[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Pages 6811-6812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2691]



Fish and Wildlife Service

[FWS-R1-ES-2011-N008; 10120-1112-0000-F2]

Endangered and Threatened Wildlife and Plants; Permit; 
Construction and Operation of Kaheawa II Wind Energy Generation 
Facility, Maui, HI; Draft Habitat Conservation Plan and Draft 
Environmental Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; reopening of comment period.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), recently 
announced our receipt of an application from Kaheawa Wind Power II, LLC 
(KWP II) for an incidental take permit (permit) under the Endangered 
Species Act of 1973, as amended (ESA). KWP II is requesting an 
incidental take permit under the ESA to authorize take of three 
federally endangered and one threatened bird species. We are reopening 
the comment period on this permit application and the associated Draft 
Environmental Assessment (EA), Draft Habitat Conservation Plan (HCP), 
and proposed Implementation Agreement (IA). Comments previously 
submitted need not be resubmitted as they have been incorporated into 
the public record and will be fully considered in the final decision on 
the permit application.

DATES: All comments from interested parties must be received on or 
before March 10, 2011.

ADDRESSES: Please address written comments to Loyal Mehrhoff, Project 
Leader, Pacific Islands Fish and Wildlife Office, U.S. Fish and 
Wildlife Service, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI 
96850. You may also send comments by facsimile to (808) 792-9580.

FOR FURTHER INFORMATION CONTACT: Dawn Greenlee, Fish and Wildlife 
Biologist, U.S. Fish and Wildlife Service (see ADDRESSES above), 
telephone (808) 792-9400.


Public Comments Solicited

    On November 9, 2010, we published in the Federal Register (75 FR 
68821) a notice announcing our receipt of an application from KWP II 
for an incidental take permit under section 10(a) of the ESA (16 U.S.C. 
1539(a)). KWP II is requesting an incidental take permit under the ESA 
to authorize take of the federally endangered Hawaiian petrel 
(Pterodroma sandwichensis), endangered Hawaiian goose (nene, Branta 
sandvicensis), endangered Hawaiian hoary bat (Lasiurus cinereus 
semotus), and the threatened Newell's (Townsend's) shearwater (Puffinus 
auricularis newelli) (collectively these four species are hereafter 
referred to as the ``Covered Species''). Incidental take of the Covered 
Species may be caused by the construction and operation of the KWP II 
wind energy facility on the island of Maui. The permit application 
includes a draft HCP that describes the actions and the measures that 
KWP II will implement to minimize, mitigate, and monitor incidental 
take of the Covered Species, and a draft IA. A draft EA has been 
prepared in response to the permit application in accordance with 
requirements of the National Environmental Policy Act (NEPA).
    The public comment period on the aforementioned documents closed on 
December 9, 2010. In response to a request from the general public, we 
are reopening the comment period for an additional 30 days. We 
specifically request comments from the public on whether the 
application meets the statutory and regulatory requirements for issuing 
a permit, and identification of any aspects of the human environment 
that should be analyzed in the draft EA. We are also soliciting 
comments on: The adequacy of the HCP to minimize, mitigate, and monitor 
the proposed incidental take of the Covered Species; adequacy of the 
funding being provided to implement the proposed mitigation program and 
any appropriate responses to changed circumstances; adequacy of the 
adaptive management program; and certainty that mitigation will occur. 
We are seeking comments on the adequacy of the HCP relative to the 
permit issuance criteria found in section 10(a) of the ESA, 16 U.S.C. 
1539(a), and 50 CFR 13.21, 17.22, and 17.32. For

[[Page 6812]]

information on how to access the HCP, EA, and IA, and to submit 
comments, along with additional background information on the permit 
application package, please refer to the previous Federal Register 
Notice (75 FR 68821), which was published on November 9, 2010.


    This notice is provided under section 10(c) 16 U.S.C. 1539(c) of 
the ESA and NEPA regulations (40 CFR 1506.6). The public process for 
the proposed Federal permit action will be completed after the public 
comment period, at which time we will evaluate the permit application, 
the HCP, and associated documents (including the EA), as well as 
comments submitted, to determine whether or not the proposed action 
meets the requirements of section 10(a) of the ESA and has been 
adequately evaluated under NEPA.

    Dated: January 18, 2011.
Richard Hannan,
Deputy Regional Director.
[FR Doc. 2011-2691 Filed 2-7-11; 8:45 am]