Last month, the U.S. Fish and Wildlife Service (FWS) published two draft guidance documents of potential interest to those involved with the development of wind power projects – Land-Based Wind Energy Guidelines (pdf)and Eagle Conservation Plan Guidance (pdf). Both documents are part of the Department of Interior’s effort to “provide clarity and guidance to stakeholders, including developers and employees, about smart siting and effective mitigation for renewable energy projects.” FWS is accepting comments on both documents until May 19, 2011. This post discusses the Guidelines, while a post later this week will discuss the Eagle Conservation Plan Guidance.
The draft Guidelines are intended to promote compliance with the Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Bald and Golden Eagle Protection Act (BGEPA) by encouraging wind power project developers, owners, and operators to adopt and follow a “five tiered approach.” Beginning with site selection and continuing through operation, the five tiers help guide decision-making during all phases of a project’s life, with the goal of avoiding, minimizing where unavoidable, and compensating for adverse impacts to wildlife and wildlife habitat:
- Tier 1 – Preliminary evaluation or screening of potential sites (landscape-scale screening of possible project sites)
- Tier 2 – Site characterization (broad characterization of one or more potential project sites)
- Tier 3 – Pre-construction monitoring and assessments (site-specific assessments at the proposed project site)
- Tier 4 – Post-construction monitoring of effects (to evaluate fatalities and other effects)
- Tier 5 – Research (to further evaluate direct and indirect effects, and assess how they may be addressed)
While the Guidelines are voluntary, FWS states in the draft document that it will consider adherence and regular communication with FWS as “evidence of due care with respect to avoiding, minimizing, and mitigating adverse impacts to species protected by the MBTA and BGEPA, and will take such adherence and communication fully into account when exercising its discretion with respect to any potential referral for prosecution related to death of or injury to any such species.” In other words, those who choose not to follow voluntary Guidelines will do so at their own risk.
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