OMB No. 0648-0084

Expires 09/30/2009

**APPLICATION INSTRUCTIONS**

**AND SUPPLEMENTAL INFORMATION**

**FOR**

**PUBLIC DISPLAY**

**PERMITS**

**UNDER THE**

**MARINE MAMMAL PROTECTION ACT**

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

National Marine Fisheries Service

Permits, Conservation and Education Division, F/PR1

Office of Protected Resources

1315 East-West Highway, Room 13705

Silver Spring, Maryland 20910-3226

*Tel*: (301) 713-2289

*Fax*: (301) 427-2521

*Web site*: <http://www.nmfs.noaa.gov/pr/>

**TABLE OF CONTENTS**

**Introduction** 3

Activities/Species for Which These Instructions Apply 4

Guidelines for Using These Instructions 5

**Instructions**

I. Title of Application 7

II\. Date of Application 7

III\. Applicant 7

IV\. Description of Marine Mammals and the Proposed Activity 7

A.  Statement of Work 7

B.  Summary of Marine Mammals to be Taken or Imported 8

C.  Description of Proposed Activity 8

D.  Collection from the Wild 9

E.  Import Requirements 9

F. Effects of Proposed Activity 10

V. Export Requirements 11

VI\. General Requirements 12

VII. Previous Permits 12

VIII\. Certification and Signature 13

**Additional Information** 14

**Appendix I -- Glossary of Terms** 15

**Appendix II -- List of NMFS Regional Offices** 16

**Appendix III -- Relevant Statutes** 17

**Appendix IV -- Supplemental Information** 19

**Appendix V -- U.S. Fish and Wildlife Service Wildlife Inspectors
(Ports of Entry)** 22

**APPLICATION INSTRUCTIONS**

**AND SUPPLEMENTAL INFORMATION**

**FOR PUBLIC DISPLAY PERMITS UNDER THE**

**MARINE MAMMAL PROTECTION ACT**

**INTRODUCTION**

The Marine Mammal Protection Act of 1972 (MMPA) places a moratorium,
with certain exceptions, on the taking and importing of marine mammals
and marine mammal products. One exception provides for the issuance of
permits by either the National Marine Fisheries Service (NMFS) or the
U.S. Fish and Wildlife Service (USFWS), depending on the species
involved[^1], to take[^2] marine mammals for purposes of scientific
research, public display, enhancing the survival or recovery of a
species or stock, or educational or commercial photography. NMFS and
USFWS regulations implementing the permit provisions of the MMPA can be
found at 50 CFR Part 216 and 50 CFR Part 18, respectively.

Public display permits are required for the capture of marine mammals in
the wild, importation of marine mammals, or retention of releasable
stranded marine mammals for purposes of public display. Public display
permits are not issued for depleted species under the MMPA and species
listed as threatened or endangered under the Endangered Species Act
(ESA).

A permit is not required to hold marine mammals for the purpose of
public display. Public display of marine mammals is based on three
criteria (Section 104(c)(2)(A) of the MMPA). Facilities holding and
maintaining marine mammals for public display purposes must: (1) offer a
program of education or conservation that is based on professionally
recognized standards of the public display community; (2) be registered
or hold an exhibitor's license, issued by the U.S. Department of
Agriculture, Animal and Plant Health Inspection Service (USDA/APHIS),
under the Animal Welfare Act (AWA; 7 U.S.C. 2131 *et seq*.); and (3)
maintain facilities that are open to the public on a regularly scheduled
basis with access that is not limited or restricted other than by
charging an admission fee.

Permits are not issued for the exportation of marine mammals for public
display. The receiving holder/facility must meet standards that are
comparable to those applicable to domestic facilities and/or permit
holders under the MMPA, and the appropriate agency of the foreign
government must submit a statement certifying that: (1) the application
is accurate; (2) the laws and regulations of the government involved
have equivalent provisions to the MMPA and AWA, and that such laws will
be enforced; and (3) the government will provide comity to requests made
by NMFS (*e.g.*, requests to enforce the requirements of the MMPA or
comparable laws with respect to the facility).

A stranded marine mammal that has been classified as non-releasable may
be held for the purposes of public display without a permit and in
accordance to the three public display criteria (50 CFR 216.27). A
permit is required to hold a releasable beached/stranded marine mammal
in captivity for any purpose, including public display.

Species lists and information on the status of species under the MMPA,
ESA, and the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) are available by calling the Permits,
Conservation and Education Division or on the following web site:
<http://apps.nmfs.noaa.gov/docs_cfm/species_lists.cfm>

**[Activities/Species for Which These Instructions Apply]{.underline}**

These permit instructions provide the format for preparing applications
for public display permits for the following:

-   marine mammal species under NMFS jurisdiction that are
    [not]{.underline} listed as depleted under the MMPA or threatened or
    endangered under the ESA;

-   first time imports of captive animals for public display in the
    U.S.;

-   captures of animals in the wild in the U.S. for public display
    purposes; or

-   retention of a releasable stranded animal for public display
    purposes.

    These application instructions are also available as a PDF or
    Microsoft Word document from the NMFS Office of Protected Resources
    web site: <http://www.nmfs.noaa.gov/pr/.>

    If the proposed public display activity includes species under the
    jurisdiction of both NMFS [and]{.underline} USFWS, a joint permit
    from NMFS and USFWS may be required. If the proposed public display
    activity involves only species under the jurisdiction of USFWS, a
    permit from USFWS must be requested (See section below, "Guidelines
    for Using These Instructions").

    For information on applying for permits to conduct other types of
    activities (*e.g.*, commercial or educational photography,
    scientific research, enhancement) involving the taking of marine
    mammals or endangered or threatened species under the MMPA or ESA,
    please see Appendix IV and NMFS' web sites:
    [www.nmfs.noaa.gov/pr/permits/](http://www.nmfs.noaa.gov/) and
    <http://apps.nmfs.noaa.gov/index.cfm> .

**[Guidelines for Using These Instructions]{.underline}**

**If you have any questions concerning the preparation of your
application, please contact the Permits, Conservation and Education
Division (Permits Division) at (301) 713-2289.**

[When to Apply]{.underline} -- Processing of an application usually
requires at least three months from submission of a *complete*
application, including a mandatory 30-day public comment period. *We
strongly recommend that you submit an application at least six months in
advance of your proposed activities*. Often, public comments must be
addressed, which can increase processing time. For captures from the
wild, contact the Permits Division for guidance on when to apply and
additional processing time required for any analyses required under the
National Environmental Policy Act.

[Give Complete Information]{.underline} -- The permit processing "clock"
does not begin until the Permits Division has determined that an
application is complete. An application must be considered complete
before the Permits Division can publish a Notice of Receipt in the
*Federal Register*, which initiates a 30-day public comment period. As
part of the review process, the completed application is also forwarded
to the appropriate NMFS Region(s) and to the Marine Mammal Commission
(<http://www.mmc.gov/>) for review and comment.

Incomplete applications cannot be processed. NMFS may return incomplete
applications or request additional information from an applicant. If the
requested information is not received within 60 days of the request, the
application will be returned. Therefore, please provide complete and
specific information according to the instructions. To expedite
processing, when a question does not apply, please indicate "Not
Applicable" (N/A) and provide a brief explanation as to why not.

You are encouraged to contact the Permits Division with any questions in
advance of submitting an application. It is often helpful to draft an
application and send it to NMFS Permits Division for preliminary review.
If possible, please send the draft electronically (contact the Permits
Division for a current e-mail address) to save on paper and postage.
Permits Division staff will review your draft application and assist you
in ensuring that it is complete. Once the application is complete, a
signed copy of the application should be mailed to the Permits Division
at the address listed below.

It is important that all applications conform to the instructions
provided. Applications that do not adhere to the following requirements
for content and format will be considered incomplete and may be returned
to the applicant or will result in processing delays if the applicant
needs to be contacted for additional information. To facilitate review,
information should be presented in the designated categories/headings,
and in the order listed. Use of additional subheadings to clarify the
application may be added at the discretion of the applicant. Line
spacing, font size and style are at the discretion of the applicant, but
the application must be readily legible. We suggest Times New Roman 12
pt font. Do not submit bound applications.

[Where to send your application]{.underline} - Submit a signed original
and one hard copy of the application to the Chief, Permits, Conservation
and Education Division, Office of Protected Resources, 1315 East-West
Highway, F/PR1 Room 13705, Silver Spring, Maryland 20910-3226. All
applications must also be accompanied by an electronic copy (in Word,
WordPerfect, or PDF), which can be included on a 3.5\" disk or CD, or
sent as an email attachment.

[Current or Previous Permit Holders]{.underline} -- If you currently
hold or have held a NMFS permit in the past, a new application cannot be
processed until all reports required to date under those permits have
been submitted and determined to be complete and in compliance with
reporting requirements.

[Permit Amendments]{.underline} -- Requests for amendments to permits
should address all applicable sections of these instructions, including
a detailed description of the proposed changes. Amendment requests
involving an increase in number or changes of location or species are
subject to a 30-day public review and are granted or denied at the
discretion of the Director, Office of Protected Resources. Minor changes
not involving numbers, species, or locations may be authorized at the
discretion of the Director without public review. To request an
amendment, send the application to the Chief, Permits, Conservation and
Education Division.

[Permit Fees]{.underline} -- Section 104(g) of the MMPA provides the
authority to establish and charge a reasonable permit fee; however,
there is no fee at this time.

[USFWS Permits]{.underline} -- Application instructions for sea turtles
on land and marine mammal species under USFWS jurisdiction can be
obtained by calling the USFWS Division of Management Authority at (800)
358-2104 or by visiting the Service's web site at
<http://permits.fws.gov/.>

[CITES Import/Export Permits]{.underline} -- U.S. regulations require
that imports or exports of wildlife or parts thereof listed in Appendix
I or II to the Convention on International Trade in Endangered Species
of Wild Fauna and Flora (CITES)[^3] be accompanied by the proper CITES
permit or documentation (50 CFR 23). This is in addition to the required
permit under the MMPA.

The USFWS Division of Management Authority (see telephone number and web
site, above) is responsible for implementing CITES. The CITES status of
threatened and endangered species and marine mammals under NMFS and
USFWS jurisdiction is indicated on the following web site:
<http://www.cites.org/> . If your activities will involve import or
export of wildlife (including tissue samples or other parts),
[you]{.underline} are responsible for securing a CITES permit from USFWS
as necessary.

**INSTRUCTIONS**

**I. Title of the Application**

> Example: "Application for a Permit for Public Display Under the Marine
> Mammal Protection Act."

**II. Date of the Application**

**III. Applicant**

> State the applicant's complete name, address, telephone number, fax
> number, e-mail, and institutional affiliation, if any. If the
> Applicant is a partnership or corporation describe the business. In
> addition, state the same contact information of the Holder, Primary
> Contact, and Responsible Official (see Attachment I for definitions of
> these terms) if different from the Applicant.

**IV. Description of the Marine Mammals and the Proposed Activity**

> A. [Statement of Work]{.underline}
>
> Provide a brief summary, not more than 200 words, of the proposed
> activity. This summary will be published in the *Federal Register*
> Notice of Receipt for a 30-day public comment period. The summary
> should include [concise]{.underline} statements of the following
> information:

-   Purpose of the activity;

-   Target species (both common and scientific names);

-   Type and manner of take or import;

-   Numbers of animals to be taken, by species, for each activity (over
    a specified time, *e.g*., per year);

-   Numbers and kinds of non-target marine mammal and ESA-listed species
    that may be taken incidentally during proposed activities;

-   Specific geographic location(s) of the take, including locations
    from which animals will be imported; and

-   Requested period of the permit[^4].

> B. [Summary of Marine Mammals to be Taken or Imported]{.underline}
>
> List the target species (common and scientific names) and, as
> applicable, the subspecies, population group and range that may be
> taken or imported.
>
> For takes in the wild, list any non-target species, including but not
> limited to, marine mammals, reptiles, sea birds, sharks, etc., and any
> ESA-listed species (plant or animal) that may occur in the capture
> area, and therefore, may be taken (*e.g.*, disturbed, harassed, or
> injured) incidentally during the course of your proposed activities.
> Include any USFWS species that may be incidentally taken.
>
> Indicate the status of each species or stock as determined under the
> Convention on International Trade in Endangered Species of Wild Fauna
> and Flora (CITES Appendix I, II, or III) as applicable. Note that
> species listed as depleted under the MMPA or threatened or endangered
> under the ESA cannot be covered under this permit. Species information
> is available at:
>
> <http://www.nmfs.noaa.gov/pr/species/>

<http://www.nmfs.noaa.gov/pr/sars/>

> <http://www.fws.gov/>
>
> <http://www.cites.org/>

C. [Description of the Proposed Activity]{.underline}

> 1\. Give the dates and locations of the proposed taking or import.
> Dates and locations should be identified as specifically as possible,
> including ports of entry (see attached list).
>
> 2\. State the proposed duration of the permit.
>
> 3\. Indicate the types of taking involved, (*e.g.*, capture; import).
> Clearly indicate the number, estimated or known age, size, sex, and
> reproductive condition of the marine mammals that will be taken or
> imported. If applicable, include the animal's identification number.
> Permit holders may not capture or import a marine mammal that is
> pregnant, lactating, or either unweaned or less than 8 months old,
> whichever comes later, unless the Office Director determines that such
> capture or importation is necessary for the protection and welfare of
> the animal.

D. [If Marine Mammals are to be Collected from the Wild]{.underline}

> 1\. List the names, if other than the Applicant, and qualifications of
> the personnel who will capture the animals.

2.  Provide a written certification from the attending veterinarian
    responsible for the animals during and immediately after capture
    that the methods of capture and post-capture care will be adequate
    to ensure the well-being of the animals.

> 3\. Give a detailed description of the manner of capture, including
> gear to be used. Describe the techniques and equipment to be used to
> approach, capture, and restrain; for example, indicate: (a) any drugs
> or other substances to be used, including the name, dosage, and method
> of administration; and/or (b) the method of capture and restraint.
>
> 4\. Describe the pen, tank, container, cage, cradle, or other device
> used post-capture and thereafter during transportation to the initial
> holding facility.
>
> 5\. Describe the mode of transportation, special care during
> transport, and the length of time required for the transfer from the
> capture site to the initial holding facility.
>
> 6\. Provide any alternatives to the proposed manner of taking or
> importation, and state why the proposed method is considered humane.
>
> 7\. In addition, if a captive stock of the species concerned is
> available, the applicant must explain why the animals cannot be
> obtained from such captive stock.
>
> 9\. If an animal may be determined to be unsuitable for public
> display, give details regarding the specific protocol for return to
> the wild.

E. [If Marine Mammals are to be Imported into the U.S.]{.underline}

> 1\. Provide the names and qualifications of the personnel who will
> accompany the animals during import.
>
> 2\. Describe the pen, tank, container, cage, cradle or other device
> used during import and thereafter during transportation to the initial
> holding facility.
>
> 3\. Describe the mode of transportation, special care during
> transport, and the length of time required for the transfer from the
> foreign facility to the initial holding facility in the United States.
>
> 4\. Submit a written certification from the attending veterinarian
> responsible for the animals during import that the methods of import
> and post-import care will be adequate to ensure the well-being of the
> animals.
>
> 5\. Name the country of exportation (*i.e.*, the country from which
> the marine mammal is to be imported into the United States) and the
> country of origin (country from which the animal was originally taken
> from the wild or where born in captivity) if different from the
> country of exportation.
>
> 6\. Describe how the marine mammals were taken in the country of
> origin. Permit holders may not capture or import a marine mammal that
> is pregnant, lactating, or either unweaned or less than 8 months old,
> whichever comes later, unless the Office Director determines that such
> capture or importation is necessary for the protection and welfare of
> the animal. If the marine mammal was subsequently exported to a
> country different from the country of origin, cite the dates, the
> manner and circumstances under which it was imported into the country
> of exportation.
>
> 7\. Submit a statement and, to the extent practicable, documentation
> concerning whether the marine mammal to be imported was captured and
> is presently being held in compliance with the laws of the country of
> exportation.
>
> 8\. Provide a statement whether taking of marine mammals will occur in
> order to replace the marine mammals to be imported, or whether the
> proposed import will result in an increased demand for marine mammals.
>
> 9\. If the import is necessary for the protection or welfare of the
> marine mammals, discuss the circumstances involved and any
> alternatives considered.
>
> F. [Effects of the Proposed Activity]{.underline}
>
> Describe the effects of the proposed taking or import, by itself or in
> combination with other known or suspected takings or imports, on: (a)
> the individual animals concerned (*e.g.*, describe how the proposed
> activity will affect the individual's behavior, physiology, etc.); (b)
> the relevant species or stock (for takes from the wild, describe what
> impacts there will be from removal of individuals from the population
> and from incidental disturbance); (c) the human environment (*e.g.*,
> describe how your actions will affect the general public; describe
> what measures are in place to ensure human health and safety during
> the proposed activities); and (d) the marine ecosystem (for takes from
> the wild, indicate if you will be incidentally taking non-target
> species, etc.). The description must be sufficiently detailed to
> enable the preparation of any documentation required under the
> National Environmental Protection Act (NEPA) (*e.g.*, an environmental
> assessment (EA), environmental impact statement (EIS), or
> documentation to support a determination that the conduct of the
> activity is categorically excluded from the requirement to prepare an
> EA or EIS). Contact the Permits Division for guidance on completing
> this section and to determine what level of NEPA analyses will be
> required.

**V. Export Requirements**

> A permit is not required for the export of marine mammals for public
> display purposes if the marine mammals to be exported are held legally
> for public display in the U.S. However, such exports must meet
> standards comparable to those applicable to the transport of marine
> mammals between U.S. facilities according to the MMPA. These
> requirements are listed below.
>
> A. Foreign applicants that intend only to export from the U.S. marine
> mammals for the purposes of public display must meet the following
> requirements:
>
> 1\. Offer an education or conservation program comparable to one that
> is based on professionally recognized standards of the U.S. public
> display community.
>
> 2\. Meet standards comparable to those a person in the U.S. must meet
> to be issued a license under the Animal Welfare Act (7 U.S.C. 2131 *et
> seq*.).

3.  Maintain facilities for the public display of marine mammals that
    are open to the public on a regularly scheduled basis with access
    that is not limited or restricted other than charging an admission
    fee.

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B.  The appropriate agency of the foreign government (*e.g.*, the CITES
    management authority of the government) must submit a statement
    certifying that:

> 1\. The information submitted concerning the foreign facility is
> accurate.
>
> 2\. The laws and regulation of the government involved permit that
> government's enforcement of requirements of the U.S. Marine Mammal
> Protection Act and the Animal Welfare Act, and that government will
> enforce such requirements.
>
> 3\. If it is determined that the foreign facility involved has acted
> in a manner inconsistent with MMPA or the AWA, that would be
> applicable if the foreign facility were a U.S. facility, the
> government concerned will afford comity to an enforcement decision
> that may be made by the U.S. National Marine Fisheries Service,
> including seizure or arrangements for other disposition of marine
> mammals exported from the U.S. and the progeny of such marine mammals
> and the recovery of expenses for such seizure or other disposition.

**VI. General Requirements for Public Display**

> A. Names and addresses of the facility(ies) where the marine mammals
> to be imported or captured will be maintained. Indicate hours of
> operation and cost of admission. (Attach copies of facility brochures
> or public notices advertising this information, if available.)
>
> B. License (attach a copy) or registration number issued under the
> Animal Welfare Act by the Department of Agriculture\'s Animal Plant
> and Health Inspection Service (APHIS).
>
> C. Specify the professionally recognized standards of the public
> display community upon which the education or conservation program
> offered by the applicant is based[^5], and provide a general
> description of the program offered for reference purposes.

**VII. Previous Permits**

> A. If issued previous permits for the taking or import of marine
> mammals and a final report has not yet been submitted, ensure that all
> required reports to date have been submitted.
>
> B. If applicable, provide the names and addresses of cooperating
> institutions and individuals that previously held permits.
>
> C. Indicate whether other Federal, State, local or international
> permits or authorizations (*e.g.*, USFWS, NOAA National Marine
> Sanctuaries, the Army Corps of Engineers, CITES) are being sought in
> connection with the requested permit.

**VIII. Certification and Signature**

> The following Certification, followed by the Signature, Name, and
> Title of the Applicant or Responsible Party, must be submitted as the
> concluding section of the application.
>
> **\"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 following statute and the regulations promulgated
> thereunder, as indicated in section I. of this application:**
>
> **The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 *et seq*.)
> 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 penalties provided under
> the Marine Mammal Protection Act of 1972.\"**

[Signature of Applicant and Date of Signature]{.underline}

[Typed or Printed Name of Applicant]{.underline}

[Title of Applicant]{.underline}

**Additional Information:**

Under section 104(c) of the MMPA, as amended, persons may be authorized
to take marine mammals in the wild or to import marine mammals for
public display purposes. 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 will be used to determine
whether the activities described in the application are consistent with
the requirements under the MMPA for public display permits.

Public reporting burden for this collection of information is estimated
to average 20 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.

All permit documentation including the application, permit and
amendments, reports, and inventory information required herein, is
considered public information and as such, is subject to the Freedom of
Information Act. The applicant is required to respond to the information
requested in this application in order to obtain a permit.

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.

**APPENDIX I -- GLOSSARY OF TERMS**

**Applicant** - The applicant must be the person who has the
responsibility for and the authority to determine the disposition of the
marine mammal to be received under the permit. If the applicant is a
corporation or partnership, the application must indicate the date on
incorporation or when the partnership was formed, and the State in which
the corporation or partnership was formed. In the case of imports, when
the responsibility for and authority to determine the disposition of the
marine mammal remains with a foreign entity, as in the case of a
breeding loan, the applicant must be the U.S. entity that will assume
temporary custody of the marine mammal to be imported.

**Comity** - A rule of courtesy by which one government honors decisions
made by another government. It is in situations where the United States
lacks jurisdiction over persons or things located abroad that the U.S.
Government may need to seek assurances of comity from foreign
governments. Executive Branch agencies have inherent authority to ask
foreign governments to honor decisions of the U.S. Government on the
basis of comity. It has been the policy of the NMFS since 1975 to
require a comity statement for the export of marine mammals.

**Facility** - In the context specific to captive marine mammals: (1)
one or more permanent primary enclosures used to hold marine mammals
captive (*i.e.*, pools, lagoons) and associated infrastructure (*i.e.*,
equipment and supplies necessary for the care and maintenance of marine
mammals) where these enclosures are either located within the boundaries
of a single contiguous parcel of land and water, or are grouped together
within the same general area within which enclosure-to-enclosure
transport is expected to be completed in less than one hour; or (2) a
traveling display/exhibit, where the enclosure(s) and associated
infrastructure is transported together with the marine mammals.

**Holder** - The person who has the custody, including the
responsibility for and the authority to determine the final disposition
of a captive marine mammal, and includes a public display permit holder.

**Primary Contact** - The registrar or other person responsible for
maintaining the marine mammal inventory records at the facility.

**Receiver** - A person who receives custody of a transferred marine
mammal. Where an interest in a marine mammal is being purchased or
otherwise transferred, the receiver is the purchaser or transferee.

**Responsible Official** - The individual who is responsible for and who
has the signatory authority for marine mammal custody decisions.

**Transfer** - The transport, donation, purchase, sale, export, or other
change in the possession of or interest in marine mammals.

**Transport** - The physical movement of marine mammals between
facilities or distinct geographic locations.

**APPENDIX II - NMFS REGIONAL OFFICES**

+-----------------------------------+-----------------------------------+
| **Region**                        | **Regional Jurisdiction**         |
+-----------------------------------+-----------------------------------+
| Alaska Region,                    | Alaska \[including Arctic Ocean,  |
|                                   | Bering, Beaufort, Chukchi Seas\]  |
| P.O. Box 21668                    |                                   |
|                                   |                                   |
| Juneau, AK 99802-1668             |                                   |
|                                   |                                   |
| Tel (907)586-7221; fax            |                                   |
| (907)586-7249                     |                                   |
+-----------------------------------+-----------------------------------+
| Northwest Region                  | Washington, Oregon, Montana,      |
|                                   | Idaho, Wyoming, Utah, Colorado,   |
| 7600 Sand Point Way NE, BIN       | North Dakota, South Dakota        |
| C15700                            |                                   |
|                                   |                                   |
| Seattle, WA 98115-0700            |                                   |
|                                   |                                   |
| Tel (206)526-6150; fax            |                                   |
| (206)526-6426                     |                                   |
+-----------------------------------+-----------------------------------+
| Southwest Region                  | California, Nevada, Arizona       |
|                                   |                                   |
| 501 West Ocean Blvd., Suite 4200  |                                   |
|                                   |                                   |
| Long Beach, CA 90802-4213         |                                   |
|                                   |                                   |
| Tel (562)980-4001; fax            |                                   |
| (562)980-4018                     |                                   |
+-----------------------------------+-----------------------------------+
| Northeast Region                  | Maine, Vermont, New Hampshire,    |
|                                   | Massachusetts, New York,          |
| One Blackburn Drive               | Connecticut, New Jersey,          |
|                                   | Delaware, Rhode Island, Maryland, |
| Gloucester, MA 01930-2298         | District of Columbia, Virginia,   |
|                                   | West Virginia, Ohio,              |
| Tel (978)281-9200; fax            | Pennsylvania, Indiana, Michigan,  |
| (978)281-9371                     | Minnesota, Illinois, Wisconsin    |
+-----------------------------------+-----------------------------------+
| Southeast Region                  | North Carolina, South Carolina,   |
|                                   | Georgia, Florida, Alabama,        |
| 263 13^th^ Avenue South           | Mississippi, Louisiana, Texas,    |
|                                   | New Mexico, Tennessee, Kentucky,  |
| St. Petersburg, FL 33701          | Arkansas, Missouri, Iowa,         |
|                                   | Nebraska, Kansas, Oklahoma        |
| Tel (727)824-5312; fax            |                                   |
| (727)824-5309                     |                                   |
+-----------------------------------+-----------------------------------+
| Pacific Islands Region            | Hawaii, U.S. Pacific Islands      |
|                                   | \[including American Samoa, Guam, |
| 1601 Kapiolani Blvd., Room 1110   | Northern Mariana Islands\]        |
|                                   |                                   |
| Honolulu, HI 96814-4700           |                                   |
|                                   |                                   |
| Tel (808)973-2937; fax            |                                   |
| (808)973-2941                     |                                   |
+-----------------------------------+-----------------------------------+

**APPENDIX III - RELEVANT STATUTES**

**Animal Welfare Act**

The Animal Welfare Act (AWA) (U.S.C. 2131 *et seq*.) was enacted in 1966
to "insure that animals intended for use in research facilities or for
exhibition purposes or for use as pets are provided humane care and
treatment; (2) assure the humane treatment of animals during
transportation in commerce; and (3) protect the owners of animals from
the theft of their animals by preventing the sale or use of animals
which have been stolen."

The U.S. Department of Agriculture's Animal and Plant Health Inspection
Service (USDA/APHIS), has responsibility under the AWA for captive
warm-blooded animals, including marine mammals. APHIS has established
regulations and standards for animal care, including "Specifications for
the Humane Handling, Care, Treatment, and Transportation of Marine
Mammals" (9 CFR Ch.1, Subpart E).

Most U.S. facilities maintaining animals as defined under the AWA,
including marine mammals, are required to be licensed or registered by
APHIS. For information concerning the AWA and its requirements and the
name and address of the Veterinarian in Charge in the State concerned,
contact the Regulatory Enforcement and Animal Care staff, USDA/APHIS
(301-734-7833) or visit
[[http://www.aphis.usda.gov/]{.underline}](http://www.aphis.usda.gov/)

**Freedom of Information Act**

The Freedom of Information Act (FOIA) (5 U.S.C. 552) was enacted in 1966
to ensure that the federal government makes government information
available to the public when requested. Certain restrictions apply to
the release of information (*e.g.*, classified documents).

**Fur Seal Act**

The Fur Seal Act (FSA) (16 U.S.C. 1151-1187) was enacted in 1966 to
prohibit the taking of North Pacific fur seals, except by Alaska natives
for subsistence purposes or by a permit issued by NMFS. NMFS'
regulations implementing the Fur Seal Act can be found at 50 CFR Part
215 - 216.

**Marine Mammal Protection Act**

The Marine Mammal Protection Act (MMPA) (16 U.S.C. 1361-1407) was
enacted in 1972 in partial response to growing concerns among scientists
and the general public that certain species and populations of marine
mammals were in danger of extinction or depletion as a result of human
activities. The MMPA includes a general moratorium on the taking[^6] and
importing of marine mammals, which is subject to a number of exceptions.
The MMPA also established the Marine Mammal Commission and provides the
authority under which the Commission operates.

**National Environmental Policy Act**

The National Environmental Policy Act (NEPA) (42 U.S.C. 4321 *et seq*.)
was enacted in 1969 to ensure that the government gives proper
consideration to the environment prior to undertaking any major federal
action that could significantly affect the environment. Issuance of
permits is considered a major federal action. Some applications may
require additional environmental analyses under NEPA, which can
substantially increase the time required for processing. If the activity
is considered controversial or under certain other circumstances,
preparation of an Environmental Assessment (EA) or an Environmental
Impact Statement (EIS) may be necessary. If an application does not
contain sufficient information on the environmental impact of the
proposed activity to determine whether an EA/EIS is necessary, or if the
information is insufficient to complete such analyses, the application
may be returned to the applicant or processing may be delayed.

The applicant may submit a draft EA with the application to facilitate
processing. The Permits Division will review and accept a draft EA if it
is determined to be sufficient. Otherwise, the Permits Division will
prepare an EA or EIS on the potential environmental impacts of the
proposed activity using the description of the activities provided in
the application and the best available information on the effects of
such activities. Depending on workload, resources, and the complexity of
the research proposal, preparation of an EA may take six months or more.
Preparation of a final EIS typically takes well over a year. Please
contact the Permits Division for guidance regarding whether or not an EA
or EIS is needed.

**APPENDIX IV -- SUPPLEMENTAL INFORMATION**

**Atlantic bottlenose dolphin** (*Tursiops truncatus*)

The taking of bottlenose dolphins in the Eastern U.S. is limited to
certain areas, and quotas have been established limiting the number that
may be taken each year. Permit Holders are required to consult with the
NMFS Southeast Regional Director for approval of the specific dates and
locations of any taking from the wild from this area. The Regional
Director will coordinate the Permit Holder\'s collection activities with
other collections and with research activities being conducted in the
proposed collection area so as to avoid possible interference and
cumulative adverse impacts on the subject population.

**Beached/Stranded Animals**

NMFS encourages the use of rehabilitated beached/stranded animals in
lieu of taking animals from wild populations. Applicants must justify
the need for capturing animals from the wild rather than obtaining them
from rehabilitated beach­ed/strand­ed stock, particularly in the case of
U.S. coastal pinnipeds, such as Cali­fornia sea lions (*Zalophus
californianus*). For information on the availability of these animals
contact the appropriate NMFS Regional Office (see attached list).

**Commercial or Educational Photography Permits**

The 1994 amendments to the MMPA provided new authority to issue permits
for educational and commercial photography involving only Level B
harassment[^7] of non-ESA listed marine mammals[^8]. Presently, NMFS is
reviewing such applications on a pilot basis and may publish a Proposed
Rule in the *Federal Register* based in part on the information obtained
from these applications (50 CFR 216.42). The commercial photography
applications instructions can be obtained at the following web site:
[http://www.nmfs.noaa..gov/pr/permits/mmpa_permits.htm#photo]()

*Please Note:* *These permits apply only to commercial or educational
photography of non-ESA listed species under the MMPA with methods
involving Level B harassment. These permits do not provide any
authorization for activities involving ESA-listed species, methods
involving Level A harassment^4^, or scientific research.*

**Import/Export of Pre-MMPA Marine Mammal Parts (i.e., parts taken prior
to 1972)**

Marine mammal parts include any part of a marine mammal, both hard and
soft, but do not include urine or feces. A letter of authorization is
required for importing or exporting "pre-Act" marine mammal parts under
NMFS jurisdiction for commercial or personal use. Pre-Act parts are
either those marine mammal parts taken prior to enactment of the MMPA or
those parts of species listed under the ESA that are at least 100 years
old. Instructions for how to apply for authorization to import or export
pre-Act marine mammal parts may be found at:
<http://www.nmfs.noaa.gov/pr/permits/parts_instructions.htm>.

**Northern fur seals** (*Callorhinus* *ursinus*)

The northern fur seal has been designated as depleted by NMFS. Section
102(b)(3) of the Marine MMPA prohibits the taking of a depleted species
except for scientific research or enhancement purposes.

**Receipt of Marine Mammal Parts from the NMFS Stranding Network under
the MMPA**

If you would like to receive marine mammal parts taken from stranded
marine mammals after 1972 for use in scientific research, education, or
curation, please contact the appropriate NMFS Stranding Network
Coordinator at <http://www.nmmfs.nooaa.gov/pr/health/coordinators.htm.>
*Note that if you intend to develop cell lines from such parts for
research purposes, you must apply for a scientific research permit using
the application instructions for scientific research purposes.*

**Scientific Research and/or Enhancement under the MMPA, ESA, and/or FSA
for**

**Species under the Jurisdiction of the NMFS and/or USFWS**

The Marine Mammal Protection Act of 1972 (MMPA) places a moratorium,
with certain exceptions, on the taking and importing of marine mammals
and marine mammal products. One exception provides for the issuance of
permits by either the National Marine Fisheries Service (NMFS) or the
U.S. Fish and Wildlife Service (USFWS), depending on the species
involved[^9], to take[^10] marine mammals for purposes of scientific
research, public display, enhancing the survival or recovery of a
species or stock, or educational or commercial photography. NMFS and
USFWS regulations implementing the permit provisions of the MMPA can be
found at 50 CFR Part 216 and 50 CFR Part 18, respectively.

The Endangered Species Act of 1973 (ESA) prohibits, with certain
exceptions, the taking[^11] of species listed as threatened or
endangered. The ESA provides for the issuance of permits by either NMFS
or the USFWS to take threatened or endangered species for scientific
research purposes and/or to enhance a species propagation or survival.
Under the ESA, NMFS and USFWS share management responsibility for marine
mammals (see footnote 1) and for threatened and endangered sea turtles
(NMFS for sea turtles in the water, and USFWS for sea turtles on land).
NMFS has sole responsibility under the ESA for salmon, shortnose
sturgeon, smalltooth sawfish, and white abalone. NMFS regulations
implementing the provisions of the ESA can be found at 50 CFR Parts 216
and 222-226; USFWS regulations can be found at 50 CFR Part 17.

The Fur Seal Act of 1966 (FSA) provides for research on fur seal
resources of the North Pacific and permits for the taking, transport,
import, export, or possession of fur seals of the North Pacific or their
parts for educational, scientific, or exhibition purposes.  Since
northern fur seals are also marine mammals, to avoid duplication,
applications for permits for scientific research are also processed
under the MMPA regulations of 50 CFR Part 216.

Applications for scientific research or enhancement for marine species
under NMFS jurisdiction are available at the following web site:
<http://www.nmfs.noaa.gov/pr/permits/mmpa_permits.htm#enhancement>

NMFS may authorize the use of healthy rehabilitated beached/stranded
marine mammals for research purposes in lieu of taking animals from wild
populations (50 CFR 216.27). Where a captive marine mammal is necessary
for the conduct of scientific research, particularly in the case of U.S.
coastal pinnipeds, such as California sea lions, applicants must justify
the need for capturing animals from the wild rather than obtaining them
from rehabilitated beached/stranded stock. For information on the
availability of these animals contact the appropriate NMFS Regional
Office: <http://www.nmmfs.noaa.gov/pr/health/coordinators.htm>

The USFWS maintains jurisdiction over beached/stranded sea turtles and
sea turtles in rehabilitation. Please contact the USFWS Division of
Management Authority at (800) 358-2104 with any questions regarding
stranded sea turtles.

**Salmon Research and Enhancement Permits under the ESA**

Permits to conduct research or enhancement on endangered or threatened
salmon are issued by the NMFS Northwest and Southwest Regional Offices.
Information may be obtained by visiting their web sites: Northwest
Region main page: [http://www.nwr.noaa.gov](http://www.nwr.noaa.gov/)
and the Southwest Region main page: <http://swfsc.noaa.gov/> or by
calling the Endangered Species Division, Office of Protected Resources
at (301) 713-1401 for further information.

**Appendix V -** **U.S. Fish and Wildlife Service Wildlife Inspectors**

<http://www.fws.gov/le/ImpExp/Contact_Info_Ports.htm>

+-----------------------------------+-----------------------------------+
| **[DESIGNATED                     |                                   |
| PORTS]{.underline}**              |                                   |
|                                   |                                   |
| **U.S. Fish and Wildlife Service, |                                   |
| Division of Law Enforcement**     |                                   |
+-----------------------------------+-----------------------------------+
| **Anchorage** ‑                   | **Los Angeles** -                 |
| [Designated]{.underline}          | [Designated]{.underline}          |
|                                   |                                   |
| P.O. Box 190045                   | 370 Amapola Ave. #114             |
|                                   |                                   |
| Anchorage, Alaska, USA 99519      | Torrance, California 90501        |
|                                   |                                   |
| Phone: (907)271‑6198              | Phone: (310)328-6307              |
|                                   |                                   |
| Fax: (907)271‑6199                | Fax: (310)328-6399                |
+-----------------------------------+-----------------------------------+
| **Atlanta** -                     | **Memphis** -                     |
| [Designated]{.underline}          | [Designated]{.underline}**\       |
|                                   | **University of Memphis- South    |
| P.O. Box 45287                    | Camp\                             |
|                                   | Memphis, Tennessee 38512\         |
| Atlanta, Georgia 30320            | Phone: (901)360-7007              |
|                                   |                                   |
| Phone: (404)763-7959              | Fax: (901)360-7010                |
|                                   |                                   |
| Fax: (404)763-7560                |                                   |
+-----------------------------------+-----------------------------------+
| **Baltimore** -                   | **Miami** -                       |
| [Designated]{.underline}          | [Designated]{.underline}          |
|                                   |                                   |
| 40 S. Gay Street, #223            | 10426 N.W. 31^st^ Terrace         |
|                                   |                                   |
| Baltimore, Maryland 21202         | Miami, Florida 33172              |
|                                   |                                   |
| Phone: (410)865-2127              | Phone: (305)526-2610              |
|                                   |                                   |
| Fax: (410)865-2129                | Fax: (305)526-2695                |
+-----------------------------------+-----------------------------------+
| **Boston** -                      | **New Orleans** -                 |
| [Designated]{.underline}          | [Designated]{.underline}          |
|                                   |                                   |
| 70 Everett Avenue, Suite 315      | 2424 Edenborn, Room 100           |
|                                   |                                   |
| Chelsea , Massachusetts 02150     | Metairie, Louisiana 70001         |
|                                   |                                   |
| Phone: (617)892-6616              | Phone: (504)219-8870              |
|                                   |                                   |
| Fax: (617)889-1980                | Fax: (504)219-8868                |
+-----------------------------------+-----------------------------------+
| **Chicago** -                     | **Newark** -                      |
| [Designated]{.underline}          | [Designated]{.underline}          |
|                                   |                                   |
| Wildlife Inspection Program       | 1210 Corbin St.                   |
|                                   |                                   |
| P.O. Box 66726                    | SeaLand Bldg., 2^nd^ Fl.          |
|                                   |                                   |
| Chicago, Illinois 60666-0726      | Elizabeth, New Jersey 07201       |
|                                   |                                   |
| Phone: (773)894-2910              | Phone: (973)645-6171              |
|                                   |                                   |
| Fax: (773)894-2916                | Fax: (973)645-6533                |
+-----------------------------------+-----------------------------------+
| **Dallas/Ft. Worth** -            | **New York** -                    |
| [Designated]{.underline}          | [Designated]{.underline}          |
|                                   |                                   |
| 1717 West 23^rd^, Suite 104       | 70 E. Sunrise Hwy. #419           |
|                                   |                                   |
| DFW Airport, Texas 75261          | Valley Stream, New York 11580     |
|                                   |                                   |
| Phone: (972)574-3254              | Phone: (516)825-3950              |
|                                   |                                   |
| Fax: (972)574-4669                | Fax: (516)825-1929 - Inspectors   |
|                                   |                                   |
|                                   | Fax: (516)825-3597 - Special      |
|                                   | Agents                            |
+-----------------------------------+-----------------------------------+
| **Houston** -                     | **Portland** -                    |
| [Designated]{.underline}\         | [Designated]{.underline}          |
| 16639 W. Hardy\                   |                                   |
| Houston, Texas 77060-6230\        | 7000 NE Airport Way, Rm. C2732    |
| Phone: (281)446-1284              |                                   |
|                                   | Portland, Oregon 97238            |
| Fax: (281)540-0357                |                                   |
|                                   | Phone: (503)231-6135              |
|                                   |                                   |
|                                   | Fax: (503)231-6133                |
+-----------------------------------+-----------------------------------+
| **Honolulu** -                    | **San Francisco** -               |
| [Designated]{.underline}          | [Designated]{.underline}          |
|                                   |                                   |
| 3375 Koapaka St., #F275           | 1633 Old Bayshore Hwy., Ste. 248  |
|                                   |                                   |
| Honolulu, Hawaii 96819            | Burlingame, California 94010      |
|                                   |                                   |
| Phone: (808)861-8525              | Phone: (650)876-9078              |
|                                   |                                   |
| Fax: (808)861-8515                | Fax: (650)876-9701                |
+-----------------------------------+-----------------------------------+
| **Louisville** -                  | **Seattle** -                     |
| [Designated]{.underline}**\       | [Designated]{.underline}          |
| **601 Broadway, Suite 115-A\      |                                   |
| Louisville, Kentucky 40202\       | 2580 South 156^th^ Street         |
| Phone: (502)582-5989              |                                   |
|                                   | Seattle, Washington 98158         |
| Fax: (502)582-5981                |                                   |
|                                   | Phone: (206)764-3463              |
|                                   |                                   |
|                                   | Fax: (206)764-3485                |
+-----------------------------------+-----------------------------------+
| **[NON-DESIGNATED                 |                                   |
| PORTS]{.underline}**[^12]         |                                   |
|                                   |                                   |
| **U.S. Fish and Wildlife Service, |                                   |
| Division of Law Enforcement**     |                                   |
+-----------------------------------+-----------------------------------+
| **Blaine**                        | **Great Falls**                   |
|                                   |                                   |
| 9925 Pacific Highway              | 2800 Terminal Dr.                 |
|                                   |                                   |
| Blaine, Washington 98230          | Suite #105                        |
|                                   |                                   |
| Phone: (360)332-5388              | Great Falls, Montana, USA 59404   |
|                                   |                                   |
| Fax: (360)332-3010                | Phone: (406)453‑5790              |
|                                   |                                   |
|                                   | Fax: (406)453‑3657                |
+-----------------------------------+-----------------------------------+
| **Brownsville**                   | **Nogales**                       |
|                                   |                                   |
| 1500 E. Elizabeth St. #239        | 9 N. Grand Avenue #2229 A         |
|                                   |                                   |
| Brownsville, Texas 78520          | Nogales, Arizona 85621            |
|                                   |                                   |
| Phone: (956)504-2035              | Phone: (520)287-4633              |
|                                   |                                   |
| Fax: (956)504-2289                | Fax: (520)287-3877                |
+-----------------------------------+-----------------------------------+
| **Buffalo**                       | **Laredo**                        |
|                                   |                                   |
| 405 N. French Road #120 B         | Convent & Zaragoza                |
|                                   |                                   |
| Amherst, New York 14228           | Bridge #1, 200.9                  |
|                                   |                                   |
| Phone: (716)691-3635              | Laredo, Texas 78040               |
|                                   |                                   |
| Fax: (716)691-3990                | Phone: (956)726-2234              |
|                                   |                                   |
|                                   | Fax: (956)726-3718                |
+-----------------------------------+-----------------------------------+
| **Detroit**                       | **Puerto Rico**                   |
|                                   |                                   |
| Bldg. 830; 2599 World Gateway     | 651 FED. Dr. Suite 372‑12         |
| Place                             |                                   |
|                                   | Guaynabo, PR 00965                |
| Detroit Metro Airport, Michigan,  |                                   |
| USA 48242                         | Phone: (787)749‑4338              |
|                                   |                                   |
| Phone: (734)247‑6800              | Fax: (787)749‑4340                |
|                                   |                                   |
| Fax: (734)247‑6805                |                                   |
+-----------------------------------+-----------------------------------+
| **Dunsieth**                      | **San Diego**                     |
|                                   |                                   |
| RR1, Box 115                      | 185 West F Street, Room 440       |
|                                   |                                   |
| Dunseith, North Dakota, USA 58329 | San Diego, California 92101       |
|                                   |                                   |
| Phone: (701)263‑4462              | Phone: (619)557-5794              |
|                                   |                                   |
| Fax: (701)263‑4463                | Fax: (619)557-2997                |
+-----------------------------------+-----------------------------------+
| **El Paso**                       | **Tampa**                         |
|                                   |                                   |
| Bota, 3600 E. Paisano, #142A      | 9549 Koger Blvd. #111             |
|                                   |                                   |
| El Paso, Texas 79905              | St. Petersburg, Florida 33702     |
|                                   |                                   |
| Phone: (915)872-4765              | Phone: (727)570-5398              |
|                                   |                                   |
| Fax: (915)532-4776                | Fax: (727)570-5450                |
+-----------------------------------+-----------------------------------+
| **Guam**                          | **St. Paul/Minneapolis**          |
|                                   |                                   |
| 415 Chalan San Antonio Road       | HHH Terminal                      |
|                                   |                                   |
| Baltej Pavillion, Suite 209       | 7100 34^th^ Avenue S.             |
|                                   |                                   |
| Tamuning, Guam 96913‑3620         | Minneapolis, Minnesota 55450      |
|                                   |                                   |
| Phone: (671)647‑6064              | Phone: (612)726-6302              |
|                                   |                                   |
| Fax: (671)647‑6068                | Fax: (612)726-6303                |
+-----------------------------------+-----------------------------------+

> The USFWS Law Enforcement Division MUST authorize ALL non-designated
> port usage. If you prefer to use a non-designated port, please contact
> the appropriate Law Enforcement Office.

[^1]: 1 ^1^NMFS has management authority for cetaceans (whales and
    dolphins) and pinnipeds (except walruses). USFWS has management
    authority for sea and marine otters, polar bears, walruses,
    manatees, and dugongs.

[^2]: 2 ^2^Under the MMPA, the term "take" is defined as: *To harass,
    hunt, capture, or kill, or attempt to harass, hunt, capture, or kill
    any marine mammal.*

[^3]: CITES (the Convention on International Trade in Endangered Species
    of Wild Fauna and Flora) is an international agreement between
    Governments. Its aim is to ensure that international trade in
    specimens of wild animals and plants does not threaten their
    survival. CITES works by subjecting international trade in specimens
    of selected species to certain controls. All import, export,
    re-export and introduction from the sea of species covered by the
    Convention has to be authorized through a licensing system.

[^4]: Note that permits are issued for up to a five-year period.

[^5]: ^?^ Standards for education and conservation programs developed
    and endorsed by the American Association of Zoos and Aquariums (AZA)
    and the Alliance of Marine Mammal Parks and Aquariums (Alliance),
    representing approximately 60% of the U.S. marine mammal public
    display community, were published in the Federal Register on October
    6, 1994 (59 FR 50900). (A copy of this notice is attached in the
    Appendices.) If applicable, these AZA/Alliance standards may be
    referenced as the standards on which your education or conservation
    program is based. However, please note that while these
    professionally recognized standards have been provided by the AZA
    and Alliance, they represent only one example of such standards.
    Other professionally recognized standards of the public display
    community may differ from this example. If your education or
    conservation program is based upon different professionally
    recognized standards of the public display community, please provide
    a copy of these standards. NMFS maintains a record of these
    standards for reference purposes only.

[^6]: ^4^Take (as defined in the MMPA): *To harass, hunt, capture,
    collect, or kill, or attempt to harass, hunt, capture, collect, or
    kill any marine mammal.* This includes by regulatory definition,
    without limitation, any of the following: *the collection of dead
    animals, or parts thereof; the restraint or detention of a marine
    mammal, no matter how temporary; tagging a marine mammal; the
    negligent or intentional operation of an aircraft or vessel, or the
    doing of any other negligent or intentional act which results in
    disturbing or molesting a marine mammal; and feeding or attempting
    to feed a marine mammal in the wild.*

[^7]: Harassment (as defined in the MMPA) -- *Any act of pursuit,
    torment, or annoyance which* - 1) [Level A harassment]{.underline}:
    *has the potential to injure a marine mammal or marine mammal stock
    in the wild*; or 2) [Level B harassment]{.underline}: *has the
    potential to disturb a marine mammal or marine mammal stock in the
    wild by causing a disruption of behavioral patterns, including, but
    not limited to, migration, breathing, nursing, breeding, feeding, or
    sheltering.*

[^8]: A list of marine mammal species and information on the status of
    the species under the ESA is available at the following web site:
    <http://apps.nmfs.noaa.gov/docs_cfm/species_lists.cfm>.

[^9]: 1 ^1^NMFS has management authority for cetaceans (whales and
    dolphins) and pinnipeds (except walruses). USFWS has management
    authority for sea and marine otters, polar bears, walruses,
    manatees, and dugongs.

[^10]: 2 ^2^Under the MMPA, the term "take" is defined as: *To harass,
    hunt, capture, or kill, or attempt to harass, hunt, capture, or kill
    any marine mammal.*

[^11]: 3 ^3^Under the ESA, the term "take" is defined as: *To harass,
    harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect,
    or to attempt to engage in any such conduct.*

[^12]: