[Federal Register Volume 69, Number 202 (Wednesday, October 20, 2004)]
[Notices]
[Page 61656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-23485]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 092704A]


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 
(LOA) 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 15, 2004, to the University of 
California San Diego, Scripps Institution of Oceanography (Scripps).

DATES: This authorization is effective from October 15, 2004, through 
October 14, 2005.

ADDRESSES: The application and LOA are available for review in the 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, NMFS, (301) 713-
2289, ext 128.

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 LOA 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 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 15, 2004.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 04-23485 Filed 10-19-04; 8:45 am]
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