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THE PROPOSED REGIME DNNECESSARILY IWVOLVES POBLIC DISPLAY IN 

 FISHING ISSUES 



The Proposed Regime establishes a mechanism for (1) 

 calculating the Potential Biological Removal ("PBR") allowed from 

 each marine mammal stock, (2) categorizing such stocks as Class 

 Alpha or Class Beta stocks based on the number of animals which 

 will be taken in a year, (3) determining which fisheries have 

 "significant" interactions with marine mammal stocks, and (4) 

 allocating the available PBR among all user groups. Each of 

 these four determinations will be made anew each year, and each 

 year they will be subject to judicial review. And the courts 

 will not become involved until after there have been extensive 

 rulemaking proceedings complete with the development of 

 substantial scientific, statistical and other data. Anyone 

 wishing to take marine mammals for any purpose will be forced to 

 participate in this annual process, which will require the 

 investment of significant sums of time, money and effort. 



In the case of public display, the development of scientific 

 data on stock status, participation in the administrative 

 rulemaking process, and participation in any ensuing litigation 

 will all occur, annually, for the taking of perhaps one or two 

 animals per year for public display. According to NMFS data, in 

 the three years 1990-1992, the public display industry took only 

 four marine mammals from the wild under the MMPA. 



If the issue Congress is seeking to resolve is marine 

 mammal/fishery interactions, the public display community would 

 like to avoid becoming embroiled in that fight, particularly when 

 becoming embroiled in that fight will be extremely costly and 

 time consuming. 



THE PROPOSED REGIME DISCODRAGES CONTINUATION OF POBLIC DISPLAY, 

 SCIENTIFIC RESEARCH, AND EFFORTS TO ENHANCE THE SURVIVAL AND 

 RECOVERY OF MARINE MAMMALS 



Under the Proposed Regime, it will be easier to get a permit 

 to take marine mammals during commercial fishing operations than 

 to conduct scientific research to help the survival of marine 

 mammals or to educate the public about the need to protect marine 

 mammals and their environment. 



