Chapter X — Permits for Marine Mammals 



Other things, the Commission provided a possible 

 definition of public display; recommended that the 

 Animal and Plant Health Inspection Service's marine 

 mammal care and maintenance regulations be re- 

 viewed and, as necessary, revised; provided comments 

 on the Service's interim policy on education and 

 conservation programs required of public display 

 permit holders; suggested basic information require- 

 ments for scientific research permit applications and 

 subsequent reports; proposed criteria for reviewing 

 enhancement permits; recommended that the Service 

 re-examine the legal status of the progeny of pre-Act 

 marine mammals under the Marine Mammal Protec- 

 tion Act; recommended that the Federal agencies 

 sharing responsibility for marine mammal manage- 

 ment adopt more consistent administrative practices; 

 and asked that the Service consider whether and when 

 capture and temporary maintenance of marine mam- 

 mals pending completion of a permanent facility might 

 be appropriate. 



In addition to soliciting written comments on its 

 discussion paper, the Service convened a series of 

 working sessions on various aspects of its permit 

 program to secure additional public comment and to 

 foster greater discussion of the major issues. In late 

 1989 and early 1990, workshops were held on the fol- 

 lowing topics: (1) the definition of public display; (2) 

 scientific research permits; (3) care and maintenance 

 standards for captive marine mammals; (4) public 

 display education and conservation programs; and (5) 

 application of the National Environmental Policy Act. 



Based on its discussion paper, comments received, 

 and information generated at the working sessions, the 

 Service is revising its permit regulations. The Service 

 originally had hoped to have a draft proposed rule 

 available for interagency review in March 1990. A 

 draft proposed rule is now expected to be completed 

 for publication and review early in 1992. 



Although the National Marine Fisheries Service has 

 yet to publish its proposed revisions to the permit 

 regulations, the Service has taken steps to institute 

 some of the Commission recommendations noted 

 above. As discussed in Chapter XI, the Service has 

 agreed to participate in an interagency review of the 

 Animal and Plant Health Inspection Service's marine 

 mammal care and maintenance regulations. 



As recommended by the Commission, the Service 

 re-examined the applicability of the Marine Mammal 

 Protection Act's pre-Act exception (section 102(e)) to 

 the captive-bom progeny of marine mammals held in 

 captivity before 21 December 1972, the effective date 

 of the Act. Under the Service's earlier interpretation, 

 all offspring of marine mammals taken before that 

 date, regardless of when they were bom, were consid- 

 ered to be pre-Act animals. In a 5 September 1991 

 Federal Register notice, the Service published a 

 revised interpretation of its regulations clarifying that 

 the Act's pre-Act exception applies only to marine 

 mammals "taken" before the effective date of the Act. 

 Under the new interpretation "[a]ny person or facility 

 that seeks to purchase, sell, or transport any marine 

 mammal bom in captivity after December 21, 1972, 

 must obtain prior authorization... to do so." This 

 interpretation is consistent with the long-held policy of 

 the Fish and Wildlife Service for species under the 

 jurisdiction of the Department of the Interior. 



As discussed in the previous Annual Report, the 

 Commission, on 12 March 1990, wrote to the Fish 

 and Wildlife Service, noting that Service representa- 

 tives had participated in most of the National Marine 

 Fisheries Service's permit working sessions and 

 recommending that the two agencies continue to work 

 together to ensure consistent interpretation and imple- 

 mentation of the 1988 amendments to the Marine 

 Mammal Protection Act and other permit require- 

 ments. The Fish and Wildlife Service has informed 

 the Commission that it intends to defer adoption of 

 revised permit regulations until the National Marine 

 Fisheries Service has completed its review and pub- 

 lished proposed regulations. At that time, it is 

 expected that the Fish and Wildlife Service will 

 propose regulations that are either similar or identical 

 to those of the National Marine Fisheries Service. 



Implementation of the 1988 



Amendments to the 



Marine Manunal Protection Act 



The Marine Mammal Protection Act provisions 

 governing scientific research and public display 

 permits were amended in 1988, and a new permit 

 category was created allowing the Services to autho- 



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