44 



begin conducting a swim-with-the-dolphins program similar to four 

 existing experimental programs . NMFS denied this request by The 

 Mirage, as we had several other such requests, explaining that, 

 until a study was completed on the effects of such swim-with 

 programs on the dolphins, no additional such programs would be 

 authorized. The Mirage then filed a lawsuit to overturn this 

 decision by NMFS. As one of several counts in its lawsuit, The 

 Mirage challenged whether the MMPA applies to captive marine 

 mammals at all. 



On November 24, 1993, the District Court judge decided this case 

 in favor of The Mirage, ruling that the MMPA does not apply to 

 captive marine mammals. Although the decision interpreted the 

 statute, the parties and the court agreed that this decision 

 applies only to The Mirage pending the outcome of an appeal. 

 Although the ruling allows The Mirage to conduct a swim-with 

 program before completion of the study, The Mirage has agreed in 

 the interim to abide by most of the conditions contained in the 

 permits of the four experimental swim-with-the-dolphins programs 

 that are a part of the study. The Department of Commerce has 

 asked the Justice Department to appeal this District Court 

 ruling. 



Now, following this lawsuit by The Mirage, and more than twenty 

 years after enactment of the MMPA, the issue is being raised as 



