mation requirements for scientific research permit 
applications and subsequent reports; proposed criteria 
for reviewing enhancement permits; recommended 
that the Service reexamine the legal status under the 
Marine Mammal Protection Act of the progeny from 
pre-Act marine mammals; recommended that the 
Federal agencies sharing responsibility for marine 
mammal management adopt more consistent adminis- 
trative practices; and asked that the Service consider 
whether and when capture and temporary maintenance 
of marine mammals pending completion of a perma- 
nent 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 
discussion. The working sessions, held late in 1989 
and early in 1990, focused on the following 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) applica- 
tion 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 its draft proposed rule 
available for interagency review early in 1992, but 
because of an Administration moratorium on new 
regulations, was unable to do so. A draft proposed 
tule is now expected to be published in mid-1993. 
Pending publication of its proposed revised regula- 
tions, the National Marine Fisheries Service has taken 
Steps to institute some of the Commission recommen- 
dations noted above. As discussed in Chapter XI, the 
Service agreed to participate in an interagency review 
of the Animal and Plant Health Inspection Service’s 
marine mammal care and maintenance standards. 
Also on 5 September 1991, 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 revised interpretation “[a]ny person or 
facility that seeks to purchase, sell, or transport any 
marine mammal born in captivity after December 21, 
1972, must obtain prior authorization...to do so.” 
185 
Chapter XI — Permits for Marine Mammals 
This interpretation is consistent with the long-held 
policy of the Fish and Wildlife Service for species 
under the Department of the Interior’s jurisdiction. 
As discussed in previous annual reports, in 1990 
the Commission wrote to the Fish and Wildlife Ser- 
vice, recommending that it work with the National 
Marine Fisheries Service to ensure consistent interpre- 
tation and implementation of the 1988 amendments to 
the Marine Mammal Protection Act and other permit 
requirements. 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 has published proposed regulations. At 
that time, the Fish and Wildlife Service expects to 
propose regulations that are either similar or identical 
to those of the National Marine Fisheries Service. 
Implementation of 1988 Amendments 
to the Marine Mammal Protection Act 
The Marine Mammal Protection Act’s provisions 
governing scientific research and public display 
permits were amended in 1988, and a new permit 
category was created allowing the Services to autho- 
rize activities designed to enhance the survival or 
recovery of marine mammal populations. Also, under 
the amendments, marine mammals that were pregnant 
or nursing at the time of taking or less than eight 
months old may now be imported for public display if 
it is determined that such importation is necessary for 
the protection or welfare of the animal. 
The amendments specify that public display permits 
may be issued only to an applicant that offers an 
acceptable education or conservation program, based 
upon professionally recognized standards of the public 
display community, and whose facility is open to the 
general public on a regularly scheduled basis. For 
scientific research permits, the amendment requires 
that applicants provide evidence that the proposed 
taking is necessary to further a bona fide scientific 
research need and does not unnecessarily duplicate 
other research. Lethal research on marine mammals 
can be authorized only if the applicant demonstrates 
that non-lethal alternatives are not feasible. In the 
