Notice2021-26563
Marine Mammals; File No. 25900
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 8, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that Echo Pictures Ltd. (Responsible Party: Joe Stevens), St Nicholas House, 31-34 High Street, Bristol, BS1 2AW, United Kingdom has applied in due form for a permit to conduct commercial or educational photography on humpback whales (Megaptera novaeangliae).
Full Text
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<title>Federal Register, Volume 86 Issue 233 (Wednesday, December 8, 2021)</title>
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[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Page 69622]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26563]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB547]
Marine Mammals; File No. 25900
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 Echo Pictures Ltd. (Responsible
Party: Joe Stevens), St Nicholas House, 31-34 High Street, Bristol, BS1
2AW, United Kingdom has applied in due form for a permit to conduct
commercial or educational photography on humpback whales (Megaptera
novaeangliae).
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 <a href="/cdn-cgi/l/email-protection#6927242f3a47391b582a0604040c071d1a2907060808470e061f"><span class="__cf_email__" data-cfemail="ca84878c99e49ab8fb89a5a7a7afa4beb98aa4a5ababe4ada5bc">[email protected]</span></a>.
Written comments on this application should be submitted via email
to <a href="/cdn-cgi/l/email-protection#d39d9e9580fd83a1e290bcbebeb6bda7a093bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="cd83808b9ee39dbffc8ea2a0a0a8a3b9be8da3a2acace3aaa2bb">[email protected]</span></a>. Please include File No. 25900 in the
subject line of the email comment.
Those individuals requesting a public hearing should submit a
written request via email to <a href="/cdn-cgi/l/email-protection#baf4f7fce994eac88bf9d5d7d7dfd4cec9fad4d5dbdb94ddd5cc"><span class="__cf_email__" data-cfemail="cc82818a9fe29cbefd8fa3a1a1a9a2b8bf8ca2a3adade2aba3ba">[email protected]</span></a>. The request
should set forth the specific reasons why a hearing on this application
would be appropriate.
FOR FURTHER INFORMATION CONTACT: Jordan Rutland 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
of marine mammals (50 CFR part 216).
The applicant proposes to film humpback whales off the coast of
Maui, Hawaii to obtain footage for a television series. Up to 1,120
humpback whales may be harassed during filming from vessels, an
unmanned aircraft system, and underwater divers. The permit would
expire April 30, 2022.
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 Act'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 3, 2021.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2021-26563 Filed 12-7-21; 8:45 am]
BILLING CODE 3510-22-P
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