[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Notices]
[Pages 67151-67152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28082]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA774


Marine Mammals; File No. 13927

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

ACTION: Notice; issuance of permit.

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SUMMARY: Notice is hereby given that a permit has been issued to Dr. 
James H.W. Hain, Associated Scientists at Woods Hole, Box 721, Woods 
Hole, MA 02543 to conduct research on North Atlantic right whales 
(Eubalaena glacialis) and humpback whales (Megaptera novaeangliae).

ADDRESSES: The permit and related documents are available for review 
upon written request or by appointment in the following offices:
    Permits and Conservation Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; 
phone (301) 427-8401; fax (301) 713-0376; and
    Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, FL 
33701; phone (727) 824-5312; fax (727) 824-5309.

FOR FURTHER INFORMATION CONTACT: Carrie Hubard or Amy Hapeman, (301) 
427-8401.

SUPPLEMENTARY INFORMATION: On December 10, 2008, notice was published 
in the Federal Register (73 FR 75084) that a request for a permit to 
conduct research on 23 cetacean species had been submitted by the 
above-named applicant. An additional two species of pinnipeds and four 
species of sea turtles were listed as animals that could be 
incidentally harassed as a result of the research. A permit that 
authorizes some of the activities requested by the applicant 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.), and the regulations governing the taking, importing, and 
exporting of endangered and threatened species (50 CFR parts 222-226).
    Permit No. 13927 authorizes aerial and vessel surveys to study 
North Atlantic right and humpback whales. Bottlenose (Tursiops 
truncatus) and Atlantic spotted dolphins (Stenella frontalis) may be 
incidentally harassed during research activities. Research may occur 
annually, December through April off the U.S. southeast coast. The 
permit is valid through October 31, 2016. Several aspects of the 
application request have been denied, including: (1) Research off the 
coast of the northeast United States; (2) takes of pinnipeds, sea 
turtles, and cetacean species other than those listed above; (3) the 
use of non-motorized vessels, such as kayaks; (4) research associated 
with Project II (studies of sightability and survey methodology as 
relates to Early Warning Systems and mitigation of human impacts, 
including development and evaluation of new and/or improved research 
methods); and (5) research associated with Project III.b (feeding 
behavior of baleen whales).
    An environmental assessment (EA) was prepared 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 the analyses in the EA, NMFS determined that issuance of the 
permit would not significantly impact the quality of the human 
environment and that preparation of an environmental

[[Page 67152]]

impact statement was not required. That determination is documented in 
a Finding of No Significant Impact (FONSI), signed on October 17, 2011.
    As required by the ESA, issuance of this permit was based on a 
finding that such permit: (1) Was applied for in good faith; (2) will 
not operate to the disadvantage of such endangered species; and (3) is 
consistent with the purposes and policies set forth in section 2 of the 
ESA.

    Dated: October 25, 2011.
Tammy C. Adams,
Acting Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2011-28082 Filed 10-28-11; 8:45 am]
BILLING CODE 3510-22-P