83_FR_19797 83 FR 19710 - Marine Mammals; File No. 22049

83 FR 19710 - Marine Mammals; File No. 22049

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 87 (May 4, 2018)

Page Range19710-19711
FR Document2018-09547

Notice is hereby given that Living Planet Productions/ Silverback Films, 1 St. Augustine Yard, Gaunts Lane, Bristol, BS1 5DE, UK (Responsible Party: Sarah Wade), has applied in due form for a permit to conduct commercial or educational photography on bottlenose dolphins (Tursiops truncatus).

Federal Register, Volume 83 Issue 87 (Friday, May 4, 2018) 
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Notices]
[Pages 19710-19711]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09547]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG206


Marine Mammals; File No. 22049

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 Living Planet Productions/
Silverback Films, 1 St. Augustine Yard, Gaunts Lane, Bristol, BS1 5DE, 
UK (Responsible Party: Sarah Wade), has applied in due form for a 
permit to conduct commercial or educational photography on bottlenose 
dolphins (Tursiops truncatus).

[[Page 19711]]


DATES: Written, telefaxed, or email comments must be received on or 
before June 4, 2018.

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. 22049 
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: 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 bottlenose dolphins in Everglades 
National Park, Florida from boats, helicopters, and underwater cameras 
from June through September 2018. Up to 140 dolphins may be harassed 
during helicopter flights. An additional 276 dolphins may be harassed 
during vessel filming. The goal of the project is to obtain footage of 
mud-ring feeding dolphins that will be used in an upcoming television 
documentary series to be released on Netflix. The permit would be valid 
until October 1, 2018.
    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 1, 2018.
Julia Marie Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2018-09547 Filed 5-3-18; 8:45 am]
 BILLING CODE 3510-22-P

19710 Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices expected to impact rates of annual does not define small numbers and so, the availability of such species or stocks recruitment or survival of any affected in practice, where estimated numbers for taking for subsistence purposes. species or stock, particularly given the are available, NMFS compares the Endangered Species Act (ESA) NMFS and applicant’s plan to number of individuals taken to the most implement mitigation and monitoring appropriate estimation of abundance of Section 7(a)(2) of the Endangered measures that would minimize impacts the relevant species or stock in our Species Act of 1973 (ESA: 16 U.S.C. to marine mammals. Based on the determination of whether an 1531 et seq.) requires that each Federal analysis contained herein of the likely authorization is limited to small agency insure that any action it effects of the specified activity on numbers of marine mammals. authorizes, funds, or carries out is not marine mammals and their habitat, and Additionally, other qualitative factors likely to jeopardize the continued taking into consideration the may be considered in the analysis, such existence of any endangered or implementation of the proposed as the temporal or spatial scale of the threatened species or result in the monitoring and mitigation measures, activities. destruction or adverse modification of NMFS finds that the total marine As noted above, the number of designated critical habitat. To ensure mammal take from USACE’s proposed instances of take proposed for ESA compliance for the issuance of confined blasting operations would authorization equates to approximately IHAs, NMFS consults internally, in this have a negligible impact on the affected 43 percent of the estimated stock case with the NMFS Southeast Region marine mammal species or stocks. abundance if each instance represents a (SERO) Protected Resources Division In summary and as described above, different individual marine mammal. Office, whenever we propose to the following factors primarily support However, as noted above, NMFS authorize take for endangered or our determination that the impacts anticipates that the calculated number threatened species. resulting from this activity are not of exposures represents some repeated No incidental take of ESA-listed expected to adversely affect the species exposures of some individuals; in other species is proposed for authorization or or stock through effects on annual rates words, the number of exposures is likely expected to result from this activity. of recruitment or survival: an overestimate of individuals. Urian et Therefore, NMFS has determined that • No mortality is anticipated or al. (2009) studied fine-scale population formal consultation under section 7 of authorized; structure of bottlenose dolphins in the ESA is not required for this action. • No injury is anticipated or Tampa Bay, and concluded that there authorized; are five discrete communities (that are Authorization • Take is limited to Level B not defined as separate stocks) of NMFS has issued an IHA to the harassment, and would be expected to bottlenose dolphins in Tampa Bay. They USACE to take one species of marine be mainly temporary and short-term found significant differences in location mammal incidental to confined blasting behavioral disturbance and potential for and association patterns among these in the East Channel of the Big Bend a small number of TTS takes; communities and note that all five Channel in Tampa Harbor, Tampa, • The USACE’s proposed confined communities differed significantly in Florida provided the previously blasting activities within the East latitude, longitude, or both. Based on mentioned mitigation, monitoring, and Channel includes up to two planned the range patterns of these discrete reporting requirements are incorporated. blasting events per day over multiple communities, only one of these Dated: May 1, 2018. days (up to a maximum of 42 blast communities, Community 5, is expected events total), but these would be very to occur in the USACE proposed project Donna S. Wieting, short in duration and in a small area area. The other four communities range Director, Office of Protected Resources, relative to the range of the animals; and farther south of the proposed project National Marine Fisheries Service. • While temporary short-term location. In addition, Community 5 [FR Doc. 2018–09499 Filed 5–3–18; 8:45 am] avoidance of the area may occur due to appeared to be the smallest community BILLING CODE 3510–22–P blasting activities, the proposed project of the five identified communities. area does not represent an area of Therefore, we conclude that the takes known biological importance such that associated with the USACE proposed DEPARTMENT OF COMMERCE temporary avoidance would constitute confined blasting actually represents no an impact to the foraging, socialization, more than 20 percent of the total Tampa National Oceanic and Atmospheric and resting activities of bottlenose Bay stock of bottlenose dolphins. Administration dolphins. Based on the analysis contained RIN 0648–XG206 Based on the analysis contained herein of the proposed activity herein of the likely effects of the (including the proposed mitigation and Marine Mammals; File No. 22049 specified activity on marine mammals monitoring measures) and the and their habitat, and taking into anticipated take of marine mammals, AGENCY: National Marine Fisheries consideration the implementation of the NMFS finds that small numbers of Service (NMFS), National Oceanic and proposed monitoring and mitigation marine mammals will be taken relative Atmospheric Administration (NOAA), measures, NMFS finds that the total to the population size of the affected Commerce. marine mammal take from the proposed species or stocks. ACTION: Notice; receipt of application. activity will have a negligible impact on Unmitigable Adverse Impact Analysis SUMMARY: Notice is hereby given that the affected marine mammal species or and Determination Living Planet Productions/Silverback stocks. amozie on DSK3GDR082PROD with NOTICES There are no relevant subsistence uses Films, 1 St. Augustine Yard, Gaunts Small Numbers of the affected marine mammal stocks or Lane, Bristol, BS1 5DE, UK (Responsible As noted above, only small numbers species implicated by this action. Party: Sarah Wade), has applied in due of incidental take may be authorized Therefore, NMFS has preliminarily form for a permit to conduct commercial under Section 101(a)(5)(D) of the MMPA determined that the total taking of or educational photography on for specified activities other than affected species or stocks would not bottlenose dolphins (Tursiops military readiness activities. The MMPA have an unmitigable adverse impact on truncatus). VerDate Sep<11>2014 18:16 May 03, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1

Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices 19711 DATES: Written, telefaxed, or email Dated: May 1, 2018. period. Comments received comments must be received on or before Julia Marie Harrison, electronically, including all June 4, 2018. Chief, Permits and Conservation Division, attachments, must not exceed a 25- Office of Protected Resources, National megabyte file size. Attachments to ADDRESSES: These documents are Marine Fisheries Service. electronic comments will be accepted in available upon written request or by [FR Doc. 2018–09547 Filed 5–3–18; 8:45 am] Microsoft Word or Excel or Adobe PDF appointment in the Permits and file formats only. All comments BILLING CODE 3510–22–P Conservation Division, Office of received are a part of the public record Protected Resources, NMFS, 1315 East- and will generally be posted online at West Highway, Room 13705, Silver DEPARTMENT OF COMMERCE www.fisheries.noaa.gov/national/ Spring, MD 20910; phone (301) 427– marine-mammal-protection/incidental- 8401; fax (301) 713–0376. National Oceanic and Atmospheric take-authorizations-other-energy- Written comments on this application Administration activities-renewable without change. All should be submitted to the Chief, RIN 0648–XF984 personal identifying information (e.g., Permits and Conservation Division, at name, address) voluntarily submitted by the address listed above. Comments may Takes of Marine Mammals Incidental to the commenter may be publicly also be submitted by facsimile to (301) Specified Activities; Taking Marine accessible. Do not submit confidential 713–0376, or by email to Mammals Incidental to Marine Site business information or otherwise NMFS.Pr1Comments@noaa.gov. Please Characterization Surveys Off of Rhode sensitive or protected information. include the File No. 22049 in the subject Island and Massachusetts FOR FURTHER INFORMATION CONTACT: line of the email comment. AGENCY: National Marine Fisheries Jordan Carduner, Office of Protected Those individuals requesting a public Service (NMFS), National Oceanic and Resources, NMFS, (301) 427–8401. hearing should submit a written request Atmospheric Administration (NOAA), Electronic copies of the applications to the Chief, Permits and Conservation Commerce. and supporting documents, as well as a Division at the address listed above. The ACTION: Notice; proposed incidental list of the references cited in this request should set forth the specific harassment authorization; request for document, may be obtained by visiting reasons why a hearing on this comments. the internet at: www.fisheries.noaa.gov/ application would be appropriate. national/marine-mammal-protection/ SUMMARY: NMFS has received a request incidental-take-authorizations-other- FOR FURTHER INFORMATION CONTACT: from Deepwater Wind New England, energy-activities-renewable. In case of Carrie Hubard, (301) 427–8401. LLC (DWW), for authorization to take problems accessing these documents, SUPPLEMENTARY INFORMATION: The marine mammals incidental to marine please call the contact listed above. subject permit is requested under the site characterization surveys off the SUPPLEMENTARY INFORMATION: authority of the Marine Mammal coast of Rhode Island and Protection Act of 1972, as amended Massachusetts in the area of the Background (MMPA; 16 U.S.C. 1361 et seq.) and the Commercial Lease of Submerged Lands Sections 101(a)(5)(A) and (D) of the regulations governing the taking and for Renewable Energy Development on MMPA (16 U.S.C. 1361 et seq.) direct importing of marine mammals (50 CFR the Outer Continental Shelf (OCS–A the Secretary of Commerce (as delegated part 216). 0486) and along potential submarine to NMFS) to allow, upon request, the cable routes to a landfall location in incidental, but not intentional, taking of The applicant proposes to film Rhode Island, Massachusetts or New small numbers of marine mammals by bottlenose dolphins in Everglades York. Pursuant to the Marine Mammal U.S. citizens who engage in a specified National Park, Florida from boats, Protection Act (MMPA), NMFS is activity (other than commercial fishing) helicopters, and underwater cameras requesting comments on its proposal to within a specified geographical region if from June through September 2018. Up issue an incidental harassment certain findings are made and either to 140 dolphins may be harassed during authorization (IHA) to incidentally take regulations are issued or, if the taking is helicopter flights. An additional 276 marine mammals during the specified limited to harassment, a notice of a dolphins may be harassed during vessel activities. NMFS will consider public proposed authorization is provided to filming. The goal of the project is to comments prior to making any final the public for review. obtain footage of mud-ring feeding decision on the issuance of the An authorization for incidental dolphins that will be used in an requested MMPA authorizations and takings shall be granted if NMFS finds upcoming television documentary series agency responses will be summarized in that the taking will have a negligible to be released on Netflix. The permit the final notice of our decision. impact on the species or stock(s), will would be valid until October 1, 2018. DATES: Comments and information must not have an unmitigable adverse impact In compliance with the National be received no later than June 4, 2018. on the availability of the species or Environmental Policy Act of 1969 (42 ADDRESSES: Comments should be stock(s) for subsistence uses (where U.S.C. 4321 et seq.), an initial addressed to Jolie Harrison, Chief, relevant), and if the permissible determination has been made that the Permits and Conservation Division, methods of taking and requirements activity proposed is categorically Office of Protected Resources, National pertaining to the mitigation, monitoring excluded from the requirement to Marine Fisheries Service. Physical and reporting of such takings are set prepare an environmental assessment or comments should be sent to 1315 East- forth. amozie on DSK3GDR082PROD with NOTICES environmental impact statement. West Highway, Silver Spring, MD 20910 NMFS has defined ‘‘negligible Concurrent with the publication of and electronic comments should be sent impact’’ in 50 CFR 216.103 as an impact this notice in the Federal Register, to ITP.carduner@noaa.gov. resulting from the specified activity that NMFS is forwarding copies of the Instructions: NMFS is not responsible cannot be reasonably expected to, and is application to the Marine Mammal for comments sent by any other method, not reasonably likely to, adversely affect Commission and its Committee of to any other address or individual, or the species or stock through effects on Scientific Advisors. received after the end of the comment annual rates of recruitment or survival. VerDate Sep<11>2014 18:16 May 03, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1


Document Created: 2018-11-02 09:51:47
Document Modified: 2018-11-02 09:51:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; receipt of application.
DatesWritten, telefaxed, or email comments must be received on or before June 4, 2018.
ContactCarrie Hubard, (301) 427-8401.
FR Citation83 FR 19710 
RIN Number0648-XG20
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