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recognized the important role of scientific research in 

 relation to marine mammals. 4 



Over 100 million people annually visit public aquariums, 

 oceanariums, and other zoological institutions in the United 

 States. These institutions are central to the effort to 

 stimulate public interest in, education about, and support 

 for marine mammal conservation. 5 They are involved in 

 networks sponsored by NMFS to assist stranded marine mammals. 

 They also play a vital role in the life and development of 

 their communities and states. They educate the public, are a 

 source of wholesome recreation, provide significant 

 employment, and stimulate local economies by generating the 

 expenditure of hundreds of millions of dollars by visitors. 



In recognition of the essential role that marine mammal 

 public display and scientific research institutions play in 

 carrying out the purposes and policies of the MMPA, Congress 

 created a special, favorable provision for them under the 

 MMPA. MMPA permits for public display and scientific 

 research are a special exception to the Act's moratorium on 

 taking and can be obtained pursuant to simplified 

 requirements (16 U.S.C. § 1371(a)(1)). This regime for 

 public display and scientific research is regulated under a 

 regime separate from the regimes applicable to other 

 activities such as commercial fisheries (S 1371(a)(2)), and 

 periodic "waivers" (S 1371(a)(3)(A)). The MMPA is 

 administered in relevant part by NMFS within the Department 

 of Commerce. 



4 The MMPA recognizes that "there is inadequate 

 knowledge of the ecology and population dynamics of such 

 marine mammals and of the factors which bear upon their 

 ability to reproduce themselves successfully." 16 U.S.C. § 

 1361(3) . 



5 Dolphins do well in public display institutions. 



As stated in a recent federal study, "[c]urrent data indicate 

 that survival rates in captive dolphins may be similar to 

 and, in some cases, possibly better than survival rates in 

 free-ranging dolphins." U.S. Department of Commerce, NMFS, 

 Final Environmental Impact Statement on the Use of Marine 

 Mammals in Swim-With-The-Dolphin Programs, April 1990, p. 68. 



