[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38457-38458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16193]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XX14


Marine Mammals; File No. 15511

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

ACTION:  Notice; receipt of application.

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SUMMARY:  Notice is hereby given that SeaWorld, LLC., 9205 South Center 
Loop, Suite 400 Orlando, FL 32819, has applied in due form for a permit 
to import one short-finned pilot whale (Globicephala macrorhynchus) for 
public display.

DATES:  Written, telefaxed, or e-mail comments must be received on or 
before August 2, 2010.

ADDRESSES:  The application and related documents are available for 
review upon written request or by appointment in the following 
office(s):
    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) 713-0376; 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 these 
applications should be submitted to the Chief, Permits, Conservation 
and Education Division, at the address listed above. Comments may also 
be submitted by facsimile to (301) 713-0376, or by email to 
[email protected]. Please include File No. 15511 in the subject 
line of the email comment. Those individuals requesting a hearing 
should set forth the specific reasons why a hearing on this particular 
request would be appropriate.

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 
(MMPA; 16 U.S.C. 1361 et seq.), and the regulations governing the 
taking and importing of marine mammals (50 CFR part 216).
    SeaWorld, LLC. requests authorization to import one male short-
finned pilot whale to SeaWorld California for the purpose of public 
display. This animal was rescued by the Southern Caribbean Cetacean 
Network in Curacao, Netherlands Antilles, and was imported to SeaWorld 
California on January 4, 2010, under Cooperative Agreement No. 2009-02. 
The animal has been determined to be non-releaseable to the wild and 
will be maintained at SeaWorld California for public display. SeaWorld 
California: (1) is open to the public on a 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 Alliance of 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. Sec. Sec.  2131 - 59).
    In addition to determining whether the applicant meets the three 
public display criteria, NMFS must determine whether the applicant has 
demonstrated

[[Page 38458]]

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 applications.
    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: June 28, 2010.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-16193 Filed 7-1-10; 8:45 am]
BILLING CODE 3510-22-S