[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31213-31214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11015]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC040]


Marine Mammals; File No. 26394

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 Pangolin Pictures, 1650 Broadway, 
Suite 1208, New York, NY 10019 (Responsible Party: Kevin Bachar), has 
applied in due form for a permit to conduct commercial and educational 
photography on humpback whales (Megaptera novaeangliae) and other 
cetaceans.

DATES: Written, telefaxed, or email comments must be received on or 
before June 22, 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. 26394 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: Carrie Hubard or Amy Hapeman, (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 up to 75 humpback whales in the 
Au[revaps]au

[[Page 31214]]

channel in Hawai[revaps]i. Filming would take place from onboard a 
boat, using underwater divers, and from an unmanned aircraft system. 
Other species that would be filmed if encountered are up to 150 
bottlenose dolphins (Tursiops truncatus), 50 pantropical spotted 
dolphins (Stenella attenuata), 250 spinner dolphins (S. longirostris), 
50 melon-headed whales (Peponocephala electra), 50 pygmy killer whales 
(Feresa attenuata), and 10 minke whales (Balaenoptera acutorostrata). 
Footage would be used for a documentary to air on National Geographic 
Television. The permit would be valid from December 2022 through May 
2023.
    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: May 18, 2022.
Amy Sloan,
Acting Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2022-11015 Filed 5-20-22; 8:45 am]
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