[Federal Register Volume 74, Number 230 (Wednesday, December 2, 2009)]
[Notices]
[Page 63120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28833]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XT16


Marine Mammals; File No. 15153

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

ACTION: Notice; receipt of application.

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SUMMARY: Notice is hereby given that Dolphin Quest Hawaii, 69-425 
Waikoloa Beach Drive, Waikoloa, HI 96738, 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 
January 4, 2010.

ADDRESSES: 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)713-0376; and
    Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, 
Honolulu, HI 96814-4700; phone (808)944-2200; fax (808)973-2941.
    Written comments on this application should be submitted to the 
Chief, Permits, Conservation and Education Division, at the address 
listed above. Comments may also be submitted by facsimile to (301)713-
0376, or by email to [email protected]. Please include the File 
No. 15153 in the subject line of the email comment.
    Those individuals requesting a public hearing should submit a 
written request to the Chief, Permits, Conservation and Education 
Division at the address listed above. The request should set forth the 
specific reasons why a hearing on this application would be 
appropriate.

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 Dolphin Quest Hawaii, Waikoloa, HI. The applicant requests 
this import for the purpose of public display. The receiving facility, 
Dolphin Quest Hawaii, 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 of the Alliance for 
Marine Mammal Parks and Aquariums; and (3) holds an Exhibitor's 
License, number 95-C-0037, issued by the U.S. Department of Agriculture 
under the Animal Welfare Act (7 U.S.C. Sec. Sec.  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: November 24, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-28833 Filed 12-1-09; 8:45 am]
BILLING CODE 3510-22-S