need to do what is necessary to ensure the health and preservation of our marine 

 mammal species for future generations. 



The zoological and marine mammal public display community plays an important 

 part in this effort by demonstrating the value of marine mammal species and visibly 

 displaying the close relationship between human behavior and the health of these 

 species. As such, I hope that in the process of drafting a reauthorization of the 

 MMPA, this Committee will support amendments to the Act that will allow respon- 

 sible institutions to conduct their important display, education, and conservation 

 programs within a sensible and practical regulatory scheme that avoids unnecessary 

 duplicative and overlapping requirements. It is vital that we ensure the proper care 

 and treatment of marine mammals; however, I hope we can do so in a way that 

 will promote the dissemination to the public of information about the value of these 

 species, rather than deter it. 



I look forward to hearing from the witnesses today, and, likewise, I look forward 

 to working with the Chairman and the ranking member, Representative Saxton, on 

 the large number of issues that need to be resolved as we work towards the reau- 

 thorization of the MMPA. 



[Statement of Ms. Schenk follows]: 



Statement of Hon. Lynn Schenk, a U.S. Representative from California 



Thank you, Mr. Chairman. As a member whose district is home to a Sea World 

 facility, I am very interested in the issues raised as this Subcommittee considers 

 the reauthorization of the Marine Mammal Protection Act (MMPA), particularly 

 those aspects of the reauthorization affecting zoological institutions. I appreciate 

 being able to submit this statement for the hearing record. 



The MMPA was enacted in 1972 to conserve declining marine mammal popu- 

 lations in the wild from human threats to their continued existence. The Act safe- 

 guards marine mammals by managing human activities affecting them and their 

 natural habitat. Sea World and other members of the Alliance of Marine Mammal 

 Parks and Aquariums (Alliance) and of the American Association of Zoological Parks 

 and Aquariums (AZA) continually work toward marine mammal protection in a 

 number of ways including education, research, rescue and rehabilitation, and care 

 and maintenance. The MMPA specifically recognizes the important role that the zo- 

 ological community plays in educating the public about the importance of marine 

 mammal protection and conservation. Congress should reaffirm this importance as 

 it reauthorizes the MMPA. 



The benefits derived from the zoological community's education, research, rescue 

 and rehabilitation, and care and maintenance efforts help to protect marine mam- 

 mals and their habitat at no expense to the Federal Government. The great service 

 that the zoological community provides in these areas should be recognized and 

 should not be discouraged by unnecessary regulation. 



We should take advantage of this opportunity to clarify various issues that have 

 been raised over the past 5 years. Such issues generally address the proper roles 

 that the National Marine Fisheries Service and the Department of Agriculture's 

 Animal and Plant Health Inspection Service (APHIS) should play in regulating the 

 various activities affecting marine mammals. The MMPA and its legislative history 

 indicate that Congress intended the statute to only apply to marine mammals in 

 the wild. The National Marine Fisheries Service and the U.S. Fish and Wildlife 

 Service are responsible for enforcing the Act. The Animal Welfare Act (AW A), en- 

 forced by APHIS, regulates the care and maintenance of marine mammals in zoolog- 

 ical facilities. Through the years, much confusion has developed over what role each 

 agency should play. This confusion has led to duplication of effort, conflicting stand- 

 ards, and law suits. Resources are consequently diverted from protecting marine 

 mammals to litigation and other diversionary activities. 



The MMPA should be clarified to further strengthen Congress' original intent that 

 NMFS has and should maintain the authority to issue permits for 'takes" from the 

 wild and for the importation of marine mammals or marine mammal parts from a 

 foreign country. The term "take" should be explicitly clarified to include only activi- 

 ties in the wild or affecting a marine mammal's natural habitat. 



The law should also be revised to make it clear that once a permit is issued, the 

 marine mammal and its progeny can be lawfully owned, possessed, transported, 

 sold, or purchased without the need for any additional permit, provided the Sec- 

 retary of Commerce is notified in advance of any such transaction and that the 

 transaction is for a purpose authorized by the MMPA. 



NMFS should maintain its authority to enforce criminal and civil penalties 

 against anyone possessing a marine mammal or marine mammal part in violation 



