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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - [I.D. 121801F]

# AGENCY:

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

# ACTION:

Receipt of application.

# SUMMARY:

                        Notice is hereby given that Daniel J. Cox, Natural Exposures, 16595 Brackett Creek Road, Bozeman, Montana 59715 has applied in due form for a permit to take Northern elephant seals (                        *Mirounga angustirostris*) for purposes of commercial/educational photography.                    

# DATES:

Written or telefaxed comments must be received on or before January 28, 2002.

# ADDRESSES:

The application and related documents are available for review 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.

# FOR FURTHER INFORMATION CONTACT:

Lynne Barre or Jill Lewandowski, (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).  Section 104 (c)(6) of the MMPA provides for photography permits for educational or commercial purposes involving non-endangered and non-threatened marine mammals in the wild.  NMFS is currently working on proposed regulations to implement this provision.  However, in the meantime, NMFS has received and is processing this request as a “pilot” application for Level B Harassment of non-listed marine mammals for photographic purposes.                

The applicant proposes to take up to 60 Northern elephant seals by close approach during still photography activities for a National Geographic Magazine Photo Essay.  Photography is proposed along the coast of California including San Simeon, Piedras Blancas, Ano Nuevo State Reserve, Point Reyes National Seashore and the Farallones and Channel Islands and will take place during January and February of 2002 and in January and February of 2003 as well if additional photos are needed.

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.

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.  Please note that comments will not be accepted by e-mail or by other electronic media.

                    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: December 19, 2001.

Ann D. Terbush,

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

[FR Doc. 01-31833 Filed 12-26-01; 8:45 am]

BILLING CODE  3510-22-S