SUPPLEMENTARY INFORMATION:

The subject amendment to Permit No. 23644-01 is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226).

Permit No. 23644, issued on October 26, 2020 (85 FR 73263, November 17, 2020), authorizes the permit holder to conduct research on 22 cetacean species in U.S. and international waters of the North Atlantic and North Pacific Oceans to study cetacean toxicology, microplastics, acoustics, and behavioral ecology. Researchers may conduct vessel surveys including unmanned aircraft system (UAS) operations, biological sampling, counts, passive acoustics, photo-ID, photograph/video, observations, photogrammetry, and thermal imaging. Cetaceans also may be unintentionally harassed during surveys. Samples collected on the high seas or under other authorizations worldwide may be imported for study. The permit was amended on January 27, 2022 (as No. 23644-01), to authorize additional UAS models and UAS operations at night. For the current amendment, the permit holder requests to add suction-cup tagging by UAS for up to 30 humpback whales ( Megaptera novaeangliae) each in North Atlantic and North Pacific waters and 30 minke whales ( Balaenoptera acutorostrata) in North Atlantic waters as part of their behavioral ecology studies. The amendment would be valid for the duration of the permit, until October 31, 2025.

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 this application to the Marine Mammal Commission and its Committee of Scientific Advisors.

87 FR 77077