Marine Mammals, 68605 [2010-28169]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Notices]
[Page 68605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28169]



[[Page 68605]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[File No. 15483]
RIN 0648-XX23


Marine Mammals

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

ACTION: Notice; issuance of permit.

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SUMMARY: Notice is hereby given that Bruce Mate, PhD, Oregon State 
University, Hatfield Marine Science Center, Newport, OR has been issued 
a permit to conduct research on marine mammals.

ADDRESSES: The permit 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) 713-0376; and
    Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 
1, Seattle, WA 98115-0700; phone (206) 526-6150; fax (206) 526-6426.

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

SUPPLEMENTARY INFORMATION: On July 13, 2010, notice was published in 
the Federal Register (75 FR 39915) that a request for a permit to 
conduct research on gray whales (Eschrictius robustus) had been 
submitted by the above-named applicant. 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).
    The permit authorizes takes of marine mammals by level B harassment 
during a study to evaluate the effectiveness of an underwater acoustic 
deterrent device at diverting gray whales migrating past the coast of 
central Oregon between January and mid-April away from the sound 
source. The permit also authorizes incidental level B harassment of 
harbor porpoise (Phocoena phocoena), Southern Resident and West Coast 
Transient killer whales (Orcinus orca), harbor seals (Phoca vitulina), 
California sea lions (Zalophus californianus), Eastern Distinct 
Population Segment Steller sea lions (Eumetopias jubatus), and Northern 
elephant seals (Mirounga angustirostris). The permit is valid for five 
years from the date of issuance.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), an environmental assessment (EA) was prepared 
analyzing the effects of the permitted activities on the human 
environment. Based on the analyses in the EA, NMFS determined that 
issuance of the permit would not significantly impact the quality of 
the human environment and that preparation of an environmental impact 
statement was not required. That determination is documented in a 
Finding of No Significant Impact (FONSI), signed on October 29, 2010.
    As required by the ESA, issuance of this permit was based on a 
finding that 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: November 2, 2010.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-28169 Filed 11-5-10; 8:45 am]
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