Guidance for the Development of Project-specific Avian and Bat Protection Plans for Renewable Energy Facilities
In Reply Refer To:
6843 (NV934) P
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Nevada State Office
P.O. Box 12000 (1340 Financial Blvd.)
Reno, Nevada 89520-0006
http://www.nv.blm.gov
August 30, 2010
EMS TRANSMISSION 08/31/2010
Instruction Memorandum No. NV-2010-063
Expires: 09/30/2011
To: District Managers, Nevada
From: State Director, Nevada
Subject: Guidance for the Development of Project-specific Avian and Bat Protection Plans for Renewable Energy Facilities
Program Areas: Wind, Solar Geothermal, Rights of Way, Land Use Planning, National Environmental Policy Act, Wildlife
Purpose: This Instruction Memorandum (IM) provides direction regarding implementation of the US Fish and Wildlife Service (Service’s) recent memorandum providing guidance for the development of project-specific avian and bat protection plans for renewable energy facilities. This IM identifies actions necessary to ensure environmentally responsible exploration, authorization, leasing and development of renewable energy resources within avian and bat habitat.
Policy/Action: The Service’s memorandum provides components that should be considered and if appropriate, incorporated into Avian Protection Plans (APP) or Avian and Bat Protection Plans (ABPP). The development of either Plan needs to begin at the earliest planning stages of a proposed project. Projects that are in the later stages of development, should still consider the Service’s suggestions on micro-siting, facility operations, wildlife monitoring and adaptive management.
An ABPP may be developed for wind projects at the discretion of the applicant, unless a candidate, threatened or endangered bat may be affected. In this situation, an ABPP should be prepared and may be required as a condition of the Right-of-Way. The Service may also require a satisfactory APP or ABPP for any project that may take a listed species as part of the biological opinion.
BLM issued IM No. 2010-156 which provided direction for complying with the Bald and Golden Eagle Protection Act and referred to the development of APPs. If the proposed project has the potential to impact golden eagles or their habitat an APP is required by the BLM as a condition of the Right-of-Way grant. The APP will be developed by the applicant, in coordination with the Service to evaluate options to avoid and minimize the project impacts. If in correspondence, the Service indicates that an APP or ABPP is not sufficient to avoid or minimize likely take resulting from the proposed project, the BLM authorized officer will not issue a Record of Decision or Decision Record approving the project. If the applicant wishes to proceed, the applicant must then identify an alternative project design to reduce the likely take to a level that is compatible with the preservation of eagles, and receive Service concurrence for the revised APP or ABPP. If, after coordination with the Service, an APP or ABPP is deemed appropriate and needed to sufficiently avoid and minimize take by the proposed project, the BLM authorized officer may issue a Record of Decision or Decision Record approving the project; however the BLM authorized officer will not issue a Notice to Proceed until the Service’s letter of concurrence for the APP is received for the project.
Where eagles are not present, the BLM is not required to have concurrence from the Service for an APP, unless the APP covers threatened or endangered species and the Service makes it a condition of the biological opinion. Nonetheless, an APP and ABPP should still be considered as a “good faith” effort by project proponents to conserve migratory birds and bats and to use the most environmentally friendly way possible to develop renewable energy projects.
BLM should inform proponents that APPs and ABPPs are voluntary and do not release any entity of its obligations to comply with federal, State, or local laws, statutes, or regulations. The Service’s White Paper, states….”the Office of Law Enforcement focuses its resources on investigating and prosecuting individuals and companies that take migratory birds without identifying and implementing all reasonable, prudent, and effective measure to avoid…take.” Therefore, a soundly developed and properly implemented APP or ABPP may be considered to represent a good faith effort to address the Migratory Bird Treaty Act.
All APPs or ABPPs must address, at a minimum, siting, operations, and monitoring. When possible, BLM should encourage applicants to include additional sections as discussed in the White Paper: surveys, risk assessment, project design measures, construction phase measures, operational phase measures, post-construction monitoring, decommissioning, and reporting. These sections should be as quantitative as scientifically possible. In keeping with the IM No. 2010-156 and the White Paper, the development of APPs and ABPPs are between the applicant
and the Service.
Timeframe: This IM is effective immediately.
Budget Impact: This IM will result in additional costs for the applicants through surveys, monitoring, mapping and minimal additional costs to the BLM.
Background: The Service is developing national guidance for APP and ABPP and a template. The Service should also be providing suggested language to the Ecological Services’ Offices for APP and ABPP concurrence letters. Until these activities are completed, the attached White Paper provides a template for content and discussion that should be considered for inclusion in APPs and ABPPs.
Signed By:
Ron Wenker
State Director
Authenticated By:
Ellyn Darrah
Administrative Assistant
Attachment
1- Considerations for Avian and Bat Protection Plans. USFWS White Paper July 2010