Marine Mammals; File No. 1100-1849, 18160 [2010-8137]

Download as PDF 18160 Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Notices DEPARTMENT OF COMMERCE prepare an environmental assessment or environmental impact statement. National Oceanic and Atmospheric Administration Dated: April 5, 2010. Tammy C. Adams, Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. RIN 0648–XV65 Marine Mammals; File No. 1100–1849 srobinson on DSKHWCL6B1PROD with NOTICES AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit amendment. SUMMARY: Notice is hereby given that Shane Moore, Moore & Moore Films, Box 2980, 1203 Melody Creek Lane, Jackson, WY 83001 has been issued an amendment to Permit No. 1100–1849. ADDRESSES: The amendment 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)713–0376; and Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; phone (907)586–7221; fax (907)586–7249. FOR FURTHER INFORMATION CONTACT: Carrie Hubard or Amy Hapeman, (301)713–2289. SUPPLEMENTARY INFORMATION: On September 29, 2009, notice was published in the Federal Register (74 FR 49858) that an amendment to Permit No. 1100–1849 had been requested by the above-named individual. The requested amendment has been granted under the authority 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). Permit No. 1100–1849, issued March 22, 2007 (72 FR 14525), authorizes the permit holder to take 10 killer whales (Orcinus orca) of the Eastern North Pacific Transient Stock, 10 gray whales (Eschrichtius robustus), and 10 minke whales (Balaenoptera acutorostrata) by close approach for filming in the Gulf of Alaska and Bering Sea between April 1 and August 31 of each year. The original permit was valid through March 31, 2010. The amendment extends the permit for two years until March 31, 2012. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activity proposed is categorically excluded from the requirement to VerDate Nov<24>2008 17:07 Apr 08, 2010 Jkt 220001 [FR Doc. 2010–8137 Filed 4–8–10; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XS24 Small Takes of Marine Mammals Incidental to Specified Activities; Antioch Bridge Seismic Retrofit Project, California AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental take authorization. SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the California Department of Transportation (Caltrans) allowing the take of small numbers of marine mammals, by Level B harassment only, incidental to pile driving associated with the Antioch Bridge Seismic Retrofit Project. DATES: Effective August 15, 2010, through August 14, 2011. ADDRESSES: A copy of the IHA and the application are available 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 20910–3225 or by telephoning the contact listed here. A copy of the application containing a list of the references used in this document may be obtained by writing to the address specified above, telephoning the contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/ pr/permits/incidental.htm#applications. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected Resources, NMFS, 301–713–2289. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Background 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, a notice of a proposed authorization is provided to the public for review. 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].’’ Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings 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. 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 marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization. Summary of Request On May 4, 2009, NMFS received a request from Caltrans to harass marine mammals incidental to the Antioch Bridge Seismic Retrofit Project. In accordance with the MMPA, NMFS E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Notices]
[Page 18160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8137]



[[Page 18160]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XV65


Marine Mammals; File No. 1100-1849

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

ACTION:  Notice; issuance of permit amendment.

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SUMMARY:  Notice is hereby given that Shane Moore, Moore & Moore Films, 
Box 2980, 1203 Melody Creek Lane, Jackson, WY 83001 has been issued an 
amendment to Permit No. 1100-1849.

ADDRESSES:  The amendment 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)713-0376; and
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone 
(907)586-7221; fax (907)586-7249.

FOR FURTHER INFORMATION CONTACT:  Carrie Hubard or Amy Hapeman, 
(301)713-2289.

SUPPLEMENTARY INFORMATION: On September 29, 2009, notice was published 
in the Federal Register (74 FR 49858) that an amendment to Permit No. 
1100-1849 had been requested by the above-named individual. The 
requested amendment has been granted under the authority 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).
    Permit No. 1100-1849, issued March 22, 2007 (72 FR 14525), 
authorizes the permit holder to take 10 killer whales (Orcinus orca) of 
the Eastern North Pacific Transient Stock, 10 gray whales (Eschrichtius 
robustus), and 10 minke whales (Balaenoptera acutorostrata) by close 
approach for filming in the Gulf of Alaska and Bering Sea between April 
1 and August 31 of each year. The original permit was valid through 
March 31, 2010. The amendment extends the permit for two years until 
March 31, 2012.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), a final determination has been made that the 
activity proposed is categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.

    Dated: April 5, 2010.
Tammy C. Adams,
Acting Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-8137 Filed 4-8-10; 8:45 am]
BILLING CODE 3510-22-S