[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Page 18534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7954]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA339


Marine Mammals; File No. 15271

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 James T. Harvey, Moss Landing 
Marine Laboratories, 8272 Moss Landing Road, Moss Landing, CA 95039 has 
been issued a permit to conduct research on blue (Balaenoptera 
musculus), fin (B. physalus), humpback (Megaptera novaeangliae), and 
gray (Eschrichtius robustus) whales.

ADDRESSES: The permit 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;
    Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 
1, Seattle, WA 98115-0700; phone (206) 526-6150; fax (206) 526-6426; 
and
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562) 980-4001; fax (562) 980-4018.

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

SUPPLEMENTARY INFORMATION: On August 31, 2010, notice was published in 
the Federal Register (75 FR 53271) that a request for a permit to 
conduct research on the species identified above 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 five-year permit authorizes research on large whale species off 
California, Oregon, and Washington; the primary research area is off 
the Southern California Bight, San Luis Obispo, Monterey Bay, and San 
Francisco. Researchers are authorized to approach whales for photo-
identification and biopsy sampling. A subset of whales may be suction-
cup tagged, dart-tagged, or tagged with small implantable tags. The 
permit also authorizes incidental harassment of California sea lions 
(Zalophus californianus), harbor seals (Phoca vitulina richardii), 
Pacific white-sided dolphins (Lagenorhynchus obliquidens), Northern 
right whale dolphins (Lissodelphis borealis), harbor porpoise (Phocoena 
phocoena) and short-beaked common dolphins (Delphinus delphis).
    An environmental assessment (EA) was prepared analyzing the effects 
of the permitted activities on the human environment in compliance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
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 March 24, 2011.
    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: March 29, 2011.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2011-7954 Filed 4-1-11; 8:45 am]
BILLING CODE 3510-22-P