[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Notices]
[Pages 40050-40051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19655]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 072197F]


Marine Mammals; Public Display Permit (PHF# 870-1391)

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

ACTION: Receipt of application.

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SUMMARY: Notice is hereby given that M&M Amusement Park, Calle Gilberto 
Rolin L16, Caguas, PR 00725, has applied in due form for a permit to 
import three South American sea lions (Otaria flavescents) and two 
Atlantic bottlenose dolphins (Tursiops truncatus), currently in the 
custody of Ricardo Roca, Waterland - Mundo Marino, Valle, Colombia, for 
purposes of a traveling public display exhibit in several Puerto Rican 
cities.

DATES: Written or telefaxed comments must be received on or before 
August 25, 1997.
ADDRESSES: The application and related documents are available for 
review upon written request or by appointment in the following offices:
    Permits and Documentation Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Room 13130, Silver Spring, MD 20910, 
(301/713-2289); and
    Regional Administrator, Southeast Region, NMFS, 9731 Executive 
Center Drive North, St. Petersburg, FL 33702, (206/526-6150).
    Written comments or requests for a public hearing on this 
application, should be mailed to the Chief, Permits and Documentation 
Division, F/PR1, Office of Protected Resources, 1315 East-West Highway, 
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. The holding of such a hearing is at the 
discretion of the Director, Office of Protected Resources.
    Written 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 email or 
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.

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).
    The applicant requests authorization to import five marine mammals, 
from Santo Domingo, Dominican Republic, where they are currently on 
tour, to Puerto Rico for a similar traveling exhibit in the cities of 
San Juan, Ponce and Mayaguez. The applicant has applied for an 
Exhibitor's License from the U.S. Department of Agriculture's Animal 
and Plant Health Inspection Service (APHIS) under the Animal Welfare 
Act. APHIS has conducted a pre-licensing inspection of the proposed 
site at Parque Luis Munoz Marin, Hato Rey, San Juan, and each 
subsequent site will be inspected by APHIS prior to the transport of 
the marine mammals. As any issues relating to the care and maintenance 
of captive marine mammals are within the purview of APHIS, under the 
AWA, a copy of the application is also being sent to APHIS for review.
    Each exhibit site will be open to the public on a regularly 
scheduled basis with access that is not limited or restricted other 
than by charging an admission fee and will offer an educational 
program.
    In addition to determining whether the applicant meets the public 
display criteria provided in sec. 104 (2)(a)(i-iii) of the MMPA, NMFS 
must determine whether the applicant has demonstrated that the proposed 
activity is humane and does not present any unnecessary risks to the 
health and welfare of marine mammals; that the proposed activity by 
itself or in combination with other activities, will not likely have a 
significant adverse impact on the species or stock; and that the 
applicant's expertise, facilities, and resources are adequate to 
accomplish successfully the objectives and activities stated in the 
application.
    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.


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    Dated: July 18, 1997.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 97-19655 Filed 7-24-97; 8:45 am]
BILLING CODE 3510-22-F