Notice2022-16473
Endangered Species; File No. 21516
Primary source
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Published
August 2, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from Virginia Electric and Power Company, D.B.A. Dominion Virginia Power for modification of an incidental take permit, pursuant to the Endangered Species Act 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 to authorize additional take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) from the Chesapeake Bay Distinct Population Segment.
Full Text
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<title>Federal Register, Volume 87 Issue 147 (Tuesday, August 2, 2022)</title>
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[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Notices]
[Pages 47190-47192]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16473]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC228]
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.
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[[Page 47191]]
SUMMARY: NMFS received a request from Virginia Electric and Power
Company, D.B.A. Dominion Virginia Power for modification of an
incidental take permit, pursuant to the Endangered Species Act 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 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 September 1, 2022.
ADDRESSES: The application is available for download and review at
<a href="https://www.fisheries.noaa.gov/national/endangered-species-conservation/incidental-take-permits">https://www.fisheries.noaa.gov/national/endangered-species-conservation/incidental-take-permits</a> and at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
The application is also available upon request by emailing
<a href="/cdn-cgi/l/email-protection#531f2a3d3d7d1f323d38203b363221133d3c32327d343c25"><span class="__cf_email__" data-cfemail="0e4277606020426f60657d666b6f7c4e60616f6f20696178">[email protected]</span></a>.
Submit your comments by including NOAA-NMFS-2022-0077, by either of
the following methods.
<bullet> Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal.
1. Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter NOAA-NMFS-2022-0077 in the
Search box.
2. Click the ``Comment Now!'' icon, complete the required fields.
3. Enter or attach your comments.
<bullet> Email: Submit information to <a href="/cdn-cgi/l/email-protection#bff3c6d1d191f3ded1d4ccd7dadecdffd1d0dede91d8d0c9"><span class="__cf_email__" data-cfemail="377b4e5959197b56595c445f525645775958565619505841">[email protected]</span></a>.
Instructions: We may not consider comments if they are sent by any
other method, to any other address or individual, or received after the
end of the specified period. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> 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. We will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Lynn Lankshear, (978) 282-8473.
SUPPLEMENTARY INFORMATION: We, NMFS, published notice in the Federal
Register on January 11, 2021 (86 FR 1945), that we had issued an
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 (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 Distinct Population Segment of
Atlantic sturgeon (Chesapeake Bay DPS) based on where CPS is located.
The permit was issued for a duration of 5 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. The best available information supports
that all free-floating sturgeon eggs are non-viable. However, take of
Atlantic sturgeon eggs was not anticipated or authorized in the permit.
Therefore, Dominion is requesting modification of their permit to
authorize the incidental take of up to 36,985 Atlantic sturgeon eggs
belonging to the Chesapeake Bay DPS for the duration of the permit
(i.e., through December 30, 2025). Dominion has also requested several
changes to the permit conditions based on new information and changes
to the cooling water intake operations at CPS.
Background
Section 9 of the Endangered Species Act (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: (1) Allow for the
incidental take of up to 36,985 Atlantic sturgeon eggs from the
Chesapeake Bay DPS through December 30, 2025, based on an average take
of 12,328 (range 3,066-31,968) eggs per high flow event and assuming
three high-flow events over the remainder of the permit; (2) 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; (3) allow entrainment sampling for monitoring to be
paused on the rare occasion that all CPS river circulating pumps are
not operating; (4) require visual inspections of the CWIS trash racks
only from September through October; (5) require Dominion to annually
inspect (i.e., by diver(s)) the intake guards at potentially operating
CPS cooling water intake structures to confirm that the guards are
intact and capable of excluding any adult Atlantic sturgeon as designed
and, as needed based on the dive inspection, make repairs to the guards
in advance of the fall Atlantic sturgeon spawning season; (6) require
Dominion to clean the trash racks only as operationally necessary or,
in the event a unit specific intake guard is found to be in jeopardy of
not functioning as designed, require trash raking at the specific
intake unit twice per day (once per 12-hour shift during daylight
hours) during the fall sturgeon spawning window as identified by the
real-time telemetry system; (7) retain the previously identified
studies for mitigation but revise those, as needed, to include
consideration for the possible seasonal presence of unattached Atlantic
sturgeon eggs in the river as it flows past CPS; (8) revise the
monitoring and reporting requirements to include Atlantic sturgeon
eggs; and (9) correct the current permit condition IV.C.4.g. to reflect
the 8-week time period (i.e., September 1 through October 31) that
Dominion conducts entrainment monitoring for Atlantic sturgeon at CPS.
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 NEPA, we analyzed the impacts of the proposed
modifications of the ITP and the HCP. We prepared a draft Supplemental
Information Report (SIR) that describes why there is no need to
supplement the 2020 EA and FONSI. 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.
[[Page 47192]]
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: July 27, 2022.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022-16473 Filed 8-1-22; 8:45 am]
BILLING CODE 3510-22-P
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