[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Notices]
[Pages 34897-34900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11746]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R1-ES-2022-0068]; [FXES11140100000-223-FF01E00000]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Kauai Island Utility Cooperative Habitat Conservation Plan, Kauai, 
HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent; virtual public scoping meeting; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), provide this 
notice to announce that the Kauai Island Utility Cooperative (KIUC) is 
preparing a habitat conservation plan (HCP) in support of its 
anticipated application for an incidental take permit (ITP) under the 
Endangered Species Act for activities it would undertake in managing 
existing and future powerlines and lighting. We intend to prepare an 
environmental impact statement to evaluate the effects on the human 
environment related to this request, and on any potential issuance of 
an ITP and implementation of the HCP. In accordance with the National 
Environmental Policy Act, we are opening a public scoping period and 
announcing a virtual public scoping meeting. In 2016, we published a 
notice of intent to prepare an EIS. Any comments submitted then do not 
need to be resubmitted, as they will be reconsidered.

DATES: 
    Submitting Comments: We will accept online or hardcopy comments. 
Comments submitted online at https://www.regulations.gov/ must be 
received by 11:59 p.m. Eastern Time on July 8, 2022. Hardcopy comments 
must be received or postmarked on or before July 8, 2022 (see 
ADDRESSES).
    Virtual Public Scoping Meeting: The Service will hold one public 
meeting during the scoping period. To help protect the public and limit 
the spread of the COVID-19 virus, the public meeting will be held on:
     June 28, 2022 from 5 p.m. to 7 p.m. Hawaii Standard Time.

ADDRESSES: 
    Submitting Comments: You may submit comments by one of the 
following methods:
     Internet: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R1-ES-2022-0068.
     U.S. Mail: Public Comments Processing; Attn: Docket No. 
FWS-R1-ES-2022-0068; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    For additional information about submitting comments, see 
SUPPLEMENTARY INFORMATION.
    Virtual Public Scoping Meeting: A link and access instructions for 
the virtual scoping meeting will be posted to https://www.fws.gov/pacificislands/ at least one week prior to the public meeting dates.

FOR FURTHER INFORMATION CONTACT: Koa Matsuoka, Pacific Islands Fish and 
Wildlife Office, by telephone at 808-792-9417 or by email at 
[email protected]. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), provide this notice to announce that the Kauai Island 
Utility Cooperative (KIUC) is preparing a habitat conservation plan 
(HCP) in support of its anticipated application for an incidental take 
permit (ITP) under the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.), for activities it would propose to undertake in 
managing existing and future powerlines and lighting. We intend to 
prepare an environmental impact statement (EIS) to evaluate the effects 
on the human environment related to this request, and on any potential 
issuance of an ITP and implementation of the HCP. In accordance with 
the National Environmental Policy Act and its

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implementing regulations (42 U.S.C. 4321 et seq.), we are opening a 
public scoping period and announcing a virtual public scoping meeting.
    We previously published a notice of intent to prepare an EIS on 
July 7, 2016 (81 FR 44316) and opened a scoping period through 
September 6, 2016. KIUC used the public comments received during that 
period to revise and further develop an HCP. This new notice opens a 
new public scoping period based on the addition of new information, 
including adding six covered species to the HCP, and the anticipation 
of receiving an application from KIUC. Comments received in writing 
during the 2016 public comment period were retained, and do not need be 
provided again during this public comment period to be considered 
during this review.

Purpose and Need for the Proposed Action

    In accordance with section 10(a)(2)(A) of the ESA, the KIUC intends 
to submit the draft Kauai Island Utility Cooperative Habitat 
Conservation Plan (KIUC HCP) to us in support of their incidental take 
permit (ITP) application for the following endangered species:

 Hawaiian petrel ([revaps]ua[revaps]u in Hawaiian, Pterodroma 
sandwichensis)
 Hawaii Distinct Population Segment of band-rumped storm-petrel 
([revaps]ak[emacr][revaps]ak[emacr] in Hawaiian, Oceanodroma castro)
 Hawaiian duck (koloa maoli in Hawaiian, Anas wyvilliana)
 Hawaiian stilt (ae`o in Hawaiian, Himantopus mexicanus 
knudseni)
 Hawaiian coot ([revaps]alae ke[revaps]oke[revaps]o in 
Hawaiian, Fulica alai)
 Hawaiian gallinule ([revaps]alae [revaps]ula in Hawaiian, 
Gallinula chloropus sandvicensis).
    The following threatened species are expected to be included in the 
HCP and application as well:

 Newell's shearwater ([revaps]a[revaps]o in Hawaiian, Puffinus 
auricularis newelli)
 Hawaiian goose (n[emacr]n[emacr] in Hawaiian, Branta 
sandvicensis)
 Central North Pacific distinct population segment of green sea 
turtle (honu in Hawaiian, Chelonia mydas)

    The requested ITP, if granted, would authorize incidental take of 
the covered species caused by KIUC's operation and maintenance of 
existing and future KIUC facilities, and the implementation of a 
conservation strategy to minimize and mitigate the impact of the taking 
to the covered species.
    To meet our requirements under the National Environmental Policy 
Act (NEPA); 42 U.S.C. 4321 et seq.) and its implementing regulations, 
we intend to prepare a draft environmental impact statement (DEIS) and, 
later, a final environmental impact statement (FEIS), to evaluate the 
effects on the human environment of issuing the requested permit and 
KIUC's implementation of its HCP. The Service's purpose and need for 
the proposed action is to (1) process the applicant's request for an 
ITP and (2) either grant, grant with conditions, or deny the ITP 
request in compliance with the Service's authority under applicable 
law, including, without limitation, section 10(a)(1)(B) of the ESA and 
applicable ESA implementing regulations.

Preliminary Proposed Action and Alternatives

    Consistent with 40 CFR 1501.9(d)(2), the preliminary description of 
the proposed action is issuance of an ITP authorizing incidental take 
of covered species in association with covered activities and HCP 
implementation. The DEIS will include a reasonable range of 
alternatives, including but not limited to variations in the level of 
permitted take, the length of the permit term, conservation 
minimization and mitigation measures, and implementation and 
effectiveness monitoring. Additionally, a No Action Alternative will be 
included, in which the Service would not issue an ITP. For analysis 
purposes, the Service would assume that KIUC would operate and maintain 
existing and future powerlines and lighting in accordance with current 
practice, which includes implementation of take avoidance and 
minimization measures, but no mitigation offset for any continued 
unauthorized take. Under this alternative, any incidental take of 
covered species would not be authorized, and KIUC would assume all 
legal liability for operating without an ITP. Unauthorized take would 
continue to occur, and the effects would not be mitigated.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (see 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).
    Under section 10(a) of the ESA, the Service may issue permits 
authorizing 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 criteria for issuing ITPs to 
non-Federal entities for the take of endangered and threatened species, 
provided the following criteria are met:
    1. The taking will be incidental;
    2. The applicant will, to the maximum extent practicable, minimize 
and mitigate the impact of such taking;
    3. The applicant will ensure that adequate funding for the plan 
will be provided;
    4. The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    5. The applicant will carry out any other measures that the Service 
may require as being necessary or appropriate for the purposes of the 
HCP.

Kauai Island Utility Cooperative Habitat Conservation Plan

    KIUC intends to implement the KIUC HCP to cover activities 
including continued operation, maintenance, and retrofit of existing 
structures and facilities; operation and maintenance of certain future 
KIUC structures and facilities; and the implementation of a 
conservation strategy within the full geographic extent of the island 
of Kauai (plan area). KIUC provides and ensures the availability of 
electrical service to 34,000 of its ratepayers on the Island of Kaua'i. 
The KIUC HCP would include a conservation strategy with measures to 
minimize and mitigate the impact of the taking to covered species. We 
expect KIUC to request an ITP for a 30-year permit term.

Covered Activities

    The proposed covered activities will include:
     Continued operation, maintenance and retrofit of existing 
powerlines and lighting at certain facilities. Powerlines include 
transmission, distribution, and communication wires and supporting 
structures such as poles, towers, lattice structures, and H-frames. 
Lighting includes streetlights and exterior building lights at two KIUC 
facilities (Port Allen Generating Station and the Kapaia Generating 
Station).

[[Page 34899]]

     Operation and maintenance of future powerlines and 
lighting.
     Implementation of measures associated with KIUC's 
conservation strategy that may result in short-term effects to covered 
species (e.g., installation and maintenance of predator-proof fences 
and implementation of predator removal activities).

Covered Species

    The species proposed for coverage under the KIUC HCP include the 
following threatened and endangered seabirds, threatened and endangered 
waterbirds, and the threatened Central North Pacific distinct 
population segment (CNPDPS) of the green sea turtle. The species are 
listed below:
     Newell's shearwater, Hawaiian petrel, and band-rumped 
storm-petrel;
     Hawaiian duck, Hawaiian stilt, Hawaiian coot, Hawaiian 
gallinule, and Hawaiian goose; and
     CNPDPS of the green sea turtle.
    The proposed HCP identifies take of covered seabirds associated 
with powerline collisions and fallout caused by artificial nighttime 
lighting from streetlights and buildings. Take of covered waterbirds is 
primarily associated with powerline collisions. Artificial nighttime 
lighting from streetlights also results in take of green sea turtle 
nestlings that become disoriented after hatching on natal beaches.

Summary of Expected Impacts

    The DEIS will identify and describe the effects of the proposed 
Federal action on the human environment that are reasonably 
foreseeable, including direct, indirect, and cumulative effects. This 
includes effects that occur at the same time and place as the proposed 
action or alternatives and/or effects that are later in time or farther 
removed in distance from the proposed action or alternatives. Expected 
impacts may include, but are not limited to, positive and negative 
impacts to the covered species and other biological resources, health 
and safety, aesthetics, historical and cultural resources, public 
services and utilities, and socioeconomics. While all reasonably 
foreseeable potential impacts to the human environment will be 
considered for the proposed action and alternatives, we expect 
powerline and lighting operation and maintenance to primarily impact 
covered species and other biological resources, aesthetics, and public 
services and utilities. Similarly, implementation of KIUC's proposed 
conservation strategy may specifically impact soils and geology, land 
use, and aesthetics, in addition to covered species and other 
biological resources. The effects of these expected impacts will be 
analyzed in the EIS (see 40 CFR 1508.1(g) and 40 CFR 1502.16).
    Anticipating impacts to cultural and historical resources from HCP 
implementation, KIUC initiated outreach for the cultural impact 
assessment process under Hawaii Revised Statutes, chapter 6E. Seventy-
four individuals knowledgeable about cultural resources and practices 
on the Island of Kauai were contacted, and seven responded. Information 
from this outreach, together with other information available to the 
Service, will be used to assess potential impacts on cultural resources 
of implementing the KIUC HCP.

Anticipated Permits and Authorizations

    Anticipated permits and authorizations include, but may not be 
limited to the following:
     ESA Section 7 consultation;
     Hawaii Environmental Policy Act;
     Hawaii Revised Statutes chapter 195D (State of Hawaii 
endangered species laws);
     Migratory Bird Treaty Act;
     National Historic Preservation Act; and
     Other State and local permits and authorizations.

Related Actions

KIUC Short-Term Habitat Conservation Plan

    In 2011, the Service approved the KIUC Short-Term Habitat 
Conservation Plan (STHCP), and issued an ITP to authorize take for 
three seabird species (Newell's shearwater, Hawaiian petrel, and band-
rumped storm-petrel). The ITP provided KIUC with take coverage for 
seabird collisions with KIUC-owned powerlines and utility 
infrastructure, and fallout from nighttime lighting attraction to KIUC-
operated streetlights and facilities. Additionally, the STHCP 
established a comprehensive monitoring and research program designed to 
further evaluate the impact of the powerline system on seabird 
populations and to provide key biological data to more adequately 
inform the longer term HCP and take authorization. The ITP for the 
STHCP expired in May, 2016, but the monitoring and research program was 
successful in guiding measures that KIUC has since implemented to 
minimize and mitigate the effects of its existing facilities on the 
covered species; increasing knowledge related to the impact of KIUC's 
powerline 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 the 
longer term habitat conservation plan currently under development and 
potential take authorization.

Kauai Seabird HCP

    In 2020, the Service authorized an ITP for the State of Hawaii 
sponsored Kauai Seabird HCP (KSHCP) to cover take of the Newell's 
shearwater, Hawaiian petrel, and the band-rumped storm-petrel from 
attraction to lighting on the Island of Kauai. We provided ITPs to 
eight separate entities participating in the HCP. KIUC did not 
participate because of their need to obtain additional take coverage 
for the operation and maintenance of powerlines.

Schedule for the Decision-Making Process

    The Service will analyze the effects of the proposed permit action, 
along with other alternatives considered and the associated impacts of 
each alternative for the development of the DEIS. Following completion 
of this analysis, the Service will publish a notice of availability and 
request for public comments on the DEIS and the draft HCP submitted 
with the ITP application. The Service expects to make the DEIS and the 
applicant's draft HCP available for public review and comment in Winter 
2022. After public review and comment, we will revise the DEIS as 
appropriate, and publish an FEIS. We will also assess the effects of 
Service ITP issuance through the ESA section 7 ESA consultation 
process. The Service expects to make the FEIS and final HCP available 
to the public in Fall 2023. In accordance with 40 CFR 1506.11, no 
sooner than 30 days after the FEIS is published, the record of decision 
(ROD) will be completed. If issued, a permit may include such terms and 
conditions deemed necessary or appropriate to carry out the purposes of 
the permit and the conservation plan.

Public Scoping Process

Virtual Public Meeting

    This notice of intent initiates the public scoping process, which 
guides the development of the EIS.
    To help protect the public and limit the spread of the COVID-19 
virus, the public scoping meeting will be conducted online to 
accommodate best practices and local guidelines in place at the time 
this notice was prepared. See DATES and ADDRESSES for the date, time,

[[Page 34900]]

and connection information for the virtual public scoping meeting. The 
meeting will provide KIUC and the Service an opportunity to present to 
the public information pertinent to the KIUC HCP, and for the public to 
ask questions on the scope of issues and alternatives the Service 
should consider when preparing the EIS. No opportunity for oral 
comments will be provided. Written comments may be submitted by either 
one of the methods listed in DATES and ADDRESSES.

Reasonable Accommodations

    Persons needing reasonable accommodations in order to attend and 
participate in the virtual public scoping meeting should contact the 
Service's Pacific Islands Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT) no later than 1 week before the scheduled meeting. 
Information regarding this proposed action is available in alternative 
formats upon request.

Request for Information

    We request comments on the proposed action and alternatives, 
concerning the scope of the analysis and identification of relevant 
information, studies, and analyses from the public; other governmental 
agencies; the scientific community; Native Hawaiian organizations or 
entities; industry; or any other interested party. We will consider 
these comments in developing the DEIS. Specifically, we seek:
    1. Biological information and relevant data concerning the covered 
species and other wildlife;
    2. Additional information concerning the range, distribution, 
population size, and population trends of the covered species;
    3. Potential effects that the proposed permit action could have on 
the covered species, and other endangered or threatened species, and 
their associated ecological communities or habitats;
    4. Potential effects that the proposed permit action could have on 
other aspects of the human environment, including ecological, 
aesthetic, historic, cultural, economic, social, environmental justice, 
or health effects;
    5. Other possible reasonable alternatives to the proposed permit 
action that the Service should consider, including additional or 
alternative avoidance, minimization, and mitigation measures;
    6. The presence of historic and cultural properties--including 
archaeological sites, buildings, and structures; historic events; 
sacred and traditional areas; and other historic preservation 
concerns--in the proposed permit area, which are required to be 
considered in project planning by the National Historic Preservation 
Act;
    7. Information on other current or planned activities in, or in the 
vicinity of, the Island of Kauai and their possible impacts on the 
covered species, including any connected actions that are closely 
related and should be discussed in the same DEIS; and
    8. Other information relevant to the KIUC HCP and its impacts on 
the human environment.
    Comments received in writing during the 2016 public comment period 
were retained, and do not need be provided again during this public 
comment period to be considered during this review.

Public Availability of Comments

    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 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. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public disclosure in their 
entirety.
    Comments and materials we receive, as well as supporting 
documentation we use in preparing the DEIS, will be available for 
public inspection online in Docket No. FWS-R1-ES-2022-0068 at https://www.regulations.gov/.

Next Steps

    Once the DEIS is prepared, there will be further opportunity for 
comment on this proposed permit action through an additional public 
comment period.

Decision Maker and Nature of Decision To Be Made

    The decision maker is the Service's Regional Director of the 
Pacific Region. If, after publication of the record of decision, we 
determine that all requirements are met for ITP issuance, the Regional 
Director will issue a decision on the requested ITP.

Authority

    We provide this notice in accordance with the NEPA regulations 
found at 40 CFR 1501.9(d).

Nanette Seto,
Acting Deputy Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-11746 Filed 6-7-22; 8:45 am]
BILLING CODE 4333-15-P