Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 11131 

and develop a cycle for submission and 

processing of applications for permits. 

Some commenters indicated that the 

ANPR was too general to allow for 

meaningful comment. Others provided 

suggestions for modifications or 

expressed support for or opposition to 

changes proposed in the ANPR. Based 

on comments received, and an internal 

scoping process, NMFS has developed 

more specific proposed revisions, 

additions, and restructuring to form the 

basis of one or more alternatives to be 

evaluated in an EA for a Proposed Rule 

to revise NMFS marine mammal permit 

application procedures and permit 

requirements. This internal scoping 

summary document contains proposed 

regulatory language but does not 

represent a preferred alternative. Rather, 

it indicates where NMFS believes 

changes to the permit regulations are 

needed. The internal scoping summary 

document and comments on the ANPR 

are available at https:// 

www.nmfs.noaa.gov/pr/permits/ 

mmpalregulations.htm. 

NMFS is preparing an EA to evaluate 

the potential environmental impacts of 

promulgating revised regulations 

governing permit application 

submission, review, and decision 

procedures including issuance criteria, 

penalties and permit sanctions, and 

permit conditions related to reporting, 

permit modifications, and restrictions. 

The purpose of the proposed revisions 

to the regulations is to improve their 

utility by clarifying, reorganizing, and 

updating the regulatory language. These 

improvements are needed to enhance 

readability, compliance, and 

enforcement. 

This notice initiates a public scoping 

period that will inform the structure of 

alternatives and relevant information 

considered in the EA. The number and 

structure of the alternatives analyzed in 

the EA will be determined based on 

information gathered during scoping. 

NMFS is seeking public comments on 

the following: 

(1) New and revised definitions. 

NMFS is considering a number of new 

definitions and revision of some 

existing definitions to clarify terms 

related to permit application 

submission, review, and decision 

procedures and permit terms and 

conditions. 

(2) Restructuring and re-ordering 

some sections. NMFS is considering 

consolidating some sections of Subparts 

B (Prohibitions), C (General Exceptions), 

and D (Special Exceptions) of the 

regulations, reordering the regulations 

to parallel the structure of the MMPA, 

and adding sections on the Marine 

Mammal Inventory, public display, and 

photography permits. For example, 

NMFS proposes consolidation of all 

marine mammal parts collection and 

transfer regulations into sections within 

subpart C, rather than the current 

distribution across multiple subparts. 

(3) Revisions and additions to 

application and permit requirements. 

NMFS is considering substantial 

revisions and additions to the sections 

specific to permits for scientific research 

and enhancement, commercial and 

educational photography, and public 

display. For example, NMFS proposes 

insertions describing permit 

requirements for educational and 

commercial photography, which do not 

have specific regulations and are 

currently processed according to 

regulations for scientific research and 

enhancement. 

(4) Factors to consider in evaluating 

significance of impacts. NMFS seeks 

comment from persons affected by or 

otherwise interested in the marine 

mammal permitting process related to 

how proposed regulatory changes may 

affect marine mammals and their 

environment, as well as on potential 

impacts on the regulated public. 

NMFS will consider all comments 

received during the comment period. 

All hardcopy submissions must be 

unbound, on paper no larger than 8 1/ 

2 by 11 inches (216 by 279 mm), and 

suitable for copying and electronic 

scanning. NMFS requests that you 

include in your comments: (1) Your 

name and address; and (2) Any 

background documents to support your 

comments, as you feel necessary. A draft 

EA will be made available for public 

review concurrent with publication of a 

notice of proposed rulemaking. 

Dated: March 4, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–5142 Filed 3–9–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR52 

Marine Mammals; File No. 14534 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of amended 

application. 

SUMMARY: Notice is hereby given that 

Ned Cyr, Director, NOAA Office of 

Science and Technology, Silver Spring, 

MD, has submitted a revised application 

for a permit to conduct research on 

marine mammals in the Pacific Ocean. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

April 9, 2010. 

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. 14534 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 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562) 980–4001; 

fax (562) 980–4018. 

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 email to NMFS.Pr1Comments@noaa.gov. 

Please include the File No. in the 

subject line of the e-mail 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 Carrie Hubard, (301) 

713–2289. 

SUPPLEMENTARY INFORMATION: On 

September 11, 2009, notice was 

published (74 FR 46745) of a request for 

a permit 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 original application is a request 

for a five-year permit to conduct a 

research program involving studies of 

sound production, diving and other 


erowe on DSK5CLS3C1PROD with NOTICES
11132 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 

behavior, and responses to sound of 

marine mammals, including endangered 

species. The results would be integrated 

with related studies and directly 

contribute to conservation management 

for sound producers and regulatory 

agencies by identifying characteristics of 

target species that are critical for passive 

monitoring, detection, and/or density 

estimation and by demonstrating how 

specific sounds, including simulated 

military sonar, may evoke behavioral 

responses in marine mammals. The 

experimental design involves 

temporarily attaching individual 

recording tags to measure vocalization, 

behavior, and physiological parameters 

as well as sound exposure. Behavior 

will be measured before, during, and 

after carefully controlled exposures of 

sound in conventional playback 

experiments. Tagged subjects will be 

exposed to received sound levels up to 

180 dB re: 1μPa. This study will involve 

various activities that could take 

animals by harassment, including close 

approaches, attachment of tags, and 

sound exposure. Small fragments of 

sloughed skin, which often remain 

attached to retrieved tags, would be 

used for genetic analyses. Target species 

include beaked whales and other 

odontocetes, key baleen whales, and 

pinniped species for whom such data 

have not been previously obtained; 

other marine species may be 

incidentally impacted. Please refer to 

the tables in the application for the 

numbers of marine mammals, by species 

and stock, that are proposed for this 

permit. The research will be focused in 

the waters within the U.S. Navy’s 

Southern California Range Complex, 

and primarily near the vicinity of San 

Clemente Island. 

The applicant has revised the 

application to (1) increase the number of 

Risso’s dolphins (Grampus griseus), 

bottlenose dolphins (Tursiops 

truncatus), Pacific white-sided dolphins 

(Lagenorhynchus obliquidens), and 

northern elephant seals (Mirounga 

angustirostris) that may be harassed by 

close approach, focal follow, tag 

attachment, and sound exposure, to 

include these species as focal animals in 

the overall objectives; (2) increase the 

number of requested ‘‘tagless’’ playbacks 

for some cetacean species, such as blue 

whales (Balaenoptera musculus) and fin 

whales (B. physalus) and the social 

pelagic delphinids, but not for the more 

solitary and deep-diving beaked whale 

species, to increase data obtained on 

behavioral responses; (3) modify the 

proposed action area slightly northward 

to 35° 0’ N; the longitude boundaries 

remain as before (from 116° 0’ to 127° 

0’ W); and (4) clarify tagging and 

playback protocols and mitigation for 

when dependent calves are present. 

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: March 3, 2010. 

Tammy C. Adams, 

Acting Chief, Permits, Conservation and 

Education Division, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–5014 Filed 3–9–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU85 

Marine Mammals; File No. 15261 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Paul Ponganis, Ph.D., University of 

California at San Diego, La Jolla, CA 

92093, has applied in due form for a 

permit to conduct research on leopard 

seals (Hydrurga leptonyx) in Antarctica. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

April 9, 2010. 

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. 15261 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 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562) 980–4001; 

fax (562) 980–4018. 

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 email 

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: Kate 

Swails or Amy Sloan, (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.), and the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). 

Dr. Ponganis proposes to study the 

foraging behavior of leopard seals at 

Cape Washington, Antarctica. Backpack 

digital cameras and time depth 

recorders would be deployed on up to 

five leopard seals annually over five 

years (no more than ten seals total) to 

document diving and foraging behavior 

near the emperor penguin colony, and, 

for the first time, construct time-activity 

budgets and prey intake rates of these 

seals. The action could result in the 

incidental harassment of one leopard 

seal annually. The applicant requested 

incidental mortality of up to one 

leopard seal over a five-year period. 

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: March 4, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–5148 Filed 3–9–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XT21 

Marine Mammals; File No. 555–1870 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 


erowe on DSK5CLS3C1PROD with NOTICES