Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Power Plant Operations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 970703165-7165-01; I.D. 062397A]

RIN 0648-AK00

Taking and Importing Marine Mammals; Taking Marine Mammals

Incidental to Power Plant Operations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of a petition for regulations and an

application for a small take exemption; request for comment and

information.

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SUMMARY: NMFS has received an application for a small take exemption

and implementing regulations from North Atlantic Energy Service

Corporation for a small take of marine mammals incidental to routine

operations of the Seabrook Station nuclear power plant, Seabrook, NH.

As a result of that application, NMFS is considering whether to propose

regulations that would authorize the incidental taking of a small

number of marine mammals. In order to promulgate these regulations,

NMFS must determine that these takings will have a negligible impact on

the affected species and stocks of marine mammals. NMFS invites comment

on the application and suggestions on the structure and content of

regulations if the application is accepted.

DATES: Comments and information must be postmarked no later than August

25, 1997.

ADDRESSES: Comments should be addressed to Chief, Marine Mammal

Division, Office of Protected Resources, NMFS, 1315 East-West Highway,

Silver Spring, MD 20910-3226. A copy of the application may be obtained

by writing to the above address, or by telephoning one of the persons

below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead (301) 713-2055

or Eric Hutchins (508) 281-9313.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(A) of the Marine Mammal Protection Act (16 U.S.C.

1361 et seq.) (MMPA) directs the Secretary of Commerce (Secretary) to

allow, upon request, the incidental, but not intentional, taking of

marine mammals by U.S. citizens who engage in a specified activity

(other than commercial fishing) within a specified geographical region

if certain findings are made and regulations are issued.

Permission may be granted for periods of 5 years or less if the

Secretary finds that the taking will have a negligible impact on the

species or stock(s), will not have an unmitigable adverse impact on the

availability of the species or stock(s) for subsistence uses, and

regulations are prescribed setting forth the permissible methods of

taking and the requirements pertaining to the monitoring and reporting

of such taking.

Summary of Application

On June 16, 1997, NMFS received an application for an incidental,

small take exemption under section 101(a)(5)(A) of the MMPA from the

North Atlantic Energy Service Corporation (North Atlantic) to take

marine mammals incidental to routine operations of its Seabrook Station

nuclear power plant. Seabrook Station is a single-unit 1,150-megawatt

nuclear power generating facility located in Seabrook, NH. Cooling

water for plant operations is supplied by three intake structures

approximately one mile offshore in 60 ft of water. About 469,000

gallons per minute are drawn through the intakes to a 19-ft diameter, 3

mile long tunnel beneath the seafloor and into large holding bays

(called forebays) at the power plant. Lethal takes of seals are known

to have occurred and are expected to continue to occur as the animals

enter the cooling water intake structures and apparently drown en route

to the forebays.

Each of the three seawater intakes structures consists of a

velocity intake cap that is connected to the subterranean intake tunnel

by vertical risers. The velocity intake caps are 30 ft in diameter and

rest, mushroom-like, on top of the 9-ft diameter risers. The bottom of

each cap is 10 ft above the seafloor, and water enters the cap through

7-ft tall openings around its perimeter. The purpose of this design is

to minimize the rate of water flow at the mouth of the intakes and

thereby minimize entrainment of marine organisms. The rate of water

flow at the edge of velocity intake caps during full power is about 0.5

ft per second (0.3 knots).

Because the structures are offshore and submerged, seals have not

been observed entering the intakes but are discovered in the forebays.

The horizontal flow rate at the intakes is not believed to be strong

enough to sweep seals into the intakes. The animals probably swim into

the structures, perhaps in pursuit of prey. Once inside the velocity

cap, the rate of water flow increases in the risers and intake tunnel.

The accelerating, downward-turning flow, and the absence of light may

disorient the seals and may inhibit their escape from the intakes. For

an object traveling passively with the flow, the minimum transit time

from the intake structures to the forebay is approximately 80 minutes.

A seal that enters the intakes and is unable to find its way out would

not be able to survive the transit through the intake tunnel to the

plant.

Since 1993, the remains of 27 to 33 seals have been discovered in

Seabrook Station's forebays or on the device used to clean the

forebays' condenser intake screens. Eighteen of the animals have been

removed intact from the forebays, either manually or through screen

washings. Human access to the forebays is restricted and visibility is

poor. Consequently, intact animals occasionally go undetected in the

forebays and pieces of hide and bones are recovered in the screen

washings as the animals deteriorate, thus the uncertainty in the tally

of animals taken to date. The remains are turned over to the authorized

members of the Northeast Marine Mammal Stranding Network for analysis

and disposal. Skull fragments from two harp seals and one hooded seal

have been identified amongst the remains. Twenty of the seals have been

identified as harbor

[[Page 39800]]

seals, including all 18 of the animals that have been recovered intact.

Of the 12 whose ages have been determined, 10 were young-of-the-year

harbor seals, divided equally between males and females.

North Atlantic is presently investigating a number of measures to

prevent the lethal taking of seals at Seabrook Station. To date, no

preventive measures have been implemented, but certain alternatives

hold promise. These alternatives are being reviewed for their

practicability with regard to nuclear power safety, costs, and their

ability to withstand the high energy offshore environment. North

Atlantic's application for a small take exemption authorization will be

updated as determinations regarding preventive measures are made.

Though Seabrook Station has been in commercial operation since

August 1990, no seals takes are known to have occurred prior to 1993,

when the remains of two seals were discovered. In 1994, the remains of

seven seals were found, and 1995, the remains of six or seven were

found. In 1996, ten intact harbor seals and the bone fragments of two

to seven additional seals were recovered. Given that the local

abundance of harbor seals and harp seals is known to be increasing and

given that plant operations are scheduled to continue, as yet,

unmodified; takes are likely to continue to occur in coming years. The

expected number of takes per year cannot be estimated at this point but

the order of magnitude might be suggested by the findings of 1996, 12

to 17 animals, mostly harbor seals.

Information Solicited

NMFS requests interested persons to submit comments, information,

and suggestions concerning the application for a small take exemption

and the structure and content of regulations if the application is

accepted. NMFS will consider this information in developing proposed

regulations to authorize the taking. If NMFS proposes regulations to

allow this take, interested parties will be given ample time and

opportunity to comment.

Dated: July 18, 1997.

Patricia A. Montanio,

Deputy Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 97-19461 Filed 7-23-97; 8:45 am]

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