NOAA Form 89-881 Marine Mammal Transfer / Transport Notification

NOAA FORM 89-881

U.S. DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

MARINE MAMMAL TRANSFER/TRANSPORT NOTIFICATION
OMB No. 0648-0084; Exp.: xx/xx/xxxx
EXPORTS: You must contact NMFS directly (refer to contact information on the bottom of Page 2) regarding and any potential
export to ensure that all documentation has been provided to comply with the MMPA requirements. See ‘Export Notes’ on Page 4.
NOTIFICATIONS must be received at least 15 days before the date of transfer/transport.
Waivers: If this is an emergency and your animal must be moved prior to the 15 day notification, please call us (301-427-8401) and
email ([email protected]) to request an emergency waiver.
Multiple transports: If you need to provide a notification that includes multiple destinations, please indicate all potential destinations
on the form under receiving facility. You may submit multiple copies of the Certification (page 2) to include all potential destinations.
Planned Transfer Transport Date: _______________________
I.

II.

Transfer Transport Type (please check one):

□
□
□

Transfer – ownership is changing (e.g., donation, sale, or purchase)
Transport – physical movement (e.g., loan)
Transfer and Transport

Transfer (custody change) details, as applicable:
Current Owner (From): ____________________________________________________________
Receiving Owner (To): _____________________________________________________________

III.

Transport (location change) details, as applicable:
Current Facility (From): ____________________________________________________________
Receiving Facility (To): ____________________________________________________________

IV.

V.

Purpose of transfer/transport (please check one):

□
□
□
□
□

Public Display - Permit No. (as applicable) _______________________
Scientific Research (permit required) - Permit No. _______________________
Enhancement (permit required) - Permit No. ____________________________
Research and Enhancement (permit required) - Permit No. ____________________________
Department of Defense; choose one of the following:

□ Active

□ Retired

□ Breeding Loan

Animal Identification:
NOAA ID Number

Species

Animal ID Number or Animal Name

_______________

________________________

______________________________________________

_______________

________________________

______________________________________________

_______________

________________________

______________________________________________

MARINE MAMMAL TRANSFER/TRANSPORT NOTIFICATION (Continued)
VI.

Certification

I hereby certify that this notice and any attached supplemental information is complete, true and correct to the best of my knowledge
and belief. I understand that this information is submitted in compliance with the Marine Mammal Protection Act of 1972 (MMPA)
(16 U.S.C. 1361 et seq.), and regulations (50 CFR Part 216), and that any false statement may subject me to the criminal penalties of
18 U.S.C. 1001 or to penalties provided under the MMPA of 1972, as amended.
“From” Entity:

“To” Entity:

___________________________________
Signature of Responsible Official

_______________________________________
Signature of Responsible Official

___________________________________
Name of Responsible Official

_______________________________________
Name of Responsible Official

___________________________________
Title

_______________________________________
Title

___________________________________
Institution Name

_______________________________________
Institution Name

___________________________________
Primary Contact (other than Responsible Official)

_______________________________________
Primary Contact (other than Responsible Official)

___________________________________
Phone Number

_______________________________________
Phone Number

___________________________________
Email Address

_______________________________________
Email Address

Documentation required for this information collection is subject to the Freedom of Information Act (FOIA).
QUESTIONS? If you need assistance completing this form or would like to submit a completed form, please contact the Permits and
Conservation Division via:
a. Email ([email protected]);
b. Phone (301-427-8401); or
c. Mail (NMFS Permits and Conservation Division (F/PR1), 1315 East-West Hwy, Silver Spring, MD 20910).
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 1 hour 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 for marine mammal inventory reporting purposes pursuant to the MMPA. 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 [email protected].

NOAA FORM 89-881

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MARINE MAMMAL TRANSFER/TRANSPORT NOTIFICATION
NOTES
The Marine Mammal Protection Act of 1972, as amended (MMPA) (16 U.S.C. 1361 et seq.) requires notifications of transfer and
transport of living marine mammals be provided 15 days in advance. The National Marine Fisheries Service (NMFS) has jurisdiction
of most marine mammals (cetaceans and pinnipeds, except walruses), and the U.S. Fish and Wildlife Service (FWS) has jurisdiction
over the remaining marine mammal species (walrus, polar bear, manatee sp., dugong, marine otter or sea otter).
Notifications and verifications submitted via this form will be entered into the National Inventory of Marine Mammals (NIMM).
In case of emergencies, marine mammal owners and facilities must request and receive a waiver of the 15-day notification
requirement. Owners and facilities have 60 days to complete planned transfers and transports. After the transport or transport occurs,
they must be verified within 30 days.
Marine mammal Owners are responsible for submitting 15 day notifications for transfer and/or transport. Facilities should
consult with the marine mammal Owner prior to submitting a notification for an animal on loan.
I.

This is a planned or target date ONLY. Where a specific target date cannot be identified, please select a date 15 days after
the received notification date. Please note the date NMFS receives your notification is the start date of the required 15 days
notification. The actual transfer/transport may occur on a different date but must not occur until after the 15-day window
has passed.

II.

A “transfer” refers to a change in ownership (i.e., legal custody) of a marine mammal (e.g., sale, purchase, or donation). A
“transport” refers to a change in physical location of a marine mammal or in rare cases a facility name change (e.g.,
associated with a sale). A notification may reference a transfer only, a transport only, or both a transfer and transport.

III & IV. “Owner” means the person or institution with legal custody (i.e., ownership) of the marine mammal proposed to be
transferred/transported. The “facility” is the physical location of the marine mammal. The “From” entity is the current
owner or facility (i.e., where the animal is coming from via ownership or location change). The “To” entity is the owner
or facility that is receiving custody (i.e., ownership) or possession (i.e., location) of an animal.
V.

Animal Identification: All marine mammals reported to NMFS have a NOAA ID number that will never change. Please
use the NOAA ID number to identify all animals to be transferred/transported. The species and
Animal ID Number and/or Animal Name assigned by owners or facilities are used to as cross-checks to verify that NOAA
ID is corresponding to the correct animal. If you are proposing to transfer/transport more than four animals, please insert
rows or use an attachment. Please note the attachment on the form so that we will look for it.

VI.

Purpose: Please identify the purpose of the transfer/transport. Note that owners and facilities receiving marine mammals
for public display purposes must meet the following MMPA criteria:
• Offer an education or conservation program;
• Be open to the public on a regularly scheduled basis; and
• Be licensed or registered by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service
(USDA/APHIS) per the Animal Welfare Act (AWA).

VII.

Certification: Transfers and transports are authorized by the Responsible Official corresponding with the associated owner
and/or facility involved in the transaction. The Responsible Official is the individual who is responsible for and who has the
signatory authority for marine mammal custody decisions for or as the owner, or animal care and disposition at the facility.
The Primary Contact is the registrar or other person responsible for maintaining the marine mammal inventory records for
the owner or at the facility. The Responsible Official and the Primary Contact can be the same person.

NOAA FORM 89-881

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EXPORT NOTES
Foreign owners and facilities receiving marine mammals by export from the United States must meet standards that are comparable
to those applicable to persons transporting and receiving custody of marine mammals in the United States for purposes of public
display, scientific research or enhancement. Exports for public display purposes must adhere to the requirements of Section
104(c)(9) of the MMPA (16 U.S.C. 1361 et seq.). Comparable standards for public display for the receiving foreign owner/facility
include documentation of:
1. The education or conservation program comparable to one that is based on professionally recognized standards of the U.S.
public display community;
2. The admission policy that reflects the facility is open to the public on a regularly scheduled basis with access that is not
limited or restricted other than by charging an admission fee; and
3. A letter from the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS) stating that the
foreign facility concerned meets standards comparable to those applicable to U.S. licensees and registrants under the Animal
Welfare Act (AWA) (7 U.S.C. 2131 et seq.)
APHIS Requirements: NMFS must receive an APHIS comparability determination prior to authorizing the export of marine
mammals. To make this MMPA-required comparable standards determination, the foreign receiver must submit sufficient
documentation to APHIS on which to base such a determination, or be inspected by an APHIS inspector or other person designated
by APHIS at the expense of the importer or exporter. When documentation is submitted, the foreign government involved must
certify its accuracy. Please contact Animal Care, APHIS, Riverdale, MD 20737 (301-851-3751) for guidance concerning
documentation or inspection options.
In addition, the appropriate agency of the foreign government (e.g., the Convention on International Trade in Endangered Species
(CITES) management authority) must submit a statement certifying that:
1. The information set forth in the application is accurate;
2. The laws and regulations of the foreign government involved allow enforcement of the terms and conditions of the
authorization, and that the foreign government will enforce all terms and conditions; and
3. The foreign government involved will afford comity to any amendment, modification, suspension or revocation decision.
All three certification statements are required by NMFS to ensure compliance with MMPA requirements. APHIS requires only that
the accuracy of the information be certified as a prerequisite for making a comparability determination.
Subsequent transfer/transport of marine mammals previously exported from the United States, or their progeny, between foreign
holders must adhere to the above requirements. Foreign transfer/transport notifications must be submitted to NMFS through the
appropriate agency of the foreign government (e.g., the Convention on International Trade in Endangered Species (CITES)
management authority). A Marine Mammal Transfer/Transport Notification must be submitted at least 15 days before the
transfer/transport of exported marine mammals. The foreign receiver must document that they meet comparable standards to those
facilities holding marine mammals in the United States and provide certification statements from the appropriate agency of the
foreign government as described above.
CITES: Import and Export of protected species, including mammals, must comply with other applicable laws including CITES. For
further information on CITES permitting, please contact the U.S. Fish and Wildlife Service (USFWS), Division of Management
Authority, Branch of Permits, MS: IA, 5275 Leesburg Pike, Falls Church, VA 22041-3803 (1-800-358-2104) or email
[email protected].
If you are exporting animals for the purposes of scientific research or enhancement purposes under an MMPA permit, please contact
NMFS regarding additional requirements (refer to contact information on the bottom of Page 2).

NOAA FORM 89-881

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