MARINE MAMMAL COMMISSION — Annual Report for 1992 
Impact Statement was not required. The Federal 
defendants also noted that, although the Act requires 
prior notice to the permittee of a proposed permit 
modification, there is no statutory requirement for 
prior public notice and comment. 
The New England Aquarium, making similar argu- 
ments, filed similar dispositive motions on 9 January 
1992. Briefing of the case has been completed, but as 
of the end of 1992, no hearing date had been set. 
194 
