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should be amended to provide for the import and export of such 

 native art for the purpose of its exhibit in a museum or other 

 similar institution open to the public, or for other native 

 cultural purposes. 



2) Similarly, the MMPA does not provide an efficient mechanism 

 to authorize small levels of harassment incidental to other 

 activities. The regulatory process of section 101(a) (5) of the 

 MMPA is a lengthy procedure that precludes authorizing some 

 activities with only minor impacts. The Act should be revised to 

 allow small, incidental takes of marine mammals that have only a 

 negligible impact under a much more straightforward, simpler, and 

 less lengthy process. 



3) The exemption from the MMPA for animals already in captivity 

 prior to the enactment of the MMPA should be rescinded. Although 

 this exemption may be appropriate in the case of marine mammal 

 parts or products, NMFS believes it is time, more than 20 years 

 after enactment of the MMPA, to remove this exemption as it 

 applies to living animals held captive for public display or 

 scientific research purposes. This exemption served its purpose 

 during the initial period following enactment of the MMPA. 

 Marine mammals presently exempted from the provisions of the MMPA 

 should be afforded the same protection under the MMPA as all 

 other marine mammals . It is time to ensure that the provisions 



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