[Federal Register Volume 69, Number 19 (Thursday, January 29, 2004)]
[Notices]
[Pages 4293-4294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1937]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 010604B]


Marine Mammals; File No. 116-1729

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 4294]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Receipt of application.

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SUMMARY: Notice is hereby given that Sea World, Inc., 7007 Sea World 
Drive, Orlando, Florida 32821, has applied in due form for a permit to 
import one beluga whale (Delphinapterus leucas) and one Commerson's 
dolphin (Cephalorhynchus commersonii) for the purposes of public 
display.

DATES: Written or telefaxed comments must be received on or before 
March 1, 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 (301/713-2289); and
    Regional Administrator, Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, California 90802, (562/980-4021).
    Written comments or requests for a public hearing on this request 
should be submitted 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 permit 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 other electronic 
media.

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

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority 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).
    The applicant requests authorization to import one male, adult 
beluga whale (Delphinapterus leucas) and one male, adult Commerson's 
dolphin (Cephalorhynchus commersonii) from the Duisburg Zoo, Germany to 
Sea World of California in San Diego, California. The applicant 
requests this import for the purpose of public display. The receiving 
facility, Sea World of California, 1720 South Shores Road, San Diego, 
California 92109 is: (1) open to the public on regularly scheduled 
basis with access that is not limited or restricted other than by 
charging for an admission fee; (2) offers an educational program based 
on professionally accepted standards of the AZA and the Alliance for 
Marine Mammal Parks and Aquariums; and (3) holds an Exhibitor's 
License, number 93-C-069, issued by the U.S. Department of Agriculture 
under the Animal Welfare Act (7 U.S.C. 2131-59).
    In addition to determining whether the applicant meets the three 
public display criteria, NMFS must determine whether the applicant has 
demonstrated that the proposed activity is humane and does not 
represent 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.
    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: January 23, 2004.
Stephen L. Leathery,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 04-1937 Filed 1-28-04; 8:45 am]
BILLING CODE 3510-22-S