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on both the applicants and the agencies. 



Since enactment of the 1988 amendments, many scientists, 

 including members of the Commission and its Committee of 

 Scientific Advisors, have complained that it takes longer than it 

 should and more information than necessary is reguired to obtain 

 permits for scientific research. In response to these concerns, 

 the Commission convened two workshops in 1993 to discuss the 

 perceived problems and to identify possible solutions. Related 

 factors noted by workshop participants included the following: 

 (1) instructions to applicants are overly long, unclear, and not 

 linked to the statutory and regulatory findings that must be 

 made; (2) implementation of the requirement that research be 

 " bona fide " has been more rigorous than was originally intended 

 by Congress; (3) even for experienced scientists, it is not 

 always possible to reasonably estimate in advance how and how 

 many animals may be taken, particularly by harassment, in the 

 course of certain types of research; (4) there is no mechanism to 

 expedite permit issuance when necessary to (a) protect or 

 otherwise benefit a species, population, or individual marine 

 mammal which is in jeopardy, or (b) enable researchers to respond 

 to the presence of uncommon animals or other unanticipated 

 research opportunities that would otherwise be lost; (5) some 

 permits contain unreasonably restrictive conditions and demanding 

 reporting requirements; (6) all research permit applications are 

 processed, and the research itself regulated, the same regardless 

 of the degree and type of take or the status of the marine 

 mammals involved; and (7) there is no way to authorize possible 

 harassment of endangered, threatened, or depleted marine mammals 

 in the course of making documentary films or taking photographs 

 for either educational or commercial purposes. 



Workshop participants identified several actions that could 

 be taken to address these problems. They suggested specific 

 changes to the permit application instructions currently used by 

 the National Marine Fisheries Service that would make them more 

 understandable to researchers, thereby reducing the possibility 

 that incomplete or otherwise deficient applications would be 

 submitted. In this regard, it might be helpful if Congress were 

 to take steps to encourage the National Marine Fisheries Service 

 and the Fish and Wildlife Service, in consultation with the 

 Marine Mammal Commission and its Committee of Scientific Advisors 

 on Marine Mammals, to develop and make available to the 

 scientific community clear and concise instructions for preparing 

 and submitting applications for permits to take marine mammals 

 for purposes of scientific research. Further, it would be useful 

 if Congress were to direct the Services to institute procedures 

 whereby they would advise applicants, within 30 days of receiving 

 an application, as to whether the application contains sufficient 

 information to make the required determinations and, if not, 

 precisely what additional information is required. 



