Notice2022-11015
Marine Mammals; File No. 26394
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
May 23, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 99 (Monday, May 23, 2022)</title>
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[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31213-31214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#3e7073786d106e4c0f7d5153535b504a4d7e50515f5f10595148"><span class="__cf_email__" data-cfemail="95dbd8d3c6bbc5e7a4d6faf8f8f0fbe1e6d5fbfaf4f4bbf2fae3">[email protected]</span></a>.
Written comments on this application should be submitted via email
to <a href="/cdn-cgi/l/email-protection#d6989b9085f886a4e795b9bbbbb3b8a2a596b8b9b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="cf8182899ce19fbdfe8ca0a2a2aaa1bbbc8fa1a0aeaee1a8a0b9">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#9ed0d3d8cdb0ceecafddf1f3f3fbf0eaeddef0f1ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="27696a61740977551664484a4a42495354674948464609404851">[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: 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]
BILLING CODE 3510-22-P
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