Permits for Incidental Take of Eagles and Eagle Nests; Correction and Technical Amendment, 83629-83631 [2024-23973]
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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Rules and Regulations
This document corrects an
error by deleting an incorrect sentence
in the Final Regulatory Flexibility
Analysis section of a final rule that
appeared in the Federal Register on
September 24, 2024, regarding the
implementation of Next Generation 911.
DEPARTMENT OF THE INTERIOR
SUPPLEMENTARY INFORMATION:
Fish and Wildlife Service
Background
This correction is effective
October 17, 2024.
RIN 1018–BE70
SUMMARY:
DATES:
FOR FURTHER INFORMATION CONTACT:
For
further information, contact John
Evanoff of the Public Safety and
Homeland Security Bureau, Policy and
Licensing Division, at John.Evanoff@
fcc.gov or 202–418–0848.
The
Federal Communications Commission
(the Commission) is correcting an error
in the Facilitating Implementation of
Next Generation 911 Services (NG911);
Location-Based Routing for Wireless 911
Calls; Report and Order, published as a
final rule in the Federal Register on
September 24, 2024, at 89 FR 78066. In
the Final Regulatory Flexibility
Analysis, an incorrect sentence was
inadvertently included that created an
inconsistency with the rest of the
document. The Commission released a
Second Erratum on October 1, 2024 that
deleted the corresponding incorrect
sentence in the Report and Order.
SUPPLEMENTARY INFORMATION:
Correction
In FR Doc. No. 2024–18603, in the
Federal Register of September 24, 2024,
on page 78118, in the first and second
column, the following sentence is
removed:
‘‘For all OSPs, the initial compliance
date will be extended based on the
effective date of the rules—i.e. no OSP
must comply with a 911 Authority
Phase 1 request sooner than one year
after the effective date of these rules,
regardless of the timing of the 911
Authority’s request.’’.
Federal Communications Commission.
Debra Jordan,
Chief, Public Safety and Homeland Security
Bureau.
[FR Doc. 2024–23894 Filed 10–16–24; 8:45 am]
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50 CFR Parts 13 and 22
[Docket No. FWS–HQ–MB–2020–0023;
FF09M30000–245–FXMB12320900000]
Permits for Incidental Take of Eagles
and Eagle Nests; Correction and
Technical Amendment
Fish and Wildlife Service,
Interior.
ACTION: Final rule; correction and
technical amendment.
AGENCY:
We, the U.S. Fish and
Wildlife Service, correct and amend a
final rule that revised the regulations for
the issuance of permits for eagle
incidental take and eagle nest take. A
provision of the regulations in the final
rule specifies eligibility criteria for
general permits for wind energy projects
based on eagle relative abundance and
proximity to eagle nests. We have
become aware of confusion on the part
of some general permit applicants
regarding this provision in the
regulations. Accordingly, this document
revises the regulatory text of the final
rule to ensure clarity. In addition, the
final rule inadvertently resulted in
errors regarding footnotes to a table.
This document corrects those errors. For
the convenience of the public, we also
provide information to access the
Service’s online mapping tool for
general permit eligibility.
DATES: This rule is effective October 17,
2024.
ADDRESSES: The final rule and
supplemental documents, including an
environmental assessment, list of
references cited, technical appendices,
and public comments received, are
available at https://www.regulations.gov
in Docket No. FWS–HQ–MB–2020–
0023. Documents and additional
information can also be found at:
https://www.fws.gov/regulations/eagle.
FOR FURTHER INFORMATION CONTACT:
Jerome Ford, Assistant Director—
Migratory Birds Program, U.S. Fish and
Wildlife Service, telephone: (703) 358–
2606, email: jerome_ford@fws.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point of
contact in the United States.
SUMMARY:
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83629
On February 12, 2024, under the
authority of the Bald and Golden Eagle
Protection Act (16 U.S.C. 668–668d;
hereafter, the ‘‘Eagle Act’’), the U.S. Fish
and Wildlife Service published a final
rule to revise the regulations in title 50
of the Code of Federal Regulations (CFR)
that govern the issuance of permits for
eagle incidental take and eagle nest take
(89 FR 9920). That rule created general
permits for certain activities under
prescribed conditions, including general
permit options for qualifying wind
energy generation projects. While the
rule primarily pertained to the
regulations in 50 CFR part 22, Eagle
Permits, the rule also included revisions
to 50 CFR part 13, General Permit
Procedures.
Correction
The February 12, 2024, final rule (89
FR 9920) resulted in improper
codification of the footnotes to a table at
50 CFR 13.11(d)(4). This rule corrects
the errors described below.
Prior to the rule becoming effective on
April 12, 2024, the table at 50 CFR
13.11(d)(4) had four footnotes, the first
of which was indicated by a superscript
1 in a column heading: ‘‘Administration
fee.1 ’’
In the February 12, 2024, final rule,
the amendatory instruction for revising
the table at 50 CFR 13.11(d)(4)
(appearing at 89 FR 9956 as amendatory
instruction 3) was written erroneously.
The amendatory instruction correctly
included an instruction to revise
footnote 1; however, it did not include
an instruction to revise the column
headings to add a superscript for
footnote 1 to an additional column
heading (i.e., ‘‘Permit application fee’’).
Moreover, the corresponding text
below the amendatory instruction
erroneously displayed the headings for
the table with these column headings:
‘‘Permit application fee 1’’ and
‘‘Administration fee 2’’ and included
accompanying footnotes 1 and 2 at the
end of the table. However, these
indicated revisions were in error as
footnote 2 already occurs in the table
under the subheading ‘‘Endangered
Species Act/CITES/Lacey Act’’ and
should not have been revised via this
final rule.
In addition to these errors in the final
rule, the codification of the final rule’s
changes to the footnotes to the table at
50 CFR 13.11(d)(4) resulted in errors. As
codified in the e-CFR (https://
www.ecfr.gov/), the table as now
displayed includes only footnotes 3 and
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Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Rules and Regulations
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4; footnotes 1 and 2 no longer appear
below the table.
Accordingly, this document revises
the table at 50 CFR 13.11(d)(4) to
indicate that both the column headings
for ‘‘Permit application fee’’ and
‘‘Administration fee’’ include a
superscript for footnote 1. This
document also sets forth correct text for
footnote 1 and reinstates footnote 2,
which was erroneously removed during
the codification process for the final
rule. These revisions are procedural in
nature and not substantive. The
sentences set forth in the rule portion of
this document for footnote 1 are
verbatim as had been set forth for
footnotes 1 and 2 in the final rule; the
only change is that, in this document,
those sentences are now combined to
form a single footnote.
Technical Amendment
Under the regulations set forth in the
final rule at 50 CFR 22.250, the
eligibility criteria for the Service to
issue a general permit for wind energy
generation projects include a
combination of eagle relative abundance
in the project area and proximity to
eagle nests. Relative-abundance
thresholds are the basis for our
determination that general permits are
compatible with the preservation of
eagles, as required by the Eagle Act and
our implementing regulations. The
Service used the best available
information to derive relativeabundance thresholds that determine
whether wind energy projects are
eligible for a general permit. That
information consists of the Cornell Lab
of Ornithology’s Status and Trends
definition of ‘‘relative abundance’’ and
relative-abundance products derived
from eBird data (Cornell Lab of
Ornithology, Ithaca, New York,
available at: https://science.ebird.org/
en/status-and-trends).
Eligibility for general permits must be
determined as described in the
environmental assessment (EA) that
accompanied the final rule. The eagle
relative-abundance threshold values
published in the final rule were
calculated based on the Cornell Lab of
Ornithology’s eagle relative-abundance
data and products. Thresholds are
therefore applicable only to relativeabundance estimates from 2020 that
consider detection rates, topography,
and habitat and represent the
coterminous United States at a 3-km2
resolution for the pre-breeding
migration, breeding, post-breeding
migration, and non-breeding seasons for
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17:01 Oct 16, 2024
Jkt 265001
bald eagles and golden eagles. This
information and these data sources are
described in detail in appendix A of the
final EA for the rule, available at https://
www.regulations.gov/document/FWSHQ-MB-2020-0023-9352.
To ensure that all general permits are
consistent with the statute’s
preservation standard, general permit
eligibility must be determined using
eagle relative-abundance data and
products from 2020. While we view this
requirement as the logical and clearly
expressed intent in the final rule and
accompanying EA, we have learned that
some members of the public have not
understood this requirement.
Accordingly, in this rule we revise the
regulatory text at § 22.250(c)(1)(ii) by
adding text to explicitly communicate
the requirement that eagle relativeabundance data and products from 2020
must be used to determine general
permit eligibility for wind projects. We
are making no change to the second
eligibility requirement, the proximity to
eagle nests at the time of application,
which appears at § 22.250(c)(1)(i). This
determination must be based on recent
nest survey(s). Project proponents are
expected to survey for eagle nests with
due diligence and in accordance with
any Service guidance for nest surveys.
We encourage applicants to determine
project eligibility using a mapping tool
produced by the Service. We created an
online mapping tool to help project
proponents quickly determine eagle
relative abundance and permit
eligibility. You may access the permiteligibility map at https://
www.sciencebase.gov/catalog/item/
6584c3ded34eff134d42da68.
Administrative Procedure
Generally, the Administrative
Procedure Act (APA) requires a Federal
agency to provide the public with notice
and an opportunity to comment on
agency rulemakings. 5 U.S.C. 553(b).
The APA, however, creates an exception
in case where an agency for good cause
determines ‘‘that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.’’ Id. at 553(b)(3)(B). Pursuant to
5 U.S.C. 553(b)(3)(B), we find good
cause that prior notice and opportunity
for public comment are unnecessary for
this rule because it serves merely to
correct errors and better communicate
existing requirements in the original
rule. This rule amendment will help to
ensure efficient and accurate permit
processing and does not alter existing
rights or change existing requirements
PO 00000
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in the rule that it modifies; therefore,
public comment would not inform this
process in any meaningful way.
Furthermore, the APA generally
provides that a final rule may not
become effective until at least 30 days
after its publication in the Federal
Register unless the agency determines
that good cause exists to dispense with
this requirement under 5 U.S.C.
553(d)(3). Here, we have good cause to
make this rule effective upon
publication. Because some members of
the public have failed to understand the
correct eligibility criteria, it is important
for the proper administration of our
programs that we clarify the correct
requirements in the Code of Federal
Regulations as soon as possible so that
the regulations clearly and accurately
inform permit applicants how they can
properly determine compliance with
eligibility criteria. Therefore, a 30-day
waiting period until this rule becomes
effective would serve no purpose for the
Service or the regulated community and
would only extend any potential
confusion over the existing rule’s
eligibility criteria.
List of Subjects
50 CFR Part 13
Administrative practice and
procedure, Exports, Fish, Imports,
Plants, Reporting and recordkeeping
requirements, Transportation, Wildlife.
50 CFR Part 22
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
Accordingly, we hereby amend parts
13 and 22 of subchapter B of chapter I,
title 50 of the Code of Federal
Regulations, as set forth below:
PART 13—GENERAL PERMIT
PROCEDURES
1. The authority citation for part 13
continues to read as follows:
■
Authority: 16 U.S.C. 668a, 704, 712, 742j–
l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374,
4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31
U.S.C. 9701.
2. In § 13.11, amend the table in
paragraph (d)(4) by revising the column
headings and the four table footnotes to
read as follows:
■
§ 13.11
Application procedures.
*
*
*
(d) * * *
(4) * * *
*
*
*
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*
*
*
*
83631
Federal Register / Vol. 89, No. 201 / Thursday, October 17, 2024 / Rules and Regulations
Type of
permit
*
CFR citation
*
*
Permit
application fee 1
*
Administration fee 1
*
*
Amendment fee
*
1A
reimbursable agreement may be required for specific eagle permits to cover the costs above estimated staff-hours. An administration fee
will be assessed at the time of application, in addition to the application fee.
2 Each.
3 Per animal.
4 Per species.
*
*
*
*
§ 22.250 Permits for incidental take of
eagles by wind energy projects.
*
PART 22—EAGLE PERMITS
*
3. The authority citation for part 22
continues to read as follows:
■
Authority: 16 U.S.C. 668–668d; 703–712;
1531–1544.
4. Amend § 22.250 by revising and
republishing paragraph (c)(1)(ii) to read
as follows:
■
*
*
*
*
(c) * * *
(1) * * *
(ii) Located in areas characterized by
seasonal relative-abundance values that
are less than the relative-abundance
values for the date range for each
species in tables 1 and 2, as determined
by using relative-abundance data from
2020. Eligibility determinations must be
based on 2020 relative-abundance
estimates that consider detection rates,
topography, and habitat and represent
the coterminous United States at a
3-km2 resolution for the pre-breeding
migration, breeding, post-breeding
migration, and non-breeding seasons for
bald eagles and golden eagles. Use of the
following data and products satisfy the
requirements of this paragraph (c)(1)(ii):
(A) Cornell Lab of Ornithology
relative-abundance data and products
for bald eagles and golden eagles from
2020, published in 2021.
(B) [Reserved]
TABLE 1 TO PARAGRAPH (c)(1)(ii)—RELATIVE-ABUNDANCE VALUE THRESHOLDS FOR BALD EAGLES THROUGHOUT THE
YEAR
Date range
1.
2.
3.
4.
Bald eagle relative abundance
February 15–May 23 .......................................................................................................................................
May 24–July 19 ...............................................................................................................................................
July 20–December 20 .....................................................................................................................................
December 21–February 14 .............................................................................................................................
0.821
0.686
0.705
1.357
TABLE 2 TO PARAGRAPH (c)(1)(ii)—RELATIVE-ABUNDANCE VALUE THRESHOLDS FOR GOLDEN EAGLES THROUGHOUT THE
YEAR
Date range
1.
2.
3.
4.
*
Golden eagle relative abundance
February 8–June 6 ..........................................................................................................................................
June 7–August 30 ...........................................................................................................................................
August 31–December 6 ...................................................................................................................................
December 7–February 7 .................................................................................................................................
*
*
*
*
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2024–23973 Filed 10–16–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Rules and Regulations]
[Pages 83629-83631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23973]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 13 and 22
[Docket No. FWS-HQ-MB-2020-0023; FF09M30000-245-FXMB12320900000]
RIN 1018-BE70
Permits for Incidental Take of Eagles and Eagle Nests; Correction
and Technical Amendment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule; correction and technical amendment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, correct and amend a
final rule that revised the regulations for the issuance of permits for
eagle incidental take and eagle nest take. A provision of the
regulations in the final rule specifies eligibility criteria for
general permits for wind energy projects based on eagle relative
abundance and proximity to eagle nests. We have become aware of
confusion on the part of some general permit applicants regarding this
provision in the regulations. Accordingly, this document revises the
regulatory text of the final rule to ensure clarity. In addition, the
final rule inadvertently resulted in errors regarding footnotes to a
table. This document corrects those errors. For the convenience of the
public, we also provide information to access the Service's online
mapping tool for general permit eligibility.
DATES: This rule is effective October 17, 2024.
ADDRESSES: The final rule and supplemental documents, including an
environmental assessment, list of references cited, technical
appendices, and public comments received, are available at https://www.regulations.gov in Docket No. FWS-HQ-MB-2020-0023. Documents and
additional information can also be found at: https://www.fws.gov/regulations/eagle.
FOR FURTHER INFORMATION CONTACT: Jerome Ford, Assistant Director--
Migratory Birds Program, U.S. Fish and Wildlife Service, telephone:
(703) 358-2606, email: [email protected]. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point of contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
On February 12, 2024, under the authority of the Bald and Golden
Eagle Protection Act (16 U.S.C. 668-668d; hereafter, the ``Eagle
Act''), the U.S. Fish and Wildlife Service published a final rule to
revise the regulations in title 50 of the Code of Federal Regulations
(CFR) that govern the issuance of permits for eagle incidental take and
eagle nest take (89 FR 9920). That rule created general permits for
certain activities under prescribed conditions, including general
permit options for qualifying wind energy generation projects. While
the rule primarily pertained to the regulations in 50 CFR part 22,
Eagle Permits, the rule also included revisions to 50 CFR part 13,
General Permit Procedures.
Correction
The February 12, 2024, final rule (89 FR 9920) resulted in improper
codification of the footnotes to a table at 50 CFR 13.11(d)(4). This
rule corrects the errors described below.
Prior to the rule becoming effective on April 12, 2024, the table
at 50 CFR 13.11(d)(4) had four footnotes, the first of which was
indicated by a superscript 1 in a column heading: ``Administration
fee.\1\ ''
In the February 12, 2024, final rule, the amendatory instruction
for revising the table at 50 CFR 13.11(d)(4) (appearing at 89 FR 9956
as amendatory instruction 3) was written erroneously. The amendatory
instruction correctly included an instruction to revise footnote 1;
however, it did not include an instruction to revise the column
headings to add a superscript for footnote 1 to an additional column
heading (i.e., ``Permit application fee'').
Moreover, the corresponding text below the amendatory instruction
erroneously displayed the headings for the table with these column
headings: ``Permit application fee \1\'' and ``Administration fee \2\''
and included accompanying footnotes 1 and 2 at the end of the table.
However, these indicated revisions were in error as footnote 2 already
occurs in the table under the subheading ``Endangered Species Act/
CITES/Lacey Act'' and should not have been revised via this final rule.
In addition to these errors in the final rule, the codification of
the final rule's changes to the footnotes to the table at 50 CFR
13.11(d)(4) resulted in errors. As codified in the e-CFR (https://www.ecfr.gov/), the table as now displayed includes only footnotes 3
and
[[Page 83630]]
4; footnotes 1 and 2 no longer appear below the table.
Accordingly, this document revises the table at 50 CFR 13.11(d)(4)
to indicate that both the column headings for ``Permit application
fee'' and ``Administration fee'' include a superscript for footnote 1.
This document also sets forth correct text for footnote 1 and
reinstates footnote 2, which was erroneously removed during the
codification process for the final rule. These revisions are procedural
in nature and not substantive. The sentences set forth in the rule
portion of this document for footnote 1 are verbatim as had been set
forth for footnotes 1 and 2 in the final rule; the only change is that,
in this document, those sentences are now combined to form a single
footnote.
Technical Amendment
Under the regulations set forth in the final rule at 50 CFR 22.250,
the eligibility criteria for the Service to issue a general permit for
wind energy generation projects include a combination of eagle relative
abundance in the project area and proximity to eagle nests. Relative-
abundance thresholds are the basis for our determination that general
permits are compatible with the preservation of eagles, as required by
the Eagle Act and our implementing regulations. The Service used the
best available information to derive relative-abundance thresholds that
determine whether wind energy projects are eligible for a general
permit. That information consists of the Cornell Lab of Ornithology's
Status and Trends definition of ``relative abundance'' and relative-
abundance products derived from eBird data (Cornell Lab of Ornithology,
Ithaca, New York, available at: https://science.ebird.org/en/status-and-trends).
Eligibility for general permits must be determined as described in
the environmental assessment (EA) that accompanied the final rule. The
eagle relative-abundance threshold values published in the final rule
were calculated based on the Cornell Lab of Ornithology's eagle
relative-abundance data and products. Thresholds are therefore
applicable only to relative-abundance estimates from 2020 that consider
detection rates, topography, and habitat and represent the coterminous
United States at a 3-km\2\ resolution for the pre-breeding migration,
breeding, post-breeding migration, and non-breeding seasons for bald
eagles and golden eagles. This information and these data sources are
described in detail in appendix A of the final EA for the rule,
available at https://www.regulations.gov/document/FWS-HQ-MB-2020-0023-9352.
To ensure that all general permits are consistent with the
statute's preservation standard, general permit eligibility must be
determined using eagle relative-abundance data and products from 2020.
While we view this requirement as the logical and clearly expressed
intent in the final rule and accompanying EA, we have learned that some
members of the public have not understood this requirement.
Accordingly, in this rule we revise the regulatory text at Sec.
22.250(c)(1)(ii) by adding text to explicitly communicate the
requirement that eagle relative-abundance data and products from 2020
must be used to determine general permit eligibility for wind projects.
We are making no change to the second eligibility requirement, the
proximity to eagle nests at the time of application, which appears at
Sec. 22.250(c)(1)(i). This determination must be based on recent nest
survey(s). Project proponents are expected to survey for eagle nests
with due diligence and in accordance with any Service guidance for nest
surveys.
We encourage applicants to determine project eligibility using a
mapping tool produced by the Service. We created an online mapping tool
to help project proponents quickly determine eagle relative abundance
and permit eligibility. You may access the permit-eligibility map at
https://www.sciencebase.gov/catalog/item/6584c3ded34eff134d42da68.
Administrative Procedure
Generally, the Administrative Procedure Act (APA) requires a
Federal agency to provide the public with notice and an opportunity to
comment on agency rulemakings. 5 U.S.C. 553(b). The APA, however,
creates an exception in case where an agency for good cause determines
``that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' Id. at 553(b)(3)(B).
Pursuant to 5 U.S.C. 553(b)(3)(B), we find good cause that prior notice
and opportunity for public comment are unnecessary for this rule
because it serves merely to correct errors and better communicate
existing requirements in the original rule. This rule amendment will
help to ensure efficient and accurate permit processing and does not
alter existing rights or change existing requirements in the rule that
it modifies; therefore, public comment would not inform this process in
any meaningful way.
Furthermore, the APA generally provides that a final rule may not
become effective until at least 30 days after its publication in the
Federal Register unless the agency determines that good cause exists to
dispense with this requirement under 5 U.S.C. 553(d)(3). Here, we have
good cause to make this rule effective upon publication. Because some
members of the public have failed to understand the correct eligibility
criteria, it is important for the proper administration of our programs
that we clarify the correct requirements in the Code of Federal
Regulations as soon as possible so that the regulations clearly and
accurately inform permit applicants how they can properly determine
compliance with eligibility criteria. Therefore, a 30-day waiting
period until this rule becomes effective would serve no purpose for the
Service or the regulated community and would only extend any potential
confusion over the existing rule's eligibility criteria.
List of Subjects
50 CFR Part 13
Administrative practice and procedure, Exports, Fish, Imports,
Plants, Reporting and recordkeeping requirements, Transportation,
Wildlife.
50 CFR Part 22
Exports, Imports, Reporting and recordkeeping requirements,
Transportation, Wildlife.
Accordingly, we hereby amend parts 13 and 22 of subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as set forth
below:
PART 13--GENERAL PERMIT PROCEDURES
0
1. The authority citation for part 13 continues to read as follows:
Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382,
1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C.
1202; 31 U.S.C. 9701.
0
2. In Sec. 13.11, amend the table in paragraph (d)(4) by revising the
column headings and the four table footnotes to read as follows:
Sec. 13.11 Application procedures.
* * * * *
(d) * * *
(4) * * *
* * * * *
[[Page 83631]]
----------------------------------------------------------------------------------------------------------------
Permit application Administration fee
Type of permit CFR citation fee \1\ \1\ Amendment fee
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ A reimbursable agreement may be required for specific eagle permits to cover the costs above estimated staff-
hours. An administration fee will be assessed at the time of application, in addition to the application fee.
\2\ Each.
\3\ Per animal.
\4\ Per species.
* * * * *
PART 22--EAGLE PERMITS
0
3. The authority citation for part 22 continues to read as follows:
Authority: 16 U.S.C. 668-668d; 703-712; 1531-1544.
0
4. Amend Sec. 22.250 by revising and republishing paragraph (c)(1)(ii)
to read as follows:
Sec. 22.250 Permits for incidental take of eagles by wind energy
projects.
* * * * *
(c) * * *
(1) * * *
(ii) Located in areas characterized by seasonal relative-abundance
values that are less than the relative-abundance values for the date
range for each species in tables 1 and 2, as determined by using
relative-abundance data from 2020. Eligibility determinations must be
based on 2020 relative-abundance estimates that consider detection
rates, topography, and habitat and represent the coterminous United
States at a 3-km\2\ resolution for the pre-breeding migration,
breeding, post-breeding migration, and non-breeding seasons for bald
eagles and golden eagles. Use of the following data and products
satisfy the requirements of this paragraph (c)(1)(ii):
(A) Cornell Lab of Ornithology relative-abundance data and products
for bald eagles and golden eagles from 2020, published in 2021.
(B) [Reserved]
Table 1 to Paragraph (c)(1)(ii)--Relative-Abundance Value Thresholds for
Bald Eagles Throughout the Year
------------------------------------------------------------------------
Date range Bald eagle relative abundance
------------------------------------------------------------------------
1. February 15-May 23................. 0.821
2. May 24-July 19..................... 0.686
3. July 20-December 20................ 0.705
4. December 21-February 14............ 1.357
------------------------------------------------------------------------
Table 2 to Paragraph (c)(1)(ii)--Relative-Abundance Value Thresholds for
Golden Eagles Throughout the Year
------------------------------------------------------------------------
Date range Golden eagle relative abundance
------------------------------------------------------------------------
1. February 8-June 6.................. 0.081
2. June 7-August 30................... 0.065
3. August 31-December 6............... 0.091
4. December 7-February 7.............. 0.091
------------------------------------------------------------------------
* * * * *
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-23973 Filed 10-16-24; 8:45 am]
BILLING CODE 4333-15-P
