[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42087-42088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11846]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 071706C]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Coastal Commercial Fireworks Displays at Monterey Bay 
National Marine Sanctuary, CA

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

ACTION: Notice; issuance of a letter of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and 
implementing regulations, notification is hereby given that a 1-year 
letter of authorization (LOA) has been issued to the Monterey Bay 
National Marine Sanctuary (MBNMS or the Sanctuary) to incidentally 
take, by Level B Harassment only, California sea lions and Pacific 
harbor seals incidental to authorizing professional fireworks displays 
within the Sanctuary in California waters.

DATES: The LOA will be effective from July 4, 2006, through July 3, 
2007.

[[Page 42088]]


ADDRESSES: The LOA and supporting documentation are available by 
writing to Michael Payne, Chief, Permits, Conservation, and Education 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, by 
telephoning one of the contacts listed here (see FOR FURTHER 
INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, 
by appointment, during regular business hours, at the aforementioned 
address and at the Southwest Region, NMFS, 501 West Ocean Boulevard, 
Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Jolie Harrison, Office of Protected 
Resources, NMFS, (301) 713-2289, or Monica DeAngelis, Southwest 
Regional Office, NMFS, (562) 980-4023.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
NMFS to allow, on request, the incidental, but not intentional, taking 
of small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and regulations are 
issued. Under the MMPA, the term ``taking'' means to harass, hunt, 
capture, or kill or to attempt to harass, hunt, capture or kill marine 
mammals.
    Authorization may be granted for periods up to 5 years if NMFS 
finds, after notification and opportunity for public comment, that the 
taking will have a negligible impact on the species or stock(s) of 
marine mammals and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses. In 
addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means affecting the least practicable 
adverse impact on the species and its habitat and on the availability 
of the species for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. The 
regulations must include requirements for monitoring and reporting of 
such taking.
    Regulations governing the taking of California sea lions and 
Pacific harbor seals, by Level B harassment, incidental to the 
authorization of fireworks displays within the Sanctuary became 
effective on July 4, 2006 (71 FR 40928, July 19, 2006), and remain in 
effect until July 3, 2011. For detailed information on this action, 
please refer to that document. These regulations include mitigation, 
monitoring, and reporting requirements for the incidental taking of 
marine mammals during the fireworks displays within the Sanctuary 
boundaries. This will be the first LOA issued pursuant to these 
regulations.

Authorization

    Accordingly, NMFS has issued an LOA to MBNMS authorizing the Level 
B harassment of marine mammals incidental to the authorization of 
fireworks display within the Sanctuary. Issuance of this LOA is based 
on findings, described in the preamble to the final rule (71 FR 40928, 
July 19, 2006), that the activities described under this LOA will have 
no more than a negligible impact on marine mammal stocks and will not 
have an unmitigable adverse impact on the availability of the affected 
marine mammal stocks for subsistence uses.

    Dated: July 19, 2006.
Donna Wieting,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E6-11846 Filed 7-24-06; 8:45 am]
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