Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 18353 

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 

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 

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), melonheaded whales (Peponocephala electra), 

pilot whales (Globicephala 

macrorhynchus), and sperm whales 

(Physeter macrocephalus). 

Pursuant to these regulations, NMFS 

has issued an LOA to Kerr McGee Oil 

and Gas Corporation, Noble Energy, 

Inc., and Nippon Oil Exploration U.S.A. 

Limited. 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: April 14, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–9000 Filed 4–21–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO80 

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 letter of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) and implementing regulations, 

notification is hereby given that NMFS 

has issued a one-year Letters of 

Authorization (LOA) to ExxonMobil 

Production Company 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 May 1, 2009 through April 30, 

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 EastWest 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 

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 

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), melonVerDate Nov<24>2008 15:31 Apr 21, 2009 Jkt 217001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1

dwashington3 on PROD1PC60 with NOTICES
18354 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 

headed whales (Peponocephala electra), 

pilot whales (Globicephala 

macrorhynchus), and sperm whales 

(Physeter macrocephalus). 

Pursuant to these regulations, NMFS 

has issued an LOA to ExxonMobil 

Production Company. 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: April 16, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–9264 Filed 4–21–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO20 

Endangered Species; File No. 13544 

and No. 13573 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Issuance of permits. 

SUMMARY: Notice is hereby given that 

Jeffrey Schmid, Conservancy of 

Southwest Florida, 1450 Merrihue 

Drive, Naples, FL 34102 has been issued 

a permit to take Kemp’s ridley 

(Lepidochelys kempii), loggerhead 

(Caretta caretta), hawksbill 

(Eretmochelys imbricata), and green 

(Chelonia mydas) sea turtles for 

purposes of scientific research. Michael 

Salmon, Florida Atlantic University, 

777 Glades Road, Boca Raton, FL 

33431–0991 has been issued a permit to 

take green sea turtles for purposes of 

scientific research. 

ADDRESSES: The permits 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)427–2521. 

Southeast Region, NMFS, 263 13th 

Ave South, St. Petersburg, FL 33701; 

phone (727)824–5312; fax (727)824– 

5309. 

FOR FURTHER INFORMATION CONTACT: Kate 

Swails or Patrick Opay, (301)713–2289. 

SUPPLEMENTARY INFORMATION: On July 

24, 2008, notice was published in the 

Federal Register (73 FR 43211) that a 

request for a scientific research permit 

to take sea turtles had been submitted 

by Dr. Schmid. On September 3, 2008, 

notice was published in the Federal 

Register (73 FR 51446) that a request for 

a scientific research permit to take sea 

turtles had been submitted by Dr. 

Salmon. The requested permits have 

been issued under the authority of the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.) 

and the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226). 

Dr. Schmid’s research activities will 

characterize the aggregations of marine 

turtles in the nearshore waters of Lee 

County in southwest Florida. The 

permit holder will annually capture 130 

Kemp’s ridley, 50 loggerhead, 20 green, 

and five hawksbill turtles. Turtles will 

be collected in Pine Island Sound, San 

Carlos Bay, Estero Bay, and adjacent 

Gulf of Mexico waters using a largemesh, run-around strike net. Turtles 

will be measured, weighed, and tagged 

with Inconel and passive integrated 

transponder tags. Tissue samples will be 

collected for genetic and stable isotope 

analyses. A subset of Kemp’s ridleys 

will be held for 24–48 hrs. for fecal 

sample collection. Another subset of 

Kemp’s ridleys will receive electronic 

transmitters to investigate their 

movements, home range, and habitat 

associations. The permit is a five-year 

permit. 

Dr. Salmon will study when green sea 

turtle navigation is guided by magnetic 

versus solar cues. Animals will be 

captured by hand, handled, weighed, 

measured, flipper and passive integrated 

transponder tagged, transported, 

temporarily held for experiments in an 

outdoor tank arena, and released. 

Researchers will capture and conduct 

research on up to 40 animals on near 

shore reefs of Palm Beach County, 

Florida over the course of the permit. 

The permit is issued for 3 years. 

Issuance of these permits, as required 

by the ESA, was based on a finding that 

such permits (1) were applied for in 

good faith, (2) will not operate to the 

disadvantage of such endangered or 

threatened species, and (3) are 

consistent with the purposes and 

policies set forth in section 2 of the 

ESA. 

Dated: April 17, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–9252 Filed 4–21–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO83 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The New England Fishery 

Management Council’s (Council) VMS/ 

Enforcement Committee will meet to 

consider actions affecting New England 

fisheries in the exclusive economic zone 

(EEZ). 

DATES: The meeting will be held on 

Friday, May 8, 2009 at 9:30 a.m. 

ADDRESSES: Meeting address: The 

meeting will be held at the Sheraton 

Ferncroft Hotel, 50 Ferncroft Road, 

Danvers, MA 01923; Telephone: (978) 

777–2500; Fax: (978) 750–7991. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978)465–0492. 

SUPPLEMENTARY INFORMATION: The items 

of discussion in the committee’s agenda 

are as follows: 

(1) The committee will review and 

discuss management alternatives under 

development in Amendment 4 to the 

Atlantic Herring Fishery Management 

Plan (FMP), which may include 

measures to establish annual catch 

limits and accountability measures, a 

catch monitoring program for the 

Atlantic herring fishery, management 

measures to address/minimize bycatch, 

and measures to address access by 

herring vessels to groundfish closed 

areas; and develop Enforcement 

Committee recommendations for 

Herring Committee/Council 

consideration. 

(2) The enforcement discussion 

regarding Amendment 4 to the Herring 

FMP will likely focus on the details of 


dwashington3 on PROD1PC60 with NOTICES