[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Notices]
[Page 39915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17053]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XX23


Marine Mammals; File No. 15483

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 Bruce Mate, Ph.D., Oregon State 
University, Hatfield Marine Science Center, Newport, OR has applied in 
due form for a permit to conduct research on marine mammals.

DATES:  Written, telefaxed, or e-mail comments must be received on or 
before August 12, 2010.

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. 15483 from the list of available applications.
    These documents are also available upon written request or by 
appointment in the following office(s):
    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
    Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 
1, Seattle, WA 98115-0700; phone (206)526-6150; fax (206)526-6426.
    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. 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:  Tammy Adams 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 
(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.), and the 
regulations governing the taking, importing, and exporting of 
endangered and threatened species (50 CFR 222-226).
    The applicant requests a five-year permit to test the effectiveness 
of an acoustic deterrent at keeping gray whales (Eschrictius robustus) 
migrating past the coast of central Oregon between January and mid-
April away from wave energy buoys, which may pose a collision or 
entanglement risk to the whales. During the experiment, gray whales and 
other marine mammals may be taken by Level B harassment as researchers 
attempt to provoke an avoidance response through sound transmission 
into their environment. The sound source consists of a transmitter and 
projector connected to a 12V 1000AHr battery. The sound will have peak 
efficiency in the 1-3 kHz (1,000-3,000 Hz) range and a maximum source 
level of 170 dB re: 1 microPa at 1 m. The signal will consist of a 
pulse up to 1 second in duration with a pulse rate of 3 pulses per 
minute. The acoustic device will operate during daylight hours only. 
Animals will be tracked and monitored by shore-based observers. The 
source level used in this study is not expected to cause injury to gray 
whales or other animals in the study area. Researchers expect short-
term, short-distance deflection of migratory trajectories as gray 
whales adjust their bearing to avoid received sound pressure levels 
greater than 120 dB, which would occur within 750 m from the source. 
The applicant requests authorization to harass up to 2260 gray whales 
annually. The applicant also requests authorization to incidentally 
harass up 364 harbor porpoise (Phocoena phocoena), 14 each of Southern 
Resident and West Coast Transient killer whales (Orcinus orca), 508 
harbor seals (Phoca vitulina), 8 California sea lions (Zalophus 
californianus), 4 Eastern Distinct Population Segment Steller sea lions 
(Eumetopias jubatus), and 4 Northern elephant seals (Mirounga 
angustirostris) annually during the experiment.
    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 the application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: July 7, 2010.
Tammy C. Adams,
Acting Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-17053 Filed 7-12-10; 8:45 am]
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