[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13130-13132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04663]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2016-N094; FVES59420300000F2 14X FF03E00000]
Hoopeston Wind Farm Draft Habitat Conservation Plan; Draft
Environmental Assessment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Receipt of application; draft habitat conservation plan; draft
environmental assessment; and request for comments.
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SUMMARY: Pursuant to the Endangered Species Act (ESA) and the National
Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service
(Service), announce the availability of an application from Hoopeston
Wind Farm LLC (Applicant) for a permit to incidentally take federally
endangered Indiana bats and federally threatened northern long-eared
bats. The take could result from operation and decommissioning
activities at the Applicant's facility in Vermilion County, Illinois.
Included with the application is a draft habitat conservation plan
(HCP). Also available for review is our draft environmental assessment
(EA) that was prepared in response to the application. We are seeking
public comments on the permit application, draft HCP, and draft EA.
DATES: To ensure consideration, please submit your comments on or
before April 10, 2017.
ADDRESSES: Availability of Documents: The draft habitat conservation
plan (HCP) and draft environmental assessment (EA) are available on the
Midwest Region's Web site at http://www.fws.gov/Midwest/endangered/permits/hcp/r3hcps.html. Alternatively, copies of the permit
application, draft HCP, and draft EA will be available for public
review during regular business hours at the Rock Island Field Office
(see ADDRESSES). Those who do not have access to the Web site or cannot
visit our office can request copies by telephone at 309-757-5800 or by
letter to the Rock Island Field Office (see ADDRESSES).
Submitting Comments: Send comments to Kraig McPeek by U.S. mail at
U.S. Fish and Wildlife Service, Rock Island Field Office, 1511 47th
Avenue, Moline, IL 61265; by facsimile to 309-757-5807; or by
electronic mail to [email protected]. In the subject line of your
letter, facsimile, or electronic mail, include the document identifier
``Hoopeston Wind Farm HCP.''
[[Page 13131]]
SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(1)(B) of the
Endangered Species Act (16 U.S.C. 1531 et seq.; ESA) and the National
Environmental Policy Act (42 U.S.C. 4321, et seq.; NEPA), we, the U.S.
Fish and Wildlife Service (Service), announce the availability of an
application from Hoopeston Wind Farm LLC for a permit to incidentally
take federally endangered Indiana bats (Myotis sodalis) and federally
threatened northern long-eared bats (Myotis septentrionalis) that could
result from operation, and decommissioning activities at the
Applicant's facility in Vermilion County, Illinois. Included with the
application is a draft habitat conservation plan (HCP). The draft HCP
describes how take of Indiana and northern long-eared bats (covered
species) will be minimized and mitigated to the maximum extent
practicable. The draft HCP also describes the covered species' life
history and ecology, biological goals and objectives, the estimated
take and its potential impact on covered species populations, adaptive
management and monitoring, and compensatory mitigation. Also included
is the Service's draft environmental assessment (EA), which describes
possible alternatives to the proposed permit action, including an
analysis of potential effects on the human environment. We are seeking
public comments on the permit application, draft HCP, and draft EA.
Endangered Species Act
Section 9 of the ESA prohibits ``take'' of fish and wildlife
species listed as endangered under section 4 (16 U.S.C. 1538, and 1533,
respectively). 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'' is defined by regulation as an act which actually kills or
injures wildlife. Such act may include significant habitat modification
or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including
breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is
defined in the regulations as an intentional or negligent act or
omission which creates the likelihood of injury to wildlife by annoying
it to such an extent as to significantly disrupt normal behavioral
patterns, which include, but are not limited to, breeding, feeding, or
sheltering (50 CFR 17.3).
Under section 10 of the ESA, the Service may issue permits to
authorize incidental take of federally listed fish and wildlife
species. ``Incidental take'' is defined by the ESA as ``take that is
incidental to, and not the purpose of, carrying out an otherwise lawful
activity.'' To obtain an ITP, an applicant must submit an HCP that
specifies (1) the impact that will likely result from the taking; (2)
what steps the applicant will take to monitor, minimize and mitigate
the impacts, and the funding that will be available to implement such
steps; (3) what alternative actions to the taking the applicant
considered and the reasons why the alternatives are not being utilized;
and (4) how the applicant will carry out any other measures that we may
require as being necessary or appropriate for purposes of the HCP (50
CFR 17.22(b)(1)(iii); 50 CFR 17.32(b)(1)(iii)(C)). If we find, after
opportunity for public comment, with respect to the permit application
and the related HCP, that (1) the taking will be incidental; (2) the
applicant will, to the maximum extent practicable, minimize and
mitigate the impacts of such taking; (3) the applicant will ensure that
adequate funding for the HCP will be provided, as well as procedures to
deal with unforeseen circumstances; (4) the taking will not appreciably
reduce the likelihood of the survival and recovery of the species in
the wild; and (5) the measures, if any, required by us will be carried
out; and we have received assurances that the plan will be implemented,
then we will issue the applicant the requested permit (50 CFR 17.22,
17.32(b)(2)(i)). The purpose of the HCP process and subsequent issuance
of a permit is to authorize the incidental take of threatened or
endangered species, not to authorize the underlying activities that
result in take. This process ensures that the effects of the authorized
incidental take will be adequately minimized and mitigated to the
maximum extent practicable.
National Environmental Policy Act
The proposed issuance of a permit is a Federal action that triggers
the need for compliance with the National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321 et seq.; NEPA). Pursuant to NEPA, we
have prepared a draft EA to analyze the environmental impacts of three
alternatives related to the issuance of the requested permit and
implementation of the conservation program under the proposed HCP. The
three alternatives analyzed in the EA are a no-action alternative, the
proposed action, and a reduced take alternative.
No-action alternative: Under the no-action alternative, no permit
would be issued and no HCP would be implemented.
Proposed action alternative: The proposed action alternative is the
implementation of the Applicants proposed HCP and issuance of the
requested permit as described above.
Reduced take alternative: The reduced take alternative evaluates
potential modifications to the Applicants operating regime beyond those
proposed by the Applicant.
Public Comments
All comments received, including names and addresses, will become
part of the administrative record and may be made available to the
public. 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, could be made publicly available at any time. While you
may request at the top of your document that we withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
Next Steps
We will evaluate the draft HCP and any comments we receive to
determine whether the permit application meets the requirements of
section 10(a) of the ESA. We will also evaluate whether issuance of the
requested permit complies with section 7 of the ESA by conducting an
intra-Service ESA section 7 consultation. Our EA process will culminate
with a decision by the Service's Midwest Region Regional Director on
one of the three alternatives found in the EA. Once an alternative is
selected, the Regional Director will decide whether the alternative
selected will significantly impact the quality of the human
environment, as defined by the NEPA and its implementing regulations.
If he finds that the alternative selected will not result in
significant environmental impacts, he will issue a ``Finding No
Significant Impact.'' If he finds that the alternative selected will
result in significant environmental impacts, he will issue a Notice of
Intent to prepare an Environmental Impact Statement (EIS).
Authority
This notice is provided pursuant to section 10(c) of the ESA and
NEPA regulations (40 CFR 1506.6).
[[Page 13132]]
Dated: January 13, 2017.
Lori Nordstrom,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2017-04663 Filed 3-8-17; 8:45 am]
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