Marine Mammals; File Nos. 14451, 14353, and 13846, 2955-2956 [2013-00612]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Pages 2955-2956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00612]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648- XX69


Marine Mammals; File Nos. 14451, 14353, and 13846

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

ACTION: Notice; receipt of applications for permit amendments.

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SUMMARY: Notice is hereby given that Joseph Mobley, Jr., University of 
Hawaii at Manoa, 2528 McCarthy Mall, Honolulu, HI 96816; Ann Zoidis, 
Cetos Research Organization, 33 Echo Ave., Suite 5, Oakland, CA 94611; 
and Jim Darling, Ph.D., Whale Trust, P.O. Box 384, Tofino, BC V0R2Z0, 
Canada, have applied for amendments to Scientific Research Permit Nos. 
14451, 14353, and 13846, respectively.

DATES: Written, telefaxed, or email comments must be received on or 
before February 14, 2013.

ADDRESSES: The application and related documents are available for 
review by selecting ``Records Open for Public Comment'' from the 
Features box on the Applications and Permits for Protected Species home 
page, https://apps.nmfs.noaa.gov, and then selecting the appropriate 
File No. from the list of available applications.
    These documents are also available upon written request or by 
appointment in the following offices:
    Permits and Conservation Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; 
phone (301) 427-8401; fax (301) 713-0376; and
    Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, 
Honolulu, HI 96814-4700; phone (808) 944-2200; fax (808) 973-2941.
    Written comments on this application should be submitted to the 
Chief, Permits and Conservation Division, at the address listed above. 
Comments may also be submitted by facsimile to (301) 713-0376, or by 
email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the 
subject line of the email comment.
    Those individuals requesting a public hearing should submit a 
written request to the Chief, Permits and Conservation Division at the 
address listed above. The request should set forth the specific reasons 
why a hearing on this application would be appropriate.

FOR FURTHER INFORMATION CONTACT: Kristy Beard or Carrie Hubard, (301) 
427-8401.

SUPPLEMENTARY INFORMATION: The subject amendments are 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).
    Permit No. 14451, issued on July 14, 2010 (75 FR 43151), authorizes 
the permit holder, Joseph Mobley, Jr., to study cetaceans off the east 
and west coast of the United States, Hawaii, Alaska, Guam, and the 
Mariana Islands. Researchers target numerous cetacean species including 
endangered blue whales (Balaenoptera musculus), fin whales (B. 
physalus), humpback whales (Megaptera novaeangliae), sei whales

[[Page 2956]]

(B. borealis), and sperm whales (Physeter macrocephalus), during aerial 
and vessel surveys for photo-identification, videography, and 
behavioral observations. The permit includes authorization under the 
MMPA to take 205 false killer whales (Pseudorca crassidens) in Pacific 
waters off of Hawaii. Insular Hawaiian false killer whales were listed 
as endangered under the ESA in November 2012; therefore, the permit 
holder now requires authorization under the ESA to take Insular 
Hawaiian false killer whales. The permit holder is requesting the 
permit be amended to allocate 180 of the false killer whale takes 
currently authorized under the MMPA to Insular Hawaiian false killer 
whales.
    Permit No. 14353, issued on July 14, 2010 (75 FR 43151), authorizes 
the permit holder, Ann Zoidis, Cetos Research Organization, 33 Echo 
Ave., Suite 5, Oakland, CA 94611, to conduct scientific research on 
humpback and minke (B. acutorostrata) whales in Hawaiian waters. 
Research occurs annually from January through March. Humpback whale 
research is focused in the Au'au Channel near Maui. Research activities 
include photo-identification, behavioral observations, passive acoustic 
recording, and underwater photo/videography. Suction cup tags are 
deployed on humpback whales. Minke whales are approached for photo-
identification anywhere within the main Hawaiian islands. The permit 
includes authorization under the MMPA for the incidental harassment of 
up to 1,000 false killer whales during activities in Pacific waters off 
of Hawaii. Insular Hawaiian false killer whales were listed as 
endangered under the ESA in November 2012; therefore, the permit holder 
now requires authorization under the ESA to take Insular Hawaiian false 
killer whales. The permit holder is requesting the permit be amended to 
include ESA authorization for the incidental harassment of Insular 
Hawaiian false killer whales and to expand the geographic area 
throughout the Hawaiian Islands, including the Northwestern Hawaiian 
Islands (NWHI) chain.
    Permit No. 13846, issued on July 14, 2010 (75 FR 43151), authorizes 
the permit holder, Jim Darling, Ph.D., Whale Trust, P.O. Box 384, 
Tofino, BC V0R2Z0, Canada, to study humpback whales in Hawaii 
(primarily off west Maui) and humpback and Eastern gray (Eschrichtius 
robustus) whales along the coastlines of Washington and Alaska. 
Researchers may conduct photo-identification, passive acoustic 
recording, behavioral observation (by vessel, underwater and aerial), 
videorecording, collection of sloughed skin, photogrammetry, biopsy 
sampling, playback experiments, and/or suction cup and implant tagging 
of target whales. The permit includes authorization under the MMPA for 
the incidental harassment of up to 150 false killer whales during 
playback experiments in Pacific waters off Hawaii. Insular Hawaiian 
false killer whales were listed as endangered under the ESA in November 
2012; therefore, the permit holder now requires authorization under the 
ESA to take Insular Hawaiian false killer whales. The permit holder is 
requesting the permit be amended to include ESA authorization for the 
incidental harassment of Insular Hawaiian false killer whales.
    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 activities proposed are consistent with the Proposed Action 
Alternative in the Environmental Assessment for the Issuance of 
Scientific Research Permits for Research on Humpback Whales and Other 
Cetaceans (NMFS 2010). Based on the analyses in the EA, NMFS determined 
that issuance of the permits would not significantly impact the quality 
of the human environment and that preparation of an environmental 
impact statement was not required. That determination is documented in 
a Finding of No Significant Impact (FONSI), signed on July 14, 2010. 
The EA and FONSI are available upon request.

P. Michael Payne,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2013-00612 Filed 1-14-13; 8:45 am]
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