Funds available to the Commission to conduct its research remained at an unacceptably 

 low level in 1998. As a result, the Commission was unable to address many of the issues that 

 it considered important and appropriate for focused study. 



Permits and Authorizations to Take Marine Mammals (Chapter IX) 



The Marine Mammal Protection Act established a moratorium on the taking of marine 

 mammals. Taking is broadly defined to include harassing and capturing, as well as hunting and 

 killing animals. To allow certain activities that would or could involve such taking while 

 ensuring that they do not adversely affect marine mammals or marine mammal stocks, the Act 

 provides for the issuance of permits {e.g., for scientific research, public display, and enhancing 

 species recovery), letters of authorization {e.g., for activities related to offshore oil and gas 

 exploration and development and certain military activities), and general authorizations for 

 research involving only taking by harassment. Depending on the species involved, the Act 

 requires decisions on authorizing such activities to be made by the Secretary of Commerce or 

 the Secretary of the Interior in consultation with the Marine Mammal Commission. This chapter 

 discusses the process by which permits and letters of authorization are issued. During 1998 the 

 Commission reviewed and made recommendations on 27 permit applications and 43 requests to 

 modify existing permits. 



The National Marine Fisheries Service is considering revising its regulations governing 

 permits for scientific research, public display, species enhancement, and educational and 

 commercial photography. A proposed rule may be published for public review in 1999. The 

 Fish and Wildlife Service has deferred plans to revise its marine mammal permit regulations 

 until the National Marine Fisheries Service does so. 



To streamline the process for authorizing certain types of marine mammal research, the 

 Marine Manmial Protection Act was amended in 1994 to establish a general authorization for 

 research activities that have the potential to disturb, but not injure marine mammals {e.g., aerial 

 surveys and photoidentification studies). This provision appears to have expedited authorization 

 for many research activities not involving threatened or endangered species. 



Section 101(a)(5)(A) of the Act directs the Secretaries of Commerce and the Interior to 

 develop regulations to authorize the take of marine mammals incidental to activities other than 

 commercial fishing if the take is unintentional, involves small numbers of marine mammals, has 

 a negligible impact on the affected stocks, and has no unmitigable adverse effects on the 

 availability of the species for taking by Alaska Natives. Such authorizations may be issued for 

 up to five years. To streamline this process, the Act was amended in 1994 to allow 

 authorization of such activities by the Secretaries without developing regulations if only taking 

 by harassment is involved. These authorizations may be issued for up to one year. In 1998 the 

 Commission reviewed and commented on regulations and requests for letters of authorization 

 for a variety of activities under these provisions. The activities included those related to 

 offshore oil and gas exploration and development {e.g., seismic surveys, drilling, platform 



XV 



