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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - RIN 0648-XU85

# 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