[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Notices]
[Page 58662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25818]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 092603A]


Incidental Take of Marine Mammals; Taking of Marine Mammals 
Incidental to Operation of a Low Frequency Sound Source by the North 
Pacific Acoustic Laboratory

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

ACTION: Notice of issuance of a letter of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, notification is hereby given that a letter of authorization to 
take several species of marine mammals incidental to operation of a low 
frequency sound source by the North Pacific Acoustic Laboratory (NPAL) 
was issued on October 3, 2003, to the University of California San 
Diego, Scripps Institution of Oceanography (Scripps).

DATES: This letter of authorization is effective from October 3, 2003, 
through October 2, 2004.

ADDRESSES: The application and letter is available for review in the 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Kimberly Skrupky, NMFS, (301) 713-
2322, ext 163.

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 by NMFS 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 incidental 
to operation of a low frequency sound source by NPAL, were published on 
August 17, 2001 (66 FR 43442), and remain in effect until September 17, 
2006.
    Issuance of the letter of authorization to Scripps is based on 
findings made in the preamble to the final rule that the total takings 
by this project would result in only small numbers (as the term is 
defined in 50 CFR 216.103) of marine mammals being taken. In addition, 
the resultant incidental harassment would have no more than a 
negligible impact on the affected marine mammal stocks or habitats and 
would not have an unmitigable adverse impact on Arctic subsistence uses 
of marine mammals. NMFS also finds that the applicant will meet the 
requirements contained in the implementing regulations and Letter of 
Authorization (LOA), including monitoring and reporting requirements. 
This LOA will be renewed annually based on a review of the activity, 
completion of monitoring requirements and receipt of reports required 
by the LOA.

    Dated: October 3, 2003.
Laurie K. Allen,
Acting Office Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-25818 Filed 10-9-03; 8:45 am]
BILLING CODE 3510-22-S