[Federal Register Volume 68, Number 123 (Thursday, June 26, 2003)]
[Notices]
[Page 38011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16219]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061703B]


Marine Mammals; Photography Permit Application No. 997-1704

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

ACTION: Receipt of application.

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SUMMARY: Notice is hereby given that Bob McLaughlin, P.O. Box 496, 339 
Glenwood, Eastsound, Washington 98245, has applied in due form for a 
permit to take several species of non-listed marine mammals for 
purposes of commercial/educational photography.

DATES: Written or telefaxed comments must be received on or before July 
28, 2003.

ADDRESSES: The application 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)713-0376; and
    Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 
1, Seattle, WA 98115-0700; phone (206)526-6150; fax (206)526-6426; and,
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone 
(907)586-7221; fax (907)586-7249.

FOR FURTHER INFORMATION CONTACT: Jennifer Jefferies or Ruth Johnson, 
(301)713-2289.

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority of section 104(c)(6) 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). Section 
104(c)(6) provides for photography for educational or commercial 
purposes involving non-endangered and non-threatened marine mammals in 
the wild. NMFS is currently working on proposed regulations to 
implement this provision. However, in the meantime, NMFS has received 
and is processing this request as a ``pilot'' application for Level B 
Harassment of non-listed and non-depleted marine mammals for 
photographic purposes.
    The purpose of the proposed project is to film several species of 
non-listed marine mammals for an ongoing project that is tentatively 
titled ``Death of an Ecosystem?''. While this project has been ongoing 
for several years, Mr. McLaughlin desires to film from a closer vantage 
point, i.e. within 100 yards of an individual animal. The closeness of 
filming would be considered Level B harrassment and therefore would 
require a permit under the MMPA. The photographers intend to attempt to 
document marine mammal movement and aggregation under varying 
conditions including the presence of boat traffic. This will be done 
using a fusion of passive acoustic recording equipment with different 
filming equipment, including still and video, as well as different 
filming platforms, including elevated filming platforms. The action 
area would include waters off the coasts of California, Oregon, 
Washington and Alaska. The resulting film footage will be dispensed in 
part for print and broadcast media, to researchers as well as for 
educational purposes. The Permit would expire 2 years after the date of 
issuance.
    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.
    Written comments or requests for a public hearing on this 
application should be mailed to the Chief, Permits, Conservation and 
Education Division, F/PR1, Office of Protected Resources, NMFS, 1315 
East-West Highway, Room 13705, Silver Spring, MD 20910. Those 
individuals requesting a hearing should set forth the specific reasons 
why a hearing on this particular request would be appropriate.
    Comments may also be submitted by facsimile to (301) 713-0376, 
provided the facsimile is confirmed by hard copy submitted by mail and 
postmarked no later than the closing date of the comment period. Please 
note that comments will not be accepted by e-mail or by other 
electronic media.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of this application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: June 23, 2003.
Stephen L. Leathery,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 03-16219 Filed 6-25-03; 8:45 am]
BILLING CODE 3510-22-S