[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Notices]
[Pages 33924-33925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15053]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[0648-XR015]
Endangered Species; File No. 23148
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application.
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SUMMARY: Notice is hereby given that Eddystone Generating Station has
applied in due form for a permit pursuant to the Endangered Species Act
of 1973, as amended (ESA). The permit application is for the incidental
take of ESA-listed shortnose (Acipenser brevirostrum) and Atlantic
sturgeon (A. oxyrinchus) associated with the otherwise lawful operation
and maintenance of the facility. The duration of the proposed permit is
10 years. NMFS is furnishing this notice in order to allow other
agencies and the public an opportunity to review and comment on the
application materials. All comments received will become part of the
public record and will be available for review.
DATES: Written comments must be received at the appropriate address or
fax number (see ADDRESSES) on or before August 15, 2019.
ADDRESSES: The application is available for download and review at
https://www.fisheries.noaa.gov/action/incidental-take-permit-eddystone-generating-station under the section heading ESA Section 10(a)(1)(B)
Permits and Applications. The application is also available upon
written request or by appointment in the following office: Endangered
Species Conservation Division, Office of Protected Resources, NMFS,
1315 East-West Highway, Room 13752, Silver Spring, MD 20910; phone
(301) 427-8402; fax (301) 713-4060.
You may submit comments, identified by NOAA-NMFS-2019-0076, by any
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0076 click the ``Comment Now'' icon,
complete the required fields, and enter or attach your comments.
Fax: (301) 713-4060; Attn: Celeste Stout.
Mail: Submit written comments to Endangered Species
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13631, Silver Spring, MD 20910; Attn: Celeste Stout.
Instructions: You must submit comments by one of the above methods
to ensure that we receive, document, and consider them. Comments sent
by any other method, to any other address or individual, or received
after the end of the comment period may not be considered. All comments
received are a part of the public record and will generally be posted
for public viewing on http://www.regulations.gov without change. All
personal identifying information (e.g., name, address, etc.)
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. We
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Celeste Stout, Phone: (301) 427-8436
or Email: [email protected].
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 for
authorizing incidental take of listed species. NMFS regulations
governing permits for threatened and endangered species are promulgated
at 50 CFR 222.307.
Background
NMFS received a draft permit application from Eddystone Generating
Station (``Eddystone'') on June 28, 2018. Based on our review of the
draft application, we requested further information and clarification.
On December 21, 2018, Eddystone submitted an application. Based on
review of the application, NMFS and Eddystone held further discussions
regarding what needed to be incorporated in the Habitat Conservation
Plan (HCP). On June 21, 2019, Eddystone submitted a revised and
complete application for the take of ESA-listed shortnose sturgeon and
Atlantic sturgeon (New York Bight Distinct Population Segments) due to
the operation of the cooling water intake structure (CWIS) and vessel
activity associated with fuel delivery to the station.
Eddystone is requesting a total annual incidental take of shortnose
and Atlantic sturgeon as follows:
Entrainment--An annual take limit of 3 Atlantic sturgeon larvae in
entrainment sampling, commensurate with an annual take estimate of 3
age-1 equivalents;
Impingement--An annual take limit of three young-of-the-year (YOY)
or older Atlantic sturgeon collected in impingement sampling,
commensurate with an annual take estimate of seven YOY or older
Atlantic sturgeon. And an annual take limit of three YOY or older
shortnose sturgeon collected in impingement sampling, commensurate with
an annual take estimate of seven YOY or older shortnose sturgeon; and
Interactions with Vessel Activity due to Oil Deliveries--A ten-year
take limit for vessel activity of one Atlantic sturgeon. The first
three-years of monitoring data collected under the permit will be
analyzed to verify the requested total annual incidental take. As data
are gathered and analyzed through monitoring, NMFS will amend the
permit to reflect any changes in the take estimate, if appropriate.
Conservation Plan
Section 10 of the ESA specifies that no permit may be issued unless
an applicant submits an adequate conservation plan. The conservation
plan prepared by Eddystone describes measures designed to minimize and
mitigate the impacts of any incidental take of ESA-listed shortnose and
Atlantic sturgeon. To avoid and minimize take of sturgeon, Exelon will
only operate Eddystone's circulating
[[Page 33925]]
water pumps (CWPs): (1) When the station is generating electricity; and
(2) for incidental maintenance or testing (generally once per month)
(referred to collectively as ``Essential Station Operations''); or as
required by a governmental agency or other entity with jurisdiction to
require operations. Depending on station generation and ambient water
temperatures, Exelon will also limit operations to one CWP per unit
when possible. In addition, Exelon will rely on the river water pumps
(RWPs) to provide cooling water for other critical station operations
outside of Essential Station Operations. These measures will avoid and
minimize the incidental take of sturgeon due to entrainment or
impingement by eliminating or reducing water withdrawals at times when
such withdrawals are not specifically required for Essential Station
Operations or for governmental agency-mandated use. Additionally,
Exelon will make all reasonable efforts to schedule fuel oil deliveries
outside March 15-July 15.
Eddystone considered and rejected six alternatives: (1) Closed-
Cycle Cooling; (2) Fine-Mesh Modified Ristroph Traveling Screens; (3)
Cylindrical Wedgewire Screens; (4) Variable Speed Pumps; (5) Modified
Ristroph Traveling Screens with a Fish Handling and Return System; and
(6) Rail or Tanker Truck Delivery of Fuel Oil. The alternatives
considered were determined to either be unfeasible, or to have no
significant impact, or would result in an increase in adverse effects
compared to the activity as proposed.
Eddystone is an existing facility and there are no construction
activities planned, nor additional funding. Continued monitoring
related to the take of shortnose and Atlantic sturgeon will be ongoing
and funding will be provided through the facility's annual operating
budget.
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 40 CFR parts 1500-
1508 and NOAA Administrative Order 216-6, Environmental Review
Procedures for Implementing the National Policy Act (1999). NMFS
intends to prepare an Environmental Assessment to consider a range of
reasonable alternatives and fully evaluate the direct, indirect, and
cumulative impacts likely to result from issuing a permit.
Next Steps
This notice is provided pursuant to section 10(c) of the ESA. NMFS
will evaluate the application, associated documents, and comments
received during the comment period to determine whether the application
meets the requirements of section 10(a) of the ESA. If NMFS determines
that the requirements are met, a permit will be issued for incidental
takes of ESA-listed sturgeon. The final NEPA and permit determinations
will not be made until after the end of the comment period. NMFS will
publish a record of its final action in the Federal Register.
Dated: July 11, 2019.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2019-15053 Filed 7-15-19; 8:45 am]
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