Proposed Revisions to Application Instructions for Permits and Authorizations for Directed Take, Import, or Export of Marine Mammals or Threatened and Endangered Species

The Marine Mammal Protection Act (MMPA), Fur Seal Act (FSA), and Endangered Species Act (ESA) prohibit “take” (e.g., to harass or kill), import, and export of marine mammals and endangered and threatened species, or their parts, with limited exceptions. Pursuant to Section 104 of the MMPA and Section 10(a)(1)(A) of the ESA, individuals and institutions may obtain special exception permits to take, import, or export marine mammals or endangered or threatened species, and their parts, for scientific research or enhancement purposes. Section 104 of the MMPA also provides for Letters of Confirmation under a General Authorization (GA) for scientific research; permits for commercial and educational photography of marine mammals; and permits for capture from the wild and/or import of marine mammals for public display.

Persons or institutions seeking a permit or authorization from NOAA Fisheries to conduct these activities must apply using specific application instructions and demonstrate the MMPA, FSA, and/or ESA statutory and regulatory requirements are met.

In accordance with the Paperwork Reduction Act of 1995 (PRA), we invite the general public and other Federal agencies to comment on the proposed revisions to these instructions, to help us assess the impact of our information collection requirements and minimize the public’s reporting burden. The public comment period is open for 60 days from March 9, 2026 to May 8, 2026 (91 FR 11289).

Links to Revised Instructions

• ESA Scientific Research and Enhancement Permits- Turtles and Fishes
• ESA Scientific Research and Enhancement Permits- Corals
• MMPA/ESA Scientific Research and Enhancement Permits
• MMPA/ESA Parts Permits
• MMPA General Authorization Letter of Intent
• MMPA Commercial and Educational Photography Permits
• MMPA Public Display Permit for Importation
• MMPA Public Display Permit for Capture from the Wild

No changes are proposed for the forms associated with NMFS’ responsibility under Section 104 of the MMPA to maintain a captive marine mammal inventory (National Inventory of Marine Mammals). These forms include an institutional contact form, a marine mammal data sheet, and a transfer/transport notification form.

Summary of Proposed Revisions

In general, the proposed revisions will make our instructions more streamlined, more consistent with the laws and implementing regulations, reduce burden on applicants, and improve take number estimates and reporting. See the Federal Register notice for a complete description of the proposed changes. In summary, we propose the following changes, as applicable:

• Removing the 5-year limit on MMPA permit and authorization durations to reflect the change established in NMFS’ final rule (89 FR 100393; December 12, 2024) that allows permits to be issued for longer durations;
• Creating a separate set of ESA instructions for corals to reflect that pillar corals (Dendrogyra cylindrus) have been listed as endangered under the ESA (89 FR 101993; December 17, 2024);
• Changing the estimating and reporting of “takes” during uncrewed aircraft system operations in MMPA applications following the guidance for vessel or ground-based activities (i.e., within 100 yards (300 feet) for large cetaceans and 50 yards (150 feet) for small cetaceans and pinnipeds), rather than the current guidance of 333 yards (1,000 feet) used for crewed aircraft;
• Revising the instructions for MMPA Letters of Intent under the GA to be more consistent with the implementing regulations at 50 CFR 216.45, reducing the amount of information required from applicants when describing the purpose of the project, anticipated effects, and mitigation;
• Streamlining the instructions for importing marine mammals for public display, while ensuring we can make a “humane” determination under the MMPA and consistent with the Animal Welfare Act; and
• Revising the current online application system Authorizations and Permits for Protected Species (APPS) to improve and streamline the overall user experience and functionality.

How Can I Provide Comments?

We are soliciting public comments on the information requested in the revised application instructions and on the estimated time and cost burden associated with applying for permits. All comments should be sent to Adrienne Thomas, NOAA PRA Officer, at NOAA.PRA@noaa.gov by May 8, 2026. Please reference OMB Control Number 0648-0084 in the subject line of your comments. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this information collection request. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

Requests for additional information or specific questions related to collection activities should be directed to Amy Hapeman (amy.hapeman@noaa.gov).