Monday, December 12, 2016

Wind Power - U-S Fish & Wildlife Service Readies Final Eagle Take Rule (Politico Morning Edition)

(WASHINGTON, DC) – The Fish and Wildlife Service is expected this week to issue its final rule extending the period in which wind projects can be permitted to injure or kill protected eagles from five years to 30 years, according to industry sources.

The permits protect companies from being sued for the bird deaths so long as they follow certain mitigation and reporting requirements. An earlier version of the rule was overturned by a court in 2015 because the agency did not perform an environmental impact statement. FWS issued its final programmatic EIS on the rule in November and comments on it were due Friday.

Thus far, the service has only issued two five-year permits but it could soon grant two more under the current regulations.

FWS on Friday issued its final EIS to grant two proposed eagle take permits - one for construction and another for project operations over five years - to the Power Company of Wyoming, which plans to build 500 wind turbines in southern Wyoming by 2020. During construction of the Chokecherry and Sierra Madre Phase I Wind Energy Project, the permit would allow developers to injure up to two bald eagles and eight golden eagles annually. Depending on which size turbine blade the developer picks, FWS estimated the project itself could kill one to two bald eagles and 10 to 14 golden eagles annually.