[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Notices]
[Pages 9223-9224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4482]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN10


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 letters of authorization.

-----------------------------------------------------------------------

SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA) 
and implementing regulations, notification is hereby given that NMFS 
has issued one-year Letters 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:  This authorization is effective from February 27, 2009 through 
February 26, 2010.

ADDRESSES:  The application and LOAs are 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: Sections 101(a)(5)(A) of the MMPA (16 U.S.C. 
1361 et seq.) direct the NMFS to allow, upon request, the incidental, 
but not intentional, taking of small numbers of marine mammals by 
United States (U.S.) 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 annual LOAs, 
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 including 
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 from 
July 21, 2008 through July 19, 2013. For detailed information on this 
action, please refer to that

[[Page 9224]]

document. 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), pilot whales (Globicephala macrorhynchus), and sperm whales 
(Physeter macrocephalus).
    Pursuant to these regulations, NMFS has issued an LOA to Demex 
Internatioal, Inc. and to Energy Resource Technology GOM, Inc. Issuance 
of the LOAs 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: February 25, 2009.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E9-4482 Filed 3-2-09; 8:45 am]
BILLING CODE 3510-22-S