Chapter XI 



PERMITS AND AUTHORIZATIONS 

 TO TAKE MARINE MAMMALS 



The Marine Mammal Protection Act places a 

 moratorium, with certain exceptions, on the taking 

 and importing of marine mammals and marine mam- 

 mal products. One exception provides for the issu- 

 ance of permits by either the Secretary of Commerce 

 or the Secretary of the Interior, depending on the 

 species of marine mammal involved, for the taking or 

 importation of marine mammals for purposes of 

 scientific research, public display, or enhancing the 

 survival or recovery of a species or stock. Provisions 

 were added to the Act in 1994 allowing the issuance 

 of permits to authorize the taking of marine mammals 

 in the course of educational or commercial photogra- 

 phy and the importation of sport-hunted polar bear 

 trophies from Canada. Activities with respect to polar 

 bear trophy imports are discussed in Chapter VI. 



Other provisions of the Act allow the Secretaries of 

 Commerce and the Interior to authorize the take of 

 small numbers of marine mammals incidental to 

 activities other than commercial fisheries. Small-take 

 authorizations are discussed later in this chapter. 



Implementation of 

 Permit-Related Amendments 



As detailed in the previous annual report, the 

 Marine Mammal Protection Act's permit provisions 

 were amended in 1994. Among other things, the 

 amendments place new restrictions on the export of 

 marine mammals to foreign facilities; streamline 

 procedures for authorizing scientific research that does 

 not involve capturing marine mammals and does not 

 have the potential to injure marine mammals; expedite 

 the issuance of scientific research permits when delay 

 could result in injury to a marine mammal or in the 

 loss of unique research opportunities; and establish a 

 new permit category for commercial and educational 



photography. Also, as discussed in Chapter VI, a 

 new permit category was created under which polar 

 bear trophies from Canada could be imported. 



Export of marine mammals was not addressed 

 previously under the Marine Mammal Protection Act. 

 Under the 1994 amendments, however, unauthorized 

 export of a marine mammal is prohibited, and provi- 

 sions were added to specify when the export of marine 

 mammals for purposes of public display, scientific 

 research, or species enhancement is permissible. 

 Exports for such purposes are only allowed when the 

 foreign facility meets standards comparable to the 

 requirements that must be met by facilities in the 

 United States with respect to education and conserva- 

 tion programs, Animal and Plant Health Inspection 

 Service licensure or registration, and public accessibil- 

 ity. Further discussion of Animal and Plant Health 

 Inspection Service requirements is provided in Chap- 

 ter XII. 



The Act was amended in 1994 to establish a 

 streamlined procedure for authorizing research that 

 involves taking only by Level B harassment — i.e., 

 any act of pursuit, torment, or annoyance that has the 

 potential to disturb but not injure a marine mammal or 

 marine mammal stock. The amendment requires the 

 National Marine Fisheries Service and the Fish and 

 Wildlife Service, within 120 days of enactment of the 

 new provision, to publish regulations implementing 

 this new "general authorization." The National 

 Marine Fisheries Service on 3 October 1994 published 

 an interim final rule implementing the new provision. 



Researchers conducting investigations involving 

 aerial surveys, photo-identification, and other non- 

 invasive techniques typically would be covered under 

 the general authorization and are no longer required 

 to obtain a permit. To be covered under the general 



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