Marine Mammals; File No. 14534, 11131-11132 [2010-5014]
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erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
and develop a cycle for submission and
processing of applications for permits.
Some commenters indicated that the
ANPR was too general to allow for
meaningful comment. Others provided
suggestions for modifications or
expressed support for or opposition to
changes proposed in the ANPR. Based
on comments received, and an internal
scoping process, NMFS has developed
more specific proposed revisions,
additions, and restructuring to form the
basis of one or more alternatives to be
evaluated in an EA for a Proposed Rule
to revise NMFS marine mammal permit
application procedures and permit
requirements. This internal scoping
summary document contains proposed
regulatory language but does not
represent a preferred alternative. Rather,
it indicates where NMFS believes
changes to the permit regulations are
needed. The internal scoping summary
document and comments on the ANPR
are available at https://
www.nmfs.noaa.gov/pr/permits/
mmpalregulations.htm.
NMFS is preparing an EA to evaluate
the potential environmental impacts of
promulgating revised regulations
governing permit application
submission, review, and decision
procedures including issuance criteria,
penalties and permit sanctions, and
permit conditions related to reporting,
permit modifications, and restrictions.
The purpose of the proposed revisions
to the regulations is to improve their
utility by clarifying, reorganizing, and
updating the regulatory language. These
improvements are needed to enhance
readability, compliance, and
enforcement.
This notice initiates a public scoping
period that will inform the structure of
alternatives and relevant information
considered in the EA. The number and
structure of the alternatives analyzed in
the EA will be determined based on
information gathered during scoping.
NMFS is seeking public comments on
the following:
(1) New and revised definitions.
NMFS is considering a number of new
definitions and revision of some
existing definitions to clarify terms
related to permit application
submission, review, and decision
procedures and permit terms and
conditions.
(2) Restructuring and re-ordering
some sections. NMFS is considering
consolidating some sections of Subparts
B (Prohibitions), C (General Exceptions),
and D (Special Exceptions) of the
regulations, reordering the regulations
to parallel the structure of the MMPA,
and adding sections on the Marine
Mammal Inventory, public display, and
VerDate Nov<24>2008
15:07 Mar 09, 2010
Jkt 220001
photography permits. For example,
NMFS proposes consolidation of all
marine mammal parts collection and
transfer regulations into sections within
subpart C, rather than the current
distribution across multiple subparts.
(3) Revisions and additions to
application and permit requirements.
NMFS is considering substantial
revisions and additions to the sections
specific to permits for scientific research
and enhancement, commercial and
educational photography, and public
display. For example, NMFS proposes
insertions describing permit
requirements for educational and
commercial photography, which do not
have specific regulations and are
currently processed according to
regulations for scientific research and
enhancement.
(4) Factors to consider in evaluating
significance of impacts. NMFS seeks
comment from persons affected by or
otherwise interested in the marine
mammal permitting process related to
how proposed regulatory changes may
affect marine mammals and their
environment, as well as on potential
impacts on the regulated public.
NMFS will consider all comments
received during the comment period.
All hardcopy submissions must be
unbound, on paper no larger than 8 1/
2 by 11 inches (216 by 279 mm), and
suitable for copying and electronic
scanning. NMFS requests that you
include in your comments: (1) Your
name and address; and (2) Any
background documents to support your
comments, as you feel necessary. A draft
EA will be made available for public
review concurrent with publication of a
notice of proposed rulemaking.
Dated: March 4, 2010.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–5142 Filed 3–9–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XR52
Marine Mammals; File No. 14534
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of amended
application.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
11131
SUMMARY: Notice is hereby given that
Ned Cyr, Director, NOAA Office of
Science and Technology, Silver Spring,
MD, has submitted a revised application
for a permit to conduct research on
marine mammals in the Pacific Ocean.
DATES: Written, telefaxed, or e-mail
comments must be received on or before
April 9, 2010.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 14534 from the list of
available applications.
These documents are also available
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) 713–0376; and
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562) 980–4001;
fax (562) 980–4018.
Written comments on this application
should be submitted to the Chief,
Permits, Conservation and Education
Division, at the address listed above.
Comments may also be submitted by
facsimile to (301) 713–0376, or by email to NMFS.Pr1Comments@noaa.gov.
Please include the File No. in the
subject line of the e-mail comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits, Conservation and
Education Division at the address listed
above. The request should set forth the
specific reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Tammy Adams or Carrie Hubard, (301)
713–2289.
SUPPLEMENTARY INFORMATION: On
September 11, 2009, notice was
published (74 FR 46745) of a request for
a permit under the authority of the
Marine Mammal Protection Act of 1972,
as amended (MMPA; 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 222–226).
The original application is a request
for a five-year permit to conduct a
research program involving studies of
sound production, diving and other
E:\FR\FM\10MRN1.SGM
10MRN1
erowe on DSK5CLS3C1PROD with NOTICES
11132
Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
behavior, and responses to sound of
marine mammals, including endangered
species. The results would be integrated
with related studies and directly
contribute to conservation management
for sound producers and regulatory
agencies by identifying characteristics of
target species that are critical for passive
monitoring, detection, and/or density
estimation and by demonstrating how
specific sounds, including simulated
military sonar, may evoke behavioral
responses in marine mammals. The
experimental design involves
temporarily attaching individual
recording tags to measure vocalization,
behavior, and physiological parameters
as well as sound exposure. Behavior
will be measured before, during, and
after carefully controlled exposures of
sound in conventional playback
experiments. Tagged subjects will be
exposed to received sound levels up to
180 dB re: 1μPa. This study will involve
various activities that could take
animals by harassment, including close
approaches, attachment of tags, and
sound exposure. Small fragments of
sloughed skin, which often remain
attached to retrieved tags, would be
used for genetic analyses. Target species
include beaked whales and other
odontocetes, key baleen whales, and
pinniped species for whom such data
have not been previously obtained;
other marine species may be
incidentally impacted. Please refer to
the tables in the application for the
numbers of marine mammals, by species
and stock, that are proposed for this
permit. The research will be focused in
the waters within the U.S. Navy’s
Southern California Range Complex,
and primarily near the vicinity of San
Clemente Island.
The applicant has revised the
application to (1) increase the number of
Risso’s dolphins (Grampus griseus),
bottlenose dolphins (Tursiops
truncatus), Pacific white-sided dolphins
(Lagenorhynchus obliquidens), and
northern elephant seals (Mirounga
angustirostris) that may be harassed by
close approach, focal follow, tag
attachment, and sound exposure, to
include these species as focal animals in
the overall objectives; (2) increase the
number of requested ‘‘tagless’’ playbacks
for some cetacean species, such as blue
whales (Balaenoptera musculus) and fin
whales (B. physalus) and the social
pelagic delphinids, but not for the more
solitary and deep-diving beaked whale
species, to increase data obtained on
behavioral responses; (3) modify the
proposed action area slightly northward
to 35° 0’ N; the longitude boundaries
remain as before (from 116° 0’ to 127°
VerDate Nov<24>2008
15:07 Mar 09, 2010
Jkt 220001
0’ W); and (4) clarify tagging and
playback protocols and mitigation for
when dependent calves are present.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: March 3, 2010.
Tammy C. Adams,
Acting Chief, Permits, Conservation and
Education Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2010–5014 Filed 3–9–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XU85
Marine Mammals; File No. 15261
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
SUMMARY: Notice is hereby given that
Paul Ponganis, Ph.D., University of
California at San Diego, La Jolla, CA
92093, has applied in due form for a
permit to conduct research on leopard
seals (Hydrurga leptonyx) in Antarctica.
DATES: Written, telefaxed, or e-mail
comments must be received on or before
April 9, 2010.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 15261 from the list of
available applications.
These documents are also available
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) 713–0376; and
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562) 980–4001;
fax (562) 980–4018.
Written comments on this application
should be submitted to the Chief,
Permits, Conservation and Education
Division, at the address listed above.
Comments may also be submitted by
facsimile to (301) 713–0376, or by email
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
to NMFS.Pr1Comments@noaa.gov.
Please include the File No. in the
subject line of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits, Conservation and
Education Division at the address listed
above. The request should set forth the
specific reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT: Kate
Swails or Amy Sloan, (301) 713–2289.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), and the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
Dr. Ponganis proposes to study the
foraging behavior of leopard seals at
Cape Washington, Antarctica. Backpack
digital cameras and time depth
recorders would be deployed on up to
five leopard seals annually over five
years (no more than ten seals total) to
document diving and foraging behavior
near the emperor penguin colony, and,
for the first time, construct time-activity
budgets and prey intake rates of these
seals. The action could result in the
incidental harassment of one leopard
seal annually. The applicant requested
incidental mortality of up to one
leopard seal over a five-year period.
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 the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: March 4, 2010.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–5148 Filed 3–9–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT21
Marine Mammals; File No. 555–1870
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
E:\FR\FM\10MRN1.SGM
10MRN1
]]>Agencies
[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Pages 11131-11132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5014]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XR52
Marine Mammals; File No. 14534
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of amended application.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that Ned Cyr, Director, NOAA Office of
Science and Technology, Silver Spring, MD, has submitted a revised
application for a permit to conduct research on marine mammals in the
Pacific Ocean.
DATES: Written, telefaxed, or e-mail comments must be received on or
before April 9, 2010.
ADDRESSES: The application and related documents are available for
review by selecting ``Records Open for Public Comment'' from the
``Features'' box on the Applications and Permits for Protected Species
(APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File
No. 14534 from the list of available applications.
These documents are also available 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) 713-0376; and
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long
Beach, CA 90802-4213; phone (562) 980-4001; fax (562) 980-4018.
Written comments on this application should be submitted to the
Chief, Permits, Conservation and Education Division, at the address
listed above. Comments may also be submitted by facsimile to (301) 713-
0376, or by e-mail to NMFS.Pr1Comments@noaa.gov. Please include the
File No. in the subject line of the e-mail comment.
Those individuals requesting a public hearing should submit a
written request to the Chief, Permits, Conservation and Education
Division at the address listed above. The request should set forth the
specific reasons why a hearing on this application would be
appropriate.
FOR FURTHER INFORMATION CONTACT: Tammy Adams or Carrie Hubard, (301)
713-2289.
SUPPLEMENTARY INFORMATION: On September 11, 2009, notice was published
(74 FR 46745) of a request for a permit under the authority of the
Marine Mammal Protection Act of 1972, as amended (MMPA; 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 222-226).
The original application is a request for a five-year permit to
conduct a research program involving studies of sound production,
diving and other
[[Page 11132]]
behavior, and responses to sound of marine mammals, including
endangered species. The results would be integrated with related
studies and directly contribute to conservation management for sound
producers and regulatory agencies by identifying characteristics of
target species that are critical for passive monitoring, detection,
and/or density estimation and by demonstrating how specific sounds,
including simulated military sonar, may evoke behavioral responses in
marine mammals. The experimental design involves temporarily attaching
individual recording tags to measure vocalization, behavior, and
physiological parameters as well as sound exposure. Behavior will be
measured before, during, and after carefully controlled exposures of
sound in conventional playback experiments. Tagged subjects will be
exposed to received sound levels up to 180 dB re: 1[micro]Pa. This
study will involve various activities that could take animals by
harassment, including close approaches, attachment of tags, and sound
exposure. Small fragments of sloughed skin, which often remain attached
to retrieved tags, would be used for genetic analyses. Target species
include beaked whales and other odontocetes, key baleen whales, and
pinniped species for whom such data have not been previously obtained;
other marine species may be incidentally impacted. Please refer to the
tables in the application for the numbers of marine mammals, by species
and stock, that are proposed for this permit. The research will be
focused in the waters within the U.S. Navy's Southern California Range
Complex, and primarily near the vicinity of San Clemente Island.
The applicant has revised the application to (1) increase the
number of Risso's dolphins (Grampus griseus), bottlenose dolphins
(Tursiops truncatus), Pacific white-sided dolphins (Lagenorhynchus
obliquidens), and northern elephant seals (Mirounga angustirostris)
that may be harassed by close approach, focal follow, tag attachment,
and sound exposure, to include these species as focal animals in the
overall objectives; (2) increase the number of requested ``tagless''
playbacks for some cetacean species, such as blue whales (Balaenoptera
musculus) and fin whales (B. physalus) and the social pelagic
delphinids, but not for the more solitary and deep-diving beaked whale
species, to increase data obtained on behavioral responses; (3) modify
the proposed action area slightly northward to 35[deg] 0' N; the
longitude boundaries remain as before (from 116[deg] 0' to 127[deg] 0'
W); and (4) clarify tagging and playback protocols and mitigation for
when dependent calves are present.
Concurrent with the publication of this notice in the Federal
Register, NMFS is forwarding copies of the application to the Marine
Mammal Commission and its Committee of Scientific Advisors.
Dated: March 3, 2010.
Tammy C. Adams,
Acting Chief, Permits, Conservation and Education Division, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-5014 Filed 3-9-10; 8:45 am]
BILLING CODE 3510-22-S
