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Endangered Species; Permits

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 [Federal Register: December 20, 2000 (Volume 65, Number 245)]
[Notices]
[Page 79808-79809]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de00-42]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 121200I]


Endangered Species; Permits

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

ACTION: Issuance of incidental take permit No.1269.

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SUMMARY: Notice is hereby given that NMFS has issued a permit to
Central Hudson Gas & Electric Corporation (CHGE) / Dynegy Danskammer,
L.L.C. and Dynegy Roseton, L.L.C. that authorizes, subject to certain
conditions set forth therein, take of the Endangered Species Act-listed
shortnose sturgeon, incidental to the operation of the Roseton and
Danskammer Point power plants on the Hudson River, New York.

ADDRESSES: The application and related documents are available for
review in the following office by appointment:
    Endangered Species Division, Office of Protected Resources, NMFS,
1315 East-West Highway, Silver Spring, MD 20910 or Protected Resources
Division, F/NER3, One Blackburn Dr., Gloucester, MA 01930 (phone: 978-
281-9328, fax: 978-281-9394).

FOR FURTHER INFORMATION CONTACT: Donna Brewer, Silver Spring, MD,
phone: 301-713-1401; fax: 301-173-0376; e-mail: Donna.Brewer@noaa.gov
or Mary Colligan, Gloucester, MA, phone: 978-281-9116; fax: 978-281-
9394; e-mail: Mary.A.Colligan@noaa.gov.

SUPPLEMENTARY INFORMATION: The permit was issued under the authority of
section 10(a)(1)(B) of the Endangered Species Act of 1973 (ESA)(16
U.S.C. 1531-1543) and the NMFS regulations governing ESA-listed fish
and wildlife Permits (50 CFR parts 222-227). Issuance is based on a
finding that such permits: (1) are applied for in good faith; (2) would
not operate to the disadvantage of the listed species which are the
subject of the permit; and (3) are consistent with the purposes and
policies set forth in section 2 of the ESA. Authority to take listed
species is subject to conditions set forth in the permit.

[[Page 79809]]

    The covered activities include the operation of the two power
plants on the Hudson River as described in the ``Conservation Plan for
the Incidental Take of Shortnose Sturgeon at the Roseton and Danskammer
Point Generating Stations'' and in the Environmental Assessment.
    The publication on August 9, 2000 (65 FR 48677), notified that an
application had been filed by CHGE for a permit to incidentally take
endangered shortnose sturgeon from the Hudson River distinct population
segment of shortnose sturgeon at the Roseton and Danskammer Point power
plants on the Hudson River. CHGE submitted an application including a
Conservation Plan (CP) on April 20, 2000. The CP describes measures
designed to avoid, minimize, mitigate, and monitor the incidental take
of shortnose sturgeon associated with operation of the Roseton and
Danskammer Point power plants. The decision to issue a permit for the
activities as described in the CP is based on a thorough review of the
alternatives and of their environmental consequences. The terms and
conditions of this permit ensure that the incidental take of shortnose
sturgeon through the operation of Roseton and Danskammer Point power
plants will not appreciably reduce the likelihood of the survival and
recovery of shortnose sturgeon in the Hudson River.
    NMFS staff worked with CHGE during the development of the
application. During these discussions, CHGE said that the plants would
likely be sold to a new owner. Following submission of the application
materials, CHGE notified NMFS that it had entered into an agreement to
sell Danskammer and Roseton Power Plants to Dynegy. The only commenter
on the draft Conservation Plan (CP), Implementing Agreement (IA) and
Environmental Assessment (EA) also was aware of the sale and attached a
copy of a press release from CHGE announcing the pending sale to
Dynegy. The parties plan to complete the sale by the end of the year.
NMFS has now been officially informed by CHGE that the buyer will be
Dynegy Danskammer, L.L.C. and Dynegy Roseton, L.L.C. Both CHGE and
Dynegy have requested that Dynegy be added as a co-applicant and co-
permittee in this permit issuance process, as provided for in NMFS'
regulations. As explained in correspondence from CHGE and Dynegy;
Dynegy Danskammer, L.L.C. and Dynegy Roseton, L.L.C. are willing to
agree to all of the terms and conditions included in the Conservation
Plan submitted by CHGE, the IA, and the permit.
    Issuance of the permit was based on a finding that CHGE and Dynegy
Danskammer, L.L.C. and Dynegy Roseton, L.L.C. had met the permit
issuance criteria of 50 CFR 222.307(c). Permit 1269, issued on November
29, 2000, expires on December 31, 2015.

    Dated: December 14, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 00-32422 Filed 12-19-00; 8:45 am]
BILLING CODE: 3510-22-S

 
 

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