[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Notices]
[Page 66530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32037]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 112398A]


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 letters 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 1-year letters of authorization to take bottlenose and spotted 
dolphins incidental to oil and gas structure removal activities were 
issued on April 28, 1998, to the Samedan Oil Corp; on May 18, 1998, to 
Tatham Offshore; on June 5, 1998, to EEX Corp, Newfield Exploration Co, 
and Mitchell Energy; on July 28, 1998, to The Louisiana Land and 
Exploration Co. all from Houston, Texas, and on Aug 18, 1998, to 
Forcenergy of Miami, FL.

ADDRESSES: The applications and letters 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 David Bernhart, Southeast 
Region (727) 570-5312.

SUPPLEMENTARY INFORMATION: 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 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. 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.
    Issuance of these letters of authorization are 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 25, 1998.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 98-32037 Filed 12-1-98; 8:45 am]
BILLING CODE 3510-22-F