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.
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