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This Committee and Congress may reaffirm that the MMPA does 

 protect captive marine mammals; either retaining that authority 

 with the Secretary of Commerce and NMFS or assigning entirely the 

 jurisdiction and responsibility for captive marine mammals under 

 the MMPA to a different Federal agency, such as the Secretary of 

 Agriculture and APHIS. Or, this Committee and Congress may 

 decide that the MMPA applies only to marine mammals in the wild 

 and not to captive marine mammals. Importantly, we request in 

 the strongest terms that any considered amendments be drafted in 

 the clearest possible manner. At a time when public controversy 

 and criticism concerning captive marine mammals continues to 

 increase, it is critical that the regulated communities and the 

 public understand which laws apply and what agency or agencies of 

 the Federal government are responsible for oversight of captive 

 marine mammals, in what capacity and to what degree. 



It is our position that, if this Committee and Congress reaffirm 

 that captive marine mammals are protected by the MMPA, the 

 Secretaries of Commerce and the Interior, in consultation with 

 the Marine Mammal Commission, have the most relevant expertise 

 regarding the issuance of permits for activities involving such 

 marine mammals. These same agencies can best ensure that this 

 law is implemented consistent with the intent of Congress. 



If, however, this Committee and Congress decide to amend the MMPA 

 to assign jurisdiction and responsibility for captive marine 



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