83 FR 25475 - Notice of Intent To Prepare a Programmatic Environmental Impact Statement Addressing the Issuance of Incidental Take Permits for Four Wind Energy Projects in Hawai`i
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 106 (June 1, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 106 (June 1, 2018)
| Page Range | 25475-25479 | |
| FR Document | 2018-11821 |
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)] [Notices] [Pages 25475-25479] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11821] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2018-N007]; [FXES11140100000-189-FF01E00000] Notice of Intent To Prepare a Programmatic Environmental Impact Statement Addressing the Issuance of Incidental Take Permits for Four Wind Energy Projects in Hawai`i AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent; notice of public scoping meetings; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to prepare a draft programmatic environmental impact statement addressing the potential impacts on the human environment caused by alternatives described in habitat conservation plans (HCPs) for four similar wind energy projects. The HCPs were submitted to the Service in support of requests for incidental take permits (ITPs) under the Endangered Species Act authorizing the take of endangered species. 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 addressing the Auwahi Wind and Kaheawa Wind Power II projects, both located on Maui, and the Kawailoa Wind Power project, located on O`ahu. All four wind energy facilities are already constructed and in operation. The proposed ITP and proposed ITP amendments would address take of three endangered species: The Hawaiian hoary bat, the Hawaiian goose, and the Hawaiian petrel. DATES: The public scoping period begins with the publication of this notice in the Federal Register and will continue through July 2, 2018. The Service will consider all written comments on the scope of the analysis that are received or postmarked by this date. Public meetings: The Service will hold three public scoping meetings, one each on the islands of Hawai`i, Maui, and O`ahu, at the following times during the scoping period:Hawai`i: June 18, 2018, 6 to 8 p.m. Maui: June 20, 2018, 6 to 8 p.m. O`ahu: June 21, 2018 6 to 8 p.m. ADDRESSES: To request further information or submit written comments, please use one of the following methods. Please include ``Wind Energy HCPs and PEIS Scoping'' 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, Hawai`i 96850. Email: [email protected]. 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: The three public scoping meetings will be held at the following locations: Hawai`i: Na`alehu Community Center, 95-5635 Mamalahoa Hwy., Na`alehu, Hawai`i, HI 96772. Maui: Malcolm Center, 1305 North Holopono Street, Suite 5, K[imacr]hei, Maui, HI 96753 O`ahu: Sunset Beach Recreation Center, 59-540 Kamehameha Hwy., Haleiwa, O`ahu, HI 96712 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. Also, FRS is 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: We, the U.S. Fish and Wildlife Service, are initiating the National Environmental Policy Act (NEPA) compliance process related to four incidental take permit (ITP) applications under section 10 of the Endangered Species Act, as amended (ESA) (16 U.S.C. 1531 et seq.). The applications are for four wind energy projects in Hawai`i. The proposed ITPs (involving one new and three amended ITPs) would authorize take of the endangered Hawaiian hoary bat ([omacr]pe`ape`a in Hawaiian; Lasiurus cinereus semotus), the endangered Hawaiian goose (n[emacr]n[emacr] in Hawaiian; Branta sandvicensis), and the endangered Hawaiian petrel (`ua`u in Hawaiian; Pterodroma sandwichensis). The Service provides this notice to (1) advise other Federal and State agencies, local governments, and the general public of our intent to prepare a programmatic environmental impact statement (PEIS); (2) announce the initiation of a 30-day scoping period; and (3) request information and recommendations on the scope of the issues to be included in the PEIS, including input on the appropriateness of our intent to develop a single PEIS addressing project-specific alternatives and cumulative impacts of the four separate permit decisions, instead of preparing an individual EIS for each of the proposed permit actions. The four wind energy facilities are already constructed and in operation. Therefore, the PEIS will address only effects associated with the operation of the four wind energy projects. The PEIS will serve as the Service's documentation of compliance with NEPA. The Service believes 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; a reduction in duplicative efforts between projects; improved consistency in the analysis; and a more efficient and comprehensive solicitation of public input. Background Section 9 of the ESA prohibits ``take'' of fish and wildlife species listed as endangered or threatened. 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 further defined by regulation in title 50 of the Code of Federal Regulations as an act that 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 [[Page 25476]] ``harass'' is also further defined in the regulations as an intentional or negligent act or omission that 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). 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. Proposed Action The Service intends to prepare a 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 KWP II wind energy projects. If these proposed HCPs meet permit issuance criteria, the Service would issue separate ITPs to each of the four permit applicants. The existing projects, the amount of take authorized in their original ITP, and the estimated levels of take in the proposed new or amended HCPs (See Tables 1-3) are briefly described below. The ITPs, if issued, would authorize the incidental take of listed species caused by the operation of existing land-based wind energy facilities. Tables 1-3--Estimated Change in Authorized Take Requested for the Hawaiian Hoary Bat, the Hawaiian Petrel, and the Hawaiian Goose per Project Applicant ---------------------------------------------------------------------------------------------------------------- Take currently Project authorized 1 2 Change Total \3\ ---------------------------------------------------------------------------------------------------------------- Table 1--Hawaiian Hoary Bat ---------------------------------------------------------------------------------------------------------------- Auwahi................................................. 21 +176 197 Kawailoa............................................... 60 +162 222 KWPII.................................................. 11 +27 38 Pakini Nui............................................. NA +26 26 -------------------------------------------------------- Total.............................................. 92 +391 483 ---------------------------------------------------------------------------------------------------------------- Table 2--Hawaiian Petrel 4 ---------------------------------------------------------------------------------------------------------------- Auwahi................................................. 87 0 87 Kawailoa............................................... 0 +7 7 KWPII.................................................. 43 0 43 Pakini Nui............................................. NA +3 3 -------------------------------------------------------- Total.............................................. 130 +10 140 ---------------------------------------------------------------------------------------------------------------- Table 3--Hawaiian Goose 4 ---------------------------------------------------------------------------------------------------------------- Auwahi................................................. 5 0 5 Kawailoa............................................... 0 0 0 KWPII.................................................. 30 +14 44 Pakini Nui............................................. NA +3 3 -------------------------------------------------------- Total.............................................. 35 +17 52 ---------------------------------------------------------------------------------------------------------------- \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. 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 and February 9, 2012, respectively. The Auwahi Wind project consists of eight Siemens 3.0-megawatt (MW) wind turbines, augmented with an 11-MW [[Page 25477]] 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 Blackburn's sphinx moths (Manduca blackburni). 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 estimated 176 Hawaiian hoary bats (for a total of 197 bats) over the 25-year permit term, which expires in 2037. 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 4.0-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 coots (`alae kea; Fulica americana alai); 24 Hawaiian stilts (kukuluae`o; Himantopus mexicanus knudseni); and 15 Newell's shearwaters (`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 162 Hawaiian hoary bats (for a total of 222 bats), over the 20-year permit term, which expires in 2031. Additionally, in 2017, Kawailoa Wind Power, LLC, documented the take of at least one Hawaiian petrel at their project 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 seven Hawaiian petrels in their permit amendment. Kaheawa Wind Power II The Kaheawa Wind Power II (KWP II) project is located at Kaheawa Pastures above M[amacr]`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 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 shearwater, and 43 Hawaiian petrel. The above levels of take were anticipated to result from project construction and operations, including 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. 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 a 20-year permit term. Covered Species 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 nocturnal, solitary, and small in size 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 applicants assert that more recent project-specific bat fatality data and use of new statistical tools for estimating and predicting take of bats provides 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. The Hawaiian petrel was listed as endangered under the ESA on March 11, 1967 (32 FR 4001). The Hawaiian petrel [[Page 25478]] is a seabird that breeds in high-elevation volcanic terrain or in montane mesic forests. When Hawaiian petrels fly over land areas, they are vulnerable to collision with manmade structures, including wind turbines. Draft Programmatic Environmental Impact Statement This notice was prepared pursuant to NEPA (42 U.S.C. 4321 et seq.), and its implementing regulations (40 CFR 1506.6), and pursuant to section 10(c) of the ESA. For purposes of NEPA compliance, preparation of an EIS is required for actions that have the potential to significantly impact the human environment (40 CFR parts 1500-1508). To determine whether a proposed Federal action would require the preparation of an EIS, the Service must consider two distinct factors: Context and intensity (40 CFR 1508.27, Service and National Marine Fisheries Service HCP Handbook 2016). Context refers to the geographic scale (local, regional, or national) of significance of short- and/or long-term effects/impacts of a proposed action. Intensity refers to the severity of the effects/impacts relative to the affected settings, including the degree to which the proposed action affects: An endangered or threatened species or designated critical habitat; public health or safety; scientific, historic or cultural resources; or other aspects of the human environment. In determining whether the preparation of an EIS is warranted, we must also consider the 10 components of intensity, as set forth under 40 CFR 1508.27(b): 1. Impacts that may be both beneficial and adverse. A significant impact may exist even if the Federal agency believes that on balance the effect will be beneficial. 2. The degree to which the proposed action affects public health or safety. 3. Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. 4. The degree to which the effects on the quality of the human environment are likely to be highly controversial. 5. The degree to which the potential impacts are highly uncertain or involve unique or unknown risks. 6. The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration. 7. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. 8. The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources. 9. The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the ESA. 10. Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment. The Service performed internal NEPA scoping for the four proposed ITP actions and identified the environmental issues requiring detailed analysis and also identified connected, similar, and cumulative actions. In this case, and after considering the above factors, the Service has determined that the four proposed ITP actions have the potential to significantly impact the human environment as described in the following paragraphs. Nearly 30 percent of renewable energy generated on the islands of Hawaii, Maui, and O'ahu is sourced solely from land-based wind. Combined, the four proposed ITP actions would address 50 percent of the existing wind energy operations in the State of Hawaii. Three of the four ITP actions propose to significantly increase their authorized incidental take levels for the endangered Hawaiian hoary bat. The applicants assert that recent project-specific bat fatality data and use of new statistical tools account for unobserved fatalities in estimating and predicting take of bats. This information provides confidence that their revised estimates of total project-related take of bats are conservative (high). There is a significant amount of mathematical uncertainty built into the projected take estimate, such that permit applicants believe take levels will not be exceeded and any commensurate mitigation proposed would provide a net conservation benefit compared to the actual take impact to the species. Cumulatively, the four proposed actions may have significant impacts to the Hawaiian hoary bat or other connected components of the human environment. The Hawaiian hoary bat is nocturnal, solitary, and small in size. These qualities have made it difficult for wildlife researchers to effectively study this species, and as a result much of the biological characteristics of the Hawaiian hoary bat are relatively unknown. The permit applicants may propose a suite of measures to mitigate for take of the Hawaiian hoary bat, including but not limited to: Habitat restoration, land acquisition, and scientific research to determine the relative size and priority needs of the Hawaiian hoary bat population. The results of this scientific research are intended to inform mitigation strategies for the Hawaiian hoary bat. Given the high level of uncertainty concerning biological impacts and mitigation efficacy, the context and intensity of potential impacts of these permit actions on the human environment are likely to be locally and regionally significant. Examining the four proposed permit actions individually, the Service determined that each of the proposed actions is of sufficient size and complexity to warrant the preparation of an EIS; is similar to previous permit actions taken by the Service's Pacific Region that likewise required the preparation of an EIS; and may have significant effects on the human environment. On that basis and in accordance with regulations at 40 CFR 1501.4, 1507.3, and 1508.27, the Service believes preparation of an EIS is warranted to analyze the project-specific and cumulative environmental impacts associated with these four individual proposed ITP actions. We do not intend to prepare an environmental assessment for any of these four ITP actions. Similar Actions In accordance with regulations at 40 CFR 1508.25, an agency may analyze similar actions in the same impact statement when this is the best way to assess their combined impacts. Due to the similarities between these four wind energy projects including geography, impacts to covered species, and proposed minimization and mitigation measures, the Service believes a combined PEIS is the most efficient and comprehensive approach for considering the project-specific and cumulative impacts of these actions on the human environment. The PEIS will ensure consistency and reduce duplication in analysis across all projects, support a comprehensive look at cumulative impacts, and simplify opportunities for public input and engagement. Request for Information We intend to gather information necessary to determine impacts and alternatives of permit decisions, regarding the potential issuance of separate ITPs to each of the four wind energy project applicants and the [[Page 25479]] implementation of their supporting HCPs. The primary purpose of the scoping process is for the public and other agencies to assist in developing the PEIS by identifying important issues and alternatives that should be considered. However, this scoping process would also be used to inform single-project EISs if we determine it is more appropriate to prepare a separate EIS for each of the proposed permit actions. The Service is requesting data, comments, new information, and/or recommendations from the public, other governmental agencies, the scientific community, Native Hawaiian organizations or entities, industry, or other interested parties related to our development of the PEIS or individual EISs. We seek specific comments on: 1. Biological information and relevant data (e.g., range, distribution, population size, and population trends) for the Hawaiian hoary bat, Hawaiian goose, and the Hawaiian petrel; 2. Potential direct and indirect impacts on the human environment that would occur as a result of the continued operation of these wind energy facilities and the proposed increase in authorized take of the Hawaiian hoary bat, Hawaiian goose, and the Hawaiian petrel; 3. Whether a programmatic NEPA approach, as proposed, or separate NEPA evaluations for each of the four wind energy projects, is appropriate; 4. Possible alternatives to the proposed ITP actions that the Service should evaluate; 5. The presence of archaeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns in the vicinity of any of the four wind project sites, including their mitigation areas, which are required to be considered in project planning by the National Historic Preservation Act; and 6. Other past, present, or reasonably foreseeable future activities on the islands of Oahu, Maui, and Hawaii that may contribute to the cumulative impact on the Hawaiian hoary bat, Hawaiian goose, and the Hawaiian petrel. Once the draft PEIS (or individual EISs) and draft HCPs are prepared, there will be further opportunity for comment on the content of these documents through an additional public comment period. Public Availability of Comments You may submit your comments and materials by one of the methods listed above 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(s)--including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment(s) 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). 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.), and per NEPA regulations (40 CFR 1501.7, 40 CFR 1506.5 and 1508.22). Dated: January 31, 2018. Theresa E. Rabot, Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service. [FR Doc. 2018-11821 Filed 5-31-18; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices 25475
governments a reasonable opportunity proposed ITP amendments would (ITP) applications under section 10 of
to comment on such undertakings. address take of three endangered the Endangered Species Act, as
species: The Hawaiian hoary bat, the amended (ESA) (16 U.S.C. 1531 et seq.).
Next Steps
Hawaiian goose, and the Hawaiian The applications are for four wind
After the public review period is petrel. energy projects in Hawai‘i. The
complete and the Agencies have DATES: The public scoping period begins proposed ITPs (involving one new and
reviewed the results, a list of comments with the publication of this notice in the three amended ITPs) would authorize
and responses will be compiled and Federal Register and will continue take of the endangered Hawaiian hoary
included in the Final EIS. The Agencies through July 2, 2018. The Service will bat (ōpe‘ape‘a in Hawaiian; Lasiurus
will select a preferred alternative that consider all written comments on the cinereus semotus), the endangered
will be set forth in the Final EIS and scope of the analysis that are received
Hawaiian goose (nēnē in Hawaiian;
Draft Record of Decision (ROD). The Branta sandvicensis), and the
or postmarked by this date.
Final EIS and Draft ROD will be made Public meetings: The Service will endangered Hawaiian petrel (‘ua‘u in
available to the public through an NOA hold three public scoping meetings, one Hawaiian; Pterodroma sandwichensis).
in the Federal Register. The Service provides this notice to (1)
each on the islands of Hawai‘i, Maui,
Dated: May 25, 2018.
advise other Federal and State agencies,
and O‘ahu, at the following times during
local governments, and the general
Karl H. Calvo, the scoping period:
public of our intent to prepare a
Assistant Commissioner, Office of Facilities • Hawai‘i: June 18, 2018, 6 to 8 p.m.
programmatic environmental impact
and Asset Management, Office of Enterprise • Maui: June 20, 2018, 6 to 8 p.m.
• O‘ahu: June 21, 2018 6 to 8 p.m. statement (PEIS); (2) announce the
Services, U.S. Customs and Border Protection.
initiation of a 30-day scoping period;
Gregory C. Smith, ADDRESSES: To request further
and (3) request information and
Acting Associate Deputy Chief, National information or submit written recommendations on the scope of the
Forest System, U.S. Forest Service. comments, please use one of the issues to be included in the PEIS,
[FR Doc. 2018–11766 Filed 5–31–18; 8:45 am] following methods. Please include including input on the appropriateness
BILLING CODE 9111–14–P ‘‘Wind Energy HCPs and PEIS Scoping’’ of our intent to develop a single PEIS
in the subject line of your request, addressing project-specific alternatives
message, or comment. and cumulative impacts of the four
DEPARTMENT OF THE INTERIOR • U.S. Mail: Field Supervisor, U.S. separate permit decisions, instead of
Fish and Wildlife Service, Pacific preparing an individual EIS for each of
Fish and Wildlife Service Islands Fish and Wildlife Office, 300 the proposed permit actions. The four
Ala Moana Boulevard, Room 3–122, wind energy facilities are already
[FWS–R1–ES–2018–N007]; Honolulu, Hawai‘i 96850. constructed and in operation. Therefore,
[FXES11140100000–189–FF01E00000] • Email: HIwindPEIS@fws.gov. the PEIS will address only effects
• Fax: 808–792–9580, Attn: Field associated with the operation of the four
Notice of Intent To Prepare a
Supervisor. wind energy projects.
Programmatic Environmental Impact • Internet: You may obtain copies of
Statement Addressing the Issuance of The PEIS will serve as the Service’s
this notice from the Service’s Pacific documentation of compliance with
Incidental Take Permits for Four Wind Islands Fish and Wildlife Office in
Energy Projects in Hawai‘i NEPA. The Service believes a
Honolulu, Hawai‘i, or on the internet at programmatic NEPA analysis of similar
AGENCY: Fish and Wildlife Service, https://www.fws.gov/pacificislands/. wind energy project-related permit
Interior. Public meetings: The three public decisions provides the following
ACTION: Notice of intent; notice of public
scoping meetings will be held at the benefits: A comprehensive analysis of
scoping meetings; request for comments. following locations: cumulative impacts across all projects; a
• Hawai‘i: Na‘alehu Community reduction in duplicative efforts between
SUMMARY: We, the U.S. Fish and Center, 95–5635 Mamalahoa Hwy., projects; improved consistency in the
Wildlife Service (Service), intend to Na‘alehu, Hawai‘i, HI 96772. analysis; and a more efficient and
prepare a draft programmatic • Maui: Malcolm Center, 1305 North comprehensive solicitation of public
environmental impact statement Holopono Street, Suite 5, Kı̄hei, Maui, input.
addressing the potential impacts on the HI 96753
human environment caused by • O‘ahu: Sunset Beach Recreation Background
alternatives described in habitat Center, 59–540 Kamehameha Hwy., Section 9 of the ESA prohibits ‘‘take’’
conservation plans (HCPs) for four Haleiwa, O‘ahu, HI 96712 of fish and wildlife species listed as
similar wind energy projects. The HCPs FOR FURTHER INFORMATION CONTACT: endangered or threatened. Under
were submitted to the Service in Darren LeBlanc, at 808–792–9403, or section 3 of the ESA, the term ‘‘take’’
support of requests for incidental take Michelle Bogardus at 808–792–9473. means to harass, harm, pursue, hunt,
permits (ITPs) under the Endangered Persons who use a telecommunications shoot, wound, kill, trap, capture, or
Species Act authorizing the take of device for the deaf (TDD) may call the collect, or attempt to engage in any such
endangered species. The proposed Federal Relay Service (FRS) at 1–800– conduct (16 U.S.C. 1532(19)). The term
permit actions involve a new HCP for 877–8339 during normal business ‘‘harm’’ is further defined by regulation
the Pakini Nui Wind Farm on the Island hours. Also, FRS is available 24 hours in title 50 of the Code of Federal
of Hawai‘i and major amendments to a day, 7 days a week, to leave a message Regulations as an act that actually kills
daltland on DSKBBV9HB2PROD with NOTICES
three existing HCPs addressing the or question. You will receive a reply or injures wildlife. Such act may
Auwahi Wind and Kaheawa Wind during normal business hours. include significant habitat modification
Power II projects, both located on Maui, SUPPLEMENTARY INFORMATION: We, the or degradation where it actually kills or
and the Kawailoa Wind Power project, U.S. Fish and Wildlife Service, are injures wildlife by significantly
located on O‘ahu. All four wind energy initiating the National Environmental impairing essential behavioral patterns,
facilities are already constructed and in Policy Act (NEPA) compliance process including breeding, feeding, or
operation. The proposed ITP and related to four incidental take permit sheltering (50 CFR 17.3). The term
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![Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices 25479
implementation of their supporting address, or other personal identifying published in the Federal Register on
HCPs. The primary purpose of the information in your comment, you November 14, 1979, and any and all
scoping process is for the public and should be aware that your entire previous statutes.
other agencies to assist in developing comment(s)—including your personal DATES: This Ordinance takes effect July
the PEIS by identifying important issues identifying information—may be made 2, 2018.
and alternatives that should be publicly available at any time. While FOR FURTHER INFORMATION CONTACT: Mr.
considered. However, this scoping you can ask us in your comment(s) to Greg Norton, Tribal Government
process would also be used to inform withhold your personal identifying Specialist, Northwest Regional Office,
single-project EISs if we determine it is information from public review, we Bureau of Indian Affairs, 911 Northeast
more appropriate to prepare a separate cannot guarantee that we will be able to 11th Avenue, Portland, OR 97232;
EIS for each of the proposed permit do so. Comments and materials we telephone: (503) 231–6702; fax: (503)
actions. receive, as well as supporting 231–2201.
The Service is requesting data, documentation we use in preparing the
comments, new information, and/or SUPPLEMENTARY INFORMATION: Pursuant
PEIS, will be available for public
recommendations from the public, other inspection by appointment, during to the Act of August 15, 1953, Public
governmental agencies, the scientific normal business hours, at the Service’s Law 83–277, 67 Stat. 586, 18 U.S.C.
community, Native Hawaiian Pacific Islands Fish and Wildlife Office. 1161, as interpreted by the Supreme
organizations or entities, industry, or Court in Rice v. Rehner, 463 U.S. 713
other interested parties related to our Reasonable Accommodation (1983), the Secretary of the Interior shall
development of the PEIS or individual Persons needing reasonable certify and publish in the Federal
EISs. We seek specific comments on: accommodations to attend and Register notice of adopted liquor
1. Biological information and relevant participate in the public meetings ordinances for the purpose of regulating
data (e.g., range, distribution, should contact Darren LeBlanc or liquor transactions in Indian country.
population size, and population trends) Michelle Bogardus at the Service’s This notice is published in
for the Hawaiian hoary bat, Hawaiian Pacific Islands Fish and Wildlife Office accordance with the authority delegated
goose, and the Hawaiian petrel; (see FOR FURTHER INFORMATION CONTACT). by the Secretary of the Interior to the
2. Potential direct and indirect To allow sufficient time to process Assistant Secretary—Indian Affairs. I
impacts on the human environment that requests, please call no later than 14 certify that the Shoalwater Bay Indian
would occur as a result of the continued days in advance of the meeting dates. Tribe of the Shoalwater Bay Indian
operation of these wind energy facilities Reservation adopted Resolution
Authority Number: 02–16–18–07 (Liquor Control
and the proposed increase in authorized
take of the Hawaiian hoary bat, We provide this notice in accordance Ordinance) on February 16, 2018. The
Hawaiian goose, and the Hawaiian with the requirements of section 10 of statute repeals and replaces the previous
petrel; the ESA (16 U.S.C. 1531 et seq.), and per liquor control ordinance published in
3. Whether a programmatic NEPA NEPA regulations (40 CFR 1501.7, 40 the Federal Register on November 14,
approach, as proposed, or separate CFR 1506.5 and 1508.22). 1979 (44 FR 65675).
NEPA evaluations for each of the four Dated: January 31, 2018. Dated: May 14, 2018.
wind energy projects, is appropriate; Theresa E. Rabot, John Tahsuda,
4. Possible alternatives to the
Deputy Regional Director, Pacific Region, U.S. Principal Deputy Assistant Secretary—Indian
proposed ITP actions that the Service Fish and Wildlife Service. Affairs, Exercising the Authority of the
should evaluate; Assistant Secretary—Indian Affairs.
[FR Doc. 2018–11821 Filed 5–31–18; 8:45 am]
5. The presence of archaeological
sites, buildings and structures, historic BILLING CODE 4333–15–P SHOALWATER BAY INDIAN TRIBE
events, sacred and traditional areas, and TRIBAL CODE
other historic preservation concerns in
DEPARTMENT OF THE INTERIOR TITLE 10—LIQUOR CONTROL
the vicinity of any of the four wind
project sites, including their mitigation Bureau of Indian Affairs Chapter 10.1 General Provisions
areas, which are required to be
[189A2100DD/AAKC001030/ Section 10.1.01 Title
considered in project planning by the
National Historic Preservation Act; and A0A501010.999900 253G] This Title shall be cited as the tribal
6. Other past, present, or reasonably ‘‘Liquor Control’’ code of the Shoalwater
Shoalwater Bay Indian Tribe of the
foreseeable future activities on the Bay Indian Tribe.
Shoalwater Bay Indian Reservation
islands of Oahu, Maui, and Hawaii that
Liquor Ordinance; Repeal and Replace Section 10.1.02 Authority
may contribute to the cumulative
impact on the Hawaiian hoary bat, AGENCY: Bureau of Indian Affairs, This title is enacted pursuant to the
Hawaiian goose, and the Hawaiian Interior. Tribe’s inherent sovereignty and
petrel. ACTION: Notice. pursuant to the provisions of the
Once the draft PEIS (or individual Shoalwater Bay Tribal Constitution,
EISs) and draft HCPs are prepared, there SUMMARY: This notice publishes the Article VI, Powers of the Tribal Council,
will be further opportunity for comment Shoalwater Bay Indian Tribe of the Section 1. Enumerated Powers,
on the content of these documents Shoalwater Bay Indian Reservation (the subsections (e),(f) and (x) and in
through an additional public comment Tribe) Liquor Control Ordinance (the conformity with the applicable laws of
daltland on DSKBBV9HB2PROD with NOTICES
period. Ordinance). The Ordinance certifies the the State of Washington to the extent
Tribe’s liquor licensing laws to regulate required under 18 U.S. C. § 1161.
Public Availability of Comments and control the possession, sale, and
You may submit your comments and consumption of liquor within the Section 10.1.03 Relation to Other
materials by one of the methods listed jurisdiction of the Tribe’s reservation. Tribal Laws
above in ADDRESSES. Before including The Ordinance repeals and replaces the Prior liquor control ordinances are
your address, phone number, email previous liquor control ordinance hereby repealed. Chapter 2.06 of the
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Document Created: 2018-06-01 01:30:21
Document Modified: 2018-06-01 01:30:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of intent; notice of public scoping meetings; request for comments. | |
| Dates | The public scoping period begins with the publication of this notice in the Federal Register and will continue through July 2, 2018. The Service will consider all written comments on the scope of the analysis that are received or postmarked by this date. | |
| 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. Also, FRS is available 24 hours a day, 7 days a week, to leave a message or question. You will receive a reply during normal business hours. | |
| FR Citation | 83 FR 25475 |
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