[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Page 38078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15911]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XX16


Incidental Taking of Marine Mammals; Taking of Marine Mammals 
Incidental to the Explosive Removal of Offshore Structures in the Gulf 
of Mexico

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

ACTION: Notice; issuance of letters of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and 
implementing regulations, notification is hereby given that NMFS has 
issued a one-year Letters of Authorization (LOA) to take marine mammals 
incidental to the explosive removal of offshore oil and gas structures 
(EROS) in the Gulf of Mexico.

DATES: These authorizations are effective from July 1, 2010 through 
June 30, 2011.

ADDRESSES: The application and LOAs are available for review by writing 
to P. Michael Payne, Chief, Permits, Conservation, and Education 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3235 or by 
telephoning the contact 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.

FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison, 
Office of Protected Resources, NMFS, 301-713-2289.

SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C. 
1361 et seq.) directs the Secretary of Commerce (who has delegated the 
authority to NMFS) to allow, upon request, the incidental, but not 
intentional, taking of small numbers of marine mammals by United States 
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 ``take'' 
means to harass, hunt, capture, or kill or to attempt to harass, hunt, 
capture, or kill any marine mammal.
    Authorization for incidental taking, in the form of annual LOAs, 
may be granted by NMFS for periods up to five years if NMFS finds, 
after notice 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 (where relevant). In 
addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means of effecting the least practicable 
adverse impact on the species and its habitat (i.e., mitigation), and 
on the availability of the species for subsistence uses, paying 
particular attention to rookeries, mating rounds, and areas of similar 
significance. The regulations also must include requirements pertaining 
to the monitoring and reporting of such taking. Regulations governing 
the taking of marine mammals incidental to EROS were published on June 
19, 2008 (73 FR 34875), and remain in effect through July 19, 2013. For 
detailed information on this action, please refer to that Federal 
Register notice. The species that applicants may take in small numbers 
during EROS activities are bottlenose dolphins (Tursiops truncatus), 
Atlantic spotted dolphins (Stenella frontalis), pantropical spotted 
dolphins (Stenella attenuata), Clymene dolphins (Stenella clymene), 
striped dolphins (Stenella coeruleoalba), spinner dolphins (Stenella 
longirostris), rough-toothed dolphins (Steno bredanensis), Risso's 
dolphins (Grampus griseus), melon-headed whales (Peponocephala 
electra), short-finned pilot whales (Globicephala macrorhynchus), and 
sperm whales (Physeter macrocephalus).
    Pursuant to these regulations, NMFS has issued an LOA to ExxonMobil 
Production Company. Issuance of the LOA is based on a finding made in 
the preamble to the final rule that the total taking by these 
activities (with monitoring, mitigation, and reporting measures) will 
result in no more than a negligible impact on the affected species or 
stock(s) of marine mammals and will not have an unmitigable adverse 
impact on subsistence uses. NMFS also finds that the applicant will 
meet the requirements contained in the implementing regulations and 
LOA, including monitoring, mitigation, and reporting requirements.

    Dated: June 24, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-15911 Filed 6-30-10; 8:45 am]
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