ML13311A036

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NRR E-mail Capture - Oyster Creek: Summary for 11/5/13 Call Regarding 2013 Sea Turtle Takes
ML13311A036
Person / Time
Site: Oyster Creek
Issue date: 11/06/2013
From: Briana Grange
NRC/NRR/DLR/RERGUB
To: Crocker J
US Dept of Commerce, National Oceanographic and Atmospheric Administration
References
Download: ML13311A036 (9)


Text

1 NRR-PMDAPEm Resource From:

Grange, Briana Sent:

Wednesday, November 06, 2013 3:23 PM To:

Julie Crocker - NOAA Federal Cc:

Logan, Dennis

Subject:

Oyster Creek: Summary for 11/5/13 call regarding 2013 sea turtle takes Attachments:

Summary of 11-5-13 Call on Oyster Creek Incidental Takes.pdf

Julie, Thanks for talking with Dennis and me yesterday regarding Oyster Creek. I briefly summarized what we discussed in the attached call summary. You had mentioned that you would circle back with people at your office to ensure that others agree that there does not need to be any further action on either NRCs or NMFSs part for Oyster Creek at this time. We will assume that this is true (i.e., no further action needed) unless we hear back from you otherwise. Thanks, and as always, please feel free to get in touch with either me or Dennis if you have questions.

Briana Briana A. Grange Biologist U.S. Nuclear Regulatory Commission NRR/DLR/RERB (301) 415-1042 briana.grange@nrc.gov

Hearing Identifier:

NRR_PMDA Email Number:

906 Mail Envelope Properties (Briana.Grange@nrc.gov20131106152200)

Subject:

Oyster Creek: Summary for 11/5/13 call regarding 2013 sea turtle takes Sent Date:

11/6/2013 3:22:54 PM Received Date:

11/6/2013 3:22:00 PM From:

Grange, Briana Created By:

Briana.Grange@nrc.gov Recipients:

"Logan, Dennis" <Dennis.Logan@nrc.gov>

Tracking Status: None "Julie Crocker - NOAA Federal" <julie.crocker@noaa.gov>

Tracking Status: None Post Office:

Files Size Date & Time MESSAGE 786 11/6/2013 3:22:00 PM Summary of 11-5-13 Call on Oyster Creek Incidental Takes.pdf 1613481 Options Priority:

Standard Return Notification:

No Reply Requested:

No Sensitivity:

Normal Expiration Date:

Recipients Received:

TELEPHONE CONFERENCE CALL OYSTER CREEK NUCLEAR GENERATING STATION ENDANGERED SPECIES ACT AND BIOLOGICAL OPINION COMPLIANCE Date November 5, 2013 Participants Julie Crocker, National Marine Fisheries Service (NMFS)

Briana Grange, U.S. Nuclear Regulatory Commission (NRC)

Dennis Logan, NRC

=

Background===

NMFS issued a biological opinion (BiOp) for the operation of Oyster Creek Nuclear Generating Station (Oyster Creek) on November 21, 2011 (ML12006A217). Term and Condition (T&C) 10 of the BiOp specifies that NRC must coordinate with NMFS in any year in which the estimated annual level of take is exceeded in order to determine whether the additional take represents new information revealing effects of the action that may not have been previously considered (see Attachment 1).

The 2011 BiOp does not specify exact numbers for the estimated annual take. However, in email correspondence following the issuance of the BiOp, the NRC and NMFS agreed that NRC would coordinate with NMFS in accordance with BiOp T&C 10 if Oyster Creek reports any of the following in a given year (see Attachment 2; ML11334A005):



more than four Kemps ridley (dead or alive),



more than two dead Kemps ridley,



more than one loggerhead (dead or alive),



one dead loggerhead,



more than one green turtle (dead or alive), or



one dead green turtle Between July and September 2013, Exelon Generation Co., LLC, reported to the NRC the incidental take of seven Kemps ridley turtles (three of which were lethal) and two loggerhead turtles (one of which was lethal). Thus, in 2013, Oyster Creek met or exceeded the agreed upon estimated annual take levels for these species. In accordance with T&C 10, NRC staff initiated a telephone conference with NMFS to discuss whether the 2013 takes represent new information.

Call Summary NRC and NMFS staff reviewed the past several years of incidental takes at Oyster Creek and agreed that the 2013 takes do not represent new information because they are within the normal range of takes observed at the plant in recent years (see Attachments 3 and 4). NRC and NMFS staff agreed that no further action need be taken at this time.

Attachments

1. Page 82 of November 21, 2011, Biological Opinion, Term and Condition 10
2. November 2011 email chain between NRC and NMFS regarding estimated annual take levels
3. Table of Oyster Creek Incidental Takes under November 21, 2011 Biological Opinion
4. Table of Reported Incidental Takes of Sea Turtles at Oyster Creek, 1994-2013

2011(d) 2012 2013 TOTAL Kemp's ridley 71 11 4

0 4

7 Dead Kemp's ridley 26 4

2 0

1 3

TOTAL loggerhead 6

2 1

0 0

2 Dead loggerhead 1

1 1

0 0

1 TOTAL green 11 1

1 0

1 0

Dead green 2

1 1

0 0

0 TOTAL 117 20 10 0

6 13 (a)NMFS issued the Oyster Creek biological opinion on November 21, 2011. The BiOp's incidental take statement (ITS) specifies total take limits from the date of issuance (11/21/11) until the end of the renewed license period (4/9/29).

(b)Green circles indicate that the number of takes is less than the limit set forth in the ITS; yellow circles indicate that the number of takes is equal to the limit set forth in the ITS; and red circles indicate that the number of takes has exceeded the limit set forth in the ITS.

(c)The estimated annual take are per numbers agreed upon in email correspondence between B. Grange (NRC), D. Logan (NRC), and J. Crocker (NMFS) dated 11/22/11 through 11/29/11.

(d)2011 takes listed are only those under the new BiOp. Previous to the issuance of this BiOp (1/1/11-11/21/11), Oyster Creek incidentally took 6 Kemp's ridley (of which, 2 were dead), 1 loggerhead, and 1 green turtle.

Oyster Creek Incidental Takes under November 21, 2011 Biological Opinion Takes Per Year(b)

Estimated Annual Take(c)

Takes from Nov 21, 2011 to present(b)

BiOp ITS Limit(a)

Incidental Take Statement Criteria Attachment 3

Year 1994 2 (2) 2 (1) 1995 1996 1997 1 (1) 1998 1

1999 1

1 (1) 2000 2 (1) 2 1

2001 2 (2) 1 2002 2

2003 1

1 2004 8 (3) 2005 2 (1) 2006 5 (1) 1 2007 2

2008 6 (1) 2009 10 (4) 1 2010 5 (1) 1 3

2011 6 (2) 1 1

2012 4 (1) 1 2013 7 (3) 2 (1)

TOTAL 66 (23) 10 (2) 10 (1)

Average (past 20 years) 3 (1) 1 (0) 1 (0)

Average (past 5 years) 6 (2) 0 (0) 1 (0)

  • The number incidentally taken appears as the total number of individuals taken (alive, injured, or dead) followed by the number in parentheses ( ) of individuals out of the total that were either dead upon discovery or died prior to release. A "-" indicates that no incidental takes of that species occurred in the given year.

Kemp's ridley (Lepidochelys kempii )

Loggerhead (Caretta caretta )

Green turtle (Chelonia mydas)

Number Incidentally Taken*

Reported Incidental Takes of Sea Turtles at Oyster Creek, 1994-2013 Attachment 4