61656 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Notices 

harassment of small numbers of harbor 

seals, California sea lions and California 

gray whales incidental to construction 

of a replacement bridge for the East 

Span of the San Franciso-Oakland Bay 

Bridge in California, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. NMFS has 

preliminarily determined that the 

proposed activity would result in the 

harassment of only small numbers of 

harbor seals, California sea lions and 

possibly California gray whales and will 

have no more than a negligible impact 

on these marine mammal stocks.

Information Solicited

NMFS requests interested persons to 

submit comments, information, and 

suggestions concerning this request (see 

ADDRESSES). Prior to submitting 

comments, NMFS recommends 

reviewers of this document read NMFS’

November 14, 2003 Federal Register

notice (68 FR 64595) on this action, 

especially responses to comments made 

previously, as NMFS does not intend to 

address these issues further without the 

submission of additional scientific 

information relevant to the comment.

Dated: October 15, 2004.

Laurie K. Allen,

Director, Office of Protected Resources, 

National Marine Fisheries Service.

[FR Doc. 04–23484 Filed 10–19–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 092704A]

Incidental Take of Marine Mammals; 

Taking of Marine Mammals Incidental 

to Operation of a Low Frequency 

Sound Source by the North Pacific 

Acoustic Laboratory

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of issuance of a letter of 

authorization.

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, notification is 

hereby given that a letter of 

authorization (LOA) to take several 

species of marine mammals incidental 

to operation of a low frequency sound 

source by the North Pacific Acoustic 

Laboratory (NPAL) was issued on 

October 15, 2004, to the University of 

California San Diego, Scripps Institution 

of Oceanography (Scripps).

DATES: This authorization is effective 

from October 15, 2004, through October 

14, 2005.

ADDRESSES: The application and LOA 

are available for review in the Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 

20910.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hollingshead, NMFS, (301) 

713–2289, ext 128.

SUPPLEMENTARY INFORMATION: Section 

101(a)(5)(A) of the MMPA (16 U.S.C. 

1361 et seq.) directs NMFS to allow, on 

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 by NMFS and regulations are 

issued. Under the MMPA, the term 

‘‘taking’’ means to harass, hunt, capture, 

or kill or to attempt to harass, hunt, 

capture or kill marine mammals.

Permission may be granted for periods 

up to 5 years if NMFS finds, after 

notification and opportunity for public 

comment, that the taking will have a 

negligible impact on the species or 

stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses. In 

addition, NMFS must prescribe 

regulations that include permissible 

methods of taking and other means 

effecting the least practicable adverse 

impact on the species and its habitat 

and on the availability of the species for 

subsistence uses, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. The 

regulations must include requirements 

pertaining to the monitoring and 

reporting of such taking. Regulations 

governing the taking incidental to 

operation of a low frequency sound 

source by NPAL, were published on 

August 17, 2001 (66 FR 43442), and 

remain in effect until September 17, 

2006.

Issuance of the LOA to Scripps is 

based on findings made in the preamble 

to the final rule that the total takings by 

this project would result in only small 

numbers (as the term is defined in 50 

CFR 216.103) of marine mammals being 

taken. In addition, the resultant 

incidental harassment would have no 

more than a negligible impact on the 

affected marine mammal stocks or 

habitats and would not have an 

unmitigable adverse impact on Arctic 

subsistence uses of marine mammals. 

NMFS also finds that the applicant will 

meet the requirements contained in the 

implementing regulations and LOA, 

including monitoring and reporting 

requirements. This LOA will be 

renewed annually based on a review of 

the activity, completion of monitoring 

requirements and receipt of reports 

required by the LOA.

Dated: October 15, 2004.

Laurie K. Allen,

Director, Office of Protected Resources, 

National Marine Fisheries Service.

[FR Doc. 04–23485 Filed 10–19–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 092904A]

Incidental Take of Marine Mammals; 

Taking of Marine Mammals Incidental 

to Missile Launch Operations from San 

Nicolas Island, CA

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of issuance of a letter of 

authorization.

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, notification is 

hereby given that a letter of 

authorization (LOA) to take 3 species of 

marine mammals incidental to missile 

launch operations from San Nicolas 

Island, CA (SNI) was issued on October 

8, 2004, to the Naval Air Warfare Center 

Weapons Division (NAWC-WD), Point 

Mugu, CA.

DATES: This authorization is effective 

from October 8, 2004, through October 

7, 2005.

ADDRESSES: The application and LOA 

are available for review in the Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 

20910.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hollingshead, NMFS, (301) 

713–2289, ext 128.

SUPPLEMENTARY INFORMATION: Section 

101(a)(5)(A) of the MMPA (16 U.S.C. 

1361 et seq.) directs NMFS to allow, on 

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 by NMFS and regulations are 

issued. Under the MMPA, the term 

‘‘taking’’ means to harass, hunt, capture,