[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Notices]
[Pages 30309-30311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12999]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA444


Marine Mammals and Endangered Species; File Nos. 14245, 1596-03, 
and 14726-01

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 30310]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of permit and permit modifications.

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SUMMARY: Notice is hereby given that NMFS has issued a permit and two 
permit modifications to conduct research on marine mammals or sea 
turtles.

ADDRESSES: The permit, permit modifications, and related documents are 
available for review upon written request or by appointment in the 
following offices: See SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Amy Hapeman (for all permits) or one 
of the following analysts: Carrie Hubard (For File No. 14245), Colette 
Cairns (for File No. 1596-03) or Kristy Beard (for File No. 14726-01) 
at (301)713-2289.

SUPPLEMENTARY INFORMATION: On April 27, 2010 and December 29, 2010, 
notices were published in the Federal Register (75 FR 26715 and 81970, 
respectively) that a request for a permit to conduct research on 33 
species of cetaceans and harass eight species of pinnipeds had been 
submitted by the NMFS National Marine Mammal Laboratory (NMML; File No. 
14245). The requested permit has been issued under the authority of the 
Marine Mammal Protection Act of 1972, as amended (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.), the regulations governing the 
taking, importing, and exporting of endangered and threatened species 
(50 CFR parts 222-226), and the Fur Seal Act of 1966, as amended (16 
U.S.C. 1151 et seq.). The NMML (Dr. John Bengtson, Responsible Party), 
Alaska Fisheries Science Center, 7600 Sand Point Way, NE, Seattle, WA 
98115-6349 has been issued a 5-year permit to conduct research in the 
Pacific, Atlantic, and Arctic Oceans on marine mammals including 
endangered blue (Balaenoptera musculus), sei (B. borealis), fin (B. 
physalus), sperm (Physeter macrocephalus), North Pacific right 
(Eubalaena japonica), bowhead (Balaena mysticetus), humpback (Megaptera 
novaeangliae), Southern Resident killer (Orcinus orca), and Cook Inlet 
beluga (Delphinapterus leucas) whales to monitor cetaceans for 
scientific and management purposes. Research activities include aerial 
and vessel surveys, biopsy sampling, tagging, and/or captures and a 
suite of sampling procedures associated with captures. During vessel 
surveys researchers may opportunistically collect sloughed skin, fecal 
samples, and carcass remains. Research activities in the Southern Ocean 
were withdrawn by NMML after the close of the public comment period. In 
addition, NMFS did not authorize requested capture activities for Cook 
Inlet beluga whales. The permit is valid through May 1, 2016.
    On May 12, 2010, notice was published in the Federal Register (75 
FR 26715) that a modification of Permit No. 1596-02 had been requested 
by the NMFS Southwest Fisheries Science Center (SWFSC; File No. 1596-
03) for research on sea turtles. The SWFSC (Dr. Lisa Ballance, 
Responsible Party), 3333 N. Torrey Pines Ct., La Jolla, CA 92037 was 
issued a modification to Permit No. 1596-02, issued May 3, 2009 (74 FR 
38585). Permit No. 1596-02 authorizes the SWFSC to conduct research on 
leatherback (Dermochelys coriacea) sea turtles captured off the western 
coast of the continental United States to continue long-term monitoring 
of the status of the species. Researchers may capture, measure, weigh, 
blood and tissue sample, photograph, flipper and passive integrated 
transponder (PIT) tag, fat biopsy, ultrasound, satellite tag, and 
attach a VHF/TDR/sonic tag/video system, VHR/TDR/sonic tag/GPS unit, or 
VHR/TDR/sonic tag/GPS/video camera system to leatherback sea turtles. 
Animals with the video camera system may be re-approached to collect 
the unit and then sampled, tagged, and have another video camera unit 
attached. This permit modification, No. 1596-03, authorizes the SWFSC 
to directly attach a tag to the animal's medial ridge in place of the 
previously authorized harness attachment. Researchers may also attach a 
VHF/TDR/Sonic tag/GPS/Video camera system by suction cup to the free-
swimming turtle prior to capture. These tags would provide valuable 
information on leatherback movements and behavior in the Pacific Ocean 
between their foraging areas and nesting beaches. The modification is 
valid until the permit expires February 1, 2012.
    On February 3, 2011, notice was published in the Federal Register 
(76 FR 6118) that a modification to Permit No. 14726 had been requested 
by Dr. Blair Witherington (File No. 14726-01) for research on sea 
turtles. Dr. Witherington, Florida Fish and Wildlife Conservation 
Commission, 9700 South A1A, Melbourne Beach, FL, 32951 was issued a 
modification to Permit No. 14726, issued September 3, 2010 (75 FR 
61133). Permit No. 14726 authorizes him to locate and describe areas of 
the Atlantic Ocean and Gulf of Mexico near Florida that serve as 
developmental habitat for pelagic stage juvenile and neonate loggerhead 
(Caretta caretta), green (Chelonia mydas), Kemp's ridley (Lepidochelys 
kempii), hawksbill (Eretmochelys imbricata), and leatherback sea 
turtles, to quantify threats to pelagic sea turtles, and to gather 
information on their life-history, genetics, movements, behavior, and 
diet. Researchers are authorized to capture by dip net, flipper and PIT 
tag, measure, weigh, and oral swab sea turtles. A subset of animals may 
be skin biopsied, lavaged or have a satellite tag attached. The permit 
modification authorizes Dr. Witherington to: (1) Increase the number 
and life stages of sea turtles that may be taken annually; (2) 
authorize fecal sampling for all animals and satellite tagging for a 
subset of green sea turtles; and (3) expand the authorized study area 
to include the entire Gulf of Mexico. This work will: (1) Identify 
threats to pelagic sea turtles, and (2) document the density, 
condition, diet, and potential Mississippi Canyon 252 oil exposure of 
pelagic sea turtles associated with floating Sargassum as part of the 
post-spill Natural Resources Damage Assessment of the BP Deepwater 
Horizon event. The modified permit is valid through December 31, 2011.
    The requested permit modifications have been granted under the 
authority of 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).
    An environmental assessment (EA) or supplemental EA was prepared 
for each permit request analyzing the effects of the permitted 
activities on the human environment in compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Based on 
these analyses, NMFS determined that issuance of the permit and permit 
modifications would not significantly impact the quality of the human 
environment and that preparation of an environmental impact statement 
was not required. That determination is documented in a Finding of No 
Significant Impact (FONSI), signed on the following dates for each 
permit: File No. 14245: April 22, 2011, File No. 1596-03: April 15, 
2011, and File No. 14726-01: April 7, 2011.
    As required by the ESA, issuance of the permits and permit 
modifications was based on a finding that such permits: (1) Were 
applied for in good faith; (2) will not operate to the disadvantage of 
such endangered species; and (3) are consistent with the

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purposes and policies set forth in section 2 of the ESA.
    Documents may be reviewed at: all of the following locations for 
File No. 14245, the Southwest Region for File No. 1596-03, and the 
Southeast Region for File No. 14726-01:
    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;
    Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 
1, Seattle, WA 98115-0700; phone (206)526-6150; fax (206)526-6426;
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone 
(907)586-7221; fax (907)586-7249;
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018;
    Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, 
Honolulu, HI 96814-4700; phone (808)944-2200; fax (808)973-2941;
    Northeast Region, NMFS, 55 Great Republic Drive, Gloucester, MA 
01930; phone (978)281-9328; fax (978) 281-9394; and
    Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, 
Florida 33701; phone (727)824-5312; fax (727)824-5309.

    Dated: May 19, 2011.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2011-12999 Filed 5-24-11; 8:45 am]
BILLING CODE 3510-22-P