[Federal Register Volume 69, Number 64 (Friday, April 2, 2004)]
[Notices]
[Page 17394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7510]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032404D]


Marine Mammals; Photography Permit Application No. 946-1747

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

ACTION: Receipt of application.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that Ocean Futures Society, 325 Chapala 
St., Santa Barbara, CA 93101, has applied in due form for a permit to 
take gray whales (Eschrichtius robustus) and killer whales (Orcinus 
orca) for purposes of commercial/educational photography.

DATES: Written, telefaxed, or e-mail comments must be received on or 
before May 3, 2004.

ADDRESSES: The application and related documents are available for 
review upon written request or by appointment in the offices listed 
under the SUPPLEMENTARY INFORMATION heading of this notice.
    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 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 e-mail comments is [email protected]. Include in the 
subject line of the e-mail comment the following document identifier: 
File No. 946-1747.

FOR FURTHER INFORMATION CONTACT: Amy Sloan or Jill Lewandowski, (301) 
713-2289.

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority of Sec.  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) provides for photography for educational or 
commercial purposes involving non-endangered and non-threatened marine 
mammals in the wild. 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 and non-depleted marine mammals for 
photographic purposes.
    The applicant proposes to take 100 gray whales and 50 killer whales 
by Level B harassment during close approaches to obtain above- and 
below-water still photographs, video footage, and sound recordings of 
migrating gray whales and encounters of killer whales feeding on gray 
whales. Activities would occur aboard ship, boat, and helicopter along 
the Mexican-U.S. border north to the Bering and Chukchi Seas during the 
periods of April through September 2004 and January through June 2005. 
The purpose of this project is to educate the public on the state of 
the health of the oceans consistent with the six-part Ocean Futures 
Society/KQED-PBS partnership film series (Jean-Michel Cousteau's Ocean 
Adventures series).
    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.
Documents may be reviewed in the following locations:
    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;
    Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 
1, Seattle, WA 98115-0700; phone (206) 526-6150; fax (206) 526-6426;
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone 
(907) 586-7221; fax (907) 586-7249; and
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562) 980-4001; fax (562) 980-4018.

    Dated: March 26, 2004.
Stephen L. Leathery,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 04-7510 Filed 4-1-04; 8:45 am]
BILLING CODE 3510-22-S