[Federal Register Volume 69, Number 45 (Monday, March 8, 2004)]
[Notices]
[Pages 10680-10681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5189]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 013004C]


Marine Mammals; File Nos. 655-1652 and 775-1600

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

ACTION: Issuance of permit and permit amendment.

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SUMMARY: Notice is hereby given that Scott D. Kraus, Ph.D., Edgerton 
Research Laboratory, New England Aquarium, Central Wharf, Boston, MA 
02110-3309 has been issued a permit to take northern right whales 
(Eubalaena glacialis) for purposes of scientific research. The 
Northeast Fisheries Science Center, NMFS,166 Water Street, Woods Hole, 
Massachusetts 02543-1026 [Principal Investigator (PI): Dr. John 
Boreman] has been issued a major amendment to Permit No. 775-1600-06 to 
take northern right whales for purposes of scientific research.

ADDRESSES: The permit, permit amendment, 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;
    Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-
2298; phone (978)281-9200; fax (978)281-9371;
    Southeast Region, NMFS, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702-2432; phone (727)570-5301; fax (727)570-5320.

FOR FURTHER INFORMATION CONTACT: Dr. Tammy Adams or Ruth Johnson, 
(301)713-2289.

SUPPLEMENTARY INFORMATION: File No. 655-1652. On October 16, 2001, 
notice was published in the Federal Register (66 FR 52594) that a 
request for a scientific research permit to take northern right whales 
had been

[[Page 10681]]

submitted by the above-named individual. The requested permit has been 
issued under the authority 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), 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 parts 222-226).
    Permit No. 65-1652-00 authorizes Dr. Kraus to conduct research 
involving monitoring the health and status of North Atlantic right 
whales, including aerial and shipboard surveys, photo-identification, 
remote biopsy sampling, attachment of scientific instruments, and 
blubber ultrasound measurements. Up to 300 whales per year may be taken 
for up to five years.
    File No. 775-1600. On October 27, 2000, notice was published in the 
Federal Register (65 FR 64432) that a request for a scientific research 
permit to take seven species of baleen whale, 21 species of 
odontocetes, and four species of pinnipeds had been submitted by the 
above-named organization. Permit No. 775-1600-00 was issued on March 6, 
2001 (66 FR 14135) and subsequently amended six times for various 
reasons. Permit No. 775-1600-00 and its subsequent amendments 
prohibited biopsy sampling of right whale calves less than six months 
old and females accompanied by such calves. The Permit Holders 
requested reconsideration of this prohibition and provided additional 
information in support of their request to biopsy sample calves of any 
age (except newborns) and females accompanied by such calves. NMFS did 
not publish a notice in the Federal Register regarding receipt of the 
request because the original application, which was available for 
public review and comment, requested such authorization. The requested 
permit amendment has been issued under the authority 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), 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 
parts 222-226).
    Issuance of this permit and permit amendment, as required by the 
ESA, was based on a finding that such permit and permit amendment (1) 
were applied for in good faith, (2) will not operate to the 
disadvantage of the endangered species which is the subject of this 
permit, and (3) are consistent with the purposes and policies set forth 
in section 2 of the ESA.

    Dated: March 1, 2004.
Stephen L. Leathery,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 04-5189 Filed 3-5-04; 8:45 am]
BILLING CODE 3510-22-S