[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Notices]
[Page 33217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA756


Marine Mammals; File No. 15537

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

ACTION: Notice; issuance of permit amendment.

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SUMMARY: Notice is hereby given that an amendment to Permit No. 15537 
has been issued to Institute for Marine Mammal Studies (IMMS), P.O. Box 
207, Gulfport, MS 39502 (Dr. Moby Solangi, Responsible Party).

ADDRESSES: The permit amendment and related documents are available for 
review upon written request or by appointment in the 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.

FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Amy Sloan, (301) 
427-8401.

SUPPLEMENTARY INFORMATION: On June 30, 2015, notice was published in 
the Federal Register (80 FR 37235) that NMFS was considering an 
amendment to Permit No. 15337 in response to a court decision to remand 
this permit to NMFS for reconsideration. The requested permit amendment 
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).
    Permit No. 15537 was issued on October 5, 2011 authorizing the 
acquisition of up to eight stranded, releasable California sea lions 
(Zalophus californianus) from the NMFS Marine Mammal Health and 
Stranding Response Program for the purposes of public display. After 
NMFS issued the permit, IMMS challenged the provisions of the permit in 
U.S. District Court. As described in the Court's opinion, the Court 
remanded the permit to NMFS for reconsideration. IMMS v. NMFS, No. 
1:11CV318-LG-JMR (S.D.Miss. 2014). NMFS has amended the permit to 
remove Permit Condition B.3 and change Permit Condition B.2 to state 
the following:

    Condition B.2.: This permit does not guarantee that the Permit 
Holder will be able to obtain any releasable sea lions from 
rehabilitation facilities, and does not require NMFS to direct or 
make arrangements for any rehabilitation facilities to provide the 
Permit Holder with releasable sea lions. Final decisions with 
respect to the use of rehabilitated marine mammals for public 
display purposes in lieu of take from the wild are at the ultimate 
discretion of the Office Director in accordance with 50 CFR 
216.27(b)(4).

    In addition, NMFS has extended the permit for one additional year, 
to expire on October 5, 2017.
    In compliance with the National Environmental Policy Act of 1969 
(NEPA; 42 U.S.C. 4321 et seq.), NMFS has determined that the activities 
proposed are consistent with those analyzed in the environmental 
assessment (EA) for issuance of Permit No. 15537, and no additional 
NEPA analysis is necessary as the minor changes in the proposed 
amendment will not change the effects to the human environment in a 
manner not previously considered. Based on the analyses in the EA, NMFS 
determined that the activities proposed would not significantly impact 
the quality of the human environment and that preparation of an 
environmental impact statement was not required. That determination is 
documented in a Finding of No Significant Impact.

    Dated: May 19, 2016.
Julia Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2016-12287 Filed 5-24-16; 8:45 am]
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