Notice2025-20166
Endangered Species; File No. 21516
Primary source
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Published
November 18, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that NMFS has issued a modification to Incidental Take Permit (ITP) (No. 21516-01) 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 (Acipenser oxyrinchus oxyrinchus) associated with the otherwise lawful operation of the Dominion Chesterfield Power Station (CPS) in Chesterfield, VA.
Full Text
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<title>Federal Register, Volume 90 Issue 220 (Tuesday, November 18, 2025)</title>
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[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Notices]
[Pages 51663-51664]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20166]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF154]
Endangered Species; File No. 21516
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; 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. 21516-01) 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 (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 <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>.
FOR FURTHER INFORMATION CONTACT: Lynn Lankshear, (978) 282-8473,
<a href="/cdn-cgi/l/email-protection#f5b98c9b9bdbb9949b9e869d909487b59b9a9494db929a83"><span class="__cf_email__" data-cfemail="b4f8cddada9af8d5dadfc7dcd1d5c6f4dadbd5d59ad3dbc2">[email protected]</span></a>.
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
promulgated at 50 CFR 222.306 and at 50 CFR 222.307.
Background
NMFS issued Permit No. 21516 to Dominion, published on January 11,
2021 (86 FR 1945). NMFS subsequently re-issued the permit with modified
permit conditions for operational changes (88 FR 82324; November 24,
2023). NMFS published notice in the Federal Register on December 20,
2024, that Dominion had requested further modification of their ITP to
allow for the incidental take of eggs from the Chesapeake Bay Distinct
Population Segment (DPS) of Atlantic sturgeon (89 FR 104105). NMFS has
modified Permit No. 21516-01 to authorize the take by entrainment of up
to 18,363 eggs per year belonging to the Chesapeake Bay DPS of Atlantic
sturgeon. All of the eggs will be free-floating, non-viable eggs, prior
to their entrainment at CPS.
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 (NEPA; 42 U.S.C. 4321 et seq.) as implemented by 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.).
[[Page 51664]]
Dated: November 13, 2025.
Michael Pentony,
Regional Administrator, Greater Atlantic Regional Fisheries Office,
National Marine Fisheries Service.
[FR Doc. 2025-20166 Filed 11-17-25; 8:45 am]
BILLING CODE 3510-22-P
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