[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Notices]
[Page 51960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25069]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 091499C]


Marine Mammals; Photography Permit (File No. 954-1517)

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 Mr. Michael Kundu, Project 
SeaWolf/Arcturus Adventure Communications, P.O. Box 987, Marysville, WA 
98270-0987, has applied in due form for a permit to take several 
species of marine mammals for purposes of commercial photography.

DATES: Written comments must be received on or before October 27, 1999.
    ADDRESSES: The application and related documents are available for 
review upon written request or by appointment in the following 
office(s):
    Permits Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13130, Silver Spring, MD 20910 (301/713-2289);
    Regional Administrator, Alaska Region, NMFS, 709 W 9th 
Street, Federal Building, Room 461, P.O. Box 21668, Juneau, AK 99802 
(907-586-7235);
    Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way 
NE, Bin C15700, Building 1, Seattle, WA 98115-0070 (206-526-6150); and
    Regional Administrator, Southwest Region, NMFS, 501West Ocean 
Blvd., Suite 4200, Long Beach, CA 90802-4213 (562-980-4015).

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority of Sec. 104(c)(6) of the Marine Mammal Protection Act of 
1972, as amended (16 U.S.C. 1361 et seq.), the Regulations Governing 
the Taking and Importing of Marine Mammals (50 CFR part 216). Section 
104(c)(6) provides for photography 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 and non-depleted marine mammals for 
photographic purposes.
    The applicant seeks authorization to inadvertently harass up to: 89 
killer whales (Orcinus orca); 20 Dall's porpoise (Phocoenoides dalli); 
5 harbor porpoise (Phocoena phocoena); 30 gray whales (Eschrichtius 
robustus); 10 minke whales (Balaenoptera acutorostrata); 25 harbor 
seals (Phoca vitulina); 2 elephant seals (Mirounga angustirostris); and 
50 California sea lions (Zalophus californianus) during the course of 
filming activities in Alaska, Washington, and California waters, over a 
1-year period. In accordance with the October 13, 1997, Memorandum of 
Agreement between NOAA and the Makah Tribe, no permit issued will 
authorize photography activities involving gray whales in Washington 
state waters until NMFS has completed consultation with the Makah 
Tribal Council.
    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, 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: September 21, 1999.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 99-25069 Filed 9-27-99; 8:45 am]
BILLING CODE 3510-22-F