[Code of Federal Regulations]

[Title 50, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 50CFR216.41]



[Page 44-46]

 

                    TITLE 50--WILDLIFE AND FISHERIES

 

  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 

           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

 

PART 216_REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS

--Table of Contents

 

                      Subpart D_Special Exceptions

 

Sec. 216.41  Permits for scientific research and enhancement.



    In addition to the requirements under Sec. Sec. 216.33 through 

216.38, permits for scientific research and enhancement are governed by 

the following requirements:

    (a) Applicant. (1) For each application submitted under this 

section, the applicant shall be the principal investigator responsible 

for the overall research or enhancement activity. If the research or 

enhancement activity will involve a periodic change in the principal 

investigator or is otherwise controlled by and dependent upon another 

entity, the applicant may be the institution, governmental entity, or 

corporation responsible for supervision of the principal investigator.

    (2) For any scientific research involving captive maintenance, the 

application must include supporting documentation from the person 

responsible for the facility or other temporary enclosure.

    (b) Issuance Criteria. For the Office Director to issue any 

scientific research or enhancement permit, the applicant must 

demonstrate that:

    (1) The proposed activity furthers a bona fide scientific or 

enhancement purpose;

    (2) If the lethal taking of marine mammals is proposed:

    (i) Non-lethal methods for conducting the research are not feasible; 

and

    (ii) For depleted, endangered, or threatened species, the results 

will directly benefit that species or stock, or will fulfill a 

critically important research need.

    (3) Any permanent removal of a marine mammal from the wild is 

consistent with any applicable quota established by the Office Director.

    (4) The proposed research will not likely have significant adverse 

effects on any other component of the marine ecosystem of which the 

affected species or stock is a part.



[[Page 45]]



    (5) For species or stocks designated or proposed to be designated as 

depleted, or listed or proposed to be listed as endangered or 

threatened:

    (i) The proposed research cannot be accomplished using a species or 

stock that is not designated or proposed to be designated as depleted, 

or listed or proposed to be listed as threatened or endangered;

    (ii) The proposed research, by itself or in combination with other 

activities will not likely have a long-term direct or indirect adverse 

impact on the species or stock;

    (iii) The proposed research will either:

    (A) Contribute to fulfilling a research need or objective identified 

in a species recovery or conservation plan, or if there is no 

conservation or recovery plan in place, a research need or objective 

identified by the Office Director in stock assessments established under 

section 117 of the MMPA;

    (B) Contribute significantly to understanding the basic biology or 

ecology of the species or stock, or to identifying, evaluating, or 

resolving conservation problems for the species or stock; or

    (C) Contribute significantly to fulfilling a critically important 

research need.

    (6) For proposed enhancement activities:

    (i) Only living marine mammals and marine mammal parts necessary for 

enhancement of the survival, recovery, or propagation of the affected 

species or stock may be taken, imported, exported, or otherwise affected 

under the authority of an enhancement permit. Marine mammal parts would 

include in this regard clinical specimens or other biological samples 

required for the conduct of breeding programs or the diagnosis or 

treatment of disease.

    (ii) The activity will likely contribute significantly to 

maintaining or increasing distribution or abundance, enhancing the 

health or welfare of the species or stock, or ensuring the survival or 

recovery of the affected species or stock in the wild.

    (iii) The activity is consistent with:

    (A) An approved conservation plan developed under section 115(b) of 

the MMPA or recovery plan developed under section 4(f) of the ESA for 

the species or stock; or

    (B) If there is no conservation or recovery plan, with the Office 

Director's evaluation of the actions required to enhance the survival or 

recovery of the species or stock in light of the factors that would be 

addressed in a conservation or recovery plan.

    (iv) An enhancement permit may authorize the captive maintenance of 

a marine mammal from a threatened, endangered, or depleted species or 

stock only if the Office Director determines that:

    (A) The proposed captive maintenance will likely contribute directly 

to the survival or recovery of the species or stock by maintaining a 

viable gene pool, increasing productivity, providing necessary 

biological information, or establishing animal reserves required to 

support directly these objectives; and

    (B) The expected benefit to the species or stock outweighs the 

expected benefits of alternatives that do not require removal of marine 

mammals from the wild.

    (v) The Office Director may authorize the public display of marine 

mammals held under the authority of an enhancement permit only if:

    (A) The public display is incidental to the authorized captive 

maintenance;

    (B) The public display will not interfere with the attainment of the 

survival or recovery objectives;

    (C) The marine mammals will be held consistent with all requirements 

and standards that are applicable to marine mammals held under the 

authority of the Acts and the Animal Welfare Act, unless the Office 

Director determines that an exception is necessary to implement an 

essential enhancement activity; and

    (D) The marine mammals will be excluded from any interactive program 

and will not be trained for performance.

    (vi) The Office Director may authorize non-intrusive scientific 

research to be conducted while a marine mammal is held under the 

authority of an enhancement permit, only if such scientific research:

    (A) Is incidental to the permitted enhancement activities; and



[[Page 46]]



    (B) Will not interfere with the attainment of the survival or 

recovery objectives.

    (c) Restrictions. (1) The following restrictions apply to all 

scientific research permits issued under this subpart:

    (i) Research activities must be conducted in the manner authorized 

in the permit.

    (ii) Research results shall be published or otherwise made available 

to the scientific community in a reasonable period of time.

    (iii) Research activities must be conducted under the direct 

supervision of the principal investigator or a co-investigator 

identified in the permit.

    (iv) Personnel involved in research activities shall be reasonable 

in number and limited to:

    (A) Individuals who perform a function directly supportive of and 

necessary to the permitted research activity; and

    (B) Support personnel included for the purpose of training or as 

backup personnel for persons described in paragraph (c)(1)(iv)(A).

    (v) Any marine mammal part imported under the authority of a 

scientific research permit must not have been obtained as the result of 

a lethal taking that would be inconsistent with the Acts, unless 

authorized by the Office Director.

    (vi) Marine mammals held under a permit for scientific research 

shall not be placed on public display, included in an interactive 

program or activity, or trained for performance unless such activities:

    (A) Are necessary to address scientific research objectives and have 

been specifically authorized by the Office Director under the scientific 

research permit; and

    (B) Are conducted incidental to and do not in any way interfere with 

the permitted scientific research; and

    (C) Are conducted in a manner consistent with provisions applicable 

to public display, unless exceptions are specifically authorized by the 

Office Director.

    (vii) Any activity conducted incidental to the authorized scientific 

research activity must not involve any taking of marine mammals beyond 

what is necessary to conduct the research (i.e., educational and 

commercial photography).

    (2) Any marine mammal or progeny held in captive maintenance under 

an enhancement permit shall be returned to its natural habitat as soon 

as feasible, consistent with the terms of the enhancement permit and the 

objectives of an approved conservation or recovery plan. In accordance 

with section 10(j) of the ESA, the Office Director may authorize the 

release of any population of an endangered or threatened species outside 

the current range of such species if the Office Director determines that 

such release will further the conservation of such species.



[61 FR 21938, May 10, 1996]