4/10/13 DEPARTMENT OF THE INTERIOR Mail - Fwd: 8-pager

https://mail.google.com/mail/u/0/?ui=2&ik=3f7f546f26&view=pt&as_from=Brian_A_Millsap%40fws.gov%2C&as_to=David_Cottingham%40fws.gov%2C&as_sub 1/1
Millsap, Brian <brian_a_millsap@fws.gov>
Fwd: 8-pager
1 message
Brian Millsap <brian_a_millsap@fws.gov> Tue, Mar 26, 2013 at 1:26 PM
To: David Cottingham <David_Cottingham@fws.gov>
Cc: Mike Johnson <Mike_J_Johnson@fws.gov>
Here is the final Word version I have in my files.
Sent from my iPhone
Begin forwarded message:
From: "Millsap, Brian" <brian_a_millsap@fws.gov>
To: Mike Johnson <Mike_J_Johnson@fws.gov>
Subject: 8-pager
--
Brian A. Millsap
National Raptor Coordinator
Division of Migratory Bird Management
U.S. Fish and Wildlife Service
2105 Osuna NE
Albuquerque, NM 87113
brian_a_millsap@fws.gov
505-761-4724 (Office)
505-559-3963 (cell)
Eagle Conservation and Wind Development.docx
654K
4/10/13 DEPARTMENT OF THE INTERIOR Mail - Re: Draft Briefing paper for David Hayes / tomorrow' s meeting
https://mail.google.com/mail/u/0/?ui=2&ik=3f7f546f26&view=pt&as_from=Brian_A_Millsap%40fws.gov%2C&as_to=David_Cottingham%40fws.gov%2C&as_sub 2/3
I noticed you
If we are not handing this out, I'm not sure why we wouldn't
make this point so the Deputy Secretary and Director are aware if/when the question comes
up about what the appropriate permit would be. Both times that I explored this with the
solicitors they advised
Moreover, industry's idea that they could do this work under a
I just think those leading the meeting
should be aware of this background, not that they need to disclose it.
Brian
On Tue, Mar 26, 2013 at 10:07 AM, Cottingham, David <david_cottingham@fws.gov> wrote:
all --
I've done a major cut and paste and added some introductory materials
necessary for a briefing memo. I tried to stay consistent with the original
themes. At this point, I don't think we would hand anything out at the
meeting. Let me know you thoughts.
DC
On Tue, Mar 26, 2013 at 10:48 AM, Johnson, Mike <mike_j_johnson@fws.gov> wrote:
David and Brian,
Please take a look at the attached paper and let me know what you think.
Thanks,
Mike
Michael J. Johnson
Deputy Assistant Director
Migratory Bird Program
4401 N. Fairfax Drive, MS 4107
Arlington, VA 22203
703-358-1893
mike_j_johnson@fws.gov
--
David Cottingham
Senior Advisor to the Director
US Fish and Wildlife Service
Room 3341 Main Interior
Washington DC 20240
Office: 202-208-4331
Cell: 202-372-7578
(b) (5)
(b) (5)
(b) (5)
4/10/13 DEPARTMENT OF THE INTERIOR Mail - Re: Draft Briefing paper for David Hayes / tomorrow' s meeting
https://mail.google.com/mail/u/0/?ui=2&ik=3f7f546f26&view=pt&as_from=Brian_A_Millsap%40fws.gov%2C&as_to=David_Cottingham%40fws.gov%2C&as_sub 3/3
--
Brian A. Millsap
National Raptor Coordinator
Division of Migratory Bird Management
U.S. Fish and Wildlife Service
2105 Osuna NE
Albuquerque, NM 87113
brian_a_millsap@fws.gov
505-761-4724 (Office)
505-559-3963 (cell)
--
David Cottingham
Senior Advisor to the Director
US Fish and Wildlife Service
Room 3341 Main Interior
Washington DC 20240
Office: 202-208-4331
Cell: 202-372-7578
--
Brian A. Millsap
National Raptor Coordinator
Division of Migratory Bird Management
U.S. Fish and Wildlife Service
2105 Osuna NE
Albuquerque, NM 87113
brian_a_millsap@fws.gov
505-761-4724 (Office)
505-559-3963 (cell)
--
David Cottingham
Senior Advisor to the Director
US Fish and Wildlife Service
Room 3341 Main Interior
Washington DC 20240
Office: 202-208-4331
Cell: 202-372-7578
4/10/13 DEPARTMENT OF THE INTERIOR Mail - Re: Eagles -- next steps
https://mail.google.com/mail/u/0/?ui=2&ik=3f7f546f26&view=pt&as_from=Brian_A_Millsap%40fws.gov%2C&as_to=David_Cottingham%40fws.gov%2C&as_sub 1/2
Millsap, Brian <brian_a_millsap@fws.gov>
Re: Eagles -- next steps
1 message
Millsap, Brian <brian_a_millsap@fws.gov> Mon, Mar 25, 2013 at 5:15 PM
To: "Cottingham, David" <david_cottingham@fws.gov>
David, I did not get this original email but did work on parts of this assignment. I talked to Mike and passed
along the work I did on this. I'm waiting to hear back from him as to what is needed from me to wrap this up.
Brian
On Mon, Mar 25, 2013 at 1:40 PM, Cottingham, David <david_cottingham@fws.gov> wrote:
this is what I was talking about. Whatever became of this?
DC
On Mon, Mar 18, 2013 at 2:27 PM, Ford, Jerome <jerome_ford@fws.gov> wrote:
Team,
I am checking in to see if you have given any thought to David's email below asking for pertinent attendees
to discuss the Department's way forward relative to eagles. At a minimum, I suspect those of that attended
Friday's meeting are expected to attend the upcoming meeting as well. In order to give you all something to
react to, I am proposing an afternoon meeting on Wednesday or Thursday. If you have an alternate time,
then please provide for consideration.
Brian and I are working feverishly to articulate the concepts and thoughts of the Deputy Secretary:
-
-
-
-
Our plans are to have a draft to you for your review sometime tomorrow.
Please check the availability of your managers and provide their availability to me at your earliest
convenience.
Thanks.
Jerome
On Fri, Mar 15, 2013 at 4:43 PM, Cottingham, David <david_cottingham@fws.gov> wrote:
All --
Jerome and I spoke w/ Julie and John and delivered our message on process and
(b) (5)
4/10/13 DEPARTMENT OF THE INTERIOR Mail - Re: Eagles -- next steps
https://mail.google.com/mail/u/0/?ui=2&ik=3f7f546f26&view=pt&as_from=Brian_A_Millsap%40fws.gov%2C&as_to=David_Cottingham%40fws.gov%2C&as_sub 2/2
substance as best we could. Neither was particularly happy. Both reiterated concerns
we've heard about the 30-yr rule and workability of the permit process
We told them we'd get an invitation to them early next week as soon as we could
coordinate schedules. Jerome said he will touch base with them on Monday to let
them know status of the meeting.
Please let Jerome know when the right people have coordinated schedules of people
who should attend.
thanks
David
--
David Cottingham
Senior Advisor to the Director
US Fish and Wildlife Service
Room 3341 Main Interior
Washington DC 20240
Office: 202-208-4331
Cell: 202-372-7578
--
David Cottingham
Senior Advisor to the Director
US Fish and Wildlife Service
Room 3341 Main Interior
Washington DC 20240
Office: 202-208-4331
Cell: 202-372-7578
--
Brian A. Millsap
National Raptor Coordinator
Division of Migratory Bird Management
U.S. Fish and Wildlife Service
2105 Osuna NE
Albuquerque, NM 87113
brian_a_millsap@fws.gov
505-761-4724 (Office)
505-559-3963 (cell)
!"#$% '$"(

"#$% ! &' "




Figure 1. Conceptual diagram of the long-range plan for addressing concerns with the Eagle Take Rule relative to
programmatic take permits for wind. The Service plans to develop an expanded Eagle Take Rule in 2014 (final in
2015) that builds on learning under adaptive management from initial permits under the 2009 Eagle Take Rule and
ongoing USGS Service science initiatives.

Current Status of Eagle Products

ECPG. The ECPG outlines a process for data collection and analysis in five sequential stages:
Stage 1 - site assessment; Stage 2 site-specific surveys; Stage 3 predicting eagle fatalities;
Stage 4 application of avoidance, minimization, and mitigation measures; and Stage 5 post-
construction monitoring. A draft of ECPGv2 was completed in December 2011 and is in review
in the Department at this time. This draft incorporates significant changes to ECPGv1 in
response to the public and peer-review comments. Major features of the ECPGv2 include: (1)
use of a Bayesian modeling framework for predicting fatality rates at planned projects to
facilitate adaptive management; (2) incorporation of an EMT policy recommendation of using
the upper 80% confidence interval of the fatality prediction to hedge against underestimation of
eagle fatalities at wind projects; (3) adoption of a plan for crediting permittees for excess
mitigation if the predicted eagle fatality rate is demonstrated to be high by post-construction
monitoring; (4) articulation of a recommended approach for eagle cumulative effects analysis at
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two population scales (eagle management unit and local-area population) and suggested safe
cumulative-take rates; (5) use of operational adjustments within pre-established cost-caps to test
experimental advanced conservation measures at wind facilities permitted to take eagles if eagle
take is confirmed; and (6) providing metrics for quantifying risk of a project to eagles relative to
the need for, and likelihood of qualifying for, a programmatic eagle take permit. The timeline
for completion of the ECPGv2 in relation to other products is shown in Figure 2.



Figure 2. Major eagle products and timelines.

Adaptive Management. Programmatic eagle permitting is being undertaken in a formal
adaptive management framework so that the considerable uncertainty at many stages of the
process can be reduced over time. In the context of wind energy development and eagle
management under the ECPG, there are four specific sets of decisions that are suitable for an
adaptive management approach: (1) adaptive management of wind project operations; (2)
adaptive management of wind project siting and design recommendations; (3) adaptive
management of compensatory mitigation; and (4) adaptive management of population-level take
thresholds. Steps 1, 2 and 3 will be conducted using data collected from wind projects operating
under programmatic eagle take permits, and learning is expected to occur from data pooled
across many projects. Step 4 will be difficult to accomplish directly given the precision of
current eagle population monitoring, but demographic models informed by products of several of
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the science projects described later should permit indirect assessment of the sustainability of take
thresholds.

Science. The Service and USGS have partnered together on eight science initiatives designed to
improve knowledge of golden eagle population biology, improve eagle survey and population
monitoring capabilities overall, and to frame the adaptive management process for eagle take
permits. These projects were developed to address the most critical information gaps identified
by the Service, USGS , and state agency partners at a golden eagle science meeting held in 2010.
Projects are being undertaken jointly by USGS and the Service, and in some cases involve
external partners as well. These specific projects are:

1. GOEA monitoring strategy - develop a Comprehensive Survey and Monitoring Plan to
Manage Golden Eagles. This project will provide important information on effective
protocols for surveying golden eagle populations at prospective wind project sites to
improve the accuracy of risk predictions for a proposed wind project to golden eagles.

2. GOEA occurrence prediction - model predictions of the occurrence of golden eagles in
the western USA to help the USFWS identify important geographic areas and habitats for
golden eagles during the breeding and non-breeding seasons. This project will provide
data on winter occurrence and distribution of golden eagles in the western United States
to aid the Service and wind project developers in better categorizing potential projects
according to eagle risk early in the planning process.

3. Post-construction fatality estimation - development of super-population approach to
estimating cumulative mortality from carcass surveys accounting for carcass removal,
and non-detection, given presence. Efforts here are intended to result in a methodology
to meet statistical objectives of post-construction fatality estimates for eagles at operating
wind facilities.

4. Occupancy modeling - late summer occupancy modeling. This work is a companion
effort with science project 2 above to provide tools for predicting relative summer use of
an area by golden eagles.

5. Adaptive management framework - development of an adaptive management framework
for wind energy permitting with regard to take of bald and golden eagles. The aim of
this project is to develop the formal analytical structure of the adaptive management
process. Project elements include: (1) development of fatality prediction models, (2)
construction of an improved model for estimating sustainable eagle take rates, (3)
specifying a process for using post-construction data collected under science project 3 to
update the fatality predictions for individual projects with real data; and (4) specifying a
process for using post-construction data collected under science project 3 to improve the
predicative capability of the pre-construction fatality prediction model for future wind
projects.

6. GOEA status review - golden eagle population trends in the western United States:
1968-2010. This analysis uses hierarchical statistical models to analyze summer golden
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The ECPG is the cornerstone for implementation of the plan in the near-term. As such, many of
the science projects are specifically intended to better inform decisions in the various stages of
the ECPG or in the adaptive management process (Figure 3). Many of these products will also
help identify, and later support, important changes to the regulations. For example, one area

Figure 3. Primary relationships between science products under development by USGS and the Service, and the
ECPG.

where the 2009 Eagle Take Rule is lacking with respect to wind programmatic take permits is
specificity with regard to monitoring protocols; the adaptive management process requires some
level of standardization in approach. The golden eagle monitoring strategy and adaptive
management framework projects will provide important information for the development of
sound monitoring protocols that might be incorporated into the future rule revision. Other
science products will provide immediate benefits to Service staff and wind developers who use
the ECPG. For example, the occurrence prediction modeling project will create tools that should
help better categorize the risk of wind projects to eagles in Stage 1 of the ECPG process. This
could reduce costs of Stage 2 field surveys for wind project developers and better steer wind
development away from important eagle use areas.

The eagle conservation plans will also depend heavily on science products. In particular the
golden eagle status, natal dispersal, and occurrence prediction projects will provide important
information relevant to evaluating population trends, setting and calibrating take thresholds, and
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establishing the effect-area for local-area population analyses. These science products will also
form the underlying basis for other scientific endeavors in the future, such as designing more
cost-effective population monitoring protocols for both species of eagle to help assess non-
breeding winter populations and to inform the adaptive management objective of evaluating the
sustainability of take thresholds.

Finally, all of the above will provide a substantial and solid basis for the eventual 2009 Eagle
Permit Rule revision and associated NEPA analysis. The anticipation of having a solid scientific
basis for the substantive rule revision played heavily into the EMTs recommendation to
postpone that revision in 2010. The practical benefits of this strategy are apparent when
considering the public comments submitted in response to the proposed tenure rule. Many of the
comments challenge extending the tenure of eagle take permits in the face of current uncertainty,
and without a proven adaptive management framework. Such comments are difficult to address
today, but would not be as problematic in 2014.

The Service, USGS, and other partners have mobilized rapidly to seek out the right balance
between the dual national objectives of developing renewable wind energy resources and
protecting bald and golden eagles. To some, the response has not been swift, balanced, or
effective enough. However, the issues are biologically and legally complex, collecting the
needed information takes time, and the costs of errors are not insignificant. Eagles are long-
lived, slow reproducing birds, and excessive mortality, especially of adults, can have dramatic
and long-lasting population consequences. For the responsible wind developer, errors in
assessing risk can mean a project that takes eagles and therefore requires an eagle take permit
faces loss of that permit, either through rescission because of unexpected incompatibility with
the preservation standard of the Act or third-party legal action. The strategy outlined here is the
Services and USGSs best effort to make sure neither of these outcomes occur.














































































































































































































































































































































































































From: John Anderson
To: Ford, Jerome
Cc: JFALKNER@defenders.org; Cottingham, David; Bigby, Delores; Johnson, Mike J; Bortner, Brad
Subject: Re: next steps
Date: Thursday, October 18, 2012 2:28:35 PM
Thanks Jerome.
John M Anderson
Director of Siting Policy
American Wind Energy Association
Email: janderson@awea.org
Cell: (202) 674-8569
Sent from my iPhone
On Oct 18, 2012, at 1:21 PM, "Ford, Jerome" <jerome_ford@fws.gov> wrote:
nexL Wednesday aL 3pm. l am noL sure of Lhe place. l wlll leave LhaL Lo uavld.
1hanks.

From: John Anderson [mailto:JAnderson@awea.org]
Sent: Thursday, October 18, 2012 12:16 PM
To: Ford, Jerome
Cc: Julie Falkner <JFALKNER@defenders.org>; Cottingham, David; Bigby, Delores
Subject: Re: next steps

Thanks Jerome and David for identifying times that work for this group.
After conferring with Julie and the few industry representatives that
would join the meeting it looks like the 3-4 PM ET timeframe works best
for everyone.
Please confirm this works for you and where we'll meet and we can lock
this in.
Thanks
JA
John M Anderson
Director of Siting Policy
American Wind Energy Association
Email: janderson@awea.org
Cell: (202) 674-8569
Sent from my iPhone
On Oct 18, 2012, at 11:08 AM, "Ford, Jerome" <jerome_ford@fws.gov>
wrote:
1eam,

l am booked on 1uesday and Wednesday beLween 2 - 4 ls all l have
avallable. 1hursday ls open all day wlLh Lhe excepLlon of a sLandlng
meeLlng from 12 - 1pm. lrlday ls open all day.

Sorry.
From: Julie Falkner [mailto:JFALKNER@defenders.org]
Sent: Thursday, October 18, 2012 10:45 AM
To: Ford, Jerome
Cc: Cottingham, David; John Anderson
Subject: Re: next steps

Would 4?
Cn CcL 18, 2012, aL 10:39 AM, "lord, !erome" <[erome_ford[fws.gov>
wroLe:
unforLunaLely, 4:30 does noL work for me.

From: Julie Falkner [mailto:JFALKNER@defenders.org]
Sent: Thursday, October 18, 2012 10:08 AM
To: Cottingham, David; John Anderson
Cc: Ford, Jerome
Subject: RE: next steps

John and Daid: 1here is another meeting that seeral
olks are attending during that time rame. \ould it be
possible to try 4:30

<image001.gif>
!"#$%&&% ()#*+%,
Senior Policy Analyst, Renewable Lnergy and
\ildlie
image002.jpg
Deenders o \ildlie
1130 1th Street N.\. \ashington D.C. 20036-4604
-%#. 202-2-0293 | ()/. 202-682-1331
jalknerdeenders.org | www.deenders.org

From: Cottingham, David [mailto:david_cottingham@fws.gov]
Sent: Thursday, October 18, 2012 10:05 AM
To: John Anderson
Cc: Julie Falkner; Ford, Jerome
Subject: RE: next steps

!erome's 1uesday ls booked. Pow abouL Wednesday
beLween 2 and 4?

uC

From: John Anderson [mailto:JAnderson@awea.org]
Sent: Thursday, October 18, 2012 9:39 AM
To: Cottingham, David
Cc: Julie Falkner (jfalkner@defenders.org); Ford, Jerome
Subject: Re: next steps

SLlll walLlng on conflrmaLlon on 1uesday avallablllLy. lf Lhls
doesn'L work LhaL's flne and we can focus solely on
Wednesday 10-24 buL l [usL need Lo know so l can flnd a
Llme LhaL works besL for lndusLry folks and !ulle can do Lhe
same wlLh conservaLlon caucus. lease leL me know whaL
your LhoughLs are here as soon as you can. 1hanks ln
advance!
!ohn M Anderson
ulrecLor of SlLlng ollcy
Amerlcan Wlnd Lnergy AssoclaLlon

Lmall: [anderson[awea.org

Cell: (202) 674-8369

SenL from my lhone

Cn CcL 16, 2012, aL 12:11 M, "CoLLlngham, uavld"
<davld coLLlngham[fws.gov> wroLe:
!ohn -
l'm ok 1uesday beLween 2 and 3:30.
!erome - have you goL some Llme on
1uesday afLernoon?

uC

From: John Anderson
[mailto:JAnderson@awea.org]
Sent: Tuesday, October 16, 2012 12:51 PM
To: Cottingham, David
Cc: Julie Falkner (jfalkner@defenders.org); Ford,
Jerome; Hildebrandt, Betsy
Subject: Re: next steps

1hanks for geLLlng back Lo me so qulckly. l
apologlze lf l gave you Lhe wrong daLes buL we
were looklng aL 1ue Lhe 23rd or Wed Lhe 24Lh.
1he Wed Llmes you shared are good for me buL
do you all have avallablllLy on 1ue lf need be?
1hanks agaln!
!ohn M Anderson
ulrecLor of SlLlng ollcy
Amerlcan Wlnd Lnergy AssoclaLlon

Lmall: [anderson[awea.org

Cell: (202) 674-8369

SenL from my lhone

Cn CcL 16, 2012, aL 12:44 M, "CoLLlngham,
uavld" <davld coLLlngham[fws.gov> wroLe:
!ohn -
Cood Lo see you Lhls
mornlng. l checked wlLh !erome.
We have Llme open on
Wednesday afLernoon prlor Lo 4
and 1hursday afLernoon beLween
1:30 and 4. lease check wlLh
your folks and leL us know whaL
Llmes mlghL work.

1hanks

uC

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STATEMENT OF CONFIDENTIALITY &
DISCLAIMER: AWEA considers the
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and its attachments to be confidential,
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intended only for the use of the individual
or entity named above. AWEA accepts no
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writing. If the reader of this email message
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by replying and delete the original message
and your reply. Thank you.
Meeting held October 24, 2012 in Room 3038 MIB in response to the 8/22/12 request to
Secretary Salazar from 16 conservation and wind energy groups for collaborative revision of the
eagle permit process

Present: Dan Ashe, FWS; Jerome Ford, FWS; David Cottingham, FWS; Mike Young, Solicitor,
DOI; Tom Vinson, AWEA; John Anderson, AWEA; Julie Falkner, Defenders of Wildlife; Rob
Fisher, DOI Office of Alternative Dispute Resolution; Susan Goodwin, DOI Office of
Alternative Dispute Resolution; R.O. Roberts, ___; Joe Grennan, ___; Katie __, Natural
Resources Defense Council; Mike Johnson, FWS; Sarah Mott, FWS.

Meeting Purpose: Find the best way to continue the dialogue about the permit process.

Comments from Requestors:
Letter sent to be proactive in protecting eagles, developing transparency in the regulatory
process, and finding a clear and certain way forward for both sides. Shared goal is to
build an effective permanent permit program.

Suggested a two-phase process: (1) immediately find a way for projects to quickly move
forward, possibly by establishing an interim, demonstration, or pilot program that will
help inform the permanent process and possibly authorize take in a less onerous way than
permitting, and (2) while management and mitigation data is collected from interim
projects, work together to develop a long-term permanent permit process that is more
structured, transparent, and consistent across the country (18-24 months).

Suggested that only original requestors should participate in next meeting and that only
the wind energy be at the table, as opposed to all energy industries.
Comments from FWS:
The tenure rule is going forward in December and also can be revisited when the 2009
eagle rule is revised. (There was no comment about the scheduling of the tenure rule.)

Any interim process will require FWS to apply the substantive requirements of the law.

FWS will coordinate and host a meeting to include all appropriate parties, including
tribes and representatives of all affected energy industries, during the week of December
10, at NCTC or in Arlington or DC.

Purpose of the December meeting will be to gather as much information about the
permitting process from as many sources as possible. Per the Solicitor, the meeting may
not be collaborative and the purpose of meeting cannot be to reach concensus about
changes to the permit process.

Next Steps:
FWS to plan meeting, issue invitations, and develop agenda.

Requestors to compile list of items they would like to discuss at December meeting.































































From: Ford, Jerome
To: Mott, Sarah P; Bortner, Brad
Cc: Johnson, Mike J
Subject: Fwd: Eagle dialog
Date: Tuesday, November 13, 2012 11:58:03 AM
I will call Julie later today. I guess we need an Arlington or DC venue in mind.
Jerome Ford
Assistant Director
Migratory Birds Program
1849 C Street, Rm. 3340
Washington, DC. 20240
202-208-1050
Begin forwarded message:
From: Julie Falkner <JFALKNER@defenders.org>
Date: November 13, 2012 7:26:40 AM MST
To: "Ford, Jerome" <jerome_ford@fws.gov>
Subject: RE: Eagle dialog
li Jerome: I am in the oice today, 1uesday and all week. \ould ery much like
to speak with you. I reached out to the other NGOs and reminded them to contact
you regarding the week o Dec. 10
th
. Leryone has said they could make it some
time that week, and yes, meeting in Arlington sounds good. In terms o an agenda,
I think we should hae a conersation. I am in all week and reachable on my oice
number 202-2-0293 and my cell: 03-31-3891. I can also stop by your oice i
you would like.

\armest regards
julie


!"#$%&&% ()#*+%,
Senior Policy Analyst, Renewable Lnergy and \ildlie
Deenders o \ildlie
1130 1th Street N.\. \ashington D.C. 20036-4604
-%#. 202-2-0293 | ()/. 202-682-1331
jalknerdeenders.org | www.deenders.org

From: Ford, Jerome [mailto:jerome_ford@fws.gov]
Sent: Friday, November 09, 2012 3:21 PM
To: Julie Falkner
Subject: RE: Eagle dialog

!ulle,

l have been ln meeLlngs all day and could noL break away as l anLlclpaLed. l wanLed Lo
dlscuss wlLh you a couple of Lhlngs LhaL are lnLegral Lo havlng Lhe meeLlng LhaL we all
dlscussed. llrsL, l asked for folks Lo send Lhelr avallablllLy daLes. Secondly, l asked
folks Lo send ldeas, LhoughLs, suggesLlons of Lhe Lhlngs Lhey had ln mlnd so LhaL we
could bulld an agenda. 1he second lLem ls
. Could you leL Lhe everyone
LhaL parLlclpaLed ln Lhe meeLlng a few weeks ago LhaL l really need Lhelr LhoughLs?

LasLly, uan had menLlon havlng Lhe meeLlng aL nC1C. As a cosL savlng measure, we
were Lhlnklng abouL havlng Lhe meeLlng ln ArllngLon lnsLead. Could you check wlLh
Lhe oLhers Lo see whaL Lhelr venue preference ls? We really need some feedback
qulckly.

1hanks agaln and l look forward Lo hearlng from you soon.

Pave a good weekend.


!erome L. lord
AsslsLanL ulrecLor
MlgraLory 8lrds rogram
1849 C SLreeL, 8oom3340
WashlngLon, uC 20240

202/208-1030
(b) (5)
202/208-4132 lax
[erome_ford[fws.gov

From: Julie Falkner [mailto:JFALKNER@defenders.org]
Sent: Friday, November 09, 2012 1:33 PM
To: Ford, Jerome
Subject: RE: Eagle dialog

li Jerome: Just let a message or you on your oice line. I`m in the oice or
about another hour. Ater that, you can reach me on my cell phone at 03-31-
3891. Looking orward to catching up and hope all is well.
Julie


!"#$%&&% ()#*+%,
Senior Policy Analyst, Renewable Lnergy and \ildlie
Deenders o \ildlie
1130 1th Street N.\. \ashington D.C. 20036-4604
-%#. 202-2-0293 | ()/. 202-682-1331
jalknerdeenders.org | www.deenders.org

From: Ford, Jerome [mailto:jerome_ford@fws.gov]
Sent: Thursday, November 08, 2012 4:00 PM
To: Julie Falkner
Subject: RE: Eagle dialog

!ulle,

Can you glve me a call Lomorrow afLernoon? l have noL heard from back and need Lo
soon Lo seL an agenda.

1hanks.

!erome L. lord
AsslsLanL ulrecLor
MlgraLory 8lrds rogram
1849 C SLreeL, 8oom3340
WashlngLon, uC 20240

202/208-1030
202/208-4132 lax
[erome_ford[fws.gov

From: Julie Falkner [mailto:JFALKNER@defenders.org]
Sent: Friday, October 19, 2012 9:15 AM
To: Cottingham, David; Ford, Jerome; John Anderson (janderson@awea.org); Mott, Sarah
P
Cc: Umekubo, Katie
Subject: RE: Eagle dialog

li all: I am also sending to Katie Umekubo at NRDC. 1hank you or meeting
with us.

Julie
-----Original Appointment-----
From: Cottingham, David [mailto:david cottingham@fws.gov]
Sent: Friday, October 19, 2012 8:56 AM
To: Ford, Jerome; John Anderson (janderson@awea.org); Julie Falkner; Mott, Sarah P
Subject: Eagle dialog
When: Wednesday, October 24, 2012 3:00 PM-4:00 PM (GMT-05:00) Eastern Time (US &
Canada).
Where: 3038 MIB




From: Johnson, Mike J
To: Ford, Jerome
Cc: Mott, Sarah P; Bortner, Brad
Subject: Re: Eagle dialog
Date: Tuesday, November 13, 2012 1:47:44 PM
can we ask yvette or Rebecca to see if there is meeting space at one of the local
hotels?
Sent from my iPad
On Nov 13, 2012, at 9:58 AM, "Ford, Jerome" <jerome_ford@fws.gov> wrote:
I will call Julie later today. I guess we need an Arlington or DC venue in
mind.
Jerome Ford
Assistant Director
Migratory Birds Program
1849 C Street, Rm. 3340
Washington, DC. 20240
202-208-1050
Begin forwarded message:
From: Julie Falkner <JFALKNER@defenders.org>
Date: November 13, 2012 7:26:40 AM MST
To: "Ford, Jerome" <jerome_ford@fws.gov>
Subject: RE: Eagle dialog
li Jerome: I am in the oice today, 1uesday and all week. \ould ery
much like to speak with you. I reached out to the other NGOs and
reminded them to contact you regarding the week o Dec. 10
th
.
Leryone has said they could make it some time that week, and yes,
meeting in Arlington sounds good. In terms o an agenda, I think we
should hae a conersation. I am in all week and reachable on my
oice number 202-2-0293 and my cell: 03-31-3891. I can also
stop by your oice i you would like.

\armest regards
julie

<image001.gif>
!"#$%&&% ()#*+%,
Senior Policy Analyst, Renewable Lnergy and \ildlie
image003.jpg
Deenders o \ildlie
1130 1th Street N.\. \ashington D.C. 20036-4604
-%#. 202-2-0293 | ()/. 202-682-1331
jalknerdeenders.org | www.deenders.org

From: Ford, Jerome [mailto:jerome ford@fws.gov]
Sent: Friday, November 09, 2012 3:21 PM
To: Julie Falkner
Subject: RE: Eagle dialog

!ulle,

l have been ln meeLlngs all day and could noL break away as l
anLlclpaLed. l wanLed Lo dlscuss wlLh you a couple of Lhlngs LhaL are
lnLegral Lo havlng Lhe meeLlng LhaL we all dlscussed. llrsL, l asked for
folks Lo send Lhelr avallablllLy daLes. Secondly, l asked folks Lo send
ldeas, LhoughLs, suggesLlons of Lhe Lhlngs Lhey had ln mlnd so LhaL we
could bulld an agenda. 1he second lLem ls crlLlcal because Lhe conLexL of
Lhe meeLlng has Lo be such LhaL we are noL vlolaLlng Lhe rules of lAC.
Could you leL Lhe everyone LhaL parLlclpaLed ln Lhe meeLlng a few weeks
ago LhaL l really need Lhelr LhoughLs?

LasLly, uan had menLlon havlng Lhe meeLlng aL nC1C. As a cosL savlng
measure, we were Lhlnklng abouL havlng Lhe meeLlng ln ArllngLon
lnsLead. Could you check wlLh Lhe oLhers Lo see whaL Lhelr venue
preference ls? We really need some feedback qulckly.

1hanks agaln and l look forward Lo hearlng from you soon.

Pave a good weekend.


!erome L. lord
AsslsLanL ulrecLor
MlgraLory 8lrds rogram
1849 C SLreeL, 8oom3340
WashlngLon, uC 20240

202/208-1030
202/208-4132 lax
[erome_ford[fws.gov

From: Julie Falkner [mailto:JFALKNER@defenders.org]
Sent: Friday, November 09, 2012 1:33 PM
To: Ford, Jerome
Subject: RE: Eagle dialog

li Jerome: Just let a message or you on your oice line. I`m in the
oice or about another hour. Ater that, you can reach me on my cell
phone at 03-31-3891. Looking orward to catching up and hope all
is well.
Julie

<image001.gif>
!"#$%&&% ()#*+%,
Senior Policy Analyst, Renewable Lnergy and \ildlie
image004.jpg
Deenders o \ildlie
1130 1th Street N.\. \ashington D.C. 20036-4604
-%#. 202-2-0293 | ()/. 202-682-1331
jalknerdeenders.org | www.deenders.org

From: Ford, Jerome [mailto:jerome_ford@fws.gov]
Sent: Thursday, November 08, 2012 4:00 PM
To: Julie Falkner
Subject: RE: Eagle dialog

!ulle,

Can you glve me a call Lomorrow afLernoon? l have noL heard from back
and need Lo soon Lo seL an agenda.

1hanks.

!erome L. lord
AsslsLanL ulrecLor
MlgraLory 8lrds rogram
1849 C SLreeL, 8oom3340
WashlngLon, uC 20240

202/208-1030
202/208-4132 lax
[erome_ford[fws.gov

From: Julie Falkner [mailto:JFALKNER@defenders.org]
Sent: Friday, October 19, 2012 9:15 AM
To: Cottingham, David; Ford, Jerome; John Anderson
(janderson@awea.org); Mott, Sarah P
Cc: Umekubo, Katie
Subject: RE: Eagle dialog

li all: I am also sending to Katie Umekubo at NRDC. 1hank you or
meeting with us.

Julie
-----Original Appointment-----
From: Cottingham, David [mailto:david_cottingham@fws.gov]
Sent: Friday, October 19, 2012 8:56 AM
To: Ford, Jerome; John Anderson (janderson@awea.org); Julie Falkner;
Mott, Sarah P
Subject: Eagle dialog
When: Wednesday, October 24, 2012 3:00 PM-4:00 PM (GMT-05:00)
Eastern Time (US & Canada).
Where: 3038 MIB










































































































Johnson, Mike <mike_j_johnson@fws.gov>
RE: Date for eagle dialog meeting
1 message
Sarah_P_Mott@fws.gov <Sarah_P_Mott@fws.gov> Mon, Nov 19, 2012 at 10:22 PM
To: Julie Falkner <JFALKNER@defenders.org>
Cc: "janderson@awea.org" <janderson@awea.org>, "Mike_J_Johnson@fws.gov" <Mike_J_Johnson@fws.gov>,
"tvinson@awea.org" <tvinson@awea.org>
Thank you, Julie.
Sarah Pearson Mott
Division of Migratory Bird Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, MS 4107
Arlington, VA 22203
Phone: (703) 358-1910 Fax: (703) 358-2217
E-mail: sarah_p_mott@fws.gov
Julie Falkner <JFALKNER@defenders.org>
Julie Falkner
<JFALKNER@defenders.org>
11/19/2012 01:02 PM
To"Sarah_P_Mott@fws.gov"
<Sarah_P_Mott@fws.gov>,
"tvinson@awea.org" <tvinson@awea.org>,
"janderson@awea.org"
<janderson@awea.org>
cc"Mike_J_Johnson@fws.gov"
<Mike_J_Johnson@fws.gov>
SubjectRE: Date for eagle dialog meeting
Sarah: am out of the office right now, but can see about getting you something early next
week.
Julie
Juliette Falkner
Senior Policy Analyst, Renewable Energy and Wildlife
Defenders of Wildlife
1130 17th Street N.W. Washington D.C. 20036-4604
Tel: 202-772-0293 | Fax: 202-682-1331
jfalkner@defenders.org | www.defenders.org
From: Sarah_P_Mott@fws.gov [mailto:Sarah_P_Mott@fws.gov]
Sent: Friday, November 16, 2012 4:54 PM
To: Julie Falkner; tvinson@awea.org; janderson@awea.org
Cc: Mike_J_Johnson@fws.gov; Sarah_p_mott@fws.gov
Subject: Date for eagle dialog meeting
Hello Julie, John and Tom,
Jerome Ford has asked that we send the message below to
the individuals who signed the letter to Dan Ashe about
finding a path forward regarding renewable energy and the
impacts to eagles, as well as those who attended the eagle
dialog meeting at Main Interior on October 24.
Unfortunately, we don't have the full contact information
for these folks. If you could share any email addresses
and/or phone numbers that you might have for members of
this group, it would be very helpful to us as we organize the
follow-up meeting scheduled for December 13-14. It would
also be greatly appreciated.
Thank you for any help you might provide.
Sarah Mott
This is just a quick note to ask you to hold the dates of
December 13-14, 2012 for our meeting to discuss eagle
issues. We'll have that meeting in the Arlington or DC
area and will be in touch again very soon with the exact
venue and times. We also plan to have a draft agenda to
share before the meeting.
We look forward to seeing you then. Please contact me if
you have any questions.
Jerome Ford
Sarah Pearson Mott
Division of Migratory Bird Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, MS 4107
Arlington, VA 22203
Phone: (703) 358-1910 Fax: (703) 358-2217
E-mail: sarah_p_mott@fws.gov
Johnson, Mike <mike_j_johnson@fws.gov>
Re: Eagles
1 message
Jerome Ford <jerome_ford@fws.gov> Tue, Dec 11, 2012 at 8:23 AM
To: Betsy Hildebrandt <betsy_hildebrandt@fws.gov>
Cc: David Cottingham <david_cottingham@fws.gov>, Mike J Johnson <Mike_J_Johnson@fws.gov>, Brad Bortner
<Brad_Bortner@fws.gov>, Sarah P Mott <Sarah_P_Mott@fws.gov>
Will do.
Dan mentioned to the signatories of the Defenders letter that we "could" wait until after our meeting with them.
Nonetheless, we plan on completing a draft based on provided comments by month's end as promised and start
the surname process.
Sent from my iPhone
On Dec 10, 2012, at 10:34 PM, Betsy Hildebrandt <betsy_hildebrandt@fws.gov> wrote:
Please let me know when tenure rule is moving through surname. Thanks!
Sent from my iPhone
Begin forwarded message:
From: Elizabeth Klein <elizabeth_klein@ios.doi.gov>
Date: December 10, 2012, 9:49:42 PM EST
To: <betsy_hildebrandt@fws.gov>
Subject: Re: Eagles
Where is it now? I assume still in surnaming? I think send it along its
journey and once it lands at us, we'll figure out exact timing to send to
OIRA.
----- Original Message -----
From: Betsy Hildebrandt [mailto:betsy_hildebrandt@fws.gov]
Sent: Monday, December 10, 2012 04:09 PM
To: Elizabeth Klein <elizabeth_klein@ios.doi.gov>
Subject: Re: Eagles
Should we also move the tenure rule?
Sent from my iPhone
On Dec 10, 2012, at 4:39 PM, Elizabeth Klein
<elizabeth_klein@ios.doi.gov> wrote:
Can you please send me the current version of the eagle guidance?
Johnson, Mike <mike_j_johnson@fws.gov>
Fwd: follow up to October 2012 letter and eagles
1 message
Ford, Jerome <jerome_ford@fws.gov> Tue, Dec 18, 2012 at 9:23 AM
To: "Johnson, Mike J" <Mike_J_Johnson@fws.gov>
---------- Forwarded message ----------
From: David Cottingham <david_cottingham@fws.gov>
Date: Mon, Dec 17, 2012 at 5:39 PM
Subject: Re: follow up to October 2012 letter and eagles
To: Julie Falkner <JFALKNER@defenders.org>
Cc: Jerome Ford <jerome_ford@fws.gov>, Sarah P Mott <Sarah_P_Mott@fws.gov>, Brad Bortner
<brad_bortner@fws.gov>, Betsy Hildebrandt <betsy_hildebrandt@fws.gov>
Julie
Thanks for your note. It will help us keep things moving.
As you know, and many of the key Migratory Bird program folks are out until Jan 2 or
3. They can continue addressing your questions and get back to you if they have resolution. Otherwise it may
be early January before we can confer and get back to you with the benefit of our group discussions.
Have a great holiday yourself. Lets get together when you return.
David
David Cottingham
202-208-4331 (office)
202-372-7578 (cell)
On Dec 17, 2012, at 1:05 PM, Julie Falkner <JFALKNER@defenders.org> wrote:

David: I am writing to follow up on the October 2012 letter by Director Ashe concerning a meeting
to discuss a collaborative process regarding eagle permits. We understand that the December
meeting originally proposed in the letter had several scheduling conflicts and look forward to
working with you to find a mutually acceptable date. To start thinking about this process, I would
like to suggest thinking about the beginning of February or the first week in March 2013. I note
that January is already a busy month and February has several meetings in the middle of the
month for which many of the signatories to the letter will be unavailable

To help better prepare for such a meeting, it would be helpful to know if the FWS intends to invite
(b) (6)
(b) (6)
other interested parties? Whether or not the meeting would be for one or two days or some
variation? Who from the FWS is likely to attend? As our original letter provided, we are interested
in talking about a stakeholder process to look comprehensively at the permitting process under
BGEPA and identify any short term solutions, while the more comprehensive process is ongoing.

I, and my colleagues, would be happy to discuss this further with the FWS and look forward to
doing so. Please let us know when we might be able to have a short discussion and determine
any next steps.

Sincerely,
Julie



Juliette Falkner
Senior Policy Analyst, Renewable Energy and Wildlife
<image004.jpg>
Defenders of Wildlife
1130 17th Street N.W. Washington D.C. 20036-4604
Tel: 202-772-0293 | Fax: 202-682-1331
jfalkner@defenders.org | www.defenders.org

1

March 26, 2013

Briefing Memorandum for Deputy Secretary

From: Dan Ashe, Director

Subject: Meeting with environmental groups and wind industry, March 27, 2013

Backgr ound

You are meeting with representatives of wind industry and environmental groups that wrote to
Secretary Salazar last summer regarding comments on the Services ANPR to revise the 2009
eagle permitting rule and the proposed rule to extend the term of eagle take permits from 5 to up
to 30 years.

At a meeting with many of these groups in February, they asked for an opportunity to collaborate
on some ideas they were forming about how to improve the Services eagle conservation
programs. At this meeting, they will present the result of those discussions. They will likely ask
that:
1. The Department/Service not promulgate a final rule extending the duration of eagle take
permits up to 30 years.
2. The Department/Service create a science advisory committee to develop a research
program at selected (a few) operating and proposed wind projects to test risk models,
evaluate advanced conservation practices, and monitor projects for eagle behavior and
mortality.
3. The Service and J ustice provide assurances that project operators participating in the
research program would not be prosecuted if they took an eagle.

You should also be aware that an environmental group who was not a signatory to the initial
letter has asked that we not meet with this group again. They contend that doing so would
violate the Federal Advisory Committee Act (see attached talking points).

Ser vice Compr ehensive Eagle Conser vation Pr ogr am

The Service appreciates the efforts of the wind industry and environmental groups to collaborate.
However, we believe the time has come to move ahead with:
1.
2.
3.
4.
5.
(b) (5)
3

Resear ch on eagle populations Much of the ongoing eagle research is specifically designed to
decrease uncertainty as FWS revises the eagle take rule. For example:
1. Research aimed at improving estimates of golden eagle population size and trend will be
directly incorporated into a re-assessment of sustainable take thresholds, and in setting
revised numeric take thresholds.
2. Research aimed at re-assessing natal dispersal distance will provide more scientifically
supportable boundaries for assessment of take at the local-area population scale, and for
re-assessing geographic management units for both species of eagle.
3. Research into golden eagle survival rates will help improve estimates of survival that
feed into the models that will be used to estimate sustainable take rates.
4. Developing an improved sustainable take model for eagles will be used in conjunction
with revised population estimates for Golden Eagles and improved estimates of Golden
Eagle Survival rates to set sustainable take limits at the scale of the eagle management
unit and local-area population.
5. Research into eagle pre- and post-construction monitoring will help in the design of
effective and efficient monitoring recommendations. This research is crucial to
developing supportable, justifiable, and minimally burdensome monitoring protocols,
which may be incorporated directly into regulation in the Eagle Permit rule revision.

Resear ch on Advanced Conser vation Pr acti ces -- Research to identify effective advanced
conservation practices (ACPs) to reduce eagle fatalities at wind facilities is a high priority. One
of the most expeditious and efficient ways to promote this research would be to develop and test
experimental ACPs at operating wind facilities that have comparatively high eagle mortality
rates. Because eagles would be taken as part of the research, facilities participating in such
experiments should be operating under FWS permits that authorize eagle take. Research into
experimental ACPs following such an approach is outlined and recommended in the draft ECPG.
Wind facilities operating prior to 2009 could qualify for a programmatic eagle take permit if,
among other things, they implemented measures that would reduce eagle takes from historic
levels. Because of the requirement that take be reduced from historic, baseline levels, the take
authorized by programmatic permits for activities that were ongoing prior to 2009 would not be
subtracted from regional eagle take thresholds, and as such, they would not require
compensatory mitigation to meet a no-net-loss standard (though mitigation may still be required
under such permits). There are legal and law enforcement issues with this approach that need to
be resolved.

National Eagle Conser vation-Management Plans The FWS will develop continental eagle
conservation plans, including a re-assessment of the geographic boundaries of the regional eagle
management units for both bald and golden eagles. These plans would recommend specific
numeric population objectives for each management unit. The intent is that these population
objectives would replace the current standard of maintaining stable numbers of breeding pairs of
eagles. Depending on the geographic area and species, population objectives might be to
maintain the current estimated population level, increase the population by a specific amount, or
allow take that could decrease population size within constraints over time. The population
objectives would need to be set so that existing or planned population monitoring programs
could ascertain populations relative to objective levels.

4

Talking Points for Deputy Secretary Hayes
March 27 2013 Meeting with Wind Industry and Environmental Groups

Thank you for all your efforts to work together and with the Service to improve our eagle
conservation programs. We appreciate your efforts to share information among yourselves
as you develop your thoughts in this important area.
Its very important that we all work to learn more about and conserve eagle populations.
When a number of us met in February, you asked for a little more time to develop your ideas
about potential ways to move forward. We look forward to hearing from you on progress
youve made. [J ohn Anderson and/or J ulie Falkner will likely speak for the group.]
We also want to tell you where we are with regard to the Services eagle conservation and
research programs as well as modifying some of our eagle conservation and permitting
processes.
I should note that we are not in a position to request any consensus recommendations from
you as a group, in light of the requirements of the Federal Advisory Committee Act as we
discussed in our last meeting. In fact, I understand that the Department has received one
letter raising questions concerning these efforts and compliance with the Federal Advisory
Committee Act.
Of course, we are very interested in the information, expertise and perspectives that each of
you brings individually to this important issue. We intend to give full consideration to all of
your ideas as the Department moves ahead.
Ask Dan Ashe [may be on the phone] or Steve Black if they want to add anything

Meeting held October 24, 2012 in Room 3038 MIB in response to the 8/22/12 request to
Secretary Salazar from 16 conservation and wind energy groups for collaborative revision of the
eagle permit process

Present: Dan Ashe, FWS; Jerome Ford, FWS; David Cottingham, FWS; Mike Young, Solicitor,
DOI; Tom Vinson, AWEA; John Anderson, AWEA; Julie Falkner, Defenders of Wildlife; Rob
Fisher, DOI Office of Alternative Dispute Resolution; Susan Goodwin, DOI Office of
Alternative Dispute Resolution; R.O. Roberts, ___; Joe Grennan, ___; Katie __, Natural
Resources Defense Council; Mike Johnson, FWS; Sarah Mott, FWS.

Meeting Purpose: Find the best way to continue the dialogue about the permit process.

Comments from Requestors:
Letter sent to be proactive in protecting eagles, developing transparency in the regulatory
process, and finding a clear and certain way forward for both sides. Shared goal is to
build an effective permanent permit program.

Suggested a two-phase process: (1) immediately find a way for projects to quickly move
forward, possibly by establishing an interim, demonstration, or pilot program that will
help inform the permanent process and possibly authorize take in a less onerous way than
permitting, and (2) while management and mitigation data is collected from interim
projects, work together to develop a long-term permanent permit process that is more
structured, transparent, and consistent across the country (18-24 months).

Suggested that only original requestors should participate in next meeting and that only
the wind energy be at the table, as opposed to all energy industries.
Comments from FWS:
The tenure rule is going forward in December and also can be revisited when the 2009
eagle rule is revised. (There was no comment about the scheduling of the tenure rule.)

Any interim process will require FWS to apply the substantive requirements of the law.

FWS will coordinate and host a meeting to include all appropriate parties, including
tribes and representatives of all affected energy industries, during the week of December
10, at NCTC or in Arlington or DC.

Purpose of the December meeting will be to gather as much information about the
permitting process from as many sources as possible. Per the Solicitor, the meeting may
not be collaborative and the purpose of meeting cannot be to reach concensus about
changes to the permit process.

Next Steps:
FWS to plan meeting, issue invitations, and develop agenda.

Requestors to compile list of items they would like to discuss at December meeting.