NOAA Fisheries (National Marine Fisheries Service)

Office of Protected Resources

Presentation OutlinePresentation Outline• NMFS Organization• Scientific Research• Legal Mandates ESA, MMPA• Scientific Research Permits- Why?• Process• Renewal vs. Extension• Incidental Take (Marine Mammals)• Questions

Questions

NMFS Regions

Northwest RegionRegional Office: Seattle, WA Science Center: Seattle, WA

Laboratories Seattle, WA Newport, OR

Alaska RegionRegional Office: Juneau, AKScience Center: Seattle, WA (Sand Point)

Laboratories Seattle, WA Auke Bay, AK Kodiak, AK

Southwest RegionRegional Office: Long Beach, CAScience Center: La Jolla, CA

Laboratories La Jolla, CA Santa Cruz, CA Pacific Grove, CA

Northeast RegionRegional Office: Gloucester, MAScience Center: Woods Hole, MA

Laboratories Woods Hole, MA Narragansett, RI Milford, CT Highlands, NJ Washington, DC

NMFS Field Structure

Southeast RegionRegional Office: St. Petersburg, FLScience Center Miami, FL

Laboratories Miami, FL Panama City, FL Pascagoula, MS Galveston, TX

HeadquartersSilver Spring, MD

Pacific Islands RegionRegional Office: Honolulu, HIScience Center: Honolulu, HI

Laboratory: Honolulu, HI

Scientific Research

What species do we work with?

• Cetaceans (e.g., whales)• Pinnipeds (e.g., sea lions) • Sturgeon• Smalltooth Sawfish • White Abalone • Sea Turtles• Coral

DOC (PR1) vs. DOI Jurisdiction

NMFS jurisdiction - cetaceans, pinnipeds (except walrus), shortnose sturgeon, smalltooth sawfish, white abalone

USFWS - walrus, sea otter, polar bear, manatee, Atlantic salmon

Joint NMFS and USFWS - sea turtles (NMFS, inwater; USFWS, beach), gulf sturgeon

Examples of Permitted Research in the Northeastern United States

• Leatherback Sea Turtles in the Northwest Atlantic

• Sturgeon in Connecticut

• Marine Mammals in Massachusetts

Relevant StatutesRelevant Statutes

NEPANEPA

MMPAMMPA FSAFSA ESAESA

CITESCITES AWAAWA NMSANMSA

Ocean’s ActOcean’s Act CZMACZMA

EFHEFH (Magnuson-(Magnuson-Stevens)Stevens)

Wilderness ActWilderness Act

YOUR NMFS PERMITYOUR NMFS PERMIT

Key Legal Mandates

• Endangered Species Act (ESA)

• Marine Mammal Protection Act (MMPA)

• National Environmental Policy Act (NEPA)

• The Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibit the “take” of protected species.

Why do you need a permit?

Legal Definitions of “take”

• MMPA: “to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal”

• ESA: “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct”

Exceptions to Take Prohibitions

• Permits are the primary exceptions to the take moratoriums and authorize qualified persons to conduct activities otherwise prohibited

• Permits are issued under section 104 of MMPA and section 10 of the ESA

Scientific Research Permits issued under §104 of MMPA are for:

Bona fideBona fide scientific research or to enhance survival scientific research or to enhance survival or recovery of a speciesor recovery of a species

Where Where bona fidebona fide is defined as scientific research conducted is defined as scientific research conducted by qualified personnel, the results of which:by qualified personnel, the results of which:

1)1) likely would be accepted for publication in refereed likely would be accepted for publication in refereed scientific journal, scientific journal,

2)2) are likely to contribute to basic knowledge of marine are likely to contribute to basic knowledge of marine mammal biology or ecology; ormammal biology or ecology; or

3)3) are likely to identify, evaluate, or resolve conservation are likely to identify, evaluate, or resolve conservation problemsproblems

ESA Section 10(a)(1)(A) Scientific Research Permits

are for:

Conservation and recovery activities that: – enhance the propagation or survival of

the species, or– further a bona fide and necessary or

desirable scientific purpose to support conservation and recovery (e.g., needs outlined in recovery or conservation plans)

Section 10(a)(1)(A) permits do not provide coverage for the incidental capture of ESA species (e.g., endangered sea turtles)

Applying for a Scientific Research Permit

Application instructions can be found at-

• http://www.nmfs.noaa.gov/pr/permits/

Application SubmittedApplication SubmittedApplication complete

Initial NEPA determination and Notice of Receipt published in the Federal Register

30-day public comment period, internal and external review

ESA Section 7 Consultation and NEPA analysis

Issuance or denial of permitNotice published in Federal Register

Clearance of permit, decision memos,biological opinion, and NEPA analysis

What’s the Process?

ESA Section 7 ConsultationsESA Section 7 Consultations

All federal agencies must insure that All federal agencies must insure that any action any action authorizedauthorized, funded, or carried out by the , funded, or carried out by the agency is not likely to jeopardize the continued agency is not likely to jeopardize the continued existence of an endangered or threatened existence of an endangered or threatened species or result in destruction or adverse species or result in destruction or adverse modification of designated critical habitatmodification of designated critical habitat

Issuance of a permit = agency actionIssuance of a permit = agency action

Consultation = 135 daysConsultation = 135 days

National Environmental Policy Act (NEPA)

Federal agencies must consider, analyze, and Federal agencies must consider, analyze, and publicly disclose the potential environmental publicly disclose the potential environmental impacts of federal actionsimpacts of federal actions

NEPA and PermitsNEPA and Permits

Issuance of a permit is a “major federal action” - the impacts of which often must be assessed in either:

Environmental Assessment (EA) & Finding of No Significant Impact (FONSI), or

Environmental Impact Statement (EIS)

What does this mean for the permit process? We need sufficient information on how the research affects all aspects of the environment, not just the target research species.

How Long to Process a Permit?

Permit Category

• General Authorizations (GA) for non-ESA marine mammals only, Level B Harassment (e.g., photo-identification)

• Non-ESA marine mammals, Level A Harassment (e.g., capture and biopsy sampling of bottlenose dolphins)

• ESA species (e.g., humpback whales, sturgeon, sea turtles)

* = assumes a complete application is received.

To Process*

30 days

6 months

1 year

Permit Duration

• Permits can be issued up to 5 years.

• Researchers must submit an application for a new permit.

• Permit extension? Sometimes, and if so, up to 1 year.

Permit Review Process

• A review of the permit process is currently underway to consider ways of potentially improving it

Issuance of Incidental Take Authorizations for Marine

Mammals Pursuant to the MMPA

(Note- there is a process for authorizing incidental take through the ESA for species like sturgeon

or sea turtles, but not discussed in this presentation.)

The MMPA allows the incidental take (but not intentional take) of small numbers of marine mammals pursuant to a specified activity (other than commercial fishing) within a specific geographic area if:

-The total taking will have a negligible impact on the affected species or population stock;

-The total taking will not have an unmitigable adverse impact on the availability of the affected species or stock for taking for subsistence uses

- Means of effecting the least practicable adverse impact on the affected species, their habitat, and their availability for subsistence uses are set forth (mitigation measures), paying particular attention to rookeries, mating grounds, and areas of similar significance

- Requirements pertaining to the monitoring and reporting of the taking are set forth

Letter of Authorization (LOA)

Incidental Harassment

Authorization (IHA)

MMPA Section 101(a)(5)(A) 101(a)(5)(D)

Authorized Activities Harassment and mortality

Only harassment

Structure of Authorization

Promulgate 5-yr rule, Issue 1-yr LOA’s with

no need for additional public

comment

Issue 1-yr IHA, Renewals require 30 day public comment

for each year

Timeframe Not prescribed by statute, typically 6-18

months, but some take years

120 days by statute

What Types of Activities Require Incidental Take Authorizations?

- Seismic surveys conducted either for scientific research or oil & gas exploration- Construction or deconstruction of bridges, piers, or other underwater structures, especially if pile-driving or blasting is involved

Breakdown of Project Types Authorized Through 2004

Marine Research

Missile Launches

Oil & Gas / Energy

Construction / Noise

High and Mid-Freq Sonar

Seismic Surveys

- Military operations or training that employ acoustic sources, such as high or mid-frequency sonar- Construction and operation of energy-extraction equipment, such as oil and gas platforms- Rocket or missile launches that create very loud airborne noise- Oceanographic or marine biology research in areas where marine mammals are present

And Something New . . .

Authorizations and Permits for Protected Species (APPS)

An online system that when fully operational will allow constituents to apply for a variety of MMPA and ESA permits and authorizations. APPS will increase efficiency and transparency of the permit process and improve constituent service.

http://apps.nmfs.noaa.govhttp://apps.nmfs.noaa.gov

Contact Information• Call us at 301-713-2289

• Visit our website at: http://www.nmfs.noaa.gov/pr

• Or email:Sturgeon- Malcolm.Mohead@noaa.gov Cetaceans- Carrie.W.Hubard@noaa.govPinnipeds- Tammy.Adams@noaa.govPublic Display, Parts- Jennifer.Skidmore@noaa.govCaptive Research, Parts- Amy.Sloan@noaa.govSea Turtles, Sawfish, Coral- Patrick.Opay@noaa.govIncidental Take Authorizations (Marine Mammals)

Ken.Hollingshead@noaa.gov or Jolie.Harrison@noaa.gov

Take Home Message

• Research should benefit the species

• Allow plenty of lead-time for application process and submit complete applications

• Contact NMFS (list of staff provided in this presentation) if you have questions when drafting your application

Thank you!

Questions?