MARINE MAMMAL COMMISSION - Annual Report for 1998 



process applications for public display and photogra- 

 phy permits and implement public display provisions 

 using existing regulations, interim guidelines, and the 

 applicable statutory provisions. 



In addition to authorizing permits for scientific 

 research, public display, enhancement, and education- 

 al and commercial photography, the Marine Mammal 

 Protection Act, as amended in 1994, establishes a 

 general authorization for scientific research that 

 involves taking only by Level B harassment (i.e., any 

 act of pursuit, torment, or annoyance that may disturb 

 but not injure a marine mammal or marine mammal 

 stock in the wild). Researchers conducting aerial 

 surveys, photoidentification studies, or other activities 

 likely to cause no more than simple disturbance 

 typically are covered by this general authorization and 

 are no longer required to obtain a permit. However, 

 researchers conducting such activities involving 

 marine mammals listed as endangered or threatened 

 still must obtain permits. Interim regulations imple- 

 menting the general authorization for Level B harass- 

 ment were issued by the National Marine Fisheries 

 Service on 3 October 1994. As discussed in previous 

 annual reports, the Commission submitted comments 

 on 1 December 1994. In part, the Commission noted 

 several areas in which the regulations deviate from the 

 statutory requirements and need to be clarified. The 

 Service has indicated that final regulations, taking into 

 account comments submitted by the Commission and 

 others on the 1994 interim regulations, will be pub- 

 lished in 1999. 



Since enactment of the general authorization, 

 several researchers have availed themselves of this 

 streamlined authorization process. Two researchers in 

 1994, 16 researchers in 1995, 15 researchers in 1996, 

 7 researchers in 1997, and 9 researchers in 1998 have 

 been issued letters confirming that their activities 

 comply with the general authorization. It appears that 

 the general authorization for certain types of research 

 has alleviated delays associated with issuing permits 

 for such activities. 



As discussed in previous annual reports, the 

 Commission wrote to the Fish and Wildlife Service in 

 1990 recommending that it work with the National 

 Marine Fisheries Service to ensure consistent interpre- 

 tation and implementation of the permit provisions of 



the Marine Mammal Protection Act and related 

 legislation. The Fish and Wildlife Service subse- 

 quently informed the Commission that it intended to 

 defer adoption of revised permit regulations until the 

 National Marine Fisheries Service had published its 

 revised regulations. The Fish and Wildlife Service 

 expected to propose its own regulations at that time, 

 drawing on the National Marine Fisheries Service's 

 regulations as appropriate. As of the end of 1998, the 

 Fish and Wildlife Service had yet to propose revisions 

 to its Marine Mammal Protectin Act permit regula- 

 tions or publish regulations implementing the general 

 authorization for scientific research. 



Permit Application Review 



Whether for a scientific research, public display, 

 species enhancement, or photography, the application 

 review process involves the same four stages: (1) 

 receipt and initial review of the application by either 

 the Department of Commerce or the Department of 

 the Interior; (2) publication in the Federal Register of 

 a notice of receipt of the application, inviting public 

 review and comment, and transmittal to the Marine 

 Mammal Commission; (3) review of the application 

 by the Commission, in consultation with its Commit- 

 tee of Scientific Advisors, and transmittal of its 

 recommendation to the department; and (4) final 

 departmental action after consideration of comments 

 and recommendations by the Commission and the 

 public. If captive maintenance of animals is involved, 

 the views of the Animal and Plant Health Inspection 

 Service on the adequacy of facilities and transportation 

 arrangements also must be considered. Figure 15 

 illustrates this process. 



Once a permit has been issued, it can be amended 

 by the responsible agency, provided the proposed 

 amendment meets statutory and regulatory require- 

 ments. In some cases, an amendment is subject to the 

 same notice, review, and comment procedures as a 

 permit application. A major amendment of an exist- 

 ing permit, including a request for an extension of 

 more than 12 months beyond its original term, a 

 request for authorization to take additional animals, or 

 a request for authorization to continue activities under 

 a permit is subject to review by the Commission. 



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