The Oklahoma
Ecological Services Field Office of the U. S. Fish and Wildlife
Service (Service) and Wind Energy Development in Oklahoma
The Service supports the development of nonpolluting,
renewable, sustainable energy sources, including wind generated
electricity. However, wind energy facilities can adversely
impact wildlife and their habitats if not sited, constructed
and operated appropriately. As more facilities are built and
turbine size increases, the cumulative effects of this rapidly
growing industry may initiate or contribute to the decline
of some wildlife populations and loss of their habitats. The
potential harm to these populations from this potential additional
source of mortality and habitat loss makes careful evaluation
of proposed facilities essential.
The Service is directed by the Endangered Species Act (ESA)
to assist other Federal agencies in ensuring that any action
they authorize, implement, or fund (i.e., a federal nexus),
including wind energy developments, will not jeopardize the
continued existence of any federally-listed threatened or
endangered species or destroy or adversely modify designated
critical habitat. In efforts to avoid and minimize impacts
to trust resources, the Service also coordinates with other
conservation agencies and organizations, as well as wind developers,
to provide technical assistance for wind energy projects that
have no federal nexus. Ultimately, however it is the responsibility
of those involved with the planning, design, construction,
operation and maintenance of the proposed project to 1) complete
a risk assessment, 2) determine the likelihood of impacting
federally-protected species and other important fish and wildlife
resources, and 3) pursue the appropriate course of action.
Take of federally-listed species is expressly
prohibited by section 9 of the ESA. The ESA defines take as:
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect or to attempt to engage in any such conduct. Harm
is further defined to include significant habitat modification
or degradation that results in death or injury to listed species
by significantly impairing essential behavioral patterns,
including breeding, feeding, or sheltering.
Take incidental to an otherwise lawful activity may be authorized
through formal consultation under section 7(a)(2) of the ESA,
provided a Federal agency carries out, funds or permits the
activity. Otherwise, when a non-federal action has the potential
to impact federally-listed species, an incidental take permit
pursuant to section 10(a)(1)(B) may be obtained upon completion
of a satisfactory habitat conservation plan (HCP). There is
no mechanism for authorizing incidental take "after-the-fact."
For more information regarding formal consultation, please
see the Endangered
Species Laws & Policies. For more information regarding
HCPs, please see the Service's HCP
web site. Keep in mind that consultation with the Service
under section 7 of the ESA is authorized only for the federal
action agency or the officially designated non-federal representative.
For more information on ESA consultation or to request technical
assistance from the Service regarding wind energy projects,
please complete the Wind Energy Project Description Datasheet
and submit this with other appropriate materials describing
the proposed project to this office. A recommended format
for submission is located on the Oklahoma Ecological Services
Field Office's consultation page of this website, in a document
titled, "Project Description and Evaluation Request Outline".
The OKESFO Standard recommendations for avoiding and minimizing
the impacts of wind energy projects are provided below. |
