[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Notices]
[Pages 61397-61398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24596]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XL19


Marine Mammals; File No. 13614

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

ACTION: Notice; receipt of application.

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

SUMMARY: Notice is hereby given that Sea World, Inc., 9205 South Park 
Circle, Suite 400, Orlando, FL 32819, has applied in due form for a 
permit to import one pilot whale (Globicephala melas) for the purposes 
of public display.

DATES: Written or telefaxed comments must be received on or before 
November 17, 2008.

ADDRESSES: The application and related documents are available for 
review upon written request or by appointment in the following offices:
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301) 713-2289; fax (301) 427-2521; and
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562)980-4001; fax (562)980-4018.
    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 
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)427-2521, 
provided the facsimile is confirmed by hard copy

[[Page 61398]]

submitted by mail and postmarked no later than the closing date of the 
comment period.
    Comments may also be submitted by e-mail. The mailbox address for 
providing e-mail comments is [email protected]. Include in the 
subject line of the e-mail comment the following document identifier: 
File No. 13614.

FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Kristy Beard, 
(301)713-2289.

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority of the Marine Mammal Protection Act of 1972, as amended (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 one male pilot whale 
from the Lisbon Zoo (Jardim Zool[oacute]gico de Lisboa), Estrada de 
Benfica, 158 - 160, 1549 - 004, Lisboa, Portugal to Sea World of 
California. The applicant requests this import for the purpose of 
public display. The receiving facility, Sea World of California, 1720 
South Shores Road, San Diego, CA 92109-7995 is: (1) open to the public 
on regularly scheduled basis with access that is not limited or 
restricted other than by charging for an admission fee; (2) offers an 
educational program based on professionally accepted standards of the 
AZA and the Alliance for Marine Mammal Parks and Aquariums; and (3) 
holds an Exhibitor's License, number 93-C-0069, issued by the U.S. 
Department of Agriculture under the Animal Welfare Act (7 U.S.C. 2131 - 
59).
    In addition to determining whether the applicant meets the three 
public display criteria, NMFS must determine whether the applicant has 
demonstrated that the proposed activity is humane and does not 
represent 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.
    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: October 10, 2008.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E8-24596 Filed 10-15-08; 8:45 am]
BILLING CODE 3510-22-S