Photography-Application

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 QUESTIONS OR NEED HELP? ................................................................................ 2
WHEN FILLING OUT YOUR APPLICATION ................................................................................................................ 2
HOW TO APPLY .......................................................................................................................................................... 3

APPLICATION INSTRUCTIONS ................................................................................... 3
PROJECT INFORMATION ........................................................................................................................................... 3
*PROJECT PURPOSE: OBJECTIVES AND JUSTIFICATION ....................................................................................... 4
*PROJECT DESCRIPTION ........................................................................................................................................... 5
PROJECT SUPPLEMENTAL INFORMATION .............................................................................................................. 8
*PROJECT LOCATIONS AND TAKE INFORMATION .............................................................................................. 10
*TAKE TABLE ......................................................................................................................................................... 11
*ANTICIPATED EFFECTS ON THE ENVIRONMENT .............................................................................................. 14
*PROJECT CONTACTS ............................................................................................................................................. 16
SUBMIT APPLICATION ........................................................................................................................................... 19

ADDITIONAL INFORMATION .................................................................................. 20
WHEN SHOULD I APPLY? ....................................................................................................................................... 20
WHAT ARE THE ADVANTAGES OF GETTING A COMMERCIAL OR EDUCATIONAL PHOTOGRAPHY PERMIT?.. 20
WHAT IF I WANT TO FILM MARINE MAMMALS LISTED AS THREATENED OR ENDANGERED? ....................... 20
WHAT IS THE PROCESS FOR GETTING A COMMERCIAL/EDUCATIONAL PHOTOGRAPHY PERMIT? ............... 20
WHAT IS THE PROCESS FOR REQUESTING AN AMENDMENT TO A PERMIT? .................................................... 21

APPLICABLE LAWS AND REGULATIONS ............................................................. 21
PAPERWORK REDUCTION ACT STATEMENT .................................................... 22
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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:


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 questions or need help?
We recommend you visit our photography permit web page, see the Additional Information
on page 20, or contact us at nmfs.pr1.apps@noaa.gov.

When filling out your application


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.

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.
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How to Apply

In the future, we plan to make commercial photography applications available on our
online permitting system, APPS. In preparation, we have
included directions for how to apply using APPS in these
instructions. Please disregard at this time.
For now, please use these instructions as a template to
create your permit application. When finished,
submit your application via email to
nmfs.pr1.apps@noaa.gov.

Application Instructions

Entering your
application in APPS
(coming soon)


Save your application every
20 minutes or you will lose
information!



An * indicates a required field.



Consider using these
instructions as a template to
draft your application in Word.
Then cut and paste into APPS.



Special characters may be
either lost or migrated
incorrectly.



Refer to Chapter 2 for how to
navigate APPS.



Your application will remain in
draft mode until you submit.



Attachments cannot be larger
than 20MB – contact us if you
need to attach larger files.

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.
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 PAG.

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*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. Currently, the maximum duration of a photography permit is 5
years.
 If your project involves less than one year of planned fieldwork, you should
consider requesting a 2-year permit in case 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:
 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-based filming, filming via
unmanned aircraft systems, underwater filming).
 Specific geographic locations.
 Requested duration of the permit (the maximum is 5 years).

*Project Purpose: Objectives and Justification (up to 64,000 characters)
1. Discuss the purpose of your project including your objectives.
2. Describe the anticipated end product(s) of your project.
3. Explain if stock photos/footage are available and if so, why your project requires
new images/video.
4. Explain how you estimated your take numbers (see guidance on pages 8-9 for how
to count take).
 For example, did you base take numbers on the number of filming days and
average animal group size or abundance estimates for your location?
 Indicate the number of times the same individuals may be intentionally
filmed or harassed in a year. Explain why this repeated filming is needed to
meet your objectives.
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*Project Description (up to 64,000 characters)

Overview
Provide a brief overview of a typical day in the field and the suite of activities you intend
to perform during a marine mammal encounter. Discuss the order in which you’ll perform
the different methods. Include where your work will happen, especially if different
projects occur in different locations.
Methods
Describe your methods (see list of procedure options below). Your narrative description
must match your APPS take table (see Take Table section below).
You must provide:


Clear descriptions of all methods (i.e., procedures in your APPS take table) you
will use to film or photograph each species (see guidance below for what details to
include).
Here is a list of the procedure (i.e., method) options in the APPS take table:
 Acoustic, passive recording
 Remote vehicle, aerial
(VTOL)
 Observations, behavioral
 Remote vehicle, vessel
 Other
 Underwater photo/
 Photograph/video
videography
 Remote vehicle, aerial
 Unintentional harassment
(fixed wing)



A brief statement of each method’s or suite of methods’ purpose (i.e., how the
activities relate to meeting your objectives).



Define how you will differentiate age classes (e.g., neonate, calf/pup, juvenile,
subadult, adult). If applicable, distinguish by taxa or species.

●

For each method/procedure, state if you will target:
o
o
o
o

Calves/pups (specify age/dependency);
Females accompanying calves/pups (specify age);
Pregnant females, and if so, include estimated trimester; and/or
Compromised animals.

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

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.

Guidance on Describing Commonly Used Methods

Filming and Photography
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 per day by activity
Underwater Photography/Videography
 Method (e.g., snorkeling, underwater pole cam, conventional scuba gear, or rebreathers)
 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 per 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

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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)
 Number of UAS to be operated at the same time
 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
 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
These are marine mammal species that co-occur with your target species and that could be
harassed during your filming activities. Discuss whether and how non-target marine
mammals may be unintentionally harassed and what you will do to minimize or eliminate
harassment.
Guidance for how to include non-target marine mammals in your Take Table:
1. For non‐target species that may be encountered and filmed, include
unintentional harassment and the applicable procedures based on the filming
method (e.g., photograph/video, UAS, etc.) in your take table. Include "unintentional
harassment/filming" in the details column.
2. For non‐target species that may be encountered and harassed but would NOT
be filmed, only include “unintentional harassment” in your take table and no other
procedures. Include “no filming” in the details column.

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Please note:


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).



Other 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.



Describe how you will coordinate and collaborate with other permitted filmmakers
or researchers in your filming area.
o List their names and affiliations.
o Explain how you will work together. For example, will you share vessels or
coordinate the timing of surveys to avoid repeated harassment of the same
animals?

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 above in your methods. Do
not restate them here if they are included above; simply reference the section where the
following information is found.
1. Discuss how take table actions (Observe/Collect Methods and Procedures) will
affect target and non‐target animals.
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2. Cite the best available science (i.e., peer-reviewed literature or other published
data sources) and your experience (e.g., personal communication, annual permit
reports). References must be made available upon request.
3. Group together take actions with similar responses and describe, as applicable:
●
●
●
●
●
●
●

Typical behavioral responses
Worst-case responses
% of animals that typically exhibit each response type
Condition of animals on resight
Time it takes to resume normal behavior after disturbance
Time it takes to repopulate rookeries/haul outs after flushing
Effects on lactating females and their dependent young or other sensitive life
stages

4. Explain how your activities will not result in injury, mortality, or reproductive
effects. 

5. Describe what mitigation measures you will employ to minimize adverse
reactions. If you will use the same mitigation measures for a suite of activities, you
may provide one discussion for each suite of activities (e.g., close approach by vessel
for filming, acoustic recordings, underwater filming, and behavioral observations).
6. 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.
7. Describe your monitoring protocols after your activities.
8. Explain if and why monitoring or mitigation is not feasible for specific species,
situations, etc.
9. Please describe any mitigation you will take to avoid or minimize impacts to nontarget protected taxa (e.g., sea turtles, corals, USFWS species). Discuss whether and
how they may be unintentionally harassed or otherwise affected.

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*Public Availability of Product/Publications: (up to 800 characters)
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?
Note: Your final product will need to include your permit
number. You will also need to include your permit
number in other formats that use the photographs or
video, such as DVDs and websites.

*Project Locations and Take Information
First, you will describe where you plan to work. Then, for
each location, use the Take Table to list the species you
expect to encounter and the filming/photography
procedures you will conduct.

How to count
takes of
cetaceans
Count every animal
approached regardless of
whether a behavioral
reaction has occurred.
During vessel surveys, only
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 Filmmaker’s
body, including drifting,
directed toward a cetacean
or group of cetaceans closer
than 100 yards for baleen
whales and 50 yards for all
other cetaceans.

1.

Add New Location: provide information about one
or more shoot locations
o General area (ocean basin)
o State(s), as applicable.

2.

Enter Location Details, as applicable:
During aerial surveys
(manned
or UAS) flown at an
o Waterbody: enter names of rivers,
altitude lower than 1,000
estuaries, bays, etc.
feet, count 1 take per animal
o Latitude and longitude of your shoot
observed per day, regardless
location
of the number of passes over
o Limits of your shoot location (e.g., to the U.S.
the same animal.
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).

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3.

Attach File: Include high quality map(s) to
scale that clearly shows the location of your
proposed activity and any environmental
areas 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 represents the estimated number of
animals you expect to encounter annually during
filming/photography. See the sidebars on pages (10
and 11) for guidance on how to count animals. 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 in APPS:
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
MMPA 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.

4. Production/Origin: Select Wild.

How to count takes
of pinnipeds
Count 1 take per animal per day
for those hauled‐out animals
that react to the activities,
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.

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

6. Sex: Select from the drop-down list. If your activity targets only one sex, indicate
which. 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.
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: In APPS, a separate pop-up window will appear with a species-specific
list of activities. Hold down the Control key to select multiple procedures to be
performed concurrently. Below in Table 1 is a list of the drop down options.
a. Choose Other if your proposed activity is not listed. In the Details box (see
#13 below), briefly describe what the Other means.
Table 1. Procedure (i.e. Method) options for a photography permit.
Acoustic, passive recording
Observations, behavioral
Other (define)
Photography / video
Remote vehicle, vessel

Remote vehicle, aerial (fixed wing)
Remote vehicle, aerial (VTOL)
Underwater photography / video
Unintentional harassment

b. See the Non-target Marine Mammals section for when to use “Unintentional
Harassment” and how to enter procedures for these species depending on
whether you will be filming them.

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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.
13. Details (Optional): Enter up to 255 characters to provide details on each take table
row. This is especially useful to clarify age class, specific activities, or projects.
Table 2. Sample Take Table
Species

Stock

Sea lion,
California

US Stock

Dolphin,
Risso's

California/
Oregon/
Washington
Stock

Dolphin,
common,
shortbeaked

California/
Oregon/
Washington
Stock

California
Dolphin,
Coastal
bottlenose
Stock

Life
stage

Sex

Expected
Take

Observe/
Collect
Method

Adult

Male
and
Female

200

Survey,
ground

All

Male
and
Female

100

Survey,
vessel

All

Male
and
Female

55

All

Male
and
Female

20

Procedures
Observations,
behavioral;
Photograph/
Video; Remote
vehicle, aerial
(VTOL)
Acoustic, passive
recording;
Observations,
behavioral;
Underwater
photo/
videography

Details

Filming only
outside of
breeding
season

Filming at
any time of
year

Survey,
aerial

Observations,
behavioral;
Photograph/
Video

Filming at
any time of
year

Survey,
vessel

Unintentional
harassment

No filming

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*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? Yes or no.
Examples include:
 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
 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. (up to 1,200 characters)
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? (up to
1,200 characters)
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? (up to 800 characters)

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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. (up to 2,000 characters)
Examples of potential impacts include:
 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. a. 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. Yes or no.
b. 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. (up to 1,200 characters)
4. a. Will your activities involve collecting, handling, or transporting potentially
infectious agents or pathogens, such as biological specimens (animals, blood,
tissues)? Yes or no.
b. Will your activities involve using or transporting hazardous substances, such as
toxic chemicals? Yes or no.
c. 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.
(up to 1,200 characters)

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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? Yes or no.
If yes:
a. Briefly describe the equipment or techniques and provide any information about
the use of these in your study area and/or with other taxa and what is known
about their impacts. (up to 1,200 characters)
b. Discuss the degree to which they are likely to be adopted by others for similar
activities or applied more broadly. (up to 800 characters)

*Project Contacts
In APPS, the person entering the application, will automatically be assigned the following
roles: Applicant/Permit Holder, Principal Investigator (PI), 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 with the names of the PI and Co-Investigators (CIs), and the specific
procedures they will oversee or conduct (see example Table 3). If applying via
APPS, attach the table on the Supplemental Information page. If submitting your
application via email, send as an attachment.
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
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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:


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), 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 must 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.

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UAS Pilots are persons who have their FAA-certification to fly unmanned aircraft systems
and experience piloting UAS. A CI or the PI with marine mammal experience may be
qualified to serve in this role. In other cases, you may designate someone as a UAS Pilot
who is tasked with only that role and does not have marine mammal experience.
Personnel for Unmanned Aircraft Systems (UAS)
To fly UAS, you must have: 1) someone with experience working with the target species in
the wild, and 2) someone who is FAA-certified to conduct or oversee UAS flights with
approximately 5 hours of flight experience. These may be satisfied by one or more persons,
depending on the qualifications of your team. The following scenarios in Table 3 describe
the personnel roles for UAS that you may request based on their qualifications.
Table 3. UAS Personnel
Scenario 1: Species expert who is also an FAA‐certified UAS pilot
If the person has:
They may be named as:
PI or CI to supervise and operate UAS.
Experience working with the subject
No separate UAS Pilot required to be named
species/taxa in the wild and UAS
experience with an FAA UAS certification on the application.
Scenario 2: Species expert (PI or CI) accompanied by an FAA‐certified UAS pilot
If the person has:
They may be named as:
Experience working with the subject
PI or CI to supervise UAS. A separate UAS
species/taxa in the wild, but no UAS
Pilot must be named for the UAS operation.
experience
UAS pilot to operate the UAS or directly
oversee operation as the remote pilot in
UAS experience and FAA UAS certification
command. The UAS pilot must be
but no marine mammal experience
supervised by the PI or a CI with marine
mammal experience.
Note: Other personnel who are not FAA-certified may manually operate the UAS (e.g., for
training purposes) provided the FAA certified pilot designated on the permit directly
oversees the UAS operation.
Qualifications and Experience
The PI and each CI must have a CV, resume or biosketch. 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.
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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).
All documentation submitted will be publicly available. DO NOT include personal
information (e.g., social security number, nationality, date of birth, home phone). Include:
 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 (include species).
For UAS pilots, please DO NOT send a copy of their FAA certification. The FAA card
contains additional personal information that we do not need.
In addition, you must submit a table (see Table 3) defining the PI and CI roles and activities
(i.e., supervising or conducting specific procedures).
Table 4. Example Personnel Roles
Name/Affiliation
John Smith, Affiliation, City,
State

Role
Principal
Investigator

Activities
Supervise and perform all
activities under the permit

Jane Doe, Affiliation, City, State

Co-Investigator

Conduct and oversee underwater
filming operations

Bob Jones, Affiliation, City, State

Co-Investigator

UAS pilot

Submit Application
You should submit your application via email to nmfs.pr1.apps@noaa.gov. In the future,
you will be able to enter and submit your application via APPS.

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Additional Information
When should I apply?
At least 4 months before your project will begin, preferably 6 months prior.

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.
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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).
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.

Applicable Laws and Regulations
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.
The information requested in this application 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. The permit application and
any associated documents, including any reports required, are considered public
information and as such, are subject to the Freedom of Information Act.

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Paperwork Reduction Act Statement
A Federal agency may not conduct or sponsor, and a person is not required to respond to,
nor shall a person be subject to a penalty for failure to comply with an information
collection subject to the requirements of the Paperwork Reduction Act of 1995 unless the
information collection has a currently valid OMB Control Number. The approved OMB
Control Number for this information collection is 0648-0084. Without this approval, we
could not conduct this information collection. Public reporting for this information
collection is estimated to be approximately 10 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the information collection. All responses to this
information collection are required to obtain a photography permit pursuant to the MMPA,
NEPA, and their implementing regulations. Send comments regarding this burden estimate
or any other aspect of this information collection, 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; email nmfs.pr1.apps@noaa.gov.

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