[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13130-13132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04663]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2016-N094; FVES59420300000F2 14X FF03E00000]


Hoopeston Wind Farm Draft Habitat Conservation Plan; Draft 
Environmental Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Receipt of application; draft habitat conservation plan; draft 
environmental assessment; and request for comments.

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SUMMARY: Pursuant to the Endangered Species Act (ESA) and the National 
Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service 
(Service), announce the availability of an application from Hoopeston 
Wind Farm LLC (Applicant) for a permit to incidentally take federally 
endangered Indiana bats and federally threatened northern long-eared 
bats. The take could result from operation and decommissioning 
activities at the Applicant's facility in Vermilion County, Illinois. 
Included with the application is a draft habitat conservation plan 
(HCP). Also available for review is our draft environmental assessment 
(EA) that was prepared in response to the application. We are seeking 
public comments on the permit application, draft HCP, and draft EA.

DATES: To ensure consideration, please submit your comments on or 
before April 10, 2017.

ADDRESSES: Availability of Documents: The draft habitat conservation 
plan (HCP) and draft environmental assessment (EA) are available on the 
Midwest Region's Web site at http://www.fws.gov/Midwest/endangered/permits/hcp/r3hcps.html. Alternatively, copies of the permit 
application, draft HCP, and draft EA will be available for public 
review during regular business hours at the Rock Island Field Office 
(see ADDRESSES). Those who do not have access to the Web site or cannot 
visit our office can request copies by telephone at 309-757-5800 or by 
letter to the Rock Island Field Office (see ADDRESSES).
    Submitting Comments: Send comments to Kraig McPeek by U.S. mail at 
U.S. Fish and Wildlife Service, Rock Island Field Office, 1511 47th 
Avenue, Moline, IL 61265; by facsimile to 309-757-5807; or by 
electronic mail to [email protected]. In the subject line of your 
letter, facsimile, or electronic mail, include the document identifier 
``Hoopeston Wind Farm HCP.''

[[Page 13131]]


SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(1)(B) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.; ESA) and the National 
Environmental Policy Act (42 U.S.C. 4321, et seq.; NEPA), we, the U.S. 
Fish and Wildlife Service (Service), announce the availability of an 
application from Hoopeston Wind Farm LLC for a permit to incidentally 
take federally endangered Indiana bats (Myotis sodalis) and federally 
threatened northern long-eared bats (Myotis septentrionalis) that could 
result from operation, and decommissioning activities at the 
Applicant's facility in Vermilion County, Illinois. Included with the 
application is a draft habitat conservation plan (HCP). The draft HCP 
describes how take of Indiana and northern long-eared bats (covered 
species) will be minimized and mitigated to the maximum extent 
practicable. The draft HCP also describes the covered species' life 
history and ecology, biological goals and objectives, the estimated 
take and its potential impact on covered species populations, adaptive 
management and monitoring, and compensatory mitigation. Also included 
is the Service's draft environmental assessment (EA), which describes 
possible alternatives to the proposed permit action, including an 
analysis of potential effects on the human environment. We are seeking 
public comments on the permit application, draft HCP, and draft EA.

Endangered Species Act

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538, and 1533, 
respectively). The ESA implementing regulations extend, under certain 
circumstances, the prohibition of take to threatened species (50 CFR 
17.31). Under section 3 of the ESA, the term ``take'' means to harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or 
attempt to engage in any such conduct (16 U.S.C. 1532(19)). The term 
``harm'' is defined by regulation as an act which actually kills or 
injures wildlife. Such act may include significant habitat modification 
or degradation where it actually kills or injures wildlife by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is 
defined in the regulations as an intentional or negligent act or 
omission which creates the likelihood of injury to wildlife by annoying 
it to such an extent as to significantly disrupt normal behavioral 
patterns, which include, but are not limited to, breeding, feeding, or 
sheltering (50 CFR 17.3).
    Under section 10 of the ESA, the Service may issue permits to 
authorize incidental take of federally listed fish and wildlife 
species. ``Incidental take'' is defined by the ESA as ``take that is 
incidental to, and not the purpose of, carrying out an otherwise lawful 
activity.'' To obtain an ITP, an applicant must submit an HCP that 
specifies (1) the impact that will likely result from the taking; (2) 
what steps the applicant will take to monitor, minimize and mitigate 
the impacts, and the funding that will be available to implement such 
steps; (3) what alternative actions to the taking the applicant 
considered and the reasons why the alternatives are not being utilized; 
and (4) how the applicant will carry out any other measures that we may 
require as being necessary or appropriate for purposes of the HCP (50 
CFR 17.22(b)(1)(iii); 50 CFR 17.32(b)(1)(iii)(C)). If we find, after 
opportunity for public comment, with respect to the permit application 
and the related HCP, that (1) the taking will be incidental; (2) the 
applicant will, to the maximum extent practicable, minimize and 
mitigate the impacts of such taking; (3) the applicant will ensure that 
adequate funding for the HCP will be provided, as well as procedures to 
deal with unforeseen circumstances; (4) the taking will not appreciably 
reduce the likelihood of the survival and recovery of the species in 
the wild; and (5) the measures, if any, required by us will be carried 
out; and we have received assurances that the plan will be implemented, 
then we will issue the applicant the requested permit (50 CFR 17.22, 
17.32(b)(2)(i)). The purpose of the HCP process and subsequent issuance 
of a permit is to authorize the incidental take of threatened or 
endangered species, not to authorize the underlying activities that 
result in take. This process ensures that the effects of the authorized 
incidental take will be adequately minimized and mitigated to the 
maximum extent practicable.

National Environmental Policy Act

    The proposed issuance of a permit is a Federal action that triggers 
the need for compliance with the National Environmental Policy Act of 
1969, as amended (42 U.S.C. 4321 et seq.; NEPA). Pursuant to NEPA, we 
have prepared a draft EA to analyze the environmental impacts of three 
alternatives related to the issuance of the requested permit and 
implementation of the conservation program under the proposed HCP. The 
three alternatives analyzed in the EA are a no-action alternative, the 
proposed action, and a reduced take alternative.
    No-action alternative: Under the no-action alternative, no permit 
would be issued and no HCP would be implemented.
    Proposed action alternative: The proposed action alternative is the 
implementation of the Applicants proposed HCP and issuance of the 
requested permit as described above.
    Reduced take alternative: The reduced take alternative evaluates 
potential modifications to the Applicants operating regime beyond those 
proposed by the Applicant.

Public Comments

    All comments received, including names and addresses, will become 
part of the administrative record and may be made available to the 
public. Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, could be made publicly available at any time. While you 
may request at the top of your document that we withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

Next Steps

    We will evaluate the draft HCP and any comments we receive to 
determine whether the permit application meets the requirements of 
section 10(a) of the ESA. We will also evaluate whether issuance of the 
requested permit complies with section 7 of the ESA by conducting an 
intra-Service ESA section 7 consultation. Our EA process will culminate 
with a decision by the Service's Midwest Region Regional Director on 
one of the three alternatives found in the EA. Once an alternative is 
selected, the Regional Director will decide whether the alternative 
selected will significantly impact the quality of the human 
environment, as defined by the NEPA and its implementing regulations. 
If he finds that the alternative selected will not result in 
significant environmental impacts, he will issue a ``Finding No 
Significant Impact.'' If he finds that the alternative selected will 
result in significant environmental impacts, he will issue a Notice of 
Intent to prepare an Environmental Impact Statement (EIS).

Authority

    This notice is provided pursuant to section 10(c) of the ESA and 
NEPA regulations (40 CFR 1506.6).


[[Page 13132]]


    Dated: January 13, 2017.
Lori Nordstrom,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2017-04663 Filed 3-8-17; 8:45 am]
BILLING CODE 4333-15-P