[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Pages 19826-19828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7788]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG84


Taking and importing of Endangered Species; Taking of Sea Turtles 
Incidental to Power Plant Operations

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

ACTION: Notice of receipt of applications for individual incidental 
take permits under the Endangered Species Act; request for comment and 
information.

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SUMMARY: NMFS received seven applications for individual incidental 
take permits under the Endangered Species Act of 1973, as amended (ESA) 
from power generating stations located on the coast of southern 
California for the entrainment of sea turtles incidental to routine 
operations associated with power plant operations. As a result of these 
applications, NMFS is considering whether to issue the permits in 
accordance with the ESA authorizing the incidental taking of endangered 
species. In order to issue the permits, NMFS must determine that these 
takings will not appreciably reduce the likelihood of survival and 
recovery for the species and that habitat conservation plans meet the 
requirements of the ESA. NMFS provides this notice to allow public 
comment on the applications and conservation plans. NMFS also seeks 
additional commercial and scientific data relevant to the documents.

DATES: Written comments and information must be submitted before May 
12, 2008.

ADDRESSES: Comments should be addressed to Russell Strach, NMFS 
Southwest Region, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA, 
90802; facsimile: 916-930-3643; or may be submitted electronically to 
[email protected]. Copies of the applications may be obtained upon 
written request to this address, or by telephoning the persons below 
(see FOR FURTHER INFORMATION CONTACT)

FOR FURTHER INFORMATION CONTACT: Dan Lawson, 562-980-3209, or Lindsey 
Waller, 562-980-3230, NMFS Southwest Regional Office.

SUPPLEMENTARY INFORMATION:

Background

    Section 9 of the ESA and Federal regulations prohibit the 
``taking'' of a species listed as endangered or threatened. The term 
``take''is defined under the ESA to mean harass, harm, pursue, hunt, 
shoot, would, kill, trap, capture, or collect, or to attempt to engage 
in any such conduct. Section 10(a)(1)(B) ESA) authorizes the incidental 
taking of endangered or threatened species as long as such take is 
incidental, but not intentional, to an otherwise lawful activity, if 
certain determinations are made and a permit issued.
    In order to issue the ESA section 10(a)(1)(B) permit, NMFS must 
find that: the taking will be incidental; the impacts will be mitigated 
to the maximum extent practicable; the taking will not appreciably 
reduce the likelihood of survival and recovery of the species; the 
habitat conservation plan reflects measures that NMFS deems necessary 
or appropriate; and there are adequate assurances that the conservation 
plan will be funded or implemented. NMFS regulations governing the 
issuance of permits for threatened and endangered species are 
promulgated at 50 CFR 222.307.
    Incidental live and lethal takings of threatened and endangered sea 
turtles, including green (Chelonia mydas), loggerhead (Caretta 
caretta), leatherback (Dermochelys coriacea), and olive ridley 
(Lepidochelys olivacea) have occurred or have a reasonable chance to 
occur, and are expected to continue to occur as a result of the 
operation of circulating water systems (CWS) by the electrical power 
generation plants located in southern California described in this 
incidental take permit application. These CWS are an integral part of 
these power stations that provide continuous cooling water necessary 
for power generation and safety of the facility. The typical location 
of entrainment occurs as water is taken into the plant via submerged 
structures or canals. Intake velocities may be strong enough to pull 
live animals into the plant, particularly if they are actively seeking 
prey in the vicinity of intake structures, or seeking shelter in the 
intake structure itself. Confinement within intake plumbing could lead 
to injury or death. If the animal is unable to escape, it could (1) 
drown or become fatally injured in transit between intake and large 
sedimentation basins within the plants known as forebays, (2) survive 
the transit and succumb in the forebay due to exhaustion, illness, or 
disease, or (3) survive the transit and be rescued by plant personnel 
using cages specially designed for such an activity. Decomposed turtles 
may also become entrained in the power plant intake structures.

[[Page 19827]]

    The following is a list and brief description of the history and 
basic operational design of the 7 power generation stations and their 
conservation plans in the application for an incidental take permit.

Redondo Beach Generating Station (RBGS)

    RBGS is a 1,310-megawatt (MW) facility owned by the AES Corporation 
(1998) and operated by the Southern California Edison Company. The 
Redondo Beach plant is located on the southern California coast in the 
city of Redondo Beach and consists of eight fossil-fueled steam-
electric generating units. There are three intake structures which 
provide cooling water to the eight units. In 1987, four of the units 
and one of the intake structures were taken offline. The two remaining 
intakes supply Units 5 and 6 and Units 7 and 8, respectively, and draw 
in approximately 176,000 - 468,000 gallons of sea water per minute 
(gpm). A total of two live and one decomposed dead green sea turtles 
were entrained in the facility from 1982-2006.
    The RBGS conservation plan anticipates the rare entrainment of sea 
turtles. Daily monitoring of the CWS is conducted to detect and report 
the presence of sea turtles. RBGS consultants have developed procedures 
to rescue live animals using cargo nets and return healthy turtles back 
to the ocean immediately. Injured turtles are released to a NMFS 
authorized animal rehabilitation facility. Full reports of all sea 
turtles found at the station are delivered to NMFS within one month of 
the incident. Training in sea turtle identification, rescue, tagging, 
and biological sampling are provided to Operations personnel. RBGS 
explored numerous options for reducing the impact on sea turtles but no 
physical measures are available that could effectively limit the 
entrainment of sea turtles. RBGS has proposed financial mitigation by 
offering $1,000 to a fund approved by NMFS for the preservation of sea 
turtles for the take of any sea turtle, attributable to the operation 
of the facility.

Huntington Beach Generating Station (HBGS)

    HBGS is a nominal 900-MW facility owned by the AES Corporation 
(1998). The Huntington Beach plant is located on the southern 
California coast in the city of Huntington Beach, and consists of four 
fossil-fueled steam-electric generating units. A single intake supplies 
cooling water to all units. The maximum design flow through the intake 
is 352,000 gpm. No sea turtles were entrained from 1982-2006.
    The HBGS conservation plan anticipates the rare entrainment of sea 
turtles. Daily monitoring of the CWS is conducted to detect and report 
the presence of sea turtles. HBGS consultants have developed procedures 
to rescue live animals using cargo nets and return healthy turtles back 
to the ocean immediately. Injured turtles are released to a NMFS 
authorized animal rehabilitation facility. Full reports of all sea 
turtles found at the station are delivered to NMFS within one month of 
the incident. Training in sea turtle identification, rescue, tagging, 
and biological sampling are provided to Operations personnel. HGBS 
explored numerous options for reducing the impact on sea turtles but no 
physical measures are available that could effectively limit the 
entrainment of sea turtles. HGBS has proposed financial mitigation by 
offering $1,000 to a fund approved by NMFS for the preservation of sea 
turtles for the take of any sea turtle, attributable to the operation 
of the facility.

Scattergood Generating Station (SGS)

    SGS is an 830-MW facility owned by the City of Los Angeles and 
operated by the L.A. Department of Water and Power located in the City 
of Los Angeles near the western border of the California coastal town 
of El Segundo, which is located to the south of Marina Del Ray and the 
north of Redondo Beach in Los Angeles County. SGS is a three-unit gas-
fueled steam-electric generating facility incorporating eight 
circulating water pumps in its once-through CWS. A single cooling water 
intake structure is shared by all units. Maximum combined flow for all 
units is approximately 495 million gallons per day, or about 343,750 
gpm. A total of three green and two loggerhead sea turtles were 
entrained from 1982-2006 in the facility. All of these turtles were 
eventually released alive.
    The SGS conservation plan anticipates the rare entrainment of sea 
turtles. Daily monitoring of the CWS is conducted to detect and report 
the presence of sea turtles. SGS consultants have developed procedures 
to rescue live animals using cargo nets and return healthy turtles back 
to the ocean immediately. Injured turtles are released to a NMFS 
authorized animal rehabilitation facility. Full reports of all sea 
turtles found at the station are delivered to NMFS within one month of 
the incident. Training in sea turtle identification, rescue, tagging, 
and biological sampling are provided to Operations personnel. SGS 
explored numerous options for reducing the impact on sea turtles but no 
physical measures are available that could effectively limit the 
entrainment of sea turtles. SGS has proposed financial mitigation by 
offering $1,000 to a fund approved by NMFS for the preservation of sea 
turtles for the take of any sea turtle, attributable to the operation 
of the facility.

Long Beach Generating Station (LBGS)

    LBGS is 577-MW electric generating facility owned and operated by 
NRG Energy and is located in western Los Angeles County, situated in 
the City of Long Beach along the coast of the Pacific Ocean. The power 
plant is bounded on the west and south by the Port of Long Beach and on 
the north by the City of Long Beach. The current configuration of the 
Long Beach power plant was in operation from 1977 to 2005, when the 
electricity generation terminated. The intake structure consists of a 
single forebay area within the Cerritos Channel in the Port of Long 
Beach, along with two intake pipes. The cooling water intake is still 
operational but there is no heat added to the discharge since the power 
plant is idle. Approximately 365,000 gpm were drawn through the intake 
during normal operations. The CWS was scheduled to be permanently shut 
down as soon as the property's groundwater extraction and treatment 
system and storm water discharges were reconfigured. This was expected 
sometime in 2007; however, this procedure did not take place. Since 
then, plans have been developed and steps taken to resume power 
generation with four of the nine units at the station. The proposed 
reconstructed facility will not use a CWS to cool the generators, but 
it will remain in place. No sea turtles were entrained in the CWS from 
1982-2006.
    The LGBS conservation plan outlines the monitoring and reporting 
procedures required by NMFS in the event of a sea turtle take. The 
Southwest Region (SWR) Stranding Coordinator is immediately contacted 
after the discovery of a live or dead sea turtle. Completion and 
submission of a report, including photographs and biological 
information, is due to NMFS within 30 days of the incident. Training on 
handling and tagging procedures for sea turtles is provided to LBGS 
personnel. Because no sea turtle entrainments have been recorded to 
date, LGBS could not identify any practicable alternatives that would 
mitigate the existing condition related to its impact on sea turtles.

[[Page 19828]]

El Segundo Generating Station (ESGS)

    ESGS is a 1,020-MW facility located in the City of El Segundo, 
owned and operated by El Segundo Power LLC (NRG subsidiary) (1998). The 
ESGS has been in operation since 1955 and utilizes two intake 
structures (individual structures for Units 1 and 2 and for Units 3 and 
4) as part of the facility's once through cooling system. The intake 
structures consist of two pipes that extend offshore into Santa Monica 
Bay. Approximately 420,000 gpm are drawn through the intake system. A 
total of one dead green and two live loggerhead sea turtles were 
entrained in the facility from 1982-2006.
    The ESGS conservation plan outlines the monitoring and reporting 
procedures required by NMFS in the event of a sea turtle take. The 
Southwest Region (SWR) Stranding Coordinator is immediately contacted 
after the discovery of a live or dead sea turtle. Completion and 
submission of a report, including photographs and biological 
information, is due to NMFS within 30 days of the incident. Training on 
handling and tagging procedures for sea turtles is provided to ESGS 
personnel. ESGS could not identify any practicable alternatives that 
would mitigate the existing condition related to its impact on sea 
turtles.

Encina Power Station (EPS)

    EPS is a 965-MW facility located in western San Diego County, 
situated in the City of Carlsbad along the east coast of the Pacific 
Ocean. The power plant is bounded on the west by the Pacific Ocean, on 
the north by Agua Hedionda Lagoon, and on the south by the City of 
Carlsbad. EPS is owned by NRG (2006) and operated by Cabrillo Power I, 
LLC. EPS began operation in 1954. The intake structure, serving all 
five steam powered units, is located at the south end of Agua Hedionda 
Lagoon. The maximum flow design of the CWS is 595,340 gpm. A total of 
one dead and two live green sea turtles were entrained from 1982-2006.
    The EPS conservation plan outlines the monitoring and reporting 
procedures required by NMFS in the event of a sea turtle take. The 
Southwest Region (SWR) Stranding Coordinator is immediately contacted 
after the discovery of a live or dead sea turtle. Completion and 
submission of a report, including photographs and biological 
information, is due to NMFS within 30 days of the incident. Training on 
handling and tagging procedures for sea turtles is provided to EPS 
personnel. Metal rails are in place at the forebay entrance which 
prevents animals from entering further into the CWS system. EPS could 
not identify any additional practicable alternatives that would 
mitigate the existing condition related to its impact on sea turtles.

Reliant Energy Ormond Beach Generating Station (OBGS)

    Reliant Energy Ormond Beach Generating Station (OBGS) is a two-
unit, 1,500- MW gas-fueled, steam-electric generating facility located 
near the California coast town of Oxnard, southeast of the entrance to 
Port Hueneme. The plant is approximately 48 km south of Santa Barbara, 
and 97 km north of Los Angeles. The plant is owned by Reliant Energy 
and is currently being operated by Southern California Edison Company 
personnel. Ocean water for cooling purposes is supplied via a single 
cooling water system. The facility consists of two gas-fueled steam-
electric units fed with cooling water via the CWS. Four circulating 
water pumps operate with a total capacity of 476,000 gpm. One live 
green sea turtle was entrained at the facility from 1982-2006.
    The OGBS conservation plan anticipates the rare entrainment of sea 
turtles. Daily monitoring of the CWS is conducted to detect and report 
the presence of sea turtles. OGBS consultants have developed procedures 
to rescue live animals using cargo nets and return healthy turtles back 
to the ocean immediately. Injured turtles are released to a NMFS 
authorized animal rehabilitation facility. Full reports of all sea 
turtles found at the station are delivered to NMFS within one month of 
the incident. Training in sea turtle identification, rescue, tagging, 
and biological sampling are provided to Operations personnel. OGBS 
explored numerous options for reducing the impact on sea turtles but no 
physical measures are available that could effectively limit the 
entrainment of sea turtles. OGBS has proposed financial mitigation by 
offering $1,000 to a fund approved by NMFS for the preservation of sea 
turtles forthe take of any sea turtle, attributable to the operation of 
the facility.

    Dated: April 7, 2008.
David Cottingham,
Chief, Marine Mammal and Turtle Division, National Marine Fisheries 
Service.
[FR Doc. E8-7788 Filed 4-10-08; 8:45 am]
BILLING CODE 3510-22-S