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and we thank them for their efforts to rectify this situation. H.R. 656 also addresses 

 issues, such as a rigorous tracking system for individual animals, that are covered in the 

 proposed regulations published by NMFS, which merely emphasizes that NMFS should 

 have primary authority over captive marine mammals. 



3. The MM PA should be amended to prohibit all forms of direct contact between 

 humans (other than animal caretakers) and marine mammals. 



We believe that petting pools, feeding programs, and swim-with-the-dolphin programs do 

 not constitute legitimate forms of "public display" and as such, these interactive programs 

 should be specifically prohibited. Such programs pose unacceptable risks to the safety 

 and health of both the humans and marine mammals involved. Independent studies of 

 swim-with programs confirm these conclusions. Indeed, there have been a disturbing 

 number of reports of aggression and sexual behavior between dolphins and humans in 

 swim-with programs. Increasing numbers of injuries to participants have resulted in legal 

 actions taken against program operators and have opened the door to potential litigation 

 against NMFS. Regardless of the number of years in captivity or even being captive- 

 bred, these are wild, not domestic, animals, who are large, powerful, and possess sharp 

 teeth, and are known to exhibit aggression toward each other under various naturally- 

 occurring circumstances. The potential for tragedy in forced interactions with humans is 

 obvious. Interactive programs involving marine mammals contribute no additional 

 educational benefits to standard display and in fact constitute pure entertainment, which 

 is not the intent of the MMPA. 



4. The MMPA should be amended to prohibit the intentional feeding of marine 

 mammals in the wild. 



We strongly supported the ruling by NMFS that feeding marine mammals in the wild 

 constitutes a "take" under the MMPA and fully endorsed efforts by NMFS to act in the 

 best interests of the animals by issuing regulations banning this disruptive practice. 

 Feeding wild animals to artificially create opportunities to observe them in the wild 

 fosters dependency on humans. In the case of marine mammals, it threatens to 

 habituate them to the approach of boats, which could result in increased injury or 

 harassment, especially if the animals begin aggressively approaching boats for handouts. 

 Intentional feeding may disrupt natural foraging patterns and social interactions, and 

 may introduce exotic pathogens or parasites, depending on the handling history of the 

 food source. The most prudent course would be to avoid exposing wild marine 

 mammals to these potential hazards, especially when it is unnecessary. The public can 

 easily observe wild dolphins and manatees, the two species currently at risk, without 

 luring them with handouts. 



