117 



WILEY, REIN & FIELDING 



1776 K STREET, N.W. 



WASHINGTON, D. C. 2O0O6 



(202)429-7000 



JOHN A. HODGES 

 (202) 429-3377 



FACSIMILE 

 (202) 429-7049 

 EX 248349 WYRN 



STATEMENT ON BEHALF OF 

 THE MARINE MAMMAL COALITION 



BEFORE THE 



U.S. HOUSE OF REPRESENTATIVES 



SUBCOMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES 



ON THE MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1993 



August 4, 1993 



My name is John A. Hodges. I am a partner with the law 

 firm of Wiley, Rein & Fielding in Washington, D.C. I am 

 General Counsel of the Marine Mammal Coalition, a consortium 

 of marine mammal public display and scientific research 

 institutions. 



The Marine Mammal Coalition appreciates this opportunity 

 to present its position concerning H.R. 2760, the Marine 

 Mammal Protection Act Amendments of 1993. 



Congress should ensure that any legislation to govern 

 the interaction between marine mammals and commercial fishing 

 operations does not disturb the special regime for public 

 display and scientific research under the MMPA. Proposed 

 Section 118 of the MMPA, as added by Section 6 of H.R. 2760, 

 is explicitly and properly limited to "govern [ing] the 

 incidental taking of marine mammals in the course of 

 commercial fishing operations." § 118(a)(1). The Section is 

 clearly intended to avoid impacting the special regime for 

 public display and scientific research. 1 At least three 

 clarifying amendments, however, should be made to avoid any 



1 In the light of the limited scope of Section 118, we 

 are concerned that the Marine Mammal Commission's statement 

 before this Subcommittee on H.R. 2760 speaks as if that 

 Section is broader. See, e.g. , Statement of Robert J. 

 Hoffman, Marine Mammal Commission, Aug. 4, 1993, at 3 ("It is 

 also not clear from the Bill, as presently drafted, who would 

 be responsible for allocating take among fisheries and other 

 users when the total take, if not limited, would be greater 

 than the Potential Biological Removal level") (emphasis 

 added) . 



