FR 2021-00303

Overview

Title

Endangered Species; File No. 21516

Agencies

ELI5 AI

Dominion, a power company, got permission to do some work at their station that might accidentally harm a few tiny baby fish called Atlantic sturgeon, but they've promised to keep the adult fish safe and have people watching to make sure they follow the rules.

Summary AI

The National Marine Fisheries Service (NMFS) issued an Incidental Take Permit to Virginia Electric and Power Company, also known as Dominion Virginia Power. This permit allows Dominion to accidentally impact a specific number of Atlantic sturgeon larvae during their lawful operations at the Chesterfield Power Station over five years. The permit includes safety standards and monitoring plans to minimize harm to the sturgeon. Although this includes impacting up to an estimated total of 54,745 larvae, measures are in place to ensure that adult sturgeon are not harmed, and NMFS will oversee monitoring and reporting of any sturgeon impacts.

Abstract

Notice is hereby given that NMFS has issued an Incidental Take Permit (ITP) (No. 21516) to Virginia Electric and Power Company, D.B.A. Dominion Virginia Power (Dominion) pursuant to the Endangered Species Act (ESA) of 1973, as amended, for the incidental take of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) associated with the otherwise lawful operation of the Dominion Chesterfield Power Station (CPS) in Chesterfield, VA. The permit is issued for a duration of 5 years.

Type: Notice
Citation: 86 FR 1945
Document #: 2021-00303
Date:
Volume: 86
Pages: 1945-1947

AnalysisAI

The Federal Register document titled "Endangered Species; File No. 21516" outlines the issuance of an Incidental Take Permit (ITP) by the National Marine Fisheries Service (NMFS) to the Virginia Electric and Power Company (Dominion Virginia Power). This permit permits the incidental impact on a specific number of Atlantic sturgeon larvae due to the power company's operations at the Chesterfield Power Station in Virginia over a period of five years.

General Summary

The primary purpose of the document is to announce the granting of a permit that allows for the incidental take of Atlantic sturgeon, a species listed as endangered under the Endangered Species Act (ESA). The permit has a stringent condition: it should not purposefully harm the sturgeon but only account for accidental impacts that might occur during normal power station operations. The document details the conservation measures Dominion must follow to minimize harm and stipulates monitoring requirements to ensure compliance.

Significant Issues and Concerns

Several issues arise from the document's technical nature and its implications:

  • Complex Language: The document uses technical jargon and scientific data references that may be challenging for the general public to grasp fully. This complexity might limit its comprehensibility to individuals without a background in environmental law or marine biology, possibly reducing transparency about the permit's environmental impact.

  • Differences in Public Comments: Critics might express concern as the document discusses public comments, mostly focusing on those against the permit, yet concludes with the issuance of the permit. This could lead to questions about the consideration of opposing viewpoints.

  • External References: The document makes references to studies and data from Virginia Commonwealth University and other agencies without detailed summaries, leaving it up to the reader to verify the data independently.

Public Broad Impact

This document significantly affects public interests concerning environmental conservation and energy production. On the one hand, it addresses important conservation issues by setting parameters to protect an endangered species while allowing legal industrial activity to proceed. On the other hand, it demonstrates how regulatory frameworks balance ecological protection with the needs of industrial operations.

Stakeholder Impacts

  • Environmental Groups: Environmental organizations may view the permit with skepticism, concerned about whether sufficient measures are in place to protect the Atlantic sturgeon. They could argue that the terms may not do enough to prevent harm to this vulnerable species and may scrutinize Dominion's future compliance.

  • Dominion Virginia Power: For Dominion, this permit is critical for continuing operations at the Chesterfield Power Station. It provides legal protection under the ESA and outlines the steps necessary to maintain environmental compliance—a valuable framework for operational planning and public accountability.

  • Local Community: The local community in Chesterfield and surrounding areas might be interested in how the power station's operations impact the James River ecosystem, balancing job security and local energy production with environmental stewardship.

In summary, while the document articulates a regulatory decision balancing industrial operation with conservation efforts, it also raises questions about environmental impact, transparency, and the rigor of conservation obligations. Such documents are pivotal in showcasing governmental approaches to reconciliation between ecological concerns and economic imperatives, using legal structures as mediating frameworks.

Issues

  • • The document is lengthy and contains very detailed technical language which might be difficult for the general public to understand fully, especially regarding the scientific studies and procedures involved.

  • • The discussion of the Habitat Conservation Plan (HCP) and related scientific studies relies heavily on specific scientific data without providing simplified summaries. This might make it less accessible to a broader audience.

  • • Some parts of the document refer to external documents or data (like those conducted by Virginia Commonwealth University) without providing summaries or direct information, potentially making it difficult for the reader to assess the appropriateness of the data.

  • • The document mentions the potential issuance of permits related to dredging and shoreline maintenance without clear information on under what circumstances these would be required or likely to occur.

  • • Potential perceived bias could arise since comments against granting the permit were discussed in greater detail than those in favor, but ultimately the permit was still granted.

  • • The language is technical and involves numerous specific references to various acts, codes, and research studies, which might require readers to have prior knowledge or access to these references to fully understand the implications.

  • • The complexity of the legal and procedural explanations might obscure the transparency on the direct environmental impact the permit might have on the local sturgeon population and ecosystem.

Statistics

Size

Pages: 3
Words: 3,194
Sentences: 105
Entities: 307

Language

Nouns: 1,042
Verbs: 351
Adjectives: 212
Adverbs: 67
Numbers: 77

Complexity

Average Token Length:
5.03
Average Sentence Length:
30.42
Token Entropy:
5.59
Readability (ARI):
21.45

Reading Time

about 12 minutes