83_FR_28124 83 FR 28008 - Request for Renewal of the Incidental Take Permit and Short-Term Habitat Conservation Plan for Operation and Maintenance of Existing and Limited Future Facilities Associated With the Kauai Island Utility Cooperative on Kauai, Hawaii

83 FR 28008 - Request for Renewal of the Incidental Take Permit and Short-Term Habitat Conservation Plan for Operation and Maintenance of Existing and Limited Future Facilities Associated With the Kauai Island Utility Cooperative on Kauai, Hawaii

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 116 (June 15, 2018)

Page Range28008-28011
FR Document2018-12889

The Kauai Island Utility Cooperative (KIUC, or applicant) has submitted an application to the U.S. Fish and Wildlife Service (Service) for renewal of their incidental take permit (permit) under the Endangered Species Act of 1973, as amended. The permit is associated with KIUC's Short-Term Habitat Conservation Plan (Short-Term HCP) that addresses incidental take of three listed bird species caused by the operation and maintenance of KIUC's existing and anticipated electrical utility facilities on Kauai, Hawaii. The applicant is requesting renewal of the permit for an indefinite period until the Service renders a decision on a Long-Term HCP and permit application currently under development by KIUC. We are making the permit renewal application available for public review and comment.

Federal Register, Volume 83 Issue 116 (Friday, June 15, 2018)
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 28008-28011]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12889]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2018-N017]; [FXES11140100000-189-FF01E00000]


Request for Renewal of the Incidental Take Permit and Short-Term 
Habitat Conservation Plan for Operation and Maintenance of Existing and 
Limited Future Facilities Associated With the Kauai Island Utility 
Cooperative on Kauai, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Kauai Island Utility Cooperative (KIUC, or applicant) has 
submitted an application to the U.S. Fish and Wildlife Service 
(Service) for renewal of their incidental take permit (permit) under 
the Endangered Species Act of 1973, as amended. The permit is 
associated with KIUC's Short-Term Habitat Conservation Plan (Short-Term 
HCP) that addresses incidental take of three listed bird species caused 
by the operation and maintenance of KIUC's existing and anticipated 
electrical utility facilities on Kauai, Hawaii. The applicant is 
requesting renewal of the permit for an indefinite period until the 
Service renders a decision on a Long-Term HCP and permit application 
currently under development by KIUC. We are making the permit renewal 
application available for public review and comment.

DATES: All comments from interested parties must be received on or 
before July 16, 2018.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods:
     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, Hawaii 96850. Include ``KIUC Short-
Term HCP'' in the subject line of your request or comment.
     Email: KIUCShort-Termhcp@fws.gov. Include ``KIUC Short-
Term HCP'' in the subject line of the message.
     Fax: 808-792-9580, Attn: Field Supervisor. Include ``KIUC 
Short-Term HCP'' in the subject line of the message.
     Internet: You may obtain copies of this notice on the 
internet at https://www.fws.gov/pacificislands/, or from the Service's 
Pacific Islands Fish and Wildlife Office in Honolulu, Hawaii (see FOR 
FURTHER INFORMATION CONTACT section).
    We request that you send comments by only one of the methods 
described above. See the Public Availability of Comments section below 
for more information.

FOR FURTHER INFORMATION CONTACT: Leila Nagatani, U.S. Fish and Wildlife 
Service (see ADDRESSES above), telephone (808) 792-9400. Hearing or 
speech impaired individuals may call the Federal Relay Service at 800-
877-8339 for TTY assistance.

SUPPLEMENTARY INFORMATION: The Kauai Island Utility Cooperative (KIUC, 
or applicant) has submitted an application to the U.S. Fish and 
Wildlife Service (Service) for renewal of their incidental take permit 
(permit) under the Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.). The permit is associated with KIUC's Short-Term 
Habitat Conservation Plan (Short-Term HCP) that addresses incidental 
take of three listed species caused by the operation and maintenance of 
KIUC's existing and anticipated electrical utility facilities on Kauai, 
Hawaii. The applicant is

[[Page 28009]]

requesting renewal of the permit to authorize incidental take of the 
federally endangered Hawaiian petrel, the federally endangered band-
rumped storm-petrel, and the federally threatened Newell's (Townsends) 
shearwater (collectively referred to as ``Covered Species'') for an 
indefinite period until the Service renders a decision on a Long-Term 
HCP and permit application currently under development by KIUC. We are 
making the permit renewal application available for public review and 
comment.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538 and 16 
U.S.C. 1533). 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(a) of the ESA, the Service may issue permits to 
authorize incidental take of 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. 
Section 10(a)(1)(B) of the ESA contains provisions for issuing 
incidental take permits to non-Federal entities for the take of 
endangered and threatened species, provided the following criteria are 
met:
     The taking will be incidental;
     The applicant will, to the maximum extent practicable, 
minimize and mitigate the impact of such taking;
     The applicant will develop a proposed HCP and ensure that 
adequate funding for the plan will be provided;
     The taking will not appreciably reduce the likelihood of 
the survival and recovery of the species in the wild; and
     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 at 50 CFR 17.22 and 17.32.
    A permittee may submit an application for renewal of their permit 
if they certify that all information in the original application 
remains current and correct, unless previously changed or corrected. If 
such information is no longer current or correct, they must provide 
corrected information; see 50 CFR 13.22(a). The Service shall issue a 
renewal of a permit if the issuance criteria set forth in 50 CFR 
13.21(b) are met and the applicant for renewal is not disqualified. The 
Service may deny renewal of a permit to an applicant who fails to meet 
the issuance criteria set forth in Sec.  13.21 or the parts or sections 
specifically governing the activity for which renewal is requested 
(discussed above); see 50 CFR 13.22(d). Under certain conditions, an 
entity holding a valid, renewable permit may continue the activities 
authorized by the expired permit until the Service acts on the 
application for renewal; see 50 CFR 13.22(c).

Covered Species

    The federally endangered Hawaiian petrel (Pterodroma 
sandwichensis), the federally endangered Hawaii population (distinct 
population segment (DPS)) of the band-rumped storm petrel (Oceanodroma 
castro), and the federally threatened Newell's Townsend's shearwater 
(Puffinus auricularis newelli) or Newell's shearwater (as a subspecies 
of the Townsend's shearwater), are seabirds that breed on Kauai and 
feed in the open ocean. Each of these species spends a large part of 
the year at sea. Adults generally return to their colonial nesting 
grounds in the interior mountains of Kauai beginning in March and 
April, and depart beginning in September. Juvenile seabirds travel from 
the nesting colony to the sea in the fall. Both adults and juveniles 
are known to collide with tall buildings, towers, power lines, and 
other structures while flying at night between their nesting colonies 
and at-sea foraging areas. These birds, and particularly juveniles, are 
also attracted to bright lights. Disoriented birds are commonly 
observed circling repeatedly around exterior light sources until they 
fall to the ground or collide with structures.

KIUC Short-Term HCP

    KIUC is a not-for-profit, tax-exempt cooperative association owned 
by its ratepayer/customers and governed by a publicly-elected Board of 
Directors. It generates and distributes electricity to the entire 
island of Kauai, Hawaii. KIUC's existing facilities include over 1,400 
miles of electrical transmission and distribution lines, two fossil 
fuel-fired generating stations, two hydroelectric stations, two 12-
megawatt solar energy parks, 14 substations, and approximately 3,500 
streetlights. KIUC developed a Short-Term HCP that addresses incidental 
take of the three Covered Species caused by the operation and 
maintenance of KIUC's existing and anticipated facilities over a period 
of up to 5 years from 2011 to 2016.
    In 2011, the KIUC Short-Term HCP was approved by the Service, and 
KIUC received a permit for incidental take of the Covered Species. The 
Short-Term HCP covers activities within all areas on Kauai where KIUC's 
facilities (e.g., generating stations, power lines, utility poles, 
lights) are located. These activities include the continuing operation, 
maintenance, and repair of all existing facilities, and the 
construction, operation, maintenance, and repair of certain new 
facilities, during the term of the permit. The Short-Term HCP describes 
the impacts of take incidental to those activities on the Covered 
Species, and provides certain measures to minimize and mitigate the 
impacts of such take on each of the Covered Species.
    The Covered Species are subject to injury or mortality as a result 
of colliding with KIUC-owned power lines and utility infrastructure, 
and injury or mortality as a result of attraction to nighttime lighting 
from KIUC-owned and operated streetlights and facilities. The Short-
Term HCP permit authorized an annual take amount of 162 Newell's 
shearwaters, 2 Hawaiian petrels, and 2 band-rumped storm petrels over a 
5-year period, as a result of attraction to, or collision with, KIUC 
facilities. In total, the permit authorized a combined take amount of 
830 sub-adults or adults of the Covered Species.
    Current estimates of the Newell's shearwater population on Kauai, 
where 90 percent of the total population nests, range from 16,400 to 
33,400, based on at-sea population estimates from 1998 through 2011 
(Joyce 2013). Analyses of radar data (a proxy for the breeding 
population) suggest that the Newell's shearwater population on Kauai 
declined 94 percent between 1993 and 2013 (an average annual rate of 13 
percent) (Raine et al. 2017a).
    The Hawaiian petrel population nests on several of the southeastern 
Hawaiian Islands, including Hawaii, Kauai, Lanai, and Maui, and the 
total population is

[[Page 28010]]

estimated at 19,000 individuals (Spear et al. 1995). While the majority 
of the breeding population nests on Maui within Haleakal[amacr] 
National Park (over 2,500 nests; HAVO 2015), all extant populations of 
Hawaiian petrels across the Hawaiian Islands are biologically valuable 
toward ensuring the survival and recovery of the species. The Kauai 
population of Hawaiian petrels decreased by 78 percent (an average of 6 
percent per year) between 1993 and 2013, according to trends in radar 
data over the 20 year period (Raine et al. 2017a).
    The band-rumped storm-petrel occurs in Japan, Hawaii, Galapagos 
Islands, and subtropical areas of the Atlantic. The Hawaii DPS of the 
band-rumped storm-petrel is found on the islands of Hawaii, Maui, 
Kauai, and Lehua. The band-rumped storm-petrel is known to nest in 
remote areas on vegetated to sparsely vegetated cliff faces or steeply 
sloping areas on Kauai and Lehua Islet (VanderWerf et al. 2007; Raine 
et al. 2017b). It has also been known to occur in sparsely vegetated 
areas, high-elevation lava fields on Hawaii Island (Banko et al. 1991; 
Banko 2015 in litt.), and possibly Haleakal[amacr] Crater on Maui, 
where several birds were heard calling (Wood et al. 2002). An estimate 
of the number of band-rumped storm-petrels within the Hawaiian Islands 
is not available at this time.
    Seabird colony monitoring data reflect significant threats from 
feral pig, cat, barn owl, and rat predation, as well as habitat 
degradation from invasive plants. Combined with the take caused by 
power line collisions and light attraction, the above threats have 
resulted in the dramatic decline of several breeding colonies on Kauai, 
including Kalaheo and Kaluahonu, to the point of near extirpation 
(Raine et al. 2017a).
    The 2011 Short-Term HCP established a comprehensive monitoring and 
research program designed to further evaluate the impact of the power 
line system on seabird populations and to provide key biological data 
to more adequately inform a longer term HCP and take authorization. To 
this end, KIUC provides funding to the Kauai Endangered Seabird 
Recovery Project (KESRP), a project of the University of Hawaii's 
Pacific Cooperative Studies Unit, to monitor seabird colonies and 
develop approaches to assess seabird-power line collisions. Due to the 
remote location of many power lines on Kauai and the nocturnal behavior 
of seabirds, in 2012, KESRP developed an acoustic song-meter monitoring 
system to detect seabird collisions. This acoustic system became the 
foundation for KIUC's Underline Monitoring Program (UMP) and has been 
accepted and is funded by KIUC.
    During the course of implementation of the KIUC Short-Term HCP, 
KESRP observed a total of 43 seabird power line collisions using night 
vision equipment. Of the 43 seabird power line collisions observed, 
four of these collision events definitively resulted in an immediate 
grounded bird within the observer's field of view. Additionally, about 
25 deceased Newell's shearwaters have been opportunistically found from 
2011 through 2015, associated with KIUC power lines or lights. The 
acoustic system, which is able to monitor the power lines for seabird 
collisions more extensively than human observers can, has detected a 
minimum in excess of 1,000 seabird collision events annually in 2014, 
2015, and 2016 (KIUC Short-Term HCP 2014, 2015, and 2016 UMP Reports). 
Despite the above strike monitoring data, the applicant has only 
requested take authorization at the original permit level of 166 listed 
seabirds per year in its permit renewal application. KIUC's request for 
extension without an amendment means its actual take would likely 
continue to exceed the authorized level should the permit be renewed.
    Since 2012, KESRP, in collaboration with KIUC, has identified all 
high and medium risk power line spans that pose a threat to the Covered 
Species. These high and medium risk lines are continually monitored 
every year, and those data are used to plan and test for effective 
minimization measures, including reconfiguring lines or installing bird 
diverters. While the acoustic system has been successful in detecting 
seabird power line collisions, only a subset of the power line system 
can be monitored and therefore collisions outside of the monitored 
areas must be estimated. Moreover, while a minimum of over 1,000 
seabird collision events have been detected in 2016, the fate of the 
birds that collided with these lines is unknown. Based on KESRP field 
observations, it is certain that some portion of these collisions 
results in immediate grounding or mortality, and that some additional 
proportion results in harm or injury, or potential mortality sometime 
after the collision event. Previous scientific studies based on 
waterfowl and their interactions with power lines have estimated that 
this subsequent mortality after the collision event could range from 20 
percent to 74 percent of total detected collisions (Bevanger 1995; 
Bevanger 1999; Beaulaurier 1981; and Shaw et al. 2010).
    The Short-Term HCP has been successful in guiding measures that 
KIUC has implemented to partially mitigate the impacts of the taking of 
the Covered Species caused by its existing facilities, increasing 
knowledge related to the impact of KIUC's power line system on seabird 
populations, providing key biological data concerning the Covered 
Species, and improving our understanding of the effectiveness of 
conservation measures to more adequately inform a longer term habitat 
conservation plan and take authorization.
    Since 2011, under the Short-Term HCP, KIUC spent approximately $7.7 
million to implement seabird colony management (i.e., predator control 
and seabird monitoring) and the retrieval and rehabilitation of 
seabirds on Kauai. KIUC has undergrounded or reconfigured 25 percent of 
their identified high collision-risk power lines since 2011 and 
installed bird deterrent devices to minimize impacts from high 
collision-risk power lines. Although KIUC's current mitigation and 
minimization programs are meaningful, these efforts are likely not 
commensurate with the actual level of take occurring.
    The Short-Term HCP permit expiration date was in May 2016. On April 
12, 2016, one month before permit expiration, we received an 
application for renewal of that permit pending preparation of a Long-
Term HCP.

Request for Information

    We specifically request information from the public on whether the 
application meets the statutory and regulatory requirements and 
criteria for renewal of a permit. We are also soliciting information 
regarding the adequacy of a potentially renewed Short-Term HCP and 
permit to minimize, mitigate, and monitor the impacts of the taking of 
the Covered Species caused by KIUC's covered activities, and to provide 
for adaptive management for an indefinite period until the Service 
renders a decision on a Long-Term HCP and permit application currently 
under development by KIUC, as evaluated against our permit issuance 
criteria found in section 10(a) of the ESA, 16 U.S.C. 1539(a), and 50 
CFR 13.21, 17.22, and 17.32.

Public Availability of Comments

    You may submit your comments and materials by one of the methods 
listed above in the ADDRESSES section. Before including your address, 
phone number, or other personal identifying information in your 
comment, you should be aware that your entire comment--including your 
personal

[[Page 28011]]

identifying information--might 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 will be 
available for public inspection by appointment, during normal business 
hours, at the Service's Pacific Islands Fish and Wildlife Office (see 
FOR FURTHER INFORMATION CONTACT section).

Authority

    We provide this notice in accordance with the requirements of 
section 10 of the ESA (16 U.S.C. 1531 et seq.).

Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-12889 Filed 6-14-18; 8:45 am]
 BILLING CODE 4333-15-P



                                                28008                           Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

                                                The information collected from callers/                   Estimated Respondents’ Capital and                   HCP) that addresses incidental take of
                                                visitors is used to fulfill requests for                Start-Up Costs: There are no annual                    three listed bird species caused by the
                                                published materials, email alerts, policy               start-up or capital costs.                             operation and maintenance of KIUC’s
                                                rates, and agent contact information.                     Estimated Total Annual Cost to the                   existing and anticipated electrical utility
                                                  Additionally, FEMA and the NFIP                       Federal Government: The cost to the                    facilities on Kauai, Hawaii. The
                                                offer Agents.FloodSmart.gov as a                        Federal Government is $406,941.                        applicant is requesting renewal of the
                                                resource for agents. Upon website                       Comments                                               permit for an indefinite period until the
                                                registration, agents can enroll in the                                                                         Service renders a decision on a Long-
                                                Agent Referral Program to receive free                     Comments may be submitted as                        Term HCP and permit application
                                                leads through the consumer site or the                  indicated in the ADDRESSES caption                     currently under development by KIUC.
                                                call center as outlined above. This                     above. Comments are solicited to (a)                   We are making the permit renewal
                                                information collection seeks approval to                evaluate whether the proposed data                     application available for public review
                                                continue collecting name, address and                   collection is necessary for the proper                 and comment.
                                                telephone number information from: (1)                  performance of the agency, including                   DATES: All comments from interested
                                                Business and residential property                       whether the information shall have                     parties must be received on or before
                                                owners and renters who voluntarily call                 practical utility; (b) evaluate the                    July 16, 2018.
                                                to request flood insurance information                  accuracy of the agency’s estimate of the
                                                                                                                                                               ADDRESSES: To request further
                                                and possibly an insurance agent referral                burden of the proposed collection of
                                                                                                                                                               information or submit written
                                                and, (2) insurance agents interested in                 information, including the validity of
                                                                                                                                                               comments, please use one of the
                                                enrolling in the agent referral service.                the methodology and assumptions used;
                                                                                                                                                               following methods:
                                                                                                        (c) enhance the quality, utility, and                     • U.S. Mail: Field Supervisor, U.S.
                                                Collection of Information                               clarity of the information to be                       Fish and Wildlife Service, Pacific
                                                  Title: National Flood Insurance                       collected; and (d) minimize the burden                 Islands Fish and Wildlife Office, 300
                                                Program Call Center and Agent Referral                  of the collection of information on those              Ala Moana Boulevard, Room 3–122,
                                                Enrollment Form.                                        who are to respond, including through                  Honolulu, Hawaii 96850. Include ‘‘KIUC
                                                  Type of Information Collection:                       the use of appropriate automated,                      Short-Term HCP’’ in the subject line of
                                                Extension, without change, of a                         electronic, mechanical, or other                       your request or comment.
                                                currently approved information                          technological collection techniques or                    • Email: KIUCShort-Termhcp@
                                                collection.                                             other forms of information technology,                 fws.gov. Include ‘‘KIUC Short-Term
                                                  OMB Number: 1660–0059.                                e.g., permitting electronic submission of              HCP’’ in the subject line of the message.
                                                  FEMA Forms: FEMA Form 517–0–1,                        responses.                                                • Fax: 808–792–9580, Attn: Field
                                                National Flood Insurance Program                           Dated: June 11, 2018.                               Supervisor. Include ‘‘KIUC Short-Term
                                                Agent Site Registration; FEMA Form                      Rachel Frier,                                          HCP’’ in the subject line of the message.
                                                512–0–1, National Flood Insurance                                                                                 • Internet: You may obtain copies of
                                                                                                        Records Management Branch Chief, Office
                                                Program Agent Referral Questionnaire.                   of the Chief Administrative Officer, Mission           this notice on the internet at https://
                                                  Abstract: Consumer names, addresses,                  Support, Federal Emergency Management                  www.fws.gov/pacificislands/, or from
                                                and telephone numbers collected                         Agency, Department of Homeland Security.               the Service’s Pacific Islands Fish and
                                                through the Call Center or FloodSmart                   [FR Doc. 2018–12890 Filed 6–14–18; 8:45 am]            Wildlife Office in Honolulu, Hawaii (see
                                                website will be used exclusively for                    BILLING CODE 9111–52–P                                 FOR FURTHER INFORMATION CONTACT
                                                providing information on flood                                                                                 section).
                                                insurance and/or facilitate the purchase                                                                          We request that you send comments
                                                of a flood insurance policy through                                                                            by only one of the methods described
                                                                                                        DEPARTMENT OF THE INTERIOR
                                                referrals or direct transfers to insurance                                                                     above. See the Public Availability of
                                                agents in the agent referral service.                   Fish and Wildlife Service                              Comments section below for more
                                                Agent names, addresses, telephone                                                                              information.
                                                numbers, and business information is                    [FWS–R1–ES–2018–N017];
                                                                                                        [FXES11140100000–189–FF01E00000]                       FOR FURTHER INFORMATION CONTACT:
                                                retained for dissemination to interested
                                                                                                                                                               Leila Nagatani, U.S. Fish and Wildlife
                                                consumers who would like to talk to an                  Request for Renewal of the Incidental                  Service (see ADDRESSES above),
                                                agent about purchasing a flood                          Take Permit and Short-Term Habitat                     telephone (808) 792–9400. Hearing or
                                                insurance policy as part of the agent                   Conservation Plan for Operation and                    speech impaired individuals may call
                                                referral program.                                       Maintenance of Existing and Limited
                                                  Affected Public: Individuals or                                                                              the Federal Relay Service at 800–877–
                                                                                                        Future Facilities Associated With the                  8339 for TTY assistance.
                                                households; businesses or other for-
                                                                                                        Kauai Island Utility Cooperative on                    SUPPLEMENTARY INFORMATION: The Kauai
                                                profit.
                                                                                                        Kauai, Hawaii                                          Island Utility Cooperative (KIUC, or
                                                  Estimated Number of Respondents:
                                                59,194.                                                 AGENCY:   Fish and Wildlife Service,                   applicant) has submitted an application
                                                  Estimated Number of Responses:                        Interior.                                              to the U.S. Fish and Wildlife Service
                                                59,194.                                                 ACTION: Notice of availability; request                (Service) for renewal of their incidental
                                                  Estimated Total Annual Burden                         for comments.                                          take permit (permit) under the
                                                Hours: 2,819 hours.                                                                                            Endangered Species Act of 1973, as
                                                  Estimated Total Annual Respondent                     SUMMARY:  The Kauai Island Utility                     amended (ESA; 16 U.S.C. 1531 et seq.).
                                                                                                        Cooperative (KIUC, or applicant) has                   The permit is associated with KIUC’s
sradovich on DSK3GMQ082PROD with NOTICES




                                                Cost: The estimated annual cost to
                                                respondents for the hour burden is                      submitted an application to the U.S.                   Short-Term Habitat Conservation Plan
                                                $103,335.52.                                            Fish and Wildlife Service (Service) for                (Short-Term HCP) that addresses
                                                  Estimated Respondents’ Operation                      renewal of their incidental take permit                incidental take of three listed species
                                                and Maintenance Costs: There are no                     (permit) under the Endangered Species                  caused by the operation and
                                                annual costs to respondents’ operations                 Act of 1973, as amended. The permit is                 maintenance of KIUC’s existing and
                                                and maintenance costs for technical                     associated with KIUC’s Short-Term                      anticipated electrical utility facilities on
                                                services.                                               Habitat Conservation Plan (Short-Term                  Kauai, Hawaii. The applicant is


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                                                                                Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices                                28009

                                                requesting renewal of the permit to                        • The applicant will carry out any      publicly-elected Board of Directors. It
                                                authorize incidental take of the federally              other measures that the Service may        generates and distributes electricity to
                                                endangered Hawaiian petrel, the                         require as being necessary or              the entire island of Kauai, Hawaii.
                                                federally endangered band-rumped                        appropriate for the purposes of the HCP.   KIUC’s existing facilities include over
                                                storm-petrel, and the federally                            Regulations governing permits for       1,400 miles of electrical transmission
                                                threatened Newell’s (Townsends)                         endangered and threatened species are      and distribution lines, two fossil fuel-
                                                shearwater (collectively referred to as                 at 50 CFR 17.22 and 17.32.                 fired generating stations, two
                                                ‘‘Covered Species’’) for an indefinite                     A permittee may submit an               hydroelectric stations, two 12-megawatt
                                                period until the Service renders a                      application for renewal of their permit    solar energy parks, 14 substations, and
                                                decision on a Long-Term HCP and                         if they certify that all information in theapproximately 3,500 streetlights. KIUC
                                                permit application currently under                      original application remains current and   developed a Short-Term HCP that
                                                development by KIUC. We are making                      correct, unless previously changed or      addresses incidental take of the three
                                                the permit renewal application available                corrected. If such information is no       Covered Species caused by the
                                                for public review and comment.                          longer current or correct, they must       operation and maintenance of KIUC’s
                                                                                                        provide corrected information; see 50      existing and anticipated facilities over a
                                                Background                                              CFR 13.22(a). The Service shall issue a    period of up to 5 years from 2011 to
                                                   Section 9 of the ESA prohibits ‘‘take’’              renewal of a permit if the issuance        2016.
                                                of fish and wildlife species listed as                  criteria set forth in 50 CFR 13.21(b) are     In 2011, the KIUC Short-Term HCP
                                                endangered under section 4 (16 U.S.C.                   met and the applicant for renewal is not   was approved by the Service, and KIUC
                                                1538 and 16 U.S.C. 1533). The ESA                       disqualified. The Service may deny         received a permit for incidental take of
                                                implementing regulations extend, under                  renewal of a permit to an applicant who    the Covered Species. The Short-Term
                                                certain circumstances, the prohibition of               fails to meet the issuance criteria set    HCP covers activities within all areas on
                                                take to threatened species (50 CFR                      forth in § 13.21 or the parts or sections  Kauai where KIUC’s facilities (e.g.,
                                                17.31). Under section 3 of the ESA, the                 specifically governing the activity for    generating stations, power lines, utility
                                                term ‘‘take’’ means to ‘‘harass, harm,                  which renewal is requested (discussed      poles, lights) are located. These
                                                pursue, hunt, shoot, wound, kill, trap,                 above); see 50 CFR 13.22(d). Under         activities include the continuing
                                                capture, or collect, or attempt to engage               certain conditions, an entity holding a    operation, maintenance, and repair of
                                                in any such conduct’’ (16 U.S.C.                        valid, renewable permit may continue       all existing facilities, and the
                                                1532(19)). The term ‘‘harm’’ is defined                 the activities authorized by the expired   construction, operation, maintenance,
                                                by regulation as ‘‘an act which actually                permit until the Service acts on the       and repair of certain new facilities,
                                                kills or injures wildlife. Such act may                 application for renewal; see 50 CFR        during the term of the permit. The
                                                include significant habitat modification                13.22(c).                                  Short-Term HCP describes the impacts
                                                or degradation where it actually kills or                                                          of take incidental to those activities on
                                                                                                        Covered Species
                                                injures wildlife by significantly                                                                  the Covered Species, and provides
                                                impairing essential behavioral patterns,                   The federally endangered Hawaiian       certain measures to minimize and
                                                including breeding, feeding, or                         petrel (Pterodroma sandwichensis), the     mitigate the impacts of such take on
                                                sheltering’’ (50 CFR 17.3). The term                    federally endangered Hawaii population each of the Covered Species.
                                                ‘‘harass’’ is defined in the regulations as             (distinct population segment (DPS)) of        The Covered Species are subject to
                                                ‘‘an intentional or negligent act or                    the band-rumped storm petrel               injury or mortality as a result of
                                                omission which creates the likelihood of                (Oceanodroma castro), and the federally colliding with KIUC-owned power lines
                                                injury to wildlife by annoying it to such               threatened Newell’s Townsend’s             and utility infrastructure, and injury or
                                                an extent as to significantly disrupt                   shearwater (Puffinus auricularis newelli) mortality as a result of attraction to
                                                normal behavioral patterns which                        or Newell’s shearwater (as a subspecies    nighttime lighting from KIUC-owned
                                                include, but are not limited to, breeding,              of the Townsend’s shearwater), are         and operated streetlights and facilities.
                                                feeding, or sheltering’’ (50 CFR 17.3).                 seabirds that breed on Kauai and feed in The Short-Term HCP permit authorized
                                                   Under section 10(a) of the ESA, the                  the open ocean. Each of these species      an annual take amount of 162 Newell’s
                                                Service may issue permits to authorize                  spends a large part of the year at sea.    shearwaters, 2 Hawaiian petrels, and 2
                                                incidental take of listed fish and                      Adults generally return to their colonial band-rumped storm petrels over a 5-year
                                                wildlife species. ‘‘Incidental take’’ is                nesting grounds in the interior            period, as a result of attraction to, or
                                                defined by the ESA as take that is                      mountains of Kauai beginning in March collision with, KIUC facilities. In total,
                                                incidental to, and not the purpose of,                  and April, and depart beginning in         the permit authorized a combined take
                                                carrying out an otherwise lawful                        September. Juvenile seabirds travel from amount of 830 sub-adults or adults of
                                                activity. Section 10(a)(1)(B) of the ESA                the nesting colony to the sea in the fall. the Covered Species.
                                                contains provisions for issuing                         Both adults and juveniles are known to        Current estimates of the Newell’s
                                                incidental take permits to non-Federal                  collide with tall buildings, towers,       shearwater population on Kauai, where
                                                entities for the take of endangered and                 power lines, and other structures while    90 percent of the total population nests,
                                                threatened species, provided the                        flying at night between their nesting      range from 16,400 to 33,400, based on
                                                following criteria are met:                             colonies and at-sea foraging areas. These at-sea population estimates from 1998
                                                   • The taking will be incidental;                     birds, and particularly juveniles, are     through 2011 (Joyce 2013). Analyses of
                                                   • The applicant will, to the maximum                 also attracted to bright lights.           radar data (a proxy for the breeding
                                                extent practicable, minimize and                        Disoriented birds are commonly             population) suggest that the Newell’s
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                                                mitigate the impact of such taking;                     observed circling repeatedly around        shearwater population on Kauai
                                                   • The applicant will develop a                       exterior light sources until they fall to  declined 94 percent between 1993 and
                                                proposed HCP and ensure that adequate                   the ground or collide with structures.     2013 (an average annual rate of 13
                                                funding for the plan will be provided;                                                             percent) (Raine et al. 2017a).
                                                   • The taking will not appreciably                    KIUC Short-Term HCP                           The Hawaiian petrel population nests
                                                reduce the likelihood of the survival                      KIUC is a not-for-profit, tax-exempt    on several of the southeastern Hawaiian
                                                and recovery of the species in the wild;                cooperative association owned by its       Islands, including Hawaii, Kauai, Lanai,
                                                and                                                     ratepayer/customers and governed by a      and Maui, and the total population is


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                                                28010                           Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

                                                estimated at 19,000 individuals (Spear                  Underline Monitoring Program (UMP)                     KIUC has implemented to partially
                                                et al. 1995). While the majority of the                 and has been accepted and is funded by                 mitigate the impacts of the taking of the
                                                breeding population nests on Maui                       KIUC.                                                  Covered Species caused by its existing
                                                within Haleakalā National Park (over                      During the course of implementation                 facilities, increasing knowledge related
                                                2,500 nests; HAVO 2015), all extant                     of the KIUC Short-Term HCP, KESRP                      to the impact of KIUC’s power line
                                                populations of Hawaiian petrels across                  observed a total of 43 seabird power line              system on seabird populations,
                                                the Hawaiian Islands are biologically                   collisions using night vision equipment.               providing key biological data
                                                valuable toward ensuring the survival                   Of the 43 seabird power line collisions                concerning the Covered Species, and
                                                and recovery of the species. The Kauai                  observed, four of these collision events               improving our understanding of the
                                                population of Hawaiian petrels                          definitively resulted in an immediate                  effectiveness of conservation measures
                                                decreased by 78 percent (an average of                  grounded bird within the observer’s                    to more adequately inform a longer term
                                                6 percent per year) between 1993 and                    field of view. Additionally, about 25                  habitat conservation plan and take
                                                2013, according to trends in radar data                 deceased Newell’s shearwaters have                     authorization.
                                                over the 20 year period (Raine et al.                   been opportunistically found from 2011                    Since 2011, under the Short-Term
                                                2017a).                                                 through 2015, associated with KIUC                     HCP, KIUC spent approximately $7.7
                                                   The band-rumped storm-petrel occurs                  power lines or lights. The acoustic                    million to implement seabird colony
                                                in Japan, Hawaii, Galapagos Islands, and                system, which is able to monitor the                   management (i.e., predator control and
                                                subtropical areas of the Atlantic. The                  power lines for seabird collisions more                seabird monitoring) and the retrieval
                                                Hawaii DPS of the band-rumped storm-                    extensively than human observers can,                  and rehabilitation of seabirds on Kauai.
                                                petrel is found on the islands of Hawaii,               has detected a minimum in excess of                    KIUC has undergrounded or
                                                Maui, Kauai, and Lehua. The band-                       1,000 seabird collision events annually                reconfigured 25 percent of their
                                                rumped storm-petrel is known to nest in                 in 2014, 2015, and 2016 (KIUC Short-                   identified high collision-risk power
                                                remote areas on vegetated to sparsely                   Term HCP 2014, 2015, and 2016 UMP                      lines since 2011 and installed bird
                                                vegetated cliff faces or steeply sloping                Reports). Despite the above strike                     deterrent devices to minimize impacts
                                                areas on Kauai and Lehua Islet                          monitoring data, the applicant has only                from high collision-risk power lines.
                                                (VanderWerf et al. 2007; Raine et al.                   requested take authorization at the                    Although KIUC’s current mitigation and
                                                2017b). It has also been known to occur                 original permit level of 166 listed                    minimization programs are meaningful,
                                                in sparsely vegetated areas, high-                      seabirds per year in its permit renewal                these efforts are likely not
                                                elevation lava fields on Hawaii Island                  application. KIUC’s request for                        commensurate with the actual level of
                                                (Banko et al. 1991; Banko 2015 in litt.),               extension without an amendment means                   take occurring.
                                                and possibly Haleakalā Crater on Maui,                 its actual take would likely continue to                  The Short-Term HCP permit
                                                where several birds were heard calling                  exceed the authorized level should the                 expiration date was in May 2016. On
                                                (Wood et al. 2002). An estimate of the                  permit be renewed.                                     April 12, 2016, one month before permit
                                                number of band-rumped storm-petrels                        Since 2012, KESRP, in collaboration                 expiration, we received an application
                                                within the Hawaiian Islands is not                      with KIUC, has identified all high and                 for renewal of that permit pending
                                                available at this time.                                 medium risk power line spans that pose                 preparation of a Long-Term HCP.
                                                   Seabird colony monitoring data reflect               a threat to the Covered Species. These
                                                significant threats from feral pig, cat,                high and medium risk lines are                         Request for Information
                                                barn owl, and rat predation, as well as                 continually monitored every year, and                     We specifically request information
                                                habitat degradation from invasive                       those data are used to plan and test for               from the public on whether the
                                                plants. Combined with the take caused                   effective minimization measures,                       application meets the statutory and
                                                by power line collisions and light                      including reconfiguring lines or                       regulatory requirements and criteria for
                                                attraction, the above threats have                      installing bird diverters. While the                   renewal of a permit. We are also
                                                resulted in the dramatic decline of                     acoustic system has been successful in                 soliciting information regarding the
                                                several breeding colonies on Kauai,                     detecting seabird power line collisions,               adequacy of a potentially renewed
                                                including Kalaheo and Kaluahonu, to                     only a subset of the power line system                 Short-Term HCP and permit to
                                                the point of near extirpation (Raine et al.             can be monitored and therefore                         minimize, mitigate, and monitor the
                                                2017a).                                                 collisions outside of the monitored areas              impacts of the taking of the Covered
                                                   The 2011 Short-Term HCP established                  must be estimated. Moreover, while a                   Species caused by KIUC’s covered
                                                a comprehensive monitoring and                          minimum of over 1,000 seabird collision                activities, and to provide for adaptive
                                                research program designed to further                    events have been detected in 2016, the                 management for an indefinite period
                                                evaluate the impact of the power line                   fate of the birds that collided with these             until the Service renders a decision on
                                                system on seabird populations and to                    lines is unknown. Based on KESRP field                 a Long-Term HCP and permit
                                                provide key biological data to more                     observations, it is certain that some                  application currently under
                                                adequately inform a longer term HCP                     portion of these collisions results in                 development by KIUC, as evaluated
                                                and take authorization. To this end,                    immediate grounding or mortality, and                  against our permit issuance criteria
                                                KIUC provides funding to the Kauai                      that some additional proportion results                found in section 10(a) of the ESA, 16
                                                Endangered Seabird Recovery Project                     in harm or injury, or potential mortality              U.S.C. 1539(a), and 50 CFR 13.21, 17.22,
                                                (KESRP), a project of the University of                 sometime after the collision event.                    and 17.32.
                                                Hawaii’s Pacific Cooperative Studies                    Previous scientific studies based on
                                                Unit, to monitor seabird colonies and                   waterfowl and their interactions with                  Public Availability of Comments
                                                develop approaches to assess seabird-                                                                            You may submit your comments and
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                                                                                                        power lines have estimated that this
                                                power line collisions. Due to the remote                subsequent mortality after the collision               materials by one of the methods listed
                                                location of many power lines on Kauai                   event could range from 20 percent to 74                above in the ADDRESSES section. Before
                                                and the nocturnal behavior of seabirds,                 percent of total detected collisions                   including your address, phone number,
                                                in 2012, KESRP developed an acoustic                    (Bevanger 1995; Bevanger 1999;                         or other personal identifying
                                                song-meter monitoring system to detect                  Beaulaurier 1981; and Shaw et al. 2010).               information in your comment, you
                                                seabird collisions. This acoustic system                   The Short-Term HCP has been                         should be aware that your entire
                                                became the foundation for KIUC’s                        successful in guiding measures that                    comment—including your personal


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                                                                                            Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices                                                                             28011

                                                identifying information—might be made                                      FOR FURTHER INFORMATION CONTACT:                                               1. Agendas for future meetings: None.
                                                publicly available at any time. While                                      Amelia Shister (202–205–2047), Office                                          2. Minutes.
                                                you can ask us in your comment to                                          of Investigations, U.S. International                                          3. Ratification List.
                                                withhold your personal identifying                                         Trade Commission, 500 E Street SW,                                             4. Vote on Inv. Nos. 701–TA–588 and
                                                information from public review, we                                         Washington, DC 20436. Hearing-                                              731–TA–1392–1393 (Final)
                                                cannot guarantee that we will be able to                                   impaired individuals are advised that                                       (Polytetrafluoroethylene (‘‘PTFE’’) Resin
                                                do so. Comments and materials we                                           information on this matter can be                                           from China and India). The Commission
                                                receive will be available for public                                       obtained by contacting the                                                  is currently scheduled to complete and
                                                inspection by appointment, during                                          Commission’s TDD terminal on 202–                                           file its determinations and views of the
                                                normal business hours, at the Service’s                                    205–1810. Persons with mobility                                             Commission by July 6, 2018.
                                                Pacific Islands Fish and Wildlife Office                                   impairments who will need special                                              5. Outstanding action jackets: None.
                                                (see FOR FURTHER INFORMATION CONTACT                                       assistance in gaining access to the                                            In accordance with Commission
                                                section).                                                                  Commission should contact the Office                                        policy, subject matter listed above, not
                                                                                                                           of the Secretary at 202–205–2000.                                           disposed of at the scheduled meeting,
                                                Authority
                                                                                                                           General information concerning the                                          may be carried over to the agenda of the
                                                  We provide this notice in accordance                                     Commission may also be obtained by                                          following meeting.
                                                with the requirements of section 10 of                                     accessing its internet server (https://                                       By order of the Commission.
                                                the ESA (16 U.S.C. 1531 et seq.).                                          www.usitc.gov).                                                               Issued: June 12, 2018.
                                                Theresa E. Rabot,                                                            Authority: This investigation is being                                    William Bishop,
                                                Deputy Regional Director, Pacific Region, U.S.                             terminated under authority of title VII of the                              Supervisory Hearings and Information
                                                Fish and Wildlife Service.                                                 Tariff Act of 1930 and pursuant to section                                  Officer.
                                                                                                                           207.40(a) of the Commission’s Rules of
                                                [FR Doc. 2018–12889 Filed 6–14–18; 8:45 am]                                                                                                            [FR Doc. 2018–12973 Filed 6–13–18; 11:15 am]
                                                                                                                           Practice and Procedure (19 CFR 207.40(a)).
                                                BILLING CODE 4333–15–P                                                     This notice is published pursuant to section                                BILLING CODE 7020–02–P
                                                                                                                           201.10 of the Commission’s rules (19 CFR
                                                                                                                           201.10).
                                                INTERNATIONAL TRADE                                                          By order of the Commission.                                               DEPARTMENT OF JUSTICE
                                                COMMISSION                                                                   Issued: June 12, 2018.
                                                                                                                           Lisa Barton,                                                                Drug Enforcement Administration
                                                [Investigation No. 701–TA–581 (Final)]
                                                                                                                           Secretary to the Commission.                                                [Docket No. DEA–392]
                                                Citric Acid and Certain Citrate Salts                                      [FR Doc. 2018–12905 Filed 6–14–18; 8:45 am]
                                                From Thailand; Termination of                                              BILLING CODE 7020–02–P                                                      Importer of Controlled Substances
                                                Investigation                                                                                                                                          Registration
                                                AGENCY: United States International                                        INTERNATIONAL TRADE                                                         ACTION:   Notice of registration.
                                                Trade Commission.                                                          COMMISSION
                                                ACTION: Notice.                                                                                                                                        SUMMARY:   Registrants listed below have
                                                                                                                           [USITC SE–18–028]                                                           applied for and been granted
                                                SUMMARY:   On June 5, 2018, the                                                                                                                        registration by-the Drug Enforcement
                                                Department of Commerce published                                           Government in the Sunshine Act                                              Administration (DEA) as importers of
                                                notice in the Federal Register of a                                        Meeting Notice                                                              various classes of schedule I or II
                                                negative final determination of                                            AGENCY HOLDING THE MEETING:   United                                        controlled substances.
                                                subsidies in connection with the subject                                   States International Trade Commission.                                      SUPPLEMENTARY INFORMATION: The
                                                investigation concerning citric acid and                                                                                                               companies listed below applied to be
                                                                                                                           TIME AND DATE: June 22, 2018 at 11:00
                                                certain citrate salts from Thailand (83                                                                                                                registered as importers of various basic
                                                FR 26004). Accordingly, the                                                a.m.
                                                                                                                                                                                                       classes of controlled substances.
                                                countervailing duty investigation                                          PLACE: Room 101, 500 E Street SW,
                                                                                                                                                                                                       Information on previously published
                                                concerning citric acid and certain citrate                                 Washington, DC 20436, Telephone:                                            notices is listed in the table below. No
                                                salts from Thailand (Investigation No.                                     (202) 205–2000.                                                             comments or objections were submitted
                                                701–TA–581 (Final)) is terminated.                                         STATUS: Open to the public.                                                 and no requests for hearing were
                                                DATES: June 5, 2018.                                                       MATTERS TO BE CONSIDERED:                                                   submitted for these notices.

                                                                                                                     Company                                                                                    FR citation             Published

                                                Sharp Clinical Services, Inc ..................................................................................................................             83 FR 13521           March 29, 2018.
                                                Fisher Clinical Services, Inc ..................................................................................................................            83 FR 13519           March 29, 2018.
                                                Wildlife Laboratories Inc ........................................................................................................................          83 FR 14505           April 4, 2018.
                                                Catalent Pharma Solutions, LLC ..........................................................................................................                   83 FR 14504           April 4, 2018.
                                                Lipomed .................................................................................................................................................   83 FR 15627           April 11, 2018.
                                                Almac Clinical Services Incorp .............................................................................................................                (ACSI) 83 FR 15634    April 11, 2018.
                                                Clinical Supplies Management Holdings, Inc .......................................................................................                          83 FR 16901           April 17, 2018.
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                                                   The DEA has considered the factors in                                   with the public interest and with United                                    against diversion by inspecting and
                                                21 U.S.C. 823, 952(a) and 958(a) and                                       States obligations under international                                      testing each company’s physical
                                                determined that the registration of the                                    treaties, conventions, or protocols in                                      security systems, verifying each
                                                listed registrants to import the                                           effect on May 1, 1971. The DEA                                              company’s compliance with state and
                                                applicable basic classes of schedule I or                                  investigated each company’s                                                 local laws, and reviewing each
                                                II controlled substances is consistent                                     maintenance of effective controls                                           company’s background and history.


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Document Created: 2018-11-02 12:01:05
Document Modified: 2018-11-02 12:01:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for comments.
DatesAll comments from interested parties must be received on or before July 16, 2018.
ContactLeila Nagatani, U.S. Fish and Wildlife
FR Citation83 FR 28008 

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