Endangered Species; File No. 21516, 82324-82325 [2023-25984]

Download as PDF 82324 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices propagated California Central Valley (CCV). Green sturgeon (Acipenser medirostris): threatened, naturally produced southern distinct population segment (sDPS). DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD547] Endangered and Threatened Species; Take of Anadromous Fish ESA-Listed Species Covered in This Notice Background The USFWS and CDFW, under the auspices of the San Joaquin River Restoration Program (SJRRP), are working to restore a CVSR Chinook salmon population in the San Joaquin River. The reintroduced CVSR Chinook salmon, taken from one or more out-ofbasin stocks, are designated as a nonessential, experimental population under Section 10(j) of the ESA, and have associated 4(d) take provisions (78 FR 79622; December 31, 2013). The SJRRP determined that a conservation hatchery would be the preferred and primary strategy for reintroducing CVSR Chinook salmon to the San Joaquin River. The San Joaquin River Salmon Conservation and Research Program (Conservation Program) involves the operation of two facilities: the Salmon Conservation and Research Facility (SCARF) currently under construction, with completion expected in 2024, and an interim SCARF (Interim Facility) currently in operation. The Conservation Program is operated as an Integrated-Recovery hatchery program, intended to help meet fisheries management objectives while achieving restoration and recovery goals. This CVSR Chinook salmon HGMP submitted by the USFWS and CDFW, pursuant to section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations governing listed fish and wildlife permits (50 CFR 222), provides guidance on the management and operation of the SCARF and Interim Facility in the San Joaquin River Basin. The HGMP and the associated Section 10(a)(1)(A) enhancement permit application (20571–2R) were made available for public review and comment on March 7, 2023 (88 FR 14147). On June 26, 2023, NMFS determined that the submitted HGMP was sufficient for consideration under Section 10(a)(1)(A) of the ESA. The draft environmental assessment available for comment evaluates the potential effects of approving the CVSR Chinook salmon HGMP and issuing Section 10(a)(1)(A) Permit 20571–2R to the USFWS and CDFW. Chinook salmon (Oncorhynchus tshawytscha): threatened, naturally produced and artificially propagated Central Valley spring-run (CVSR). Steelhead (O. mykiss): threatened, naturally produced and artificially Authority NEPA requires Federal agencies to conduct an environmental analysis of their proposed actions to determine if the actions may affect the human environment. Therefore, NMFS is National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of a draft environmental assessment; request for comments. AGENCY: Notice is hereby given that NMFS has prepared a draft Environmental Assessment under the National Environmental Policy Act (NEPA) describing the potential effects of the continued operation of one hatchery program in the San Joaquin River Basin of California. The Hatchery and Genetic Management Plan (HGMP) for the program was prepared and submitted by the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW). All comments and other information received will become part of the public record and will be available for review. DATES: Comments or requests for a public hearing on the applications must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific standard time on December 26, 2023. ADDRESSES: Written comments on the application should be addressed to the NMFS California Central Valley Office, 650 Capitol Mall, Suite 5–100, Sacramento, CA 95814. Comments may also be submitted via email to Meiling.Colombano@noaa.gov. Include in the subject line of the email comment the following identifier: Comments on SJRRP 10(a)(1)(A) Enhancement Permit EA. When commenting on the draft environmental assessment, please refer to the specific page number and line number of the subject of your comment. FOR FURTHER INFORMATION CONTACT: Meiling Colombano, Sacramento, CA, at phone number: (916) 930–3695, or via email: Meiling.Colombano@noaa.gov. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 21:46 Nov 22, 2023 Jkt 262001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 seeking public input on the scope of the required NEPA analysis, including the range of reasonable alternatives and associated impacts of any alternatives. Dated: November 17, 2023. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–25878 Filed 11–22–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD548] Endangered Species; File No. 21516 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Issuance of permit modification. AGENCY: Notice is hereby given that NMFS has issued a modification to Incidental Take Permit (ITP; No. 21516) to Virginia Electric and Power Company, d.b.a. Dominion Virginia Power (Dominion) pursuant to the Endangered Species Act of 1973 (ESA), as amended, for the incidental take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) associated with the otherwise lawful operation of the Dominion Chesterfield Power Station (CPS) in Chesterfield, VA. ADDRESSES: The modified incidental take permit and other related documents are available on the NMFS Office of Protected Resources website at https:// www.fisheries.noaa.gov/national/ endangered-species-conservation/ incidental-take-permits. FOR FURTHER INFORMATION CONTACT: Lynn Lankshear, (978) 282–8473, Lynn.Lankshear@noaa.gov. SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations prohibits the ‘‘taking’’ of a species listed as endangered or threatened. The ESA defines ‘‘take’’ to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. NMFS may issue permits, under limited circumstances to take listed species when the take is incidental to, and not the purpose of, otherwise lawful activities. Section 10(a)(1)(B) of the ESA provides for authorizing incidental take of listed species. The regulations for modifying permits and issuing incidental take permits for threatened and endangered species are SUMMARY: E:\FR\FM\24NON1.SGM 24NON1 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 promulgated at 50 CFR 222.306 and at 50 CFR 222.307. Background NMFS issued Permit No. 21516 to Dominion on December 10, 2020 (86 FR 1945). NMFS published notice in the Federal Register on August 2, 2022 (87 FR 47190), that Dominion had requested modification of their ITP to allow for the incidental take of Atlantic sturgeon eggs from the Chesapeake Bay Distinct Population Segment through December 30, 2025, and to modify permit conditions based on anticipated operational changes at the CPS. However, new information regarding take of Atlantic sturgeon eggs at CPS was received after the close of the public comment period. Therefore, Dominion’s request for modification of the ITP to allow for the incidental take of Atlantic sturgeon eggs remains in progress. In the interim, based on the information provided by Dominion and the public comment received, NMFS has modified Permit No. 21516 to: allow entrainment sampling for monitoring to occur at the furthest upriver cooling water intake structure that is operational at CPS at the time monitoring occurs; allow entrainment sampling for monitoring to be paused on the rare occasion that all CPS river circulating pumps are not operating provided that NMFS is notified within 24 hours of Dominion shutting down all water intake at the circulating water pumps, and provided the notification includes information describing the reason(s) for the shutdown and the expected duration of the shutdown; require visual inspections of the cooling water intake structure trash racks (and the immediate area upstream) from September 1 through October 31; require Dominion to annually inspect (i.e., by divers) the intake guards at CPS cooling water intake structures no earlier than March 1 and no later than August 15 to confirm that the guards are intact and capable of excluding any adult Atlantic sturgeon as designed, and make repairs to the guards, as needed, prior to September 1; and require Dominion to clean the trash racks via a mechanical trash rake only as operationally necessary or, in the event a specific intake guard is found to be in jeopardy of not functioning as designed, the trash racks associated with that intact guard must be cleaned via a mechanical trash rake twice per day (once per 12-hour shift during daylight hours) during the fall sturgeon spawning window of September 1 through October 31. Prior to September 1, trash raking must occur at a specific intake guard if it is found to be at risk VerDate Sep<11>2014 21:46 Nov 22, 2023 Jkt 262001 of not functioning as designed and adult Atlantic sturgeon are present in the vicinity of CPS as indicated by the realtime telemetry system. Permit condition IV.C.4.g. has also been corrected to reflect the 8-week period from September through October for each year of the permit. National Environmental Policy Act Issuing an ESA section 10(a)(1)(B) permit constitutes a Federal action requiring NMFS to comply with the National Environmental Policy Act (42 U.S.C. 4321 et seq.) as implemented by 40 CFR parts 1500–1508 and NOAA Administrative Order 216–6A, Compliance with the National Environmental Policy Act (2016). NMFS prepared a Supplemental Information Report explaining why the potential impacts to sturgeon and other resources fall within the scope of the 2020 Environmental Assessment (EA) and Finding of No Significant Impact developed in support of the original permit. We concluded that there would be little change in the impacts from this action, relative to those described in the original EA. Further, we concluded that there are no significant new circumstances or information that would result in changes to the impacts of the permit requirements as considered in the previous analyses. Authority: This notice is provided pursuant to section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6). Dated: November 20, 2023. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–25984 Filed 11–22–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD554] Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The Pacific Fishery Management Council’s (Pacific Council) Coastal Pelagic Species Management Team (CPSMT), Coastal Pelagic Species Advisory Subpanel (CPSAS), and SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 82325 Ecosystem Work Group (EWG) will hold an online public meeting. The online meeting will be held Monday, January 22, 2024, from 1 p.m. to 3 p.m., Pacific Standard Time or until business for the day has been completed. DATES: This meeting will be held online. Specific meeting information, including directions on how to join the meeting and system requirements will be provided in the meeting announcement on the Pacific Council’s website (see www.pcouncil.org). You may send an email to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov) or contact him at (503) 820– 2412 for technical assistance. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384. ADDRESSES: Jessi Doerpinghaus, Staff Officer, Pacific Council; telephone: (503) 820–2415. FOR FURTHER INFORMATION CONTACT: The primary purpose of this online meeting is a work session of the CPSMT, CPSAS, and EWG to discuss matters related to the Pacific Council’s fishery ecosystem plan initiative. No management actions will be decided by the CPSMT, CPSAS, or EWG. CPSMT, CPSAS, or EWG recommendations will be considered by the Pacific Council at the March Pacific Council meeting. The meeting agenda will be available on the Pacific Council’s website in advance of the meeting. Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. SUPPLEMENTARY INFORMATION: Special Accommodations Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov; (503) 820–2412) at least 10 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\24NON1.SGM 24NON1

Agencies

[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Pages 82324-82325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25984]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD548]


Endangered Species; File No. 21516

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Issuance of permit modification.

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SUMMARY: Notice is hereby given that NMFS has issued a modification to 
Incidental Take Permit (ITP; No. 21516) to Virginia Electric and Power 
Company, d.b.a. Dominion Virginia Power (Dominion) pursuant to the 
Endangered Species Act of 1973 (ESA), as amended, for the incidental 
take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) associated 
with the otherwise lawful operation of the Dominion Chesterfield Power 
Station (CPS) in Chesterfield, VA.

ADDRESSES: The modified incidental take permit and other related 
documents are available on the NMFS Office of Protected Resources 
website at https://www.fisheries.noaa.gov/national/endangered-species-conservation/incidental-take-permits.

FOR FURTHER INFORMATION CONTACT: Lynn Lankshear, (978) 282-8473, 
[email protected].

SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations 
prohibits the ``taking'' of a species listed as endangered or 
threatened. The ESA defines ``take'' to mean harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to 
engage in any such conduct. NMFS may issue permits, under limited 
circumstances to take listed species when the take is incidental to, 
and not the purpose of, otherwise lawful activities. Section 
10(a)(1)(B) of the ESA provides for authorizing incidental take of 
listed species. The regulations for modifying permits and issuing 
incidental take permits for threatened and endangered species are

[[Page 82325]]

promulgated at 50 CFR 222.306 and at 50 CFR 222.307.

Background

    NMFS issued Permit No. 21516 to Dominion on December 10, 2020 (86 
FR 1945). NMFS published notice in the Federal Register on August 2, 
2022 (87 FR 47190), that Dominion had requested modification of their 
ITP to allow for the incidental take of Atlantic sturgeon eggs from the 
Chesapeake Bay Distinct Population Segment through December 30, 2025, 
and to modify permit conditions based on anticipated operational 
changes at the CPS. However, new information regarding take of Atlantic 
sturgeon eggs at CPS was received after the close of the public comment 
period. Therefore, Dominion's request for modification of the ITP to 
allow for the incidental take of Atlantic sturgeon eggs remains in 
progress.
    In the interim, based on the information provided by Dominion and 
the public comment received, NMFS has modified Permit No. 21516 to: 
allow entrainment sampling for monitoring to occur at the furthest 
upriver cooling water intake structure that is operational at CPS at 
the time monitoring occurs; allow entrainment sampling for monitoring 
to be paused on the rare occasion that all CPS river circulating pumps 
are not operating provided that NMFS is notified within 24 hours of 
Dominion shutting down all water intake at the circulating water pumps, 
and provided the notification includes information describing the 
reason(s) for the shutdown and the expected duration of the shutdown; 
require visual inspections of the cooling water intake structure trash 
racks (and the immediate area upstream) from September 1 through 
October 31; require Dominion to annually inspect (i.e., by divers) the 
intake guards at CPS cooling water intake structures no earlier than 
March 1 and no later than August 15 to confirm that the guards are 
intact and capable of excluding any adult Atlantic sturgeon as 
designed, and make repairs to the guards, as needed, prior to September 
1; and require Dominion to clean the trash racks via a mechanical trash 
rake only as operationally necessary or, in the event a specific intake 
guard is found to be in jeopardy of not functioning as designed, the 
trash racks associated with that intact guard must be cleaned via a 
mechanical trash rake twice per day (once per 12-hour shift during 
daylight hours) during the fall sturgeon spawning window of September 1 
through October 31. Prior to September 1, trash raking must occur at a 
specific intake guard if it is found to be at risk of not functioning 
as designed and adult Atlantic sturgeon are present in the vicinity of 
CPS as indicated by the real-time telemetry system. Permit condition 
IV.C.4.g. has also been corrected to reflect the 8-week period from 
September through October for each year of the permit.

National Environmental Policy Act

    Issuing an ESA section 10(a)(1)(B) permit constitutes a Federal 
action requiring NMFS to comply with the National Environmental Policy 
Act (42 U.S.C. 4321 et seq.) as implemented by 40 CFR parts 1500-1508 
and NOAA Administrative Order 216-6A, Compliance with the National 
Environmental Policy Act (2016). NMFS prepared a Supplemental 
Information Report explaining why the potential impacts to sturgeon and 
other resources fall within the scope of the 2020 Environmental 
Assessment (EA) and Finding of No Significant Impact developed in 
support of the original permit. We concluded that there would be little 
change in the impacts from this action, relative to those described in 
the original EA. Further, we concluded that there are no significant 
new circumstances or information that would result in changes to the 
impacts of the permit requirements as considered in the previous 
analyses.
    Authority: This notice is provided pursuant to section 10(c) of the 
ESA (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: November 20, 2023.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2023-25984 Filed 11-22-23; 8:45 am]
BILLING CODE 3510-22-P


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