NOAA Seeks Feedback on Dolphin and Whale Permit Paperwork Overhaul
Published Date: 3/9/2026
Notice
Summary
NOAA is asking for public feedback on updating the paperwork rules for permits involving marine mammals and endangered species. This affects researchers, businesses, and organizations that take, import, export, or keep these animals. Comments are open until May 8, 2026, helping keep the process clear and efficient without adding extra costs or delays.
Analyzed Economic Effects
8 provisions identified: 6 benefits, 1 costs, 1 mixed.
No 5‑Year Cap on MMPA Permits
NOAA will remove the 5-year limit on MMPA Section 104 permit and authorization durations and now requires applicants to justify the permit duration they request. This change is being made to align with a final rule effective January 13, 2025, and applicants must provide a justification when requesting duration.
New Drone (UAS) Take‑Estimation Distances
NOAA proposes changing how takes are estimated and reported for uncrewed aircraft system (UAS) operations: use the same guidance as vessel or ground-based activities — within 100 yards for baleen and sperm whales and within 50 yards for other cetaceans and pinnipeds — instead of the current 1,000-foot guidance for crewed aircraft. NOAA states the intent is to reduce applicant burden and improve accuracy of take estimates and reporting.
Online APPS System Redesign and Burden Estimate
NOAA is revising the APPS online application system (dating from 2008) to improve security and ease of use by splitting application fields into smaller text boxes and enabling acceptance of all application types (including photography and public display). The information collection estimates 427 respondents, 6,568 total annual burden hours, and an estimated total annual cost to the public of $80 for mailing forms.
ESA Permits Must Justify Duration
NOAA revised ESA Section 10(a)(1)(A) scientific research and enhancement permit instructions to clarify applicants must provide a justification for their requested permit duration. There is no duration limit on ESA permits, and the instructions now require applicants to explain why they request a given duration.
Separate Coral Permit Instructions
NOAA will create a separate set of ESA Section 10(a)(1)(A) scientific research and enhancement application instructions for corals, beginning with pillar corals (Dendrogyra cylindrus), which were listed as endangered December 17, 2024. The separate instructions are intended to tailor and streamline the application process for pillar coral applicants.
Simpler General Authorization Letters of Intent
NOAA proposes revising the MMPA Letter of Intent under the General Authorization for scientific research to ask for less information (for example, less detail on take‑number rationale, anticipated effects, and mitigation) and to remove the 5-year limit on requested duration. The revisions also add the UAS guidance described in the application instructions.
Streamlined Import Instructions for Public Display
NOAA is streamlining the amount of information required in the instructions for importing marine mammals for public display to better align with statutory humane‑treatment determinations under the MMPA and consistency with the Animal Welfare Act. The change is intended to align required information with statutory requirements.
No Changes to National Inventory Forms
NOAA states it is not proposing any changes at this time to the marine mammal data sheet (MMDS) or other National Inventory of Marine Mammals (NIMM) forms, nor is it proposing any changes to NIMM access at this time.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-14204, Lake Ontario National Marine Sanctuary; Delay of Effective Date
NOAA is giving everyone more time before the rule that bans grappling or anchoring on Lake Ontario shipwrecks kicks in. Instead of starting in July 2026, this rule is now delayed until September 2028 to let NOAA set up mooring buoys and work with divers and boaters. This means boaters and commercial vessels can keep anchoring safely while NOAA gets everything ready without rushing.
2026-14195, Rescinding the Definition of “Harm” Under the Endangered Species Act
The U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration are wiping away the official definition of “harm” under the Endangered Species Act starting September 14, 2026. This change affects anyone involved in protecting endangered plants and animals by shifting how “harm” is understood and enforced. It’s a big move that could change how projects and protections are handled, but no new costs or deadlines are added right now.
2026-05599, Deep Seabed Mining: Notice of Receipt of Applications for Deep Seabed Mining Exploration Licenses and Announcement of Public Comment Period and Virtual Public Hearings
NOAA got two applications from companies wanting to explore mining deep under the ocean floor. They’re holding virtual public meetings in April and want your thoughts by May 22, 2026. This affects anyone interested in ocean mining and how we protect our seas while exploring new resources.
2026-04256, Atlantic Highly Migratory Species; Spatial Fisheries Management; Amendment 15 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan
Starting April 3, 2026, new rules change shark fishing zones and times in the Atlantic to better protect sharks and manage fishing risks. Fishermen using bottom and pelagic longline gear will see updated area boundaries and must pay for electronic monitoring if fishing in certain safer zones. These changes help keep shark populations healthy while supporting responsible fishing.
2026-16756, Notice of Intent To Prepare an Environmental Analysis Assessing Potential Modifications to the Atlantic Large Whale Take Reduction Plan To Reduce Mortality and Serious Injury of Large Whales in Commercial Trap/Pot and Gillnet Fisheries Along the U.S. East Coast
NMFS intends to prepare an environmental analysis in accordance with the National Environmental Policy Act (NEPA) to analyze the impacts of alternatives to amend the Atlantic Large Whale Take Reduction Plan (Plan) if determined to be necessary to reduce mortalities and serious injuries of North Atlantic right whales (Eubalaena glacialis) and other large whales caused by entanglement in commercial trap/pot and gillnet fisheries along the U.S. East Coast. This notice of intent informs the public of an upcoming scoping period to solicit input on potential efforts to reduce the risk of entanglement to right, humpback (Megaptera novaeangliae), and fin whales (Balaenoptera physalus) in U.S. East Coast commercial trap/pot and gillnet fishing gear while stabilizing the economic viability of the U.S. commercial fishing industry, protecting coastal community heritage, and minimizing regulatory burdens to meet statutory requirements under the Marine Mammal Protection Act (MMPA) and other laws as well as administration priorities. A complete list of fisheries regulated by the Plan is included below. This Notice of Intent (NOI) initiates the scoping process, an early and open step designed to determine the scope of issues to be addressed in depth within the environmental analysis. This document is not a notice of proposed rulemaking.
2026-16758, Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferndale Pier Maintenance Activities in Ferndale, Washington
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a renewal incidental harassment authorization (IHA) to Petrogas Pacific, LLC (Petrogas) to harass marine mammals incidental to Ferndale Pier Maintenance Activities in Ferndale, Washington.
Previous / Next Documents
Previous: 2026-04529, Information Collection: NRC Form 398, Personal Qualification Statement-Licensee
The Nuclear Regulatory Commission is renewing its form called NRC Form 398, which collects personal info from license holders. This update affects people who hold or apply for nuclear licenses and asks for public comments by April 8, 2026. There’s no new cost, but timely feedback helps keep the process smooth and clear.
Next: 2026-04532, Government-Owned Inventions; Availability for Licensing
The National Institutes of Health is offering new malaria vaccine inventions for companies to license and develop. These cool nanoparticle platforms show promise in making vaccines super effective, with early tests in mice showing 100% protection. If you’re a business or researcher ready to jump in, now’s the time to connect and start working with these government-owned inventions!