[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Notices]
[Pages 7082-7083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2627]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 012805B]


Marine Mammals; Photography Permit Application No. 1074-1779

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

ACTION: Receipt of application.

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

SUMMARY: Notice is hereby given that the Cornell Laboratory of 
Ornithology (Marc Dantzker, Principal Investigator), Macaulay Library, 
159 Sapsucker Woods Road, Ithaca, New York, 14850, has applied in due 
form for a permit to conduct commercial/educational photography of 
several species of non-listed marine mammals.

DATES: Written, telefaxed, or e-mail comments must be received on or 
before March 14, 2005.

ADDRESSES: The application and related documents are available for 
review upon written request or by appointment (See SUPPLEMENTARY 
INFORMATION).
    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

[[Page 7083]]

hearing on this particular request would be appropriate.
    Comments may also be submitted by facsimile at (301)427-2521, 
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. 1074-1779.

FOR FURTHER INFORMATION CONTACT: Jennifer Jefferies or Ruth Johnson, 
(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 marine mammals for educational 
purposes.
    The purpose of the proposed project is to film several species of 
non-listed marine mammals for a multimedia educational outreach package 
called Sea of Sound. The objective of this project is to teach 
classrooms and homes around the world about the richness and importance 
of undersea sound. The closeness of filming would be considered Level B 
harrassment and therefore would require a permit under the MMPA. The 
photographers intend to attempt to document marine mammal movement and 
aggregation under varying conditions. Sea of Sound would be produced 
using high definition (HD) video and surround sound. The HD video 
system would be self contained and diver operated. The passive audio 
system would be deployed using a hydrophone array on short cables or in 
a self contained unit that is diver operated. The action area would 
include National Marine Sanctuaries throughout the United States. The 
Permit would expire five years after the date of issuance.
    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) 427-2521;
    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;
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562) 980-4001; fax (562) 980-4018;
    Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, 
Honolulu, HI 96814-4700; phone (808) 973-2935; fax (808) 973-2941;
    Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-
2298; phone (978) 281-9328; fax (978) 281-9394; and,
    Southeast Region, NMFS, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702-2432; phone (727) 570-5301; fax (727) 570-5320.

    Dated: February 4, 2005.
Stephen L. Leathery,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 05-2627 Filed 2-9-05; 8:45 am]
BILLING CODE 3510-22-S