Marine Mammals; Photography Permit (File No. 954-1517)

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 091499C]

Marine Mammals; Photography Permit (File No. 954-1517)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Receipt of application.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that Mr. Michael Kundu, Project

SeaWolf/Arcturus Adventure Communications, P.O. Box 987, Marysville, WA

98270-0987, has applied in due form for a permit to take several

species of marine mammals for purposes of commercial photography.

DATES: Written comments must be received on or before October 27, 1999.

ADDRESSES: The application and related documents are available for

review upon written request or by appointment in the following

office(s):

Permits Division, Office of Protected Resources, NMFS, 1315 East-

West Highway, Room 13130, Silver Spring, MD 20910 (301/713-2289);

Regional Administrator, Alaska Region, NMFS, 709 W 9th

Street, Federal Building, Room 461, P.O. Box 21668, Juneau, AK 99802

(907-586-7235);

Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way

NE, Bin C15700, Building 1, Seattle, WA 98115-0070 (206-526-6150); and

Regional Administrator, Southwest Region, NMFS, 501West Ocean

Blvd., Suite 4200, Long Beach, CA 90802-4213 (562-980-4015).

SUPPLEMENTARY INFORMATION: The subject permit is requested under the

authority of Sec. 104(c)(6) 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). Section

104(c)(6) provides for photography for educational or commercial

purposes involving non-endangered and non-threatened 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 non-listed and non-depleted marine mammals for

photographic purposes.

The applicant seeks authorization to inadvertently harass up to: 89

killer whales (Orcinus orca); 20 Dall's porpoise (Phocoenoides dalli);

5 harbor porpoise (Phocoena phocoena); 30 gray whales (Eschrichtius

robustus); 10 minke whales (Balaenoptera acutorostrata); 25 harbor

seals (Phoca vitulina); 2 elephant seals (Mirounga angustirostris); and

50 California sea lions (Zalophus californianus) during the course of

filming activities in Alaska, Washington, and California waters, over a

1-year period. In accordance with the October 13, 1997, Memorandum of

Agreement between NOAA and the Makah Tribe, no permit issued will

authorize photography activities involving gray whales in Washington

state waters until NMFS has completed consultation with the Makah

Tribal Council.

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, NMFS, 1315 East-West

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) 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 e-mail 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: September 21, 1999.

Ann D. Terbush,

Chief, Permits and Documentation Division, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 99-25069 Filed 9-27-99; 8:45 am]

BILLING CODE 3510-22-F