Marine Mammal Commercial or Educational Photography Perm

OMB No. 0648-0084; Expires xx/xx/xxxx

National Marine Fisheries Service

Marine Mammal Commercial or Educational
Photography Permit Application
TABLE OF CONTENTS

INTRODUCTION ............................................................................................................................2
NEW TO COMMERCIAL/EDUCATIONAL PHOTOGRAPHY PERMITS? WANT TO FILM ENDANGERED OR THREATENED
SPECIES? HAVE OTHER QUESTIONS?.......................................................................................................................... 2
WHEN FILLING OUT YOUR APPLICATION: ...................................................................................................................2
NEED HELP? ...............................................................................................................................................................3

APPLICATION INSTRUCTIONS ..............................................................................................3
PROJECT INFORMATION .............................................................................................................................................3
*PROJECT PURPOSE: HYPOTHESIS/OBJECTIVES AND JUSTIFICATION ........................................................................4
*PROJECT DESCRIPTION ............................................................................................................................................5
PROJECT SUPPLEMENTAL INFORMATION ...................................................................................................................7
*PROJECT LOCATIONS AND TAKE INFORMATION ......................................................................................................8
*TAKE TABLE ............................................................................................................................................................9
*ANTICIPATED EFFECTS ON THE ENVIRONMENT ..................................................................................................... 11
*PROJECT CONTACTS .............................................................................................................................................. 13
SUBMIT APPLICATION.............................................................................................................................................. 15

FREQUENTLY ASKED QUESTIONS ...........................................................................................15
WHEN SHOULD I APPLY?.......................................................................................................................................... 15
WHAT ARE THE ADVANTAGES OF GETTING A COMMERCIAL OR EDUCATIONAL PHOTOGRAPHY PERMIT? ................. 16
WHAT IF I WANT TO FILM MARINE MAMMALS LISTED AS THREATENED OR ENDANGERED? ...................................... 16
WHAT IS THE PROCESS FOR GETTING A COMMERCIAL/EDUCATIONAL PHOTOGRAPHY PERMIT? ............................... 16
WHAT IS THE PROCESS FOR REQUESTING AN AMENDMENT TO A PERMIT? ................................................................ 17

ADDITIONAL INFORMATION....................................................................................................17
PAPERWORK REDUCTION ACT STATEMENT ........................................................................17

Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

Introduction

These instructions are for submitting an application for a Commercial/Educational
Photography Permit under the Marine Mammal Protection Act (MMPA).

Photography/filming activities must involve only Level B harassment 1. Projects must be
discrete with specific time frames and result in products available to the general public.
Examples include documentary films, published magazine articles, books, and commercial
photographs.
These instructions are not for:
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Photography or filming focused on or that may affect marine mammals listed as
endangered or threatened under the Endangered Species Act (ESA). Photography
permits cannot authorize harassment of threatened or endangered species. See a list
of ESA species under NMFS’ jurisdiction.
Photography that exceeds Level B harassment (e.g., flying lower than 1,000 feet over
pinniped rookeries).
Photography to collect stock images for an undetermined project. You must be
working on a specific project that will result in a publicly available product.
Scientific research on marine mammals.

New to Commercial/Educational photography permits? Want to film
endangered or threatened species? Have other questions?

We recommend you visit our photography permit web page or see the FAQ on page 14.

When filling out your application:
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Refer to Chapter 2 for guidance on how to use APPS.

Save your application every 20 minutes or you will lose information!
You do not have to complete your application in one session. Your application will
remain in draft mode until you submit.
An * means it is a required field.

1

Level B harassment means any act of pursuit, torment, or annoyance which 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.
Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx
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You may want to use these instructions as a template to draft your application in a
Word doc and then cut and paste into APPS. However, note that certain formatting
and special characters may be either lost or migrated incorrectly.
Attachments cannot be larger than 20MB – contact us if you have larger files you
need to attach.
Your application must be a stand-alone document that describes all proposed
activities and is readable to a layperson.

If you do not follow these instructions, your application will be returned and you
will be asked to resubmit a new application that includes the information required.
We can only consider those activities that you describe in your application

We will not consider your application if you have overdue reports for your most
recent permit or authorization.

Need help?

We encourage you to contact us with questions before submitting your application. You
can reach us at the phone number on the bottom of this page.

Application Instructions
Project Information

File Number: This number is generated by APPS and cannot be changed. To facilitate
processing, reference this File No. in correspondence with our office.
*Project Title (up to 255 characters): Provide a concise title that includes activities,
species (or taxa if multiple species), location, and purpose of the filming. For example:
• Filming bottlenose dolphin behavior in south Florida for a television series.

*Project Status: The project status (New or Renewal) is automatically selected based on
your answers in the APPS pre-application guide (PAG). Do not change this field.
Previous Federal or State Permit #: If applicable, enter your most recent and closely
related NMFS permit number. Otherwise leave blank.
*Permits Requested: MMPA Commercial/Educational Photography permit should be
listed based on your answers in the pre-application guide.
Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

*Where Will the Activities Occur? One or more general locations will be listed based on
your answers in the PAG.
*Timeframe: Enter the desired start and end dates of the entire project in the following
format: MM/DD/YYYY. The start date cannot be before the date you submit the
application and should be at least 4-6 months after the date you submit. The end date must
be within 5 years of the start date because photography permits are valid for a maximum of
5 years.
• If your project involves less than one year of planned fieldwork, you should
consider requesting a 2-year permit in the event another season or year of
filming is needed to obtain the footage.

*Sampling Season/Project Duration (up to 1,000 characters)
• Describe your filming field season(s) including the months of the year.
• Include the frequency of fieldwork (e.g., when and how many times per year will you
be filming).
*Abstract (up to 2,000 characters): a short summary that must include:
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Purpose of the filming/photography.
Species that may be harassed (common names). If filming many species, you can
summarize instead of listing every one. For example: 10 species of cetaceans and 5
species of pinnipeds.
Type of filming/photography activities (e.g., boat and aerial-based filming).
Specific geographic locations.
Requested duration of the permit (the maximum is 5 years).

*Project Purpose: Hypothesis/Objectives and Justification (up to 64,000
characters)
1.
2.
3.
4.

Discuss the purpose of your project including your objectives.
Describe the anticipated end product(s) of your project.
Explain how and when the products will be made available to the public.
Explain if stock photos/footage are available and if so, why your project requires
new images/video.
5. Explain how you estimated your take numbers (see guidance on pages 8-9 for how
to count take).
• For example, did you base them on the number of filming days and average
animal group size or abundance estimates for your location?
Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx
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Indicate the number of times known individuals will be intentionally filmed
or harassed in a year. Explain why this repeated filming is needed to meet
your objectives.

*Project Description (up to 64,000 characters)

Methods
Describe your methodologies. Your narrative description must match your APPS take table
(see Take Table section below). Every procedure listed in the take table must be described
here. It is helpful to reference take table lines in the narrative that correspond to the take
actions and procedures. Be sure to provide:
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Clear descriptions of all methods (i.e., procedures) you will use to film or
photograph each species.
The age class and sex (if known) of animals you expect to encounter and film by
each method annually. Define how you will differentiate age classes (e.g., neonate,
calf/pup, juvenile, subadult, adult).
If working with dependent calves/pups, their moms, or known pregnant females,
give specific protocols for working around them, including how you will avoid
separating mothers from calves/pups.
A brief statement of each method’s purpose (i.e., how the activity relates to meeting
your objectives).
Mitigation measures that are inherent to your methods may be included in this
section or in the Effects and Mitigation section below.
Figures and photographs that illustrate your methods. You can attach them on the
Supplemental Information page.
See Additional Guidance section below.

Additional Guidance for Commonly Used Methods:
Filming and photography
Be sure to discuss the following, as applicable:

Approach method (e.g., by foot, vessel or aircraft)
Filming/photography equipment and methods
Minimum approach distances
Within sight of animals or not (e.g., from a blind)?
Number and frequency of filming trips per year
Duration spent with group or individual/day by activity
Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

Underwater photography/videography
Method (e.g., snorkeling, underwater pole cam, conventional scuba gear, or re-breathers)
Maximum number of individuals in the water at a given time and their roles (including
safety divers)
Minimum approach distance to animals
Duration spent with same animals/day
Aerial (manned), ground, and vessel (manned or unmanned/remote) platforms
Type of aircraft and vessel
Number of trips per year
Air speed
Vessel speed
Minimum altitude or approach distance to animals
Protocols for approaching on land, whether a blind or cover will be used
Duration spent with group or individual per day
Number of platforms (aircraft and vessel) to be operated at the same time
Unmanned aircraft systems (UAS)
Provide the general aerial survey information above and the following:

Type of UAS – fixed wing or vertical takeoff and landing (VTOL)
Payload components – what is the UAS carrying?
Ground control station (what it is, where is it located - on shore or on vessel, number of
stations, and how close the station will be to animals)
Encounter duration – maximum amount of time over same animals
Number of UAS to be operated at the same time
Do you have the appropriate FAA permits/authorizations (including pilot licenses)?
Remotely operated vehicle (ROV), vessel or amphibious
For underwater and amphibious ROVs, same details as for vessel surveys and also:
Description and size of ROV
Whether it is tethered or wireless, tether material and length
Describe any light sources
Whether there will be a live video feed monitored
Encounter duration

Non-target marine mammals
Discuss whether and how non-target marine mammals may be harassed and filmed
opportunistically and what you will do to minimize or eliminate harassment. These are
Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

species that co-occur with your target species and that could be harassed during your
activities.
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Photography permits cannot authorize harassment of threatened or endangered
species. If ESA-listed species occur in your project area, explain how you will
identify and avoid them (e.g., not in area during time of study; would not approach
closer than 100 meters; would halt operations until non-target species moved out of
study area).
If takes to non-target, non-ESA listed marine mammals may occur, include these as
separate rows in your Take Table with incidental harassment in the procedure
column. These could be non-target conspecifics or other species of marine
mammals.
Non-target taxa (e.g. sea turtles, corals, U.S. Fish and Wildlife species) should be
addressed in the Effects and Mitigation section below.

Coordination with scientists or other permit holders
• Include the names and affiliations of scientific advisors and whether they will be in
the field with you.
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Describe how you will collaborate with other permitted filmmakers or researchers
in your filming area to minimize repeated disturbance.

Project Supplemental Information

Attach a Supplemental Information File
You can attach up to 10 files to provide additional information.
• Preferred file formats: Microsoft Word, Excel, or PDF.
• The maximum file size allowed is 20 MB.
• Audio and video files (such as mp3, m4b, wav) cannot be uploaded. Contact us if
you need assistance.
• On the Location screen you will be asked to attach a map.

*Effects and Mitigation (up to 64,000 characters)
You may include mitigation and monitoring protocols here, or in the Project Description
section. Do not restate them here if they are included above; simply reference the section
where the following information is found.
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For each method, describe the anticipated responses of the animals (e.g., type,
severity, and duration of response).

Describe what you will do to minimize those responses, including:

Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

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If your activities coincide with reproductive seasons or maternal care, how will you
avoid disrupting these sensitive periods and ensure mother-calf/pup pairs are not
separated?
• Explain how your filming will not result in injury or
mortality.
• Describe if you will employ mitigation measures
when you observe unintended adverse reactions.
If you would use the same measures for a suite of
activities, you may provide one discussion for that
suite of activities.
• Please describe any mitigation you will take to
avoid or minimize impacts to non-target protected
taxa (e.g., sea turtles, corals, USFWS species).
Discuss whether and how they may be incidentally
Count every animal
harassed or otherwise affected.
approached regardless of
whether a behavioral
reaction has occurred.
Public Availability of Product/Publications: (up to
2,000 characters)
During vessel surveys, only

How to count
takes of
cetaceans

Describe the end product(s) of your proposed
photography/filming and how they will be made available
to the public. For example, will it be a feature film
released in theaters? A television documentary that will
air on a specific network or country? A children’s book
that will be published? Will your project have a web
component?

*Project Locations and Take Information

First, you will describe where you plan to work. Then, for
each location, you will use the Take Table to list the
species you expect to encounter and the
filming/photography procedures you will conduct.
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Add New Location: provide information about one
or more shoot locations
o General area (ocean basin)
o State(s), as applicable.

count 1 take per animal per
day including all
approaches. An “approach”
is defined as a continuous
sequence of maneuvers
involving a vessel,
equipment, or researcher’s
body, including drifting,
directed toward a cetacean
or group of cetaceans closer
than 100 yards for baleen
and sperm whales and 50
yards for all other cetaceans.

During aerial surveys
(manned or UAS) flown at an
altitude lower than 1,000
feet, count 1 take per animal
observed per day, regardless
of the number of passes over
the same animal.

Enter Location Details, as applicable:
o Waterbody: enter names of rivers, estuaries, bays, etc.

Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

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o Latitude and longitude of your shoot
location
o Limits of your shoot location (e.g., to
the U.S. EEZ, to the edge of the
continental shelf, to 50m depth)
o Names of land masses where
filming/photography will occur (e.g.,
islands, rookeries).

Attach File: Include high quality map(s) to
scale that clearly shows the location of your
proposed activity and any environmental
aspects of interest. Include a shapefile, Google
Earth kmz/kml, or ASCII text file of the
project’s location and the footprint of the
affected area with lat/long data and the
associated basic metadata.

*Take Table

The take table summarizes the estimated number
of animals you expect to encounter annually during
filming/photography. An example table is provided
below. Your permit and subsequent reports will
include a similar table.
Columns you will fill out in the take table:

1. Select: Leave this box blank unless you need
to copy, move, or delete the row.

2. Species: Use the drop down list. Commercial
photography permits are for non-ESA listed
species only. You cannot select endangered
or threatened species.

3. Listing Unit/Stock: Select the applicable
stock based on your shoot location. Choose
Range-wide if your location has multiple
stocks of the same species and you cannot
distinguish them while in the field.

How to count takes
of pinnipeds

Count 1 take per animal per day
for those hauled-out animals
that react to the research,
regardless of the number of
responses, including:
• movements of twice the
animal’s body length or
more,
• changes of direction greater
than 90 degrees, or
• retreats (flushes) to the
water.
Count 1 take per animal per day
for those animals in water that
exhibit a noticeable adverse
behavioral response from your
activities

Do not count alert behaviors
such as:
• turning head towards the
disturbance,
• craning head and neck while
holding the body rigid in a ushaped position,
• changing from a lying to a
sitting position, or
• brief movements of less than
twice the animal’s body
length.

4. Production/Origin: Select Wild.

Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

5. Life Stage: Select from the drop-down list. You may enter take information for
more than one life stage (e.g., adult and juvenile) on separate rows or select a
combination of life stages for one take category.

6. Sex: Select from the drop-down list. If your activity targets only one sex, indicate
which. If it targets both and they can be targeted separately, enter separate rows for
male and female; otherwise select Male and Female.

7. Expected Take: This represents a reasonable estimate of the number of animals
you will encounter, annually. Use the guidance in the sidebars to help you
determine how to count take.
For cetaceans and pinnipeds: in the Project Description, you must indicate how
many times per day you would approach the same animal or group of animals as
well as how many times per year you will target the same group of animals.

8. Take Action: Select Harass.

9. Observe/Collect Method: Select the method of observation (e.g., survey, vessel). If
various methods will be used, you must provide take information in separate rows.
If you will be approaching animals from a boat to fly UAS surveys, select “survey,
aerial/vessel.”
10. Procedures: Select the activities that you plan to conduct from the drop down list
below. You can select multiple procedures for any row.
a. Choose Other if your proposed activity is not listed. In the Details box (see
below), briefly describe what the Other means.

Procedure Options
Behavioral observations
Remote vehicle, vessel
Incidental harassment
Remote vehicle, aerial (fixed wing)
Other (define)
Remote vehicle, aerial (VTOL)
Passive acoustic recordings Underwater photography / video
Photography / video

11. Begin Date: Populated with the Begin Date you entered on the Project Information
page. You may change the date to coincide with a specific project time that is
shorter than the overall duration of the project.
12. End Date: Populated with the End Date entered on the Project Information page.
You may change the date to coincide with a specific project time shorter than the
overall duration of the project.
Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

13. Details: Enter up to 255 characters in this text box to provide details. This is
especially useful for clarifying age class, takes, intentional repeated takes, specific
activities, or projects.

Table 1. Sample Take Table
Species

Stock/
Listing
Unit

Sea lion,
US Stock
California
Dolphin,
Risso's

California/
Oregon/
Washington
Stock

Dolphin,
common,
shortbeaked

California/
Oregon/
Washington
Stock

Life
stage

Sex

Adult

Male
and
Female

All

Male
and
Female

All

Male
and
Female

Expected
Take

Observe/
Collect
Method

200

Survey,
ground

10

Survey,
vessel

55

Survey,
aerial

Procedures
Observations,
behavioral;
Photograph/
Video
Acoustic,
passive
recording;
Observations,
behavioral;
Underwater
photo/
videography
Observations,
behavioral;
Photograph/
Video

Details
Filming only
outside of
breeding
season
Filming at
any time of
year
Filming at
any time of
year

*Anticipated Effects on the Environment

1. Will you be working in or near areas with unique environmental characteristics or
important scientific, cultural or historical resources? Examples include:
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Animals used for subsistence
Archaeological resources
Critical Habitat of ESA-listed species
Essential Fish Habitat including wetlands, coral reefs, sea grasses, and rivers
Federally recognized Tribal and Native Alaskan lands, cultural or natural
resources, or religious or cultural sites
Marine Protected Areas
Minority or low-income communities
National or State Parks
National Marine Sanctuaries and National Monuments
National Historic Landmarks
Sites listed in or eligible for listing in the National Register of Historic Places
Wild and Scenic Rivers

Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

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Wilderness Areas
Wildlife Refuges

a. If yes, please list those areas. As applicable, mention if you will need to or have
already obtained permission (licenses, permits, authorizations) to work in these
areas.
b. How would your activities affect such resources? What measures will you take
to ensure your work does not cause loss or destruction of such resources?

c. For marine mammal activities in Alaska or Washington, how will you ensure
your project does not adversely affect the availability (e.g., distribution,
abundance) or suitability (e.g., food safety) of marine mammals for subsistence
uses?

2. Discuss if your activities have the potential to impact the physical or biological
environment, in particular coastal and marine environments. Impacts can be
positive or negative. Examples of potential impacts include:
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Altering substrate while anchoring vessels and buoys.
Using bottom trawls or other types of nets.
Erecting blinds or other structures.
Ingress and egress of researchers.
Injuring or killing benthic organisms (e.g., sea grass, corals).
Altering the physical or chemical characteristics of water (e.g., oil spills)
Affecting a species’ abundance or distribution.

3. Does your project involve activities known or suspected of introducing or spreading
invasive species, intentionally or not? Examples include transporting animals or
other biological specimens, discharging ballast water, and using boats/equipment at
multiple sites.
Describe measures you would take to prevent the possible introduction or spread of
non-indigenous or invasive species, including plants, animals, microbes, or other
biological agents.

4. Will your activities involve collecting, handling, or transporting potentially
infectious agents or pathogens, such as biological specimens (animals, blood,
tissues)?

Will your activities involve using or transporting hazardous substances, such as
toxic chemicals?
If yes to either question, describe the protocols you will use to ensure that public
health and human safety are not adversely affected, such as by spread of zoonotic
diseases, chemical injuries, or contamination of food or water supplies.
Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

5. Do your activities involve equipment (e.g., scientific instruments) or techniques that
are new, untested, or have unknown or uncertain impacts on the biological or
physical environment?
If yes:
a. Briefly describe the equipment or techniques and provide any information
about the use of these in your study area, other areas, and/or with other taxa.
b. Discuss the degree to which they are likely to be adopted by others for
similar activities or applied more broadly.

*Project Contacts

As the person entering the application, you will automatically be assigned the following
roles: Applicant/Permit Holder, Principal Investigator, and Primary Contact.

1. You may need to change or add personnel. See Chapter 2 for directions on how to
change who is assigned to these roles.
2. Use the guidance below to help you decide who should have what role.
3. To prevent duplicate entries, ALWAYS search APPS for the person before
entering a new contact. Start with only putting the last name in APPS search box.
4. Include a table (see example Table 3) listing the names of the PI and CIs, and the
specific procedures they will oversee or conduct. Attach the table on the
Supplemental Information page.
5. Attach a CV, resume, or biosketch for the PI and each CI. See Qualifications and
Experience below.

Descriptions of Personnel Roles

A project must have a Responsible Party if the Applicant/Permit Holder is an
organization, institution, or agency. The Responsible Party or Applicant/Permit Holder
is an official who has the legal authority to bind the organization, institution, or agency and
is ultimately responsible for the activities of any individual operating under the authority
of the permit.
The Principal Investigator (PI) is the individual primarily responsible for the take and
any related activities conducted under the permit. There can only be one PI on a permit.
The PI:
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Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx
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Must have qualifications, knowledge, and experience relevant to the activities
authorized by the permit
Must be on site during activities conducted under the permit unless a CoInvestigator is present to act in place of the PI
May also be the Applicant/Permit Holder and Primary Contact.

The Primary Contact is the person primarily responsible for correspondence during the
application review process and after a permit is issued. Typically this person administers
the permit, requests amendments (e.g., personnel changes, filming requests), and submits
reports. The Primary Contact may also serve other roles on the permit (e.g., Applicant/
Permit Holder, PI, CI).
The Applicant/Permit Holder or Responsible Party, PI, and Primary Contact will
have access to APPS to enter and edit the application, submit reports and
modification requests, and will receive automatic emails from APPS.

Co-Investigators (CIs) are individuals who are qualified and authorized to conduct or
directly supervise activities conducted under a permit without the on-site supervision of
the PI.
• You may add CIs to the application if the PI will not always be present during the
permitted activities.
• CIs can also be added or removed once a permit has been issued.

Filming Assistants (FAs) are individuals who work under the direct and on-site supervision
of the PI or a CI. FAs cannot conduct permitted activities in the absence of the PI or a CI.
FAs do not need to be named in the application or permit.
Qualifications and Experience

You must provide a CV, resume or biosketch for the PI and each CI. The document must
include the person’s relevant filming experience, including their experience with marine
mammals or other marine life for each activity they would be authorized to conduct.

Persons authorized as the PI or CIs must have qualifications corresponding to their duties.
If you do not provide sufficient information, we will not authorize the person(s) to conduct
the filming activities.
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All documentation submitted will be publicly available. DO NOT include personal
information (e.g., social security number, nationality, date of birth, home phone). Include:
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Name (first, middle initial, last)
Title

Affiliation

Business e-mail address

Business phone number

Relevant education and training, including certificates or licenses held

Relevant work experience, including previous documentaries, films or other
publications and experience filming or working with marine mammals or other
wildlife (including species).

In addition, you must submit a table (see Table 2) defining the roles and activities to be
performed for the PI and each CI listed in the application.
Table 2. Example Personnel Roles
Name/Affiliation
Role
John Smith, Affiliation,
Principal
City, State
Investigator
Jane Doe, Affiliation, City,
State
Bob Jones, Affiliation,
City, State

Co-Investigator
Co-Investigator

Activities
Supervise and perform all
activities under the permit

Conduct and oversee
underwater filming operations
UAS pilot

Submit Application

See Chapter 2 for how to submit your application and check on its status.

Frequently Asked Questions
When should I apply?

At least 4 months before your project will begin, preferably 6 months prior.

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What are the advantages of getting a commercial or educational photography
permit?

Having a permit allows you to approach the animals closer than if you do not have a permit
and have to follow the viewing guidelines. Also, a permit authorizes you to film by the
methods and the locations that you describe in your application. You may have more
flexibility and autonomy filming under your own permit rather than working with a
permitted researcher.

What if I want to film marine mammals listed as threatened or endangered?
You cannot get an MMPA commercial or educational photography permit to film species
listed under the Endangered Species Act. However, you have several options:
1. Use footage or images that already exist.
2. Collaborate with a permitted scientist.
3. Follow NOAA Fisheries’ marine mammal viewing guidelines and approach
regulations.
4. Film in locations outside the Marine Mammal Protection Act’s jurisdiction.

Call us or check out our photography permit web page for more information about these
options.

What is the process for getting a commercial/educational photography
permit?

1. Follow these instructions and contact the NMFS Permits and Conservation Division
with any questions.
2. Submit your application via APPS.
a. A permit analyst will review your application and contact you if additional
information is needed.
3. Address any questions within 60 days or your application will be withdrawn.
a. Once we consider your application complete, we will publish a notice in the
Federal Register, which starts a mandatory 30-day public comment period.
b. Concurrently, we will send your application to the Marine Mammal
Commission and other subject matter experts in partner institutions and
federal and state agencies for review.
4. Address any questions received during the comment period.
a. We will draft the permit and supporting documentation (including National
Environmental Policy Act analyses and documentation of MMPA issuance
criteria).
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Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

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b. The documents will be reviewed by various NMFS offices including a legal
review.
c. The Office Director will decide whether to issue or deny your permit.

What is the process for requesting an amendment to a permit?

Use APPS to request an amendment to your permit. You’ll need to provide a description of
your proposed changes and include all the necessary details for those changes, as
applicable. Use these application instructions as a guide. For example, changes to your
objectives will require that you discuss all the points in the Project Purpose section.
Additions to personnel require Qualifications Forms and descriptions of their roles.

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:
https://www.fisheries.noaa.gov/marine-mammal-protection-act.

Paperwork Reduction Act Statement

The information requested in this application is required. It will be used to determine:
•

•
•
•

Whether the proposed activities are 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.

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Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401

OMB No. 0648-0084; Expires xx/xx/xxxx

Public reporting burden for this collection of information is estimated to average 10
hours per response (i.e., the above application), 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 and Conservation Division, Office of
Protected Resources, F/PR1, NOAA/National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910.
The application and any associated documents, including any reports required by the
permit, 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.

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Questions or Problems? Contact the NMFS Permits and Conservation Division: 301-427-8401