Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico, 18353-18354 [E9-9264]

Download as PDF dwashington3 on PROD1PC60 with NOTICES Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices contact listed here (see FOR FURTHER INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/ incidental.htm. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Ken Hollingshead, Office of Protected Resources, NMFS, 301–713–2289. SUPPLEMENTARY INFORMATION: Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) direct the NMFS to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by United States citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region, if certain findings are made by NMFS and regulations are issued. Under the MMPA, the term ‘‘taking’’ means to harass, hunt, capture, or kill or to attempt to harass, hunt capture, or kill marine mammals. Authorization for incidental taking, in the form of annual LOAs, may be granted by NMFS for periods up to five years if NMFS finds, after notification and opportunity for public comment, that the taking will have a negligible impact on the species or stock(s) of marine mammals, and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant). In addition, NMFS must prescribe regulations that include permissible methods of taking and other means effecting the least practicable adverse impact on the species and its habitat (i.e., mitigation), and on the availability of the species for subsistence uses, paying particular attention to rookeries, mating rounds, and areas of similar significance. The regulations also must include requirements pertaining to the monitoring and reporting of such taking. Regulations governing the taking incidental to EROS were published on June 19, 2008 (73 FR 34889), and remain in effect through July 19, 2013. For detailed information on this action, please refer to that Federal Register notice. The species that applicants may take in small numbers during EROS activities are bottlenose dolphins (Tursiops truncatus), Atlantic spotted dolphins (Stenella frontalis), pantropical spotted dolphins (Stenella attenuata), Clymene dolphins (Stenella clymene), striped dolphins (Stenella coeruleoalba), spinner dolphins (Stenella longirostris), rough-toothed dolphins (Steno bredanensis), Risso’s dolphins (Grampus griseus), melonheaded whales (Peponocephala electra), VerDate Nov<24>2008 15:31 Apr 21, 2009 Jkt 217001 pilot whales (Globicephala macrorhynchus), and sperm whales (Physeter macrocephalus). Pursuant to these regulations, NMFS has issued an LOA to Kerr McGee Oil and Gas Corporation, Noble Energy, Inc., and Nippon Oil Exploration U.S.A. Limited. Issuance of the LOAs is based on a finding made in the preamble to the final rule that the total taking by these activities (with monitoring, mitigation, and reporting measures) will result in no more than a negligible impact on the affected species or stock(s) of marine mammals and will not have an unmitigable adverse impact on subsistence uses. NMFS also finds that the applicant will meet the requirements contained in the implementing regulations and LOA, including monitoring, mitigation, and reporting requirements. Dated: April 14, 2009. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–9000 Filed 4–21–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XO80 Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of letter of authorization. SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that NMFS has issued a one-year Letters of Authorization (LOA) to ExxonMobil Production Company to take marine mammals incidental to the explosive removal of offshore oil and gas structures (EROS) in the Gulf of Mexico. DATES: This authorization is effective from May 1, 2009 through April 30, 2010. ADDRESSES: The application and LOAs are available for review by writing to P. Michael Payne, Chief, Permits, Conservation, and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 18353 20910–3235 or by telephoning the contact listed here (see FOR FURTHER INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/ permits/incidental.htm. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Ken Hollingshead, Office of Protected Resources, NMFS, 301–713–2289. SUPPLEMENTARY INFORMATION: Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) direct the NMFS to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by United States citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region, if certain findings are made by NMFS and regulations are issued. Under the MMPA, the term ‘‘taking’’ means to harass, hunt, capture, or kill or to attempt to harass, hunt capture, or kill marine mammals. Authorization for incidental taking, in the form of annual LOAs, may be granted by NMFS for periods up to five years if NMFS finds, after notification and opportunity for public comment, that the taking will have a negligible impact on the species or stock(s) of marine mammals, and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant). In addition, NMFS must prescribe regulations that include permissible methods of taking and other means effecting the least practicable adverse impact on the species and its habitat (i.e., mitigation), and on the availability of the species for subsistence uses, paying particular attention to rookeries, mating rounds, and areas of similar significance. The regulations also must include requirements pertaining to the monitoring and reporting of such taking. Regulations governing the taking incidental to EROS were published on June 19, 2008 (73 FR 34889), and remain in effect through July 19, 2013. For detailed information on this action, please refer to that Federal Register notice. The species that applicants may take in small numbers during EROS activities are bottlenose dolphins (Tursiops truncatus), Atlantic spotted dolphins (Stenella frontalis), pantropical spotted dolphins (Stenella attenuata), Clymene dolphins (Stenella clymene), striped dolphins (Stenella coeruleoalba), spinner dolphins (Stenella longirostris), rough-toothed dolphins (Steno bredanensis), Risso’s dolphins (Grampus griseus), melon- E:\FR\FM\22APN1.SGM 22APN1 18354 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices headed whales (Peponocephala electra), pilot whales (Globicephala macrorhynchus), and sperm whales (Physeter macrocephalus). Pursuant to these regulations, NMFS has issued an LOA to ExxonMobil Production Company. Issuance of the LOA is based on a finding made in the preamble to the final rule that the total taking by these activities (with monitoring, mitigation, and reporting measures) will result in no more than a negligible impact on the affected species or stock(s) of marine mammals and will not have an unmitigable adverse impact on subsistence uses. NMFS also finds that the applicant will meet the requirements contained in the implementing regulations and LOA, including monitoring, mitigation, and reporting requirements. Dated: April 16, 2009. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–9264 Filed 4–21–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XO20 Endangered Species; File No. 13544 and No. 13573 dwashington3 on PROD1PC60 with NOTICES AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Issuance of permits. SUMMARY: Notice is hereby given that Jeffrey Schmid, Conservancy of Southwest Florida, 1450 Merrihue Drive, Naples, FL 34102 has been issued a permit to take Kemp’s ridley (Lepidochelys kempii), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), and green (Chelonia mydas) sea turtles for purposes of scientific research. Michael Salmon, Florida Atlantic University, 777 Glades Road, Boca Raton, FL 33431–0991 has been issued a permit to take green sea turtles for purposes of scientific research. ADDRESSES: The permits 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. VerDate Nov<24>2008 15:31 Apr 21, 2009 Jkt 217001 Southeast Region, NMFS, 263 13th Ave South, St. Petersburg, FL 33701; phone (727)824–5312; fax (727)824– 5309. FOR FURTHER INFORMATION CONTACT: Kate Swails or Patrick Opay, (301)713–2289. SUPPLEMENTARY INFORMATION: On July 24, 2008, notice was published in the Federal Register (73 FR 43211) that a request for a scientific research permit to take sea turtles had been submitted by Dr. Schmid. On September 3, 2008, notice was published in the Federal Register (73 FR 51446) that a request for a scientific research permit to take sea turtles had been submitted by Dr. Salmon. The requested permits have been issued under the authority of 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). Dr. Schmid’s research activities will characterize the aggregations of marine turtles in the nearshore waters of Lee County in southwest Florida. The permit holder will annually capture 130 Kemp’s ridley, 50 loggerhead, 20 green, and five hawksbill turtles. Turtles will be collected in Pine Island Sound, San Carlos Bay, Estero Bay, and adjacent Gulf of Mexico waters using a largemesh, run-around strike net. Turtles will be measured, weighed, and tagged with Inconel and passive integrated transponder tags. Tissue samples will be collected for genetic and stable isotope analyses. A subset of Kemp’s ridleys will be held for 24–48 hrs. for fecal sample collection. Another subset of Kemp’s ridleys will receive electronic transmitters to investigate their movements, home range, and habitat associations. The permit is a five-year permit. Dr. Salmon will study when green sea turtle navigation is guided by magnetic versus solar cues. Animals will be captured by hand, handled, weighed, measured, flipper and passive integrated transponder tagged, transported, temporarily held for experiments in an outdoor tank arena, and released. Researchers will capture and conduct research on up to 40 animals on near shore reefs of Palm Beach County, Florida over the course of the permit. The permit is issued for 3 years. Issuance of these permits, as required by the ESA, was based on a finding that such permits (1) were applied for in good faith, (2) will not operate to the disadvantage of such endangered or threatened species, and (3) are consistent with the purposes and PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 policies set forth in section 2 of the ESA. Dated: April 17, 2009. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–9252 Filed 4–21–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XO83 New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. SUMMARY: The New England Fishery Management Council’s (Council) VMS/ Enforcement Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). DATES: The meeting will be held on Friday, May 8, 2009 at 9:30 a.m. ADDRESSES: Meeting address: The meeting will be held at the Sheraton Ferncroft Hotel, 50 Ferncroft Road, Danvers, MA 01923; Telephone: (978) 777–2500; Fax: (978) 750–7991. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone: (978)465–0492. SUPPLEMENTARY INFORMATION: The items of discussion in the committee’s agenda are as follows: (1) The committee will review and discuss management alternatives under development in Amendment 4 to the Atlantic Herring Fishery Management Plan (FMP), which may include measures to establish annual catch limits and accountability measures, a catch monitoring program for the Atlantic herring fishery, management measures to address/minimize bycatch, and measures to address access by herring vessels to groundfish closed areas; and develop Enforcement Committee recommendations for Herring Committee/Council consideration. (2) The enforcement discussion regarding Amendment 4 to the Herring FMP will likely focus on the details of E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Notices]
[Pages 18353-18354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9264]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO80


Incidental Taking of Marine Mammals; Taking of Marine Mammals 
Incidental to the Explosive Removal of Offshore Structures in the Gulf 
of Mexico

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

ACTION:  Notice; issuance of letter of authorization.

-----------------------------------------------------------------------

SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA) 
and implementing regulations, notification is hereby given that NMFS 
has issued a one-year Letters of Authorization (LOA) to ExxonMobil 
Production Company to take marine mammals incidental to the explosive 
removal of offshore oil and gas structures (EROS) in the Gulf of 
Mexico.

DATES:  This authorization is effective from May 1, 2009 through April 
30, 2010.

ADDRESSES:  The application and LOAs are available for review by 
writing 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 20910-3235 
or by telephoning the contact listed here (see FOR FURTHER INFORMATION 
CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, by 
appointment, during regular business hours, at the aforementioned 
address.

FOR FURTHER INFORMATION CONTACT:  Howard Goldstein or Ken Hollingshead, 
Office of Protected Resources, NMFS, 301-713-2289.

SUPPLEMENTARY INFORMATION: Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 
1361 et seq.) direct the NMFS to allow, upon request, the incidental, 
but not intentional, taking of small numbers of marine mammals by 
United States citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region, if certain 
findings are made by NMFS and regulations are issued. Under the MMPA, 
the term ``taking'' means to harass, hunt, capture, or kill or to 
attempt to harass, hunt capture, or kill marine mammals.
    Authorization for incidental taking, in the form of annual LOAs, 
may be granted by NMFS for periods up to five years if NMFS finds, 
after notification and opportunity for public comment, that the taking 
will have a negligible impact on the species or stock(s) of marine 
mammals, and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant). In addition, NMFS must prescribe regulations that include 
permissible methods of taking and other means effecting the least 
practicable adverse impact on the species and its habitat (i.e., 
mitigation), and on the availability of the species for subsistence 
uses, paying particular attention to rookeries, mating rounds, and 
areas of similar significance. The regulations also must include 
requirements pertaining to the monitoring and reporting of such taking. 
Regulations governing the taking incidental to EROS were published on 
June 19, 2008 (73 FR 34889), and remain in effect through July 19, 
2013. For detailed information on this action, please refer to that 
Federal Register notice. The species that applicants may take in small 
numbers during EROS activities are bottlenose dolphins (Tursiops 
truncatus), Atlantic spotted dolphins (Stenella frontalis), pantropical 
spotted dolphins (Stenella attenuata), Clymene dolphins (Stenella 
clymene), striped dolphins (Stenella coeruleoalba), spinner dolphins 
(Stenella longirostris), rough-toothed dolphins (Steno bredanensis), 
Risso's dolphins (Grampus griseus), melon-

[[Page 18354]]

headed whales (Peponocephala electra), pilot whales (Globicephala 
macrorhynchus), and sperm whales (Physeter macrocephalus).
    Pursuant to these regulations, NMFS has issued an LOA to ExxonMobil 
Production Company. Issuance of the LOA is based on a finding made in 
the preamble to the final rule that the total taking by these 
activities (with monitoring, mitigation, and reporting measures) will 
result in no more than a negligible impact on the affected species or 
stock(s) of marine mammals and will not have an unmitigable adverse 
impact on subsistence uses. NMFS also finds that the applicant will 
meet the requirements contained in the implementing regulations and 
LOA, including monitoring, mitigation, and reporting requirements.

    Dated: April 16, 2009.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E9-9264 Filed 4-21-09; 8:45 am]
BILLING CODE 3510-22-S