Notice2026-17938
Endangered Species; File No. 21316
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2026
Effective
August 31, 2030
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
On August 4, 2020, under the Endangered Species Act (ESA), the NMFS issued an incidental take permit (ITP) to Barney Davis, LLC, authorizing take of threatened green sea turtles (Chelonia mydas; North Atlantic distinct population segment) and endangered Kemp's ridley sea turtles (Lepidochelys kempii) incidental to otherwise lawful activities associated with the operation of the Barney Davis Energy Center (the Center), located in Corpus Christi, TX. Subsequently, CPS Energy acquired ownership and operational control of the Center. Notice is hereby given that NMFS has transferred ITP No. 21316 to CPS Energy.
Full Text
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<title>Federal Register, Volume 91 Issue 169 (Wednesday, September 2, 2026)</title>
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[Federal Register Volume 91, Number 169 (Wednesday, September 2, 2026)]
[Notices]
[Pages 56428-56429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17938]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF616]
Endangered Species; File No. 21316
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; transfer and issuance of incidental take permit.
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SUMMARY: On August 4, 2020, under the Endangered Species Act (ESA), the
NMFS issued an incidental take permit (ITP) to Barney Davis, LLC,
authorizing take of threatened green sea turtles (Chelonia mydas; North
Atlantic distinct population segment) and endangered Kemp's ridley sea
turtles (Lepidochelys kempii) incidental to otherwise lawful activities
associated with the operation of the Barney Davis Energy Center (the
Center), located in Corpus Christi, TX. Subsequently, CPS Energy
acquired ownership and operational control of the Center. Notice is
hereby given that NMFS has transferred ITP No. 21316 to CPS Energy.
DATES: This ITP is effective through August 31, 2030.
ADDRESSES: The ITP, conservation plan, and transfer agreement, along
with other related documents, are available on the NMFS Office of
Protected Resources website at <a href="https://www.fisheries.noaa.gov/action/incidental-take-permit-barney-davis-llc">https://www.fisheries.noaa.gov/action/incidental-take-permit-barney-davis-llc</a>.
FOR FURTHER INFORMATION CONTACT: NMFS Office of Protected Resources,
Kim Corcoran at <a href="/cdn-cgi/l/email-protection#80ebe9edaee3eff2e3eff2e1eec0eeefe1e1aee7eff6"><span class="__cf_email__" data-cfemail="cfa4a6a2e1aca0bdaca0bdaea18fa1a0aeaee1a8a0b9">[email protected]</span></a>, (301) 427-8453, or Celeste Stout
at <a href="/cdn-cgi/l/email-protection#f8bb9d949d8b8c9dd6ab8c978d8cb896979999d69f978e"><span class="__cf_email__" data-cfemail="eead8b828b9d9a8bc0bd9a819b9aae80818f8fc0898198">[email protected]</span></a> or (301) 427-8436.
SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations
prohibit 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 incidental to, and not the purpose of, otherwise
lawful activities. Section 10(a)(1)(B) of the ESA provides a mechanism
for authorizing incidental take of listed species. NMFS regulations
governing permits for threatened and endangered species are located in
50 CFR 222.307.
Section 222.305(a), as revised, allows for the transferability of
permits issued under 50 CFR parts 222, 223, and 224 through a joint
submission by the permittee and the proposed transferee provided that
NMFS determines in writing that the proposed transferee: (1) meets all
qualifications for holding a permit; (2) has provided adequate written
assurances that it will provide sufficient funding for the conservation
plan or other agreement or plan associated with the permit and will
implement the relevant terms and conditions of the permit, including
any outstanding minimization and mitigation requirements; and (3) has
provided such other information as NMFS determines is relevant to
process the transfer.
Background
NMFS issued an ITP to Barney Davis, LLC, on August 4, 2020, for the
incidental take of threatened green sea turtles (Chelonia mydas; North
Atlantic distinct population segment) and endangered Kemp's ridley sea
turtles (Lepidochelys kempii) during the conduct of otherwise lawful
activities associated with the operation of the Center, located in
Corpus Christi, TX. The ITP was issued for 10 years and expires on
August 31, 2030. Please see the Federal Register notification (85 FR
48508, August 11, 2020) for additional details regarding the ITP and
the covered activities.
On November 19, 2024, Barney Davis, LLC and CPS Energy submitted a
joint request to transfer ITP No. 21316 from Barney Davis, LLC to CPS
Energy. This transfer request was due to CPS Energy's acquisition of
ownership and operational control of the Center on December 4, 2024.
CPS Energy has formally confirmed that it meets all statutory and
regulatory qualifications for holding the ITP, as outlined in 50 CFR
parts 222. This includes providing written assurance of sufficient
funding for the permit's associated Conservation Plan and a commitment
to implement the permit's relevant terms and conditions, including any
minimization and mitigation requirements, upon acquisition of the
Center. NMFS reviewed and accepted the signed
[[Page 56429]]
transfer agreement on December 23, 2024.
Notice is hereby given that, on April 23, 2026, as authorized by
the provisions of the ESA, the NMFS issued ITP (No. 21316) to CPS
Energy subject to certain conditions set forth therein.
Authority
This notice is provided by NMFS under the authority of the
Endangered Species Act (16 U.S.C. 1531 et seq.), and the regulations
governing the transfer of incidental take permits (50 CFR 222.305).
Additionally, the notice complies with the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) as implemented by the NOAA
Administrative Order 216-6A, Policy and Procedures for Compliance with
the National Environmental Policy Act and Related Authorities (2025).
Dated: August 28, 2026.
Kimberly Damon-Randall
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-17938 Filed 9-1-26; 8:45 am]
BILLING CODE 3510-22-P
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