Notice2025-16101
Draft Environmental Impact Statement for the Kaua'i Island Utility Cooperative Habitat Conservation Plan, Kaua'i, Hawai'i
Primary source
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Published
August 22, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
The U.S. Fish and Wildlife Service (Service) has received an incidental take permit (ITP) application from the Kaua[revaps]i Island Utility Cooperative (KIUC; applicant), associated with KIUC's proposed habitat conservation plan (proposed HCP) submitted pursuant to the Endangered Species Act. The applicant seeks an ITP from the Service to authorize the incidental take of nine species expected to result from KIUC's operation and modification of existing and future powerlines and lighting activities on the island of Kaua[revaps]i as well as implementation of a conservation strategy. In accordance with the National Environmental Policy Act, this notice announces the availability of a draft environmental impact statement. With this notice, we also make available the proposed HCP submitted by the applicant and invite public comments.
Full Text
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<title>Federal Register, Volume 90 Issue 161 (Friday, August 22, 2025)</title>
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[Federal Register Volume 90, Number 161 (Friday, August 22, 2025)]
[Notices]
[Pages 41105-41108]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16101]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R1-ES-2022-0068; FXES11140100000-256-FF01E00000]
Draft Environmental Impact Statement for the Kaua[revaps]i Island
Utility Cooperative Habitat Conservation Plan, Kaua[revaps]i,
Hawai[revaps]i
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; notice of public meeting; request for
comments.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) has received an
incidental take permit (ITP) application from the Kaua[revaps]i Island
Utility Cooperative (KIUC; applicant), associated with KIUC's proposed
habitat conservation plan (proposed HCP) submitted pursuant to the
Endangered Species Act. The applicant seeks an ITP from the Service to
authorize the incidental take of nine species expected to result from
KIUC's operation and modification of existing and future powerlines and
lighting activities on the island of Kaua[revaps]i as well as
implementation of a conservation strategy. In accordance with the
National Environmental Policy Act, this notice announces the
availability of a draft environmental impact statement. With this
notice, we also make available the proposed HCP submitted by the
applicant and invite public comments.
DATES:
Submitting Comments: We will accept online or hardcopy comments.
Comments submitted online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> must be
received by 11:59 p.m. Eastern Time on October 21, 2025. Hardcopy
comments must be received or postmarked on or before October 21, 2025
(see ADDRESSES).
Public Scoping Meeting: One public meeting will be held in-person
on the island of Kaua[revaps]i during the comment period. The date,
location and time of any public meeting will be posted to <a href="https://www.fws.gov/project/kauai-island-utility-cooperative-habitat-conservation-plan">https://www.fws.gov/project/kauai-island-utility-cooperative-habitat-conservation-plan</a> at least two weeks prior to the public meeting date.
For more information, see Public Comments and Public Meeting under
SUPPLEMENTARY INFORMATION.
ADDRESSES: You may submit comments by one of the following methods on
the proposed habitat conservation plan and draft environmental impact
statement by any of the following methods:
<bullet> Internet: <a href="https://www.regulations.gov">https://www.regulations.gov</a> (search for Docket
No. FWS-R1-ES-2022-0068).
<bullet> U.S. Mail: Public Comments Processing; Attn: Docket No.
FWS-R1-ES-2022-0068; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
<bullet> In-Person: Oral and hand-written comments will be accepted
at the public meeting.
FOR FURTHER INFORMATION CONTACT: Koa Matsuoka, Pacific Islands Fish and
Wildlife Office, by telephone at 808-210-6295 or by email at
<a href="/cdn-cgi/l/email-protection#511a1804121d3e3f360534233c191201113726227f363e27"><span class="__cf_email__" data-cfemail="561d1f03151a3938310233243b1e15061630212578313920">[email protected]</span></a>. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have
[[Page 41106]]
a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service) announce the availability of a draft environmental impact
statement (DEIS) to evaluate the proposed issuance of an incidental
take permit (ITP) to the Kaua[revaps]i Island Utility Cooperative
(KIUC; applicant). In accordance with the requirements of the
Endangered Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.), the
applicant seeks an ITP authorizing take of federally listed threatened
and endangered species that may occur incidental to the operation and
modification of existing and future powerlines and lighting, as well as
implementation of a conservation strategy, on the island of
Kaua[revaps]i, Hawai[revaps]i for a period of 50 years. In support of
the ITP application, KIUC prepared a proposed habitat conservation plan
(HCP) to specify the impacts that will likely result from the
incidental take of covered species and the steps the applicant would
take to avoid, minimize, and mitigate such impacts, among other
components.
Background
Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531 et
seq.) prohibits the ``take'' of fish and wildlife species listed as
endangered under section 4 of the statute (16 U.S.C. 1538 and 16 U.S.C.
1533). The ESA implementing regulations extend, under certain
circumstances, the prohibition of take to threatened species (50 CFR
17.31). Under section 3 of the ESA, 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'' (16 U.S.C.
1532(19)).
Under section 10(a) of the ESA, the Services may issue permits to
authorize incidental take of listed fish and wildlife species (16
U.S.C. 1539(a)). ``Incidental take'' is take that is incidental to, and
not the purpose of, the carrying out of an otherwise lawful activity
(16 U.S.C. 1539(a)(1)(B)). Requirements for issuing ITPs to non-Federal
entities for the take of endangered and threatened species are included
in statute (section 10(a)(2)(B) of the ESA; 16 U.S.C. 1539(a)(2)) and
regulations (50 CFR 17.22(b) and 17.32(b)), provided the following
criteria are met (16 U.S.C. 1539(a)(2)(B) and 50 CFR 17.22(b)(2) and
17.32(b)(2)):
1. The taking will be incidental;
2. The applicant will, to the maximum extent practicable, minimize
and mitigate the impact of the taking;
3. The applicant will ensure that adequate funding for the
conservation plan implementation will be provided;
4. The applicant has provided procedures to deal with unforeseen
circumstances;
5. The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild;
6. The applicant will carry out any other measures that the Service
may require as being necessary or appropriate for the purposes of the
HCP; and
7. The applicant will provide any other assurances the Service may
require to ensure the conservation plan will be implemented.
Applicant's Proposal
KIUC is requesting authorization of incidental take of the
federally listed threatened [revaps]a[revaps]o (Newell's shearwater,
Puffinus newelli), endangered [revaps]ua[revaps]u (Hawaiian petrel,
Pterodroma sandwichensis), endangered Hawai[revaps]i distinct
population segment of the [revaps]ak[emacr][revaps]ak[emacr] (band-
rumped storm-petrel, Hydrobates castro), endangered ae[revaps]o
(Hawaiian stilt, Himantopus mexicanus knudseni), engangered koloa maoli
(Hawaiian duck, Anas wyvilliana), endangered [revaps]alae
ke[revaps]oke[revaps]o (Hawaiian coot, Fulica alai), endangered
[revaps]alae [revaps]ula (Hawaiian common gallinule, Gallinula galeata
sandvicensis), threatened n[emacr]n[emacr] (Hawaiian goose, Branta
sandvicensis), and threatened honu (green sea turtle, Chelonia mydas)
(together, the covered species) likely to occur incidental to proposed
covered activities on the island of Kaua[revaps]i. KIUC is seeking
authorization of incidental take for (1) powerline operations including
modifications, (2) lighting operations (facility lights and
streetlights) and use of night lighting for repairs, and (3)
implementation of a conservation strategy that may result in effects on
covered species. These activities and the effects on covered species
and the environment are described further in the proposed HCP and DEIS.
The proposed permit term is 50 years.
Measures to minimize and mitigate impacts to covered species are
described in the HCP for each covered species guided by the biological
goals and objectives of the HCP's conservation strategy. KIUC would
monitor implementation of these measures for compliance and
effectiveness. Minimization and mitigation measures are subject to
adaptive management to ensure achievement of the HCP's biological goals
and objectives. These measures are discussed in more detail within the
proposed HCP and DEIS.
The HCP includes funding information and assurances, monitoring
requirements, adaptive management, and provisions for changed and
unforeseen circumstances to ensure conservation outcomes for the
covered species over the permit term. Annual reports to the Service
would confirm the amount, type, and location of impacts and mitigation
as well as the status of monitoring, adaptive management, changed
circumstances, and funding.
National Environmental Policy Act
Draft Environmental Impact Statement
The proposed issuance of an ITP supported by an HCP is a Federal
action under the National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.). The Service, with input from the State of
Hawai[revaps]i's Department of Land and Natural Resources, Division of
Forestry and Wildlife (DOFAW) as a cooperating agency, prepared the
DEIS pursuant to the statutory requirements of NEPA and the Department
of the Interior's NEPA regulations at 43 CFR part 46, consistent with
the purpose and goals of NEPA. In addition, the conservation measures
proposed in the HCP would occur on State land triggering environmental
review under the Hawai[revaps]i Environmental Policy Act (HRS Chapter
343; HAR Chapter 11-200). Therefore, this DEIS has also been prepared
in accordance with Hawai[revaps]i Revised Statutes (HRS) Chapter 343,
Environmental Impact Statements, and Hawai[revaps]i Administrative
Rules (HAR), Title 11, Chapter 200.1, Environmental Impact Statement
Rules. The DEIS analyzes the proposed action (Alternative B; identified
as the preferred alternative) and a reasonable range of alternatives to
the proposed action (Alternatives A, C, and D), as well as their
environmental consequences including the direct, indirect, and
reasonably foreseeable effects. The four alternatives are analyzed in
detail in the DEIS.
Alternative A--No Action: Under Alternative A, the Service would
not issue take authorizations through an ITP to KIUC for the nine
covered species for powerline operation, modification, and lighting
operations. KIUC would not implement a comprehensive program for
mitigating take of ESA-listed species or implement the proposed HCP,
and the impact of KIUC's taking of ESA-listed species would not be
mitigated in accordance with the proposed HCP's
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conservation strategy. Under Alternative A, there would be no
obligation to maintain the already established conservation sites in
the absence of the ITP.
KIUC would continue to operate its existing and new infrastructure
to provide services to its customers in the Plan Area, which consists
of the entire island of Kaua[revaps]i. These activities, including
powerline operation, modification, and lighting operations, would
continue to be subject to the ESA.
Alternative B--Proposed Action (Preferred Alternative): Under
Alternative B, the proposed action and the preferred alternative
identified in the DEIS, the Service would issue a permit authorizing
incidental take of covered species from covered activities in the
Permit Area (specific locations of the covered activities and
conservation measures). This would include implementation of the
conservation strategy over a 50-year permit term as described in the
proposed HCP as well as monitoring and reporting requirements, and an
adaptive management program. KIUC would provide funding for HCP
implementation.
Alternative C--Additional Minimization: Under Alternative C, the
Service would issue a permit authorizing incidental take of covered
species with the same Permit and Plan Areas, covered species, permit
term, and monitoring and adaptive management program as in Alternative
B. However, the HCP's conservation strategy would be modified to
implement additional minimization measures on existing powerline spans
that have higher collision risk for seabirds to further reduce the
collision risk for seabirds.
Alternative D--Additional Mitigation: Under Alternative D, the
Service would issue an ITP as in Alternative B, but the HCP's
conservation strategy would be modified to increase the total acreage
and intensity of mitigation effort beyond what is included in the
proposed action.
Environmental Protection Agency's Role in the EIS Process
The Environmental Protection Agency (EPA) is charged under section
309 of the Clean Air Act (42 U.S.C. 7401 et seq.) with reviewing all
Federal agencies' EISs and commenting on the adequacy and acceptability
of the environmental impacts of proposed actions. The EPA is also
responsible for administering the EIS filing process. The EPA is
publishing a notice in the Federal Register announcing this DEIS. EPA
serves as the repository (EIS database) for EISs prepared by Federal
agencies. You may search for EPA comments on EISs, along with EISs
themselves, at <a href="https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search">https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search</a>.
Public Comments and Public Meeting
Submitting Comments
You may submit your comments and materials on the proposed HCP and
the DEIS by one of the methods in ADDRESSES. We specifically request
information on the following:
1. Biological information, analysis, and relevant data concerning
the covered species, other wildlife, and ecosystems.
2. Potential effects that the proposed permit actions could have on
the covered species, other endangered or threatened species, and their
habitats, including the interaction of the effects of the project with
climate change and other stressors.
3. Adequacy of the proposed actions to minimize and mitigate the
impact of the taking on covered species, including but not limited to
conservation measures and adaptive management procedures.
4. Potential effects that the proposed permit action could have on
other aspects of the human environment, including effects on plants and
animals, water resources, and aesthetic, historic, cultural, economic,
social, climate change, or health effects.
5. The alternatives analysis conducted by the Service, including
the alternatives analyzed, the range of alternatives analyzed, and the
alternatives considered but not analyzed in detail.
6. The presence of historic properties that are eligible for
inclusion in the National Register of Historic Places--including
archaeological sites, buildings, and structures--and other historic
preservation concerns in the proposed Permit Area, which are required
to be considered in project planning by the National Historic
Preservation Act (54 U.S.C. 306101 et seq.).
7. Effects on the environment that result from the incremental
effects of the action when added to the effects of other past, present,
and reasonably foreseeable actions as well as any connected actions
that are closely related and should be discussed in the same DEIS.
8. The alternatives, information, and analyses submitted during the
public scoping period and summary thereof.
9. Other information relevant to the proposed HCP and its impacts
on the human environment.
Public Meeting
The Service and DOFAW will jointly host an in-person public meeting
to share information and gather comments from interested parties. See
DATES and ADDRESSES for details about the public meeting to be
announced two weeks beforehand. During the public meeting, the Service
will give participants the opportunity to ask questions about the
proposed HCP and DEIS. Oral comments will be accepted; written comments
may also be submitted at the public meeting or by the methods listed in
ADDRESSES.
Reasonable Accommodations
Persons needing reasonable accommodations in order to participate
in the public meeting should contact the Service's Pacific Islands Fish
and Wildlife Office as soon as possible, using one of the methods
listed in ADDRESSES. In order to allow sufficient time to process
requests, please make contact at least 15 days before the public
meeting. Information regarding this proposed action is available in
alternative formats upon request.
Public Availability of Comments
You may submit your comments and materials by one of the methods
listed in ADDRESSES. Before including your address, phone number, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--might 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. 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.
Comments and materials we receive will be available for public
inspection online in Docket No. FWS-R1-ES-2022-0068 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (see FOR FURTHER INFORMATION CONTACT).
Next Steps and Decision To Be Made
After public review and comment, the Service will evaluate the
permit application, associated documents, and any comments received to
determine whether the permit application meets the requirements of
section 10(a)(1)(B) of the ESA. The decision will also be informed by
the data, analyses, and findings in the DEIS. The Service will document
the determination in an ESA
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section 10 findings document, ESA section 7 consultation documents, and
a NEPA record of decision developed at the conclusion of the ESA and
NEPA compliance processes. The Service expects to publish a Final EIS
(FEIS) in the Federal Register by mid-2026. At least 30 days after the
FEIS is published, we expect that the Service will complete a record of
decision and issue a decision on the requested ITP. The current
estimate for the issuance of a record of decision is by the fall of
2026.
Authority
The Service provides this notice under section 10(c) of the
Endangered Species Act (16 U.S.C. 1531 et seq.) and pursuant to the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and
Department of the Interior guidance (318 DM 3).
Bridget Fahey,
Acting Regional Director, Pacific Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2025-16101 Filed 8-21-25; 8:45 am]
BILLING CODE 4333-15-P
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