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Mammal Protection Act's notice and comment requirement when 

 certain conditions are met. These conditions could include prior 

 notification of intent to import specimens, a statement of 

 scientific purpose, appropriate certification that the materials 

 were collected and will be exported in accordance with the laws 

 of the country of origin and any other applicable authority, and 

 notification of what specimen material was actually imported. 



As noted above, there has been some confusion regarding 

 implementation of the requirement enacted in 1988 that only 

 research for bona fide scientific purposes be authorized. While 

 the National Marine Fisheries Service is trying to alleviate this 

 problem through adoption of a regulatory definition of the term, 

 it might be useful if Congress, in report language, were to 

 provide additional guidance. In this regard, the Committee might 

 indicate its intention that the term bona fide , as used in 

 section 104(c)(3) of the Act, be given its common definition, 

 i.e. that it refers to an application made in good faith without 

 fraud or deceit, an application made with earnest intent, and a 

 scientific purpose which is nether specious nor counterfeit. 



Activities other than research that have been conducted 

 under the authority of scientific research permits in the past 

 include documentary film making and commercial photography. 

 While it is clear that some filming and photography of marine 

 mammals can be done in ways not likely to harass the animals, 

 approaches that do cause harassment may, in other instances be 

 necessary. The Commission believes that these activities can 

 serve extremely useful educational functions. Unfortunately, the 

 Act, as it exists, provides no straightforward way to authorize 

 such taking, except through formal rulemaking, and then only for 

 non-depleted species and populations. 



If only non-depleted marine mammals were involved, film 

 makers and photographers could seek a waiver of the moratorium. 

 But, this process is unnecessarily complex and expensive in light 

 of the type and level of taking that would be involved. It also 

 should be noted that, as with public display permits, waivers may 

 not authorize the taking of depleted marine mammals. 



Also, filming and photography, while they can serve to raise 

 public awareness of and appreciation for marine mammals, do not 

 fit under the permit authority for enhancement added to the Act 

 in 1988. Because there is no available alternative, scientific 

 research permits have been used to authorize takings which occur 

 while photographing or filming marine mammals. 



The National Marine Fisheries Service has noted that there 

 have been some problems associated with allowing commercial 

 filming and photography under scientific research permits. At 

 times, the desire to obtain valuable footage or pictures may 

 create an incentive to approach animals in ways not necessarily 



