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 VerDate Sep<11>2014 20:12 Dec 19, 2024 Jkt 265001 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

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.