[Federal Register: October 10, 2003 (Volume 68, Number 197)]
[Notices]
[Page 58662]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc03-44]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 092603A]
Incidental Take of Marine Mammals; Taking of Marine Mammals
Incidental to Operation of a Low Frequency Sound Source by the North
Pacific Acoustic Laboratory
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of a letter of authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, notification is hereby given that a letter of authorization to
take several species of marine mammals incidental to operation of a low
frequency sound source by the North Pacific Acoustic Laboratory (NPAL)
was issued on October 3, 2003, to the University of California San
Diego, Scripps Institution of Oceanography (Scripps).
DATES: This letter of authorization is effective from October 3, 2003,
through October 2, 2004.
ADDRESSES: The application and letter is available for review in the
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Kimberly Skrupky, NMFS, (301) 713-
2322, ext 163.
SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C.
1361 et seq.) directs NMFS to allow, on request, the incidental, but
not intentional, taking of small numbers of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region, if certain findings
are made by NMFS and regulations are issued. Under the MMPA, the term
``taking'' means to harass, hunt, capture, or kill or to attempt to
harass, hunt, capture or kill marine mammals.
Permission may be granted for periods up to 5 years if NMFS finds,
after notification and opportunity for public comment, that the taking
will have a negligible impact on the species or stock(s) of marine
mammals and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses. In
addition, NMFS must prescribe regulations that include permissible
methods of taking and other means effecting the least practicable
adverse impact on the species and its habitat and on the availability
of the species for subsistence uses, paying particular attention to
rookeries, mating grounds, and areas of similar significance. The
regulations must include requirements pertaining to the monitoring and
reporting of such taking. Regulations governing the taking incidental
to operation of a low frequency sound source by NPAL, were published on
August 17, 2001 (66 FR 43442), and remain in effect until September 17,
2006.
Issuance of the letter of authorization to Scripps is based on
findings made in the preamble to the final rule that the total takings
by this project would result in only small numbers (as the term is
defined in 50 CFR 216.103) of marine mammals being taken. In addition,
the resultant incidental harassment would have no more than a
negligible impact on the affected marine mammal stocks or habitats and
would not have an unmitigable adverse impact on Arctic subsistence uses
of marine mammals. NMFS also finds that the applicant will meet the
requirements contained in the implementing regulations and Letter of
Authorization (LOA), including monitoring and reporting requirements.
This LOA will be renewed annually based on a review of the activity,
completion of monitoring requirements and receipt of reports required
by the LOA.
Dated: October 3, 2003.
Laurie K. Allen,
Acting Office Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 03-25818 Filed 10-9-03; 8:45 am]
BILLING CODE 3510-22-S