Notice2022-24481
Marine Mammals; File No. 26727
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
November 9, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Notice is hereby given that Aaron Lynton, 986 Kupulau Drive, Kihei, HI 96853, has applied in due form for a permit to conduct commercial and educational photography on humpback whales (Megaptera novaeangliae).
Full Text
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<title>Federal Register, Volume 87 Issue 216 (Wednesday, November 9, 2022)</title>
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[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67677-67678]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24481]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC534]
Marine Mammals; File No. 26727
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 Aaron Lynton, 986 Kupulau Drive,
Kihei, HI 96853, has applied in due form for a permit to conduct
commercial and educational photography on humpback whales (Megaptera
novaeangliae).
DATES: Written, telefaxed, or email comments must be received on or
before December 9, 2022.
ADDRESSES: These documents are available upon written request via email
to <a href="/cdn-cgi/l/email-protection#d39d9e9580fd83a1e290bcbebeb6bda7a093bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="a2ecefe4f18cf2d093e1cdcfcfc7ccd6d1e2cccdc3c38cc5cdd4">[email protected]</span></a>.
Written comments on this application should be submitted via email
to <a href="/cdn-cgi/l/email-protection#9fd1d2d9ccb1cfedaedcf0f2f2faf1ebecdff1f0fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="bdf3f0fbee93edcf8cfed2d0d0d8d3c9cefdd3d2dcdc93dad2cb">[email protected]</span></a>. Please include File No. 26727 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#0a44474c59245a783b496567676f647e794a64656b6b246d657c"><span class="__cf_email__" data-cfemail="236d6e65700d735112604c4e4e464d5750634d4c42420d444c55">[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: Erin Markin 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 and importing of marine mammals (50 CFR part 216).
The applicant proposes to film humpback whales in the waters off
the coast of Maui for a documentary on their social interactions and
behaviors in Hawaiian waters. The applicant would film and observe up
to 400 adult/juvenile humpback whales and 75 humpback whale calves
annually topside from a vessel, using an unmanned aircraft system
(UAS), or underwater by diving. Up to 60 Hawaiian spinner dolphins
(Stenella longirostris), 300 short-finned pilot whales (Globicephala
macrorhynchus), and 120 bottlenose dolphins (Tursiops truncatus)
annually may be harassed and opportunistically filmed if in the
vicinity of the target species. The permit would be valid through May
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.
[[Page 67678]]
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: November 4, 2022.
Julia M. Harrison,
Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2022-24481 Filed 11-8-22; 8:45 am]
BILLING CODE 3510-22-P
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