[Federal Register Volume 65, Number 245 (Wednesday, December 20, 2000)]
[Notices]
[Pages 79808-79809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32422]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 121200I]


Endangered Species; Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Issuance of incidental take permit No.1269.

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SUMMARY: Notice is hereby given that NMFS has issued a permit to 
Central Hudson Gas & Electric Corporation (CHGE) / Dynegy Danskammer, 
L.L.C. and Dynegy Roseton, L.L.C. that authorizes, subject to certain 
conditions set forth therein, take of the Endangered Species Act-listed 
shortnose sturgeon, incidental to the operation of the Roseton and 
Danskammer Point power plants on the Hudson River, New York.

ADDRESSES: The application and related documents are available for 
review in the following office by appointment:
    Endangered Species Division, Office of Protected Resources, NMFS, 
1315 East-West Highway, Silver Spring, MD 20910 or Protected Resources 
Division, F/NER3, One Blackburn Dr., Gloucester, MA 01930 (phone: 978-
281-9328, fax: 978-281-9394).

FOR FURTHER INFORMATION CONTACT: Donna Brewer, Silver Spring, MD, 
phone: 301-713-1401; fax: 301-173-0376; e-mail: [email protected] 
or Mary Colligan, Gloucester, MA, phone: 978-281-9116; fax: 978-281-
9394; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The permit was issued under the authority of 
section 10(a)(1)(B) of the Endangered Species Act of 1973 (ESA)(16 
U.S.C. 1531-1543) and the NMFS regulations governing ESA-listed fish 
and wildlife Permits (50 CFR parts 222-227). Issuance is based on a 
finding that such permits: (1) are applied for in good faith; (2) would 
not operate to the disadvantage of the listed species which are the 
subject of the permit; and (3) are consistent with the purposes and 
policies set forth in section 2 of the ESA. Authority to take listed 
species is subject to conditions set forth in the permit.

[[Page 79809]]

    The covered activities include the operation of the two power 
plants on the Hudson River as described in the ``Conservation Plan for 
the Incidental Take of Shortnose Sturgeon at the Roseton and Danskammer 
Point Generating Stations'' and in the Environmental Assessment.
    The publication on August 9, 2000 (65 FR 48677), notified that an 
application had been filed by CHGE for a permit to incidentally take 
endangered shortnose sturgeon from the Hudson River distinct population 
segment of shortnose sturgeon at the Roseton and Danskammer Point power 
plants on the Hudson River. CHGE submitted an application including a 
Conservation Plan (CP) on April 20, 2000. The CP describes measures 
designed to avoid, minimize, mitigate, and monitor the incidental take 
of shortnose sturgeon associated with operation of the Roseton and 
Danskammer Point power plants. The decision to issue a permit for the 
activities as described in the CP is based on a thorough review of the 
alternatives and of their environmental consequences. The terms and 
conditions of this permit ensure that the incidental take of shortnose 
sturgeon through the operation of Roseton and Danskammer Point power 
plants will not appreciably reduce the likelihood of the survival and 
recovery of shortnose sturgeon in the Hudson River.
    NMFS staff worked with CHGE during the development of the 
application. During these discussions, CHGE said that the plants would 
likely be sold to a new owner. Following submission of the application 
materials, CHGE notified NMFS that it had entered into an agreement to 
sell Danskammer and Roseton Power Plants to Dynegy. The only commenter 
on the draft Conservation Plan (CP), Implementing Agreement (IA) and 
Environmental Assessment (EA) also was aware of the sale and attached a 
copy of a press release from CHGE announcing the pending sale to 
Dynegy. The parties plan to complete the sale by the end of the year. 
NMFS has now been officially informed by CHGE that the buyer will be 
Dynegy Danskammer, L.L.C. and Dynegy Roseton, L.L.C. Both CHGE and 
Dynegy have requested that Dynegy be added as a co-applicant and co-
permittee in this permit issuance process, as provided for in NMFS' 
regulations. As explained in correspondence from CHGE and Dynegy; 
Dynegy Danskammer, L.L.C. and Dynegy Roseton, L.L.C. are willing to 
agree to all of the terms and conditions included in the Conservation 
Plan submitted by CHGE, the IA, and the permit.
    Issuance of the permit was based on a finding that CHGE and Dynegy 
Danskammer, L.L.C. and Dynegy Roseton, L.L.C. had met the permit 
issuance criteria of 50 CFR 222.307(c). Permit 1269, issued on November 
29, 2000, expires on December 31, 2015.

    Dated: December 14, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-32422 Filed 12-19-00; 8:45 am]
BILLING CODE: 3510-22-S