of the Act. In addition, NMFS should continue its current practice of collecting an- 

 nual reports from anyone in possession of a marine mammal, its progeny, or a ma- 

 rine mammal part. This would enable the Secretary to keep track of the status of 

 the animal or part and to enforce the Act. 



I believe that the NMFS rule proposed last October represents a major public pol- 

 icy shift from the current scheme for regulating activities affecting marine mam- 

 mals. If adopted, this rule would create new requirements, a new Federal bureauc- 

 racy at NMFS, and has the potential for creating another Federal bureaucracy at 

 the U.S. Fish and Wildlife Service. I hope that NMFS will refrain from continuing 

 to promulgate this rule until Congress has addressed the issues it raises in this re- 

 authorization process. 



Mr. Chairman, I look forward to working with you and the other members of the 

 Committee during the coming months. Together, I believe that we can craft legisla- 

 tion that recognizes the valuable role that zoological facilities play in educating the 

 public about the wonders of marine mammals. Additionally, I believe that we will 

 be able to clarify the regulatory responsibilities of NMFS for marine mammals. 



[Statement of Mr. Bilirakis follows:] 



Statement of Hon. Mike Bilirakis, a U.S. Representative from Florida 



First, I would like to take this opportunity to thank Chairman Studds and the 

 Committee for holding these important hearings on the reauthorization of the Ma- 

 rine Mammal Protection Act and the issue of public display. 



As most of you know, Florida holds about 40 percent of all captive dolphins. Fur- 

 thermore, most of the dolphins that are seen in theme parks across the country and 

 the world were probably captured or have ultimately come from Florida waters. 



In 1972, Congress passed the Marine Mammal Protection Act or (MMPA). The 

 purpose of this legislation was to ensure that these mammals were maintained at, 

 or restored to, healthy population levels. The Act established a moratorium on tak- 

 ing or importing marine mammals except for certain activities regulated and per- 

 mitted under the Act. These permitted activities include public display and scientific 

 research. 



Unfortunately, jurisdiction over marine mammals is divided among several agen- 

 cies. I believe we have a classic example of the dangers of Federal bureaucracy. We 

 have several agencies contradicting one another with regard to this Act, and in some 

 cases, I believe the agencies are not doing their job correctly to ensure that these 

 mammals are being treated humanely and captured properly. 



Late in the 102d Congress, I introduced legislation titled the Marine Mammal 

 Capture, Export and Public Display Act. I reintroduced this bill in the 103d Con- 

 gress on January 27, 1993, and, to date, 43 Members of the House have joined as 

 cosponsors. 



Simply put, I believe more can be done to prevent the needless deaths of our na- 

 tion's marine mammal population. My bill, H.R. 656, aims to provide greater protec- 

 tion for these animals in three main areas: capture, export, and public display. 



With regard to export, currently, the Marine Mammal Protection Act is silent on 

 the export of marine mammals either caught in U.S. waters or bred in U.S. zoos 

 and aquaria. 



My bill would end this silence. The bill bans the export of marine mammals, un- 

 less the animal is exported in order to improve its health or well-being. It is simply 

 hypocritical to place stringent requirements on theme parks and oceanariums in this 

 country but allow dolphins to be exported to other countries where they may be mis- 

 treated. 



Public display standards are also outlined in my bill, and I believe that the safety 

 standards applied to dolphins and other marine mammals in captivity must be re- 

 examined. My bill would require the Secretary of Agriculture to review the stand- 

 ards established under the Animal Welfare Act for the care and habitat of marine 

 mammals in captivity. 



Specifically, the Secretary would determine whether or not those standards are 

 adequate, considering: (1) the sizes of marine mammals, (2) current knowledge of 

 marine mammal physiology and behavior with respect to their need for exercise, au- 

 ditory capabilities, and their pre- and post-natal requirements, (3) their psycho- 

 logical and physical well-being, (4) their needs related to social grouping, including 

 minimum group size, gender, mix, and age composition, (5) interspecies compatibil- 

 ity, and (6) environmental modifications that might allow for more normal behavior 

 and social interaction. 



H.R. 656 also addresses research permits. Permits for research on marine mam- 

 mals would be limited to 2 years, unless the Secretary of Commerce issues an exten- 



