[Federal Register Volume 60, Number 233 (Tuesday, December 5, 1995)]
[Notices]
[Pages 62243-62244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29515]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 112095B]


Incidental Take of Marine Mammals; Bottlenose Dolphins and 
Spotted Dolphins

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

ACTION: Notice of issuance of letter of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) as 
amended, and implementing regulations, notification is hereby given 
that a letter of authorization to take bottlenose and spotted dolphins 
incidental to oil and gas structure removal activities was issued on 
November 27, 1995 to the Murphy Exploration & Production Company, 131 
South Robertson St., P.O. Box 61780, New Orleans, LA 70161.

EFFECTIVE DATE: The letter of authorization is effective from November 
27, 1995 until November 27, 1996.

ADDRESSES: The application and letter are available for review in the 
following offices: Office of Protected Resources, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910 and the Southeast Region, NMFS, 9721 
Executive Center Drive N, St. Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of 
Protected Resources, NMFS, (301) 713-2055 or Charles Oravetz, Southeast 
Region (813) 570-5312.

SUPPLEMENTARY INFORMATION: 

[[Page 62244]]

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
NMFS to allow, on request, the incidental, but not intentional, taking 
of small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region, if certain findings are made, 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.
    Permission may be granted for periods up to 5 years if the 
Secretary of Commerce 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. 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, and on 
the availability of the species for subsistence uses, paying particular 
attention to rookeries, mating grounds and areas of similar 
significance. The regulations must include requirements pertaining to 
the monitoring and reporting of such taking. Regulations governing the 
taking of bottlenose and spotted dolphins incidental to oil and gas 
structure removal activities in the Gulf of Mexico were published on 
October 12, 1995 (60 FR 53139) and remain in effect until November 13, 
2000.

Summary of Request

    NMFS received a request for a letter of authorization on November 
8, 1995, from the Murphy Exploration and Production Company. This 
letter requests a take by harassment of a small number of bottlenose 
and spotted dolphins incidental to the above mentioned activity. 
Issuance of the letter of authorization is based on a finding that the 
total takings will have a negligible impact on the bottlenose and 
spotted dolphin stocks of the Gulf of Mexico.

    Dated: November 27, 1995
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 95-29515 Filed 12-4-95; 8:45 am]
BILLING CODE 3510-22-F