[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Pages 38883-38884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13265]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 062805A]


Marine Mammals; File No. 932-1489

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

ACTION: Issuance of permit amendment.

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SUMMARY: Notice is hereby given that the Marine Mammal Health and 
Stranding and Response Program (MMHSRP), National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD, has been issued an 
amendment to Permit No. 932-1489 to continue stranding response 
activities for marine mammal species under NMFS jurisdiction.

DATES: Written, telefaxed, or e-mail comments must be received on or 
before August 5, 2005.

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

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

SUPPLEMENTARY INFORMATION: Permit No. 932-1489-00 was issued on July 2, 
1999 (64 FR 37933). The requested amendment has been granted 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 (MMPA; 50 CFR part 216), the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the 
regulations governing the taking, importing, and exporting of 
endangered and threatened species (50 CFR 222-226), and the Fur Seal 
Act of 1966, as amended (16 U.S.C. 1151 et seq.).
    The permit has been amended to extend the expiration date of the 
permit by two years; allow aerial surveys as a method for finding 
injured or entangled marine mammals or to survey the extent of a 
disease outbreak or die-off of marine mammals; allow harassment of 
marine mammals on land incidental to other MMHSRP activities authorized 
by the permit; and allow development and maintenance of marine mammal 
cell lines for diagnostic testing. The objectives of the permit 
amendment remain the same as the original permit: to implement the 
Marine Mammal Health and Stranding Response Program

[[Page 38884]]

in accordance with Title IV of the MMPA (16 U.S.C. 1421 et seq.).
    Pursuant to the provisions of Section 104(c)(3)(A) of the MMPA and 
implementing regulations at 50 CFR 216.33(e)(6), NMFS has issued this 
permit amendment without making the application available for a 30-day 
public comment period. Specifically, these provisions allow NMFS to 
waive the comment period in a situation where the health and life of an 
ESA-listed marine mammal is threatened and no reasonable alternative is 
available. Whereas the MMPA provides authorization for federal, state, 
and local government officials to take marine mammals in a humane 
manner if such taking is for the protection or welfare of the mammal, 
there are no comparable provisions under the ESA. Without this permit 
amendment, there would be no permit allowing for proper response to 
imperiled ESA-listed marine mammals. NMFS therefore determined that 
there was a compelling reason for waiving the 30-day public review and 
comment period on the application.
    Issuance of this permit, as required by the ESA, was based on a 
finding that such permit: (1) Was applied for in good faith; (2) will 
not operate to the disadvantage of such endangered species; and (3) is 
consistent with the purposes and policies set forth in section 2 of the 
ESA.
    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) 281-9200; fax (978) 281-9371; and
    Southeast Region, NMFS, 263 13th Avenue South, St. Petersburg, FL 
33702-2432; phone (727) 824-5312; fax (727) 824-5517.

    Dated: June 29, 2005.
Patrick Opay,
Acting Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 05-13265 Filed 7-5-05; 8:45 am]
BILLING CODE 3510-22-S