Permits and Authorizations To Take Marine Mammals (Chapter XI) 



As exceptions to the Marine Mammal Protection Act's moratorium on taking marine 

 mammals, permits may be obtained to take marine mammals for scientific research, public 

 display, and enhancing marine mammal populations. These are issued by the National Marine 

 Fisheries Service and the Fish and Wildlife Service, in consultation with the Commission. 

 Amendments to the Act in 1994 establish a new permit category to allow harassment during 

 commercial and educational photography and also streamline the process for authorizing 

 scientific research that involves only non-injurious disturbance. 



In 1995 the Commission reviewed and commented on 34 permit applications and 45 

 requests for permit modifications. The activities of 17 researchers were authorized under the 

 streamlined general authorization for scientific research. Particular attention was given to 

 permits for research to assess the possible effects of the Acoustic Thermometry of Ocean 

 Climate (ATOC) Program, which involves powerful underwater sound sources to measure broad 

 ocean basin temperature change. The first application for a photography permit was also 

 received. 



The Marine Mammal Protection Act also authorizes the National Marine Fisheries 

 Service and the Fish and Wildlife Service to issue regulations for authorizing the take of small 

 numbers of marine mammals incidental to activities other than commercial fishing, provided the 

 taking would have a negligible impact on marine mammal stocks. The 1994 amendments 

 provided a streamlined process when only harassment is involved. In 1995 small-take 

 authorizations were issued for rocket launches at Vandenberg Air Force Base in California, 

 seismic surveys off California, oil and gas exploration off Alaska, explosive removal of old oil 

 and gas platforms in the Gulf of Mexico, and a dock construction project in the State of 

 Washington. 



Marine Mammals in Captivity (Chapter XII) 



The handling, care, treatment, and transportation of captive marine mammals is regulated 

 by the Animal and Plant Health Inspection Service under the Animal Welfare Act. In 1994 the 

 Marine Mammal Protection Act was amended to reduce the authority of the National Marine 

 Fisheries Service and the Fish and Wildlife Service over such matters. In light of the changes, 

 the Commission offered to convene an interagency panel to review the Animal and Plant Health 

 Inspection Service's marine mammal program to identify staffing and funding needs. It also 

 provided the Service with a draft report to guide the review. The review has not yet been 

 undertaken. 



In 1995 the Animal and Plant Health Inspection Service pursued two new rulemaking 

 efforts. In January it published proposed rules to regulate swim-with-the-dolphin programs 

 (previously regulated by the National Marine Fisheries Service under the Marine Mammal 

 Protection Act). Final rules are expected in 1996. The Service also began a negotiated 

 rulemaking process to update standards for the care and maintenance of marine mammals. The 



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