[Federal Register Volume 67, Number 1 (Wednesday, January 2, 2002)]
[Notices]
[Pages 61-62]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32238]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 072401A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Taking of 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 renewal of a Letter of Authorization.

-----------------------------------------------------------------------

SUMMARY: In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is hereby given that a Letter of 
Authorization (LOA) to unintentionally take small numbers of pinnipeds 
incidental to routine operations of the Seabrook Station nuclear power 
plant, Seabrook, NH (Seabrook Station) has been issued to the North 
Atlantic Energy Service Corporation (North Atlantic).

DATES: Effective from October 19, 2001, until June 26, 2002.

ADDRESSES: A copy of the application, Environmental Assessment, LOA, 
and other materials used in this document are available by writing to 
Donna Wieting, Chief, Marine Mammal Conservation Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910-3225, or by telephoning one of the contacts listed here.

FOR FURTHER INFORMATION CONTACT: Simona Perry Roberts, (301) 713-2322, 
ext 106; Jonathan Wendland, (978) 281-9146.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) direct 
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 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 if 
regulations are prescribed setting forth the permissible method of 
taking and the requirements pertaining to the monitoring and reporting 
of such taking.
    Five-year regulations (effective from July 1, 1999 through June 30, 
2004), including mitigation, monitoring, and reporting requirements, 
for the incidental taking of harbor seals (Phoca vitulina), gray seals 
(Halichoerus grypus), harp seals (Phoca groenlandica), and hooded seals 
(Cystophora cristata) by U.S. citizens engaged in power plant 
operations at the Seabrook Station nuclear power plant, Seabrook, NH 
are set out in 50 CFR 216.130 through.137.

Summary of Request

    NMFS received a request from North Atlantic in June 2001 for 
renewal of their LOA, which expired on July 2, 2000, to lethally take 
20 harbor seals and 4 of any combination of gray, harp, and hooded 
seals incidental to power plant operations at Seabrook Station.

Permissible Methods of Taking

    According to 50 CFR 216.132, LOAs issued to North Atlantic for 
Seabrook Station authorize the incidental, but not intentional, take of 
harbor, gray, harp, and hooded seals in the course of operating the 
station's intake cooling water system. For a more complete description 
of the intake systems utilized at Seabrook Station please refer to the 
final rule (64 FR 28114, May 25, 1999).

Mitigation Requirements

    NMFS, in the May 25, 1999, final rule (64 FR 28114), allowed North 
Atlantic to use the 5-year authorization period (July 1, 1999 through 
June 30, 2004) to fully explore any feasible mitigation methods, and if 
methods were not found to be suitable, to explore and undertake, in 
conjunction with NMFS, steps to promote the conservation of the 
population of Gulf of Maine seals as a whole.

Monitoring and Reporting Requirements

    Monitoring under the renewed LOA must include: (1) twice daily 
visual inspection of the circulating water and service water forebays; 
(2) daily inspections of the intake transition structure from April 1 
through December 1, unless weather conditions prevent safe access to 
the structure; (3) screen washings once per day during the peak months 
of seal takes and twice a week during non-peak months of seal takes; 
and, (4) examination of the screen wash debris to determine if any seal 
remains are present.
    Seal takes must be reported to NMFS through both oral and written 
notification. NMFS must be notified via telephone by the close of 
business on the next day following the discovery of any marine mammal 
or marine mammal parts. Written notification to NMFS must be made 
within 30 days and must include the results of any examinations 
conducted by qualified members of the Marine Mammal Stranding Network 
as well as any other information relating to the take.

National Environmental Policy Act

    NMFS issued an Environmental Assessment (EA) in 1998, in 
conjunction with the notice of proposed authorization. As a result of 
the findings made in the EA, NMFS concluded that implementation of 
either the preferred alternative or other identified alternatives would 
not have a significant impact on the human environment. Therefore, 
preparation of an environmental impact statement on these actions was 
not required by Section 102(2) of the National Environmental Policy Act 
or its implementing regulations. Copies of the 1998 EA and the Finding 
of No Significant Impact are available upon request (see ADDRESSES).

Determinations

    NMFS has determined (see 64 FR 28114, May 25, 1999) that the taking 
of up to 20 harbor seals and 4 of any combination of gray, harp, and 
hooded seals, annually from July 1, 1999, through June 30, 2004, will 
have no more than a negligible impact (as defined in 50 CFR 216.3) on 
these stocks of marine mammals. The best scientific information 
available indicates that since 1981, the Western North Atlantic harbor 
seal stock has had an average annual rate of increase of 4.2 percent 
(Waring et al., 2000). In addition, the Western North Atlantic stocks 
of gray, harp, and hooded seals also appear to be increasing in 
abundance (Waring et al., 1999, 2000). The small number of takes at 
Seabrook Station relative to current population estimates is unlikely 
to reduce the rate of population growth for any of these pinniped 
stocks.
    According to North Atlantic reports received in NMFS' Northeast 
Region, no seals have been entrapped since the installation of Seal 
Deterrent Barriers in August 1999.

[[Page 62]]

Authorization

    In recognition of the timely receipt and acceptance of the reports 
required under 50 CFR 216.135 and a determination that the mitigation 
measures required pursuant to 50 CFR 216.134 and the LOA have been 
undertaken, NMFS issued an LOA to the North Atlantic Energy Services 
Corporation on June 26, 2001, for the taking of harbor seals, gray 
seals, harp seals, and hooded seals incidental to routine operations of 
the Seabrook Station nuclear power plant, provided the mitigation, 
monitoring, and reporting requirements described in 50 CFR 216.134 
through 135 and in the LOA are undertaken.

    Dated: December 20, 2001.
David Cottingham
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 01-32238 Filed 12-31-01; 8:45 am]
BILLING CODE 3510-22-S