[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Notices]
[Pages 38658-38659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13181]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 062805B]


Marine Mammals; File No. 1078-1796

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

ACTION: Receipt of application.

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SUMMARY: Notice is hereby given that the Georgia Aquarium, 2451 
Cumberland Parkway, Suite 3639, Atlanta, Georgia 30339-6157, has 
applied in due form for a permit to import two beluga whales 
(Delphinapterus leucas) for the purposes of public display.

DATES: Written or telefaxed comments must be received on or before 
August 4, 2005.

ADDRESSES: The application 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)427-2521; http://www.nmfs.noaa.gov/pr/permits/review.htm; and
    Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, 
Florida 33701; phone (727)824-5312; fax (727)824-5309.
    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

[[Page 38659]]

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)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. 1078-1796.

FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Amy Sloan, (301/
713-2289).

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority 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).
    The applicant requests authorization to import two male, adult 
beluga whales from Grupo Empresarial Chapultepec, S.A. DE C.V., Mexico 
City, Mexico to the Georgia Aquarium in Atlanta, Georgia, or 
alternatively the Mystic Aquarium, Mystic, Connecticut. The applicant 
requests this import for the purpose of public display. The receiving 
facility, the Georgia Aquarium located at 225 Baker Street, Atlanta, 
Georgia 30313, is scheduled to open November 23, 2005, and aquaria 
contacts are aware of the public display criteria for holding marine 
mammals for public display and their obligation to demonstrate said 
criteria prior to acquiring these animals. Alternatively, these animals 
may be transported to the Mystic Aquarium and Institute for 
Exploration, 55 Coogan Blvd., Mystic, Connecticut 06355, for temporary 
holding while the Georgia Aquarium completes its facility. Mystic 
Aquarium 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 16-C-0025, issued by the U.S. Department of Agriculture 
under the Animal Welfare Act (7 U.S.C. 2131-59).
    In addition to determining whether the applicant meets the three 
public display criteria, NMFS must determine whether the applicant has 
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.
    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.

    Dated: June 29, 2005.
Patrick Opay,
Acting Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 05-13181 Filed 7-1-05; 8:45 am]
BILLING CODE 3510-22-S