Marine Mammals; File Nos. 14451, 14353, and 13846, 30872 [2013-12278]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Page 30872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12278]



[[Page 30872]]

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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; issuance of permit amendments.

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SUMMARY: Notice is hereby given that major permit amendments have been 
issued to Joseph Mobley, Jr., University of Hawaii at Manoa, 2528 
McCarthy Mall, Honolulu, HI 96816; Ann Zoidis, Cetos Research 
Organization, 11 Des Isle Ave Bar Harbor, ME 04609; and Jim Darling, 
Ph.D., Whale Trust, P.O. Box 384, Tofino, BC V0R2Z0, Canada, for 
Scientific Research Permit Nos. 14451, 14353, and 13846, respectively.

ADDRESSES: The permit amendments and related documents are available 
for review 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.

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

SUPPLEMENTARY INFORMATION: On January 15, 2013, notice was published in 
the Federal Register (78 FR 2955) that the subject amendment requests 
had been submitted by the above-named applicants. The requested permit 
amendments have 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).
    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 (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 amendment, Permit No. 14451-01, authorizes 
180 of the false killer whale takes previously authorized by the permit 
to be takes of Insular Hawaiian false killer whales under the ESA.
    Permit No. 14353, issued on July 14, 2010 (75 FR 43151), authorizes 
the permit holder, Ann Zoidis, 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 amendment, Permit No. 14353-01, authorizes 
the incidental harassment of Insular Hawaiian false killer whales under 
the ESA and expands the geographic area throughout the Hawaiian 
Islands, including the Northwestern Hawaiian Islands chain.
    Permit No. 13846, issued on July 14, 2010 (75 FR 43151), authorizes 
the permit holder, Jim Darling, Ph.D., 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 amendment, 
Permit No. 13846-02, authorizes the incidental harassment of Insular 
Hawaiian false killer whales under the ESA.
    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 
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 May 9, 2013. The EA and FONSI are 
available upon request.
    As required by the ESA, issuance of these permits was based on a 
finding that such permits: (1) Were applied for in good faith; (2) will 
not operate to the disadvantage of such endangered species; and (3) are 
consistent with the purposes and policies set forth in section 2 of the 
ESA.

    Dated: May 20, 2013.
P. Michael Payne,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2013-12278 Filed 5-22-13; 8:45 am]
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