77 



consistent with the authorized research. The Service believes 

 that in some cases scientific research permits may have been used 

 "as a subterfuge for conducting unauthorized commercial 

 activities," and in its proposed regulations, would place strict 

 limitations on when "marketable products" resulting from 

 permitted scientific research could be sold. 



The Commission concurs that only bona fide research, 

 independent of any commercial or recreational considerations, 

 should be conducted under scientific research permits. Under the 

 proposed rule some photographs and films obtained by researchers 

 could still be sold or otherwise disseminated, but only in 

 limited instances. In some instances these limitations make 

 sense; in others they may not. 



The Commission also believes, however, that the problem 

 could be overcome by amending the Act to enable the Secretaries 

 of Commerce and the Interior to issue permits authorizing the 

 taking of marine mammals, including depleted species, incidental 

 to filming for either educational or commercial purposes under 

 certain conditions (e.g., when the effects on individuals and 

 populations clearly would be negligible) . Thus, photography 

 would continue to be allowed without permit where no harassment 

 takes place, incorporated under scientific research permits when 

 appropriate, and authorized as an independent activity when 

 impacts would be negligible. 



Another major problem with the existing statutory scheme for 

 authorizing scientific research permits is the lack of any means 

 for waiving the 3 0-day public notice and comment requirement. In 

 some situations the Secretaries' inability to expedite permit 

 issuance has delayed research necessary to detect, understand, or 

 alleviate known or possible threats to marine mammals. In other 

 instances, unique or unanticipated research opportunities have 

 been lost because a permit could not be issued quickly enough. 



To address these problems, the Commission believes that it 

 would be desirable to amend the Act to authorize the Secretaries 

 to issue permits before the end of the 30-day public comment 

 period when delaying initiation of research could result in harm 

 to a species, population, or individual marine mammal, or result 

 in loss of unique research opportunities that could not 

 reasonably have been foreseen. As with the parallel provision of 

 the Endangered Species Act, which authorizes waivers of the 

 public comment period for permits when delay would threaten the 

 health or life of an endangered animal, the Secretary should be 

 required to publish a notice of such a waiver, and the reasons 

 for it, in the Federal Register within 10 days of permit 

 issuance. 



The Commission believes that the other problems with the 

 scientific research program identified by the workshop 



