82 FR 21370 - Marine Mammals; File No. 21170

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range		21370-21371
FR Document		2017-09299

Notice is hereby given that Keith Ellenbogen, Keith Ellenbogen Photography, 795 Carroll St., Brooklyn, NY 11215, has applied in due form for a permit to conduct commercial or educational photography on marine mammals.

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)

[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Notices]
[Pages 21370-21371]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09299]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF399


Marine Mammals; File No. 21170

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 Keith Ellenbogen, Keith Ellenbogen 
Photography, 795 Carroll St., Brooklyn, NY 11215, has applied in due 
form for a permit to conduct commercial or educational photography on 
marine mammals.

DATES: Written, telefaxed, or email comments must be received on or 
before June 7, 2017.

ADDRESSES: These documents are available upon written request or by 
appointment in the Permits and Conservation Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver 
Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.
    Written comments on this application should be submitted to the 
Chief, Permits and Conservation Division, at the address listed above. 
Comments may also be submitted by facsimile to (301) 713-0376, or by 
email to [email protected]. Please include the File No. in the 
subject line of the email comment.
    Those individuals requesting a public hearing should submit a 
written request to the Chief, Permits and Conservation Division at the 
address listed above. The request should set forth the specific reasons 
why a hearing on this application would be appropriate.

FOR FURTHER INFORMATION CONTACT: Courtney Smith 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 and photograph cetaceans and seals 
within the U.S. northeast Atlantic waters of the U.S., from the Gulf of 
Maine (including Cape Cod Bay and Stellwagen Bank National Marine 
Sanctuary) through the New York Bight (Montauk, NY to Cape May, NJ), 
including the Hudson Canyon. Up to 810 humpback whales (Megaptera

[[Page 21371]]

novaeangliae, West Indies Distinct Population Segment); 225 long-finned 
pilot whales (Globicephala melaena); 225 harbor porpoises (Phocoena 
phocoena); 225 short-beaked common dolphin (Delphinus delphis); 225 
Risso's dolphins (Grampus griseus); 225 bottlenose dolphins (Tursiops 
truncatus); 225 striped dolphins (Stenella coeruleoalba); 225 Atlantic 
white-sided dolphins (Lagenorhyncus acutus); 900 harbor seals (Phoca 
vitulina); and 900 grey seals (Halichoerus grypus) may be harassed 
during close approaches by marine vessels and experienced swimmers and 
divers for photography and filming purposes. The permit is requested 
for five years.
    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 3, 2017.
Julia Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2017-09299 Filed 5-5-17; 8:45 am]
 BILLING CODE 3510-22-P

21370 Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices

in the Northeast.’’ The project would flatfish moving away from the center of DEPARTMENT OF COMMERCE
test a V-shaped bar with drop chains (V the bar towards the sides and out of the
bar will refer to the entire apparatus dredge path. National Oceanic and Atmospheric
consisting of bar and chains) attached to Administration
Researchers would weigh all scallop
the dredge wire to reduce flatfish RIN 0648–XF399
catch from both dredges. Samplers
bycatch while maintaining the catch of
would record total weight of bycatch
sea scallops. The vessels would be Marine Mammals; File No. 21170
temporarily exempt from possession species to the nearest tenth of a pound
limits and minimum size requirements and individual length measurements to AGENCY: National Marine Fisheries
specified in 50 CFR part 648, the nearest centimeter. If the volume of Service (NMFS), National Oceanic and
subsections B and D through O, for the catch is large, samplers would Atmospheric Administration (NOAA),
sampling purposes only, and from the employ subsampling protocols. All Commerce.
scallop observer program requirements bycatch would be returned to the sea as ACTION: Notice; receipt of application.
at 648.11(g). URI has contracted East soon as practicable following data
West Technical Services (an observer collection. Exemption from possession SUMMARY: Notice is hereby given that
and at-sea monitor service provider) to limit and minimum sizes would ensure Keith Ellenbogen, Keith Ellenbogen
conduct the at-sea data collection the vessel is not in conflict with Photography, 795 Carroll St., Brooklyn,
component of this project. All trips possession regulations while collecting NY 11215, has applied in due form for
would be conducted on LAGC IFQ catch data. All catch above possession a permit to conduct commercial or
vessels, and all landed scallop catch educational photography on marine
limits or below minimum sizes would
would count against the vessels yearly mammals.
be discarded as soon as practicable
IFQ allocation. Any fishing activity following data collection. Exemption DATES: Written, telefaxed, or email
conducted outside of normal fishing from the sea scallop observer program comments must be received on or before
operations as allowed under Northeast requirements would allow researchers June 7, 2017.
fishery regulations, 50 CFR part 648, flexibility for catch sampling timing and ADDRESSES: These documents are
and outside the scope of the exempted available upon written request or by
onboard space accommodations since
fishing activity would be prohibited, appointment in the Permits and
including landing fish in excess of a vessels in the LAGC fleet are typically
smaller with limited deck space. We Conservation Division, Office of
possession limit or below the minimum Protected Resources, NMFS, 1315 East-
size. have consulted with the Northeast
Fishery Observer Program on the West Highway, Room 13705, Silver
Six vessels would conduct scallop Spring, MD 20910; phone (301) 427–
dredging beginning in June 2017 and potential exemption. The observer
8401; fax (301) 713–0376.
continue through April 2018, on program requirement exemption for this
Written comments on this application
approximately 40 trips lasting project would not prevent us from should be submitted to the Chief,
approximately one day-at-sea (DAS). achieving observer coverage levels Permits and Conservation Division, at
Within the 40 DAS there would be two needed in the LAGC scallop fishery. the address listed above. Comments may
pilot DAS in advance of the research All research trips would otherwise be also be submitted by facsimile to (301)
DAS to test the design and make any conducted in a manner consistent with 713–0376, or by email to
necessary changes, as well as two DAS NMFS.Pr1Comments@noaa.gov. Please
normal commercial fishing conditions
exclusively for underwater video include the File No. in the subject line
and catch consistent with the LAGC
collection to film fish behavior in of the email comment.
relation to the gear. All research trips daily possession limit would be retained
for sale. Those individuals requesting a public
would complete approximately seven hearing should submit a written request
tows per day for a duration of 50 If approved, the applicant may
to the Chief, Permits and Conservation
minutes at a standard tow speed request minor modifications and Division at the address listed above. The
between 3.8 to 4.5 knots (or averaging extensions to the EFP throughout the request should set forth the specific
4.2 knots). Trips would take place in the year. EFP modifications and extensions reasons why a hearing on this
Southern New England Scallop Dredge may be granted without further notice if application would be appropriate.
Exemption Area where part of the LAGC they are deemed essential to facilitate
fleet normally operates. FOR FURTHER INFORMATION CONTACT:
completion of the proposed research Courtney Smith or Amy Hapeman, (301)
All tows would be conducted with a and have minimal impacts that do not
single dredge ranging in width from 8 to 427–8401.
change the scope or impact of the
10.5 feet (2.4 to 3.2 m) following an SUPPLEMENTARY INFORMATION: The
initially approved EFP request. Any subject permit is requested under the
alternate paired tow strategy where a
fishing activity conducted outside the authority of the Marine Mammal
pair consists of one control and one
experimental tow. Researchers would scope of the exempted fishing activity Protection Act of 1972, as amended
attach the V bar to the tow cable and would be prohibited. (MMPA; 16 U.S.C. 1361 et seq.), and the
anchor the sides to the outer dredge Authority: 16 U.S.C. 1801 et seq. regulations governing the taking and
frame with chain and shackles at all Dated: May 3, 2017.
importing of marine mammals (50 CFR
connection points for the experimental part 216).
tows. The V bar will be removed for the Karen H. Abrams, The applicant proposes to film and
asabaliauskas on DSK3SPTVN1PROD with NOTICES

control tows. Chains will hang vertically Acting Deputy Director, Office of Sustainable photograph cetaceans and seals within
from the V bar to the ocean floor. The Fisheries, National Marine Fisheries Service. the U.S. northeast Atlantic waters of the
chains will be spaced at intervals meant [FR Doc. 2017–09277 Filed 5–5–17; 8:45 am] U.S., from the Gulf of Maine (including
to restrict flatfish from swimming BILLING CODE 3510–22–P Cape Cod Bay and Stellwagen Bank
between them. The spacing set up will National Marine Sanctuary) through the
be determined during the pilot days. New York Bight (Montauk, NY to Cape
Researchers expect that the chains will May, NJ), including the Hudson Canyon.
create a dust cloud designed to keep the Up to 810 humpback whales (Megaptera

VerDate Sep<11>2014 18:27 May 05, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\08MYN1.SGM 08MYN1

Document Created: 2017-05-06 02:22:07
Document Modified: 2017-05-06 02:22:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; receipt of application.
Dates		Written, telefaxed, or email comments must be received on or before June 7, 2017.
Contact		Courtney Smith or Amy Hapeman, (301) 427-8401.
FR Citation		82 FR 21370
RIN Number		0648-XF39

82 FR 21370 - Marine Mammals; File No. 21170

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 87 (May 8, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration