[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Proposed Rules]
[Pages 9529-9530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3700]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 22
[FWS-R9-MB-2011-N018; 91200-1231-9BPP]
RIN 1018-AX53
Migratory Birds; Draft Eagle Conservation Plan Guidance
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability for public comment of draft Eagle Conservation Plan
Guidance. The Guidance provides recommendations for agency staff and
developers to use an iterative process to avoid and minimize negative
effects on eagles and their habitats resulting from the construction,
operation and maintenance of land-based, wind energy facilities in the
United States.
DATES: We must receive any comments or suggestions by the end of the
day on May 19, 2011.
ADDRESSES: We have posted our draft Eagle Conservation Plan Guidance at
http://www.fws.gov/windenergy. You may submit e-mail comments to
windenergy@fws.gov. Please include ``Eagle Conservation Plan Guidance
Comments'' in the subject line of the message, and your full name and
return address in the body of your message. Please note that the e-mail
address will be closed when the public comment period closes.
Alternatively, you may submit comments or recommendations by mail to:
Attention: Eagle Conservation Plan Guidance; Division of Migratory Bird
Management; U.S. Fish and Wildlife Service; 4401 North Fairfax Drive,
Mail Stop 4107; Arlington, VA 22203-1610.
FOR FURTHER INFORMATION CONTACT: Jerome Ford, 703-358-2583.
SUPPLEMENTARY INFORMATION: The Service is charged with implementing
statutes including the Bald and Golden Eagle Protection Act (BGEPA),
the Migratory Bird Treaty Act, and the Endangered Species Act. BGEPA
prohibits all take of eagles unless otherwise authorized by the
Service. A goal of BGEPA is to achieve and maintain stable or
increasing populations of bald and golden eagles. The draft Eagle
Conservation Plan Guidance (draft Guidance) interprets and clarifies
the permit requirements in the regulations at 50 Code of Federal
Regulations (CFR) 22.26 and 22.27, and does not impose any binding
requirements beyond those specified in the regulations. The draft
Guidance provides a means of compliance with BGEPA by providing
recommendations for:
(1) Conducting early pre-construction assessments to identify
important eagle use areas;
(2) Avoiding, minimizing, and/or compensating for potential adverse
effects to eagles; and,
(3) Monitoring for impacts to eagles during construction and
operation.
The draft Guidance calls for scientifically rigorous surveys,
monitoring, risk assessment, and research designs proportionate to the
risk to eagles. The draft Guidance describes a process by which wind
energy developers can collect and analyze information that could lead
to a programmatic permit to authorize unintentional take of eagles at
wind energy facilities. The process described here is not required, but
project proponents should coordinate closely with the Service
concerning alternatives to insure that eagle conservation plans conform
with requirements of BGEPA. The Service will initiate a peer review of
the draft Guidance during the public comment period.
The development of facilities to generate electricity from wind
turbines has increased dramatically in the range
[[Page 9530]]
of the golden eagle in the western United States. Golden eagles are
vulnerable to collisions with wind turbines. Because of this risk, many
of the current and planned wind facilities require permits under the
Bald and Golden Eagle Protection Act to legally authorize any take of
eagles that may occur. We are soliciting comments and recommendations
on our draft Eagle Conservation Plan Guidance.
We request comments and suggestions on the Guidance. We anticipate
preparing further guidance to address incidental eagle takes under
other circumstances. Explaining the reasons and rationale for your
comments where appropriate will help as we consider them.
We will take into consideration the relevant comments, suggestions,
or objections that we receive by the comment due date indicated above
in the DATES section. These comments, suggestions, or objections, and
any additional information received may lead us to adopt a final
guidance that differs from this guidance.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. You can ask us
in your comment to withhold your personal identifying information from
public review, but we cannot guarantee that we will be able to do so.
As published elsewhere in today's Federal Register, the Service is
simultaneously soliciting comments on the draft Land-based Wind Energy
Guidelines.
Authority: The authorities for this notice are the Migratory
Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703-712); Pub. L. 95-616,
92 Stat. 3112 (16 U.S.C. 712(2)); Pub. L. 106-108, 113 Stat. 1491,
Note Following 16 U.S.C. 703; the Bald and Golden Eagle Protection
Act (16 U.S.C. 668a-d), 704, 712, 742j-1, 1374(g), 1382, 1538(d),
1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C. 1202; and 31
U.S.C. 9701.
Dated: January 31, 2011.
Rowan Gould,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-3700 Filed 2-17-11; 8:45 am]
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