http://cnsnews.com/news/article/barbara-hollingsworth/california-wind-farm-seeking-first-permit-kill-protected-golden


California Wind Farm Seeking First Permit to Kill Protected Golden Eagles

*November 7, 2013 - 4:37 PM *
*------------------------------*

*By Barbara Hollingsworth <http://cnsnews.com/source/barbara-hollingsworth>*

*Subscribe to Barbara Hollingsworth <http://cnsnews.com/source/684617/feed>
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[image: golden eagle] <http://cnsnews.com/image/golden-eagle>

Golden eagle (AP)

(*CNSNews.com*) – A wind farm in the Montezuma Hills region of Northern
California is seeking a permit to legally kill up to five golden eagles
over the next five years even though the raptors are currently protected
under federal law and an international migratory bird treaty.

Noting that “the project contributes to California’s Renewable Energy
Portfolio Standard goals,” the U.S. Fish & Wildlife Service (FWS) has
recommended a five-year permit with additional mitigation and monitoring
efforts, including the purchase of “conservation credits in an approved
mitigation bank.”

Due to the government shutdown last month, the public
comment<https://www.federalregister.gov/articles/2013/09/27/2013-23732/golden-eagles-programmatic-take-permit-application-draft-environmental-assessment-shiloh-iv>period
on the permit has been extended to Nov. 12th.

If approved, the 3,500-acre Shiloh IV Wind Project in Solano County, which
is owned by EDF Renewable Energy,
<http://www.edf-re.com/projects/list/>would receive the nation’s first
“eagle take permit” allowing the project’s
50 two-megawatt wind turbines to legally kill the birds of prey without
penalty. An estimated 315 birds and 258 bats will be killed by each turbine
per year, according to the project’s Draft Environmental Assessment (DEA).
(See Shiloh 
DEA.pdf<http://cnsnews.com/sites/default/files/documents/Shiloh%20DEA_0.pdf>
)

Earlier this year, a similar wind farm in Nevada faced a $200,000
fine<http://energyblog.nationalgeographic.com/2013/04/03/wind-farm-faces-fine-over-golden-eagles-death/>for
killing a single golden eagle without a take permit.

The Migratory Birds Treaty and the Bald & Golden Eagle Protection
Act<http://www.gpo.gov/fdsys/pkg/USCODE-2012-title16/html/USCODE-2012-title16-chap5A-subchapII-sec668.htm>forbid
the killing of even one of the estimated 527 golden eagles that live
within 140 miles of the project area. “Wind facilities are believed to be
one of the currently leading causes of mortality,” according to the DEA.

According to a new FWS study published in September in the Journal of
Raptor Research, eagle deaths have spiked in recent years, with wind farms
killing “at least 85 eagles” in 10 states between 1997 and 2012.

Seventy-nine of the  fatalities were golden eagles who inadvertently flew
into spinning  turbine blades. One was electrocuted by a high-power line.

However, the study, which “excluded 17 eagle deaths for which there was
‘not enough evidence’,” warned that due to the lack of monitoring and
voluntary reporting by wind-energy companies, that figure “substantially
underestimates” total eagle mortality from wind turbines.

The DEA determined that nesting adult eagles and their offspring found
within 10 miles of the wind farm “are at risk from project operations.”
Although EDF replaced 230 of its 1980s –era wind turbines with 50 newer
ones, FWS noted that the risk to eagles has actually “increased because of
the larger size of the turbine blades.”

Golden eagles, one of the largest raptors in North America, are
particularly vulnerable to wind turbines because they tend to look down for
prey while they are in flight.

A recent FWS 
estimate<http://www.fws.gov/migratorybirds/NewReportsPublications/FactSheets/Golden_Eagle_Status_Fact_Sheet%5b1%5d.pdf>put
the total population of golden eagles at 20,722. A 2009 analysis of
the
golden eagle populations in the Shiloh IV area found that it “might not be
able to sustain any additional unmitigated mortality, and set the
thresholds for this species at zero,”and any authorized killing must be
offset by “compensatory mitigation” efforts.

EDF Renewable Energy, which has a number of wind, solar and biomass
projects throughout the country, signed a purchase
agreement<http://www.edf-re.com/projects/detail/shiloh_iv/>with
Pacific Gas & Electric Company (PG&E) to provide wind-powered
electricity to the utility over the next 25 years. A mandate passed by the
California legislature requires that 33 percent of the state’s electricity
comes from renewable sources by 2020.

The American Recovery and Reinvestment Act of 2009 and the American
Taxpayer Relief Act of 2012 allow a 2.3-cent per-kilowatt-hour tax
credit<http://dsireusa.org/incentives/incentive.cfm?Incentive_Code=US13F>for
wind projects such as Shiloh IV. According to the DOE, the federal
government spent $9.7 billion on 24,711 renewable energy projects, with 79
percent going to wind energy projects.




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