# Marine Mammals; File No. 1013-1648
**AGENCY:**
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
**ACTION:**
Receipt of application.
**SUMMARY:**
Notice is hereby given that Dr. Patricia E. Mascarelli, Carribean Center for Marine Studies, P.O. Box 3197, Lajas, PR 00667, has applied in due form for a permit to take humpback whales ( *Megaptera novaeangliae* ) for purposes of scientific research.
**DATES:**
Written or telefaxed comments must be received on or before December 14, 2001.
**ADDRESSES:**
The application and related documents are available for review upon written request or by appointment in the following office(s):
Permits and Documentation 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
Southeast Region, NMFS, 9721 Executive Center Drive North, St. Petersburg, FL 33702-2432; phone (727) 570-5301; fax (727) 570-5320.
**FOR FURTHER INFORMATION CONTACT:**
Tammy Adams or Ruth Johnson, (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* .), the Regulations Governing the Taking and Importing of Marine Mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 *et seq* .), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226).
The applicant proposes to harass humpback whales in Puerto Rican waters for purposes of photo-identification, passive acoustic recordings, and behavioral observations. Sloughed skin samples will also be collected for genetic analyses. The purpose of the study is to collect data on population abundance, distribution, and habitat use for management purposes. Spinner dolphins ( *Stenella longirostris* ) and bottlenose dolphins ( *Tursiops truncatus* ) may be incidentally harassed during the research.
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 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: November 7, 2001.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected Resources, National Marine Fisheries Service.