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