[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69632-69633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26537]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB623]


Marine Mammals; File No. 26024

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 Ocean Futures Society, 513 De La 
Vina

[[Page 69633]]

Street, Santa Barbara, CA 93101 (Responsible Party: Jean-Michel 
Cousteau), has applied in due form for a permit to conduct commercial 
or educational photography on humpback whales (Megaptera novaeangliae), 
bottlenose dolphins (Tursiops truncatus), spinner dolphins (Stenella 
longirostris), and pantropical spotted dolphins (S. attenuata).

DATES: Written, telefaxed, or email comments must be received on or 
before January 7, 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. 26024 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 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 and dolphins to 
produce a documentary to celebrate Jean-Michel Cousteau's 75 years of 
diving and educate the public about the protection, conservation, and 
management of humpback whales and other cetaceans in Hawaii waters. 
Filmmakers would annually harass up to 105 humpback whales, 700 
bottlenose dolphins, 700 pantropical spotted dolphins, and 700 spinner 
dolphins for photography/videography (aerial, topside and underwater) 
using two vessels, divers, and two unmanned aircraft systems. Filming 
is expected to occur within a two-week period in February or March each 
year. The permit would be valid for two years.
    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, as 
evidenced by issuance of four such permits since the rule's effective 
date. 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: December 2, 2021.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2021-26537 Filed 12-7-21; 8:45 am]
BILLING CODE 3510-22-P