82 FR 43224 - Endangered and Threatened Species; File No. 21316

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 177 (September 14, 2017)

Page Range		43224-43225
FR Document		2017-19482

NMFS has received an application from Barney M. Davis L.P. for an incidental take permit, pursuant to the Endangered Species Act (ESA) of 1973, as amended, for Barney M. Davis Power Station in Corpus Christi, TX. The facility monitors the intake canal in an effort to intercept sea turtles prior to their contact with the facility's cooling water intake structure. The facility is requesting the permit be issued for a duration of 10 years. Although the facility has been in operation since 1974, the presence of sea turtles in the intake canal has only occurred during the past 10 years, and is associated with cold-stunning events. Under the proposed action, when a sea turtle is located in the intake canal of the facility, the sea turtle will be collected by Texas Parks and Wildlife Department and held at their nearby facility until the United States Fish and Wildlife Service collects the sea turtles for tagging and rehabilitation at the Animal Rehabilitation Keep prior to release back into the Gulf of Mexico. Although every effort will be made to intercept sea turtles prior to the cooling water intake structure, it is possible that a stunned sea turtle may become impinged on the automatic rake prior to entering the structure. Although unlikely, due to the physical characteristics and operations of the structure, any impingement of turtles would be lethal. NMFS is furnishing this notice in order to allow other agencies and the public an opportunity to review and comment on this document. All comments received will become part of the public record and will be available for review.

Federal Register, Volume 82 Issue 177 (Thursday, September 14, 2017)

[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Pages 43224-43225]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-19482]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF362

Endangered and Threatened Species; File No. 21316

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

ACTION: Notice; receipt of application.

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SUMMARY: NMFS has received an application from Barney M. Davis L.P. for
an incidental take permit, pursuant to the Endangered Species Act (ESA)
of 1973, as amended, for Barney M. Davis Power Station in Corpus
Christi, TX. The facility monitors the intake canal in an effort to
intercept sea turtles prior to their contact with the facility's
cooling water intake structure. The facility is requesting the permit
be issued for a duration of 10 years.
Although the facility has been in operation since 1974, the
presence of sea turtles in the intake canal has only occurred during
the past 10 years, and is associated with cold-stunning events. Under
the proposed action, when a sea turtle is located in the intake canal
of the facility, the sea turtle will be collected by Texas Parks and
Wildlife Department and held at their nearby facility until the United
States Fish and Wildlife Service collects the sea turtles for tagging
and rehabilitation at the Animal Rehabilitation Keep prior to release
back into the Gulf of Mexico. Although every effort will be made to
intercept sea turtles prior to the cooling water intake structure, it
is possible that a stunned sea turtle may become impinged on the
automatic rake prior to entering the structure. Although unlikely, due
to the physical characteristics and operations of the structure, any
impingement of turtles would be lethal.
NMFS is furnishing this notice in order to allow other agencies and
the public an opportunity to review and comment on this document. 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 October 16, 2017.

ADDRESSES: The application is available for download and review at
http://www.nmfs.noaa.gov/pr/permits/esa_review.htm 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) 427-8403; fax (301) 713-4060.
You may submit comments, identified by NOAA-NMFS-2017-0104, 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-2017-0104 click the ``Comment Now'' icon,
complete the required fields, and enter or attach your comments.
Fax: (301) 713-4060; Attn: Ron Dean.
Mail: Submit written comments to Endangered Species
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13535, Silver Spring, MD 20910; Attn: Ron Dean.
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

[[Page 43225]]

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: Ron Dean, (301) 427-8445.

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

Pursuant to the ESA, NMFS reviewed in Barney Davis' December 23,
2015 application, including the conservation plan and analytical
methods for estimating potential takes. After discussions with NMFS,
Barney Davis submitted an updated application on November 4, 2016. NMFS
and the applicant continued discussions, and Barney Davis submitted all
additional information on August 25, 2017 and the application was
considered complete at that time. The duration of the proposed permit
is 10 years.
Barney M. Davis, LP owns Barney M. Davis Power Station (the
facility), a natural gas-fired electric power generating facility. The
facility is located at 4301 Waldron Road, Corpus Christi, Nueces
County, TX. The facility has approximately 1,992 acres of land between
the Laguna Madre and Oso Creek and is comprised of two natural gas
fired combustion turbines.
The facility has a 0.75-mile intake canal into the Laguna Madre
leading to the facility's Cooling Water Intake Structure. The
phenomenon of ``cold-stunning'' occurs to sea turtles in the waters
around the facility's intake structure. During cooler months, sea
turtles in the Laguna Madre cross the entrance of the facility's intake
canal to where water is cooler, and become ``cold-stunned'' and
therefore unable to swim. Once the sea turtles are cold-stunned, they
float into the facility's intake canal, toward the facility. The
facility has experienced an increased occurrence in the number of sea
turtles in the intake canal during the winter months (December-March).
The facility currently coordinates with Texas Parks and Wildlife
Department in the Coastal Conservation Association Marine Development
Center to collect and relocate sea turtles that have migrated into the
intake canal. The facility is applying for an Incidental Take Permit in
accordance with rules established under Section 10(a)(1)(B) of the
Endangered Species Act of 1973.
The permit application is for the incidental take of the North
Atlantic Distinct Population Segment DPS of the ESA-listed threatened
green turtle (Chelonia mydas) and the endangered Kemp's ridley sea
turtle (Lepidochelys kempii). Based on data from the facility from
2012-2016, the proposed takes for any three-year period for the ten-
year duration of the permit is 210 live and 39 dead green sea turtles,
and 3 live Kemp's ridley sea turtles.

Conservation Plan

Section 10 of the ESA specifies that no permit may be issued unless
an applicant submits an adequate habitat conservation plan. The
conservation plan prepared by Barney Davis describes measures designed
to minimize and mitigate the impacts of any incidental takes of ESA-
listed green and Kemp's ridley sea turtles.
The facility has experienced an increased occurrence in the number
of cold-stunned sea turtles in the intake canal during the winter
months and currently coordinates with Texas Parks and Wildlife
Department in the Coastal Conservation Association Marine Development
Center to collect and relocate sea turtles that have migrated into the
intake canal.
The facility utilizes a 0.75-mile cooling water intake canal
leading to the Cooling Water Intake Structure (CWIS) from the Laguna
Madre. To avoid and minimize take of sea turtles, Barney Davis proposes
to have staff visually monitor the area a minimum of four times per
every 12-hour shift. These visual assessments provide staff the
opportunity to identify turtles in the canal prior to them reaching the
intake structure. Facility staff responsible for monitoring the intake
canal will be trained upon hiring, and again annually, on the proper
procedures required for the collection of turtles. Photos of
potentially affected species are available to staff to assist them with
species identification. Staff will be required to measure the length of
the turtles collected to assist in estimating their age.
Barney M. Davis Power Station is an existing facility and there are
no construction activities planned, nor additional funding. Continued
monitoring related to the take of sea turtles will be ongoing and
funding provided through the facility's annual operating budget.

National Environmental Policy Act

This notice is provided pursuant to section 10(c) of the ESA and
the National Environmental Policy Act regulations (40 CFR 1506.6). NMFS
will evaluate the application, associated documents, and submitted
comments to determine whether the application meets the requirements of
the ESA Section 10(a)(1)(B) permitting process. If it is determined
that the requirements are met, a permit will be issued for incidental
takes of ESA-listed threatened Northwest Atlantic Distinct Population
Segment of green turtles and Kemp's ridley sea turtles under the
jurisdiction of NMFS.
Barney Davis evaluated three alternatives to the proposed action:
(1) Seasonal outages of the facility during winter months when the
incidence of take is higher; (2) additional monitoring equipment
located prior to the intake structure; and (3) a ``no action''
alternative. The alternatives considered were determined to either be
unfeasible, or to have no significant impact, or would result in an
increase in adverse effects to sea turtles compared to the activity as
proposed.
The final permit determinations will not be completed until after
the end of the 30-day comment period and will fully consider all public
comments received during the comment period. NMFS will publish a record
of its final action in the Federal Register.

Dated: September 8, 2017.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2017-19482 Filed 9-13-17; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 43225

of the comment period may not be entrance of the facility’s intake canal to potentially affected species are available
considered. All comments received are where water is cooler, and become to staff to assist them with species
a part of the public record and will ‘‘cold-stunned’’ and therefore unable to identification. Staff will be required to
generally be posted for public viewing swim. Once the sea turtles are cold- measure the length of the turtles
on http://www.regulations.gov without stunned, they float into the facility’s collected to assist in estimating their
change. All personal identifying intake canal, toward the facility. The age.
information (e.g., name, address, etc.) facility has experienced an increased
occurrence in the number of sea turtles Barney M. Davis Power Station is an
confidential business information, or
otherwise sensitive information in the intake canal during the winter existing facility and there are no
submitted voluntarily by the sender will months (December–March). The facility construction activities planned, nor
be publicly accessible. We will accept currently coordinates with Texas Parks additional funding. Continued
anonymous comments (enter ‘‘N/A’’ in and Wildlife Department in the Coastal monitoring related to the take of sea
the required fields if you wish to remain Conservation Association Marine turtles will be ongoing and funding
anonymous). Development Center to collect and provided through the facility’s annual
FOR FURTHER INFORMATION CONTACT: Ron relocate sea turtles that have migrated operating budget.
Dean, (301) 427–8445. into the intake canal. The facility is
National Environmental Policy Act
applying for an Incidental Take Permit
SUPPLEMENTARY INFORMATION: Section 9
in accordance with rules established This notice is provided pursuant to
of the ESA and Federal regulations
under Section 10(a)(1)(B) of the section 10(c) of the ESA and the
prohibit the ‘taking’ of a species listed Endangered Species Act of 1973.
as endangered or threatened. The ESA National Environmental Policy Act
The permit application is for the
defines ‘‘take’’ to mean harass, harm, regulations (40 CFR 1506.6). NMFS will
incidental take of the North Atlantic
pursue, hunt, shoot, wound, kill, trap, evaluate the application, associated
Distinct Population Segment DPS of the
capture, or collect, or to attempt to ESA-listed threatened green turtle documents, and submitted comments to
engage in any such conduct. NMFS may (Chelonia mydas) and the endangered determine whether the application
issue permits, under limited Kemp’s ridley sea turtle (Lepidochelys meets the requirements of the ESA
circumstances to take listed species kempii). Based on data from the facility Section 10(a)(1)(B) permitting process. If
incidental to, and not the purpose of, from 2012–2016, the proposed takes for it is determined that the requirements
otherwise lawful activities. Section any three-year period for the ten-year are met, a permit will be issued for
10(a)(1)(B) of the ESA provides for duration of the permit is 210 live and 39 incidental takes of ESA-listed
authorizing incidental take of listed dead green sea turtles, and 3 live threatened Northwest Atlantic Distinct
species. NMFS regulations governing Kemp’s ridley sea turtles. Population Segment of green turtles and
permits for threatened and endangered Kemp’s ridley sea turtles under the
species are promulgated at 50 CFR Conservation Plan
jurisdiction of NMFS.
222.307. Section 10 of the ESA specifies that
no permit may be issued unless an Barney Davis evaluated three
Background alternatives to the proposed action: (1)
applicant submits an adequate habitat
Pursuant to the ESA, NMFS reviewed conservation plan. The conservation Seasonal outages of the facility during
in Barney Davis’ December 23, 2015 plan prepared by Barney Davis winter months when the incidence of
application, including the conservation describes measures designed to take is higher; (2) additional monitoring
plan and analytical methods for minimize and mitigate the impacts of equipment located prior to the intake
estimating potential takes. After any incidental takes of ESA-listed green structure; and (3) a ‘‘no action’’
discussions with NMFS, Barney Davis and Kemp’s ridley sea turtles. alternative. The alternatives considered
submitted an updated application on The facility has experienced an were determined to either be unfeasible,
November 4, 2016. NMFS and the increased occurrence in the number of or to have no significant impact, or
applicant continued discussions, and cold-stunned sea turtles in the intake would result in an increase in adverse
Barney Davis submitted all additional canal during the winter months and effects to sea turtles compared to the
information on August 25, 2017 and the currently coordinates with Texas Parks activity as proposed.
application was considered complete at and Wildlife Department in the Coastal
that time. The duration of the proposed The final permit determinations will
Conservation Association Marine
permit is 10 years. Development Center to collect and not be completed until after the end of
Barney M. Davis, LP owns Barney M. relocate sea turtles that have migrated the 30-day comment period and will
Davis Power Station (the facility), a into the intake canal. fully consider all public comments
natural gas-fired electric power The facility utilizes a 0.75-mile received during the comment period.
generating facility. The facility is cooling water intake canal leading to the NMFS will publish a record of its final
located at 4301 Waldron Road, Corpus Cooling Water Intake Structure (CWIS) action in the Federal Register.
Christi, Nueces County, TX. The facility from the Laguna Madre. To avoid and Dated: September 8, 2017.
has approximately 1,992 acres of land minimize take of sea turtles, Barney Angela Somma,
between the Laguna Madre and Oso Davis proposes to have staff visually
monitor the area a minimum of four Chief, Endangered Species Division, Office
Creek and is comprised of two natural
of Protected Resources, National Marine
asabaliauskas on DSKBBXCHB2PROD with NOTICES

gas fired combustion turbines. times per every 12-hour shift. These
Fisheries Service.
The facility has a 0.75-mile intake visual assessments provide staff the
[FR Doc. 2017–19482 Filed 9–13–17; 8:45 am]
canal into the Laguna Madre leading to opportunity to identify turtles in the
the facility’s Cooling Water Intake canal prior to them reaching the intake BILLING CODE 3510–22–P

Structure. The phenomenon of ‘‘cold- structure. Facility staff responsible for
stunning’’ occurs to sea turtles in the monitoring the intake canal will be
waters around the facility’s intake trained upon hiring, and again annually,
structure. During cooler months, sea on the proper procedures required for
turtles in the Laguna Madre cross the the collection of turtles. Photos of

VerDate Sep<11>2014 16:41 Sep 13, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 E:\FR\FM\14SEN1.SGM 14SEN1

Document Created: 2017-09-13 23:49:16
Document Modified: 2017-09-13 23:49:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; receipt of application.
Contact		Ron Dean, (301) 427-8445.
FR Citation		82 FR 43224
RIN Number		0648-XF36

82 FR 43224 - Endangered and Threatened Species; File No. 21316

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 177 (September 14, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration