Taking of Marine Incidental to Specified Activities; Taking Marine Mammals Incidental to Power Plant Operations in Central and Southern California, 9299-9302 [E8-3146]
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Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Notices
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Dated: February 12, 2008.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–3142 Filed 2–19–08; 8:45 am]
National Oceanic and Atmospheric
Administration
Availability of Seats for the Florida
Keys National Marine Sanctuary
Advisory Council
Dated: February 11, 2008.
Daniel J. Basta,
Director, Office of National Marine
Sanctuaries, National Oceanic and
Atmospheric Administration.
[FR Doc. 08–747 Filed 2–19–08; 8:45 am]
BILLING CODE 3510–NK–M
DEPARTMENT OF COMMERCE
Office of National Marine
Sanctuaries (ONMS) National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
AGENCY:
Notice and request for
applications.
ACTION:
SUMMARY: The Florida Keys National
Marine Sanctuary (FKNMS) is seeking
applications for the following vacant
seats on its Sanctuary Advisory Council
(council): Citizen at Large—Upper Keys
(alternate), Conservation and
Environment [2 of 2] (member),
Fishing—Charter Sports Fishing
(alternate), and South Florida Ecosystem
Restoration (member).
Applicants are chosen based upon
their particular expertise and experience
in relation to the seat for which they are
applying; community and professional
affiliations; residency in the Sanctuary
area; and philosophy regarding the
protection and management of marine
resources. Applicants who are chosen
for seats normally serve three-year
terms, pursuant to the Council’s charter.
Applications are due by March
14, 2008.
DATES:
Application packages may
be obtained from the Sanctuary
Advisory Council and Volunteer
Coordinator at Lilli.Ferguson@noaa.gov,
from the Web site at https://
www.floridakeys.noaa.gov, by telephone
at (305) 292–0311 x245 or in writing at
Florida Keys National Marine
Sanctuary, 33 East Quay Rd., Key West,
FL 33040. Completed applications
should be sent to the same address
listed above.
ADDRESSES:
Lilli
Ferguson at the above address, e-mail or
telephone number.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Information concerning the council,
including past meeting minutes and
member contact information can be
found at the sanctuary Web site.
Authority: 16 U.S.C. Sections 1431, et seq.
(Federal Domestic Assistance Catalog
Number 11.429 Marine Sanctuary Program)
BILLING CODE 3510–22–S
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE36
Taking of Marine Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Power Plant
Operations in Central and Southern
California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of applications
for letters of authorization; request for
comments and information.
AGENCY:
SUMMARY: NMFS has received
applications for take authorizations
from 13 power generating stations
located on the coast of central and
southern California to take small
numbers of marine mammals by Level A
harassment and mortalities incidental to
routine power plant operations for the
duration of five years from the date
when the authorizations are issued.
Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
announcing our receipt of these requests
for the development and
implementation of regulations
governing the incidental taking of
marine mammals and inviting
information, suggestions, and comments
on these applications.
DATES: Comments and information must
be received no later than March 21,
2008.
Comments on the
applications should be addressed to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, or by telephoning one of
the contacts listed here (see FOR
FURTHER INFORMATION CONTACT). The
mailbox address for providing email
comments is PR1.0648–EX36@noaa.gov.
Comments sent via email, including all
attachments, must not exceed a 10–
megabyte file size. Copies of the
applications and other supporting
material may be obtained by writing to
ADDRESSES:
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this address or by telephoning the first
contact person listed here and is also
available at: https://www.nmfs.noaa.gov/
pr/permits/incidental.htm.
FOR FURTHER INFORMATION CONTACT:
Daniel Lawson, 562–980–3209, or
Lindsey Waller, 562–980–3230, NMFS
Southwest Regional Office.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) 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 specific
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and
regulations 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 certain subsistence uses, and
if the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring, and reporting of
such taking are set forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as:
an impact resulting from the specified
activity that cannot be reasonably expected
to, and is not reasonably likely to, adversely
affect the species or stock through effects on
annual rates of recruitment or survival.
Except for certain categories of
activities not pertinent here, the MMPA
defines ‘‘harassment’’ in 16 U.S.C.
1362(18)(A) as:
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any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
Incidental live and lethal takings of
marine mammals, including California
sea lions (Zalophus californianus),
harbor seals (Phoca vitulina), and
northern elephant seals (Mirounga
angustirostris) 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 on the coast of
central and southern California
described in the incidental take
exemption permit applications. These
CWS are an integral part of these power
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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.
Confinement within intake plumbing
could lead to confusion and panic,
especially for young, immature animals.
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. It is also
likely that previously dead animals may
end up entrained as well.
The following is a list and brief
description of the history and basic
operational design of the 13 power
generation stations applying for a
incidental take authorization.
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).
Based on previous take information
between 1991 and 2006, it is estimated
that on average, approximately one
harbor seal and less than one California
sea lion could be taken lethally, and one
seal and less than one sea lion could be
taken alive (i.e., Level A harassment)
annually.
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
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maximum design flow through the
intake is 352,000 gpm.
Based on previous take information
between 1991 and 2006, it is estimated
that on average, less than one harbor
seal and California sea lion could be
taken lethally, and less than one seal
and sea lion could be taken alive (i.e.,
Level A harassment) per year.
Moss Landing Power Plant (MLPP)
The MLPP is a 2,590–MW facility
owned and operated by Dynegy Moss
Landing LLC (2007) located on the
eastern shoreline of Moss Landing
Harbor in Monterey County, California,
about 177 km south of San Francisco.
Moss Landing Harbor is located
approximately midway between the
cities of Santa Cruz and Monterey and
is open to Monterey Bay. The MLPP has
two separate intake structures in Moss
Landing Harbor for withdrawal of
cooling water that is necessary to
remove excess heat from the power
generating process. The intake that
services the newly operational Units 1
and 2 (2002) was modernized from its
original configuration after the original
Units 1 through 5 were retired (1995). A
second intake structure services
operating Units 6 and 7. The total flow
of cooling water is approximately
850,000 gpm.
The California Stranding Network
database indicates that there were 2 live
and 2 dead California sea lions, and 2
dead harbor seals entrained at the
facility between 1982 and 2006 due to
operation of the cooling water system at
MLPP. Beside this data, there is
minimal risk of such takings occurring
in the future.
Morro Bay Power Plant (MBPP)
The MBPP is a 1,030–MW facility
owned and operated by Dynegy Morro
Bay LLC (2007), and located within the
city of Morro Bay, San Luis Obispo
County, California, near the eastern
shore of Morro Bay Harbor. The plant
site is bordered on the west by
Embarcadero Road and on the east by
Highway 1. The CWS for the plant
consists of an intake structure which
draws water from Morro Bay which
provides cooling water to the four
existing units. MBPP is proposed for
modernization involving the
replacement of the existing four steamelectric generation units (Units 1
through 4) with two state-of-the-art
combined cycle systems composed of
two gas turbines and a steam turbine
each. The modernized facility will have
a smaller physical footprint, will utilize
substantially less cooling water, and
will produce more electricity. Final
approval may come in late 2008.
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Combined cycle units that will be
operational in the future (pending
modernization) will receive cooling
water from this intake as well. The
current capacity of the intake is 464,000
gpm, which would be reduced to
330,000 gpm following modernization.
No incidental lethal or injurious
takings of marine mammals have been
recorded in the past due to operation of
the cooling water system at MBPP.
Accordingly, there is minimal risk of
such takings occurring in the future.
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South Bay Power Plant (SBPP)
SBPP is a 707–MW facility owned and
operated by Dynegy South Bay LLC
(2007) located within the City of Chula
Vista, San Diego County, California on
the extreme southeastern end of San
Diego Bay. The plant consists of four
steam-powered generating units that are
cooled by seawater taken in by the
plant’s cooling water pumps, and an aircooled 20 MW gas turbine generator
which does not use cooling water. The
future status of SBPP is uncertain. There
were plans to decommission the
existing plant in 2010 and to replace it
with a new plant near the same site.
However, licensing and design of the
new replacement plant are pending site
selection and approval. The intake
structures for the CWS draws up to 682
million gallons of water a day, or about
473,600 gpm, from San Diego Bay.
Water is drawn into a shared intake
structure for Units 1 and 2, and
individual cooling intake structures for
Units 3 and 4.
No incidental lethal or injurious
takings of marine mammals have been
recorded in the past due to operation of
the cooling water system at SBPP;
accordingly there is minimal risk of
such takings occurring in the future.
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. SGS is 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 threeunit 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 recorded total of 69 California sea
lions were entrained by the generating
station between 1989 and 2006, an
average of four sea lions per year. Fifty-
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five of those were lethally taken and
fourteen survived. Take rates have
ranged from zero to nine per year.
During the same period, two live and
three dead harbor seals were entrained
by the SGS CWS.
Long Beach Generating Station (LBGS)
LBGS is a 265–MW electric generating
facility owned and operated by Long
Beach Generation LLC, and indirect
subsidiary of NRG Energy, Inc. The
facility 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. LBGS was
previously rated at 577 MW from nine
generating units in a configuration that
had been operated from 1977 to 2005,
when the facility was shutdown. In
2007, LBGS was re-powered by
refurbishing Units 1–4 into simple cycle
gas turbine generators with air-cooled
condensers. The refurbished LBGS no
longer requires the seawater cooling
water system (CWS). Units 5 through 9
remain retired in their previous
configuration. The cooling water intake
structure, consisting of a single forebay
area within the Cerritos Channel in the
Port of Long Beach and two intake
pipes, and the single outfall tunnel were
retired in 2007 by plugging the
respective tunnels with concrete at the
levee on the LBGS property. When
previously operated, approximately
181,100 gpm were drawn through the
intake during normal operations.
No marine mammals have been
entrained at or found in or near the
grounds of LBGS since 1977. Based on
this environmental baseline, future
incidental takes of less than one harbor
seal and less than one California sea
lion per year are anticipated.
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
(indirect 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 proposed modification is
under review by the California Energy
Commission which would eventually
eliminate the use of one of the two
intake structures.
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Between 1978 and 2006, five harbor
seals have been entrained at the ESGS,
three of which were released unharmed.
Between 1979 and 2006, a total of
eleven California sea lions were
entrained at or near ESGS, with eight
mortalities. Based on this information,
incidental takes of less than one harbor
seal and less than one California sea
lion per year are anticipated.
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 Cabrillo
Power I LLC, an indirect subsidiary of
NRG (2006). EPS began operation in
1954. The intake structure, serving all 5
steam powered units, is located at the
south end of Agua Hedionda Lagoon.
The maximum flow design of the CWS
is 595,340 gpm. Proposed plans have
been submitted to the California Energy
Commission for additional air-cooled
power generation to be located on site.
As part of these plans, 3 of the current
units would be retired, and a substantial
decrease in cooling water would be
required for plant operation.
One harbor seal was entrained at EPS
in 2005. Nine California sea lions have
been entrained at or found near EPS
since 1978. Of the nine sea lions, eight
were dead, although the evidence
suggests that most of the animals were
injured outside of the plant facilities
and entered Aqua Hedionda Lagoon
thereafter, such that injuries do not
appear to be directly associated with
plant operations. Based on this
information, incidental takes of less
than one harbor seal and less than one
California sea lion per year are
anticipated.
Reliant Energy Mandalay Generating
Station (REMGS)
REMGS is a 577–MW facility owned
and operated by Reliant Energy. REMGS
is located on the southern California
coast approximately 4.8 km west of the
city of Oxnard. The plant consists of
two steam-electric generating units,
each rated at 215 MW, and one gas
turbine unit rated at 147 MW. Ocean
water for cooling purposes is supplied
via a single cooling water system.
Cooling water is drawn into the plant
through Edison Canal, which originates
approximately 4.2 km away at the
northern end of Channel Islands Harbor
in Oxnard, California. The capacity of
the CWS is 176,000 gpm.
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Two live and four dead California sea
lions have been removed from Edison
Canal since 1977. No harbor seals have
been entrained by the REMGS CWS
since 1977. Based on the information,
incidental takes of less than one harbor
seal and less than one California sea
lion per year are anticipated.
Reliant Energy Ormond Beach
Generating Station (OBGS)
OBGS is a two-unit, 1,500- MW gasfueled, 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.
Based on previous take information
between 1991 and 2006, it is estimated
that on average, less than one harbor
seal and approximately one California
sea lion could be taken lethally, and less
than one harbor seal and sea lion could
be taken alive per year. One dead
northern elephant seal was entrained in
1998.
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Diablo Canyon Power Plant (DCPP)
DCPP is owned and operated by
Pacific Gas and Electric Company
(PG&E), and is a nuclear-powered,
steam-turbine power plant with a rated
output of 2,200 MW of electricity.
Commercial operation of Unit 1 began
in May 1985, and Unit 2 in March 1986.
DCPP is located on a coastal terrace
midway between the communities of
Morro Bay and Avila Beach on the
central California coast. The local coast
is a steep and rugged rocky shoreline
that is exposed to heavy wave activity.
Except for DCPP, the coast is largely
uninhabited and undeveloped along the
16 km between the cities of Morro Bay
and Avila Beach. The power plant
draws in seawater from a constructed
intake cove through a cooling water
system to provide cooling for power
plant operations. Four circulating water
pumps combine to produce a cooling
water flow of 1,704,000 gpm.
The California Stranding Network
database indicates that two dead
California sea lions have been entrained
at the DCPP facility between 1982 and
2006. Less than 1 sea lion lethal take per
year is expected.
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San Onofre Nuclear Generating Station
(SONGS)
SONGS is 2,300–MW facility owned
in part by Southern California Edison
(SCE), San Diego Gas and Electric
Company, the City of Anaheim, and the
City of Riverside, and is operated by
SCE. It is located near the California
coastal town of San Clemente,
approximately 70 km north of San Diego
and 95 km south of Los Angeles. Camp
Pendleton U.S. Marine Corps Base
adjoins the facility in northern San
Diego County. The facility is consists of
three units, although Unit 1 was taken
offline in 1992. Ocean cooling water is
drawn into two offshore structures. The
combine intake flow is 1,660,000 gpm.
Based on previous take information
between 1991 and 2006, it is estimated
that on average approximately six
harbor seals and fourteen California sea
lions could be taken lethally, and
approximately eleven seals and five sea
lions could be taken alive per year.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the requests by the
aforementioned 13 power stations in
central and southern California (see
ADDRESSES). All information,
suggestions, and comments related to
these requests and NMFS’ development
and implementation of regulations
governing the incidental taking of
marine mammals by power plant
operations in central and southern
California will be considered by NMFS,
if appropriate, in developing the most
effective regulations governing the
issuance of letters of authorization.
Dated: February 12, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–3146 Filed 2–19–08; 8:45 am]
BILLING CODE 3510–22–S
COORDINATING COUNCIL ON
JUVENILE JUSTICE AND
DELINQUENCY PREVENTION
[OJP (OJJDP) Docket No. 1479]
Meeting of the Coordinating Council
on Juvenile Justice and Delinquency
Prevention
Coordinating Council on
Juvenile Justice and Delinquency
Prevention.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: The Coordinating Council on
Juvenile Justice and Delinquency
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Prevention (Council) is announcing its
March 7, 2008 meeting.
DATES: Friday, March 7, 2008, 9 a.m. to
12:30 p.m.
ADDRESSES: The meeting will take place
at the White House Office of National
Drug Control Policy, 750 17th Street,
NW., 5th floor conference room,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: The
Web site for the Coordinating Council at
https://www.juvenilecouncil.gov or
contact Robin Delany-Shabazz,
Designated Federal Official, by
telephone at 202–307–9963 [Note: this
is not a toll-free telephone number], or
by e-mail at Robin.DelanyShabazz@usdoj.gov.
The
Coordinating Council on Juvenile
Justice and Delinquency Prevention,
established pursuant to section 3(2)(A)
of the Federal Advisory Committee Act
(5 U.S.C. app. 2) will meet to carry out
its advisory functions under section 206
of the Juvenile Justice and Delinquency
Prevention Act of 2002, 42 U.S.C. 5601,
et seq. Documents such as meeting
announcements, agendas, minutes, and
reports will be available on the
Council’s Web page, https://
www.JuvenileCouncil.gov., where you
may also obtain information on the
meeting.
Although designated agency
representatives may attend, the Council
membership is composed of the
Attorney General (Chair), the Secretary
of Health and Human Services, the
Secretary of Labor, the Secretary of
Education, the Secretary of Housing and
Urban Development, the Administrator
of the Office of Juvenile Justice and
Delinquency Prevention (Vice Chair),
the Director of the Office of National
Drug Control Policy, the Chief Executive
Officer of the Corporation for National
and Community Service, and the
Assistant Secretary of Homeland
Security for U.S. Immigration and
Customs Enforcement. Up to nine
additional members are appointed by
the Speaker of the House of
Representatives, the Senate Majority
Leader, and the President of the United
States.
SUPPLEMENTARY INFORMATION:
Meeting Agenda
The agenda for this meeting will
include: (a) Presentations on Federal
efforts to reduce demand for illicit drugs
and non-medical use of prescription
drugs among youth; (b) updates on
Council Partnership Projects; and (c)
applicable legislative and program
updates; announcements and other
business. The meeting is open to the
public.
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]]>Agencies
[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Notices]
[Pages 9299-9302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3146]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE36
Taking of Marine Incidental to Specified Activities; Taking
Marine Mammals Incidental to Power Plant Operations in Central and
Southern California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of applications for letters of authorization;
request for comments and information.
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SUMMARY: NMFS has received applications for take authorizations from
13 power generating stations located on the coast of central and
southern California to take small numbers of marine mammals by Level A
harassment and mortalities incidental to routine power plant operations
for the duration of five years from the date when the authorizations
are issued. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS
is announcing our receipt of these requests for the development and
implementation of regulations governing the incidental taking of marine
mammals and inviting information, suggestions, and comments on these
applications.
DATES: Comments and information must be received no later than March
21, 2008.
ADDRESSES: Comments on the applications should be addressed to P.
Michael Payne, Chief, Permits, Conservation and Education Division,
Office of Protected Resources, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910-3225, or by telephoning one
of the contacts listed here (see FOR FURTHER INFORMATION CONTACT). The
mailbox address for providing email comments is PR1.0648-EX36@noaa.gov.
Comments sent via email, including all attachments, must not exceed a
10-megabyte file size. Copies of the applications and other supporting
material may be obtained by writing to
[[Page 9300]]
this address or by telephoning the first contact person listed here and
is also available at: https://www.nmfs.noaa.gov/pr/permits/
incidental.htm.
FOR FURTHER INFORMATION CONTACT: Daniel Lawson, 562-980-3209, or
Lindsey Waller, 562-980-3230, NMFS Southwest Regional Office.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) 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 specific activity (other than commercial
fishing) within a specified geographical region if certain findings are
made and regulations 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 certain subsistence uses,
and if the permissible methods of taking and requirements pertaining to
the mitigation, monitoring, and reporting of such taking are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as:
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
Except for certain categories of activities not pertinent here, the
MMPA defines ``harassment'' in 16 U.S.C. 1362(18)(A) as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
Incidental live and lethal takings of marine mammals, including
California sea lions (Zalophus californianus), harbor seals (Phoca
vitulina), and northern elephant seals (Mirounga angustirostris) 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 on the
coast of central and southern California described in the incidental
take exemption permit applications. 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. Confinement within intake
plumbing could lead to confusion and panic, especially for young,
immature animals. 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. It is also likely
that previously dead animals may end up entrained as well.
The following is a list and brief description of the history and
basic operational design of the 13 power generation stations applying
for a incidental take authorization.
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).
Based on previous take information between 1991 and 2006, it is
estimated that on average, approximately one harbor seal and less than
one California sea lion could be taken lethally, and one seal and less
than one sea lion could be taken alive (i.e., Level A harassment)
annually.
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.
Based on previous take information between 1991 and 2006, it is
estimated that on average, less than one harbor seal and California sea
lion could be taken lethally, and less than one seal and sea lion could
be taken alive (i.e., Level A harassment) per year.
Moss Landing Power Plant (MLPP)
The MLPP is a 2,590-MW facility owned and operated by Dynegy Moss
Landing LLC (2007) located on the eastern shoreline of Moss Landing
Harbor in Monterey County, California, about 177 km south of San
Francisco. Moss Landing Harbor is located approximately midway between
the cities of Santa Cruz and Monterey and is open to Monterey Bay. The
MLPP has two separate intake structures in Moss Landing Harbor for
withdrawal of cooling water that is necessary to remove excess heat
from the power generating process. The intake that services the newly
operational Units 1 and 2 (2002) was modernized from its original
configuration after the original Units 1 through 5 were retired (1995).
A second intake structure services operating Units 6 and 7. The total
flow of cooling water is approximately 850,000 gpm.
The California Stranding Network database indicates that there were
2 live and 2 dead California sea lions, and 2 dead harbor seals
entrained at the facility between 1982 and 2006 due to operation of the
cooling water system at MLPP. Beside this data, there is minimal risk
of such takings occurring in the future.
Morro Bay Power Plant (MBPP)
The MBPP is a 1,030-MW facility owned and operated by Dynegy Morro
Bay LLC (2007), and located within the city of Morro Bay, San Luis
Obispo County, California, near the eastern shore of Morro Bay Harbor.
The plant site is bordered on the west by Embarcadero Road and on the
east by Highway 1. The CWS for the plant consists of an intake
structure which draws water from Morro Bay which provides cooling water
to the four existing units. MBPP is proposed for modernization
involving the replacement of the existing four steam-electric
generation units (Units 1 through 4) with two state-of-the-art combined
cycle systems composed of two gas turbines and a steam turbine each.
The modernized facility will have a smaller physical footprint, will
utilize substantially less cooling water, and will produce more
electricity. Final approval may come in late 2008.
[[Page 9301]]
Combined cycle units that will be operational in the future (pending
modernization) will receive cooling water from this intake as well. The
current capacity of the intake is 464,000 gpm, which would be reduced
to 330,000 gpm following modernization.
No incidental lethal or injurious takings of marine mammals have
been recorded in the past due to operation of the cooling water system
at MBPP. Accordingly, there is minimal risk of such takings occurring
in the future.
South Bay Power Plant (SBPP)
SBPP is a 707-MW facility owned and operated by Dynegy South Bay
LLC (2007) located within the City of Chula Vista, San Diego County,
California on the extreme southeastern end of San Diego Bay. The plant
consists of four steam-powered generating units that are cooled by
seawater taken in by the plant's cooling water pumps, and an air-cooled
20 MW gas turbine generator which does not use cooling water. The
future status of SBPP is uncertain. There were plans to decommission
the existing plant in 2010 and to replace it with a new plant near the
same site. However, licensing and design of the new replacement plant
are pending site selection and approval. The intake structures for the
CWS draws up to 682 million gallons of water a day, or about 473,600
gpm, from San Diego Bay. Water is drawn into a shared intake structure
for Units 1 and 2, and individual cooling intake structures for Units 3
and 4.
No incidental lethal or injurious takings of marine mammals have
been recorded in the past due to operation of the cooling water system
at SBPP; accordingly there is minimal risk of such takings occurring in
the future.
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. SGS is 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 recorded total of 69 California sea lions were entrained by the
generating station between 1989 and 2006, an average of four sea lions
per year. Fifty-five of those were lethally taken and fourteen
survived. Take rates have ranged from zero to nine per year. During the
same period, two live and three dead harbor seals were entrained by the
SGS CWS.
Long Beach Generating Station (LBGS)
LBGS is a 265-MW electric generating facility owned and operated by
Long Beach Generation LLC, and indirect subsidiary of NRG Energy, Inc.
The facility 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. LBGS was previously rated at 577
MW from nine generating units in a configuration that had been operated
from 1977 to 2005, when the facility was shutdown. In 2007, LBGS was
re-powered by refurbishing Units 1-4 into simple cycle gas turbine
generators with air-cooled condensers. The refurbished LBGS no longer
requires the seawater cooling water system (CWS). Units 5 through 9
remain retired in their previous configuration. The cooling water
intake structure, consisting of a single forebay area within the
Cerritos Channel in the Port of Long Beach and two intake pipes, and
the single outfall tunnel were retired in 2007 by plugging the
respective tunnels with concrete at the levee on the LBGS property.
When previously operated, approximately 181,100 gpm were drawn through
the intake during normal operations.
No marine mammals have been entrained at or found in or near the
grounds of LBGS since 1977. Based on this environmental baseline,
future incidental takes of less than one harbor seal and less than one
California sea lion per year are anticipated.
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 (indirect 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 proposed modification is under review by the
California Energy Commission which would eventually eliminate the use
of one of the two intake structures.
Between 1978 and 2006, five harbor seals have been entrained at the
ESGS, three of which were released unharmed. Between 1979 and 2006, a
total of eleven California sea lions were entrained at or near ESGS,
with eight mortalities. Based on this information, incidental takes of
less than one harbor seal and less than one California sea lion per
year are anticipated.
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 Cabrillo Power I LLC, an indirect subsidiary
of NRG (2006). EPS began operation in 1954. The intake structure,
serving all 5 steam powered units, is located at the south end of Agua
Hedionda Lagoon. The maximum flow design of the CWS is 595,340 gpm.
Proposed plans have been submitted to the California Energy Commission
for additional air-cooled power generation to be located on site. As
part of these plans, 3 of the current units would be retired, and a
substantial decrease in cooling water would be required for plant
operation.
One harbor seal was entrained at EPS in 2005. Nine California sea
lions have been entrained at or found near EPS since 1978. Of the nine
sea lions, eight were dead, although the evidence suggests that most of
the animals were injured outside of the plant facilities and entered
Aqua Hedionda Lagoon thereafter, such that injuries do not appear to be
directly associated with plant operations. Based on this information,
incidental takes of less than one harbor seal and less than one
California sea lion per year are anticipated.
Reliant Energy Mandalay Generating Station (REMGS)
REMGS is a 577-MW facility owned and operated by Reliant Energy.
REMGS is located on the southern California coast approximately 4.8 km
west of the city of Oxnard. The plant consists of two steam-electric
generating units, each rated at 215 MW, and one gas turbine unit rated
at 147 MW. Ocean water for cooling purposes is supplied via a single
cooling water system. Cooling water is drawn into the plant through
Edison Canal, which originates approximately 4.2 km away at the
northern end of Channel Islands Harbor in Oxnard, California. The
capacity of the CWS is 176,000 gpm.
[[Page 9302]]
Two live and four dead California sea lions have been removed from
Edison Canal since 1977. No harbor seals have been entrained by the
REMGS CWS since 1977. Based on the information, incidental takes of
less than one harbor seal and less than one California sea lion per
year are anticipated.
Reliant Energy Ormond Beach Generating Station (OBGS)
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.
Based on previous take information between 1991 and 2006, it is
estimated that on average, less than one harbor seal and approximately
one California sea lion could be taken lethally, and less than one
harbor seal and sea lion could be taken alive per year. One dead
northern elephant seal was entrained in 1998.
Diablo Canyon Power Plant (DCPP)
DCPP is owned and operated by Pacific Gas and Electric Company
(PG&E), and is a nuclear-powered, steam-turbine power plant with a
rated output of 2,200 MW of electricity. Commercial operation of Unit 1
began in May 1985, and Unit 2 in March 1986. DCPP is located on a
coastal terrace midway between the communities of Morro Bay and Avila
Beach on the central California coast. The local coast is a steep and
rugged rocky shoreline that is exposed to heavy wave activity. Except
for DCPP, the coast is largely uninhabited and undeveloped along the 16
km between the cities of Morro Bay and Avila Beach. The power plant
draws in seawater from a constructed intake cove through a cooling
water system to provide cooling for power plant operations. Four
circulating water pumps combine to produce a cooling water flow of
1,704,000 gpm.
The California Stranding Network database indicates that two dead
California sea lions have been entrained at the DCPP facility between
1982 and 2006. Less than 1 sea lion lethal take per year is expected.
San Onofre Nuclear Generating Station (SONGS)
SONGS is 2,300-MW facility owned in part by Southern California
Edison (SCE), San Diego Gas and Electric Company, the City of Anaheim,
and the City of Riverside, and is operated by SCE. It is located near
the California coastal town of San Clemente, approximately 70 km north
of San Diego and 95 km south of Los Angeles. Camp Pendleton U.S. Marine
Corps Base adjoins the facility in northern San Diego County. The
facility is consists of three units, although Unit 1 was taken offline
in 1992. Ocean cooling water is drawn into two offshore structures. The
combine intake flow is 1,660,000 gpm.
Based on previous take information between 1991 and 2006, it is
estimated that on average approximately six harbor seals and fourteen
California sea lions could be taken lethally, and approximately eleven
seals and five sea lions could be taken alive per year.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the requests by the aforementioned 13 power
stations in central and southern California (see ADDRESSES). All
information, suggestions, and comments related to these requests and
NMFS' development and implementation of regulations governing the
incidental taking of marine mammals by power plant operations in
central and southern California will be considered by NMFS, if
appropriate, in developing the most effective regulations governing the
issuance of letters of authorization.
Dated: February 12, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-3146 Filed 2-19-08; 8:45 am]
BILLING CODE 3510-22-S
