43224 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 

cannot be issued an incidental take 

authorization. IPHC activity and 

requested take authorization is 

described in Appendix C of AFSC’s 

application. 

Aside from section 6.1 (describing the 

requested take authorization incidental 

to AFSC-conducted activities) and 

Appendix C (describing IPHC activities 

and associated take authorization 

request), the AFSC application is 

unchanged from the version made 

available for review in 2016. 

The requested regulations would be 

valid for five years from the date of 

issuance. The AFSC plans to conduct 

fisheries research surveys in multiple 

geographic regions, including the Gulf 

of Alaska, Bering Sea, and Arctic Ocean. 

The IPHC operates in the Bering Sea, 

Gulf of Alaska, and waters off the U.S. 

west coast. It is possible that marine 

mammals may interact with fishing gear 

(e.g., trawls nets, longlines) used in 

AFSC’s and IPHC’s fisheries research 

projects, resulting in injury, serious 

injury, or mortality. In addition, the 

AFSC operates active acoustic devices 

that have the potential to disturb marine 

mammals. Because the specified 

activities have the potential to take 

marine mammals present within these 

action areas, the AFSC requests 

authorization to take multiple species of 

marine mammal that may occur in these 

areas, incidental to the activities 

planned by AFSC and IPHC. 

Specified Activities 

The Federal Government has a 

responsibility to conserve and protect 

living marine resources in U.S. federal 

waters and has also entered into a 

number of international agreements and 

treaties related to the management of 

living marine resources in international 

waters outside the United States. NOAA 

has the primary responsibility for 

managing marine fin and shellfish 

species and their habitats, with that 

responsibility delegated within NOAA 

to NMFS. 

In order to direct and coordinate the 

collection of scientific information 

needed to make informed management 

decisions, Congress created six Regional 

Fisheries Science Centers, each a 

distinct organizational entity and the 

scientific focal point within NMFS for 

region-based, Federal fisheries-related 

research. This research is aimed at 

monitoring fish stock recruitment, 

abundance, survival and biological 

rates, geographic distribution of species 

and stocks, ecosystem process changes, 

and marine ecological research. The 

AFSC is the research arm of NMFS in 

U.S. waters off of Alaska. 

As noted above, the IPHC is an 

international organization dedicated to 

conducting research in support of 

increasing and maintaining knowledge 

of halibut biology and stock assessment. 

Research is aimed at monitoring fish 

stock recruitment, survival and 

biological rates, abundance and 

geographic distribution of species and 

stocks, and providing other scientific 

information needed to improve our 

understanding of complex marine 

ecological processes. The AFSC and 

IPHC propose to administer and 

conduct these survey programs over the 

five-year period. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning the AFSC’s request (see 

ADDRESSES). NMFS will consider all 

information, suggestions, and comments 

related to the request during the 

development of proposed regulations 

governing the incidental taking of 

marine mammals by the AFSC and 

IPHC, if appropriate. 

Dated: September 11, 2017. 

Catherine Marzin, 

Acting Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2017–19544 Filed 9–13–17; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 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 ‘‘coldstunning’’ 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 coldstunned, 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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES