[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Notices]
[Pages 19068-19069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9563]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XO86


Marine Mammals; File No. 14497

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

ACTION:  Notice; receipt of application.

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

SUMMARY:  Notice is hereby given that The Mirage Casino-Hotel, 3400 Las 
Vegas Blvd. South, Las Vegas, Nevada 89109, has applied in due form for 
a permit to import two bottlenose dolphins (Tursiops truncatus) for the 
purposes of public display.

DATES:  Written or telefaxed comments must be received on or before May 
27, 2009.

ADDRESSES:  The application and related documents are available for 
review by selecting ``Records Open for Public Comment'' from the 
Features box on the Applications and Permits for Protected Species 
(APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File 
No. 14497 from the list of available applications.
    The application and related documents are available for review upon 
written request 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; and
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018.
    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 e-mail comments is [email protected]v. Include in the 
subject line of the e-mail

[[Page 19069]]

comment the following document identifier: File No. 14497.

FOR FURTHER INFORMATION CONTACT:  Jennifer Skidmore or Kristy Beard, 
(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 
captive-born bottlenose dolphins from Dolphin Quest in Hamilton, HM FX, 
Bermuda to The Mirage Casino-Hotel in Las Vegas, NV. The applicant 
requests this import for the purpose of public display. The receiving 
facility, The Mirage, is: (1) open to the public on a 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; and (3) holds an 
Exhibitor's License, number 88-C-0074, 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: April 22, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-9563 Filed 4-24-09; 8:45 am]
BILLING CODE 3510-22-S