Marine Mammal Permit Regulations Advanced Notice of Proposed Rulemaking
The Permits, Conservation and Education Division, Office of Protected
Resources, NMFS, is considering proposing changes to its implementing
regulations and criteria governing the issuance of permits for
scientific research and enhancement activities under Section 104 of the
Marine Mammal Protection Act (MMPA). We have published an Advanced
Notice of Proposed Rulemaking (ANPR) in the Federal Register and are
soliciting review and comment to better inform the process. The ANPR
and MMPA implementing regulations (50 CFR part 216) can be found at
http://www.nmfs.noaa.gov/pr/permits/mmpa_anpr.htm.
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. NMFS intends to revise these
regulations to streamline and clarify permitting requirements, simplify
procedures for transferring marine mammal parts, possibly apply the
General Authorization (GA) to research activities involving Level A
harassment of non-ESA listed marine mammals, and implement a 'permit
application cycle' for application submission and processing of all
marine mammal permits. NMFS intends to write regulations for
photography permits and is considering whether this activity should be
covered by the GA. Any other recommendations regarding regulations at
50 CFR part 216 received in response to this ANPR will be considered
prior to proposed rulemaking.
The scientific research permitting process has been under considerable
review and increased scrutiny during the past few years. The ANPR
provides some recommendations for changes to the MMPA regulations but is
not considered comprehensive [note: ESA implementing regulations at 50
CFR part 222 are not being considered at this time]. We would
appreciate your review and any suggestions on where improvements in the
regulations would benefit the permitting process. The ANPR will be
followed by a proposed rulemaking once comments are received and reviewed.
Please provide comments by the close of the comment period (November 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 [EMAIL PROTECTED] (include in the subject line
of the email "Permit Regulations ANPR"); or
. Via the Federal e-Rulemaking Portal: http://www.regulations.gov.
For further information please contact Michael Payne
([EMAIL PROTECTED]) or Amy Sloan ([EMAIL PROTECTED]) by email or
at (301) 713-2289.
--
Amy Sloan
Biologist, Office of Protected Resources
National Marine Fisheries Service
1315 East-West Highway
SSMC3, F/PR1, Room 13730
Silver Spring, MD 20910
Phone: 301-713-2289 x 136
Fax: 301-427-2521
http://www.nmfs.noaa.gov/pr/
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