[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Notices]
[Pages 40995-40996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11453]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 071006E]


Marine Mammals; Photography Permit Application No. 1100-1849

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

ACTION: Notice; receipt of application.

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SUMMARY: Notice is hereby given that Shane Moore, Moore & Moore Films, 
Box 2980, 1203 Melody Creek Lane, Jackson, Wyoming 83001 has applied in 
due form for a permit to conduct commercial/educational photography of 
killer whales (Orcinus orca), gray whales (Eschrichtius robustus), and

[[Page 40996]]

minke whales (Balaenoptera acutorostrata).

DATES: Written, telefaxed, or e-mail comments must be received on or 
before August 18, 2006.

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)427-2521; and
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone 
(907)586-7221; fax (907)586-7249.
    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 at (301)427-2521, 
provided the facsimile is confirmed by hard copy submitted by mail and 
postmarked no later than the closing date of the comment period.
    Comments may also be submitted by e-mail. The mailbox address for 
providing e-mail comments is [email protected]. Include in the 
subject line of the e-mail comment the following document identifier: 
File No. 1100-1849

FOR FURTHER INFORMATION CONTACT: Kelsey Abbott or Carrie Hubard, 
(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 applicant proposes to take 10 killer whales of the Eastern 
North Pacific Transient stock, 10 gray whales, and 10 minke whales 
annually by close approach for filming in the Gulf of Alaska and Bering 
Sea. The purpose of this project is to document the behavior of marine 
animals in the presence of the carcass of a gray or minke whale that 
was killed by killer whales. The applicant requests authorization to 
fix a remotely operated video camera in an underwater housing to the 
sea floor approximately 15 feet from the carcass. The camera would be 
deployed after the killer whales have left the carcass and would be 
controlled from a boat approximately 100 yards away. In addition, if 
killer whales, gray whales, or minke whales pass near the boat, the 
applicant would submerge a small camera on a pole to take photographs 
of passing animals. This footage would be shared freely with the 
scientific community as it may reveal to what extent killer whales 
continue to feed on submerged kills, how they feed on these carcasses, 
and document what other animals may benefit from these carcasses as 
well. Filming activities would occur between April 1 and August 31 of 
each year. The permit would expire three years from the date of issue.
    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 this application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: July 13, 2006.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E6-11453 Filed 7-18-06; 8:45 am]
BILLING CODE 3510-22-S