[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14497-14499]
From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/]
[FR Doc No: 2020-05044]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2020-N003; FXES11140100000-201-FF01E00000]
Kauai Seabird Habitat Conservation Plan and Draft Environmental
Assessment, Kauai, Hawaii
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), received
incidental take permit applications pursuant to section 10 of the
Endangered Species Act of 1973, as amended (ESA), from eight parties
seeking authorization to take listed seabirds on Kauai due to impacts
associated with nighttime light attraction. Each of the applications
relies on the Kauai Seabird Habitat Conservation Plan (KSHCP), which
describes the actions the applicants will take to minimize and mitigate
the impacts of taking the threatened Newell's shearwater, endangered
Hawaiian petrel, and the endangered Hawaii distinct population segment
of the band-rumped storm-petrel incidental to the otherwise lawful use
of nighttime lighting on the island of Kauai, Hawaii. We also announce
the availability of each applicant's draft KSHCP participant inclusion
plan specific to the applicant's facilities, as well as a draft
environmental assessment (EA) developed by the Service that addresses
the effects of the KSHCP and the proposed permits on the human
environment in accordance with the National Environmental Policy Act.
We invite the public to review and comment on these documents.
DATES: To ensure consideration, written comments must be received from
interested parties no later than April 13, 2020.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods:
Internet: You may view or download copies of the KSHCP,
draft EA, each applicant's draft KSHCP participant inclusion plan, and
obtain additional information on the internet at http://www.fws.gov/pacificislands/.
Email: [email protected]. Include ``Kauai Seabird
HCP/EA'' in the subject line of the message.
U.S. Mail: You may obtain a CD-ROM with electronic copies
of these documents by writing to Ms. Katherine Mullett, Field
Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Fish and
Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI
96850.
Telephone: Call 808-792-9400 during regular business
hours.
FOR FURTHER INFORMATION CONTACT: Ms. Jiny Kim or Mr. Aaron Nadig, U.S.
Fish and Wildlife Service (see ADDRESSES), by telephone at 808-792-9400
or by email at [email protected]. If you use a telecommunications
device for the deaf, please call the Federal Relay Service at 800-877-
8339.
SUPPLEMENTARY INFORMATION: The Service received incidental take permit
(ITP) applications from eight entities (applicants), pursuant to
section 10(a)(1)(B) of the Endangered Species Act, as amended (ESA; 16
U.S.C. 1531 et seq.). Each applicant has requested a 30-year permit
term that would authorize ``take'' of the threatened Newell's
shearwater (Puffinus auricularis newelli; Hawaiian name ao), the
endangered Hawaiian petrel (Pterodroma sandwichensis; Hawaiian name
uau), and the endangered Hawaii distinct population segment of the
band-rumped storm-petrel (Oceanodroma castro; Hawaiian name akeake),
hereafter collectively referred to as the covered species. Take of the
covered species would be incidental to the use of nighttime lighting on
the island of Kauai, Hawaii. The applications are accompanied by a
single habitat conservation plan, referred to as the Kauai Seabird
Habitat Conservation Plan (KSHCP), which describes the actions each
applicant will take to
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minimize and mitigate the impacts of the taking on the covered species
under each individual applicant's draft KSHCP participant inclusion
plan (PIP), which is specific to each applicant's facilities.
Background
Nighttime lighting is an essential activity in most homes,
businesses, and industry centers. Each of the eight applicants
developed a PIP under the KSHCP to collectively provide an island-wide
conservation program to avoid and minimize the impacts of the taking of
the covered species through implementation of measures such as the use
of wildlife-friendly nighttime lights, and to mitigate for unavoidable
incidental take impacts caused by nighttime lighting in support of
their request to obtain ESA authorization, as appropriate, to
incidentally take listed seabirds. Although the KSHCP identifies
measures to avoid and minimize take of the Central North Pacific
distinct population segment (DPS) of the endangered green sea turtle
(Chelonia mydas; Hawaiian name honu), no ITP for the green sea turtle
is being requested by the applicants. The eight applicants are: (1)
Norwegian Cruise Line-NCL America; (2) Princeville Resort Kauai; (3)
Hawaii Department of Transportation; (4) Kauai Marriott Resort; (5)
Alexander & Baldwin, Inc.; (6) Kauai Blue, Inc. doing business as
Sheraton Kauai; (7) Kauai Coffee Company; and (8) Kauai County.
The Service proposes to issue the requested 30-year ITPs based on
the applicants' commitment to implement the KSHCP, in accordance with
eight applicant-specific PIPs, if permit issuance criteria are met.
Potentially covered activities include the full range of artificial
nighttime lighting types present on Kauai. A variety of lighting types
are used on Kauai depending upon the purposes for the lighting. Under
the KSHCP, all types of artificial lighting, including land-based
lights found at parks, retail stores, resorts, condominium complexes,
agribusiness, and industrial facilities, can be covered, as well as
lighting on ocean-going vessels such as cruise ships. Artificial
lighting includes current light structures, as well as the placement
and operation of new or future lights that have similar effects.
Outdoor lighting fixtures may include, but are not limited to, parking
lot lights, security lights, spotlights, floodlights, building and
structural or architectural lights, landscape lighting, recreational
lights, and signage lights. Instead of each applicant implementing
small scale, PIP-specific mitigation projects with limited conservation
benefits for listed seabirds, the eight applicants will contribute
funds that will be pooled to create and manage the Kahuamaa Seabird
Preserve (Preserve); conduct barn owl (Tyto alba) control in Kalalau
Valley; and to conduct feral cat (Felis catus) control along Kalalau
Valley rim to reduce predation at existing seabird colonies and deter
cat presence in the vicinity of the Preserve.
Endangered Species Act
Section 9 of the ESA (16 U.S.C. 1531 et seq.) prohibits ``take'' of
fish and wildlife species listed as endangered or threatened. Under the
ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct [16 U.S.C. 1532(19)]. The term ``harm'' is defined in our
regulations 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 (50 CFR 17.3).
Section 10(a)(1)(B) of the ESA contains provisions that authorize
the Service to issue permits to non-Federal entities for the take of
endangered and threatened species caused by otherwise lawful
activities, provided the following criteria are met: (1) The taking
will be incidental; (2) the applicant will, to the maximum extent
practicable, minimize and mitigate the impact of such taking; (3) the
applicant will ensure 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 that the Service may
require as being necessary or appropriate for the purposes of the HCP.
Regulations governing permits for endangered and threatened species are
found at 50 CFR 17.22 and 17.32, respectively.
National Environmental Policy Act
The proposed issuance of an ITP is a Federal action that triggers
the need for compliance with the requirements of NEPA. On November 9,
2010, the Service announced in the Federal Register our intent to
prepare an environmental impact statement for the proposed KSHCP (75 FR
68819) inclusive of the Kauai Island Utility Cooperative (KIUC) HCP. At
that time, the proposed KSHCP and the expected applications from public
and private entities on Kauai for incidental take permits were intended
to cover the incidental take of the ao, uau, and akeake due to adverse
effects of light attraction, as well as collision with utility lines
and associated structures. However, monitoring conducted in 2014
reflected a much higher rate of seabird collisions with utility lines
than previously estimated. As a result, in September 2015, the State
decided to restrict the scope of the KSHCP to light attraction take and
reserve consideration of line collision take to the Kauai Island
Utility Cooperative Long-Term HCP. As a result, the mitigation program
under the KSHCP was scaled to address the level of seabird take impacts
caused by the eight applicants identified above. After a subsequent
analysis based on the reduction in scope of the proposed KSHCP, the
Service determined that it was appropriate to first prepare an
environmental assessment (EA) to determine whether an EIS was
warranted. We prepared a draft EA to analyze the environmental impacts
of a range of alternatives related to the proposed issuance of the
eight requested ITPs and implementation of the conservation program
under the revised KSHCP. The alternatives analyzed in the draft EA
include a no-action alternative (alternative A) and two action
alternatives: (1) The proposed action (alternative B) and (2) a
translocation alternative with additional mitigation measures
(alternative C).
Public Comments
You may submit your comments and materials by one of the methods
listed in ADDRESSES. We specifically request written data, views, and
suggestions from interested parties with respect to the eight
applications regarding our proposed Federal action, including the
adequacy of the KSHCP pursuant to the requirements for permits at 50
CFR parts 13 and 17, and the adequacy of the draft EA pursuant to the
requirements of NEPA.
Public Availability of Comments
All comments and materials we receive become part of the public
record associated with this action. Before including your address,
phone number, email address, or other personally identifiable
information in your comments, you should be aware that your entire
comment--including your personally identifiable information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personally identifiable information from
public review, we cannot guarantee that we will be able to do so. All
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be made available for public disclosure in
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their entirety. Comments and materials we receive will be available for
public inspection by appointment, during normal business hours, at our
Pacific Islands Fish and Wildlife Office (see ADDRESSES).
Next Steps
After public review we will assess the comments received and
finalize the EA; we will determine whether the proposed action warrants
a finding of no significant impact or whether an environmental impact
statement should be prepared. We will evaluate each permit application,
associated documents, and any comments received, to determine whether
the permit application meets the requirements of section 10(a)(1)(B) of
the ESA. We will also evaluate whether issuance of the requested
section 10(a)(1)(B) permit would comply with section 7 of the ESA by
conducting an intra-Service section 7 consultation under section
7(a)(2) of the ESA on anticipated ITP actions. The final NEPA and
permit determinations will not be completed until after the end of the
30-day comment period and will fully consider all comments received
during the comment period. If we determine that all requirements are
met, we will issue an ITP under section 10(a)(1)(B) of the ESA to each
individual applicant for the take of the covered species, incidental to
otherwise lawful covered activities.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C.
4321 et seq.), and their implementing regulations (at 50 CFR 17.22 and
17.32 and 40 CFR 1506.6, respectively).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-05044 Filed 3-11-20; 8:45 am]
BILLING CODE 4333-15-P