[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40781-40782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17664]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2017-N155; FXES11140300000-189-FF03E00000]


Habitat Conservation Plan for the Interior Least Tern and 
Application To Renew Incidental Take Permit; Gibson County, Indiana

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of permit application; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, invite the public to 
comment on an application to conduct certain activities with endangered 
species. With some exceptions, the Endangered Species Act (ESA) 
prohibits activities with endangered and threatened species unless a 
Federal permit allows such activity. The ESA requires that we invite 
public comment before issuing these permits.

DATES: We must receive any written comments on or before September 17, 
2018.

ADDRESSES: 
    Submitting Comments: Send written comments by U.S. Mail to the 
Regional Director, Attn: Phil Delphey, U.S. Fish and Wildlife Service, 
Ecological Services, 5600 American Blvd. West, Suite 990, Bloomington, 
MN 55437-1458; or via email to <a href="/cdn-cgi/l/email-protection#afdfcaddc2c6dbdcfd9ceafcefc9d8dc81c8c0d9"><span class="__cf_email__" data-cfemail="ff8f9a8d92968b8cadccbaacbf99888cd1989089">[email protected]</span></a>. Specify that your 
comments pertain to TE016724.
    Obtaining Documents: For information on obtaining documents for 
review, see Public Comments.

FOR FURTHER INFORMATION CONTACT: Phil Delphey, 612-713-5318.

SUPPLEMENTARY INFORMATION:

Introduction

    Section 9 of the ESA and our implementing regulations in the Code 
of Federal Regulations (CFR) at 50 CFR part 17 prohibit the ``take'' of 
fish or wildlife species listed as endangered or threatened. Take of 
listed fish or wildlife is defined under the ESA as ``to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to 
attempt to engage in any such conduct'' (16 U.S.C. 1532(19)). However, 
under limited circumstances, we issue permits to authorize incidental 
take, i.e., take that is incidental to, and not the purpose of, the 
carrying out of an otherwise lawful activity.
    We invite public comment on permit renewal application TE016724, 
for certain activities with endangered species authorized by section

[[Page 40782]]

10(a)(2)(A) of the ESA (16 U.S.C. 1531 et seq.) and our regulations 
governing the taking of endangered species in the Code of Federal 
Regulations (CFR) at 50 CFR 17. Submit your written data, comments, or 
request for a copy of the complete application and Habitat Conservation 
Plan (HCP) to either address shown in ADDRESSES.

Background

    In 1986, a single pair of endangered Interior least terns (Sterna 
antillarum) nested at Cinergy Corporation's (Cinergy) Gibson Generating 
Station in Gibson County, Indiana. Since that time, the least tern 
colony at the facility has grown. During the 1990s, Cinergy worked 
cooperatively with the Indiana Department of Natural Resources (IDNR) 
and the Service to maintain favorable conditions for successful tern 
production at the Gibson Generating Station. Between 1986 and 1999, the 
largest number of terns recorded in a single year (1998) included an 
estimated 85 adult terns, 63 nests, and 72 fledged young. In the late 
1990s, Cinergy worked cooperatively with the IDNR and the Service to 
develop a Habitat Conservation Plan (HCP) regarding continued operation 
of the facility, and, in late 1999, the Service issued an Incidental 
Take Permit (ITP) to Cinergy. In 2005, the ITP was renewed. Management 
of the facility under the HCP has promoted the continued growth of the 
tern colony. In 2010, an estimated 150 adults, 110 nests, and 165 
fledged young were recorded. In addition to the growth in numbers, the 
tern colony has expanded to areas beyond the original location along a 
splitter dike adjacent to a cooling pond. Nesting has now been 
documented on the splitter dike, adjacent to ash ponds, a coal 
combustion waste landfill, construction areas, and station access 
roads. The expansion of the tern nesting area presents management 
challenges for the generating station and associated facilities.

Applicant's Proposal

    Duke Power Company purchased and merged with Cinergy Corp. to form 
Duke Energy Corporation (Duke) in 2006. Duke has continued to operate 
the facility in accordance with the HCP and the ITP. Duke has applied 
to the Service for renewal of its ITP number TE016724. An HCP 
accompanies this renewal application. The HCP describes management 
activities in and around the Gibson Generating Station, including water 
management, predator control, and minimization of human disturbance due 
to recreational use.
    Proactive management over the past 25 years has resulted in an 
increase in the Interior least tern population nesting at Gibson 
Generating Station and surrounding areas. However, no incidental take 
of least terns has occurred during that time. Actions that may result 
in take include human disturbance during management and operations, 
including foot traffic, vehicle or construction equipment, ash 
placement, waste disposal, and harassment due to the presence of people 
and equipment.
    Duke proposes to continue to manage its property to protect least 
terns. In addition, Duke has committed to monitor the result of its 
activities and the effect on the population of least terns at Gibson 
Generating Station and the surrounding state and Federal lands.

Public Comments

    We seek public review and comments on this permit application. 
Please refer to permit number TE016724 when you submit comments. The 
Habitat Conservation Plan, Incidental Take Permit renewal application, 
and NEPA determination are available for public inspection on the 
Midwest Region website at http://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html. In addition, the documents are available for 
public inspection by appointment during normal business hours (8 a.m. 
to 4:30 p.m.) at the U.S. Fish and Wildlife Service, Midwest Regional 
Office, 5600 American Blvd., West, 10th Floor, Bloomington, Minnesota 
55437-1458, (612-713-5194) and at the U.S. Fish and Wildlife Service, 
Ecological Services Field Office, 620 South Walker Street, Bloomington, 
Indiana 47403 (812-334-4261).

Public Availability of Comments

    Written comments we receive become part of the administrative 
record associated with this action. 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--may be made publicly 
available at any time. While you can request in your comment that we 
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.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6 and 43 CFR 46.305).

    Dated: May 29, 2018.
Sean O. Marsan,
Acting Assistant Regional Director, Ecological Services, Midwest 
Region.
[FR Doc. 2018-17664 Filed 8-15-18; 8:45 am]
 BILLING CODE 4333-15-P


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