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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - [RTID 0648-XD589]

# AGENCY:

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

# ACTION:

Notice; receipt of application for permit amendment.

# SUMMARY:

Notice is hereby given that Pacific Whale Foundation (Responsible Party: Jens Curie), 300 Ma'alaea Rd. Ste. 211, Wailuku, Hawaii 96793, has applied for an amendment to Scientific Research Permit No. 27099.

# DATES:

Written comments must be received on or before February 12, 2024.

# ADDRESSES:

                        The application and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species (APPS) home page,                         *https://apps.nmfs.noaa.gov,*                         and then selecting File No. 27099 from the list of available applications. These documents are also available upon written request via email to                         *NMFS.Pr1Comments@noaa.gov.*

                        Written comments on this application should be submitted via email to                         *NMFS.Pr1Comments@noaa.gov.*                         Please include File No. 27099 in the subject line of the email comment.                    

                        Those individuals requesting a public hearing should submit a written request via email to                         *NMFS.Pr1Comments@noaa.gov.*                         The request should set forth the specific reasons why a hearing on this application would be appropriate.                    

# FOR FURTHER INFORMATION CONTACT:

Courtney Smith, Ph.D., or Erin Markin, Ph.D., (301) 427-8401.

# SUPPLEMENTARY INFORMATION:

                    The subject amendment to Permit No. 27099 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. 27099, issued on April 28, 2023 (88 FR 31737, May 18, 2023), authorizes the permit holder to harass up to 1200 of the following cetaceans species, annually, during vessel, underwater, and unoccupied aerial systems (UAS) surveys within waters of the Main Hawaiian Islands: Blainville's beaked (                    *Mesoplodon densirostris*), Bryde's (                    *Balaenoptera brydei*), Cuvier's beaked (                    *Ziphius cavirostris*), dwarf sperm (                    *Kogia sima*), false killer (                    *Pseudorca crassidens;*                     including the endangered Main Hawaiian Islands insular Distinct Population Segment), fin (                    *Balaenoptera physalus*), humpback (                    *Megaptera novaeangliae*), killer (                    *Orcinus orca*), melon-headed (                    *Peponocephala electra*), minke (                    *Balaenoptera acutorostrata*), pygmy killer (                    *Feresa attenuata*), pygmy sperm (                    *Kogia breviceps*), short-finned pilot (                    *Globicephala macrorhynchus*), and sperm (                    *Physeter macrocephalus*) whales; and common bottlenose (                    *Tursiops truncatus*), Fraser's (                    *Lagenodelphis hosei*), pantropical spotted (                    *Stenella attenuata*), Risso's (                    *Grampus griseus*), rough-toothed (                    *Steno bredanensis*), short-beaked common (                    *Delphinus delphis*), spinner (                    *Stenella longistrostris longirostris*), and striped (                    *Stenella coeruleoalba*) dolphins. The objective of research is to assess the human impacts on, and the distribution, abundance, social organization, population structure, population size, foraging, diet, reproduction, movements, habitat use, body condition, health, and behavior of Hawaiian cetaceans. Permitted research procedures include photo-ID, photogrammetry, underwater filming, suction-cup tagging, biopsy collection, fecal sampling, sloughed skin collection, and exhaled air sample collection. Up to 10 suction-cup tags and up to 40 biopsy samples may be taken from the above-listed species. The permit holder is requesting the permit be amended to include authorization to import up to 40 humpback whale (East Australia Distinct Population Segment) biopsy samples from Australia. The imported samples will be used to                           ( print page 1909)                        address a new study objective to understand the factors influencing humpback whale migration along the east coast of Australia within the context of a rapidly changing environment. Specifically, the study aims to analyze the size, age, and body condition of the sub-population of whales undertaking migration in a given year to provide insights into the overall health and status of the regional humpback whale population. The permit is valid through April 30, 2028. All other terms and conditions of the permit would remain the same.                

                    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: January 8, 2024.

Julia M. Harrison,

Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.

[FR Doc. 2024-00450 Filed 1-10-24; 8:45 am]

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