[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Proposed Rules]
[Pages 39799-39800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19461]


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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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