8 



sion for a long-term study. Guidelines would be set up for release of marine mam- 

 mals taken for research back into the wild so that this is done in the most humane 

 manner possible. The Bill requires that the animals be released at their original site 

 of capture and encourages non-invasive research whenever possible. 



Finally, my Bill imposes increased penalties for non-compliance. The Bill would 

 raise the penalties for those who violate provisions of the Animal Welfare Act relat- 

 ing to marine mammals to equality with the penalties under the Marine Mammal 

 Protection Act. Specifically, the Bill establishes civil penalties of not more than 

 $10,000 for each violation; criminal penalties for a knowing violation of not more 

 than $20,000 for each violation; and includes the possibility of imprisonment for not 

 more than one year for violation of the Act. 



My involvement in this issue stretches back several years and is based both on 

 what I have observed and what informed individuals and experts in my district 

 have indicated is the current state of affairs. In the spring of 1991, for example, 

 a television station in my district aired a week-long report concerning marine mam- 

 mals. This investigating series, "Dolphins: Dying to Please You," documented how 

 these animals are captured off the coast of Florida and what life awaits them after 

 capture. 



I believe that most people would be surprised to learn that in order to receive a 

 permit to capture a dolphin, all one really needs to do is apply for a permit with 

 the National Marine Fisheries Service. The fee for such a permit ranges from $25- 

 $200 and the requirements on the permit holder are virtually non-existent — all one 

 really needs is a net and a boat. 



Animals are also captured without the supervision of the National Marine Fish- 

 eries Service or any other of the several regulatory agencies overseeing marine 

 mammals. 



Economics drives the process. It is estimated that the worth of unmarked and 

 trained dolphins ranges from about $50,000 to about $100,000. Thus, the rewards 

 are significant while the barriers of entry are low. 



We must additionally remember the consequences of our actions. Dolphins in the 

 wild generally live to be 45 years old, but this dramatically changes once the dol- 

 phin is in captivity. Often, captive dolphins do not live to half of their normal life 

 span. 



The reason for these deaths is often related to stress. We know that dolphins in 

 the wild often travel together in families, better known as pods. Once these dolphins 

 are captured they are thrown into a very different world. Dolphins will be separated 

 from each other, unable to have the same contact with other members of their spe- 

 cies. 



Many times, dolphins are also placed in small tanks of water. These tanks may 

 be smaller than a swimming pool you might find in someone's back yard, and the 

 dolphins are thus severely restricted in comparison to their natural state. This 

 treatment alone often results in the deaths of these animals. 



We must end this cycle and treat dolphins as well as other marine mammals in 

 an intelligent and humane manner. My Bill seeks to encourage this and I am hope- 

 ful that the Subcommittee will also act on some of the reforms I have outlined. 



In closing, I would again like to express my gratitude to Chairman Studds and 

 the Committee for giving me the opportunity to address the Subcommittee today. 



I would be delighted to work with the members of this Subcommittee — and, in- 

 deed, the Full Committee — in any way possible to help craft and strengthen the Ma- 

 rine Mammal Protection Act. 



Thank you. 



[Statement of Mr. Lipinski follows]: 

 Statement of Hon. William O. Lipinski, a U.S. Representative from Illinois 



Mr. Chairman, I want to thank you for this opportunity to express my concerns 

 about the reauthorization of the Marine Mammal Protection Act (MMPA). 



Last year the National Marine Fisheries Service (NMFS) issued proposed regula- 

 tions which would change the way public display and scientific research facilities 

 are regulated. While I applaud their efforts to protect marine mammals, I have 

 some concerns about these new proposals. 



At a time when President Clinton is trying to streamline the Federal Government, 

 the NMFS proposals apparently create a duplication of jurisdiction and procedures. 



If NMFS is concerned with strengthening current regulations, perhaps it could be 

 better accomplished by helping the Animal and Plant Inspection Service (APHIS) 

 to reinforce their procedures. It is my understanding that APHIS and NMFS cur- 

 rently share jurisdiction of display and scientific facilities under an interagency 



