Permitting for Scientific Research Using Small Unmanned Aircraft Systems

Many government and private researchers are using small unmanned aircraft systems—also called drones—to study and observe marine mammals and other protected species. Researchers may only use UAS to conduct scientific research on protected species if the proper permits and authorizations are secured.

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Many government and private researchers are using small unmanned aircraft systems (UAS)—also called drones—to study and observe marine mammals and other protected species. Often this work includes aerial surveys and identification work. Most research activities involve small UAS that are under 55 pounds. The information gained from this research is used to help us manage species protected under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) including whales, sea turtles and other species.

Researchers may only use UAS to conduct scientific research on protected species if the proper permits and authorizations are secured.

Required Permitting Under the Marine Mammal Protection Act and/or the Endangered Species Act

If research activities will be directed at marine mammals or sea turtles at an altitude below 400 feet, you must apply for a permit using our Authorizations and Permits for Protected Species (APPS) online application system. If you have questions or are unfamiliar with our permits, contact our Permits and Conservation Division at (301) 427-8401.

If you already have an MMPA and/or ESA permit, you will need to apply for a modification to your permit if you want to use UAS. All UAS operations will be considered aerial surveys. The modification may be minor or major, depending on what your permit already authorizes. You may use the APPS online permitting system to request a modification. Our revised application instructions include a list of what information you must provide for UAS activities. For questions specific to your permit, contact your permit analyst via e-mail or at (301) 427-8401.

Information To Include in Permit Applications or Permit Modification Requests

In addition to general questions related to aerial surveys, we’ll want to know:

Type of survey or sampling method (e.g., line/strip transects, photogrammetry, breath sampling).
Description of the platform (e.g., fixed wing, vertical take-off and landing).
Description and purpose of the payload components (i.e., what is the UAS carrying and why?).
How the UAS will contribute to your research objectives.
Size and mass of the UAS.
Minimum altitude.
Number of passes per group/animal per day.
Time spent over each group/animal per day.
Will the UAS ever be beyond the line of sight of the operator (pilot)?
Does the device have an auto-return feature if it fails?
Describe the ground control station (e.g., where is it located—on shore or on a vessel?; how many stations?; how close will the station be to animals?).
Describe the spotter roles (e.g., a spotter monitoring the craft?; another for monitoring the ground control station?).
Battery life of UAS.
Do you have the appropriate Federal Aviation Administration (FAA) authorizations (including pilot licenses) for proposed research activities? Note: scientific research does not qualify as hobby/recreational use (see below).

This list of required information can also be found in our revised application instructions.

Additional Permits/Licenses/Certifications Required

UAS are considered aircraft and fall under the jurisdiction of the FAA. Therefore, you must be compliant with FAA requirements for UAS.

Current FAA regulations divide UAS operational use into three categories:

Civil (non-governmental/commercial).
Public (governmental).
Model aircraft (recreation/hobby).

The FAA considers scientific research as either public or civil, depending on the individual and/or purpose of operating the device. It does not fall under the recreational/hobbyist category.

Please note that a vast majority of our permit holders will fall under civil operators. In rare cases (such as discrete NOAA funded projects), civil operators may request FAA approval through NOAA; however, this is the exception, not the rule.

If you are a public UAS operator, contact the FAA to register your UAS and obtain a Certificate of Authorization (COA).
If you are a civil UAS operator, contact the FAA to obtain a remote pilot airmen certificate with a small UAS rating under Part 107 of FAA regulations.

In addition, you may be required to obtain additional federal, state, or local permits depending on where you will be working (e.g., National Marine Sanctuaries, National Parks). It is your responsibility to obtain these permits and comply with any other laws or regulations. Some areas, such as National Park Service-controlled lands and waters, have banned the use of UAS except for limited purposes.

Do I need to have these licenses in place in order to receive my MMPA and/or ESA permit or modification?

No, we can process and issue permits for takes associated with research involving UAS without the FAA authorizations in place. However, note that personnel who require State and/or Federal licenses to conduct activities authorized under an MMPA and/or ESA permit(s) (e.g., veterinarians, pilots) must be properly licensed when undertaking such activities, in accordance with our regulations.

Therefore, please be aware that your NOAA Fisheries permit requires that you obtain any applicable FAA authorization, certification, and/or license required for use of the UAS prior to operating it under an MMPA/ESA permit.

NOAA Fisheries Scientists Using UAS for Protected Species Research

The information gained from research using UAS is used to help our resource managers make informed decisions about management of protected species. Learn more about the work we do:

More Information

Last updated by Office of Protected Resources on 09/05/2023