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to whether or not the MMPA applies to those marine mammals held 

 in public display facilities. 



We believe the current law most certainly does apply. NMFS 

 through the MMPA, and the Animal and Plant Health Inspection 

 Service (APHIS) through the Animal Welfare Act, both assert 

 jurisdiction over captive marine mammals, but with different 

 emphasis and under different conditions. The protection for 

 marine mammals under these laws is complementary, not 

 duplicative. It is important that the responsible Federal 

 agencies work closely together to avoid duplication and ensure 

 that actions are coordinated and limited agency resources are 

 used in the most effective and efficient manner practicable, 

 while providing the best possible protection for marine mammals. 

 We believe, as does APHIS, that our interagency agreement is 

 working well and provides an appropriate mechanism for resolving 

 any issues that arise concerning our respective roles in 

 protecting marine mammals . 



A few facts and some background will help to illustrate how 

 Federal efforts are currently being coordinated. Under the 

 existing MMPA, all marine mammals, both wild and captive, have 

 been declared by Congress as worthy of special protection. It is 

 within this context that NMFS and the U.S. Fish and Wildlife 

 Service administer the permit provisions of this law. APHIS 



