Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices 104105 

Dated: December 17, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–30455 Filed 12–19–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE514] 

Endangered Species; File No. 21516 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

permit modification and request for 

public comments. 

SUMMARY: NMFS received a request from 

Virginia Electric and Power Company, 

doing business as (d.b.a), Dominion 

Virginia Power (Dominion) for 

modification of an incidental take 

permit, pursuant to the Endangered 

Species Act (ESA) for activities 

associated with the otherwise lawful 

continued operation and maintenance of 

the Dominion Chesterfield Power 

Station in Chesterfield, VA. We are 

publishing this notice to inform the 

public that we are considering reissuing the permit, with modifications, 

to authorize additional take of Atlantic 

sturgeon (Acipenser oxyrinchus 

oxyrinchus) from the Chesapeake Bay 

Distinct Population Segment. 

DATES: To allow for timely processing of 

the permit application, we must receive 

your comments no later than January 21, 

2025. 

ADDRESSES: The application is available 

for download and review at https://

www.fisheries.noaa.gov/national/ 

endangered-species-conservation/ 

incidental-take-permits and at https://

www.regulations.gov. The application is 

also available upon request (see FOR

FURTHER INFORMATION CONTACT). 

You may submit comments, identified 

by NOAA–NMFS–2024–0125, by either 

of the following methods. 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal https://

www.regulations.gov and type NOAA– 

NMFS–2024–0125 in the Search box. 

Click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Email: Submit information to 

Lynn.Lankshear@noaa.gov. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the specified period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.) 

confidential business information, or 

otherwise sensitive or protected 

information submitted voluntarily by 

the sender is publicly accessible. NMFS 

will accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Lynn Lankshear, Lynn.Lankshear@

noaa.gov or (978) 282–8473. 

SUPPLEMENTARY INFORMATION: Dominion 

is requesting modification of their 

Incidental Take Permit (ITP) (No. 

21516–01) to include the annual 

incidental capture of up to 18,363 

Atlantic sturgeon eggs for the duration 

of the permit (i.e., through December 30, 

2025). All of the eggs would belong to 

the Chesapeake Bay Distinct Population 

Segment (DPS) of Atlantic sturgeon that 

is listed as endangered. 

Atlantic sturgeon spawn in welloxygenated, flowing freshwater over 

hard substrate with interstitial spaces 

(e.g., gravel, cobble) of tidally-affected 

rivers. Male and female Atlantic 

sturgeon must spawn (i.e., release milt 

and eggs, respectively) in close 

proximity to each other and at the same 

time for fertilization of some eggs to 

occur. The eggs become sticky within 

minutes of being fertilized and adhere to 

the substrate for the relatively short and 

temperature-dependent period of 

development prior to hatching (Ryder 

1888; Dees 1961; Murawski and Pacheco 

1977; Hilton et al. 2016; Siddique et al. 

2016). 

Unfertilized eggs that float away from 

the spawning site are not expected to be 

fertilized at a later time because milt 

released elsewhere by a male sturgeon 

would be quickly dispersed and diluted 

by the flowing river water making a 

chance encounter between an 

unfertilized egg and an Atlantic 

sturgeon sperm cell highly unlikely. 

Male Atlantic sturgeon move to the 

spawning grounds before females and 

then search for or follow females as each 

female moves onto the spawning 

grounds (Hilton et al. 2016; NOAA 

2017; Breece et al. 2021). The scrapes 

and abrasions observed on male Atlantic 

sturgeon captured during the spawning 

season support that, similar to Gulf 

sturgeon (Acipenser oxyrinchus desotoi) 

and other sturgeon species, male 

Atlantic sturgeon rub against the female 

during spawning which induces the 

female to release her eggs at the same 

time as the male is releasing milt (Ryder 

1888; Bruch and Binkowski 2002; Sulak 

and Randall 2009; Sulak 2014; Balazik 

and Musick 2015). The simultaneous 

release of eggs and milt in the same 

location maximizes the number of eggs 

that are fertilized before river currents 

disperse the eggs and dilute the milt. 

Fertilized eggs that do not adhere to 

the substrate or that become dislodged 

from the substrate before hatching are 

not expected to survive because the 

environmental conditions at the 

spawning site are necessary for egg and 

early life stage survival. The hatchedout embryos and the subsequent larvae 

need well-oxygenated freshwater, and 

the substrate used for spawning 

provides interstitial spaces where the 

early life stages shelter from predators 

(Bain et al. 2000; Kynard and Horgan 

2002; Niklitschek and Secor 2009). A 

number of fish species have been 

identified as likely feeding on the early 

Atlantic sturgeon life stages in the James 

River and in the other Chesapeake Bay 

tributaries (Hilton et al. 2016; Bunch et 

al. 2021; Secor et al. 2022). 

As described above, the best available 

information supports that free-floating 

sturgeon eggs are non-viable. However, 

the take of eggs from Atlantic sturgeon 

listed under the ESA is prohibited 

unless authorized in a permit in 

accordance with 50 CFR 222.307 or 

222.308 or exempted in accordance with 

50 CFR 402. 

NMFS published notice in the 

Federal Register on January 11, 2021 

(86 FR 1945), that we had issued an ITP 

(No. 21516) to Dominion pursuant to the 

ESA of 1973, as amended, for the 

incidental take of Atlantic sturgeon 

larvae (Acipenser oxyrinchus 

oxyrinchus) associated with the 

otherwise lawful operation of the 

Dominion Chesterfield Power Station 

(CPS) in Chesterfield, VA. All of the 

larvae would belong to the Chesapeake 

Bay DPS of Atlantic sturgeon based on 

where CPS is located. The permit was 

issued for a duration of five years. 

In September 2021, Dominion 

captured three Atlantic sturgeon eggs 

belonging to the Chesapeake Bay DPS 

while it was carrying out required 

entrainment monitoring at CPS during a 

high river flow event. Take of Atlantic 

sturgeon eggs was not anticipated or 

authorized in the 2021 permit. 

Dominion presumed that the eggs were 

in the vicinity of CPS because of the 

high river flow event. Therefore, 

Dominion requested modification of 

their permit to authorize the incidental 

take of up to 36,985 Atlantic sturgeon 

eggs belonging to the Chesapeake Bay 

DPS during anticipated high river flow 


ddrumheller on DSK120RN23PROD with NOTICES1
104106 Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices 

events that could occur during the 

duration of the permit (i.e., through 

December 30, 2025). Dominion also 

requested several changes to the permit 

conditions based on anticipated 

operational changes at CPS (87 FR 

47190; August 2, 2022). 

NMFS re-issued Permit No. 21516 

with the modified permit conditions for 

operational changes only, because 

Atlantic sturgeon eggs were taken at 

CPS under normal river flow conditions 

after the close of the public comment 

period (88 FR 82324; November 24, 

2023). Therefore, Dominion needed to 

reconsider its presumption that the 

entrainment of sturgeon eggs could only 

occur during high river flow conditions 

and revisit its estimated take of sturgeon 

eggs at CPS before NMFS could proceed 

with Dominion’s permit modification 

request to include take of eggs. 

Background 

Section 9 of the ESA and Federal 

regulations prohibit the ‘‘take’’ of 

Atlantic sturgeon belonging to the 

Chesapeake Bay DPS. 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. However, under section 

10(a)(1)(B) of the ESA, we may issue 

permits to authorize incidental take. 

‘‘Incidental take’’ is defined by the ESA 

as take that is incidental to, and not the 

purpose of, carrying out an otherwise 

lawful activity. Regulations governing 

ITPs for threatened and endangered 

species are found at 50 CFR 222.307. 

Dominion is requesting authorization 

to allow for the incidental take of up to 

36,726 Atlantic sturgeon eggs for the 

duration of the permit (i.e., through 

December 30, 2025), based on an 

average annual take of up to 18,363 

Atlantic sturgeon eggs (95 percent CI = 

4,567¥47,617). All eggs are expected to 

belong to the Chesapeake Bay DPS of 

Atlantic sturgeon, fall spawning 

population, based on the fidelity of 

adults to the spawning river and the 

spawning season. 

Conservation Plan 

Dominion is proposing to mitigate for 

the take of Atlantic sturgeon eggs with 

the same studies that serve as the 

mitigation for the take of Atlantic 

sturgeon larvae, ‘‘Sturgeon Research 

Movement’’ and ‘‘Digital Holography,’’ 

with revisions to the studies as needed. 

National Environmental Policy Act 

In compliance with the National 

Environmental Policy Act (NEPA), we 

analyzed the impacts of the proposed 

modifications of the ITP and the habitat 

conservation permit. We prepared a 

draft Supplemental Information Report 

(SIR) that describes why there is no 

need to supplement the 2020 

environmental assessment and finding 

of no significant impacts. We have made 

the draft SIR available for public 

inspection online (see ADDRESSES). 

We will also evaluate whether 

modification of the permit would 

comply with section 7 of the ESA by 

conducting an intra-Service section 7 

consultation. We will use the results of 

this consultation, in combination with 

the above findings, in our final analysis. 

If the requirements are met, we will 

issue the modified permit to the 

applicant. 

We will publish a record of our final 

action in the Federal Register. 

Authority: This notice is provided 

pursuant to section 10(c) of the ESA (16 

U.S.C. 1531 et seq.) and NEPA 

regulations (40 CFR 1506.6). 

Dated: December 16, 2024. 

Lisa Manning, 

Acting Chief, Endangered Species Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2024–30434 Filed 12–19–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Public Meeting of the Ocean 

Exploration Advisory Board 

AGENCY: Office of Oceanic and 

Atmospheric Research (OAR), National 

Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce (DOC). 

ACTION: Notice of public meeting. 

SUMMARY: This notice sets forth the 

schedule and proposed agenda for a 

meeting of the Ocean Exploration 

Advisory Board (OEAB). OEAB 

members will discuss and provide 

advice on the Federal ocean exploration 

program, with a particular emphasis on 

the topics identified in the section on 

Matters to Be Considered. 

DATES: The announced meeting is 

scheduled for Friday, January 10, 2025 

from 12:30 p.m.–1 p.m. (ET). 

ADDRESSES: This meeting will be held 

virtually. Information about how the 

public can observe virtually will be 

posted to the OEAB website at https:// 

oeab.noaa.gov/. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Turner, Designated Federal 

Officer, Ocean Exploration Advisory 

Board, National Oceanic and 

Atmospheric Administration, 

David.Turner@NOAA.gov or (859) 327– 

9661. 

SUPPLEMENTARY INFORMATION: NOAA 

established the OEAB under the Federal 

Advisory Committee Act (FACA) and 

legislation that gives the agency 

statutory authority to operate an ocean 

exploration program and to coordinate a 

national program of ocean exploration. 

The OEAB advises NOAA leadership on 

strategic planning, exploration 

priorities, competitive ocean 

exploration grant programs, and other 

matters as the NOAA Administrator 

requests. 

OEAB members represent government 

agencies, the private sector, academic 

institutions, and not-for-profit 

institutions involved in all facets of 

ocean exploration—from advanced 

technology to public engagement. 

In addition to advising NOAA 

leadership, NOAA expects the OEAB to 

help to define and develop a national 

program of ocean exploration—a 

network of stakeholders and 

partnerships advancing national 

priorities for ocean exploration. 

Matters To Be Considered: NOAA 

laboratory and program science reviews 

are conducted every five years to 

evaluate the quality, relevance, and 

performance of research conducted in 

NOAA OAR laboratories and programs. 

On October 9–10, 2024, the Ocean 

Exploration Advisory Board conducted 

a five-year program review of the NOAA 

Ocean Exploration program. Three focus 

areas were identified for the review: 

Ensuring a National Program of Ocean 

Exploration; Technological Innovation 

and Application; and, Public 

Engagement and Education. The Board 

will formally convene on January 10, 

2025 to validate and vote on their 

findings, and upon approval, their 

Report of Findings and 

Recommendations will be transmitted to 

the NOAA Administrator and Under 

Secretary of Commerce for Oceans and 

Atmosphere. 

The agenda and other meeting 

materials will be made available on 

the OEAB website at https://oeab.noaa

.gov/. 

Status: The meeting will be held 

virtually and be open to the public via 

remote access. Information on how to 

access the meeting, the agenda, and the 

public comment period schedule will be 

viewable on the OEAB website. 

The OEAB expects that public 

statements at its meetings will not be 

repetitive of previously submitted 

verbal or written statements. In general, 

each individual or group making a 

verbal presentation will be limited to 

three minutes. The Designated Federal 


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