Call to Action - Public Comment For the Eagles

Please write via the link or to the address below. This is important. Please rally everyone.

Eagle Take Rule Hearing in Washington D.C. August 7 – Public Comment Period Open until Sept. 22
 
The U.S. Fish and Wildlife Service’s (FWS) will hold a series of public scoping meetings on the 30-year eagle take rule (http://eaglescoping.org/).  The current rule, which allows the FWS to issue 30-year permits for wind energy and other energy projects (e.g., oil and gas) to kill eagles for up to 30-years without prosecution, has been challenged in court by American Bird Conservancy. 
 
ABC would like to encourage conservation organizations and individuals to get involved in this process by writing comment letters and attending and testifying at the meetings, which will occur:
 
 
 
Written comments can be submitted on or before September 22 electronically via Regulations.gov,http://www.regulations.gov/#!submitComment;D=FWS-R9-MB-2011-0094-0491, or via hardcopy by mail or hand delivery to:
 
Public Comments Processing
Attn: FWS-R9-MB-2011-0094
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, MS 2042-PDM
Arlington, VA 22203
 
ABC is happy that a public scoping process is finally occurring, even if it is a case of too little, too late.  Since eagles are public trust resources and very important to the American people, it is appropriate that such a process should take place, although NEPA requires that this process should have occurred before the rule was issued, not after. NEPA also requires a detailed analysis of the potential impact of 30-year permits on eagle populations, which is not part of the public scoping process. 
 
ABC has the following issues with this rule:
 
Problems with USFWS’s Proposed Rule Change to 30-Year Eagle Take Permits. In April 2012, U.S. Fish and Wildlife Service (FWS) proposed to change the maximum length of programmatic eagle take permits from the current five years to 30 years, at the request of the wind energy industry. The five-year renewal allowed the Federal Government to not renew the permit if there was good reason not to. The public was also allowed to take part in the renewal process.  However, the revised rule would allow FWS to issue permits good for as long as 30 years. By eliminating the renewal process, and replacing it with an “internal review”, FWS may have also restricted the potential for public oversight of the process. This is troubling for several reasons:
 
(1)   The proposed change contradicts what FWS said in the 2009 eagle take permit rule about the need for short permits:
“[T]he rule limits permit tenure to five years or less because factors may change over a longer period of time such that a take authorized much earlier would later be incompatible with the preservation of the bald eagle or the golden eagle.”i  The 2009 rule requires that eagle take permits be compatible with the preservation of eagles. The new, far weaker, eagle protection rule was drafted at the request of the wind energy industry, and represents a curious reversal of a FWS decision in 2009. At that time the USFWS wrote, “…the rule limits permit tenure to five years or less because factors may change over a longer period of time such that a take authorized much earlier would later be incompatible with the preservation of the bald eagle or the golden eagle.”
 
(2)   The proposed rule change was illegally exempted from environmental review required by the National Environmental Policy Act.
FWS did not conduct any environmental review for the proposed rule change under the National Environmental Policy Act (NEPA), instead using a categorical exclusion to illegally exempt the rule change. This illegal exemption was pointed out in the comment letters of many environmental organizations and in meetings national environmental organizations held with the Administration. Exempting a rule change sought by the wind industry from NEPA is an example of a privilege the wind industry receives that other infrastructure and energy sectors do not.
 
(3)   FWS is relaxing regulations at the wind industry’s request before there are any measures proven to reduce eagle deaths at wind farms.
According to the FWS’s own 2013 guidance for the eagle take permit rule, “there are currently no available scientifically supportable measures that will reduce eagle disturbance and blade-strike mortality at wind projects.”ii  Moreover, all models used to predict how many eagles will die at wind farms are theoretical and unproven. They have incorrectly predicted risk to eagles in the past. For instance, the Pine Tree wind project in California, which was predicted incorrectly to be low risk, now has a higher eagles-killed-per-turbine rate than the notorious eagle-killing wind turbines in Altamont Pass.iii
 
(4)   FWS cannot meet the requirements of the 2009 eagle take permit rule if allows 30-year eagle take permits.
When FWS published the eagle take permit rule in 2009, it stated, “the Eagle Act requires the Secretary of the Interior to determine that take will be compatible with the preservation of eagles before he or she may authorize the take. To permit take without sufficient data to show that it will not result in a decline in the eagle population would violate the statutory mandate.”iv   But FWS does not know how many eagles there are now throughout the United States, much less how many eagles there will be in 30 years. There are no national Golden Eagle or Bald Eagle population surveys. However, a 2012 peer-reviewed article with 26 co-authors stated the Golden Eagle population in North America is declining.v  While Bald Eagle numbers are believed to be increasing, annual surveys by many states were discontinued around the year 2000.vi  In contrast, the FWS conducts annual surveys of much-more-abundant waterfowl populations and uses that data to help set annual hunting take limits.vii
 
(5)   Many factors that affect eagles and eagle populations will vary significantly over a 30-year period, and FWS’s ability to predict and plan for those changes is highly limited.viii
These changes include habitat loss due to development, increasing frequency and intensity of wildfires, variability in prey abundance, cumulative impacts of wind energy and other development in North American eagle areas, and climate change.
 
(6)   American Indians sought government-to-government consultation regarding the proposed rule change, but it did not take place, even though FWS made a binding commitment to tribal consultation in the 2009 Eagle Take Permit Rule’s Finding of No Significant Impact.
In 2012, the Intertribal Council of Arizona, which represents 20 tribes, sent letters to the Director of FWS and the Secretary of the Interior requesting immediate government-to-government consultation about the proposed rule change, but their attorney has stated that the requested tribal consultation never took place. This raises significant legal issues.ix   The National Congress of American Indians is also concerned about the lack of tribal consultation.x

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Comment by Martha thacker on August 3, 2014 at 12:20pm

Penny...I think the migratory birds is obvious, they knew birds would be killed. ...i have seen migratory bird pathways in at least one SEC report...which is even worse to me. Guess SEC reports are one place First Wind has to be somewhat honest. I go to cohoctonwindwatch in their archives. That site used to post First Wind SEC reports at the top of their page and pick a year. That site is also where I saw that Cohocton wind farm in NY was not on the grid and not expected to be until 2011. 2011 was the year that the wind farms in ME were supposed to be able to access the grid. Something evidently fell through. Probably public back lash and money.

Comment by Jim Wiegand on August 3, 2014 at 12:20pm

Local wind farm interested in permit allowing unintentional eagle kills

http://www.cadillacnews.com/news_story/?story_id=1820239&year=2...

 

 

 

In this  article from Michigan wind industry shill and Project Manager Rick Wilson made this statement about eagles........."Golden eagles tend to hunt ground animals and may be at higher risk of being involved in a collision because they are watching the ground for rodents", and  "Bald eagles tend to be more  skilled at avoiding hitting the turbines, probably because they have excellent eyesight and are known for being agile".

 

The quotes from Project Manager Rick Wilson about golden eagles and bald eagles are pure nonsense and deceptive.  Bald eagles are not more agile than Golden eagles. Thousands bald eagles have been sent to the National Eagle Repository after being picked up in the vicinity of wind farms. In addition bald eagles are scavengers are attracted to turbines looking for a meal. They are also kept very busy looking at the ground around turbines for birds that have been already killed by turbines or grounded. All while dodging 200 mph slashing blades.

 

Nothing about this corrupt industry is unintentional including the cover-up of thousands of eagles killed by wind turbines.                                                                                             

 

 

 

 

Comment by Penny Gray on August 3, 2014 at 10:57am

Wow, pretty blatant wording on FW's part: They don't like the current laws because they know they are breaking them and killing migratory birds and raptors.  So, please change these laws for the wind industry so we can kill, kill, kill with impunity for at least the next 30 years.

And so we change the laws for them?  Shame on us. Thanks for posting that, Martha Thacker.

Comment by Mike DiCenso on August 2, 2014 at 8:44pm

That is what they said. What they meant was, they will bribe coerce and scream until they get any laws changed which do not fit into their master plan of covering Maine with turbines no other state will tolerate.

Comment by Martha thacker on August 2, 2014 at 10:30am

 This is from First Wind's 2009 SEC filing under risk factors "If we do not comply with applicable laws, regulations or permit requirements, we may be required to pay penalties or fines or curtail or cease operations of the affected projects. Violations of environmental and other laws, regulations and permit requirements, including certain violations of laws protecting migratory birds and endangered species, may also result in criminal sanctions or injunctions.

        Environmental, health and safety laws, regulations and permit requirements may change or become more stringent. Any such changes could require us to incur materially higher costs than we currently have. Our costs of complying with current and future environmental, health and safety laws, regulations and permit requirements, and any liabilities, fines or other sanctions resulting from violations of them, could adversely affect our business, financial condition and results of operations."

'.



Read more: http://www.getfilings.com/sec-filings/091222/First-Wind-Holdings-In...

Comment by Mike DiCenso on July 31, 2014 at 10:04pm
Ditto!!
Comment by Jim Wiegand on July 31, 2014 at 4:36pm

The wind industry's 30 year eagle killing permit would be such a travesty if passed.  But there is bright side to all. The industry is desperate and this latest slimy move may have finally crossed an important line with the public.  I think it will be the ticket to beating these crooks because there are thousands of dead eagles that have been sent to the Repository that wind industry and Interior department cannot account for unless they lie (easily to prove), withhold vital information, or come clean and admit it. With any of these three scenarios, they are busted in the court of public opinion.

Comment by Donna Amrita Davidge on July 31, 2014 at 4:20pm

DONE!!!!!!!!!

Comment by Jim Wiegand on July 31, 2014 at 3:25pm

No industry on this planet comes close to slaughtering eagles like the wind industry does.  The public hasn't heard about it because the Interior Department is withholding the cause of death to at least 28,600 eagles sent to the National Repository in Denver since 1997.  I also recently found out that the Interior Department does admit that the vague term "bird strike" is one of the primary causes of death to these eagles. Bird strike by turbine blades is a much more accurate term.

From The National Eagle Repository web site...............

"Please note: The Repository does maintain a limited supply of shippingm boxes for those in need of shipping containers. These boxes are designed to hold 4-5 eagles. If shipping less, we recommend the use of an adequate small box or ice chest. The Repository is happy to provide a prepaid shipping label via email."

Who would ever need a box that will hold 5 eagle carcasses? Who would ever find that many freshly killed eagles in decent enough condition?

I will tell you where such a place exists, a place where dead eagles are regularly found and stored in freezers. At wind farms that were built in eagle habitat.

The information about the large carcass storage containers is a public message that is really meant for the wind industry, the primary supplier of dead eagles for the Repository. One of these storage containers could also hold about 15-18 red tailed hawks and other raptors slaughtered by turbines. The FWS has a system of collection and distribution for raptors as well.

Wind turbines located in eagle habitat have been proven to be the number one killer of eagles. Since 1997 the National Eagle Repository has received approximately 28,600 eagle carcasses. The wind industry and the Interior Department have only disclosed to the public the fate of 85 of these eagles.

There are growing numbers of people sick of this fraud being perpetrated on the public. They want the kind of information that a FWS agent from The Office of Law Enforcement should want.

This is why a group has formed to get verifiable information about these dead eagles. They want shipping records, exact numbers of eagle part and bodies received, exact orders of eagle parts and bodies filled by the repository, the locations these carcasses were found, the people or business names that sent these dead eagles to the Repository, the people names that found the carcasses, the condition when received along with other very important information.

With this information it will be a proven fact that thousands of bald and golden eagles have been killed by wind turbines or were found in the vicinity of wind turbines.

Without this information it will be a proven fact that the Interior Department is withholding information of the fate of over 28,000 eagles, including thousands that were shipped from the regions of wind farms. Keep in mind not all the eagles received by the Repository were killed by wind turbines and many eagles killed (failed nests,wanderers, etc. )by wind turbines are never found.

There should be no decisions EVER on these 30 year eagle killing permits for the industry unless the cause of death to the 28,600 eagle can be verified. This will take at least two years.  For more on this subject read the three part series "Voice of Dead Eagles".

Comment by Penny Gray on July 31, 2014 at 2:53pm

Done.

U.S. Sen Angus King

THE UNTOLD STORY OF RECORD HILL WIND

The Untold Story of Record Hill Wind, continued

 

Maine as Third World Country:

CMP Transmission Rate Skyrockets 19.6% Due to Wind Power

 

Click here to read how the Maine ratepayer has been sold down the river by the Angus King cabal.

Maine Center For Public Interest Reporting – Three Part Series: A CRITICAL LOOK AT MAINE’S WIND ACT

******** IF LINKS BELOW DON'T WORK, GOOGLE THEM*********

(excerpts) From Part 1 – On Maine’s Wind Law “Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine if the law’s goals were met." . – Maine Center for Public Interest Reporting, August 2010 https://www.pinetreewatchdog.org/wind-power-bandwagon-hits-bumps-in-the-road-3/From Part 2 – On Wind and Oil Yet using wind energy doesn’t lower dependence on imported foreign oil. That’s because the majority of imported oil in Maine is used for heating and transportation. And switching our dependence from foreign oil to Maine-produced electricity isn’t likely to happen very soon, says Bartlett. “Right now, people can’t switch to electric cars and heating – if they did, we’d be in trouble.” So was one of the fundamental premises of the task force false, or at least misleading?" https://www.pinetreewatchdog.org/wind-swept-task-force-set-the-rules/From Part 3 – On Wind-Required New Transmission Lines Finally, the building of enormous, high-voltage transmission lines that the regional electricity system operator says are required to move substantial amounts of wind power to markets south of Maine was never even discussed by the task force – an omission that Mills said will come to haunt the state.“If you try to put 2,500 or 3,000 megawatts in northern or eastern Maine – oh, my god, try to build the transmission!” said Mills. “It’s not just the towers, it’s the lines – that’s when I begin to think that the goal is a little farfetched.” https://www.pinetreewatchdog.org/flaws-in-bill-like-skating-with-dull-skates/

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Hannah Pingree on the Maine expedited wind law

Hannah Pingree - Director of Maine's Office of Innovation and the Future

"Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine."

https://pinetreewatch.org/wind-power-bandwagon-hits-bumps-in-the-road-3/

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