[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Notices]
[Page 38170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18383]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ27


Incidental Taking of Marine Mammals; Taking of Marine Mammals 
Incidental to the Explosive Removal of Offshore Structures in the Gulf 
of Mexico

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

ACTION:  Notice; issuance of a letter of authorization.

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SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA) 
and implementing regulations, notification is hereby given that NMFS 
has a issued one-year Letter of Authorization (LOA) to take marine 
mammals incidental to the explosive removal of offshore oil and gas 
structures (EROS) in the Gulf of Mexico.

DATES:  The authorization is effective from August 1, 2009, through 
July 31, 2010.

ADDRESSES:  The application and LOA is available for review by writing 
to P. Michael Payne, Chief, Permits, Conservation, and Education 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3235 or by 
telephoning the contact listed here (see FOR FURTHER INFORMATION 
CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, by 
appointment, during regular business hours, at the aforementioned 
address.

FOR FURTHER INFORMATION CONTACT:  Howard Goldstein or Ken Hollingshead, 
Office of Protected Resources, NMFS, 301-713-2289.

SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C. 
1361 et seq.) directs the NMFS to allow, upon request, the incidental, 
but not intentional, taking of small numbers of marine mammals by 
United States 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.
    Authorization for incidental taking, in the form of an annual LOA, 
may be granted by NMFS for periods up to five 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 (where 
relevant). 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 (i.e., 
mitigation), and on the availability of the species for subsistence 
uses, paying particular attention to rookeries, mating rounds, and 
areas of similar significance. The regulations also must include 
requirements pertaining to the monitoring and reporting of such taking. 
Regulations governing the taking incidental to EROS were published on 
June 19, 2008 (73 FR 34889), and remain in effect through July 19, 
2013. For detailed information on this action, please refer to that 
Federal Register notice. The species that applicants may take in small 
numbers during EROS activities are bottlenose dolphins (Tursiops 
truncatus), Atlantic spotted dolphins (Stenella frontalis), pantropical 
spotted dolphins (Stenella attenuata), Clymene dolphins (Stenella 
clymene), striped dolphins (Stenella coeruleoalba), spinner dolphins 
(Stenella longirostris), rough-toothed dolphins (Steno bredanensis), 
Risso's dolphins (Grampus griseus), melon-headed whales (Peponocephala 
electra), short-finned pilot whales (Globicephala macrorhynchus), and 
sperm whales (Physeter macrocephalus).
    Pursuant to these regulations, NMFS has issued an LOA to ATP Oil & 
Gas Corporation. Issuance of the LOA is based on a finding made in the 
preamble to the final rule that the total taking by these activities 
(with monitoring, mitigation, and reporting measures) will result in no 
more than a negligible impact on the affected species or stock(s) of 
marine mammals and will not have an unmitigable adverse impact on 
subsistence uses. NMFS also finds that the applicant will meet the 
requirements contained in the implementing regulations and LOA, 
including monitoring, mitigation, and reporting requirements.

    Dated: July 28, 2009.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E9-18383 Filed 7-30-09; 8:45 am]
BILLING CODE 3510-22-S