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I. CONGRESSIONAL POLICY FAVORS MARINE MAMMAL 

 PUBLIC DISPLAY AND SCIENTIFIC RESEARCH 



A. Marine Mammal Protection Act 



The MMPA, originally enacted in 1972, resulted largely 

 from public concern about the thousands of marine mammal 

 mortalities from such activities as sealing, whaling, and 

 some commercial fishing activities. Its basic intent is to 

 conserve wild animal stocks and the ecosystem. 



At the same time, Congress recognized the indispensable 

 role of zoological institutions in raising public awareness 

 of marine mammals and intended not to inhibit these 

 institutions from obtaining the small number of animals they 

 need for their beneficial purposes. 3 Congress also 



Congress recognized the important role of public 

 display institutions in relation to marine mammals as 

 "resources of great international significance, esthetic and 

 recreational as well as economic," 16 U.S.C. S 1361(6). 

 During Congressional deliberations on the MMPA, Congressman 

 Pryor said that "the intent of this basic legislation was not 

 to deprive those particular institutions of bringing in a 

 proper number of animals for the public use." Legislation on 

 Preservation and Protection of Marine Mammals: Hearings 

 before the Subcomm. on Fisheries & Wildlife Conservation of 

 the House Comm. on Merchant Marine & Fisheries, 92d Cong., 

 1st Sess. 83 (1971). Senator Hollings stressed that without 

 observing marine mammals in oceanaria the "magnificent 

 interest" in marine mammals will be lost and "none will ever 

 see them and none will care about them and they will be 

 extinct." Ocean Mammal Legislation: Hearings Before the 

 Subcomm. on Oceans & Atmosphere of the Senate Comm. on 

 Commerce, 92d Cong., 2d Sess. 266 (1972). "[I]f it were not 

 for these organizations and the public exposure you have on 

 these animals in the first place, these matters wouldn't be 

 brought to the attention of the public." Id. 555. Senator 

 Cranston emphasized the "valuable educational service 

 performed by these institutions." Id. 552-53. Senator 

 Chiles stated that he gave "strong support towards 

 recognizing the oceanarium exhibition industry in this 

 legislation." Id. 164. Senator Gurney took note of the 

 "advent of seaquariums and oceanariums" that have brought 

 home "a much greater awareness of . . . ocean mammals." 118 

 Cong. Rec. S25291 (July 25, 1972). Senator Tunney 

 anticipated "very little difficulty" for public display 

 institutions as a result of the MMPA. Id. S25270. 



