[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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