**OMB No. 0648-0084**

# **Expires: 09/30/2009**

**Interim Photography Permit Application Requirements**

**Introduction**

Under the Marine Mammal Protection Act (MMPA), a permit may be issued
for photography of marine mammals in the wild for educational or
commercial purposes where the photography activities will not exceed
Level B harassment[^1]. This permit is designed to accommodate
professional photographers and filmmakers who have discrete projects and
time frames that will result in products such as documentary films or
commercial photographs.

This permit is not available for photography directed toward or that may
affect marine mammals listed as endangered or threatened under the
Endangered Species Act (ESA). Please contact the National Marine
Fisheries Service (NMFS), Permits, Conservation and Education Division
at (301) 713-2289 for inquiries regarding photography of ESA-listed
species.

Application Instructions for Photography (50 CFR 216.42, Reserved) have
not yet been proposed. Applicants are provided with the following
interim guidance for photography permit applications. This guidance is
similar to that required for the General Authorization (GA) because the
level of harassment authorized under photography permits and the GA is
the same.

Applicants (*i.e.*, the principal investigator or responsible party)
must submit a permit application to the Chief, Permits, Conservation and
Education Division at the address provided below. The principal
investigator is the individual primarily responsible for the activities
conducted under a photography permit. The principal investigator must
have qualifications, knowledge and experience relevant to the type of
photographic activities proposed. The responsible party is an individual
who has the legal authority to bind an organization and who is
responsible for supervision of the principal investigator.

Once the submitted application is determined complete, the application
will be forwarded to the Marine Mammal Commission for review, and notice
of receipt of the application will be published in the *Federal
Register* for a 30-day public comment period. Processing of a
photography permit may take up to six months.

Please contact the Permits, Conservation and Education Division at the
number above if you have any questions regarding preparation of an
application for a photography permit.

**Marine Mammal** **Photography Permit Application**

The applicant must provide the following information:

1.  The date of the application.

2.  The name, address, telephone number, email address, duties, and
    qualifications of the applicant (*i.e.*, principal investigator or
    responsible party), co-investigator(s)[^2], and other personnel
    (*e.g.*, boat handlers) to be conducting the proposed photography
    activities. Provide a curriculum vitae, resume, or summary of
    qualifications for each individual, which must include
    accomplishments and experience relevant to the proposed activities
    each person will be performing.

3.  The species or stocks of marine mammals that may be photographed,
    and any other species that may be incidentally disturbed or harassed
    by the activities. The description must include the species name
    (common and scientific names), number of animals that may be
    photographed, and number of animals that may be indirectly affected
    during photographic activities. Also include the number of times the
    animals may be approached and photographed and incidentally harassed
    within a specified time period.

4.  The geographic location(s) in which the photography is to be
    conducted. Locations should be identified as specifically as
    possible within a general area (*e.g.*, specific islands, bays, and
    latitude/longitude, within a specified geographic region or state).
    Include a map of the area if available. Indicate whether the
    location you will be working in has been given any special status
    (*e.g.*, National Marine Sanctuary, State Reserve, etc.).

5.  The time periods over which the photography will be conducted,
    including start date, approximate dates and/or field seasons if
    appropriate, and the duration of the overall photography project.

6.  The rationale and objectives for such activity and how the products
    will be made available to the public.

7.  The type of photography or filming to be performed and methods to be
    used. This information includes, but is not limited to, the
    following: platforms to be used (*e.g.*, small boat, helicopter),
    description of photographic equipment (*e.g.*, digital camera with
    telephoto lens and size of lens), deployment techniques if
    applicable, and approach distances to animals, etc. Include a
    justification of how such activities will result in only taking by
    Level B harassment of marine mammals and will not disturb, harass,
    or harm ESA-listed species.

NOTE: NMFS may determine that certain activities, such as underwater
photography or filming activities, may exceed Level B harassment. In
these cases, the activities would not be authorized.

8.  A description of the anticipated responses the subject marine
    mammals will have to the proposed photography and likely impacts on
    any other species that may be incidentally affected during the
    proposed activities.

9.  The application must include the following certification statement,
    signed and dated by the applicant:

    *\"I hereby certify that the foregoing information is complete, true
    and correct to the best of my knowledge and belief. I understand
    that this information is submitted for the purpose of obtaining a
    permit under the Marine Mammal Protection Act of 1972 (16 U.S.C.
    1361-1407) and regulations (50 CFR Part 216). I also understand that
    any false statement may subject me to the criminal penalties of 18
    U.S.C. 1001, or to the penalties provided under the Endangered
    Species Act of 1973, the Marine Mammal Protection Act of 1972, or
    the Fur Seal Act of 1966, whichever are applicable.\"*

Please send an original signed photography permit application, one copy
of the completed and signed application, and an electronic copy of the
application to the following address:

Chief, Permits Conservation and Education Division

Office of Protected Resources, F/PR1

NOAA/National Marine Fisheries Service

1315 East-West Highway, Room 13705

Silver Spring, MD 20910

Phone: (301) 713-2289

Fax: (301) 427-2521

**Additional Information:**

Under Section 104(c)(6)the Marine Mammal Protection Act (MMPA), a permit
may be issued for photography of marine mammals in the wild for
educational or commercial purposes where the photography activities do
not exceed Level B harassment. Application Instructions for Photography
(50 CFR 216.42, Reserved) have not yet been proposed. MMPA section 104
is available at the following web site:
<http://www.nmfs.noaa.gov/pr/pdfs/laws/mmpa104.pdf>.

The information requested in this application is required and is used to
determine whether the proposed activity is likely to exceed Level B
harassment of a marine mammal in the wild, whether the photography
methods are adequate to meet the project objectives, whether the
applicants are qualified to carry out the proposed activities, and how
the products of such activities will be made available to the public.

Public reporting burden for this collection of information is estimated
to average 10 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden, to the Chief, Permits Conservation and Education
Division, Office of Protected Resources, F/PR1, NOAA/National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.

The permit application and any associated documents, including any
reports required under the permit, are considered public information and
as such, are subject to the Freedom of Information Act.

Notwithstanding any other provision of the law, no person is required to
respond to, nor shall any person be subject to a penalty for failure to
comply with, a collection of information subject to the requirements of
the Paperwork Reduction Act, unless that collection of information
displays a currently valid OMB Control Number.

[^1]: **Harassment**: Under the 1994 Amendments to the MMPA, harassment
    is statutorily defined as, any act of pursuit, torment, or annoyance
    which---

    (Level A harassment) has the potential to injure a marine mammal or
    marine mammal stock in the wild; or,

    (**Level B harassment**) has the potential to disturb a marine
    mammal or marine mammal stock in the wild by causing disruption of
    behavioral patterns, including, but not limited to, migration,
    breathing, nursing, breeding, feeding, or sheltering but which does
    not have the potential to injure a marine mammal or marine mammal
    stock in the wild.

[^2]: **Co-investigator** means the on-site representative of a
    principal investigator.