Marine Mammals; File No. 26727, 67677-67678 [2022-24481]

Download as PDF Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC488] Magnuson-Stevens Fishery Conservation and Management Act; Atlantic Coastal Fisheries Cooperative Management Act Provisions National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meetings and request for comments. AGENCY: NMFS will hold one virtual hearing and accept written comment regarding an action to implement Presidential Proclamations 9496 and 10287, establishing the Northeast Canyons and Seamounts Marine National Monument. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act require publication of this notice to provide interested parties the opportunity to comment on this upcoming fishery management plan amendment. DATES: The virtual hearing will be held on November 16, 2022. See SUPPLEMENTARY INFORMATION for details, including the dates and times for the hearing. Written comments must be received on or before November 30, 2022. ADDRESSES: You may submit written comments by the following method: • Email: laura.deighan@noaa.gov. Include in the subject line ‘‘Comments on Monument Amendment.’’ FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management Specialist, 978–281–9184, laura.deighan@noaa.gov. SUPPLEMENTARY INFORMATION: On September 15, 2016, the Northeast Canyons and Seamounts Marine National Monument was designated for waters of the North Atlantic (Presidential Proclamation 9496; 81 FR 65161, September 21, 2016). This Proclamation prohibited commercial fishing within the monument, with a 7year exemption for the American lobster and Atlantic deep-sea red crab fisheries. In June 2020, monument prohibitions were revised via Proclamation 10049 (85 FR 35793, June 11, 2020) removing commercial fishing from the list of prohibited activities set forth in the 2016 Proclamation. Most recently, in October 2021, Proclamation 10287 (86 FR 57349, October 15, 2021) again khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:09 Nov 08, 2022 Jkt 259001 modified the activities allowed within the monument. This 2021 proclamation restored commercial fishing to the list of prohibited activities, providing ‘‘for the prohibition of all commercial fishing in the monument, except for red crab and American lobster commercial fishing, which may be permitted until September 15, 2023.’’ NOAA Fisheries will hold one virtual public hearing and accept written comments regarding an action intended to incorporate the monument area and commercial fishing prohibition into the region’s fishery management plans and fishery regulations. A public hearing document with additional details can be found on the NOAA website at https:// www.fisheries.noaa.gov/event/publichearing-development-northeastcanyons-and-seamounts-marinenational-monument-omnibus. Information on the virtual hearing is below: Wednesday, November 16, 2022, 3 p.m. ET. You can connect to the hearing using this website: https://attendee. gotowebinar.com/register/ 2004798251740374797. Written comments will be accepted at the hearings or via the submission methods described above, by November 30, 2022. Authority: 16 U.S.C. 1801 et seq. Dated: November 3, 2022. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–24409 Filed 11–8–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC534] Marine Mammals; File No. 26727 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that Aaron Lynton, 986 Kupulau Drive, Kihei, HI 96853, has applied in due form for a permit to conduct commercial and educational photography on humpback whales (Megaptera novaeangliae). SUMMARY: Written, telefaxed, or email comments must be received on or before December 9, 2022. DATES: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 67677 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. 26727 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: Erin Markin or Carrie Hubard, (301) 427– 8401. ADDRESSES: 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 humpback whales in the waters off the coast of Maui for a documentary on their social interactions and behaviors in Hawaiian waters. The applicant would film and observe up to 400 adult/ juvenile humpback whales and 75 humpback whale calves annually topside from a vessel, using an unmanned aircraft system (UAS), or underwater by diving. Up to 60 Hawaiian spinner dolphins (Stenella longirostris), 300 short-finned pilot whales (Globicephala macrorhynchus), and 120 bottlenose dolphins (Tursiops truncatus) annually may be harassed and opportunistically filmed if in the vicinity of the target species. The permit would be valid through May 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. SUPPLEMENTARY INFORMATION: E:\FR\FM\09NON1.SGM 09NON1 67678 Federal Register / Vol. 87, No. 216 / Wednesday, November 9, 2022 / Notices 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: November 4, 2022. Julia M. Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2022–24481 Filed 11–8–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Western Pacific Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: The Western Pacific Fishery Management Council (Council) will hold its Hawaii Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP) to discuss and make recommendations on fishery management issues in the Western Pacific Region. DATES: The meeting will be held on Tuesday, November 22, 2022, from 9 a.m. to 1 p.m. (Hawaii Standard Time). For agenda, see SUPPLEMENTARY INFORMATION. ADDRESSES: The meeting will be held by web conference via Webex. Instructions for connecting to the web conference and providing oral public comments will be posted on the Council website at www.wpcouncil.org. For assistance with the web conference connection, contact the Council office at (808) 522–8220. FOR FURTHER INFORMATION CONTACT: Contact Kitty M. Simonds, Executive Director, Western Pacific Fishery Management Council; phone: (808) 522– 8220. SUPPLEMENTARY INFORMATION: Public Comment periods will be provided in the agendas. The order in which agenda items are addressed may change. The khammond on DSKJM1Z7X2PROD with NOTICES VerDate Sep<11>2014 17:09 Nov 08, 2022 Jkt 259001 Schedule and Agenda for the Hawaii Archipelago AP meeting Tuesday, November 22, 2022, 9 a.m.–1 p.m. (Hawaii Standard Time) 1. Welcome and Introductions 2. Review of Last AP Meeting and Recommendations 3. Council Issues A. Review of Paper Interring Spillover Benefits of the Papahanaumokuakea Marine National Monument B. Proposed Northwest Hawaiian Islands Fishing Regulations C. Catch Limit for the North Pacific Striped Marlin D. Final Supplemental Biological Opinion (BiOp) and Status of the Full BiOp for the Hawaii Deep-set Longline Fishery 4. Public Comment 5. Discussion and Recommendations 6. Other Business Special Accommodations [RTID 0648–XC521] SUMMARY: meetings will run as late as necessary to complete scheduled business. The meeting is accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522–8220 (voice) or (808) 522–8226 (fax), at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: November 4, 2022. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–24459 Filed 11–8–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC515] Caribbean Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public hybrid meeting. AGENCY: The Caribbean Fishery Management Council’s (Council) Scientific and Statistical Committee (SSC) will hold a public hybrid meeting to address the items contained in the tentative agenda included in the SUPPLEMENTARY INFORMATION. DATES: The SSC public hybrid meeting will be held on November 29, 30 and SUMMARY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 December 1, 2022, from 10 a.m. to 5 p.m., Atlantic Standard Time (AST). ADDRESSES: The SSC public hybrid meeting will be held at the Courtyard by Marriott Isla Verde Beach Resort, 7012 Boca de Cangrejos Avenue, Carolina, Puerto Rico 00979. You may join the SSC public hybrid meeting via Zoom by entering the following address: https:// us02web.zoom.us/j/81086075177?pwd= TlBLb0NjWmZaR2h0b2NEbm pOTWtiQT09. Meeting ID: 810 8607 5177 Passcode: 546850 One tap mobile +19399450244, ,87345855856#,,,, *793249# Puerto Rico +17879451488, ,87345855856#,,,, *793249# Puerto Rico Dial by your location +1 939 945 0244 Puerto Rico +1 787 945 1488 Puerto Rico +1 787 966 7727 Puerto Rico +1 312 626 6799 US (Chicago) +1 346 248 7799 US (Houston) +1 646 558 8656 US (New York) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 301 715 8592 US (Washington DC) Meeting ID: 810 8607 5177 Passcode: 546850 Find your local number: https:// us02web.zoom.us/u/kQvrOfR9i. In case there are problems and we cannot reconnect via Zoom, the meeting will continue via GoToMeeting. You may join from a computer, tablet or smartphone by entering the following address: https://meet.goto.com/93450 8733. You can also dial in using your phone. United States: +1 (646) 749–3122 Access Code: 934–508–733 Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com. Meeting ID: 934 508 733. Or dial directly: 934508733@ 67.217.95.2 or 67.217.95.2##934508733. Get the app now and be ready when the first meeting starts: https:// meet.goto.com/install. FOR FURTHER INFORMATION CONTACT: Miguel A. Rolo´n, Executive Director, Caribbean Fishery Management Council, 270 Mun˜oz Rivera Avenue, Suite 401, San Juan, Puerto Rico 00918–1903, telephone: (787) 766–5926. SUPPLEMENTARY INFORMATION: The following items included in the tentative agenda will be discussed: November 29, 2022 10 a.m.–10:15 a.m. —Call to Order E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67677-67678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24481]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC534]


Marine Mammals; File No. 26727

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

ACTION: Notice; receipt of application.

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

SUMMARY: Notice is hereby given that Aaron Lynton, 986 Kupulau Drive, 
Kihei, HI 96853, has applied in due form for a permit to conduct 
commercial and educational photography on humpback whales (Megaptera 
novaeangliae).

DATES: Written, telefaxed, or email comments must be received on or 
before December 9, 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. 26727 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: Erin Markin or Carrie Hubard, (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 humpback whales in the waters off 
the coast of Maui for a documentary on their social interactions and 
behaviors in Hawaiian waters. The applicant would film and observe up 
to 400 adult/juvenile humpback whales and 75 humpback whale calves 
annually topside from a vessel, using an unmanned aircraft system 
(UAS), or underwater by diving. Up to 60 Hawaiian spinner dolphins 
(Stenella longirostris), 300 short-finned pilot whales (Globicephala 
macrorhynchus), and 120 bottlenose dolphins (Tursiops truncatus) 
annually may be harassed and opportunistically filmed if in the 
vicinity of the target species. The permit would be valid through May 
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.

[[Page 67678]]

    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: November 4, 2022.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2022-24481 Filed 11-8-22; 8:45 am]
BILLING CODE 3510-22-P


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