[Federal Register: December 27, 2001 (Volume 66, Number 248)]
[Notices]               
[Page 66888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de01-64]                         


[[Page 66888]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 121801F]

 
Marine Mammals; File No. 1019-1657

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

ACTION: Receipt of application.

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SUMMARY: Notice is hereby given that Daniel J. Cox, Natural Exposures, 
16595 Brackett Creek Road, Bozeman, Montana 59715 has applied in due 
form for a permit to take Northern elephant seals (Mirounga 
angustirostris) for purposes of commercial/educational photography.

DATES: Written or telefaxed comments must be received on or before 
January 28, 2002.

ADDRESSES: The application and related documents are available for 
review 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
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562) 980-4001; fax (562) 980-4018.

FOR FURTHER INFORMATION CONTACT: Lynne Barre or Jill Lewandowski, (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.) and the Regulations Governing the Taking 
and Importing of Marine Mammals (50 CFR part 216). Section 104 (c)(6) 
of the MMPA provides for photography permits for educational or 
commercial purposes involving non-endangered and non-threatened marine 
mammals in the wild. NMFS is currently working on proposed regulations 
to implement this provision. However, in the meantime, NMFS has 
received and is processing this request as a ``pilot'' application for 
Level B Harassment of non-listed marine mammals for photographic 
purposes.
    The applicant proposes to take up to 60 Northern elephant seals by 
close approach during still photography activities for a National 
Geographic Magazine Photo Essay. Photography is proposed along the 
coast of California including San Simeon, Piedras Blancas, Ano Nuevo 
State Reserve, Point Reyes National Seashore and the Farallones and 
Channel Islands and will take place during January and February of 2002 
and in January and February of 2003 as well if additional photos are 
needed.
    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.
    Written comments or requests for a public hearing on this 
application should be mailed to the Chief, Permits, Conservation and 
Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 
East-West Highway, Room 13705, Silver Spring, MD 20910. Those 
individuals requesting a hearing should set forth the specific reasons 
why a hearing on this particular request would be appropriate.
    Comments may also be submitted by facsimile at (301) 713-0376, 
provided the facsimile is confirmed by hard copy submitted by mail and 
postmarked no later than the closing date of the comment period. Please 
note that comments will not be accepted by e-mail or by other 
electronic media.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of this application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: December 19, 2001.
Ann D. Terbush,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 01-31833 Filed 12-26-01; 8:45 am]
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