69 FR 74 pgs. 20602-20603 - Marine Mammals; File Nos. 226-1752, 116-1742, and878-1715

Type: NOTICEVolume: 69Number: 74Pages: 20602 - 20603
Docket number: [I.D. 040904A]
FR document: [FR Doc. 04-8696 Filed4-15-04; 8:45 am]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version:  PDF Version

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040904A]

Marine Mammals; File Nos. 226-1752, 116-1742, and878-1715

AGENCY:

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

ACTION:

Receipt of applications.

SUMMARY:

Notice is hereby given that the followingapplicants have applied in due form for permits to import marine mammalsfor purposes of public display: Theater of the Sea, 84721 OverseasHighway, Islamorada, Florida 33036 (File No. 226-1752) and Sea World,Inc., 7007 Sea World Drive, Orlando, Florida 32821 (File No.116-1742). In addition, notice is hereby given that Daniel F. Cowan,M.D., The University of Texas Medical Branch, Galveston, Texas77555-0555 (File No. 878-1715) has applied in due form for apermit to take parts from species of marine mammals for purposes ofscientific research.

DATES:

Written, telefaxed, or e-mail comments must bereceived on or before May 17, 2004.

ADDRESSES:

The application requests and relateddocuments are available for review upon written request or by appointmentin the following office(s):

Permits, Conservation and EducationDivision, Office of Protected Resources, NMFS, 1315 East-West Highway, Room13705, Silver Spring, MD 20910; phone (301)713-2289; fax(301)713-0376;

File No. 116-1742: Southwest Region,NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213;phone (562)980-4001; fax (562)980-4018; and

File Nos.226-1752 and 878-1715: Southeast Region, NMFS, 9721 ExecutiveCenter Drive North, St. Petersburg, FL 33702-2432; phone(727)570-5301; fax (727)570-5320.

Written comments orrequests for a public hearing on these requests should be submitted to theChief, Permits, Conservation and Education Division, F/PR1, Office ofProtected Resources, NMFS, 1315 East-West Highway, Room 13705, SilverSpring, MD 20910. Those individuals requesting a hearing should set forththe specific reasons why a hearing on this particular amendment requestwould be appropriate.

Comments may also be submitted by facsimile at(301)713-0376, provided the facsimile is confirmed by hard copysubmitted by mail and postmarked no later than the closing date of thecomment period.

Comments may also be submitted by e-mail. Themailbox address for providing email comments is NMFS.Pr1Comments@noaa.gov . Include in the subject lineof the e-mail comment the following document identifier: File No.226-1752, 116-1742, or 878-1715.

FOR FURTHER INFORMATION CONTACT:

Jennifer Skidmore,Jill Lewandowski, or Ruth Johnson,(301)713-2289.

SUPPLEMENTARY INFORMATION:

The subject permits arerequested under the authority of the Marine Mammal Protection Act of 1972,as amended (MMPA; 16 U.S.C. 1361 et seq. ), the RegulationsGoverning the Taking and Importing of Marine Mammals (50 CFR part 216), theFur Seal Act of 1966, as amended (16 U.S.C. 1151 et seq. ),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 CFR222-226).

File No. 226-1752: Theater of the Sea requests authorization toimport one male, adult bottlenose dolphin ( Tursiopstruncatus ) from West Edmonton Mall, Alberta, Canada to their facilityin Islamorada, Florida for the purpose of public display. The receivingfacility is: (1) open to the public on regularly scheduled basis withaccess that is not limited or restricted other than by charging for anadmission fee; (2) offers an educational program based on professionallyaccepted standards of the Alliance for Marine Mammal Parks and Aquariums;and (3) holds an Exhibitor's License, number 58-C-0182 , issuedby the U.S. Department of Agriculture under the Animal Welfare Act (7U.S.C. 2131-59).

File No. 116-1742: Sea World, Inc. requests authorization toimport one female, adult beluga whale ( Delphinapterusleucas ), identified as "Allua", from the Vancouver AquariumMarine Science Center, British Columbia, Canada to Sea World of Californiain San Diego, California. The applicant requests this import for thepurpose of public display. The receiving facility, Sea World ofCalifornia, 1720 South Shores Road, San Diego, California 92109 is: (1)open to the public on regularly scheduled basis with access that is notlimited or restricted other than by charging for an admission fee; (2)offers an educational program based on professionally accepted standards ofthe AZA and the Alliance for Marine Mammal Parks and Aquariums; and (3)holds an Exhibitor's License, number 93-C-069, issued by theU.S. Department of Agriculture under the Animal Welfare Act (7 U.S.C.2131-59).

In addition to determining whether these applicants meet the threepublic display criteria, NMFS must determine whether the applicants havedemonstrated that the proposed activity is humane and does not representany unnecessary risks to the health and welfare of marine mammals; that theproposed activity by itself, or in combination with other activities, willnot likely have a significant adverse impact on the species or stock; andthat the applicant's expertise, facilities and resources are adequate toaccomplish successfully the objectives and activities stated in theapplication.

File No. 878-1715: Dr. Cowan proposes to acquire, import andexport specimen samples (blood, tissue or body fluids) from all marinemammal species (pinnipeds and cetaceans) under NMFS jurisdiction. Anunlimited number of samples would be taken from the following: (1)stranded marine mammal carcasses; (2) other legally taken (collected) deadanimals, or (3) live stranded marine mammals as part of a program ofdiagnosis and rehabilitation of live stranded marine mammals. Importationand exportation are requested in order to provide specimens to theinternational scientific community for consultation of diagnosis. Theobjective of this permit is to utilize samples to determine the cause ofdisease or death or of stranding, leading to treatment, for example, in amass mortality event or of individuals from endangered stocks. Theapplicant has requested a 5-year permit.

In compliance with the National Environmental Policy Act of 1969 (42U.S.C. 4321 et seq. ), an initial determination has been madethat the activities proposed are categorically excluded from therequirement to prepare an environmental assessment or environmental impactstatement.

Concurrent with the publication of this notice in the FederalRegister , NMFS is forwarding copies of these applications to the MarineMammal Commission and its Committee of Scientific Advisors.

Dated: April 12, 2004.

Stephen L.Leathery,

Chief, Permits, Conservation and Education Division,Office of Protected Resources, National Marine FisheriesService.

[FR Doc. 04-8696 Filed4-15-04; 8:45 am]

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