[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4156-4157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01292]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC712]


Marine Mammals; File No. 22156

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for permit amendment.

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SUMMARY: Notice is hereby given that Douglas Nowacek, Ph.D., Nicholas 
School of the Environment, Duke University Marine Laboratory, 135 Duke 
Marine Lab Rd., Beaufort, NC 28516, has applied for an amendment to 
Scientific Research Permit No. 22156-02.

DATES: Written, telefaxed, or email comments must be received on or 
before February 23, 2023.

ADDRESSES: The application and related documents are available for 
review by selecting ``Records Open for Public Comment'' from the 
``Features'' box on the Applications and Permits for Protected Species 
(APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File 
No. 22156 mod No. 9 from the list of available applications. These 
documents are also 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. 22156 mod 9 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 Shasta McClenahan, 
Ph.D., (301)427-8401.

SUPPLEMENTARY INFORMATION: The subject amendment to Permit No. 22156-02 
is requested under the authority 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), the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), 
and the regulations governing the taking, importing, and exporting of 
endangered and threatened species (50 CFR parts 222-226).
    Permit No. 22156, issued on May 8, 2020, (85 FR 35637), authorizes 
the permit holder to conduct research on 31 cetacean species in U.S. 
and international waters of the North Atlantic Ocean. Species include 
endangered blue (Balaenoptera musculus); fin (B. physalus); sei (B. 
borealis); and sperm (Physeter macrocephalus) whales. The purpose of 
the research is to study cetacean behavior, foraging ecology, body 
condition, health status, population structure, and use of and response 
to sounds. The permit authorizes surveys by vessel and an unmanned 
aircraft system (UAS) to approach, count, observe, photograph, remotely 
measure, and track cetaceans. During surveys, researchers may conduct 
acoustic playback trials, collect biological samples, and tag (suction-
cup or dart) animals, with some species receiving two tags at a time. 
Non-target cetaceans in the vicinity of research may be unintentionally 
harassed. Biological samples collected in international waters may be 
imported into the United States and cell lines may be developed from 
tissue samples. Two minor amendments to the permit were issued to 
update biopsy sampling mitigation measures (Permit No. 22156-01; 
January 29, 2021) and expand the use of UAS to all authorized species 
(Permit No. 22156-02; May 23, 2022). The permit holder is requesting to 
amend the permit to allow dart tagging of juveniles and adults of 12 
species currently authorized for other research methods: Atlantic 
spotted dolphins (Stenella frontalis); blue whales; bottlenose dolphins 
(Tursiops truncatus); clymene

[[Page 4157]]

dolphins (S. clymene); false killer whales (Pseudorca crassidens); 
melon-headed whales (Peponocephala electra); minke whales (B. 
acutorostrata); pantropical spotted dolphins (S. attenuata); pygmy 
killer whales (Feresa attenuata); Risso's dolphins (Grampus griseus); 
sei whales; and short-beaked common dolphins (Delphinus delphis). 
Annual take numbers currently authorized for each species would not 
increase, but would be reallocated to allow for dart tagging of 50 
animals of each species of baleen whale and 30 animals of each 
odontocete species annually. In addition, the permit holder is 
requesting to reallocate takes of fin whales to increase the number of 
whales authorized for dart tagging from 10 to 50 whales per year. The 
purpose of the amendment is to continue to monitor the movement and 
distribution of these species along the U.S. East Coast; this is work 
that was previously conducted with a collaborator under a separate 
research permit. The amendment would be valid for the duration of the 
permit, until May 31, 2025.
    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: January 18, 2023.
Amy Sloan,
Acting Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2023-01292 Filed 1-23-23; 8:45 am]
BILLING CODE 3510-22-P