Proposed Rule to Modify the Duration of Certain Permits and Letters of Confirmation under the Marine Mammal Protection Act

NOAA Fisheries proposes to change the regulations for scientific research and enhancement permits, commercial or educational photography permits, public display permits and Letters of Confirmation (LOC) issued under the Marine Mammal Protection Act.

Currently, MMPA regulations limit these permits and LOCs to a maximum duration of five years. The proposed rule would remove the five-year maximum from the regulations.

We would have the flexibility to issue permits and LOCs for longer than five years, as appropriate. Every individual permit would still have an expiration date, because the MMPA requires that all permits specify the period during which the permit is valid.

The duration of individual permits and LOCs would still be limited based on the applicant’s demonstrated need and proposed activities. The proposed regulatory change may benefit those researchers that conduct longitudinal scientific studies on marine mammals and currently have to reapply for a permit every five years. If their permit or LOC could be issued for greater than five years, they would not have to apply as often. In contrast, some permits, such as those for discrete filming projects, would likely continue to be issued for less than five years.