[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Page 65191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23554]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC502]


Marine Mammals; File No. 26725

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 Florian Graner, Ph.D., 4021 Beach 
Drive, Freeland, WA 98249, has applied in due form for a permit to 
conduct commercial or educational photography on humpback whales 
(Megaptera novaeangliae) and Hawaiian spinner dolphins (Stenella 
longirostris).

DATES: Written, telefaxed, or email comments must be received on or 
before November 28, 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. 26725 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 humpback whales and Hawaiian spinner 
dolphins in the waters off the coasts of Maui and Hawaii-Kona for a 
natural history documentary on the variety and diversity of the 
Hawaiian ecosystems. The applicant would film and observe up to 400 
humpback whales and 1200 spinner dolphins annually topside from a 
vessel, using an unmanned aircraft system (UAS) or underwater by 
diving. Up to 250 short-finned pilot whales (Globicephala 
macrorhynchus) and 400 bottlenose dolphins (Tursiops truncatus) 
annually may be harassed and opportunistically filmed if in the 
vicinity of the target species. The permit would be valid from February 
2023 through December 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 25, 2022.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2022-23554 Filed 10-27-22; 8:45 am]
BILLING CODE 3510-22-P