Chapter IX — Marine Mammal Permits 



whales and shock testing the SEA WOLF submarine is 

 provided in Chapter and VI. 



Taking Incidental to Operation of the Nuclear 

 Power Plant in Seabrook, New Hampshire — As 



noted in the Commission's previous report, the 

 National Marine Fisheries Service received an applica- 

 tion on 16 June 1997 from the North Atlantic Energy 

 Service Corporation for a five-year authorization to 

 take small numbers of harbor, gray, harp, and hooded 

 seals incidental to routine operation of the nuclear 

 power plant in Seabrook, New Hampshire. The 

 application indicated that cooling water for the plant 

 is drawn through tunnels from three intake structures 

 located about one mile (1.6 km) offshore and that, 

 since 1993, the remains of 27 to 33 seals had been 

 found in holding bays at the terminus of the intake 

 tunnels. The letter transmitting the application noted 

 that studies were being done to determine steps that 

 might be taken to minimize entrapment of seals. 



Notice of receipt of the application and a request 

 for comments were published in the Federal Register 

 on 24 July 1997. The Commission, in consultation 

 with its Committee of Scientific Advisors, provided 

 comments to the Service on 13 August 1997. Notice 

 of proposed regulations and a request for comments 

 and related information were published in the Federal 

 Register on 25 August 1998. The Service proposed to 

 allow entrapment of up to 34 seals (2 percent of the 

 estimated potential biological removal level for harbor 

 seals) each year for the next five years. It proposed 

 to require the applicant to report on possible measures 

 to minimize taking within six months after issuance of 

 the final rule and to implement such measures as the 

 Service may specify within 42 months after issuance 

 of the final rule. 



The Marine Mammal Commission, in consultation 

 with its Committee of Scientific Advisors, reviewed 

 and on 8 October 1998 provided comments on the 

 application to the Service. The Commission noted 

 that the Service's proposal appeared to meet the spirit 

 of the Marine Mammal Protection Act. However, it 

 was not clear why the Service proposed to delay 

 implementing mitigation measures for 36 months after 

 submission of the required report on possible mitiga- 

 tion measures. The Commission recommended that 

 the final rule require that appropriate mitigation 



measures be implemented as soon as practicable 

 following submission of the report. The Commission 

 requested that it be provided a copy of the report 

 when it is submitted. 



At the end of 1998 the National Marine Fisheries 

 Service had not yet published the final rule. 



Authorizations under Section 101(a)(5)(D) 



The Northstar Project — As noted in previous 

 Commission reports, BP Exploration (Alaska) Inc. 

 received authorization in 1996 and 1997 to take six 

 species of marine mammals (bowhead, gray, and 

 beluga whales and ringed, spotted, and bearded seals) 

 by harassment incidental to seismic surveys conducted 

 during the open-water season (about 20 July to 20 

 October) at its Northstar site in the Beaufort Sea. On 

 14 August 1998 BP Exploration (Alaska) Inc. submit- 

 ted an application to the National Marine Fisheries 

 Service requesting a one-year authorization to take by 

 harassment small numbers of these six species inciden- 

 tal to construction of an offshore oil platform and 

 subsea pipeline at its Northstar Unit. Notice of 

 receipt of the application and the Service's proposed 

 incidental take authorization were published in the 

 Federal Register on 26 October 1998. The Commis- 

 sion, in consultation with its Committee of Scientific 

 Advisors, reviewed the Federal Register notice and 

 provided comments to the National Marine Fisheries 

 Service on 25 November 1998. The Commission 

 concurred with the Service's preliminary determina- 

 tion that the planned construction could have short- 

 term effects on the behavior of certain cetaceans and 

 pinnipeds and that any such behavioral effects would 

 be negligible in terms of population survival and 

 productivity. The Commission recommended that the 

 requested authorization be granted, provided the 

 Service was satisfied that the marine mammal moni- 

 toring program proposed for 1999 was adequate to 

 verify that only small numbers of marine mammals 

 are taken, that the taking is by harassment only, and 

 that the impacts on the affected species and stocks are 

 in fact negligible. 



The Commission noted that the activities for which 

 the applicant requested incidental harassment authori- 

 zation for a one-year period were part of a long-term 

 development project. The Commission recommended 



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