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mammals in captivity — an area that is subject to 

 extensive regulation by the Animal and Plant Health 

 Inspection Service (APHIS) under the Animal Welfare 

 Act. 



A recent NMFS proposal, 58 Fed. Reg. 53320 (Oct. 14, 

 1993), flies in the face of this Congressional intent. It 

 also results in an inefficient and wasteful use of scarce 

 governmental resources. 



We note that APHIS has stated that the NMFS proposed 

 rules 



"specifically attempt to allow the AA [Assistant 

 Administrator for Fisheries, NMFS] authority over the 

 AWA [Animal Welfare Act] . The AA does not have the 

 authority to summarily overrule the AWA." 1 



APHIS also points out that the NMFS proposal 



"authoriz [es] the AA to practice veterinary medicine 

 without a license or a degree in veterinary medicine. 

 This is in violation of the State Practice Acts, which 

 govern the practice of veterinary medicine." 2 



Therefore, Congress should reject this NMFS proposal. 



Below, we first discuss Congressional policy favoring 

 marine mammal public display and scientific research and then 

 discuss how the NMFS proposal violates Congressional intent. 



1 APHIS, Comments on NMFS Proposed Rules on Protected 

 Species Special Exemption Regulations, Jan. 28, 1994 

 (hereinafter "APHIS Comments"), S I. 



2 APHIS Comments APHIS, S B. See also , e.g. . APHIS 

 comment on proposed S 216.37(c) ("This section is especially 

 disconcerting in that it appears that the AA can control 

 veterinary treatment. The veterinary profession is regulated 

 by the appropriate State Practice Acts, State Veterinary 

 Medical Boards, and appropriate FDA and DEA regulations. Even 

 the MMPA does not grant the NMFS the power to regulate 

 veterinary medicine. This also undermines a cornerstone in 

 the AWA regulations, allocating authority to the attending 

 veterinarian."); APHIS comment on proposed S 216.37(1) (2) 

 ("Again, the AA presumes to dictate the actions of the 

 attending veterinarian and/or requires a facility to change 

 its established displays and/or colonies if the AA doesn't 

 agree with it. We cannot support this."). 



