ML18106B047

Responds to NRC 980615,request to Reinitiate Consultation with National Marine Fisheries Service,Per Section 7 of Endangered Species Act,To Remove Study Requirement from Incidental Take Statement for Sngs & HCGS

ML18106B047
Person / Time
Site:	Salem, Hope Creek
Issue date:	01/21/1999
From:	Diazsoltero H COMMERCE, DEPT. OF
To:	Essig T NRC (Affiliation Not Assigned)
References
NUDOCS 9902080076
Download: ML18106B047 (10)

Text

UNITED STATE.EPARTMENT OF COMMERCE Naticnal Oceanic and Atmcapheric Adminiatraticn NATIONAL MARINE FISHERIES SERVICE Silver Spring, Maryland 2081 O JAN 2 I 1999 Thomas H. Essig, Acting Chief Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. 20555-0001

Dear Mr. Essig:

This responds to the Nuclear Regulatory Commission's (NRC) June 15, 1998, request to reinitiate consultation with the National Marine Fisheries Service (NMFS), pursuant to Section 7 of the Endangered Species Act(ESA), to remove a study requirement from the Incidental Take Statement (ITS) for the Salem and Hope Creek Nuclear Generating Station (SNGS) in Lower Alloways Creek Township, Salem County, New Jersey. Reasonable and prudent measure number seven (7) of the ITS, issued on May 14, 1993, required the Public Service Electric and Gas Company (PSEG), the operator of the SNGS, to track the movements of loggerhead sea turtles incidentally captured at the SNGS and released into Delaware Bay. NMFS required the study for the duration of the ll ff ITS or until reevaluation indicated that further investigation was no longer necessary. Based on our review of a June 1997 study report 1 and assessment of the causes of loggerhead sea l"r}f)j L-* ,. ,.

turtle take at the SNGS (see review below), NMFS revised the ITS to omit the sea turtle study requirement. A new ITS is enclosed and should be attached to the biological opinion concerning operation of the SNGS.

The revised ITS also includes several other modifications, one new reasonable and prudent measure, and one new term and condition. These additional changes are listed below. NMFS and the U.S. Fish and Wildlife Service recently completed an endangered species consultation handbook (Procedures for Conducting Consultation and Conferences Activities Under Section 7 of the Endangered Species Act, March 1998, copy enclosed).

Hence, we have modified the content and format of the enclosed ITS to comply with these new guidelines.

1 "Evaluation of macrohabitat utilization by loggerhead sea turtles in Delaware Estuary using sonic and satellite tracking techniques." Final Report prepared by the Public Service Electric and Gas Company, Nuclear Business Unit, June 1997.

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Changes to the Incidental Take Statement

1. NMFS decreased the annual allowable take of shortnose sturgeon from ten (10) to five (5) fish. This change reflects a review of annual and average take levels of shortnose sturgeon at the station (i.e., to generate an anticipated level of take) . This take level is consistent with shortnose sturgeon take levels assigned for other federal projects in the Delaware River Estuary.

2. NMFS specified a period when ice barriers must be kept out of the circulating water intake (CWS) trash bar area (Reasonable and Prudent Measure Number 1). The reason for this requirement is detailed in the section below.

3. Any shortnose sturgeon recovered from the CWS intake trash bars must be scanned for Passive Integrated Transponder (PIT) tags using an appropriate scanner (Term and Condition Number 4).

4. A new Northeast Region contact for discussing this consultation and submitting reports is identified (Term and Condition Number 5).

5. The annual meeting requirement has been changed to an "as needed" basis (Term and Condition Number 6).

Background:

Sea Turtle Study Requirement In 1991, 23 loggerhead sea turtles were recovered from the SNGS CWS intake trash bar area. All but one of these turtles were recovered alive and released. Prior to 1991, eight loggerhead turtles taken in 1988 represented the largest number of turtles taken in one year. The increased take level in 1991, and another relatively high level of take in 1992 (n= 10), prompted concern that elevated ambient water temperatures, associated with SNGS operation, might attract sea turtles to the intake trash bar area. Therefore, when consultation was reinitiated with NRC in 1993, NMFS added a requirement to the revised ITS to track (via sonic and satellite transmitters) the movements of loggerhead sea turtles incidentally collected at the SNGS.

Between 1992 and 1996, the PSEG tracked the movements of seven loggerhead sea turtles (six in 1992 and one in 1994) in Delaware Bay. Following release, the tagged turtles were mostly relocated 2

in shallow habitats along the Delaware River shoreline in New Jersey and Delaware or mid-river near the shipping channel. None of the tagged turtles returned to the SNGS region though two of the loggerhead turtles swam ino two tidal tributaries of the bay, the Appoquinomink and Maham rivers. The tagged loggerhead sea turtles' broad use of the Delaware River and shoreline during the tracking period suggests that suitable habitat exists for loggerhead sea* turtles in the Delaware Bay region and that the SNGS region is not preferred habitat for the turtles.

The number of loggerhead sea turtles found on the intake trash bars between 1993 and 1996 (n= 2; one in 1993 and one 1995) was considerably lower than the total number collected in 1991 (n=

23) and closer to the overall average of loggerhead sea turtles taken at SNGS between 1979 and 1996 (mean = 3 turtles/ year ) .

This information indicates that 1991 was an anomalous year for sea turtle takes at SNGS. In 1992, PSEG staff realized that ice barriers, which barricade the intake trash bar region from harmful ice conditions, had been left in place during the off season (Summer and Fall) of 1991 and 1992. The ice barriers probably hindered the sea turtles' ability to easily exit the trash bar region and increased their susceptibility to impingement on the trash racks. Since instituting ice barrier removal during the off season in 1993, the number of sea turtle takes has declined lending additional support for the conclusion that the ice barriers were largely responsible for increased takes in 1991 and 1992. The available tracking data does not provide any evidence that operation of the SNGS attracts sea turtles to the intake trash bar region. Although additional tracking data would improve our understanding of sea turtle distribution and habitat use in Delaware Bay, such a study is no longer a non-discretionary requirement of the NRC's Section 7 consultation concerning operation of the Salem and Hope Creek Nuclear Generating Station. However, since PSEG was unable to track Kemp's ridley and green sea turtles, changes in lhe capture composition (i.e., a shift towards green on Kemp's ridley) may require reevaluation.

Reinitiation Notice As provided in 50 CFR §402.16, reinitiation of formal consultation is required where discretionary Federal agency involvement or control over SNGS operation has been retained (or is authorized by law) and if: ( 1) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the operatibn of the SNGS that may *affect listed species or critical habitat in a manner or to an extent not considered in the biological opinion; (3) operation of the SNGS is subsequently 3

modified in a manner that causes an effect to the listed species or* critical habitat not considered in the biological opinion; or (4) a new species is listed or critical habitat designated that may be affected by SNGS operation. In instances where the amount or extent of incidental take is exceeded, the NRC must immediately reinitiate consultation to ensure compliance with Section 7 and Section 9 of the ESA.

NMFS appreciates your efforts to improve the understanding of sea turtle and sturgeon biology in Delaware Bay and further the intent of ESA by implementing conservation programs for listed species. I look forward to continued cooperation through the Section 7 consultation process.

Sincerely, Hilda Diaz-Soltero Director Off ice of Protected Resources Enclosures 4

INCIDENTAL TAKE STATEMENT (Amended January 21, 1999)

Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take of endangered and threatened species, respectively, without special exemption. Take is defined as to harass, hunt, pursue, hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct. Incidental take is any take of a listed species that is incidental to, and not the purpose of, the carrying out an otherwise lawful activity. Under the terms of section 7(b) (4) and section 7(o) (2), taking that is incidental to and not intended as part of the agency action is not considered a prohibited taking under the Act provided that such taking is in compliance with the terms and conditions of this Incidental Take Statement.

The measures described below are non-discretionary, and must be implemented by the NRC so that they become binding conditions of any .grant or permit issued by the NRC, as appropriate, in order for the exemption in section 7 ( o) ( 2) to apply. The NRC has a continuing duty to regulate the activity covered by this incidental take statement. If the NRC (1) fails to assume and implement the terms and conditions, or (2) fails to require any contracted group to adhere to the terms and conditions of the incidental take statement through enforceable terms that are added to a permit or grant document, the protective coverage of section 7(o) (2) may lapse. In order to monitor the impact of incidental take, the NRC, or any contracted group, must report the progress of the action and its impact on shortnose sturgeon to the NMFS as specified in the Incidental Take Statement.

AMOUNT OR EXTENT OF TAKE The NMFS anticipates that, annually, five (5) Kemp's ridley, five (5) green turtles, thirty (30) loggerhead sea turtles, and five (5) shortnose sturgeon could be taken during operation of the Salem Nuclear Generating Station. The incidental take is expected to be in the form of injuries and mortalities. Lethal take limits for each species are one (1) Kemp's ridley, two (2) green turtles, and five (5) loggerhead sea turtles, and five (5) shortnose sturgeon. Sea turtles and shortnose sturgeon may be injured or killed by impingement in the circulating water intakes of the Salem Nuclear Generating Station.

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The NMFS has determined anticipated take levels for the SNGS based on multiple factors, including: 1) history and type of take at the SNGS; 2) shortnose sturgeon and sea turtle occurrence in the Action area; and 3) duration of the project. The following includes a summary of the analysis on which anticipated take levels are based for project considered in this BO.

Sea turtle and sturgeon takes have been recorded at this station since 1979. Annual ranges, average take levels (over the sampling period), and total mortalities for each species are:

green sea turtle: 0 to 1 (mean= 0.1 per year), with one mortality; Kemp's ridley sea turtle: 0 to 6 (mean= one per year

) with 11 total mortalities; loggerhead sea turtles: 0 - 23 (mean

= 3 per year), with 20 mortalities; and shortnose sturgeon: 0 to 3 (mean= 0.6 per year), with at least five mortalities. Sea turtle takes have occurred during the summer and fall months (5 June through 2 October) when water temperatures are suitable for foraging turtles. Shortnose sturgeon have been collected on the CWS intake trash bars in January (1), May (4), June (1), October (2), and November (3). Past research on shortnose sturgeon indicates that sturgeon mainly occur in the upper Delaware River.

Long distance movements to the lower river and upper Bay occur in spring and summer, possibly for increased foraging opportunities.

Some portion of the adult population may overwinter in brackish portions of the Delaware estuary, thus increasing their susceptibility to takes in late fall.

EFFECT OF THE TAKE In the accompanying biological opinion, the NMFS determined that this level of anticipated take is not likely to result in jeopardy to Kemp's ridley, green, or loggerhead sea turtles, or shortnose sturgeon.

REASONABLE AND PRUDENT MEASURES The NMFS believes the following reasonable and prudent measures are necessary and appropriate to minimize take of Kemp's ridley, green, and loggerhead sea turtles, and shortnose sturgeon:

1. Ice barriers must be removed from the intake trash bar area by May 1 and replaced after October 24.

2. The Salem Nuclear Generating Station's CWS intake trash bars must be cleaned at least three times per week between May 1 and November 15, and must be cleaned daily from June 1 to October 15.

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3. The SNGS CWS intake trash bars must be inspected every two hours from June 1 through October 15.

4. If a lethal incidental take of a listed species occurs between June 1 and October 15, that is directly attributable to the plant intake structure, monitoring of the SNGS CWS intake structure must be conducted hourly (rather than every 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />).

TERMS AND CONDITIONS In order to be exempt from the prohibitions of section 9 of the Act, the NRC must comply with the following terms and conditions, which implement the reasonable and prudent measures described above and outline required reporting/monitoring requirements.

These terms and conditions are non-discretionary.

1. Comatose sea turtles must be resuscitated according to the procedures described in Appendix 1. These procedures must be posted in appropriate areas such as the fish pool buildings and the circulating water system operator's office.

2. Live sea turtles must be inspected for signs of illness or injury. Any ill or injured sea turtle must be given appropriate medical attention, and must not be released until its condition has improved.

3. Dead sea turtles must be necropsied by qualified personnel.

Identification of sex must be determined and stomach contents must be identified to determine whether waste products from the SNGS CWS trash racks are attracting sea turtles. Necropsy reports must be submitted to NMFS when completed.

4. Dead shortnose sturgeon must be inspected for external tags and passive integrated transponder (PIT) tags using an appropriate scanner. Tissue samples must be removed from dead fish and samples and carcasses shipped as instructed in Appendix III.

5. Unless otherwise notified by the NMFS' Northeast Regional Office, documentation of any incidental take must be sent, within 30 days of a take, to Nancy Haley, NMFS, Protected Resources Division, 212 Rogers Avenue, Milford, CT 06460 (fax number: 203. 579.7072). For shortnose sturgeon mortalities, use the mortality report shown in Appendix II.

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6. As appropriate, the NMFS, NRC, and PSEG staff will review incident reports to identify trends in sea turtle and shortnose sturgeon takes and conservation recommendations that may improve understanding of listed species' biology in the region.

The NMFS believes that, annually, no more than five (5) Kemp's ridley, five (5) green, and thirty (30) loggerhead sea turtles, and five (5) shortnose sturgeon will be incidentally taken as a result of SNGS operation. The reasonable and prudent measures, with their implementing terms and conditions, are designed to minimize the impacts of incidental take that might otherwise result from the plant's operation. If, during the course of this action, this level of incidental take is exceeded, such incidental take represents new information requiring review of the reasonable and prudent measures provided. The NRC must immediately provide an explanation of the causes of the taking and review with the NMFS the need for possible modification of the reasonable and prudent measures.

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APPENDIX II Mortality Record for Shortnose Sturgeon Date: Time of Day (fish discovered):

Photos taken: Y I N Tags detected: Y I N External:*

PIT #:~~~~~~~~~~~~~~~~~~~~~

Fork Length (FL, to nearest mm)

Total Length (TL, to nearest mm)

Measurements: Fork Length: in. I mm Total Length: in. I mm Comments (condition of fish, how discovered, etc.):

Disposition of carcass and any tissues:

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APPENDIX III

• rnstructions for Tissue Removal from Shortnose Sturgeon and Disposition of Carcasses a.) Instructions for Tissue Removal from Shortnose Sturgeon:

Using a sharp knife, cut away a one centimeter square piece from the soft tissue on any of the fins. Place the sample in a sealed container containing 95% ethanol. Include a copy of the shortnose sturgeon mortality report with the shipment. Unless otherwise instructed by the NMFS, ship the sample to:

Dr. Ike Wirgin Institute of Environmental Medicine New York University Medical Center Long Meadow Road Tuxedo, New York 10987 (914) 351-2415 b.) Disposition of Fish Carcasses:

Unless otherwise instructed by the NMFS, transfer shortnose sturgeon mortalities to the institution listed below. Include a copy of the shortnose sturgeon mortality report with the specimen.

Academy of Natural Sciences Department of Ichthyology 1900 Benjamin Franklin Parkway Philadelphia, Pennsylvania 19103-1195

Contact:

Bill Saul, Collection Manager (215) 299- 1026 6