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                    Document headings vary by document type but may contain                    the following:                  
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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - RIN 0648-XS05

# AGENCY:

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

# ACTION:

 Notice; receipt of application.

# SUMMARY:

                         Notice is hereby given that the Oregon Coast Aquarium, 2820 S.E. Ferry Slip Road, Newport, OR 97365, has applied in due form for a permit to import up to eight non-releasable harbor seals (                        *Phoca vitulina*) for the purposes of public display.                     

# DATES:

 Written or telefaxed comments must be received on or before November 9, 2009.

# ADDRESSES:

 The application and related documents are available for review upon written request or by appointment in the following offices:

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

Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 1, Seattle, WA 98115-0700; phone (206)526-6150; fax (206)526-6426.

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                               ( print page 51837)                            comment the following document identifier: File No. 14802.                    

# FOR FURTHER INFORMATION CONTACT:

 Jennifer Skidmore or Kristy Beard, (301)713-2289.

# SUPPLEMENTARY INFORMATION:

                    The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361*et seq.*), and the regulations governing the taking and importing of marine mammals (50 CFR part 216).                

                    The applicant requests authorization to import up to eight non-releasable harbor seals (                    *Phoca vitulina*) from the Vancouver Aquarium Science Center, Vancouver, British Columbia, Canada to the Oregon Coast Aquarium. The applicant requests these imports for the purpose of public display. The receiving facility, Oregon Coast Aquarium, 2820 S.E. Ferry Slip Road, Newport, OR 97365 is: (1) open to the public on regularly scheduled basis with access that is not limited or restricted other than by charging for an admission fee; (2) offers an educational program based on professionally accepted standards of the American Association of Zoos and Aquariums; and (3) holds an Exhibitor's License, number 92-C-0057, issued by the U.S. Department of Agriculture under the Animal Welfare Act (7 U.S.C. §§ 2131-59).                

In addition to determining whether the applicant meets the three public display criteria, NMFS must determine whether the applicant has demonstrated that the proposed activity is humane and does not represent any unnecessary risks to the health and welfare of marine mammals; that the proposed activity by itself, or in combination with other activities, will not likely have a significant adverse impact on the species or stock; and that the applicant's expertise, facilities and resources are adequate to accomplish successfully the objectives and activities stated in the application.

                    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 2, 2009.

P. Michael Payne,

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

[FR Doc. E9-24308 Filed 10-7-09; 8:45 am]

BILLING CODE 3510-22-S