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Marine Mammal Authorization Program (MMAP)

Purpose | Registration | Fisheries | Authorization | Mortality/Injury | Deterrence | Observers | Contacts | More Information

The purpose of the Marine Mammal Authorization Program (MMAP) is to provide an authorization for commercial fishers from the general taking prohibitions of the Marine Mammal Protection Act (MMPA). Information on marine mammal interactions with commercial fishers collected under this program, as well as other sources, will provide the basis for determining whether the incidental serious injury and mortality of marine mammals in commercial fishing operations has been reduced to insignificant levels approaching a zero mortality and serious injury rate.

Who Needs to Register?

As of March 1, 1996, the owner of a vessel or non-vessel gear engaging in a Category I or II fishery must obtain a marine mammal authorization from the National Marine Fisheries Service (NMFS), or its designated agent, in order to lawfully incidentally take a marine mammal in a commercial fishery. The fee for obtaining a new or renewed authorization each year is $25, unless otherwise specified in the list of fisheries published annually by NMFS. Upon receipt of a completed registration, vessel owners will be issued an authorization certificate to be in the possession of the operator while fishing. Owners of vessels or non-vessel gear in Category III fisheries may incidentally take marine mammals without registering for or receiving an authorization.

What is a Category I, II, or III Fishery?

The MMPA requires all commercial fisheries to be placed in one of three categories, based on the relative frequency of incidental serious injuries and mortalities of marine mammals in each fishery:

  • Category I designates fisheries with frequent serious injuries and mortalities incidental to commercial fishing;
  • Category II designates fisheries with occasional serious injuries and mortalities;
  • Category III designates fisheries with a remote likelihood or no known serious injuries or mortalities.

Regulations to implement the 1994 amendments to the MMPA established new criteria for defining "frequent," "occasional," and "remote likelihood," based on the impact of fishery-related serious injuries and mortalities on each marine mammal stock. Every year, NMFS reviews and revises its list of Category I, II, and III fisheries based on new information. Consequently, the requirement to register with NMFS may change from one year to the next. Changes to the list of fisheries are broadly publicized each year.

How Are Marine Mammal Authorizations Obtained?

Vessel owners must have a valid authorization certificate in hand before resumption of fishing each year. NMFS recommends that completed registration forms be submitted at least 30 days in advance of fishing.

In the Northeast and Southeast Regions, NMFS has integrated the annual MMAP registration process within existing state and Federal fishery license, registration, or permit systems. For more information, please see the Northeast Region MMAP website or the Southeast Region MMAP website.

In certain fisheries, registration for a marine mammal authorization may be coordinated with existing state and/or Federal fishery or vessel permitting or licensing programs. If applicable, vessel owners will be notified of this simplified registration process when they apply for their state or Federal permit or license.

NMFS hopes to have this form of "one-stop-permitting" available to all vessel owners in the future.

Download the registration form [pdf] and an overview of MMAP requirements for commercial fishers [pdf].

How to report a mortality/injury of a marine mammal incurred during the course of fishing operations

pilot whale lying on the deck of a boat
Pilot Whale mortality
(Globicephala sp.)
Photo: Mandy Merklein, P. Michael Payne


Download the MMAP mortality/ injury reporting form and instructions [pdf].

All vessel owners or operators, regardless of the category of fishery they participate in, must report all incidental injuries and mortalities of marine mammals that have occurred as a result of commercial fishing operations. Reports must be sent to NMFS, by mail or fax, within 48 hours of the end of a fishing trip in which the serious injury or mortality occurred, or, for non-vessel fisheries, within 48 hours of the occurrence.

NMFS provides postage-paid reporting forms to all Category I and II vessel owners and also provides major ports and marinas with a supply of postage-paid reporting forms. Failure to report all incidental injuries and mortalities within 48 hours of the end of each fishing trip (or within 48 hours of an occurrence of an incidental injury or mortality in a non-vessel fishery) will subject such persons to suspension, revocation, or denial of a marine mammal authorization.

NMFS has defined a marine mammal injury as a wound or other physical harm. Signs of injury may include, but are not limited to:

  • visible blood flow
  • loss of or damage to an appendage or jaw
  • inability to use one or more appendages
  • asymmetry in the shape of the body or body position
  • any noticeable swelling or hemorrhage (bruising)
  • laceration (deep cut)
  • puncture or rupture of eyeball
  • listlessness or inability to defend itself
  • inability to swim or dive upon release from fishing gear
  • signs of equilibrium imbalance
  • ingestion of gear
  • released trailing gear/gear perforating body
  • other wound or injury

Any animal that ingests fishing gear, or any animal that is released with fishing gear entangling, trailing, or perforating any part of the body will be considered injured regardless of the absence of any wound or other evidence of injury.

Can Marine Mammals be Deterred From Fishing Gear and Catch?

Vessel owners are strictly prohibited from intentionally lethally taking marine mammals in the course of commercial fishing operations. An authorization is provided for an intentional lethal take imminently necessary in self-defense or to save the life of another person. If a marine mammal is killed in self-defense or to save the life of another person, a report must be filed with NMFS within 48 hours of the end of the fishing trip or, for non-vessel fisheries, within 48 hours of the mortality.

The MMPA section 118 specifies that NOAA Fisheries develop and implement take reduction plans (TRPs) to assist in the recoery or prevent the depletion of strategic marine mammal stocks that interact with Category I and II fisheries. NOAA Fisheries convenes take reduction teams (TRTs) to develop such TRPs.

Which Fisheries Will Carry Observers?

The MMPA provides NMFS with the authority to place observers on any Category I or II vessel. The purpose of observer programs is to:

  • obtain reliable estimates of incidental serious injury and mortality of marine mammals
  • determine the reliability of reports submitted by vessel owners and operators
  • identify changes in fishing methods or technology that may increase or decrease incidental serious injury or mortality.

Fishing industry representatives will be notified and public meetings held whenever possible to provide advance notification to a fishery that observers will be required. Vessels that are notified of their requirement to carry an observer must comply with regulations regarding advance notification of anticipated fishing activity, cooperation with the observer in the performance of the observer's duties, and, when feasible, the collection and retention of marine mammals incidentally killed. Statutory changes in the 1994 amendments to the MMPA no longer exempt fishers from civil actions if an observer is ill, disabled, injured, or killed in the course of service. Vessel owners may wish to consider liability insurance to protect themselves if an accident occurs.

Contacts

For more information on the Marine Mammal Authorization Program (MMAP), or to obtain hardcopies of marine mammal authorization [pdf] or reporting form [pdf], contact your nearest NMFS office:

Patricia Lawson
NMFS Office of Protected Resources
1315 East-West Highway
Silver Spring, MD 20910
301-713-2322
patricia.lawson@noaa.gov

NMFS Alaska Region
P.O. Box 21668
709 West 9th Street
Juneau, AK 99802
907-586-7235

Brent Norberg
NMFS Northwest Region
1201 NE Lloyd Boulevard, Suite 1100
Portland, Oregon 97232-1274
206-526-6733
brent.norberg@noaa.gov

Lyle Enriquez
NMFS Southwest Region
501 West Ocean Blvd. Suite 4200
Long Beach, CA 90802
562-980-4025
lyle.enriquez@noaa.gov

Marcia Hobbs
NMFS Northeast Region
One Blackburn Drive
Gloucester, MA 01930
978-281-9328
marcia.hobbs@noaa.gov

Teletha Mincey
NMFS Southeast Region
263 13th Avenue South
St. Petersburg, FL 33701
727-824-5301
teletha.mincey@noaa.gov

More Information

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