Marine Mammal Permit Regulations Advanced Notice of Proposed Rulemaking
Overview
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). Permit regulations (50 CFR part 222) pursuant to Section 10 of the Endangered Species Act require permits for threatened and endangered marine mammals to be issued in accordance with the regulations at 50 CFR 216, subpart D. 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 (72 FR 58279) closed on December 13, 2007. Public comments [pdf] [3.8 MB] received on the ANPR are available for review.
- Permit Regulations ANPR [pdf]
(72 FR 52339, September 13, 2007) - MMPA Regulations: 50 CFR 216 [pdf]
Background
On May 10, 1996, a final rule was published establishing requirements for issuing permits to take, import, or export marine mammals (including endangered and threatened marine mammals) and marine mammal parts under NMFS jurisdiction for purposes of scientific research and enhancement, photography, and public display.
This ANPR primarily solicits general input from the public on how NMFS could streamline, clarify, or change sections of these regulations to improve the process for obtaining a permit (see 50 CFR Subpart D-Special Exceptions, sections 216.30 – 216.45). We will also consider recommendations regarding changes to any of the sections of 50 CFR part 216 prior to proposed rulemaking. These regulations are available at the links above and should be read in conjunction with the ANPR.
Specific recommended changes to the regulations include the following:
- Changing requirements regarding NEPA determinations such that NEPA documentation is not required at the time an application is made available for public review and comment.
- Allowing only minor amendments to original permits, not major vs. minor as currently exists; any proposed change such as an increased level of take would require a new permit since the regulatory process for issuing a major amendment is currently consistent with processing a new application.
- Applying the General Authorization (GA) to research activities involving Level A harassment of non-ESA listed marine mammals; currently the GA only applies to research activities that result in Level B harassment.
- Implementing a "permit application cycle" for application submission and processing of all marine mammal permits;
- Consolidating sections of the regulations that pertain to the transfer of marine mammal parts (including those taken from non-listed stranded animals and those taken under permit from both listed and non-listed marine mammals) to provide consistency and eliminate confusion in interpretation.
- Adding provisions for long-term captive maintenance of non-releasable ESA-listed marine mammals.
- Writing regulations for photography permits such that it would be similar to the GA process.
Comments
Please provide comments by the close of the comment period (December 13, 2007). Comments may be submitted as follows:
- By mail to:
Chief, Permits, Conservation and Education Division
Attn: Permit Regulations ANPR
Office of Protected Resources, NMFS
1315 East-West Highway
Room 13705
Silver Spring, MD 20910 - By facsimile at (301) 427-2521, followed by mail;
- By email to NMFS.Pr1Comments@noaa.gov (include in the subject line of the email "Permit Regulations ANPR"); or
- Via the Federal e-Rulemaking Portal: http://www.regulations.gov.
More Information
For further information please contact Michael Payne (Michael.Payne@noaa.gov) or Amy Sloan (Amy.Sloan@noaa.gov) by email or at (301) 713-2289.
