Marine Mammals; File No. 26778, 61574 [2022-22090]

Download as PDF 61574 Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Notices TABLE 1—ISSUED PERMITS AND PERMIT AMENDMENTS—Continued RTID Applicant 26667 ......... 0648–XC179 ................. 26678 ......... 0648–XC256 ................. 26708 ......... 0648–XC255 ................. North Slope Borough Department of Wildlife Management (Taqulik Hepa, Responsible Party), P.O. Box 69, Barrow, AK 99723. Matson Laboratory (Carolyn Nistler, Responsible Party), 135 Wooden Shoe Lane, Manhattan, MT 59741. Chicago Zoological Society (Michael J. Adkesson, D.V.M., Responsible Party), 3300 South Golf Road, Brookfield, Illinois 60513. 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 categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. As required by the ESA, as applicable, issuance of these permit 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. Authority: The requested permits have been issued under the MMPA 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 ESA of 1973, as amended (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), as applicable. Dated: October 5, 2022. Julia M. Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2022–22089 Filed 10–11–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC451] Marine Mammals; File No. 26778 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: jspears on DSK121TN23PROD with NOTICES Previous Federal Register notice Permit No. Notice is hereby given that Wildstar Films Ltd., Embassy House, Queens Avenue, Bristol, BS8 1SB, UK SUMMARY: VerDate Sep<11>2014 18:37 Oct 11, 2022 Jkt 259001 87 FR 43499; July 21, 2022. September 20, 2022. 87 FR 48649; August 10, 2022. September 27, 2022. 87 FR 49808; August 12, 2022. September 28, 2022. (Responsible Party: Jennie Hammond), has applied in due form for a permit to conduct commercial or educational photography on humpback whales (Megaptera novaeangliae; Hawaii distinct population segment). DATES: Written, telefaxed, or email comments must be received on or before November 14, 2022. ADDRESSES: These documents are available upon written request via email to NMFS.Pr1Comments@noaa.gov. Written comments on this application should be submitted via email to NMFS.Pr1Comments@noaa.gov. Please include File No. 26778 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request via email to NMFS.Pr1Comments@ noaa.gov. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Amy Hapeman or Erin Markin, Ph.D., (301) 427–8401. 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). The applicant proposes to film up to 1,520 humpback whales annually in Hawaiian waters for a natural history series in production for National Geographic and Disney+. The applicant seeks to collect footage of humpback male singers, heat runs, and intimate moments between adult females and their calves. Filming would occur topside from two boats, underwater with a polecam or divers, and aerially using an unmanned aircraft system. Up to 150 bottlenose dolphins (Tursiops truncatus), 100 melon-headed whales (Peponocephala electra), and 100 shortfinned pilot whales (Globicephala macrorhynchus), 150 spinner dolphins (Stenella longirostris), and 150 spotted dolphins (S. attenuata) would be PO 00000 Frm 00016 Fmt 4703 Sfmt 9990 Issuance date unintentionally harassed and filmed annually if they are in the vicinity of whales. The applicant is requesting the permit be valid until December 31, 2024. It has come to the agency’s attention that the 2016 interim final humpback approach rule (50 CFR 216.19; 81 FR 62010, September 8, 2016) does not explicitly exempt permits issued under section 104(c)(6) of the MMPA from its prohibitions. It is not the agency’s intent to preclude the issuance of permits or authorizations consistent with the requirements of the MMPA. We interpret the rule to allow issuance of these permits. Consistent with this interpretation, it has been our practice to continue to issue section 104(c)(6) permits that are in compliance with the MMPA’s requirements and our review procedures. However, to eliminate any potential ambiguity, we intend to revise the rule to explicitly clarify that photography permits issued under section 104(c)(6) of the MMPA are exempt from the prohibitions on approach. 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 the application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: October 5, 2022. Julia M. Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2022–22090 Filed 10–11–22; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\12OCN1.SGM 12OCN1

Agencies

[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Page 61574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22090]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC451]


Marine Mammals; File No. 26778

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

ACTION: Notice; receipt of application.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that Wildstar Films Ltd., Embassy 
House, Queens Avenue, Bristol, BS8 1SB, UK (Responsible Party: Jennie 
Hammond), has applied in due form for a permit to conduct commercial or 
educational photography on humpback whales (Megaptera novaeangliae; 
Hawaii distinct population segment).

DATES: Written, telefaxed, or email comments must be received on or 
before November 14, 2022.

ADDRESSES: These documents are available upon written request via email 
to [email protected].
    Written comments on this application should be submitted via email 
to [email protected]. Please include File No. 26778 in the 
subject line of the email comment.
    Those individuals requesting a public hearing should submit a 
written request via email to [email protected]. The request 
should set forth the specific reasons why a hearing on this application 
would be appropriate.

FOR FURTHER INFORMATION CONTACT: Amy Hapeman or Erin Markin, Ph.D., 
(301) 427-8401.

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).
    The applicant proposes to film up to 1,520 humpback whales annually 
in Hawaiian waters for a natural history series in production for 
National Geographic and Disney+. The applicant seeks to collect footage 
of humpback male singers, heat runs, and intimate moments between adult 
females and their calves. Filming would occur topside from two boats, 
underwater with a polecam or divers, and aerially using an unmanned 
aircraft system. Up to 150 bottlenose dolphins (Tursiops truncatus), 
100 melon-headed whales (Peponocephala electra), and 100 short-finned 
pilot whales (Globicephala macrorhynchus), 150 spinner dolphins 
(Stenella longirostris), and 150 spotted dolphins (S. attenuata) would 
be unintentionally harassed and filmed annually if they are in the 
vicinity of whales. The applicant is requesting the permit be valid 
until December 31, 2024.
    It has come to the agency's attention that the 2016 interim final 
humpback approach rule (50 CFR 216.19; 81 FR 62010, September 8, 2016) 
does not explicitly exempt permits issued under section 104(c)(6) of 
the MMPA from its prohibitions. It is not the agency's intent to 
preclude the issuance of permits or authorizations consistent with the 
requirements of the MMPA. We interpret the rule to allow issuance of 
these permits. Consistent with this interpretation, it has been our 
practice to continue to issue section 104(c)(6) permits that are in 
compliance with the MMPA's requirements and our review procedures. 
However, to eliminate any potential ambiguity, we intend to revise the 
rule to explicitly clarify that photography permits issued under 
section 104(c)(6) of the MMPA are exempt from the prohibitions on 
approach.
    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 the application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: October 5, 2022.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2022-22090 Filed 10-11-22; 8:45 am]
BILLING CODE 3510-22-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.