[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Notices]
[Pages 20602-20603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8696]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040904A]


Marine Mammals; File Nos. 226-1752, 116-1742, and 878-1715

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

ACTION: Receipt of applications.

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SUMMARY:  Notice is hereby given that the following applicants have 
applied in due form for permits to import marine mammals for purposes 
of public display: Theater of the Sea, 84721 Overseas Highway, 
Islamorada, Florida 33036 (File No. 226-1752) and Sea World, Inc., 7007 
Sea World Drive, Orlando, Florida 32821 (File No. 116-1742). In 
addition, notice is hereby given that Daniel F. Cowan, M.D., The 
University of Texas Medical Branch, Galveston, Texas 77555-0555 (File 
No. 878-1715) has applied in due form for a permit to take parts from 
species of marine mammals for purposes of scientific research.

DATES: Written, telefaxed, or e-mail comments must be received on or 
before May 17, 2004.

ADDRESSES:  The application requests 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;
    File No. 116-1742: Southwest Region, NMFS, 501 West Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213; phone (562)980-4001; fax 
(562)980-4018; and
    File Nos. 226-1752 and 878-1715: Southeast Region, NMFS, 9721 
Executive Center Drive North, St. Petersburg, FL 33702-2432; phone 
(727)570-5301; fax (727)570-5320.
    Written comments or requests for a public hearing on these requests 
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. 226-1752, 116-1742, or 878-1715.

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

SUPPLEMENTARY INFORMATION: The subject permits 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 Fur Seal Act of 
1966, as amended (16 U.S.C. 1151 et seq.), 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 222-226).
    File No. 226-1752: Theater of the Sea requests authorization to 
import one male, adult bottlenose dolphin (Tursiops truncatus) from 
West Edmonton Mall, Alberta, Canada to their facility in Islamorada, 
Florida for the purpose of public display. The receiving facility 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 Alliance for Marine Mammal Parks and Aquariums; and 
(3) holds an Exhibitor's License, number 58-C-0182 , issued by the U.S. 
Department of Agriculture under the Animal Welfare Act (7 U.S.C. 2131-
59).
    File No. 116-1742: Sea World, Inc. requests authorization to import 
one female, adult beluga whale (Delphinapterus leucas), identified as 
``Allua'', from the Vancouver Aquarium Marine Science Center, British 
Columbia, Canada 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 these applicants meet the three 
public display criteria, NMFS must determine whether the applicants 
have 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.
    File No. 878-1715: Dr. Cowan proposes to acquire, import and export 
specimen samples (blood, tissue or body fluids) from all marine mammal 
species (pinnipeds and cetaceans) under NMFS jurisdiction. An unlimited 
number of samples would be taken from the following: (1) stranded 
marine mammal carcasses; (2) other legally taken (collected) dead 
animals, or (3) live stranded marine mammals as part of a program of 
diagnosis and rehabilitation of live stranded marine mammals. 
Importation and exportation are requested in order to provide specimens 
to the international scientific community for consultation of 
diagnosis. The objective of this permit is to utilize samples to 
determine the cause of disease or death or of stranding, leading to 
treatment, for example, in a mass mortality event or of individuals 
from endangered stocks. The applicant has requested a 5-year permit.
    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.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of these applications to the Marine 
Mammal

[[Page 20603]]

Commission and its Committee of Scientific Advisors.

    Dated: April 12, 2004.
Stephen L. Leathery,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 04-8696 Filed 4-15-04; 8:45 am]
BILLING CODE 3510-22-S