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U.S. Fish & Wildlife ServiceU.S. Fish and Wildlife ServiceLand-Based Wind Energy Guidelines

Cover Photo:Wind Turbine. Photo by Stefanie Stavrakas, USFWS

U.S. Fish and Wildlife Service Land-Based Wind Energy GuidelinesOMB Control No, 1018-0148Expiration Date: 11/30/2021U.S. Fish and Wildlife ServiceLand-Based Wind Energy GuidelinesMarch 23, 2012i

U.S. Fish and Wildlife Service Land-Based Wind Energy GuidelinesAcknowledgementsThe U.S. Fish and Wildlife Service (Service) would like to recognize and thank the Wind Turbine GuidelinesAdvisory Committee for its dedication and preparation of its Recommendations. The Recommendations have servedas the basis from which the Service’s team worked to develop the Service’s Land-Based Wind Energy Guidelines.The Service also recognizes the tireless efforts of the Headquarters, Regional and Field Office staff that helped toreview and update these Guidelines.Paperwork Reduction Act Statement: The Land-Based Wind Energy Guidelines contain reporting and recordkeepingrequirements that require Office of Management and Budget approval in accordance with the Paperwork ReductionAct of 1995. Your response is voluntary. We collect this information in order to provide technical assistance relatedto addressing wildlife conservation concerns at all stages of land-based wind energy development. For eachresponse, we estimate the time necessary to provide the information as follows:Tier 1 – 83 hoursTier 2 – 375 hoursTier 3 – 2,880 hoursTier 4 – 2,550 hoursTier 5 – 2,400 hoursThe above estimates include time for reviewing instructions, gathering and maintaining data, and preparing andtransmitting reports. Send comments regarding these estimates or any other aspect of the requirements to theService Information Collection Clearance Officer, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, MS 2042PDM, Arlington, VA 22203.We may not conduct and you are not required to respond to a collection of information unless it displays a currentlyvalid OMB control number.ii

U.S. Fish and Wildlife Service Land-Based Wind Energy GuidelinesTable of ContentsExecutive Summary viChapter 1 - General Overview 1Statutory Authorities 1Migratory Bird Treaty Act 2Bald and Golden Eagle Protection Act 2Endangered Species Act 3Implementation of the Guidelines 4Consideration of the Guidelines in MBTA and BGEPA Enforcement 6Scope and Project Scale of the Guidelines 6Service Review Period 7Introduction to the Decision Framework Using a Tiered Approach 7Considering Risk in the Tiered Approach 10Cumulative Impacts of Project Development 10Other Federal Agencies 10Relationship to Other Guidelines 11Chapter 2: Tier 1 – Preliminary Site Evaluation 12Tier 1 Questions 13Tier 1 Methods and Metrics 13Tier 1 Decision Points 13Chapter 3: Tier 2 – Site Characterization 14Tier 2 Questions 14Tier 2 Methods and Metrics 15Tier 2 Decision Points 18Chapter 4: Tier 3 – Field Studies to Document Site Wildlife and Habitat and Predict Project Impacts 19Tier 3 Questions 19Tier 3 Study Design Considerations 24Assessing Presence Assessing Site Use/Behavior Duration/Intensity of Studies Assessing Risk to Species of Concern 24242525Tier 3 Technical Resources 26Tier 3, Question 1 26Tier 3, Question 2 27iii

U.S. Fish and Wildlife Service Land-Based Wind Energy GuidelinesTier 3, Question 3 28Tier 3 Decision Points 33Chapter 5: Tier 4 – Post-construction Studies to Estimate Impacts 34Tier 4a – Fatality Studies 34Tier 4a Questions 35Tier 4a Protocol Design Considerations 35Tier 4a Study Objectives 37Tier 4b – Assessing direct and indirect impacts of habitat loss, degradation, and fragmentation 40Tier 4b Protocol Design Considerations 41Tier 4b Decision Points 41Chapter 6: Tier 5 – Other Post-construction Studies 43Tier 5 Questions 43Tier 5 Study Design Considerations 44Tier 5 Examples Tier 5 Studies and Research 4446Chapter 7: Best Management Practices 49Site Construction and Operation 49Retrofitting, Repowering, and Decommissioning 51Retrofitting 51Repowering 51Decommissioning 52Chapter 8: Mitigation 53NEPA Guidance on Mitigation 53Compensatory Mitigation 54Migratory Birds and Eagles 54Endangered Species 54Chapter 9: Advancing Use, Cooperation and Effective Implementation 55Conflict Resolution 55ivBird and Bat Conservation Strategies (BBCS) 55Project Interconnection Lines 55Confidentiality of Site Evaluation Process as Appropriate 56Collaborative Research 56Service - State Coordination and Cooperation 56

U.S. Fish and Wildlife Service Land-Based Wind Energy GuidelinesService Tribal Consultation and Coordination 57Tribal Wind Energy Development on Reservation Lands 57Tribal Wind Energy Development on Lands that are not held in Trust 57Non-Tribal Wind Energy Development – Consultation with Indian Tribal Governments 57Non-Governmental Organization Actions 58Non-Governmental Organization Conservation Lands 58Appendix A: Glossary 59Appendix B: Literature Cited 64Appendix C: Sources of Information Pertaining to Methods to Assess Impacts to Wildlife 70List of Figures and TablesTable 1. Suggested Communications Protocol 5Figure 1. General Framework of Tiered Approach 9Table 2. Decision Framework for Tier 4a Fatality Monitoring of Species of Concern. 39Table 3. Decision Framework to Guide Studies for Minimizing Impacts to Habitat and Species ofHabitat Fragmentation (HF) Concern. 42v

U.S. Fish and Wildlife Service Land-Based Wind Energy GuidelinesExecutive SummaryAs the Nation shifts to renewableenergy production to supplant theneed for carbon-based fuel, windenergy will be an important sourceof power. As wind energy productionincreases, both developers andwildlife agencies have recognizedthe need for a system to evaluateand address the potential negativeimpacts of wind energy projects onspecies of concern. These voluntaryGuidelines provide a structured,scientific process for addressingwildlife conservation concerns at allstages of land-based wind energydevelopment. They also promoteeffective communication among windenergy developers and federal, state,and local conservation agencies andtribes. When used in concert withappropriate regulatory tools, theGuidelines form the best practicalapproach for conserving speciesof concern. The Guidelines havebeen developed by the InteriorDepartment’s U.S. Fish and WildlifeService (Service) working with theWind Turbine Guidelines AdvisoryCommittee. They replace interimvoluntary guidance published by theService in 2003.The Guidelines discuss variousrisks to “species of concern” fromwind energy projects, includingcollisions with wind turbines andassociated infrastructure; lossand degradation of habitat fromturbines and infrastructure;fragmentation of large habitatblocks into smaller segments thatmay not support sensitive species;displacement and behavioralchanges; and indirect effects suchas increased predator populationsor introduction of invasive plants.The Guidelines assist developersin identifying species of concernthat may potentially be affected bytheir proposed project, includingmigratory birds; bats; bald and1golden eagles and other birds ofprey; prairie and sage grouse;and listed, proposed, or candidateendangered and threatenedspecies. Wind energy developmentin some areas may be precludedby federal law; other areas maybe inappropriate for developmentbecause they have been recognizedas having high wildlife value basedon their ecological rarity andintactness.The Guidelines use a “tieredapproach” for assessing potentialadverse effects to species of concernand their habitats. The tieredapproach is an iterative decisionmaking process for collectinginformation in increasing detail;quantifying the possible risks ofproposed wind energy projectsto species of concern and theirhabitats; and evaluating those risksto make siting, construction, andoperation decisions. During thepre-construction tiers (Tiers 1, 2,and 3), developers are working toidentify, avoid and minimize risks tospecies of concern. During postconstruction tiers (Tiers 4 and 5),developers are assessing whetheractions taken in earlier tiers toavoid and minimize impacts aresuccessfully achieving the goals and,when necessary, taking additionalsteps to compensate for impacts.Subsequent tiers refine and buildupon issues raised and effortsundertaken in previous tiers. Eachtier offers a set of questions to helpthe developer evaluate the potentialrisk associated with developing aproject at the given location.Briefly, the tiers address: Tier 1 – Preliminary siteevaluation (landscape-scalescreening of possible projectsites) Tier 2 – Site characterization(broad characterization of oneor more potential project sites) Tier 3 – Field studies todocument site wildlife andhabitat and predict projectimpacts Tier 4 – Post-constructionstudies to estimate impacts1 Tier 5 – Other postconstruction studies andresearchThe tiered approach provides theopportunity for evaluation anddecision-making at each stage,enabling a developer to abandon orproceed with project development,or to collect additional informationif required. This approach doesnot require that every tier, orevery element within each tier, beimplemented for every project.The Service anticipates that manydistributed or community facilitieswill not need to follow the Guidelinesbeyond Tiers 1 and 2. Instead, thetiered approach allows efficient useof developer and wildlife agencyresources with increasing levels ofeffort.If sufficient data are availableat a particular tier, the followingoutcomes are possible:1. The project proceeds to thenext tier in the developmentprocess without additionaldata collection.2. The project proceeds to thenext tier in the developmentprocess with additional datacollection.3. An action or combinationof actions, such as projectThe Service anticipates these studies will include fatality monitoring as well as studies to evaluate habitat impacts.vi

U.S. Fish and Wildlife Service Land-Based Wind Energy Guidelinesmodification, mitigation,or specific post-constructionmonitoring, is indicated.4. The project site is abandonedbecause the risk is consideredunacceptable.If data are deemed insufficientat a tier, more intensive study isconducted in the subsequent tieruntil sufficient data are availableto make a decision to modify theproject, proceed with the project, orabandon the project.The most important thing adeveloper can do is to consult withthe Service as early as possible inthe development of a wind energyproject. Early consultation offersthe greatest opportunity foravoiding areas where developmentis precluded or where wildlifeimpacts are likely to be highand difficult or costly to remedyor mitigate at a later stage. Byconsulting early, project developerscan also incorporate appropriatewildlife conservation measures andmonitoring into their decisions aboutproject siting, design, and operation.Adherence to the Guidelines isvoluntary and does not relieve anyindividual, company, or agency ofthe responsibility to comply withlaws and regulations. However, ifa violation occurs the Service willconsider a developer’s documentedefforts to communicate withthe Service and adhere to theGuidelines. The Guidelines includea Communications Protocol whichprovides guidance to both developersand Service personnel regardingappropriate communication anddocumentation.The Guidelines also provideBest Management Practices forsite development, construction,retrofitting, repowering, anddecommissioning. For additionalreference, a glossary of terms andlist of literature cited are included inthe appendices.Wind Resource Map. Credit: NRELvii

U.S. Fish and Wildlife Service Land-Based Wind Energy Guidelinesviii

U.S. Fish and Wildlife Service Land-Based Wind Energy GuidelinesChapter 1 - General OverviewThe mission of the U.S. Fish andWildlife Service (Service) is workingwith others to conserve, protect andenhance fish, wildlife, plants andtheir habitats for the continuingbenefit of the American people. Aspart of this, the Service implementsstatutes including the EndangeredSpecies Act, Migratory Bird TreatyAct, and Bald and Golden EagleProtection Act. These statutesprohibit taking of federally listedspecies, migratory birds, and eaglesunless otherwise authorized.(3)Produce potentiallycomparable data across theNation;(4)Mitigate, including avoid,minimize, and compensatefor potential adverse effectson species of concern andtheir habitats; and,(5)Improve the ability topredict and resolve effectslocally, regionally, andnationally.Recent studies have documentedthat wind energy facilities can killbirds and bats. Mortality ratesin fatalities per nameplate MWper year vary among facilities andregions. Studies have indicated thatrelatively low raptor (e.g., hawks,eagles) fatality rates exist at mostmodern wind energy developmentswith the exception of some facilitiesin California and Wyoming. Turbinerelated bat deaths have beenreported at each wind facility todate. Generally, studies in the Westhave reported lower rates of batfatalities than facilities in the East.There is still much uncertaintyregarding geographic distributionand causes of bat fatalities (NWCC2010).As the United States moves toexpand wind energy production,it also must maintain and protectthe Nation’s wildlife and theirhabitats, which wind energyproduction can negatively affect.As with all responsible energydevelopment, wind energy projectsshould adhere to high standardsfor environmental protection. Withproper diligence paid to siting,operations, and management ofprojects, it is possible to mitigatefor adverse effects to wildlife,and their habitats. This is bestaccomplished when the wind energyproject developer communicates asearly as possible with the Serviceand other stakeholders. Suchearly communication allows for thegreatest range of development andmitigation options. The followingwebsite contains contact informationfor the Service Regional and Fieldoffices as well as State wildlifeagencies: http://www.fws.gov/offices/statelinks.html.These Guidelines are intended to:(1)Promote compliancewith relevant wildlife lawsand regulations;(2)Encourage scientificallyrigorous survey, monitoring,assessment, and researchdesigns proportionate to therisk to species of concern;In response to increasing windenergy development in the UnitedStates, the Service released a setof voluntary, interim guidelines forreducing adverse effects to fish andwildlife resources from wind energyprojects for public comment in July2003. After the Service reviewed thepublic comments, the Secretary ofthe Interior (Secretary) establisheda Federal Advisory Committee2 toprovide recommendations to revisethe guidelines related to landbased wind energy facilities. InMarch 2007, the U.S. Departmentof the Interior established theWind Turbine Guidelines AdvisoryCommittee (the Committee).The Committee submitted itsfinal Recommended Guidelines(Recommendations) to the Secretaryon March 4, 2010. The Service usedthe Recommendations to developits Land-Based Wind EnergyGuidelines.The Service encourages projectproponents to use the processdescribed in these voluntary Landbased Wind Energy Guidelines(Guidelines) to address risks tospecies of concern. The Serviceintends that these Guidelines, whenused in concert with the appropriateregulatory tools, will form the bestpractical approach for conservationof species of concern.Statutory AuthoritiesThese Guidelines are not intendednor shall they be construed tolimit or preclude the Service fromexercising its authority under anylaw, statute, or regulation, or fromconducting enforcement actionagainst any individual, company,or agency. They are not meant torelieve any individual, company, oragency of its obligations to complywith any applicable federal, state,2Committee membership, from 2008 to 2011, has included: Taber Allison, Massachusetts Audubon; Dick Anderson, California EnergyCommission; Ed Arnett, Bat Conservation International; Michael Azeka, AES Wind Generation; Thomas Bancroft, National Audubon; KathyBoydston, Texas Parks and Wildlife Department; René Braud, EDP Renewables; Scott Darling, Vermont Fish and Wildlife Department; MichaelDaulton, National Audubon; Aimee Delach, Defenders of Wildlife; Karen Douglas, California Energy Commission; Sam Enfield, MAP Royalty;Greg Hueckel, Washington Department of Fish and Wildlife; Jeri Lawrence, Blackfeet Nation; Steve Lindenberg, U.S. Department of Energy;Andy Linehan, Iberdrola Renewables; Rob Manes, The Nature Conservancy, Kansas; Winifred Perkins, NextEra Energy Resources; StevenQuarles, Crowell & Moring; Rich Rayhill, Ridgeline Energy; Robert Robel, Kansas State University; Keith Sexson, Association of Fish andWildlife Agencies; Mark Sinclair, Clean Energy States Alliance; David Stout, U.S. Fish and Wildlife Service; Patrick Traylor, Hogan Lovells.1

U.S. Fish and Wildlife Service Land-Based Wind Energy Guidelinestribal, or local laws, statutes, orregulations. The Guidelines do notprevent the Service from referringviolations of law for enforcementwhen a company has not followed theGuidelines.Ultimately it is the responsibilityof those involved with the planning,design, construction, operation,maintenance, and decommissioningof wind projects to conduct relevantwildlife and habitat evaluation anddetermine, which, if any, speciesmay be affected. The results ofthese analyses will inform all effortsto achieve compliance with theappropriate jurisdictional statutes.Project proponents are responsiblefor complying with applicable stateand local laws.Migratory Bird Treaty ActThe Migratory Bird Treaty Act(MBTA) is the cornerstone ofmigratory bird conservation andprotection in the United States. TheMBTA implements four treaties thatprovide for international protectionof migratory birds. It is a strictliability statute, meaning that proofof intent, knowledge, or negligenceis not an element of an MBTAviolation. The statute’s languageis clear that actions resulting in a“taking” or possession (permanentor temporary) of a protected sp

U.S. Fish and Wildlife Service Land-Based Wind Energy Guidelines 1 Chapter 1 - General Overview The mission of the U.S. Fish and Wildlife Service (Service) is working with others to conserve, protect and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. As part of this, the Service implements

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