[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 28008-28011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12889]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: [email protected]. 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