[Federal Register Volume 68, Number 215 (Thursday, November 6, 2003)]
[Notices]
[Pages 62775-62776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27995]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 102703B]


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 issuance of a Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that NMFS has issued a Letter of Authorization (LOA) to take marine 
mammals by harassment, injury and mortality, incidental to power plant 
operations to Seabrook Station nuclear power plant, Seabrook, NH.

DATES: Effective from November 1, 2003, through June 30, 2004.

ADDRESSES: A copy of the October 3, 2003, application is available by 
writing to P. Michael Payne, Chief, Marine Mammal Conservation 
Division, Office of Protected Resources, NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910, or by telephoning the contact listed here.

FOR FURTHER INFORMATION CONTACT: Kimberly Skrupky, Office of Protected 
Resources, NMFS, (301) 713-2322, ext 163.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce to allow, upon request, the incidental, but 
not intentional taking of small numbers 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 NMFS 
finds that the taking will have no more than a

[[Page 62776]]

negligible impact on the species or stock(s), and will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses. In addition, NMFS must prescribe 
regulations that include permissible methods of taking and other means 
effecting the least practicable adverse impact on the species and its 
habitat, and on the availability of the species for subsistence uses, 
paying particular attention to rookeries, mating grounds, and areas of 
similar significance. The regulations must include requirements 
pertaining to the monitoring and reporting of such taking.
    Regulations governing the taking of marine mammals incidental to 
the power plant operations were published on May 25, 1999 (64 FR 
28114), and remain in effect until June 30, 2004. For detailed 
information on this action, please refer to that document. These 
regulations include mitigation, monitoring, and reporting requirements 
for the incidental taking of marine mammals by power plant operations.

Summary of Request

    On October 3, 2003, NMFS received an application from FPL Energy 
Seabrook, LLC for an LOA under the regulations issued on May 25, 1999 
(64 FR 28114), and effective on July 1, 1999. This application 
requested authorization to take, by harassment, under section 
101(a)(5)(A) of the MMPA, small numbers of marine mammals incidental to 
routine operations of the Seabrook Station nuclear power plant in 
Seabrook, New Hampshire for a period not to exceed one year.

Authorization

    Accordingly, NMFS issued an LOA to FPL Energy Seabrook, LLC on 
October 31, 2003, authorizing the taking of small numbers of marine 
mammals incidental to routine operations of the Seabrook Station 
nuclear power plant. Issuance of this LOA is based on findings, 
described in the preamble to the final rule (64 FR 28114, May 25, 
1999), that the total takings by this activity will result in small 
numbers of marine mammals being taken, have no more than a negligible 
impact on marine mammal stocks, and will not have an unmitigable 
adverse impact on the availability of the affected marine mammal stocks 
for subsistence uses.
    This LOA remains valid until June 30, 2004, provided that FPL 
Energy Seabrook, LLC is in conformance with the conditions of the 
regulations and the LOA, and the mitigation, monitoring, and reporting 
requirements described in 50 CFR 216.130-216.137 (64 FR 28114, May 25, 
1999) and in the LOA is undertaken.

    Dated: October 31, 2003.
Laurie K. Allen,
Acting Office Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-27995 Filed 11-5-03; 8:45 am]
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