NEPA (42 U.S.C. 4321 et seq.) 
and its implementing regulations (40 CFR 1506.6; 43 CFR part 46).

Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 2019-20410 Filed 9-19-19; 8:45 am]
BILLING CODE 4333-15-P