6 



spection Service participated in the working sessions, submitted 

 comments on the discussion paper, and were consulted concerning 

 specific aspects of the permit program. The results of these working 

 sessions, together with 312 letters received in response to the dis- 

 cussion paper, identified areas of the permit program in greatest 

 need of revision. These revisions would require modification of ex- 

 isting permit regulations. 



In considering these needed improvements and revisions, the Na- 

 tional Marine Fisheries Service reexamined the Marine Mammal 

 Protection Act and its legislative history to ensure that any pro- 

 posed revisions would be consistent with its purposes, policies and 

 provisions. As a result, the National Marine Fisheries Service has 

 developed proposed revised permit regulations both to address di- 

 rectly the problems identified through litigation and to make per- 

 mit-related matters less vulnerable to future litigation. 



Other areas of the permit program identified during the review 

 as needing improvement, included the National Marine Fisheries 

 Service administrative tools and procedures, changes to which 

 would not require revisions to the permit regulations such as the 

 instructions to applicants, communication with applicants and data 

 base management. Many improvements in these administrative 

 areas have been implemented, and the National Marine Fisheries 

 Service intends to make several more in conjunction with revisions 

 to the permit regulations. 



The proposed revised permit regulations have been forwarded to 

 the Office of Management and Budget this week. And following the 

 OMB's review, they will be published in the Federal Register for 

 public comment. During the administrative review of the permit 

 program, the National Marine Fisheries Service has heard regu- 

 larly from representatives of the various groups and interests rep- 

 resented at this hearing today. 



Because of their substantive participation in the permit progpram 

 review and in many subsequent discussions, the National Marine 

 Fisheries Service has a much better understanding of the extent of 

 the many permit-related issues and problems encountered during 

 the last 20 years by these groups. As a result, the National Marine 

 Fisheries Service is confident that the permit-related issues and 

 problems noted by these various gn'oups are addressed comprehen- 

 sively in the proposed revised permit regulations. 



We look forward to the publication of these proposed revised per- 

 mit regulations and the many comments we expect to receive from 

 the regulated communities, interest gfroups, and the public. 



These revised permit regulations address only those issues and 

 problems that could be addressed within the scope and limitations 

 of the current law. In preparing these proposed revisions, the Na- 

 tional Marine Fisheries Service has encountered some issues that 

 we believe can be addressed solely through changes to the law. And 

 these include: 



A permit or licensing mechanism to authorize limited types of 

 take in the wild. For example, harassment, for educational pur- 

 poses. An example of this would be documenta^ filming, whale- 

 watching, and other similar activities conducted in the wild for 

 educational purposes. 



