Wind developers in areas used by bald or golden eagles may now be able to get some insight into conservation measures and commitments likely necessary to obtain a "take permit" under the Bald and Golden Eagle Protection Act (BGEPA). U.S. Fish and Wildlife Service (FWS) recently issued a draft environmental assessment of an Oregon wind project in response to the first application for a BGEPA take permit.
The BGEPA prohibits anyone from "taking" bald or golden eagles, including their parts, nests, or eggs without a permit. 16 U.SC. § 668a. A "taking" includes disturbing (agitating or bothering) a bald or golden eagle to a degree that it causes, or is likely to cause:
-
Injury to an eagle
-
A decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior
-
Nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. 50 C.F.R. § 22.3.
Regulations adopted in 2009 allow FWS to authorize, for the first time, the take of eagles for activities that are otherwise lawful but that result in disturbance or mortality. See 50 C.F.R. § 22.26. FWS has also published specific guidelines on avoiding and minimizing wind energy facilities' impacts to eagles. ("Draft Eagle Conservation Plan Guidance")
The Permit
West Butte Wind Power, LLC (West Butte) seeks a take permit for its 45-56 turbine, 104-megawatt project located on private land in Crook and Deschutes Counties, Oregon. The project location is considered to be an area of low use by golden eagles. West Butte originally sought a permit to take 1 to 2 golden eagles over the 20- to 30-year life of the project based upon its own risk assessment. The FWS conducted its own golden eagle fatality prediction for the proposed project, however, and concluded that zero to 17 eagles would be taken over the life of the project. The permit, if approved, allows the take of up to three golden eagles over a five year period as long as the company fulfills certain conservation commitments. There also must be no net loss to breeding populations of golden eagles.
Conditions/Mitigation Measures
FWS required West Butte to develop an Avian and Bat Protection Plan as well as an Eagle Conservation Plan (ECP) and considers such plans to be "the cornerstone" of the golden eagle programmatic permit process. The ECP, developed in collaboration with FWS, aims to avoid, minimize and mitigate adverse effects on eagles. West Butte is implementing common mitigation measures such as wildlife monitoring plans, avian and bat surveys, mortality studies, use of underground transmission lines, and construction limitations during nesting. For additional measures West Butte is taking to address eagle conservation, click here.
What You Can Do Now
FWS will accept comments on the draft environmental assessment until February 2, 2012 at http://www.fws.gov/pacific/news/ index.cfm ("Permit Request Considered for West Butte Wind Project"). The draft environmental assessment is available at http://www.fws.gov/pacific/ migratorybirds/pdf/ West%20Butte%20DEA.pdf.
For More Information
If you have questions about the draft environmental assessment, please contact:
