[Federal Register Volume 71, Number 4 (Friday, January 6, 2006)]
[Notices]
[Pages 917-920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 122705A]


Marine Mammals; File Nos. 781-1824, 965-1821, 532-1822, 540-1811, 
774-1714, 782-1719, 731-1774

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

ACTION: Notice; receipt of applications and amendment requests; request 
for coments.

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SUMMARY: Notice is hereby given that the following seven entities have 
applied in due form for permits and permit amendments to conduct 
scientific research on marine mammal species and import marine mammal 
part specimens for scientific research purposes:
    Northwest Fisheries Science Center (NWFSC, Dr. Linda Jones, 
Principle Investigator), 2725 Montlake Blvd., East, Seattle, Washington 
98112-2097 (File No. 781-1824);
    Dr. David E. Bain, Friday Harbor Laboratories, University of 
Washington, 620 University Road, Friday Harbor, Washington 98250 (File 
No. 965-1821);
    Center for Whale Research (CWR, Mr. Kenneth C. Balcomb III, 
Principle Investigator), 355 Smuggler's Cove Road, Friday Harbor, 
Washington 98250 (File No. 532-1822);
    Mr. John Calambokidis, Cascadia Research, Waterstreet Bldg., 218 1/
2 W. 4th Avenue, Olympia, Washington 98501 (File No. 540-1811);
    Southwest Fisheries Science Center (SWFSC, Dr. Stephen B. Reilly, 
Principle Investigator), 8604 La Jolla Shores Drive, La Jolla, 
California 92037 (Permit No. 774-1714);
    National Marine Mammal Laboratory, Alaska Fisheries Science Center, 
(NMML, Dr. John L. Bengtsen, Principle Investigator), 7600 Sand Point 
Way, NE., Seattle, Washington 98115-6349 (Permit No. 782-1719); and
    Dr. Robin W. Baird, Cascadia Research, Waterstreet Bldg., 218 1/2 
W. 4th Avenue, Olympia, Washington 98501 (Permit No. 731-1774).

DATES: Written, telefaxed, or e-mail comments must be received on or 
before February 6, 2006.

ADDRESSES: The application and related documents are available for 
review upon written request, online at http://www.nmfs.noaa.gov/pr/permits/review.htm, or by appointment in the following offices:
    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 98115-0070; phone (206) 526-6150; fax (206) 526-6426;
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562) 980-4001; fax (562) 980-4018; and
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone 
(907) 586-7221; fax (907) 586-7249.
    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) 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: 
either File No. 781-1824, or 965-1821, or 532-1822, or 540-1811, or 
Permit Nos. 774-1714, or 782-1719, or 731-1774.

FOR FURTHER INFORMATION CONTACT: Shane Guan or Kelsey Abbott, (301) 
713-2289.

[[Page 918]]


SUPPLEMENTARY INFORMATION: The subject permits and amendment requests 
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 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.).
    File No. 781-1824: The NWFSC proposes to conduct a five-year study 
to determine the abundance, distribution, movement patterns, habitat 
use, contaminant levels, prey choice, behavior, energetics, and stock 
structure of cetacean species in the eastern North Pacific off the 
coast of Washington, Oregon, and California. The applicant proposes to 
take 20 cetacean species, including endangered blue whales 
(Balaenoptera musculus), fin whales (Balaenoptera physalus), humpback 
whales (Megaptera novaeangliae), sperm whales (Physeter macrocephalus), 
and the distinct population segment (DPS) of the Southern Resident 
killer whale (Orcinus orca). These studies would be carried out through 
vessel surveys, photo-identification from large and small vessels, 
focal follows to collect behavioral data, photogrammetry, passive 
acoustic monitoring, biological sample collection, satellite/radio and 
data log/time-depth tagging and tracking, and health assessments. The 
applicant proposes to utilize video photogrammetry from an unmanned 
tethered airship to document cetacean behavior and assess body 
condition. The airship would be tethered to a small boat (20-40 feet) 
and would be flown at an altitude of 250-400 feet. Passive acoustic 
data may be collected using a towed hydrophone array and/or sonobuoys. 
On an opportunistic basis, prey remains, sloughed skin, or feces would 
be collected from the water column and biopsy samples would be 
collected from both free-ranging and stranded cetaceans. Biopsy samples 
would undergo genetic, contaminant, stable isotope, and fatty acid 
analyses. To track the movements and diving behavior of cetaceans, both 
data logging tags and satellite or radio tags would be attached to the 
animals. These tags may use either suction cup or implantable 
attachments. To assess the health of the animals, breath samples would 
be collected by placing a funnel over the blowhole of a surfacing 
animal and manually opening the attached vacuum cylinder as the animal 
exhales. To further assess the health of cetaceans, the applicant 
proposes using a 0.5MHz ultrasound transducer to determine the blubber 
thickness of Alaska resident killer whales, humpback whales, and gray 
whales (Eschrichtius robustus). The proposed research would also 
include the salvage and import/export of cetacean parts, specimens, and 
biological samples. All proposed activities would target adult and 
juvenile males and females as well as females accompanying calves. No 
calves would be taken. The applicant requests a total of 215 annual 
takes of Southern Resident killer whales (SRKW) for close approach for 
vessel and aerial surveys, photo-id, photogrammetry, focal follows, and 
collection of prey and fecal material. Additionally, NWFSC proposes to 
takes 5 breath samples and 25 biopsy samples from SRKW each year. Using 
only suction cup attachment, the applicant proposes to attach 10 data 
logging tags to SRKW annually. In addition, the applicant requests 
authorization to engage in the worldwide import, export, re-export and/
or salvage of 30 biological samples, specimens, or parts from SRKW 
annually. Each year, up to 300 Southern Resident killer whales may be 
incidentally harassed by the above research activities.
    File No. 965-1821: Dr. David Bain requests a five-year permit to 
study killer whales, including the Southern Resident DPS. Research 
would focus on the inland waters of Washington, with comparative data 
collected from central California to central Alaska. The study is 
designed to examine killer whale distribution and movement patterns; 
diet and energetic requirements; reproduction and mortality patterns; 
health; social structure; and the effects of anthropogenic 
disturbances, including noise, on the whales. The applicant proposes to 
utilize a variety of platforms including boats, unmanned vessels, and 
blimps. Unmanned vessels would be used to carry instrumentation as an 
alternative to the use of a small manned vessel. Standard manned blimps 
(50-60 meters or 164-197 feet in length) would be operated at 1,000-
1,500 feet. Smaller unmanned blimps (10-15 meters or 33-49 feet in 
length) would be operated via remote control at an altitude no higher 
than 400 feet and potentially 200-250 feet. Video and photographs would 
be collected from all survey platforms for use in photo-identification 
and photogrammetry. The applicant proposes to conduct health 
assessments of each Southern Resident once per year. These health 
assessments would consist of underwater photography, respiratory 
samples, infrared imaging, and acoustic recordings of blows. Underwater 
video would be taken to assess body condition, including possible 
pregnancies, injuries, and body girth. To collect baseline information 
about upper respiratory tract microbes, a researcher would sweep a 
culture plate attached to a lightweight telescoping pole through the 
exhaled air of a whale surfacing near the research vessel. The acoustic 
properties of whale blows would be recorded using a directional 
microphone and parabolic reflector. A thermal imaging camera would be 
utilized to examine the spatial characteristics of blows as well as any 
bodily wounds. A laser range finder would be employed to measure the 
distance to a whale for calibrating images and recordings. To study 
killer whale diet, samples of prey and feces would be collected for 
analysis. A Splashcam camera towed in the upper 10 meters (33 feet) of 
the water column would be employed on some occasions to monitor 
potential prey. Multi-beam sonar images operated at a high frequency 
level of 200 kHz would be used to determine the relative density of 
potential prey in the water column. Both tetrahedral and linear towed 
arrays may be used to collect passive acoustic data. Focal follows of 
individual animals would be conducted to examine behavior, social 
structure, and energetics. The applicant requests 50 thirty-minute 
focal follow samples annually, focusing on one age/sex class each year. 
Adult males, adult females, and juveniles would be sampled in this 
manner. Annually, 300 SRKW and 320 killer whales of other stocks would 
be harassed during the above research activities. The applicant has 
also requested takes of other cetacean and pinniped species that may be 
incidentally harassed during the killer whale research. These species 
include humpback whales, fin whales, harbor seals (Phoca vitulina), 
northern fur seals (Callorhinus ursinus), and Steller sea lions 
(Eumetopias jubatus).
    File No. 532-1822: The Center for Whale Research (CWR, Ken Balcomb, 
Principal Investigator) requests a five-year permit to study Southern 
Resident killer whales throughout their range, from Monterey Bay, 
California to the Queen Charlotte Islands, Canada. The goal of the 
research would be to continue conducting annual photo-identification 
studies on this population in order to monitor population size and

[[Page 919]]

demographics, movements and distribution, social structure, and 
individual health and body condition. To achieve these goals, CWR 
requests 500 annual takes of SRKW by close approach for photo-
identification and 1,000 takes annually by close approach for vessel 
and aerial surveys. During vessel surveys, the applicant would collect 
passive acoustic information. The applicant also requests authority to 
collect photo-identification data from other killer whale stocks that 
are encountered opportunistically, including the eastern North Pacific 
Offshore stock, eastern North Pacific Northern Resident stock, and the 
eastern North Pacific Transient stock. Takes would occur by close 
approach by vessel survey for photo-identification, and by incidental 
harassment by aerial and vessel surveys. In addition, the researcher 
would like to collect non-marine mammal prey remains after the killer 
whales have left an area.
    File No. 540-1811: John Calambokidis (Cascadia Research) requests a 
five-year permit to study marine mammals in the North Pacific Ocean 
including the waters off California, Oregon, and Washington. The 
applicant requests the authority to: (1) Use photo-identification 
activities to determine the abundance, movements, and population 
structure of cetaceans; (2) collect skin biopsies to determine sex and 
relatedness, and to evaluate stock structure of cetaceans; (3) conduct 
suction cup tagging activities to examine the diving behavior, feeding, 
movements, and vocal behavior of cetacean species; (4) conduct aerial, 
vessel, and shore-based surveys to examine distribution, abundance, 
habitat, and feeding behavior; and (5) to recover dead harbor seals for 
contaminant analysis. To conduct this research, the applicant requests 
takes of five species of pinnipeds and 27 cetacean species, including 
humpback whales, blue whales, fin whales, and gray whales. The 
principal research activities of this study would be to survey, photo-
id, and biopsy sample gray, humpback, and blue whales in the Pacific 
Northwest; to tag humpback, blue, and fin whales off the coast of 
California; to perform aerial surveys for harbor porpoises, humpback, 
and blue whales; and to perform shore-based censuses of harbor seals in 
Washington. The applicant plans to tag and biopsy all age and sex 
classes except calves less than one year of age and females 
accompanying such calves. Tagging packages would contain a combination 
of the following instruments and devices: hydrophone and recording 
system for underwater vocalizations, pressure sensor to record water 
depth, sensor to monitor and record water temperature, 3-axis 
accelerometers to measure pitch and roll of animal, 3-axis solid state 
magnetometers to measure heading, VHF tag to provide local positioning 
information, satellite tag to record long-range movements, and 
underwater video camera to record behavior and prey. The applicant also 
requests 150 annual takes of Southern Resident killer whales by close 
approach for photo-identification and 150 annual SRKW takes by close 
approach for aerial and vessel surveys.

Amendment Requests

    Permit No. 774-1714-04: The SWFSC proposes to amend their existing 
scientific research permit (Permit No. 774-1714, issued on June 30, 
2004 and most recently amended on September 16, 2005) to allow takes of 
the recently ESA-listed Southern Resident killer whale DPS. The purpose 
of the research is to document the range of the SRKW within 300 nm of 
the California, Oregon, and Washington outer coasts, which is outside 
their relatively well studied distribution in inland and coastal 
waters. The research would be carried out opportunistically during 
SWFSC's line-transect surveys designed to provide data for Stock 
Assessment Reports on abundance and stock identity of all cetacean 
species in these areas. Photo-identification activities would be 
conducted from small boats at a distance of 10-20 meters (approximately 
33-65 feet) from the animals. Biopsy sampling would only be done at the 
request of the NWFSC. The SWFSC is requesting to amend Permit No. 774-
1714-03 to allow takes of 20 SRKW and 180 non-SRKW for photo-
identification, and 10 SRKW and 130 non-SRKW for biopsy sampling 
annually. Each year, up to 20 SRKW may be incidentally harassed by the 
above research activities. The current permit allows the SWFSC to take 
500 killer whales for biopsy and 500 for photo-identification, with no 
distinction between SRKW and non-SRKW. The amended permit, if issued, 
would be valid until the permit expires on June 30, 2009.
    Permit No. 782-1719-03: Permit No. 782-1719-00, issued to NMML on 
June 30, 2004 (69 FR 44514) and most recently amended on September 16, 
2005 authorizes the Permit Holder to take all species of cetaceans 
under NMFS jurisdiction during stock assessment activities throughout 
U.S. territorial waters and the high seas of the North Pacific Ocean, 
Southern Ocean, Arctic Ocean, and the territorial waters of Mexico 
(Gulf of California only), Canada, Russia, Japan, and the Philippines. 
The permit authorizes close approach during Level B harassment (aerial 
surveys, vessel-based surveys, observations, and photo-identification) 
and Level A harassment (biopsy sampling and attachment of scientific 
instruments) for all age and sex classes. The Holder now requests 
authority to opportunistically sample SRKW when encountered during 
stock assessment surveys. The Holder asks to biopsy sample 10 SRKW 
(excluding calves and accompanying females) per year. These samples 
will undergo fatty acid, stable isotope, and contaminant analyses to 
determine the diet and nutrition of the animals. In addition, NMML 
requests 100 takes of SRKW by close approach for photo-identification 
and 1,000 annual takes by vessel and aerial surveys. The amended 
permit, if issued, would be valid until the permit expires on June 30, 
2009.
    Permit No. 731-1774-01: Permit No. 731-1774, issued to Robin Baird, 
Ph.D. (Cascadia Research) on September 16, 2005, authorizes takes by 
close approach, including vessel approaches, aerial over-flights, and 
suction cup tagging of cetacean species in all U.S. and international 
waters in the Pacific, including Alaska, Washington, Oregon, 
California, Hawaii, and other U.S. territories. The objectives of the 
research are to assess cetacean populations and to study diving and 
night-time behavior, social organization, and inter-specific 
interactions. The Permit Holder now requests authority to suction cup 
tag 15 Southern Resident killer whales per year to assess inter-annual 
variability in diving patterns. Males and females of all ages would be 
tagged, with the exception of calves under six months of age and 
females attending such calves. Furthermore, the Holder requests 100 
takes of all age and sex classes of SRKW annually by harassment during 
close approach for vessel and aerial surveys, photo-identification, 
behavioral observations, video and acoustic recordings, and incidental 
harassment. The proposed research would primarily occur in the waters 
of Washington, but may also occur in the waters of California and 
Oregon. The current permit authorizes the Holder to import/export five 
parts/samples from killer whales. The Holder requests authority to 
import/export one part or sample from SRKW and four from other killer 
whales annually. The amended permit, if issued, would be valid until 
the permit expires on August 31, 2010.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of this application to the Marine 
Mammal

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Commission and its Committee of Scientific Advisors.

    Dated: December 30, 2005.
Shane Guan,
Acting Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E6-18 Filed 1-5-06; 8:45 am]
BILLING CODE 3510-22-S