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As background, after enactment of the MMPA in 1972 and until 

 1979, NMFS included detailed terms and conditions for the care 

 and maintenance of captive marine mammals in all public display 

 permits. During this seven year period, captive care standards 

 for marine mammals were applied and enforced solely by NMFS and 

 the Fish and Wildlife Service under the authority of the MMPA; 

 there were no such standards in existence under the Animal 

 Welfare Act. 



In 1979, several steps were taken to avoid duplication. APHIS, 

 recognizing the unique captive care and maintenance needs of 

 marine mammals, and after consultation with the Marine Mammal 

 Commission, NMFS, and the Fish and Wildlife Service, promulgated 

 for the first time marine mammal standards under the Animal 

 Welfare Act. Additionally, NMFS and the Fish and Wildlife 

 Service signed an interagency agreement with APHIS to avoid 

 duplication and share available resources. Finally, to avoid 

 such duplication, NMFS then amended all public display permits to 

 reference these care and maintenance standards issued by APHIS. 



The 1993 revisions in our October permit regulations continue to 

 apply these fifteen-year-old care and maintenance standards to 

 permits issued under the MMPA. 



With its field inspection staff, APHIS was and continues to be in 

 the best position to conduct routine inspections of facilities. 



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