ing this important hearing today on the reauthorization of the Marine Mammal Pro- 

 tection Act. Because the Marine Mammal Protection Act continues to have such a 

 positive impact on the future of marine mammal education, scientific research, and 

 conservation programs, I wanted to make sure my Committee colleagues were aware 

 of a looming thunderstorm that is about to strike the fundamental purposes and 

 policies of the Marine Mammal Protection Act. 



The thunderstorm, of which I speak, is in the form of proposed permit regulations 

 from the National Marine Fisheries Service (NMFS). 



Specifically, NMFS would include captive marine mammals in the definition of 

 the term "take". I believe that "take" should be defined as covering only activities 

 "in the wild". Otherwise, NMFS will have jurisdiction from "the wild" to well beyond 

 the fence. This action would have serious consequences to the zoological commu- 

 nity's education, scientific and conservation programs in the form of additional bu- 

 reaucracy which is entirely unnecessary. Further, the current language would em- 

 power NMFS to set the standards for the care and maintenance of marine mammals 

 within their jurisdiction. This proposed action is contrary to the Clinton Administra- 

 tion's policy to streamline government agencies. 



An example: NMFS would require a facility to first apply for a permit to authorize 

 a specific activity; then prior to the activity, the facility would have to get authoriza- 

 tion. Finally, one week from the activity, the facility would have to inform NMFS 

 where, when, and how the activity will be performed — even though NMFS has al- 

 ready been informed of the activity from the original permit application. Not only 

 does this seem to be a redundancy, but an expensive redundancy at that. 



Mr. Chairman, I am very proud of the Marine Mammal Protection Act. It has 

 given our country's zoos and aquariums the foundation from which to secure the fu- 

 ture of marine mammal research. They have developed productive breeding pro- 

 grams of endangered and threatened species, created education programs used by 

 universities coast to coast, and have assisted in returning hundreds of animals back 

 to the wild. 



I look forward to hearing the views of our distinguished panel on this potential 

 crisis. I believe we must reauthorize the Marine Mammal Protection Act without im- 

 peding the zoological community's future. Thank you, Mr. Chairman. 



[Statement of Mr. Pombo follows]: 



Statement of Hon. Richard Pombo, a U.S. Representative from California 



Mr. Chairman, thank you for holding today's hearing on the reauthorization of the 

 Marine Mammal Protection Act (MMPA). In 1972, Congress took steps to address 

 the declining marine mammal population by enacting this important legislation. 



Today I want to express my concerns about sections of this Act which deal with 

 the public display of marine mammals. It is quite clear, the public display commu- 

 nity has been able to educate young and old — people around the world — to the im- 

 portance of marine mammals in our ecosystem. 



Every year, millions of people visit marine life parks, aquariums, and zoos to 

 learn more about marine mammals. Some of those millions of individuals visit Ma- 

 rine World Africa USA. Located in Vallejo, California, close to my congressional dis- 

 trict, many of my constituents visit the park for a day of excitement and education. 

 At Marine World individuals have the ability to experience marine mammals in an 

 up-close environment. Individuals walk away knowing a little more about marine 

 mammals and the environment. This is confirmed by a recent Ropers poll that re- 

 ported that 86% of visitors to zoos and aquariums are more likely to be committed 

 to environmental conservation as a result of their visit. 



The education programs in which Marine World has developed provides elemen- 

 tary schools, high schools, and universities an in-depth understanding into all as- 

 pects of marine mammals. As you may be aware, the commitment to marine mam- 

 mals does not end in the classroom. Members of the Alliance of Marine Mammal 

 Parks and Aquariums have spent over $20 million in the past 5 years on research 

 that helps stranded animals as well as wild populations. 



As we move through the process of the reauthorization of this bill, Mr. Chairman, 

 I hope that the Merchant Marine and Fisheries Committee can work in a bipartisan 

 manner to reinforce the original intent of this Act and to acknowledge the work the 

 public display community has done over the last 20 years. 



Mr. Studds. I am sure the ranking members of the majority side 

 will be pleased to allow us to hear from the distinguished member 

 from Alaska. 



