SUPPLEMENTARY INFORMATION:

The subject amendment to Permit No. 26329 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 ( printed page 54312) 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), and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151 et seq.).

Permit No. 26329, issued on October 21, 2022 (87 FR 68133, November 14, 2022), authorizes the permit holder to study behavioral responses of 17 cetacean species in California waters. Researchers seek to identify key characteristics of species-typical calling, diving, feeding, social, and movement behavior in cetaceans, and under what conditions and contexts these behaviors are affected by human noise disturbance. Researchers may approach cetaceans by vessel for observations, suction-cup tagging, collection of sloughed skin, acoustic playbacks, prey mapping, photo-identification, and unintentional harassment. Five pinniped species may be unintentionally harassed during fieldwork. The permit holder requests to amend the permit to consolidate and improve the management and reporting of fieldwork that currently occurs with collaborating scientists under several research permits as follows: (1) add suction-cup tagging and sloughed skin collection as procedures for six authorized odontocete species; (2) allow deployment of suction-cup tags by uncrewed aircraft system (UAS) in addition to attachment by pole; (3) authorize the use of a suction-cup tag unit that has a built-in echosounder; (3) authorize active acoustics for prey mapping for all authorized species; (4) authorize biopsy sampling for all cetacean species that could be tagged; (5) increase take numbers for multiple cetacean species for currently authorized methods in addition to new requested methods including: invasive (darb/barb or deep-implant) tagging and UAS surveys for counts, observations, photo-ID, photography/videography, and photogrammetry; and (6) update the personnel list and their roles. See the application's take table for details on take numbers and methods for each species. The permit would be valid until March 31, 2028.

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.

91 FR 54311