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[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Pages 49858-49859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23469]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XR87

Marine Mammals; File No. 1100-1849

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for amendment.

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SUMMARY: Notice is hereby given that Shane Moore, Moore & Moore Films, 
Box 2980, 1203 Melody Creek Lane, Jackson, Wyoming 83001, has applied 
for an amendment to Commercial Photography Permit No. 1100-1849.

DATES: Written, telefaxed, or e-mail comments must be received on or 
before October 29, 2009.

ADDRESSES: The application and related documents are available upon 
written request or by appointment in the following offices:
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301)713-2289; fax (301)713-0376; and
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone 
(907)586-7221; fax (907)586-7249.
    Written comments or requests for a public hearing on this request 
should be submitted to the Chief, Permits, Conservation and Education 
Division, F/PR1, Office of Protected Resources, NMFS, 1315 East-West 
Highway, Room 13705, Silver Spring, MD 20910. Those individuals 
requesting a hearing should set forth the specific reasons why a 
hearing on this particular amendment request would be appropriate.
    Comments may also be submitted by facsimile at (301)713-0376, 
provided the facsimile is confirmed by hard copy submitted by mail and 
postmarked no later than the closing date of the comment period.
    Comments may also be submitted by e-mail. The mailbox address for 
providing e-mail comments is [email protected]. Include in the 
subject line of the e-mail comment the following document identifier: 
File No. 1100-1849.

FOR FURTHER INFORMATION CONTACT: Carrie Hubard or Amy Hapeman, 
(301)713-2289.

SUPPLEMENTARY INFORMATION: The subject amendment to Permit No. 1100-
1849 is requested under the authority of the Marine Mammal Protection 
Act of 1972, as amended (16 U.S.C. 1361 et seq.) and the regulations 
governing the taking and importing of marine mammals (50 CFR part 216).
    Permit No. 1100-1849, issued on March 22, 2007 (72 FR 14525), 
authorizes the permit holder to take 10 killer whales (Orcinus orca) of 
the Eastern North Pacific Transient stock, 10 gray whales (Eschrichtius 
robustus), and 10 minke whales (Balaenoptera acutorostrata) annually by 
close approach for filming in the Gulf of Alaska and Bering Sea. The 
purpose of the project is to document the behavior of marine animals in 
the presence of the carcass of a gray or minke whale that was killed by 
killer whales. The holder

[[Page 49859]]

is authorized to fix a remotely operated video camera in an underwater 
housing to the sea floor approximately 15 feet from the carcass. The 
camera is deployed after the killer whales have left the carcass and is 
controlled from a boat approximately 100 yards away. In addition, if 
killer whales, gray whales, or minke whales pass near the boat, the 
holder may submerge a small camera on a pole to take photographs of 
passing animals. Filming activities may occur between April 1 and 
August 31 of each year. The permit expires March 31, 2010.
    The permit holder is requesting to extend the permit until March 
31, 2012. Since the original permit was issued for three years, the 
proposed amendment would make the permit effective for five years. 
Funding constraints have prevented the permit holder from using the 
permit thus far and the extension would allow the project to be 
completed. No changes to the objectives, species, location, or 
methodologies would occur. The amended permit would authorize the same 
level of take for the two additional years as is currently authorized.
    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.

    Dated: September 23, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-23469 Filed 9-28-09; 8:45 am]
BILLING CODE 3510-22-S
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