Bird and Bat Conservation Strategies (BBCS) for Wind Energy Projects

What is a Bird and Bat Conservation Strategy (BBCS)?

Bird and Bat Conservation Strategy (BBCS) documents provide an overview of what is known about birds and bats at a utility project and outline voluntary approaches a developer will take to minimize impacts. The Bird and Bat Conservation Strategy is considered a "living document" that will adapt and grow throughout a project's life as new information becomes available. One outcome of a Bird and Bat Conservation Strategy is determining if there is a need for further bird and bat permitting for the project, including an Eagle Conservation Plan/Eagle Take Permit or a Habitat Conservation Plan/Incidental Take Permit.

Why write a Bird and Bat Conservation Strategy?

A Bird and Bat Conservation Strategy analyzes the bird and bat species likely to be impacted by a renewable energy project, either directly from collisions or indirectly from habitat loss and displacement. This information is useful when securing project financing and negotiating permitting and concurrence with state and federal regulators. Project investors need assurance their investment will not hit any fatal regulatory flaws, and a Bird and Bat Conservation Strategy identifies potential issues upfront early in the permitting process.

Utility developers need buy-in from state and federal regulators to reduce the likelihood of violating laws, including the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Protection Act. While complying with these laws is mandatory, a Bird and Bat Conservation Strategy is a voluntary document representing a "good faith" effort by a developer to protect birds and bats when developing a project. A utility that follows its own Bird and Bat Conservation Strategy may be less likely to be prosecuted if bird and bat fatalities occur. However, the U.S. Fish and Wildlife Service can still exercise its authority under relevant statutes, even if the project has a Bird and Bat Conservation Strategy.

Who writes a Bird and Bat Conservation Strategy?

The renewable energy project's developers are responsible for understanding and documenting project risks to birds and bats and their habitats while outlining avoidance, minimization, and mitigation strategies. The developer's project biologists can write the document, or it can be outsourced to an environmental consulting firm with expertise on wind energy impacts on birds and bats.

When is a Bird and Bat Conservation Strategy written?

Typically, a Bird and Bat Conservation Strategy is written in the pre-construction stage of a project's development. A developer will want to identify bird and bat species of concern and nearby concentration areas early to plan proper minimization and mitigation strategies. This information is often needed for project financing and negotiations with federal and state wildlife regulators and is ideal to have as early as possible. Developers are encouraged to coordinate with the local U.S. Fish and Wildlife Field Offices and state fish and wildlife agencies when developing a Bird and Bat Conservation Strategy.

Is there a recommended outline or format for a Bird and Bat Conservation Strategy?

Many utilities follow their own internal Bird and Bat Conservation Strategy format for all their projects. Assuming regulators and project financing have accepted this format, this template can be followed and is ideal for consistency across the utility. In the absence of a utility-specific template, the following outline can be used as a guide (adapted from the USFWS Region 6 BBCS Guidelines:

1. Statement of Purpose
2. Regulatory Framework
   1. Migratory Bird Treaty Act
   2. Bald and Golden Eagle Protection Act
   3. Endangered Species Act
   4. Other federal, state, county, or local laws
3. Project Description
4. Project History of Bird and Bat Presence and Risk Assessments
   1. Preliminary Site Evaluation (USFWS Tier 1)
   2. Site-specific Characterization and Decisions (USFWS Tier 2)
   3. Field Studies to Document Wildlife and Habitat (USFWS Tier 3)
   4. Risk assessments will evaluate potential threats of the wind facility to native wildlife, including collisions, electrocutions, displacement, nest and roost disturbance, and habitat loss.
5. Conservation Measures to Avoid and Minimize Impacts
   1. Avoiding and Minimizing Direct Impacts
   2. Avoiding and Minimizing Indirect Impacts
   3. Offsetting and Compensating for Habitat-Related Impacts
   4. Avoiding and Minimizing Other Project-Specific Risks
6. Post-Construction Studies to Estimate Impacts
7. Adaptive Management
8. Project Permits
9. Reporting and Schedule
10. Personnel Training
11. Contacts/Key Resources
12. References
13. Appendices

How does a Bird and Bat Conservation Strategy (BBCS) compare to an Avian Protection Plan (APP)?

There are many similarities, but Bird and Bat Conservation Strategies are typically written for renewable energy projects (particularly wind energy projects), and Avian Protection Plans are written for power line and substation projects. Since bat collisions typically occur at wind facilities and not powerline and substation projects, Bird and Bat Conservation Strategies typically include conservation measures for both bats and birds. Both documents identify species of concern, present known information on species present at the project, propose minimization and mitigation strategies, and are voluntary.

How does a Bird and Bat Conservation Strategy (BBCS) compare to an Avian and Bat Protection Plan (ABPP)?

The two terms are effectively synonymous. "Avian and Bat Protection Plan" was created from "Avian Protection Plan" to include bats and be more suited for wind energy projects. Eventually, the Avian and Bat Protection Plan moniker was dropped in favor of the Bird and Bat Conservation Strategy and is no longer widely used.

References

Avian Powerline Interaction Committee and U. S. Fish and Wildlife Service. 2005. Avian Protection Plan Guidelines. https://www.aplic.org/uploads/files/2634/APPguidelines_final-draft_Aprl2005.pdf. Accessed 22 December 2023.

U.S. Fish and Wildlife Service. 2010. Considerations for Avian and Bat Protection Plans, U.S. Fish and Wildlife Service White Paper. https://www.blm.gov/sites/default/files/policies/Attachment%201-%20Considerations%20for%20Avian%20and%20Bat%20Protection%20Plans.%20USFWS%20White%20Paper%20July%202010.pdf . Accessed 22 December 2023.

U.S. Fish and Wildlife Service. 2019. Outline for a Bird and Bat Conservation Strategy: Wind Energy Projects https://puc.sd.gov/commission/dockets/electric/2019/el19-003/birdbat.pdf Accessed 22 December 2023.