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

NOAA Fisheries announced a final rule that removes the five-year maximum permit duration for the following Marine Mammal Protection Act (MMPA) actions:

• Scientific research and enhancement permits
• Commercial or educational photography permits
• Public display permits
• Letters of Confirmation (LOC)

The rule became effective on January 13, 2025.

Previously, MMPA regulations limited these permits and LOCs to a maximum duration of five years.

Now that the rule is effective, we have the flexibility to issue permits and LOCs for longer than five years, as appropriate. Every individual permit will 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 will still be limited based on the applicant’s demonstrated need and proposed activities. The regulatory change may benefit those researchers that conduct longitudinal scientific studies on marine mammals and who previously had to reapply for a permit every five years. If their permit or LOC can be issued for greater than five years, they may not have to apply as often. In contrast, some permits, such as those for discrete filming projects, will likely continue to be issued for less than five years.

Please see our protected species permit page for information on how to apply for different types of permits.

For more information on how the changes will be implemented for these MMPA permits, see the questions below or attend one of our webinars.

Q: Can I extend my current permit for more than one year?

A: NOAA Fisheries will now begin accepting new applications for permits and LOCs that propose durations of longer than 5 years. NOAA Fisheries will continue to process minor amendment requests for extensions of up to one year.

Q: How will the permit application process change?

A: In your application, you will be required to discuss and justify your proposed permit/LOC duration. The application review process will remain the same for longer duration permits.

Q: Would NOAA Fisheries issue an indefinite permit?

A: Each permit will have an expiration date, tailored to the specific activities you propose, which would be subject to public comment. If your proposed activities may be covered under a programmatic ESA Section 7 consultation, you cannot request a permit for more than 10 years.