48 



We believe that this cooperative interagency approach will not 

 require additional resources by either NMFS or APHIS to carry out 

 our respective responsibilities concerning captive marine 

 mammals . 



During our permit program review, many serious questions were 

 raised regarding the adequacy of these now fifteen-year-old 

 marine mammal care standards. To address these concerns, APHIS 

 has agreed to initiate a review of the standards in cooperation 

 with NMFS, the Marine Mammal Commission, and the Fish and 

 Wildlife Service. These are the agencies with the most knowledge 

 of marine mammal behavior, physiology and population dynamics. 

 It remains our position that in the unlikely event the revised 

 APHIS standards under the Animal Welfare Act do not reflect the 

 special status and protection afforded marine mammals under the 

 MMPA, only then might it become necessary to supplement, but not 

 duplicate, such existing standards. 



We believe that both the spirit and letter of the existing MMPA 

 confer jurisdiction over captive marine mammals. However, we 

 agree that, since a question has arisen as to whether the MMPA 

 applies to captive marine mammals, this issue is too important to 

 leave any doubt as to the intent of Congress. We agree that the 

 question should be dealt with directly and that the intent of the 

 law should be clear. 



