[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Notices]
[Page 45796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23027]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 082197F]
Marine Mammals; Public Display Permit (PHF# 880-1426)
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 the Big Apple Circus, 35 West 35th
Street, New York, NY 10001, has applied in due form for a permit to
import two Patagonian sea lions (Otaria byronia), from Lipperswil,
Switzerland, for purposes of public display.
DATES: Written or telefaxed comments must be received on or before
September 29, 1997.
ADDRESSES: The application and related documents are available for
review upon written request or by appointment in the following offices:
Permits and Documentation Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room 13130, Silver Spring, MD 20910,
(301/713-2289); and
Regional Administrator, Northeast Region, NMFS, One Blackburn
Drive, Gloucester, MA 01930, (508/281-9250).
Written comments or requests for a public hearing on this
application, should be mailed to the Chief, Permits and Documentation
Division, F/PR1, Office of Protected Resources, 1315 East-West Highway,
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. The holding of such a hearing is at the
discretion of the Director, Office of Protected Resources.
Written 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 email or
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.
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).
The applicant requests authorization to import two male marine
mammals from Switzerland where the animals are currently maintained at
Conny-Land, a public display facility in Lipperswil, for exhibit with
the circus during its 1997-1998 season. During their 14-month stay in
the United States, the animals will be accompanied by their trainer,
Roberto Gasser of Conny-Land. When the sea lions are not traveling with
the circus, they will be maintained at the applicant's new facility in
Walden, NY. At the conclusion of the tour, the animals will be re-
exported to Conny-Land.
The applicant has an exhibitor's license, No. 21-C-0061, from the
U.S. Department of Agriculture's Animal and Plant Health Inspection
Service (APHIS) under the Animal Welfare Act (AWA), and plans have been
submitted to APHIS for a new facility, to be completed in August 1997,
at 39 Edmunds Lane, Walden, New York 12586. The new facility must also
meet APHIS standards. As any issues relating to the care and
maintenance of captive marine mammals are within the purview of APHIS,
under the AWA, a copy of the application is also being sent to APHIS
for review.
Each exhibitition will be open to the public on a regularly
scheduled basis with access that is not limited or restricted other
than by charging an admission fee and will offer an educational program
based upon the standards of both the AZA and the Alliance.
In addition to determining whether the applicant meets the public
display criteria provided in sec. 104 (2)(a)(i-iii) of the MMPA, NMFS
must determine whether the applicant has demonstrated that the proposed
activity is humane and does not present any unnecessary risks to the
health and welfare of marine mammals; that the proposed activity by
itself or in combination with other activities, will not likely have a
significant adverse impact on the species or stock; and that the
applicant's expertise, facilities, and resources are adequate to
accomplish successfully the objectives and activities stated in the
application.
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.
Dated: August 22, 1997.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 97-23027 Filed 8-28-97; 8:45 am]
BILLING CODE 3510-22-F