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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

DOCUMENT ID: [I.D. 121801F]

NOTICE: NOTICES

ACTION: Permits:

DOCUMENT ACTION: Receipt of application.

SUBJECT CATEGORY: Marine Mammals; File No. 1019-1657

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

DOCUMENT 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.

SUMMARY: Marine mammals,


SUPPLEMENTAL 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 nonendangered and nonthreatened 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 nonlisted 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 EastWest 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) 7130376, 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 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. 0131833 Filed 122601; 8:45 am] BILLING CODE 351022S

FOR FURTHER INFORMATION CONTACT Lynne Barre or Jill Lewandowski, (301) 7132289.


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