[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Notices]
[Pages 52754-52755]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21498]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2012-N179; FXES11120300000F2-123-FF03E00000]
Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan
Within Eight-State Planning Area
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent, request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), advise the
public that we, in coordination with our planning partners, intend to
prepare the Midwest Wind Energy Multi-Species Habitat Conservation Plan
(MSHCP) under the Endangered Species Act of 1973, as amended (ESA). The
planning partners are currently considering for inclusion in the MSHCP
certain species that are federally listed, as well as other species
likely to become listed, within the eight-State planning area. Planning
partners in this effort include the conservation agencies for the eight
states, The Conservation Fund, and the American Wind Energy Association
(AWEA). We provide this notice to (1) Describe the proposal; (2) advise
other Federal and State agencies, potentially affected tribal
interests, and the public of our intent to prepare the MSHCP; (3) seek
public input, suggestions, and information on any issues pertaining to
this planning process; (4) and to seek public input on what the permit
area should be within the eight-State planning area.
DATES: To ensure consideration, we request written comments on or
before October 1, 2012.
ADDRESSES: Send your comments or request information by any one of the
following methods:
U.S. Mail: Regional Director, Attn: Rick Amidon, U.S. Fish and
Wildlife Service, Ecological Services, 5600 American Blvd. West, Suite
990, Bloomington, MN 55437-1458;
Facsimile: 612/713-5292 (Attn: Rick Amidon); or
Email: midwestwindhcp@fws.gov.
FOR FURTHER INFORMATION CONTACT: Rick Amidon, (612) 713-5164.
SUPPLEMENTARY INFORMATION: Section 9 of the ESA (16 U.S.C. 1538) and
its implementing regulations prohibit take of species listed as
endangered or threatened. The definition of take under the ESA includes
to ``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect listed species or to attempt to engage in such conduct'' (16
U.S.C. 1532(19)). Section 10 of the ESA (16 U.S.C. 1539) establishes a
program whereby persons seeking to pursue activities that are otherwise
legal, but could result in take of federally protected species, may
receive an incidental take permit (ITP).
Covered Land
The planning area encompasses the Midwest Region of the Service and
includes all or portions of the following eight States: Illinois,
Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin. The
specific land that the MSHCP will cover (``covered land or permit
area'') have yet to be determined and could be all or portions of the
eight States. Once identified, the ``covered land'' will be the general
locations where future ITPs could be issued under the MSHCP. Land not
identified as ``covered land'' will not be eligible for an ITP under
this planning effort; however, individual take authorizations could be
developed for those areas outside of this planning effort.
Covered Activities
The activities proposed to be covered (``covered activities'')
under the MSHCP include the siting, construction, operation,
maintenance, and decommissioning of wind energy facilities within all
or portions of the eight-State planning area. Activities associated
with the management of mitigation land would also be covered. We
anticipate that this MSHCP will include new and existing small-scale
wind energy facilities, such as single-turbine demonstration projects,
as well as large, multi-turbine commercial wind facilities.
Covered Species
The planning partners are currently considering, for inclusion in
the MSHCP, certain species that are federally listed or likely to
become listed, and have the potential to be taken by wind energy
facilities within the planning area. Those ``covered species'' include
the endangered Indiana bat (Myotis sodalis), the endangered gray bat
(Myotis grisescens), the endangered piping plover (Charadrius melodus),
the endangered interior least tern (Sternula antillarum athalassos),
the endangered Kirtland's warbler (Setophaga kirtlandii), the little
brown bat (Myotis lucifugus), the northern-long eared bat (Myotis
septentrionalis), and the eastern small-footed bat (Myotis leibii), all
of which are species of concern. The bald eagle (Haliaeetus
leucocephalus) is also being considered as a ``covered species,'' but
no decision has been made at this time. The final list of ``covered
species'' may include all these species, a subset of these species, or
additional species, based on the outcome of the planning process. The
MSHCP will be multifaceted in addressing species protection, including,
but not limited to, avoidance, minimization of take (e.g., through
proven and defined best management practices), and mitigation to offset
the impacts of take through potential habitat preservation,
restoration, and enhancement. Future applicants seeking an ITP must
also ensure that adequate funding for implementation, including
biological and compliance monitoring, is provided.
[[Page 52755]]
Partners
The eight State conservation agencies participating in the
development of this MSHCP are the Illinois Department of Natural
Resources, Indiana Division of Fish and Wildlife, Iowa Department of
Natural Resources, Michigan Department of Natural Resources, Minnesota
Department of Natural Resources, Missouri Department of Conservation,
Ohio Department of Natural Resources, and Wisconsin Department of
Natural Resources.
AWEA is a national trade association for the wind industry and is
representing the interests of a group of wind energy companies in the
development of this MSHCP. This consortium of companies is known as the
Wind Energy Bat Action Team (WEBAT). Member companies at this time
include Acciona Wind Energy; Akuo Energy USA; Apex Wind Energy; BP Wind
Energy; Clipper Windpower Development Company, LLC; Duke Energy
Renewables; EDP Renewables; Element Power; enXco; E.ON Climate &
Renewables; EverPower Wind Holdings, Inc.; Iberdrola Renewables;
Invenergy LLC; NextEra Energy Resources; Nordex USA; Tradewind Energy
LLC; US Mainstream Renewable Power; and Wind Capital Group.
The Conservation Fund is a nonprofit organization headquartered in
Arlington, Virginia, with offices throughout the United States. The
Conservation Fund would serve as the administrative agent on behalf of
the States overseeing the development of the MSHCP and the accompanying
environmental impact statement (EIS). Moreover, The Conservation Fund
would develop a regional framework of conservation lands to be used as
a decision support tool for the selection of appropriate mitigation
options required for offsetting incidental take of the ``covered
species''.
MSHCP Structure
In 2009, the eight States that make up the planning area submitted
an application for and were awarded a grant under Section 6 of the ESA
(16 U.S.C. 1535) to develop the MSHCP and an incidental take permitting
program. The States' grant application envisioned that the MSHCP would
be developed as a template/umbrella MSHCP or as a programmatic MSHCP.
Under the template approach, the Service would issue individual ITPs to
applicants that agree to implement the MSHCP, whereas under the
programmatic approach, each State agency would apply for and receive an
ITP and would issue certificates of inclusion to wind energy companies
that agreed to implement the MSHCP at their facility. At this time it
is anticipated that the issuance of individual ITPs would be the
permitting approach under this MSHCP. Currently there are additional
permit structure options being considered; however, under any permit
structure, the MSHCP would meet all ITP issuance criteria found at 50
CFR 13.21, 17.22(b), and 17.32(b), and would be evaluated under the
National Environmental Policy Act (NEPA) and Section 7 of the ESA (16
U.S.C. 1536). The partners envision that under any permit approach, no
additional NEPA or Section 7 analysis would occur, and ``No Surprises''
assurances would apply to the MSHCP. Evaluation of the MSHCP and
permitting program would include public review by all interested
parties. In the event that the MSHCP might need to be amended in the
future (e.g., to add a species or consider an activity not previously
evaluated), further public review would occur.
Public Comments
The Service is requesting information and comment from interested
government agencies, Native American Tribes, the scientific community,
industry, or other interested parties concerning the planning process,
our permitting approach, biological aspects of the interaction of wind
facilities and species, scientific data that may help inform the MSHCP
or monitoring of impacts, and any other information that interested
parties would like to offer.
Please note that comments merely stating support for, or opposition
to, the MSHCP under consideration without providing supporting
information, although noted, will not provide information useful in
determining relevant issues and impacts. The public will receive
additional opportunity to provide comments on the draft EIS and draft
MSHCP when they are completed. The Service will solicit comments by
publishing notice in the Federal Register.
You may submit your comments and supporting documentation by any of
the methods described in ADDRESSES, above.
National Environmental Policy Act
The Service is responsible for ensuring NEPA (42 U.S.C. 4321 et
seq.) compliance during the MSHCP process. In compliance with NEPA, we
have made an initial determination that the proposed issuance of ITPs
under this planning effort will require the development of an EIS. A
third-party contractor will be selected in the future to work with the
Service and the planning partners to develop an EIS that will satisfy
all NEPA requirements. Subsequent notice will be provided when the
planning process has progressed to the point where scoping under NEPA
is appropriate.
Dated: August 17, 2012.
Terence J. Miller,
Acting, Assistant Regional Director, Ecological Services, Midwest
Region.
[FR Doc. 2012-21498 Filed 8-29-12; 8:45 am]
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