120 



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Congress also recognized the important role of scientific 

 research in relation to marine mammals. 5 



In recognition of the essential role that marine mammal 

 public display and scientific research institutions play in 

 carrying out the purposes and policies of the MMPA, Congress 

 created a special, favorable provision for them under the 

 MMPA. MMPA permits for public display and scientific 

 research are a special exception to the Act's moratorium on 

 taking and can be obtained pursuant to simplified 

 requirements (16 U.S.C. § 1371(a)(1)). This regime for 

 public display and scientific research is regime separate 

 from the regimes applicable to other activities such as 

 commercial fisheries (§ 1371(a)(2)), and periodic "waivers" 

 (§ 1371(a)(3)(A)). 



Congressional policy in favor of public display and 

 scientific research was reiterated and reinforced in 1988, 

 when Congress reauthorized the MMPA. 6 



Cong. Rec. S25291 (July 25, 1972) . Senator Tunney 

 anticipated "very little difficulty" for public display 

 institutions as a result of the MMPA. Id. S25270. 



5 The MMPA recognizes that "there is inadequate 

 knowledge of the ecology and population dynamics of such 

 marine mammals and of the factors which bear upon their 

 ability to reproduce themselves successfully." 16 U.S.C. 

 1361(3) . 



6 Thus, the House Committee report on the 1988 

 Amendments stressed that 



"[e]ducation is an important tool that can be used 

 to teach the public that marine mammals are 

 resources of great aesthetic, recreational and 

 economic significance. It is important, therefore, 

 that public display permits be issued to entities 

 that help inform the public about marine mammals, 

 as well as perform other functions. 



Permits may continue to be issued to public 

 and privately owned zoological parks and 

 oceanariums, as well as other qualifying 

 institutions." H.R. Rep. No. 970, 100th Cong., 2d 

 Sess. 33-34 (1988). 



Similarly, the Senate Report stated that 



