Migratory Bird Treaty Act - Programmatic Environmental Impact Statement

They are proposing to create:
 
Incidental take authorization program (general permits, individual permits, interagency MOU) to provide a framework to reduce existing human-caused mortality of birds and help avoid future impacts through avoidance and minimization.
o   Initially do not intend to seek permits from every person or business that may incidentally take migratory birds, target for permitting are those industries and activities that involve significant avian mortality and for which reasonable and effective measures to avoid or minimize take exist.
o   Develop General Conditional Authorizations for Industry Sectors
o   Develop Individual Permitting Tool for projects or activities not covered by a conditional authorization
o   Develop MOU with Federal Agencies
 
Develop rulemaking to encourage conservation measures to avoid and reduce avian mortality (technology and best management practices) that are industry specific (see current Service guidances)
o   Seeking industry sectors looking to develop voluntary guidance
o   Consider developing a general conditional authorization for incidental take associated with particular industry sectors
§  Oil, gas, and wastewater disposal pits
§  Methane or other gas burner pipes at oil production sites and other locations
§  Communication towers
§  Electric transmission distribution lines
§  Wind energy
 
Develop a compensatory mitigation program ( on a watershed or landscape basis) for bird mortality that cannot be avoided or minimized by BMPs.

Target funding for habitat replacement, restoration, or acquisition.

Enforcement would be initiated against those industries that chronically kill birds.

NEPA requirements:
o   Potential environmental impacts of a range of reasonable alternative for regulating and authorizing incidental take
o   Effectiveness of BMP or measure to mitigate take of migratory birds under the MBRTA and adverse impacts to migratory bird resources
o   The potential for environmental impacts to non –bird resources, such as cultural resource, from measures to protect birds
o   The effect on migratory bird populations of sources of mortality other than incidental take
o   The effects on migratory bird populations of impacts to migratory bird habitat, including, but not limited to, climate change.
 
Public Scoping Open Houses are scheduled as follows:
 
June 16, 2015, 6 p.m. - 9 p.m. at Courtyard Sacramento, CalExpo, Sacramento, CA
June 18, 2015,  5 p.m. – 8 p.m. at Holiday Inn Denver, CO  East-Stapleton
June 30, 2015, 5 p.m. – 8 p.m. at Sheraton Westport Chalet, St. Louis, MO
July 2, 2015, 2 p.m. – 5 p.m. at Holiday Inn Arlington, VA