FR 2021-02431

In a recent notice published in the Federal Register, America Films, Ltd. has submitted an application to the National Marine Fisheries Service (NMFS) for a permit to film gray whales off the coast of California. This filming is intended for a television series that showcases North American wildlife and is planned to take place in April 2021. The filmmakers propose using a vessel and an unmanned aircraft system for capturing footage. This initiative is supported by the Marine Mammal Protection Act, which regulates the taking and importing of marine mammals in the United States.

General Summary

The project aims to highlight the natural beauty and behaviors of gray whales as they migrate along the California coast. While the primary focus is on gray whales, the filmmakers acknowledge the possibility of incidental disturbances to other marine animals such as sea lions, harbor seals, and various species of dolphins. The broadcast of this project is scheduled for 2022 on the National Geographic Channel and Disney+.

Significant Issues and Concerns

1. Timing of Public Comments: The notice specifies that public comments on the application must be received by March 8, 2021, but it does not indicate a specific time or time zone for submission. This absence of detail could lead to uncertainties for those submitting their feedback, potentially affecting the inclusivity of the comment process.

2. Impact on Marine Animals: The document mentions potential incidental harassment of marine animals other than gray whales but does not delve into the measures that will be taken to minimize such impacts. This lack of detail can raise concerns regarding the welfare of these species and might necessitate clarifications on the mitigation strategies in place.

3. Environmental Assessment: The notice briefly states the activity is categorically excluded from the requirement to prepare an environmental assessment or impact statement. This decision, while consistent with certain regulatory exemptions, may invite questions about the potential environmental effects of the filming activities and why a more comprehensive assessment was not deemed necessary.

Impact on the Public

This document is of particular interest to those following environmental and wildlife conservation matters. Public participation is encouraged through comments, allowing individuals to express support or concerns regarding the proposed filming activities. The lack of clarity regarding the submission deadline, however, might limit effective public engagement.

Impact on Specific Stakeholders

Filmmakers and Media Producers: America Films, Ltd. and their collaborators stand to benefit from this undertaking, as it would allow them to create visually captivating content that can potentially attract a broad audience interested in wildlife and nature documentaries.

Environmental Advocates: For those advocating for marine conservation, the initiative presents both an opportunity and a challenge. While showcasing wildlife may raise awareness and appreciation, the lack of detailed mention of protective measures may be concerning and could potentially prompt advocacy for greater transparency and accountability.

Marine Biologists and Conservationists: This project provides an additional opportunity to observe and analyze the behaviors and habitats of gray whales and other marine species, which may contribute valuable insights to science and conservation efforts. However, professionals in this field may also advocate for more stringent evaluations to ensure minimal disturbance to marine life.

Overall, the document signifies a significant step in the process of balancing wildlife filming with conservation imperatives, highlighting the need for careful oversight and public participation.