Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 68821 

management actions necessary to 

compensate for the impacts of 

incidental take of the Covered Species 

and to provide a net environmental 

benefit. The goals and objectives of the 

compensatory mitigation program 

would be based on specific recovery 

goals for each listed species. The 

KSHCP compensatory program would 

likely include weed, ungulate, and 

predator removal designed to benefit the 

Covered Species and other listed flora 

and fauna. Part of the analysis in the 

KSHCP will be to evaluate the potential 

effects of covered activities to rare 

plants, including but not limited to 

Acaena exigua, Adenophorus periens, 

Alsinidendron lychnoides, Cyanea 

recta, Cyrtandra cyaneoides, Delissea 

rivularis, Exocarpus luteolus, Myrsine 

linearifolia, Nothocestrum peltatum, 

Plantago princeps var. anomala, 

Plantago princeps var. longibracteata, 

Platanthera holochila, Poa 

sandvicensis, Poa siphonoglossa, Remya 

montgomeryi, Schiedea membranacea, 

Solanum sandwicense, and Xylosma 

crenatum. A ‘‘Plant Protection Plan’’ 

should be included in the KSHCP to 

ensure protection of all listed plants 

during seabird mitigation actions. The 

KSHCP compensatory mitigation 

program is also expected to support 

long-term conservation partnerships 

with land owners and existing efforts by 

non-profit organizations that provide 

long-term benefits to listed seabirds, 

plants, watersheds, and other non-listed 

plants and animals of Kauai. 

Fees for each applicant/participant 

would be proportionate to the level of 

incidental take authorized as well as the 

type of impact: lights or utility lines. 

Fees submitted under the KSHCP would 

be used to fund HCP administration, 

monitoring, compensatory mitigation, 

and the SOS Program. 

As currently envisioned, 

administration and management related 

to implementation of the KSHCP would 

be the responsibility of the DLNR or 

their designee, with appropriate 

oversight by the Service. An annual 

review of actions implemented under 

the KSHCP would be conducted by the 

Endangered Species Recovery 

Committee (ESRC). Based on that review 

the ESRC may forward 

recommendations for modifying 

KSHCP-related actions to the Board of 

Land and Natural Resources. 

Environmental Impact Statement 

NEPA (42 U.S.C. 4321 et seq.) requires 

that Federal agencies conduct an 

environmental analysis of their 

proposed actions to determine if the 

actions may significantly affect the 

human environment. Under NEPA, our 

action would be the proposed issuance 

of ITPs based on the KSHCP. The 

Service and the DLNR are proposing to 

prepare a joint Federal/State EIS to 

evaluate the effects of the proposed 

KSHCP and proposed issuance of 

Federal and State ITPs on the human 

environment. The DLNR’s preparation 

of the draft KSHCP and related EIS is 

based on conditions of an ESA Section 

6 HCP Planning and Coordination grant 

awarded to the DLNR in 2009. The joint 

Federal/State EIS will be prepared in 

compliance with NEPA and Hawaii 

Revised Statutes (HRS) Chapter 343. 

Although DLNR will have the lead for 

preparing the EIS the Service will be 

responsible for the scope and content of 

the document for NEPA purposes, and 

the DLNR will be responsible for the 

scope and content of the document for 

the purposes of satisfying requirements 

of HRS Chapter 343. 

The EIS will consider the proposed 

action, (the issuance of Section 

10(a)(1)(B) permits under the ESA), no 

action (i.e., no permit issuance), a 

reasonable range of other alternatives, 

and the associated impacts of each 

alternative. A detailed description of the 

proposed action and other alternatives 

(including no action) will be included 

in the EIS. The range of alternatives 

developed may vary by the level of 

impacts caused by the proposed 

activities, their specific locations, and 

the conservation measures involved. 

Potential alternatives may include 

various methods of minimizing take 

through modifications of existing power 

lines, structures, and lights; placing 

power line segments underground; 

implementing design standards for new 

facilities; variations in the scope of 

covered activities; variations in the 

location, amount and type of 

conservation including developing and 

implementing various approaches for 

improving seabird survival and breeding 

success; variations in permit duration; 

or a combination of these elements. We 

will consider other reasonable 

alternatives recommended during this 

scoping process in order to develop a 

full range of alternatives. 

The EIS will analyze direct, indirect, 

and cumulative impacts on the 

ecosystem and other aspects of the 

human environment including, but not 

limited to, biological resources, land 

use, air quality, water quality, mineral 

resources, water resources, recreation, 

cultural and archeological resources, 

visual resources, socioeconomics, and 

other issues that could occur with 

implementation of the proposed action 

and alternatives. For all potentially 

significant impacts, the EIS will identify 

avoidance, minimization, and 

mitigation measures to reduce those 

impacts, where feasible, to a level below 

significance. 

Review of the EIS will be conducted 

in accordance with the requirements of 

NEPA (42 U.S.C. 4321), the Council on 

Environmental Quality regulations (40 

CFR 1500–1508), the Administrative 

Procedure Act (5 U.S.C. 551 et seq.), 

other applicable regulations, and the 

Service’s procedures for compliance 

with those regulations. This notice is 

being furnished in accordance with 40 

CFR 1501.7 to obtain suggestions and 

information from other agencies and the 

public on the scope of issues and 

alternatives to be addressed in the EIS. 

The primary purpose of the scoping 

process is to identify important issues 

and alternatives related to the proposed 

action. 

We request comments, suggestions, 

and data from all interested parties to 

ensure that a reasonable range of 

alternatives is presented and that all 

potentially significant issues are 

identified in the EIS. We will fully 

consider all comments received during 

the comment period. Comments and 

materials we receive will become part of 

the public record and will be available 

for public inspection, by appointment, 

during regular business hours. Before 

including your address, phone number, 

e-mail address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

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. 

Dated: October 15, 2010. 

Richard Hannan, 

Deputy Regional Director. 

[FR Doc. 2010–28272 Filed 11–8–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2010–N219; 10120–1112– 

0000–F2] 

Endangered and Threatened Wildlife 

and Plants; Permit; Construction and 

Operation of Kaheawa II Wind Energy 

Generation Facility, Maui, HI; Draft 

Habitat Conservation Plan and Draft 

Environmental Assessment 

AGENCY: Fish and Wildlife Service, 

Interior. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
68822 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), have received 

an application from Kaheawa Wind 

Power II, LLC (KWP II) (Applicant) for 

an incidental take permit (permit) under 

the Endangered Species Act of 1973, as 

amended (ESA). The Applicant is 

requesting an incidental take permit 

under the ESA to authorize take of three 

Federally endangered and one 

threatened bird species. The permit 

application includes a draft Habitat 

Conservation Plan (HCP) and a draft 

Implementing Agreement (IA). We also 

announce the availability of a draft 

Environmental Assessment (EA) that 

has been prepared in response to the 

permit application in accordance with 

requirements of the National 

Environmental Policy Act (NEPA). We 

are making the permit application 

package and draft EA available for 

public review and comment. 

DATES: All comments from interested 

parties must be received on or before 

December 9, 2010. 

ADDRESSES: Please address written 

comments to Loyal Mehrhoff, Project 

Leader, Pacific Islands Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

300 Ala Moana Boulevard, Room #3– 

122, Honolulu, HI 96850. You may also 

send comments by facsimile to (808) 

792–9580. 

FOR FURTHER INFORMATION CONTACT: 

James Kwon, Fish and Wildlife 

Biologist, U.S. Fish and Wildlife Service 

(see ADDRESSES above), telephone (808) 

792–9400. 

SUPPLEMENTARY INFORMATION: The 

Applicant is requesting an incidental 

take permit under the ESA to authorize 

take of the Federally endangered 

Hawaiian petrel (Pterodroma 

sandwichensis), endangered Hawaiian 

goose (ne ̄ne ̄) (Branta sandvicensis), 

endangered Hawaiian hoary bat 

(Lasiurus cinereus semotus), and the 

threatened Newell’s (Townsend’s) 

shearwater (Puffinus auricularis newelli) 

(collectively these four species are 

hereafter referred to as the ‘‘Covered 

Species’’). The permit application 

includes a draft Habitat Conservation 

Plan (HCP) that describes the 

Applicant’s actions and the measures 

the Applicant will implement to 

minimize, mitigate, and monitor 

incidental take of the Covered Species, 

and a draft Implementing Agreement 

(IA). 

Availability of Documents 

You may request copies of the permit 

application, which includes the draft 

HCP, IA, and EA, by contacting the 

Service’s Pacific Islands Fish and 

Wildlife Office (see FOR FURTHER

INFORMATION CONTACT above). These 

documents are also available 

electronically for review on the U.S. 

Fish and Wildlife Service Pacific Islands 

Fish and Wildlife Office Web site at 

http://www.fws.gov/pacificislands. 

Comments and materials we receive, as 

well as supporting documentation we 

use in preparing the NEPA document, 

will become part of the public record 

and will be available for public 

inspection by appointment, during 

regular business hours. Before including 

your address, phone number, e-mail 

address, or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may 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. 

We specifically request comments 

from the public on whether the 

application meets the statutory and 

regulatory requirements for issuing a 

permit, and identification of any aspects 

of the human environment that should 

be analyzed in the draft EA. We are also 

soliciting comments on the: adequacy of 

the HCP to minimize, mitigate, and 

monitor the proposed incidental take of 

the Covered Species; adequacy of the 

funding being provided to implement 

the proposed mitigation program and 

changed circumstances; adequacy of the 

adaptive management program; and 

certainty that mitigation will occur. 

Please evaluate against the 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. In 

compliance with section 10(c) of the 

ESA (16 U.S.C 1539(c)), we are making 

the permit application package available 

for public review and comment for 30 

days (see DATES section above). 

Background 

Section 9 of the ESA (16 U.S.C. 1538) 

and Federal regulations prohibit the 

take of fish and wildlife species listed 

as endangered or threatened. The term 

‘‘take’’ means to harass, harm, pursue, 

hunt, shoot, wound, kill, trap, capture, 

or collect, or to attempt to engage in any 

such conduct (Id.). However, under 

section 10(a) of the ESA (16 

U.S.C.1539(a)), we may issue permits to 

authorize incidental take of listed fish 

and wildlife species. Incidental take is 

defined as take that is incidental to, and 

not the purpose of, carrying out an 

otherwise lawful activity. Regulations 

governing incidental take permits for 

threatened and endangered species are 

found at 50 CFR 17.32 and 17.22. If 

issued, the permittee would receive 

assurances under the Service’s ‘‘No 

Surprises’’ regulations at 50 CFR 

17.32(b)(5) and 50 CFR 17.22(b)(5). 

KWP II is a fully owned subsidiary of 

the Boston-based wind energy company, 

First Wind, and would supply windgenerated electricity to the Maui Electric 

Company. KWP II has developed a draft 

HCP that addresses the incidental take 

of the four Covered Species caused by 

the construction and operation of the 

KWP II wind energy facility over a 

period of 20 years. 

The proposed project is located 

southeast of the existing 30-megawatt 

(MW), 21-turbine Kaheawa Wind Power 

I (KWP I) project. Like KWP II, KWP I 

is owned by First Wind and is operating 

under an existing HCP that addresses 

incidental take of the same four covered 

species. At KWP I, the Hawaiian petrel, 

Hawaiian goose, and Hawaiian hoary 

bat are known to have collided with 

wind turbine structures. 

The Hawaiian petrel and Newell’s 

shearwater breed on Maui and feed in 

the open ocean. Both covered seabird 

species spend a large part of the year at 

sea. Adults generally return to their 

colonial nesting grounds in the interior 

mountains of Maui beginning in March 

and April, and depart beginning in 

September. Fledglings (i.e., young birds 

learning how to fly) travel from the 

nesting colony to the sea in the fall. 

Both adults and fledglings are known to 

collide with tall buildings, towers, 

powerlines, and other structures while 

flying at night between their nesting 

colonies and at-sea foraging areas. The 

ne ̄ne ̄ is resident on site and is known to 

nest in areas adjacent to the proposed 

wind energy facility. The Hawaii hoary 

bat has been observed on site by 

acoustic monitoring; however, no 

evidence of roosts has been detected. 

Proposed Plan 

The activities proposed to be covered 

by the permit include the construction 

and operation of a new 21-megawatt, 14- 

turbine wind energy generation facility 

at Kaheawa Pastures above Maalaea, in 

the southwestern portion of the Island 

of Maui, Hawai‘i. The proposed facility 

will consist of 14 General Electric wind 

turbine generators (WTGs), a 

maintenance building (and renovations 

to the existing Operations and 

Maintenance building), an electrical 

substation, a battery energy storage 

system, an underground electrical 

collection system carrying electrical 

power from individual WTGs to the 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 68823 

electrical substation, an overhead 

transmission line to connect the 

substation to the Maui Electric 

Company Ltd. transmission line, a 

permanent unguyed meteorological 

monitoring tower, and short service 

roads to connect the new WTGs and 

other facilities to the existing main 

access road servicing KWP I. The overall 

project is located within a combined 

footprint area of approximately 143 

acres (58 hectares). The Applicant has 

also applied for a State of Hawai‘i 

incidental take license under Hawai‘i 

State law. The draft HCP describes the 

impacts of take associated with those 

activities on the Covered Species, and 

proposes a program to minimize and 

mitigate take on each of the Covered 

Species. 

KWP II is proposing mitigation 

measures that include: (1) Active 

management such as predator removal 

and construction of cat- and mongooseproof fences at Hawaiian petrel and 

Newell’s shearwater colonies; (2) 

captive propagation and release of ne ̄ne ̄

goslings; (3) habitat management and 

predator control to increase ne ̄ne ̄

breeding success and survival; (4) 

surveys to document the distribution 

and abundance of the Hawaiian hoary 

bat; and (5) habitat management and 

reforestation to benefit the recovery of 

the Hawaiian hoary bat. This HCP 

incorporates adaptive management 

provisions to allow for modifications to 

the mitigation and monitoring measures 

as knowledge is gained during 

implementation. 

We invite comments and suggestions 

from all interested parties and request 

that comments be as specific as 

possible. In particular, we request 

information and comments regarding 

the following issues: 

(1) The direct, indirect, and 

cumulative effects that implementation 

of any reasonable alternatives could 

have on endangered and threatened 

species; 

(2) Other reasonable alternatives 

consistent with the purpose of the 

proposed HCP as described above, and 

their associated effects; 

(3) Measures that would minimize 

and mitigate potentially adverse effects 

of the proposed action; 

(4) Adaptive management or 

monitoring provisions that may be 

incorporated into the alternatives, and 

their benefits to listed species; 

(5) Other plans or projects that might 

be relevant to this action; 

(6) The proposed term of the 

Incidental Take Permit and whether the 

proposed conservation program would 

minimize and mitigate to the maximum 

extent practible the incidental take that 

would be expected to occur over 20 

years; and 

(7) Whether the HCP meets other ESA 

sec. 10(a)(2)(B) (16 U.S.C. (a)(2)(B), 

issuance criteria; and 

(8) Any other information pertinent to 

evaluating the effects of the proposed 

action on the human environment. 

The draft EA considers the direct, 

indirect, and cumulative effects of the 

proposed action of permit issuance, 

including the measures that will be 

implemented to minimize and mitigate 

such impacts. The EA contains an 

analysis of three alternatives: (1) 

Issuance of an incidental take permit to 

KWP II on the basis of the proposed 

HCP with the downroad siting location; 

(2) the issuance of a permit based on the 

downwind/downstring siting location; 

and (3) No Action (no permit issuance 

and no measures by the Applicant to 

reduce or eliminate the take of Covered 

Species). 

This notice is provided under section 

10(c) (16 U.S.C. 1539(c)) of the ESA and 

NEPA regulations (40 CFR 1506.6). The 

public process for the proposed Federal 

action will be completed after the public 

comment period, at which time we will 

evaluate the permit application, the 

HCP and associated documents 

(including the EA), and comments 

submitted thereon to determine whether 

or not the proposed action meets the 

requirements of section 10(a) (16 U.S.C. 

1539(a)) of the ESA and has been 

adequately evaluated under NEPA. 

Dated: October 20, 2010. 

Richard Hannan, 

Deputy Regional Director. 

[FR Doc. 2010–28197 Filed 11–8–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Indian Gaming 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Approved Tribal-State 

Class III Gaming Amendment. 

SUMMARY: This notice publishes 

approval of the Amendments to the 

Class III Gaming Compact (Amendment) 

between the State of Oregon and the 

Siletz Indians of Oregon. 

DATES: Effective Date: November 9, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Deputy Assistant 

Secretary—Policy and Economic 

Development, Washington, DC 20240; 

telephone (202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act of 1988 (IGRA) Public 

Law 100–497, 25 U.S.C. 2710, the 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. This Amendment 

allows for multi-player games on video 

lottery terminals (VLTs). 

Dated: November 1, 2010. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2010–28267 Filed 11–8–10; 8:45 am] 

BILLING CODE 4310–4N–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

[Account No. 3086–SYM] 

National Capital Memorial Advisory 

Commission 

AGENCY: National Park Service, Interior. 

ACTION: Notice of public meeting. 

SUMMARY: Notice is hereby given that 

the National Capital Memorial Advisory 

Commission (the Commission) plans to 

meet and discuss currently authorized 

and proposed memorials in the District 

of Columbia and its environs. 

DATE: Wednesday, November 17, 2010. 

ADDRESSES: National Building Museum, 

Room 312, 401 F Street, NW., 

Washington, DC 20001. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nancy Young, Secretary to the 

Commission, by telephone at (202) 619– 

7097, by e-mail at 

nancy_young@nps.gov, by telefax at 

(202) 619–7420, or by mail at the 

National Capital Memorial Advisory 

Commission, 1100 Ohio Drive, SW., 

Room 220, Washington, DC 20242. 

SUPPLEMENTARY INFORMATION: In 

addition to discussing general matters 

and conducting routine business, the 

Commission will consider one action 

item: H.R. 3886, a bill to establish a 

memorial to Benjamin Banneker in the 

District of Columbia. There will also be 

two non-action items before the 

Commission: 

(1) Design consultation—Dwight D. 

Eisenhower Memorial, and 

(2) Status report—John Adams 

Memorial. 

The meeting will be open to the public. 

Persons who wish to file a written 

statement or testify at the meeting or 

who want further information 

concerning the meeting may contact Ms. 

Nancy Young, Secretary to the 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1