33 



It is important to keep in mind the benefits derived from the zoological commu- 

 nity's education, researcn, rescue, rehabilitation, and care and maintenance efforts 

 to protect marine mammals and their habitat. The great service that the zoological 

 community provides in these areas should be recognized and should not be discour- 

 aged by unnecessary and burdensome regulations. Such a burden could result in a 

 decision by the scientific and zoological community to scale back research and res- 

 cue efforts, thus requiring additional resources from the Federal Government. 



Mr. Chairman, as we learn more about marine mammals both in the wild and 

 in captivity, let's be sure to strengthen Congress' original intent that the National 

 Marine Fisheries Service has ana should maintain the authority to issue permits 

 for "takes" from the wild and for the importation of marine mammals or marine 

 mammal parts 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 activities in the wild or affecting a marine mammal s natural habi- 

 tat. 



Again, thank you for holding this hearing today. I look forward to working with 

 you on this important issue. 



Mr. Cunningham. But Dr. Foster, you stated you worked for over 

 20 years with the other regulatory agencies. Mr. Jenkins and oth- 

 ers object to the intrusion and request that this Committee clarifies 

 the lines of jurisdiction. And I know whether it is Republican or 

 Democrat or CIA or FBI or Border Patrol or INS, there is always 

 a struggle for power and dominance within different organizations. 

 And I think in any of those instances and this one too where that 

 thrust for power or control is detrimental to what we want to do 

 in especially the Marine Mammal Protection Act, I think that is 

 where we need to step in and separate the pepper. 



I used to date a young lady that worked at Sea World. Unfortu- 

 nately, she was more interested in the animals than she was in me 

 and she phased me out. But during that timeframe, I know the 

 care and the love, I know the veterinarians, I talked to some other 

 members up in the Seattle area, I know the care and the love that 

 these animals get and I understand, you know, some of the prob- 

 lems. 



But I think, and I would hope with the Chairman and this Com- 

 mittee that we can look at some kind of compromise in this thing 

 because what we are all interested in, I think, is the protection of 

 these animals. I was going to ask you the questions about the 

 amount of $500, is that per animal or is that total? 



Mr. Jenkins. That is per animal, per activity, such as a trans- 

 port. Every time we would move an animal, for example, within the 

 context of our breeding loan agreements, we would have to put up 

 a surety bond for the transport of that animal. 



Mr. Cunningham. OK. It seems that it is the private industry 

 that provides, like you said when you had your problems, they 

 come in and step in, they feel a responsibility. But maybe even all 

 of those groups together across the United States and this Commit- 

 tee could look into it, Mr. Chairman, as forming some kind of alli- 

 ance to where the actual industry doesn't have to take care of it 

 themselves, but maybe an alliance would have a way to provide 

 funds, you know, to take care of these problems and step in. And 

 I would hope in a responsible way that this is the way the agencies 

 would step forward and do this. But I know the value — this Satur- 

 day we have an event called Game 24, which kids in an education 

 program are having at Sea World, in our zoo in San Diego and if 

 I was a critter I would rather be there than out in the open ocean 

 because of the care and love that they get there. I thank all the 



