Fish and Wildlife Service June 12, 2015 – Federal Register Recent Federal Regulation Documents

We, the U.S. Fish and Wildlife Service (Service), advise the public that we intend to prepare an environmental impact statement (EIS) to evaluate the impacts of several alternatives relating to the proposed issuance of Endangered Species Act (ESA) Incidental Take Permits (Permit(s) or ITP(s)) under the Midwest Wind Energy Multi- Species Habitat Conservation Plan (MSHCP). We also provide this notice to announce a public scoping period. The MSHCP is being prepared by the Service and their planning partners for wind energy development within an eight-state Plan Area. The activities covered under the MSHCP (``Covered Activities'') include the construction, operation, maintenance, and decommissioning of wind energy facilities within portions of the Plan Area where ESA incidental take coverage may be considered, as well as activities associated with the management of mitigation lands. The planning partners have requested incidental take coverage for eight species in the MSHCP (``Covered Species''), including six species that are federally listed, one species that is not federally listed but may become listed during the term of the MSHCP, and the bald eagle (Haliaeetus leucocephalus), which is protected under the Bald and Golden Eagle Protection Act (Eagle Act; 50 CFR 22.11). As allowed under the Eagle Act, we anticipate extending Eagle Act take authorization for bald eagle through the section 10(a)(1)(B) permit(s) associated with the MSHCP, provided permittees are in full compliance with the terms and conditions of the ITP and Eagle Act.

We, the U.S. Fish and Wildlife Service (Service), have received an application from Na Pua Makani Power Partners, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA). The applicant is requesting an ITP to authorize take of one threatened and six endangered species (``covered species''). If issued, the ITP would authorize incidental take of the covered species that may occur as a result of the construction and operation of the Na Pua Makani Wind Energy Project (Project). The ITP application includes a draft Habitat Conservation Plan (HCP) describing the applicant's actions and the measures the applicant will implement to minimize, mitigate, and monitor incidental take of the covered species. The Service also announces the availability of a draft Environmental Impact Statement (EIS) that has been prepared in response to the permit application in accordance with requirements of the National Environmental Policy Act (NEPA). We are making the ITP application, including the draft HCP and the draft EIS, available for public review and comment.