Marine Mammals; File No. 10019, 45013-45014 [E7-15685]

Download as PDF Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Notices authorized number of takes for biopsy sampling and tagging of gray whales (Eschrichtius robustus) and non-ESAlisted killer whales (Orcinus orca) as well as the takes during close approach for aerial and vessel surveys, photoidentification, tagging, and biopsy sampling of non-endangered dwarf sperm whales (Kogia breviceps), pantropical spotted dolphin (Stenella attenuata), pygmy sperm whales (Kogia simus), rough-toothed dolphins (Steno bredanensis), Hawaii spinner dolphins (Stenella longirostris), striped dolphins (Stenella coeruleoalba), and melonheaded whales (Peponocephala electra) in the North Pacific Ocean. The amended permit is valid until the permit expires on June 30, 2009. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an environmental assessment was prepared analyzing the effects of the permitted activities. After a Finding of No Significant Impact, the determination was made that it was not necessary to prepare an environmental impact statement. Documents may be reviewed in the following locations: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)427–2521; Northwest Region, NMFS, 7600 Sand Point Way NE., BIN C15700, Bldg. 1, Seattle, WA 98115–0700; phone (206)526–6150; fax (206)526–6426; Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; phone (907)586–7221; fax (907)586–7249; Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213; phone (562)980–4001; fax (562)980–4018; and Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, Honolulu, HI 96814–4700; phone (808)973–2935; fax (808)973–2941. Dated: August 3, 2007. Tammy C. Adams, Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7–15683 Filed 8–9–07; 8:45 am] BILLING CODE 3510–22–S sroberts on PROD1PC70 with PROPOSALS DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XB85 Marine Mammals; File No. 1120–1898 National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Aug<31>2005 16:37 Aug 09, 2007 Jkt 211001 Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. SUMMARY: Notice is hereby given that Eye of the Whale Research (Olga von Ziegesar, Principal Investigator), P.O. Box 15191, Fitz Creek, Alaska, 99603, has been issued a permit to conduct research on humpback whales (Megaptera novaeangliae). ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)427–2521; and Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; phone (907)586–7221; fax (907)586–7249. FOR FURTHER INFORMATION CONTACT: Amy Hapeman or Brandy Hutnak, (301)713–2289. SUPPLEMENTARY INFORMATION: On February 28, 2007, notice was published in the Federal Register (72 FR 8972) that a request for a scientific research permit to take humpback whales had been submitted by the above-named organization. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226). Permit No. 1120–1898, issued to the Eye of the Whale Research, allows for the take of humpback whales in Prince William Sound and adjacent waters of Alaska to determine the population size, distribution, recurrence of individuals, feeding habits, vital rates, associations between animals, and sex of individuals. Researchers may closely approach up to 1,350 whales annually during vessel surveys for photoidentification and behavioral observation. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an environmental assessment was prepared analyzing the effects of the permitted activities. After a Finding of No Significant Impact, the determination was made that it was not necessary to prepare an environmental impact statement. Issuance of this permit, as required by the ESA, was based on a finding that PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 45013 such permit: (1) Was applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) is consistent with the purposes and policies set forth in section 2 of the ESA. Dated: August 3, 2007. Tammy C. Adams, Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7–15684 Filed 8–9–07; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XB64 Marine Mammals; File No. 10019 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: SUMMARY: Notice is hereby given that Jonathon Millman, 268 Mast Road, Durham, New Hampshire 03824, has applied in due form for a permit to conduct commercial/educational photography of harbor (Phoca vitulina) and gray (Halichoerus grypus) seals. DATES: Written, telefaxed, or e-mail comments must be received on or before September 10, 2007. ADDRESSES: The application and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)427–2521; and Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930–2298; phone (978)281–9300; fax (978)281–9394. Written comments or requests for a public hearing on this application should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate. Comments may also be submitted by facsimile at (301)427–2521, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. E:\FR\FM\10AUN1.SGM 10AUN1 45014 Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Notices Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is NMFS.Pr1Comments@noaa.gov. Include in the subject line of the e-mail comment the following document identifier: File No. 10019. FOR FURTHER INFORMATION CONTACT: Jaclyn Daly or Tammy Adams, (301)713–2289. The subject permit is requested under the authority of section 104(c)(6) of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216). Section 104(c)(6) provides for photography for educational or commercial purposes involving nonendangered and non-threatened marine mammals in the wild. NMFS is currently working on proposed regulations to implement this provision. However, in the meantime, NMFS has received and is processing this request as a ‘‘pilot’’ application for Level B Harassment of non-listed and nondepleted marine mammals for photographic purposes. Harbor and gray seals would be filmed on land, from vessel, and underwater within the Isles of Shoals and Casco Bay, Maine. The images collected would be used in a segment for the New Hampshire Public Television educational series ‘‘Windows to the Wild.’’ Up to 300 harbor and 50 gray seals may be harassed during filming. Harassment would not exceed Level B and filming would occur on no more than two occasions. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. sroberts on PROD1PC70 with PROPOSALS SUPPLEMENTARY INFORMATION: Dated: August 6, 2007. Tammy C. Adams, Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7–15685 Filed 8–9–07; 8:45 am] BILLING CODE 3510–22–S VerDate Aug<31>2005 16:37 Aug 09, 2007 Jkt 211001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XB11 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed authorizations for two incidental take authorizations; request for comments. AGENCY: SUMMARY: NMFS has received a request from Union Oil Company of California (UOCC) to change the effective date of its Incidental Harassment Authorization (IHA) covering the period between May 1 and June 15 to between September 4 and November 15, 2007. NMFS has received a request from Marathon Oil Company (MOC) for an authorization to take small numbers of five marine mammal species incidental to seismic operations in portions of Cook Inlet, Alaska. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to modify the effective dates of the IHA which was issued to UOCC, and to issue a new authorization to MOC to incidentally take, by harassment, small numbers of these species between October 1 and November 30, 2007. DATES: Comments and information must be received no later than September 10, 2007. ADDRESSES: Comments on the applications and draft Supplemental Environmental Assessment (SEA) 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 the contact listed here. The mailboxes address for providing e-mail comments are PR1.0648– XB11@noaa.gov. Comments sent via email, including all attachments, must not exceed a 10–megabyte file size. Copies of the applications, the application letters, draft SEA, and other related documents may be obtained by writing to this address or by telephoning one of the contacts listed here (see FOR FURTHER INFORMATION CONTACT). The applications and draft EA are also available at: https://www.nmfs.noaa.gov/ pr/permits/incidental.htm. FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Frm 00009 Fmt 4703 SUPPLEMENTARY INFORMATION: Background Taking of Marine Mammals Incidental to Specified Activities; Open Water Seismic Operations in Cook Inlet, Alaska PO 00000 Resources, NMFS, (301) 713–2289, ext 137, or Brad Smith, Alaska Region, NMFS, (907) 271–3023. Sfmt 4703 Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. An authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses and that 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.’’ Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ 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]. Section 101(a)(5)(D) establishes a 45– day time limit for NMFS review of an application followed by a 30–day public notice and comment period on any proposed authorizations for the incidental harassment of small numbers of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. E:\FR\FM\10AUN1.SGM 10AUN1

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[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Notices]
[Pages 45013-45014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15685]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB64


Marine Mammals; File No. 10019

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application.

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SUMMARY:  Notice is hereby given that Jonathon Millman, 268 Mast Road, 
Durham, New Hampshire 03824, has applied in due form for a permit to 
conduct commercial/educational photography of harbor (Phoca vitulina) 
and gray (Halichoerus grypus) seals.

DATES:  Written, telefaxed, or e-mail comments must be received on or 
before September 10, 2007.

ADDRESSES:  The application and related documents are available for 
review upon written request or by appointment in the following 
office(s):
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301)713-2289; fax (301)427-2521; and
    Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-
2298; phone (978)281-9300; fax (978)281-9394.
    Written comments or requests for a public hearing on this 
application should be mailed to the Chief, Permits, Conservation and 
Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 
East-West Highway, Room 13705, Silver Spring, MD 20910. Those 
individuals requesting a hearing should set forth the specific reasons 
why a hearing on this particular request would be appropriate.
    Comments may also be submitted by facsimile at (301)427-2521, 
provided the facsimile is confirmed by hard copy submitted by mail and 
postmarked no later than the closing date of the comment period.

[[Page 45014]]

    Comments may also be submitted by e-mail. The mailbox address for 
providing e-mail comments is NMFS.Pr1Comments@noaa.gov. Include in the 
subject line of the e-mail comment the following document identifier: 
File No. 10019.

FOR FURTHER INFORMATION CONTACT: Jaclyn Daly or Tammy Adams, (301)713-
2289.

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority of section 104(c)(6) of the Marine Mammal Protection Act of 
1972, as amended (16 U.S.C. 1361 et seq.) and the regulations governing 
the taking and importing of marine mammals (50 CFR part 216). Section 
104(c)(6) provides for photography for educational or commercial 
purposes involving non-endangered and non-threatened marine mammals in 
the wild. NMFS is currently working on proposed regulations to 
implement this provision. However, in the meantime, NMFS has received 
and is processing this request as a ``pilot'' application for Level B 
Harassment of non-listed and non-depleted marine mammals for 
photographic purposes.
    Harbor and gray seals would be filmed on land, from vessel, and 
underwater within the Isles of Shoals and Casco Bay, Maine. The images 
collected would be used in a segment for the New Hampshire Public 
Television educational series ``Windows to the Wild.'' Up to 300 harbor 
and 50 gray seals may be harassed during filming. Harassment would not 
exceed Level B and filming would occur on no more than two occasions.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), an initial determination has been made that 
the activity proposed is categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of this application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: August 6, 2007.
Tammy C. Adams,
Acting Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E7-15685 Filed 8-9-07; 8:45 am]
BILLING CODE 3510-22-S
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