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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - RIN 0648-XA078

# AGENCY:

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

# ACTION:

Notice; receipt of application.

# SUMMARY:

Notice is hereby given that ABR, Inc. Environmental Research and Services, Fairbanks, AK, has applied in due form for a permit to conduct research on marine mammals.

# DATES:

Written, telefaxed, or e-mail comments must be received on or before January 10, 2011.

# ADDRESSES:

                        The application and related documents are available for review by selecting “Records Open for Public Comment” from the                         *Features*                         box on the Applications and Permits for Protected Species (APPS) home page,                         *https://apps.nmfs.noaa.gov,*                         and then selecting File No. 15750 from the list of available applications.                    

These documents are also available 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

Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone (907) 586-7221; fax (907) 586-7249.

                        Written comments on this application should be submitted to the Chief, Permits, Conservation and Education Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by e-mail to                         *NMFS.Pr1Comments@noaa.gov.*                         Please include the File No. in the subject line of the email comment.                    

Those individuals requesting a public hearing should submit a written request to the Chief, Permits, Conservation and Education Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

# FOR FURTHER INFORMATION CONTACT:

Tammy Adams or Laura Morse, (301) 713-2289.

# SUPPLEMENTARY INFORMATION:

                    The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 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 222-226).                

                    The applicant requests a five-year permit to conduct aerial surveys in Iniskin, Illiamna, Chinitna, and Kamishak Bays to document seasonal distribution and abundance of marine mammals in western lower Cook Inlet, Alaska. The applicant requests permission for level B harassment of the following marine mammals annually: 1,000 Steller sea lions (                    *Eumetopias jubatus*), 250 beluga whales (                    *Delphinapterus leucas*), 34,400 harbor seals (                    *Phoca vitulina*), 600 harbor porpoises (                    *Phocoena phocoena*), 150 Dall's porpoises (                    *Phocoenoides dalli*), 100 minke whales (                    *Balaenoptera acutorostrata*), 50 gray whales (                    *Eschrichtius robustus*), 100 killer whales (                    *Orcinus orca*), 15 northern fur seals (                    *Callorhinus ursinus*), 30 fin whales (                    *B. physalus*), and 125 humpback whales (                    *Megaptera novaeangliae*).                

                    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321*et seq.*), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.                

                    Concurrent with the publication of this notice in the                     **Federal Register**                    , NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors.                

Dated: December 3, 2010.

Tammy C. Adams, 

Acting Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service.

[FR Doc. 2010-30983 Filed 12-8-10; 8:45 am]

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