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6 

 The biological opinion concluded that, based on the best 

 available information, issuance of a permit for discharge of 

 sewage at the proposed MWRA outfall may affect, but is not likely 

 to jeopardize the continued existence of any listed or proposed 

 species pr critical habitat under NMFS' jurisdiction. NMFS 

 believes that water quality conditions in areas commonly used by 

 listed species would not appreciably change due to the relocation 

 of the outfall. While we do not have a precise understanding of 

 the effects of present conditions on porpoise and whales, we are 

 confident that the existing outfalls are not jeopardizing the 

 continued existence of any of these species. However, we remain 

 concerned about its potential effects on these animals and marine 

 habitat in general. These concerns form the basis for the 

 conservation recommendations included in the biological opinion. 



The factors that form the basis for determining that the outfall 

 may affect, but is not likely to jeopardize, the continued 

 existence of any listed or proposed species or critical habitat 

 under NMFS jurisdiction include the following: 



(1) Recent research has demonstrated that there is significant 

 export of nutrients from Boston Harbor into Massachusetts 

 Bay. Modeled predictions indicate that the proposed 

 discharge will not appreciably change nitrogen 

 concentrations from existing conditions in the areas used by 

 right, humpback, and fin whales. Therefore, changes are not 



