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-XS27

# 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 California sea lions (                        *Zalophus californianus*).                    

# DATES:

Written, telefaxed, or e-mail comments must be received on or before November 16, 2009.

# 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. 14676 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 or requests for a public hearing on this application should be mailed to the Chief, Permits, Conservation and Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Those individuals requesting a hearing should set forth the specific reasons why a hearing on this particular request would be appropriate.

Comments may also be submitted by facsimile at (301)713-0376, provided the facsimile is confirmed by hard copy submitted by mail and postmarked no later than the closing date of the comment period. 

                        Comments may also be submitted by e-mail. The mailbox address for providing e-mail comments is                         *NMFS.Pr1Comments@noaa.gov*. Include in the subject line of the e-mail comment the following document identifier: File No. 14676.                    

# FOR FURTHER INFORMATION CONTACT:

Kate Swails or Tammy Adams, (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).The purpose of this research is to determine the role of blood oxygen store depletion in the dive behavior and foraging ecology of California sea lions. This research would help determine the ability of these animals to adapt to environmental change. Over the course of five years, up to twenty animals would be captured, flipper tagged, anesthetized, and equipped with a backpack blood oxygen recorder during foraging trips to sea. Animals would be recaptured after the foraging trip to remove the recorders. Research would occur on San Nicolas Island off the coast of California. Annually, up to 6000 California sea lions, 500 harbor seals (                    *Phoca vitulina*), 1000 northern elephant seals (                    *Mirounga angustirostris*), and 150 northern fur seals (                    *Callorhinus ursinus*) may be incidentally harassed during research. The permit would be valid for five years.                 

                    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 this application to the Marine Mammal Commission and its Committee of Scientific Advisors.                

Dated: October 8, 2009.

P. Michael Payne,

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

[FR Doc. E9-24839 Filed 10-14-09; 8:45 am]

BILLING CODE 3510-22-S