13 



on the aiTected species, populations stocks, and individuals; and (2) for activities 

 likely to have little or no adverse effects on either individuals or populations, to re- 

 place the existing permit requirement with a simple notification and reporting re- 

 quirement. Such an approach would require that: (a) the individual or organization 

 planning to conduct the research notify the National Marine Fisheries Service or the 

 Fish and Wildlife Service, as appropriate, of the nature and scope of the planned 

 studies at least 60 days before the studies are scheduled to begin; and (b) a report 

 be provided to the National Marine Fisheries Service or the Fisn and Wildlife Serv- 

 ice, as appropriate, within 60 days after the field work is completed. Such an ap- 

 proach woula allow the Services to require a permit if it were not clear that the 

 notified activity, by itself or in combination with other activities, would have a neg- 

 ligible impact on the affected species or population stock. It would also help the 

 Services to develop the database necessary to verify that the various activities are 

 properly classified. 



Ine Marine Mammal Protection Act requires that applications for permits be pub- 

 lished in the Federal Register for a 30-day public review and comment period before 

 the permit can be issued. There is no provision in the Act for waiving the public 

 comment period, even when unique scientific opportunities would be lost or com- 

 promised. For example, when an unusual event like the Exxon Valdez oil spill oc- 

 curs, it is not possible to get authority in less than 30 days to capture, take samples 

 from, or otherwise take animals not affected by the event to develop the baseline 

 necessary to determine the nature and scope of the possible effects. Similarly, a sci- 

 entist finding a previously unknown marine mammal aggregation in a remote area 

 like Antarctica, where little work has been done before, would be unable, in less 

 than 30 days, to get authority to tag or collect samples from the animals, even 

 though the opportunity could not have been anticipated and, because of logistic con- 

 straints, it may not be possible to return to the area for many years. 



Such problems could be avoided by authorizing the issuance of permits to allow 

 the take of marine mammals for purposes of scientific research before the end of 

 the 30-day comment period, when the Secretary, in consultation with the Marine 

 Mammal Commission, determines that such taking would further a legitimate sci- 

 entific purpose that would otherwise be lost or compromised. Such special authoriza- 

 tion should not be used in any instance where the applicant could have anticipated 

 the situation and obtained the necessary authorization in the usual way. 



Finally, the possible difficulties associated with photography for educational and 

 commercial purposes being done in conjunction with, or under the guise of, scientific 

 research could be avoidecfby amending the Act to authorize the Secretaries of the 

 Interior and Commerce to issue permits for such activities — i.e., to approach and 

 possibly disturb marine mammals in the wild while taking still pictures, motion pic- 

 tures, or videotapes for educational or commercial purposes — when the activities 

 clearly would have a negligible impact on the affected species or population stock. 

 If there is any uncertainty that authorized activities would be done with negligible 

 impact, the presence of an enforcement agent, to be paid for by the person or organi- 

 zation doing the work, could be required to ensure that these activities are con- 

 ducted as authorized. 



COMMERCIAL WHALEWATCfflNG 



Properly done, commercial whalewatching can further the conservation and pro- 

 tection of marine mammals and their habitat. It provides an opportunity for the 

 public to see whales in the wild and, whUe doing so, to learn about conservation 

 issues and how they can help address them. 



Commercial whalewatching boats can also serve as platf6rms of opportunity from 

 which to observe and learn more about: the movement, behavior, and demographic 

 patterns of whales; how whalewatching should be conducted to avoid affecting feed- 

 ing, breeding, or other vital functions; and how commercial shipping, recreational 

 boating, and other activities may be affecting whales and important feeding, breed- 

 ing, resting, and migratory areas. Such boats also can provide a means for collecting 

 longtime series of data on distribution, habitat-use patterns, abundance, and indi- 

 vidual survival and calving rates that can be used to detect and monitor population 

 trends. Such data, when combined with environmental data and data from 

 necropsies of dead cetaceans found washed up on beaches, may provide a useful 

 index of the health of the world's oceans. 



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

 marine mammals, and provides that taking of species listed as either endangered 

 or threatened under the Endangered Species Act or depleted under the Marine 

 Mammal Protection Act, may be authorized only for certain limited purposes. Inten- 

 tional taking can be authorized only for scientific research or ennancement pur- 



70-912 0-94-2 



