[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Notices]
[Pages 17875-17879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08356]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2019-N032; FXES11140100000-190-FF01E00000]
Draft Programmatic Environmental Impact Statement and Draft
Habitat Conservation Plan and Amendments; Receipt of Applications for
Incidental Take Permits for Four Wind Energy Projects in Hawai`i
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a habitat conservation plan (HCP) and three amendments
to existing HCPs in support of requests for new or amended incidental
take permits (ITPs) under the Endangered Species Act authorizing the
take of endangered species from four similar wind energy projects. The
proposed permit actions involve a new HCP for the Pakini Nui Wind Farm
on the Island of Hawai`i and major amendments to three existing HCPs--
for the Auwahi Wind and Kaheawa Wind Power II projects, both located on
Maui, and the Kawailoa Wind project on O`ahu. All four wind energy
facilities are already constructed and in operation. The proposed new
ITP and ITP amendments would address take of one or more of the
following three endangered species: The Hawaiian hoary bat, Hawaiian
goose, and the Hawaiian petrel. Also available for review is the
Service's draft programmatic environmental impact statement (PEIS),
which was prepared in response to these four applications. We are
seeking public comments on the draft HCP and draft HCP amendments, and
the draft PEIS.
DATES: To ensure consideration, please send your written comments by
June 10, 2019. The Service will consider all written or verbal comments
on the scope of the analysis that are received or postmarked by this
date.
Public Meetings: The Service will host the following public
meetings during the public comment and review period:
O`ahu: Tuesday, May 21, 2019, from 6 to 8 p.m.
Maui: Wednesday, May 22, 2019, from 6 to 8 p.m.
Hawai`i: Thursday, May 23, 2019, from 6 to 8 p.m.
ADDRESSES: To view the pertinent documents for this proposal, request
further information, or submit written comments, please use one of the
following methods. Please include ``Wind Energy HCPs and PEIS'' and
reference FWS-R1-ES-2019-N032 in the subject line of your request,
message, or comment.
U.S. Mail: Field Supervisor, U.S. Fish and Wildlife
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana
Boulevard, Room 3-122, Honolulu, HI 96850.
Email: HIwindPEIS@fws.gov.
Fax: 808-792-9580, Attn: Field Supervisor.
Internet: You may obtain copies of this notice from the
Service's Pacific Islands Fish and Wildlife Office in Honolulu,
Hawai`i, or on the internet at https://www.fws.gov/pacificislands/.
Public meetings: You may also submit written comments
during public meetings. The meetings will be held at the following
locations:
[cir] O`ahu O: Waialua Elementary School, 67-020 Waialua Beach
Road, Waialua, HI 96791.
[cir] Maui: Kula Elementary School, 5000 Kula Highway, Kula, HI
96790.
[cir] Hawaii: Na'alehu Community Center, 95-5635 Mamalahoa Highway,
Na'alehu, HI 96722.
Reviewing U.S. Environmental Protection Agency (EPA)
comments on the draft HCP, HCP amendments, and PEIS: See EPA's Role in
the EIS Process under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Darren LeBlanc at 808-792-9403, or
Michelle Bogardus at 808-792-9473. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Relay Service (FRS) at
1-800-877-8339 during normal business hours. The FRS is also available
24 hours a day, 7 days a week, to leave a message or question. You will
receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION: The Service received incidental take permit
(ITP) applications from four wind energy companies (applicants) in
accordance with the requirements of the Endangered Species Act, as
amended (ESA; 16 U.S.C. 1531 et seq.). The proposed ITP and ITP
amendments would authorize take of one or more of the following
species: The endangered Hawaiian hoary bat (`[omacr]pe`ape`a in
Hawaiian; Lasiurus cinereus semotus), the endangered Hawaiian goose
(n[emacr]n[emacr]; Branta sandvicensis), and the endangered Hawaiian
petrel (`ua`u; Pterodroma sandwichensis), hereafter collectively
referred to as the ``covered species.''
The ITPs, if issued, would authorize the incidental take of covered
species caused by the operation of existing land-based wind energy
facilities. The applicants are not seeking ITP coverage
[[Page 17876]]
for construction of the four projects, which are currently constructed
and operational. The draft HCP and HCP amendments describe how impacts
to covered species would be minimized and mitigated. The draft HCPs
also describe: The covered species' life history and ecology; the HCP
biological goals and objectives; the estimated take and its potential
impact on covered species' populations; adaptive management and
monitoring procedures; and mitigation measures for each project. If the
proposed HCP and HCP amendments meet permit issuance criteria, the
Service will issue separate ITPs to each of the four permit applicants.
The Service has developed the draft PEIS in response to these ITP
applications in accordance with the requirements of the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). Two action
alternatives and a no-action alternative are analyzed for each project.
A programmatic NEPA analysis of similar wind energy project-related
permit decisions provides the following benefits: A comprehensive
analysis of cumulative impacts across all projects; creation of a
single document that the public is more likely to understand; a
reduction in duplicative information that would otherwise appear in
four EISs; improved consistency in the NEPA analysis; and a more
efficient and comprehensive solicitation of public input. The Service
provides this notice to (1) advise other Federal and State agencies,
local governments, and the public of the availability of the draft HCP,
draft HCP amendments, and draft PEIS; (2) announce the initiation of a
45-day comment period; and (3) request comments on the documents.
Endangered Species Act
Section 9 of the ESA and its implementing regulations prohibit
``take'' of fish and wildlife species listed as endangered. The ESA
implementing regulations extend, under certain circumstances, the
prohibition of take to threatened species (50 CFR 17.31). Under section
3 of the ESA, the term ``take'' means to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or attempt to engage in
any such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined in
our regulations, includes 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 (50 CFR 17.3).
Pursuant to section 10(a)(1)(B) of the ESA, the Service may
authorize take of federally listed species, if such take occurs
incidental to otherwise legal activities and a habitat conservation
plan (HCP) has been developed under section 10(a)(2)(A) that describes:
(1) The impact that will likely result from such taking; (2) the steps
an applicant will take to minimize and mitigate that take to the
maximum extent practicable and the funding that will be available to
implement such steps; (3) alternative actions to such taking that an
applicant considered and the reasons why such alternatives are not
being used; and (4) other measures the Service may require as being
necessary or appropriate for the purposes of the plan.
Section 10(a)(1)(B) of the ESA contains provisions for issuing ITPs
to non-Federal entities for the take of endangered and threatened
species, provided the following criteria are met: (1) The taking will
be incidental to otherwise lawful activities; (2) an applicant will, to
the maximum extent practicable, minimize and mitigate the impacts of
such taking; (3) an applicant has ensured that adequate funding for the
plan will be provided; (4) the taking will not appreciably reduce the
likelihood of the survival and recovery of the species in the wild; and
(5) the applicant will carry out any other measures we require as
necessary or appropriate for the purposes of the plan. Regulations
governing permits for endangered and threatened species are at 50 CFR
17.22 and 17.32, respectively. The Service's general permitting
regulations, found at 50 CFR 13.1-13.29, also apply to these actions.
National Environmental Policy Act
In compliance with NEPA (42 U.S.C. 4321 et seq.), the Service has
prepared a draft PEIS to evaluate the project-specific alternatives and
cumulative impacts of four ITP decisions addressing a newly proposed
HCP for the Pakini Nui Wind Farm and major amendments for three
existing HCPs for the Auwahi Wind, Kawailoa Wind Power, and Kaheawa
Wind Power II wind energy projects. Three alternatives (No Action,
Proposed Action, and Increased Curtailment alternatives) are analyzed
for each of the four projects. Each alternative, as well as the
existing projects, the amount of take authorized in the original ITPs,
and the estimated levels of take in the proposed new or amended HCPs
(See Tables 1-3) are briefly described below.
Alternative 1: No Action Alternative
Under the No Action Alternative, the Service would not issue the
requested project ITP or ITP amendments and the respective HCP or
amendments would not be implemented. The Service expects that the
applicants would act in a reasonable manner in order not to be legally
liable for unauthorized take of the Hawaiian hoary bat, Hawaiian
petrel, and the Hawaiian goose. The Service assumes that (a) all
applicants would shut off wind turbine operations at night to fully
avoid take of Hawaiian hoary bat, (b) that the three applicants seeking
to amend their existing permits would continue operating turbines
during the day as long as they continued to be in compliance with their
existing ITPs, and (c) that Pakini Nui would implement other reasonable
measures to avoid take of listed species. Any take that may occur
outside of an existing permit would not be authorized and would remain
unmitigated.
Alternative 2: Proposed Action
Auwahi Wind
The Auwahi Wind project began commercial operation on December 28,
2012, and is located on `Ulupalakua Ranch in east Maui, Hawai`i. Auwahi
Wind Energy, LLC, was originally issued an ITP from the Service and an
incidental take license (ITL) from the Hawai`i Department of Land and
Natural Resources Division of Forestry and Wildlife on February 24,
2012 and February 9, 2012, respectively. The Auwahi Wind project
consists of eight Siemens 3.0-megawatt (MW) wind turbines, augmented
with an 11-MW battery storage system. Ancillary facilities include an
underground electrical collection system, an operation and maintenance
facility, an approximately 9-mile 34.5-kilovolt (kV) above-ground
generator-tie line, and an interconnection substation.
The original ITP and ITL, with 2014 amendments, authorized the
following amounts of incidental take over the 25-year permit term: 21
Hawaiian hoary bats; 87 Hawaiian petrels; 5 Hawaiian geese; and all
Blackburn's sphinx moths (Manduca blackburni) larvae and eggs within
the footprint of the facility. The above levels of take were
anticipated to result from project construction and operations,
including collision with vehicles, generator tie-lines, substations,
wind turbines and other project structures.
Auwahi Wind Energy, LLC, is requesting a permit amendment to
address a higher than anticipated amount of take of the Hawaiian hoary
bat that has occurred during the first 5 years of operation. Auwahi
Wind Energy, LLC, is requesting incidental take coverage for an
additional 119 Hawaiian hoary bats over the 25-year permit term, which
expires in 2037. In
[[Page 17877]]
addition, Auwahi Wind would implement nighttime low wind speed
curtailment (LWSC) year-round at 5.0 m/s cut-in speed and increase the
LWSC to 6.9 m/s from August to October, when higher rates of take have
occurred. They will also mitigate the take through reforestation and
the creation of water features on up to 2,929 acres of ranchland.
Tables 1-3--Estimated Change in Authorized Take Requested for Hawaiian Hoary Bat, Hawaiian Petrel, and Hawaiian
Goose per Project Applicant
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Take currently
Project authorized 1 2 Change Total \3\
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Table 1: Hawaiian hoary bat
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Auwahi.......................................................... 21 +119 140
Kawailoa........................................................ 60 +205 265
KWPII........................................................... 11 +27 38
Pakini Nui...................................................... NA +26 26
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Total....................................................... 92 +377 469
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Table 2: Hawaiian petrel \4\
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Auwahi.......................................................... 87 0 87
Kawailoa........................................................ 0 +24 24
KWPII........................................................... 43 0 43
Pakini Nui...................................................... NA +3 3
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Total....................................................... 130 +27 157
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Table 3: Hawaiian goose \4\
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Auwahi.......................................................... 5 0 5
Kawailoa........................................................ 0 0 0
KWPII........................................................... 30 +14 44
Pakini Nui...................................................... NA +3 3
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Total....................................................... 35 +17 52
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\1\ Take for the Hawaiian hoary bat was originally authorized for adults and juveniles separately.
\2\ A clarification issued in 2014 simplified the way in which indirect take (e.g., loss of dependent juveniles)
associated with the mortality of a breeding adult was accounted for and tracked. Juveniles were converted to
adult equivalencies using calculations based on life-history information included in the respective original
HCPs, resulting in authorized take represented as a whole number as opposed to listing adults and juveniles
separately.
\3\ Represents the currently authorized take plus the new requested take.
\4\ Take amounts for these species are summed or combined for adults, subadults, nestlings, or eggs.
Kawailoa Wind Power
The Kawailoa Wind Power project is located approximately 4 miles
from Haleiwa town on the north shore of the island of O`ahu, Hawai`i,
and began commercial operations in November of 2012. Kawailoa Wind
Power, LLC, was issued an ITP and an ITL on December 8, 2011, and
January 6, 2012, respectively. The Kawailoa Wind Power project consists
of 30 2.3-MW wind turbine generators. Ancillary facilities include an
underground electrical collection system, an operation and maintenance
facility, and an approximately 4-mile above-ground transmission line.
The original ITP and ITL authorized the following amounts of
incidental take over a 20-year permit term: 60 Hawaiian hoary bats; 12
Hawaiian ducks (koloa maoli; Anas wyvilliana); 18 Hawaiian moorhen
(`alae `ula; Gallinula galeata sandvicensis, also known as the Hawaiian
gallinule); 18 Hawaiian coot (`alae kea; Fulica americana alai); 24
Hawaiian stilt (ae`o; Himantopus mexicanus knudseni); and 15 Newell's
shearwater (`a`o; Puffinus auricularis newelli). The above levels of
take were anticipated to result from project construction and
operations, including collision with vehicles, generator tie-lines,
substations, wind turbines, and other project structures.
Kawailoa Wind Power, LLC, is requesting a permit amendment to
address a higher than anticipated amount of take of the Hawaiian hoary
bat that has occurred during the first 5 years of operation. Kawailoa
Wind Power, LLC, is requesting incidental take coverage for an
additional estimated 205 Hawaiian hoary bats (for a total of 265 bats)
over the 20-year permit term, which expires in 2031. Additionally,
Kawailoa Wind Power has documented the take of two Hawaiian petrels at
the site. Incidental take of this species was not authorized in their
existing ITP or ITL; therefore, Kawailoa Wind Power, LLC, is requesting
incidental take authorization for 24 Hawaiian petrels in their permit
amendment. In addition, Kawailoa Wind will extend nighttime LWSC to
year-round at 5.2 m/s, and test a bat deterrent in collaboration with
NRG Systems. They will also provide a portion of the funding for the
protection of 2,882 acres in the Ko`olau Mountains of O`ahu, and
protect/preserve or restore an additional 3,044 acres for mitigation of
bat take impacts. To mitigate Hawaiian Petrel take impacts, Kawailoa
Wind will fund the Hawai`i Division of Forestry and Wildlife (DOFAW) to
conduct predator control activities within a petrel breeding colony at
Hanak[amacr]p[imacr]`ai, Kaua`i.
Kaheawa Wind Power II
The Kaheawa Wind Power II (KWP II) project is located at Kaheawa
Pastures above Ma`alaea town in the southwestern portion of the island
of Maui, Hawai`i, and began commercial operations in July 2012. KWP II,
LLC, was issued an ITP and an ITL in January 2012. The KWP II project
consists of 14,
[[Page 17878]]
1.5-MW wind turbine generators. Ancillary facilities include an
underground electrical collection and communication system, an
operation and maintenance facility, a battery energy storage system,
and an overhead electrical transmission line connecting the facility
substation to the County's electrical grid.
The original ITP and ITL authorized the following levels of
incidental take over the 20-year permit term, which expires in 2032: 11
Hawaiian hoary bats, 30 Hawaiian geese, 8 Newell's shearwaters, and 43
Hawaiian petrels. The above levels of take were anticipated to result
from project construction and operations, including bat and bird
collisions with vehicles, generator tie-lines, substations, wind
turbines and other project structures.
Kaheawa Wind Power II, LLC, is requesting a permit amendment to
address a higher than anticipated amount of take of the Hawaiian hoary
bat and the Hawaiian goose that has occurred during the first 6 years
of operation. Kaheawa Wind Power II, LLC, is requesting incidental take
authorization for an additional estimated 27 Hawaiian hoary bats (for a
total of 38 bats) over the 20-year permit term. Additionally, KWP II,
LLC, is also requesting incidental take authorization for an additional
estimated 14 Hawaiian geese (for a total of 44 geese) over the 20-year
permit term. KWP II will implement nighttime LWSC at 5.0 m/s year-round
and increase LWSC to 5.5 m/s from February 15 to December 15.
Mitigation activities for Hawaiian Goose include funding DOFAW to
conduct predator control activities at a breeding pen on Maui, at
either Pi`iholo Ranch or Haleakal[amacr] Ranch. For Hawaiian hoary bat
mitigation, KWP II is funding a research project conducted by the U.S.
Geological Society to examine home range size, habitat use, diet, and
breeding demography at roosting sites on Hawai`i island.
Pakini Nui Wind Farm
The Pakini Nui Wind Farm is operated by Tawhiri Power, LLC, and is
located on Ka Lae or South Point on the island of Hawai`i, Hawai`i. The
Pakini Nui Wind Farm is currently not covered by a valid ITP or ITL,
and Tawhiri Power, LLC, has not previously applied for an ITP or ITL.
Tawhiri Power, LLC, has submitted a draft HCP to support their requests
for an ITP and an ITL. The Pakini Nui Wind Farm began operations in
April 2007 and consists of 14, 1.5-MW wind turbine generators.
Ancillary facilities include one mile of underground connector lines,
an operation and maintenance building, a substation, and an overhead
electrical transmission line connecting the facility substation to the
County's electrical grid. The entire project facility footprint is
79.42 acres. Tawhiri Power, LLC, is requesting incidental take
authorization for an estimated 26 Hawaiian hoary bats, 3 Hawaiian
petrels, and 3 Hawaiian geese over an 8-year permit term.
Pakini Nui will implement nighttime LWSC at 5.0 m/s year-round to
minimize take of Hawaiian hoary bats. To mitigate for bats, they will
fund the restoration of 1,200 acres at Hawai`i Volcanoes National Park.
Pakini Nui will also fund an increase in predator control and commit
funds for maintenance of a 5-mile cat barrier fence encompassing 600
acres of breeding habitat for Hawaiian Petrel on Mauna Loa. For
Hawaiian Goose mitigation, they will provide funds for the construction
of a new 1.25-acre fenced enclosure by DOFAW at Pi`ihonua on Hawai`i
island.
Alternative 3: Increased Curtailment
Under Alternative 3, the Service would issue the ITPs with a
condition that the applicant will shut down turbines at night, between
April 15 and September 15, when Hawaiian hoary bats are observed to be
rearing young and are most active. Mitigation activities would be
reduced commensurate with take levels. Low wind speed curtailment
activities listed under Alternative 2 would occur during the remainder
of the year (September 16-April 14).
Under this alternative, the Service would issue an ITP amendment to
Auwahi Wind Power for up to 84 additional Hawaiian hoary bats through
the end of its permit term in 2037. Kawailoa Wind would be issued a
permit amendment for up to 83 additional Hawaiian hoary bats and 24
Hawaiian petrels through the permit term ending in 2031. KWP II would
be issued an ITP amendment for take of an additional 16 Hawaiian hoary
bats and 14 Hawaiian geese under alternative 3 for a permit term ending
in 2032. Finally, Pakini Nui Wind Farm would be issued a new ITP
allowing take of 16 Hawaiian hoary bats, 3 Hawaiian petrels, and 3
Hawaiian geese through the permit term ending in 2029.
Covered Species
In total, the applicants are requesting incidental take
authorization for one or more of the following species: The endangered
Hawaiian hoary bat, the endangered Hawaiian goose, and the endangered
Hawaiian petrel. Three of the applicants were authorized to take other
listed species in their original ITPs; such take authorization would
remain unchanged by the currently proposed amendments.
The Hawaiian hoary bat is the only fully terrestrial native mammal
in the Hawaiian Islands and was federally listed as endangered under
the ESA on October 13, 1970 (35 FR 16047). The Hawaiian hoary bat is
small, nocturnal, and solitary, roosts in trees, and is known to
collide with wind turbine structures. Take of Hawaiian hoary bats at
the three currently permitted wind projects (Auwahi Wind, Kawailoa Wind
Power, and KWP II) has been higher than anticipated under their
original HCPs. The Service believes that recent project-specific bat
fatality data and use of new statistical tools for estimating and
predicting take of bats provide confidence that their revised estimates
of total project-related take of bats are conservative and are unlikely
to be exceeded over the term of these projects.
The Hawaiian goose was listed as endangered under the ESA on March
11, 1967 (32 FR 4001). The Hawaiian goose is found in a variety of
habitats, including scrubland, grassland, golf courses, sparsely
vegetated slopes, and open lowland country. This species is also known
to collide with wind turbine structures. Pakini Nui Wind Farm has
requested take of Hawaiian goose in a new ITP, while KWP II has
requested an amendment due to slightly higher than anticipated take at
the facility.
The Hawaiian petrel was listed as endangered under the ESA on March
11, 1967 (32 FR 4001). The Hawaiian petrel is a seabird that breeds in
high-elevation volcanic terrain or in montane mesic and wet forests.
When Hawaiian petrels fly over land areas, they are vulnerable to
collision with man-made structures, including wind turbines. The Pakini
Nui Wind Farm has requested take of the Hawaiian petrel in a new ITP,
while Kawailoa Wind Power has requested an amendment to their HCP due
to the unanticipated take of a Hawaiian petrel at the facility site.
EPA's Role in the EIS Process
The EPA is charged with reviewing all Federal agencies' EISs and
commenting on the adequacy and acceptability of the environmental
impacts of proposed actions in EISs. Therefore, EPA is publishing a
notice in the Federal Register announcing this EIS, as required under
section 309 of the Clean Air Act. The publication date of EPA's notice
of availability is the official beginning of the public comment period.
EPA's notices are published on Fridays. EPA serves as the repository
(EIS database) for EISs prepared by Federal agencies. All EISs must be
filed
[[Page 17879]]
with EPA. You may search for EPA comments on EISs, along with EISs
themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
Public Comments
You may submit your comments and materials by one of the methods
listed in ADDRESSES. Before including your address, phone number, email
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.
While you can ask us in your comment to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so. Comments and materials we receive, as well as
supporting documentation we use in preparing the PEIS, will be
available for public inspection by appointment, during normal business
hours, at the Service's Pacific Islands Fish and Wildlife Office.
Reasonable Accommodation
Persons needing reasonable accommodations to attend and participate
in the public meetings should contact Darren LeBlanc or Michelle
Bogardus at the Service's Pacific Islands Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT above). To allow sufficient time to
process requests, please call no later than 14 days in advance of the
meeting dates.
Authority
We provide this notice in accordance with the requirements of
section 10 of the ESA (16 U.S.C. 1531 et seq.; 50 CFR 17.22), and per
NEPA and its implementing regulations (40 CFR 1506.6).
Robyn Thorson,
Regional Director, Pacific Region, U.S. Fish and Wildlife Service.
[FR Doc. 2019-08356 Filed 4-25-19; 8:45 am]
BILLING CODE 4333-15-P