[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Page 61574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22090]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC451]


Marine Mammals; File No. 26778

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 Wildstar Films Ltd., Embassy 
House, Queens Avenue, Bristol, BS8 1SB, UK (Responsible Party: Jennie 
Hammond), has applied in due form for a permit to conduct commercial or 
educational photography on humpback whales (Megaptera novaeangliae; 
Hawaii distinct population segment).

DATES: Written, telefaxed, or email comments must be received on or 
before November 14, 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. 26778 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 Erin Markin, Ph.D., 
(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 1,520 humpback whales annually 
in Hawaiian waters for a natural history series in production for 
National Geographic and Disney+. The applicant seeks to collect footage 
of humpback male singers, heat runs, and intimate moments between adult 
females and their calves. Filming would occur topside from two boats, 
underwater with a polecam or divers, and aerially using an unmanned 
aircraft system. Up to 150 bottlenose dolphins (Tursiops truncatus), 
100 melon-headed whales (Peponocephala electra), and 100 short-finned 
pilot whales (Globicephala macrorhynchus), 150 spinner dolphins 
(Stenella longirostris), and 150 spotted dolphins (S. attenuata) would 
be unintentionally harassed and filmed annually if they are in the 
vicinity of whales. The applicant is requesting the permit be valid 
until December 31, 2024.
    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. 
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: October 5, 2022.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2022-22090 Filed 10-11-22; 8:45 am]
BILLING CODE 3510-22-P