Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - RIN 0648-XQ27

# AGENCY:

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

# ACTION:

 Notice; issuance of a letter of authorization.

# 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 truncat*                    us), 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