[Federal Register Volume 69, Number 36 (Tuesday, February 24, 2004)]
[Notices]
[Pages 8386-8387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4023]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 020404G]


Marine Mammals; File Nos. 42-1642, 482-1653, and 1026-1671

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

ACTION: Receipt of applications for permit amendments.

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SUMMARY: Notice is hereby given that the following applicants have 
applied in due form for a permit amendment to take marine mammals for 
purposes of scientific research:
    Mystic Aquarium, 55 Coogan Blvd., Mystic, CT 06355 (Dr. Lisa 
Mazarro, Principal Investigator);
    James Gilbert, Ph.D., University of Maine, Department of Wildlife 
Ecology, 210 Nutting Hall, Orono, Maine 04469; and
    Belinda L. Rubinstein, New England Aquarium, Central Wharf, Boston, 
MA 02110.

DATES: Written or telefaxed comments on the amendment requests must be 
received on or before March 25, 2004.

ADDRESSES: The applications and related documents are available for 
review upon written request or by appointment in the following 
office(s):
    All documents: 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
    Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA

[[Page 8387]]

01930-2298; phone (978)281-9200; fax (978)281-9371.

FOR FURTHER INFORMATION CONTACT: Amy Sloan, Ruth Johnson, or Tammy 
Adams, 301/713-2289.

SUPPLEMENTARY INFORMATION: The subject amendments are requested under 
the authority of the Marine Mammal Protection Act of 1972, as amended 
(MMPA; 16 U.S.C. 1361 et seq.), the Regulations Governing the Taking 
and Importing of Marine Mammals (50 CFR part 216), the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the 
regulations governing the taking, importing, and exporting of 
endangered and threatened species (50 CFR 222-227).
    Permit No. 42-1642-02 authorizes the permit holder (Mystic 
Aquarium) to study levels of vitamins A and E in captive and free-
ranging Steller sea lions (Eumetopias jubatus) in relation to various 
life history stages and receive, import, or export serum, milk, and 
tissue samples from captive marine mammals held in facilities within 
the United States and abroad to study the disease hemochromatosis 
(accumulation of iron in tissues) as well as others associated with 
general marine mammal health. The permit also authorized import of one 
male Steller sea lion from the Vancouver Aquarium, Vancouver, Canada 
for breeding with female Steller sea lions currently held by Mystic 
Aquarium in support of their vitamin A and E research studies.
    The holder requests an amendment to receive, import and export 
samples from certain ESA-listed species (Guadalupe fur seal 
(Arctocephalus townsendi), monk seal (Monachus monachus; Monachus 
schauinslandi), Steller sea lion, bowhead whale (Balaena mysticetus), 
right whale (Eubalaena glacialis), and grey whale (Eschrictius 
robustus) and any non ESA-listed species under NMFS jurisdiction in the 
U.S. and abroad (i.e. worldwide). Samples would be obtained from the 
following sources: (1) routine husbandry samples from captive animals; 
(2) stranded animals abroad; (3) legally subsistence-hunted animals in 
the U.S. and abroad; and (4) samples from other permitted research 
projects. The number of samples received per year (up to 500 per 
species) would not increase. The applicant would like to include 
receipt, import or export of all blood constituents (instead of just 
serum), an increased amount of blood (not to exceed 1% body weight) 
from 4 to 12 ml to 4 to 40 ml, and an increase in the number of samples 
received per animal per year from 6 to 30. The objectives of this 
request are (1) to expand sources of samples for currently permitted 
studies; (2) to include health studies of Brucella in a variety of 
marine mammal species; (3) to investigate the effects of environmental 
``stressors'' on the immune system and health of marine mammals; and 
(4) to characterize and investigate the marine mammal nervous and 
immune systems. The holder also requests a - extension for the 
permitted and requested activities.
    Permit No. 482-1653-00 authorizes the permit holder (James Gilbert) 
to capture, mark, sex, measure, blood sample, radio-tag, and monitor 
via aerial survey harbor seals (Phoca vitulina) in order to study seal 
depredations at Atlantic salmon aquaculture farms in New England.
    The applicant requests an amendment to add two additional research 
tasks: (1) population structure and foraging ecology of harbor seals in 
New England; and (2) behavioral and physiological development of diving 
in harbor seal pups. An increase in the numbers of harbor seals to be 
taken is requested (up to 30 neonates, 30 lactating females, and 20 
weaned pups) per year at each of three locations in New England. 
Incidental captures of any age/sex class of up to 3 seals per year per 
location and incidental disturbance during captures may occur. Capture 
and basic processing would include: flipper tag (with retention of 
tissue plug for genetics), measurements, photograph, 1 VHF tag (head), 
blood sample (60 ml), TDR attachment. A second capture would be done to 
recover the TDR. Secondary processing of above animals would include: 
muscle biopsy, electrode implant to monitor heart rate, blood draw over 
20 minutes, and injection of 40 ml Evans Blue Dye (with sedation).
    Permit No. 1026-1671-00 authorizes the permit holder (Belinda 
Rubinstein) to capture, tag, sample (including tooth extraction, 
blubber biopsy, blood and milk collection, anal swabs and fecal 
samples), and release solitary animals of five pinniped species, harbor 
seal, harp seal (Phoca groenlandica), gray seal (Halichoerus grypus), 
the hooded seal (Cystophora cristata), and the ringed seal (Phoca 
hispida)in the wild and in rehabilitation facilities. Samples may be 
exported and re-imported for analyses. The purposes of the research are 
to study habitat utilization using satellite telemetry and flipper 
tagging, determine stock association, and monitor health of phocids 
along the east coast of the U.S., from Maine to Virginia.
    The applicant requests an amendment to clarify sampling of 
lactating females, add capture takes, and refine sampling and restraint 
methodologies. This would include: milk collection from lactating adult 
females with a pup (up to 10 handling takes of pups of each species); 
an increase in the total number of captures of each species by 25 
individuals (from 50 animals to 75) to account for animals that might 
escape or may need to be released prior to sampling due to health or 
other factors; modifications to existing restraint, weighing, sampling 
and emergency protocols; sampling lesions to investigate the prevalence 
of virus/bacteria in the wild populations; rectal temperatures and use 
of a pulse oxymeter to monitor animals' conditions during procedures; 
oral swabs for zoonotic disease studies; and ultrasound for blubber 
thickness measurements.
    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 activities proposed are categorically excluded from the requirement 
to prepare an environmental assessment or environmental impact 
statement.
    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 amendment 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.
    Comments may also be submitted by e-mail. The mailbox address for 
providing email comments is [email protected]. Include in the 
subject line of the e-mail comment the following document identifier: 
File No. 42-1642, 482-1653, or 1026-1671.
    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: February 18, 2004.
Stephen L. Leathery,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 04-4023 Filed 2-23-04; 8:45 am]
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