# Marine Mammals; File No. 978-1791
**AGENCY:**
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
**ACTION:**
Notice; issuance of permit.
**SUMMARY:**
Notice is hereby given that Paul E. Nachtigall, Ph.D., Marine Mammal Research Program, Hawaii Institute of Marine Biology, P.O. Box 1106, Kailua, Hawaii 96734, has been issued a permit to conduct research on certain cetacean species.
**ADDRESSES:**
The permit 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)427-2521; and
Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, Honolulu, HI 96814-4700; phone (808)973-2935; fax (808)973-2941.
**FOR FURTHER INFORMATION CONTACT:**
Andrew Wright or Amy Sloan, (301)713-2289.
**SUPPLEMENTARY INFORMATION:**
On May 19, 2005, notice was published in the *Federal Register* (70 FR 28909) that a request for a scientific research permit to take certain cetacean species had been submitted by the above-named individual. The requested permit has been issued under the authority 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), 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 parts 222-226).
This permit authorizes the permit holder to conduct hearing measurements on stranded cetaceans on beaches, in near-shore waters, and in rehabilitation facilities in the U.S.
In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.
Issuance of this permit, as required by the ESA, was based on a finding that such permit: (1) was applied for in good faith; (2) will not operate to the disadvantage of such endangered species; and (3) is consistent with the purposes and policies set forth in section 2 of the ESA.
Dated: February 9, 2006.
Stephen L. Leathery,
Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service.