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participants, e.g., reporting requirements placed on permittees, 

 can be addressed administratively. 



Another issue related to scientific research is the proposal 

 that the Marine Mammal Protection Act be amended to prohibit 

 invasive and lethal research on marine mammals unless it will 

 directly benefit the species in the wild. 



While the Commission agrees that invasive and lethal 

 research techniques should not be used needlessly, we strongly 

 believe that, in addition to research designed to benefit wild 

 marine mammal populations, use of lethal or invasive techniques 

 might at times be necessary and appropriate when conducting some 

 types of basic research. In all instances, however, the existing 

 statutory provisions would be applicable to ensure that such 

 techniques will not be used when non-lethal or less invasive 

 methods are practicable. 



Public display 



In testimony presented to the Senate Committee on Commerce, 

 Science, and Transportation on 28 July 1993, the American 

 Association of Zoological Parks and Aquariums, representing the 

 public display industry, and the Humane Society of the United 

 States, representing several environmental and animal welfare 

 organizations, proposed several amendments to the public display 

 provisions of the Act. The Commission would like to comment on 

 the principal amendments advocated by these groups. 



The American Association of Zoological Parks and Aquariums 

 and the Humane Society each thought changes were needed in the 

 current jurisdiction for captive marine mammals. The American 

 Association of Zoological Parks and Aquariums believes that all 

 authority for captive marine mammals should be vested in the 

 Animal and Plant Health Inspection Service. The Humane Society 

 believes that all authority should be placed with the National 

 Marine Fisheries Service. While not explicit in its testimony, 

 it may be that the Humane Society is advocating that the National 

 Marine Fisheries Service be given authority over all captive 

 marine mammals including those that are otherwise under the 

 jurisdiction of the Fish and Wildlife Service. 



Currently, jurisdiction over most captive animals, including 

 marine mammals, is vested in the Animal and Plant Health 

 Inspection Service under the Animal Welfare Act. In addition, 

 section 104(c)(1) of the Marine Mammal Protection Act, which 

 requires marine mammal permits to specify "the methods of 

 capture, supervision, care, and transportation which must be 

 observed pursuant to and after such taking or importation," 

 confers jurisdiction over those captive marine mammals held under 

 permit to the National Marine Fisheries Service and the Fish and 

 Wildlife Service. Also, the Marine Mammal Protection Act's 



