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NOAA Fisheries
Office of Protected Resources
Acropora palmata thicket on Mona Island, Puerto Rico. Andy Bruckner, 1996Coho salmon painting, Canadian Dept of Fisheries and OceansMonk seal, C.E. BowlbyHumpback whale, Dr. Lou Herman
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Permits
Application Types
Endangered Species Permits
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Marine Mammal Permits
FAQs
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Marine Mammal Permits and Authorizations

Proposed Changes to Permit Regulations
We are considering proposing changes to our implementing regulations and criteria governing the issuance of permits under Section 104 of the Marine Mammal Protection Act (MMPA). We have published an Advanced Notice of Proposed Rulemaking (ANPR) in the Federal Register (72 FR 52339, September 13, 2007) and are soliciting review and comment to better inform the process. The comment period closed on December 13, 2007. Click here for the ANPR and public comments received.

Overview of Marine Mammal Permits
The Marine Mammal Protection Act (MMPA) generally prohibits "take" of marine mammals in U.S. waters by any person and by U.S. citizens in international waters. NOAA Fisheries can authorize take for the following activities:

  • Scientific research
  • Enhancing the survival or recovery of a marine mammal species or stock
  • Commercial and educational photography
  • First-time import for public display
  • Capture of wild marine mammals for public display
  • Incidental take during commercial fishing operations
  • Incidental take during non-fishery commercial activities

Submitting Applications
NOAA Fisheries recommends submitting applications at least 6 months in advance of the intended research start date for non-ESA listed species and at least 1 year in advance for research on ESA-listed species. Permits that involve marine mammals listed under the Endangered Species Act (ESA) require additional review and processing time under the ESA and the National Environmental Policy Act (NEPA). Some species of marine mammals are also protected by the Fur Seal Act (FSA) [pdf], which can mandate additional restrictions.

Processing time for an application starts once the application is determined complete, not on the date received.

Manatees, polar bears, sea otters, walruses, and dugongs are under the jurisdiction of the U.S. Fish and Wildlife Service; you must contact them regarding permits and authorizations for these species.

If you have any questions, please contact the Permits, Conservation and Education Division at 301-713-2289 before submitting an application.

ESA-Listed Marine Mammals
If any of the target species you are requesting a permit/authorization to cover are listed as endangered or threatened under the ESA, you will need to apply for permits and authorizations from the list below.

Non-ESA-Listed Marine Mammals
If none of the target species you are requesting a permit/authorization to cover are listed as endangered or threatened under the ESA, you will need to apply for permits and authorizations for non-listed species from the list below.


Scientific Research and Enhancement Permit
A Scientific Research and Enhancement permit is required for any proposed research activity that involves "take" with the exception of those activities covered by the "General Authorization". Any research involving ESA-listed species also requires a permit. Prior to permit issuance, applications undergo a 30-day public comment period and are reviewed by experts from NOAA Fisheries, the Marine Mammal Commission, and other Federal agencies as appropriate. Currently, NOAA Fisheries recommends submitting applications at least 6 months in advance of the intended research start date for non-ESA listed species and at least 1 year in advance for research on ESA-listed species.

For faster processing, you may submit your application electronically on a 3.5" floppy disk, CD, or as an email attachment. Submitting your application electronically will expedite the review process. However, you will still need to mail a signed original and two hard copies of the application along with the electronic copy.

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General Authorization for Scientific Research
(This authorization applies to research on species not listed under the ESA with research methods involving only "Level B Harassment". Any research involving ESA-listed species or research methods involving "Level A Harassment" will need a Scientific Research and Enhancement Permit.)

The 1994 amendments to the MMPA provided for the General Authorization of Scientific Research (GA) for activities involving only "Level B Harassment" of non-listed marine mammals (i.e., those species not listed as endangered or threatened under the ESA). Essentially, this is a simplified process where researchers submit a Letter of Intent (LOI) that contains detailed information such that NOAA Fisheries can accurately determine whether the research is bona fide and the impacts of the activities are limited to Level B Harassment. Should NOAA Fisheries determine that the project is eligible, based on the information provided by the applicant, no public comment period is necessary. Rather, the researcher receives a letter of Confirmation (LOC) that they are covered under the GA and may commence research activities immediately.

For faster processing, you may submit your application electronically on a 3.5" floppy disk, CD, or as an email attachment. Submitting your application electronically will expedite the review process. However, you will still need to mail a signed original and two hard copies of the application along with the electronic copy.

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Commercial or Educational Photography Permit
(This permit applies only to species not listed under the ESA with methods involving "Level B Harassment" only. This permit does not provide any authorization for activities involving ESA-listed species or methods involving "Level A Harassment". Please contact the Permits, Conservation and Education Division at (301) 713-2289 for any inquiries regarding photography of ESA-listed species.)

Similar to the restrictions that apply to the General Authorization for Scientific Research, the 1994 MMPA amendments also provided new authority to issue permits for educational and commercial photography involving only Level B Harassment of non-listed marine mammals (i.e., those species not listed as endangered or threatened under the ESA).

For faster processing, you may submit your application electronically on a 3.5" floppy disk, CD, or as an email attachment. Submitting your application electronically will expedite the review process. However, you will still need to mail a signed original and two hard copies of the application along with the electronic copy.

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Import for Public Display
The 1994 MMPA amendments eliminated NOAA Fisheries jurisdiction over captive care and maintenance of marine mammals held for public display, placing it under the exclusive jurisdiction of the Animal Welfare Act administered by the Department of Agriculture, Animal and Plant Health Inspection Service (APHIS). However, the MMPA requires that NOAA Fisheries maintain the captive Marine Mammal Inventory Database. As such, it is required that NOAA Fisheries is notified:

  1. 15 days prior to any transport, purchase, sale or export; or
  2. within 30 days after the birth, death or escape of any U.S.-based captive marine mammal in order to update and maintain certain inventory information.

Again, NOAA Fisheries is solely charged with these mandates as they relate to whales, dolphins, porpoises, seals, and sea lions. The U.S. Fish and Wildlife Service handles these issues for polar bears, walruses, sea otters, and manatees.

Although no permits to capture wild marine mammals for purposes of public display have been issued since 1989, NOAA Fisheries still retains jurisdiction over any captures from the wild and any first-time imports of captive marine mammals into the U.S. NOAA Fisheries is also mandated by the MMPA to ensure that U.S.-based captive marine mammals, and their progeny, are afforded comparable protection after export to foreign facilities.

For faster processing, you may submit your application electronically on a 3.5" floppy disk, CD, or as an email attachment. Submitting your application electronically will expedite the review process. However, you will still need to mail a signed original and two hard copies of the application along with the electronic copy.

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Marine Mammal Parts
Marine mammal parts include any part of a marine mammal, both hard and soft, but do not include urine or feces. Marine mammal parts do include parts derived from tissues, such as cell lines and DNA.

A letter of authorization is required for importing or exporting "pre-Act" marine mammal parts for commercial or personal use. Pre-Act parts are either those marine mammal parts taken prior to enactment of the Marine Mammal Protection Act (MMPA) of 1972 or those parts of species listed under the Endangered Species Act (ESA), that are at least 100 years old.

If you would like to receive marine mammal parts taken from stranded marine mammals after 1972 for use for scientific research, education, or curation, please contact the appropriate NOAA Fisheries Stranding Network Coordinator.

If you would like to import or export marine mammal parts taken after 1972 for scientific research or enhancement purposes, you will need to apply for a scientific research permit. You will also need to apply for a scientific research permit if you plan on conducting research using marine mammal cell lines.

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