[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15137-15138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5784]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG43


Marine Mammals; Photography Permit Application No. 10133

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 Zvi Livnat, P.O. Box 1209, 
Kealakekua, Hawaii 96750, has applied in due form for a permit to 
conduct commercial/educational photography of spinner dolphins 
(Stenella longirostris).

DATES: Written, telefaxed, or e-mail comments must be received on or 
before April 21, 2008.

ADDRESSES: The application and related documents are available for 
review upon written request or by appointment in the following offices:
    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
    Pacific Islands Region, NMFS, 1601 Kapiolani Blvd., Rm 1110, 
Honolulu, HI 96814-4700; phone (808)944-2200; fax (808)973-2941.
    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)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.
    Comments may also be submitted by e-mail. The mailbox address for 
providing e-mail comments is

[[Page 15138]]

[email protected]. Include in the subject line of the e-mail 
comment the following document identifier: File No. 10133.

FOR FURTHER INFORMATION CONTACT: Amy Hapemen or Brandy Belmas, 
(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 has requested a photography permit to film human 
interactions with spinner dolphins in the coastal waters of Hawaii and 
Maui. The purpose of the filming is to produce a public service 
announcement to educate residents and tourists of the Hawaiian Islands 
about the dangers that swim-with programs pose to the species and 
illustrate proper dolphin watching techniques. Up to 2,710 dolphins 
could be harassed annually during aerial and vessel-based close 
approaches for filming, including underwater filming. Filming would 
occur from March to October of each year over a period of 4 years.
    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: March 17, 2008.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E8-5784 Filed 3-20-08; 8:45 am]
BILLING CODE 3510-22-S