[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24818-24819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12153]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP28


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: These authorizations are effective from June 1, 2009 through May 
31, 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: 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 annual LOAs, 
may be granted by NMFS for periods up to five years if NMFS finds, 
after notification

[[Page 24819]]

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), 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 Ridgelake 
Energy, Inc., Fairways Offshore Exploration, Inc., El Paso Exploration 
& Production Company, L.P. 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: March 19, 2009.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E9-12153 Filed 5-22-09; 8:45 am]
BILLING CODE 3510-22-S