Endangered Species; File No. 21516, 104105-104106 [2024-30434]
Download as PDF
Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Dated: December 17, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
individual, or received after the end of
the specified period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
[FR Doc. 2024–30455 Filed 12–19–24; 8:45 am]
viewing on https://www.regulations.gov
BILLING CODE 3510–22–P
without change. All personal identifying
information (e.g., name, address, etc.)
DEPARTMENT OF COMMERCE
confidential business information, or
otherwise sensitive or protected
National Oceanic and Atmospheric
information submitted voluntarily by
Administration
the sender is publicly accessible. NMFS
will accept anonymous comments (enter
[RTID 0648–XE514]
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Endangered Species; File No. 21516
FOR
FURTHER INFORMATION CONTACT:
AGENCY: National Marine Fisheries
Lynn
Lankshear, Lynn.Lankshear@
Service (NMFS), National Oceanic and
noaa.gov or (978) 282–8473.
Atmospheric Administration (NOAA),
SUPPLEMENTARY INFORMATION: Dominion
Commerce.
ACTION: Notice; receipt of application for is requesting modification of their
Incidental Take Permit (ITP) (No.
permit modification and request for
21516–01) to include the annual
public comments.
incidental capture of up to 18,363
SUMMARY: NMFS received a request from Atlantic sturgeon eggs for the duration
Virginia Electric and Power Company,
of the permit (i.e., through December 30,
doing business as (d.b.a), Dominion
2025). All of the eggs would belong to
Virginia Power (Dominion) for
the Chesapeake Bay Distinct Population
modification of an incidental take
Segment (DPS) of Atlantic sturgeon that
permit, pursuant to the Endangered
is listed as endangered.
Atlantic sturgeon spawn in wellSpecies Act (ESA) for activities
oxygenated, flowing freshwater over
associated with the otherwise lawful
continued operation and maintenance of hard substrate with interstitial spaces
(e.g., gravel, cobble) of tidally-affected
the Dominion Chesterfield Power
rivers. Male and female Atlantic
Station in Chesterfield, VA. We are
sturgeon must spawn (i.e., release milt
publishing this notice to inform the
and eggs, respectively) in close
public that we are considering reproximity to each other and at the same
issuing the permit, with modifications,
time for fertilization of some eggs to
to authorize additional take of Atlantic
occur. The eggs become sticky within
sturgeon (Acipenser oxyrinchus
minutes of being fertilized and adhere to
oxyrinchus) from the Chesapeake Bay
the substrate for the relatively short and
Distinct Population Segment.
DATES: To allow for timely processing of temperature-dependent period of
the permit application, we must receive development prior to hatching (Ryder
your comments no later than January 21, 1888; Dees 1961; Murawski and Pacheco
1977; Hilton et al. 2016; Siddique et al.
2025.
2016).
ADDRESSES: The application is available
Unfertilized eggs that float away from
for download and review at https://
the spawning site are not expected to be
www.fisheries.noaa.gov/national/
fertilized at a later time because milt
endangered-species-conservation/
released elsewhere by a male sturgeon
incidental-take-permits and at https://
www.regulations.gov. The application is would be quickly dispersed and diluted
by the flowing river water making a
also available upon request (see FOR
chance encounter between an
FURTHER INFORMATION CONTACT).
You may submit comments, identified unfertilized egg and an Atlantic
sturgeon sperm cell highly unlikely.
by NOAA–NMFS–2024–0125, by either
Male Atlantic sturgeon move to the
of the following methods.
spawning grounds before females and
• Electronic Submissions: Submit all
then search for or follow females as each
electronic public comments via the
female moves onto the spawning
Federal e-Rulemaking Portal https://
grounds (Hilton et al. 2016; NOAA
www.regulations.gov and type NOAA–
2017; Breece et al. 2021). The scrapes
NMFS–2024–0125 in the Search box.
and abrasions observed on male Atlantic
Click the ‘‘Comment Now!’’ icon,
sturgeon captured during the spawning
complete the required fields, and enter
season support that, similar to Gulf
or attach your comments.
sturgeon (Acipenser oxyrinchus desotoi)
• Email: Submit information to
and other sturgeon species, male
Lynn.Lankshear@noaa.gov.
Atlantic sturgeon rub against the female
Instructions: Comments sent by any
during spawning which induces the
other method, to any other address or
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20:12 Dec 19, 2024
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PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
104105
female to release her eggs at the same
time as the male is releasing milt (Ryder
1888; Bruch and Binkowski 2002; Sulak
and Randall 2009; Sulak 2014; Balazik
and Musick 2015). The simultaneous
release of eggs and milt in the same
location maximizes the number of eggs
that are fertilized before river currents
disperse the eggs and dilute the milt.
Fertilized eggs that do not adhere to
the substrate or that become dislodged
from the substrate before hatching are
not expected to survive because the
environmental conditions at the
spawning site are necessary for egg and
early life stage survival. The hatchedout embryos and the subsequent larvae
need well-oxygenated freshwater, and
the substrate used for spawning
provides interstitial spaces where the
early life stages shelter from predators
(Bain et al. 2000; Kynard and Horgan
2002; Niklitschek and Secor 2009). A
number of fish species have been
identified as likely feeding on the early
Atlantic sturgeon life stages in the James
River and in the other Chesapeake Bay
tributaries (Hilton et al. 2016; Bunch et
al. 2021; Secor et al. 2022).
As described above, the best available
information supports that free-floating
sturgeon eggs are non-viable. However,
the take of eggs from Atlantic sturgeon
listed under the ESA is prohibited
unless authorized in a permit in
accordance with 50 CFR 222.307 or
222.308 or exempted in accordance with
50 CFR 402.
NMFS published notice in the
Federal Register on January 11, 2021
(86 FR 1945), that we had issued an ITP
(No. 21516) to Dominion pursuant to the
ESA of 1973, as amended, for the
incidental take of Atlantic sturgeon
larvae (Acipenser oxyrinchus
oxyrinchus) associated with the
otherwise lawful operation of the
Dominion Chesterfield Power Station
(CPS) in Chesterfield, VA. All of the
larvae would belong to the Chesapeake
Bay DPS of Atlantic sturgeon based on
where CPS is located. The permit was
issued for a duration of five years.
In September 2021, Dominion
captured three Atlantic sturgeon eggs
belonging to the Chesapeake Bay DPS
while it was carrying out required
entrainment monitoring at CPS during a
high river flow event. Take of Atlantic
sturgeon eggs was not anticipated or
authorized in the 2021 permit.
Dominion presumed that the eggs were
in the vicinity of CPS because of the
high river flow event. Therefore,
Dominion requested modification of
their permit to authorize the incidental
take of up to 36,985 Atlantic sturgeon
eggs belonging to the Chesapeake Bay
DPS during anticipated high river flow
E:\FR\FM\20DEN1.SGM
20DEN1
104106
Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices
events that could occur during the
duration of the permit (i.e., through
December 30, 2025). Dominion also
requested several changes to the permit
conditions based on anticipated
operational changes at CPS (87 FR
47190; August 2, 2022).
NMFS re-issued Permit No. 21516
with the modified permit conditions for
operational changes only, because
Atlantic sturgeon eggs were taken at
CPS under normal river flow conditions
after the close of the public comment
period (88 FR 82324; November 24,
2023). Therefore, Dominion needed to
reconsider its presumption that the
entrainment of sturgeon eggs could only
occur during high river flow conditions
and revisit its estimated take of sturgeon
eggs at CPS before NMFS could proceed
with Dominion’s permit modification
request to include take of eggs.
ddrumheller on DSK120RN23PROD with NOTICES1
Background
Section 9 of the ESA and Federal
regulations prohibit the ‘‘take’’ of
Atlantic sturgeon belonging to the
Chesapeake Bay DPS. 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. However, under section
10(a)(1)(B) of the ESA, we may issue
permits to authorize incidental take.
‘‘Incidental take’’ is defined by the ESA
as take that is incidental to, and not the
purpose of, carrying out an otherwise
lawful activity. Regulations governing
ITPs for threatened and endangered
species are found at 50 CFR 222.307.
Dominion is requesting authorization
to allow for the incidental take of up to
36,726 Atlantic sturgeon eggs for the
duration of the permit (i.e., through
December 30, 2025), based on an
average annual take of up to 18,363
Atlantic sturgeon eggs (95 percent CI =
4,567¥47,617). All eggs are expected to
belong to the Chesapeake Bay DPS of
Atlantic sturgeon, fall spawning
population, based on the fidelity of
adults to the spawning river and the
spawning season.
Conservation Plan
Dominion is proposing to mitigate for
the take of Atlantic sturgeon eggs with
the same studies that serve as the
mitigation for the take of Atlantic
sturgeon larvae, ‘‘Sturgeon Research
Movement’’ and ‘‘Digital Holography,’’
with revisions to the studies as needed.
National Environmental Policy Act
In compliance with the National
Environmental Policy Act (NEPA), we
analyzed the impacts of the proposed
modifications of the ITP and the habitat
conservation permit. We prepared a
VerDate Sep<11>2014
21:12 Dec 19, 2024
Jkt 265001
draft Supplemental Information Report
(SIR) that describes why there is no
need to supplement the 2020
environmental assessment and finding
of no significant impacts. We have made
the draft SIR available for public
inspection online (see ADDRESSES).
We will also evaluate whether
modification of the permit would
comply with section 7 of the ESA by
conducting an intra-Service section 7
consultation. We will use the results of
this consultation, in combination with
the above findings, in our final analysis.
If the requirements are met, we will
issue the modified permit to the
applicant.
We will publish a record of our final
action in the Federal Register.
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: December 16, 2024.
Lisa Manning,
Acting Chief, Endangered Species Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2024–30434 Filed 12–19–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Public Meeting of the Ocean
Exploration Advisory Board
Office of Oceanic and
Atmospheric Research (OAR), National
Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice of public meeting.
AGENCY:
This notice sets forth the
schedule and proposed agenda for a
meeting of the Ocean Exploration
Advisory Board (OEAB). OEAB
members will discuss and provide
advice on the Federal ocean exploration
program, with a particular emphasis on
the topics identified in the section on
Matters to Be Considered.
DATES: The announced meeting is
scheduled for Friday, January 10, 2025
from 12:30 p.m.–1 p.m. (ET).
ADDRESSES: This meeting will be held
virtually. Information about how the
public can observe virtually will be
posted to the OEAB website at https://
oeab.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Mr.
David Turner, Designated Federal
Officer, Ocean Exploration Advisory
Board, National Oceanic and
Atmospheric Administration,
SUMMARY:
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
David.Turner@NOAA.gov or (859) 327–
9661.
SUPPLEMENTARY INFORMATION: NOAA
established the OEAB under the Federal
Advisory Committee Act (FACA) and
legislation that gives the agency
statutory authority to operate an ocean
exploration program and to coordinate a
national program of ocean exploration.
The OEAB advises NOAA leadership on
strategic planning, exploration
priorities, competitive ocean
exploration grant programs, and other
matters as the NOAA Administrator
requests.
OEAB members represent government
agencies, the private sector, academic
institutions, and not-for-profit
institutions involved in all facets of
ocean exploration—from advanced
technology to public engagement.
In addition to advising NOAA
leadership, NOAA expects the OEAB to
help to define and develop a national
program of ocean exploration—a
network of stakeholders and
partnerships advancing national
priorities for ocean exploration.
Matters To Be Considered: NOAA
laboratory and program science reviews
are conducted every five years to
evaluate the quality, relevance, and
performance of research conducted in
NOAA OAR laboratories and programs.
On October 9–10, 2024, the Ocean
Exploration Advisory Board conducted
a five-year program review of the NOAA
Ocean Exploration program. Three focus
areas were identified for the review:
Ensuring a National Program of Ocean
Exploration; Technological Innovation
and Application; and, Public
Engagement and Education. The Board
will formally convene on January 10,
2025 to validate and vote on their
findings, and upon approval, their
Report of Findings and
Recommendations will be transmitted to
the NOAA Administrator and Under
Secretary of Commerce for Oceans and
Atmosphere.
The agenda and other meeting
materials will be made available on
the OEAB website at https://oeab.noaa
.gov/.
Status: The meeting will be held
virtually and be open to the public via
remote access. Information on how to
access the meeting, the agenda, and the
public comment period schedule will be
viewable on the OEAB website.
The OEAB expects that public
statements at its meetings will not be
repetitive of previously submitted
verbal or written statements. In general,
each individual or group making a
verbal presentation will be limited to
three minutes. The Designated Federal
E:\FR\FM\20DEN1.SGM
20DEN1
Agencies
[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104105-104106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30434]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE514]
Endangered Species; File No. 21516
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for permit modification and
request for public comments.
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from Virginia Electric and Power
Company, doing business as (d.b.a), Dominion Virginia Power (Dominion)
for modification of an incidental take permit, pursuant to the
Endangered Species Act (ESA) for activities associated with the
otherwise lawful continued operation and maintenance of the Dominion
Chesterfield Power Station in Chesterfield, VA. We are publishing this
notice to inform the public that we are considering re-issuing the
permit, with modifications, to authorize additional take of Atlantic
sturgeon (Acipenser oxyrinchus oxyrinchus) from the Chesapeake Bay
Distinct Population Segment.
DATES: To allow for timely processing of the permit application, we
must receive your comments no later than January 21, 2025.
ADDRESSES: The application is available for download and review at
https://www.fisheries.noaa.gov/national/endangered-species-conservation/incidental-take-permits and at https://www.regulations.gov. The application is also available upon request
(see FOR FURTHER INFORMATION CONTACT).
You may submit comments, identified by NOAA-NMFS-2024-0125, by
either of the following methods.
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal https://www.regulations.gov and type NOAA-NMFS-2024-0125 in the Search box.
Click the ``Comment Now!'' icon, complete the required fields, and
enter or attach your comments.
Email: Submit information to [email protected].
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the specified
period, may not be considered by NMFS. All comments received are a part
of the public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) confidential business
information, or otherwise sensitive or protected information submitted
voluntarily by the sender is publicly accessible. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Lynn Lankshear,
[email protected] or (978) 282-8473.
SUPPLEMENTARY INFORMATION: Dominion is requesting modification of their
Incidental Take Permit (ITP) (No. 21516-01) to include the annual
incidental capture of up to 18,363 Atlantic sturgeon eggs for the
duration of the permit (i.e., through December 30, 2025). All of the
eggs would belong to the Chesapeake Bay Distinct Population Segment
(DPS) of Atlantic sturgeon that is listed as endangered.
Atlantic sturgeon spawn in well-oxygenated, flowing freshwater over
hard substrate with interstitial spaces (e.g., gravel, cobble) of
tidally-affected rivers. Male and female Atlantic sturgeon must spawn
(i.e., release milt and eggs, respectively) in close proximity to each
other and at the same time for fertilization of some eggs to occur. The
eggs become sticky within minutes of being fertilized and adhere to the
substrate for the relatively short and temperature-dependent period of
development prior to hatching (Ryder 1888; Dees 1961; Murawski and
Pacheco 1977; Hilton et al. 2016; Siddique et al. 2016).
Unfertilized eggs that float away from the spawning site are not
expected to be fertilized at a later time because milt released
elsewhere by a male sturgeon would be quickly dispersed and diluted by
the flowing river water making a chance encounter between an
unfertilized egg and an Atlantic sturgeon sperm cell highly unlikely.
Male Atlantic sturgeon move to the spawning grounds before females and
then search for or follow females as each female moves onto the
spawning grounds (Hilton et al. 2016; NOAA 2017; Breece et al. 2021).
The scrapes and abrasions observed on male Atlantic sturgeon captured
during the spawning season support that, similar to Gulf sturgeon
(Acipenser oxyrinchus desotoi) and other sturgeon species, male
Atlantic sturgeon rub against the female during spawning which induces
the female to release her eggs at the same time as the male is
releasing milt (Ryder 1888; Bruch and Binkowski 2002; Sulak and Randall
2009; Sulak 2014; Balazik and Musick 2015). The simultaneous release of
eggs and milt in the same location maximizes the number of eggs that
are fertilized before river currents disperse the eggs and dilute the
milt.
Fertilized eggs that do not adhere to the substrate or that become
dislodged from the substrate before hatching are not expected to
survive because the environmental conditions at the spawning site are
necessary for egg and early life stage survival. The hatched-out
embryos and the subsequent larvae need well-oxygenated freshwater, and
the substrate used for spawning provides interstitial spaces where the
early life stages shelter from predators (Bain et al. 2000; Kynard and
Horgan 2002; Niklitschek and Secor 2009). A number of fish species have
been identified as likely feeding on the early Atlantic sturgeon life
stages in the James River and in the other Chesapeake Bay tributaries
(Hilton et al. 2016; Bunch et al. 2021; Secor et al. 2022).
As described above, the best available information supports that
free-floating sturgeon eggs are non-viable. However, the take of eggs
from Atlantic sturgeon listed under the ESA is prohibited unless
authorized in a permit in accordance with 50 CFR 222.307 or 222.308 or
exempted in accordance with 50 CFR 402.
NMFS published notice in the Federal Register on January 11, 2021
(86 FR 1945), that we had issued an ITP (No. 21516) to Dominion
pursuant to the ESA of 1973, as amended, for the incidental take of
Atlantic sturgeon larvae (Acipenser oxyrinchus oxyrinchus) associated
with the otherwise lawful operation of the Dominion Chesterfield Power
Station (CPS) in Chesterfield, VA. All of the larvae would belong to
the Chesapeake Bay DPS of Atlantic sturgeon based on where CPS is
located. The permit was issued for a duration of five years.
In September 2021, Dominion captured three Atlantic sturgeon eggs
belonging to the Chesapeake Bay DPS while it was carrying out required
entrainment monitoring at CPS during a high river flow event. Take of
Atlantic sturgeon eggs was not anticipated or authorized in the 2021
permit. Dominion presumed that the eggs were in the vicinity of CPS
because of the high river flow event. Therefore, Dominion requested
modification of their permit to authorize the incidental take of up to
36,985 Atlantic sturgeon eggs belonging to the Chesapeake Bay DPS
during anticipated high river flow
[[Page 104106]]
events that could occur during the duration of the permit (i.e.,
through December 30, 2025). Dominion also requested several changes to
the permit conditions based on anticipated operational changes at CPS
(87 FR 47190; August 2, 2022).
NMFS re-issued Permit No. 21516 with the modified permit conditions
for operational changes only, because Atlantic sturgeon eggs were taken
at CPS under normal river flow conditions after the close of the public
comment period (88 FR 82324; November 24, 2023). Therefore, Dominion
needed to reconsider its presumption that the entrainment of sturgeon
eggs could only occur during high river flow conditions and revisit its
estimated take of sturgeon eggs at CPS before NMFS could proceed with
Dominion's permit modification request to include take of eggs.
Background
Section 9 of the ESA and Federal regulations prohibit the ``take''
of Atlantic sturgeon belonging to the Chesapeake Bay DPS. 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. However, under section 10(a)(1)(B) of the ESA, we may issue
permits to authorize incidental take. ``Incidental take'' is defined by
the ESA as take that is incidental to, and not the purpose of, carrying
out an otherwise lawful activity. Regulations governing ITPs for
threatened and endangered species are found at 50 CFR 222.307.
Dominion is requesting authorization to allow for the incidental
take of up to 36,726 Atlantic sturgeon eggs for the duration of the
permit (i.e., through December 30, 2025), based on an average annual
take of up to 18,363 Atlantic sturgeon eggs (95 percent CI = 4,567-
47,617). All eggs are expected to belong to the Chesapeake Bay DPS of
Atlantic sturgeon, fall spawning population, based on the fidelity of
adults to the spawning river and the spawning season.
Conservation Plan
Dominion is proposing to mitigate for the take of Atlantic sturgeon
eggs with the same studies that serve as the mitigation for the take of
Atlantic sturgeon larvae, ``Sturgeon Research Movement'' and ``Digital
Holography,'' with revisions to the studies as needed.
National Environmental Policy Act
In compliance with the National Environmental Policy Act (NEPA), we
analyzed the impacts of the proposed modifications of the ITP and the
habitat conservation permit. We prepared a draft Supplemental
Information Report (SIR) that describes why there is no need to
supplement the 2020 environmental assessment and finding of no
significant impacts. We have made the draft SIR available for public
inspection online (see ADDRESSES).
We will also evaluate whether modification of the permit would
comply with section 7 of the ESA by conducting an intra-Service section
7 consultation. We will use the results of this consultation, in
combination with the above findings, in our final analysis. If the
requirements are met, we will issue the modified permit to the
applicant.
We will publish a record of our final action in the Federal
Register.
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: December 16, 2024.
Lisa Manning,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2024-30434 Filed 12-19-24; 8:45 am]
BILLING CODE 3510-22-P