[Federal Register Volume 69, Number 3 (Tuesday, January 6, 2004)]
[Notices]
[Pages 631-632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-230]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 122303K]


Marine Mammals; Photography Permit File No. 1061-1738

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 Joanne Lunt, Wag TV, 2d Leroy 
House, 436 Essex Road, London N1 3QP, England [Principal Investigator: 
Joanne Lunt] has applied in due form for a permit to take Northern 
elephant seals (Mirounga angustirostris) for purposes of commercial/
educational photography.

DATES: Written or telefaxed comments must be received on or before 
February 5, 2004.

ADDRESSES: The application and related documents are available for 
review upon written request or by appointment in the following 
office(s):
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301)713-2289; fax (301)713-0376; and
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018.

FOR FURTHER INFORMATION CONTACT: Jill Lewandowski or Jennifer Jefferies 
(301)713-2289.

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority of section 104(c)(6) of the Marine Mammal Protection Act of 
1972, as amended (16 U.S.C. 1361 et seq.), and the Regulations 
Governing the Taking and Importing of Marine Mammals (50 CFR part 216). 
Section 104(c)(6) of the MMPA provides for photography for educational 
or commercial purposes involving marine mammals in the wild not listed 
as endangered or threatened. 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 marine mammals for photographic 
purposes.
    The applicant specifically proposes to take by harassment up to 200 
northern elephant seals during land-based filming activities. The 
purpose of the proposed project is to collect footage of mating 
behavior and also document permitted scientists conducting research on 
northern elephant seals. The footage will be used to produce a 
documentary on the evolution of sexual behavior that will be broadcast 
on Discovery Channel US and Channel 4 UK. Filming activities will take 
place in Point Reyes or Ano Nuevo, California. The Permit would be 
valid 1 year after the date of issuance with filming currently 
scheduled to take place during February 2004.
    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.
    Written comments or requests for a public hearing on this 
application should be mailed to the Chief, Permits, Conservation and 
Education 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 to (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,

[[Page 632]]

NMFS is forwarding copies of this application to the Marine Mammal 
Commission and its Committee of Scientific Advisors.

    Dated: December 30, 2003.
Tammy C. Adams,
Acting Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 04-230 Filed 1-5-04; 8:45 am]
BILLING CODE 3510-22-S