First Golden Eagle Programmatic Take Permit Application Filed

On January 3, 2012, the Fish and Wildlife Service (FWS) announced that it received the first application for a programmatic permit for the take of golden eagles under the Bald and Golden Eagle Protection Act. The application was filed by West Butte Wind Power, LLC for its proposed 104-megawatt wind energy project in central Oregon, pursuant to recent regulations that allow FWS to issue permits for the limited recurring take of bald and golden eagles incidental to otherwise lawful activities. In order to satisfy the requirements for obtaining a programmatic take permit, West Butte Wind Power worked with FWS to develop an Avian and Bat Protection Plan and Golden Eagle Conservation Plan following the recommendations contained in FWS guidance. The golden eagle surveys conducted during the development of the conservation plan revealed that golden eagles rarely visit the project area and that the project presents a very low risk of impact to golden eagles. Given this finding, West Butte Wind Power's application requests a permit for the incidental take of "1 to 2 Golden Eagles over the 20 to 30 year life of the project."

In conjunction with the permit application, FWS has prepared a Draft Environmental Assessment (DEA), which describes the project, evaluates the permit application, and analyzes three alternatives: (1) no action, (2) issuing a standard five-year permit, and (3) issuing a five-year permit with additional conditions. After evaluating the effects of each alterative, FWS selected Alternative 2 as its preferred alternative. Under Alternative 2, all of the conservation commitments described in the conservation plan, including post-construction monitoring and adaptive management measures, would become requirements of a standard five-year permit to take a specific number of eagles. The five-year permit would have to be renewed as necessary throughout the life of the project. FWS is soliciting public comment on the DEA through February 2, 2012. Conservationists and the wind energy industry are closely watching FWS's decision on the programmatic take permit, which will set a precedent for future applications.