136 



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This Congressional intent that NMFS procedures for 

 public display and scientific research be simple and non- 

 burdensome was recently reconfirmed by the Court in Animal 

 Protection Institute v. Mosbacher . 799 F. Supp. 173, 179 

 (D.D.C. 1992): 



"Congress also contemplated that there would be a 

 limited number of instances in which an inconsequential 

 quantity of animals could be taken or imported for 

 beneficent purposes, such as for scientific research, 

 stock preservation, or, as here, for public display. 

 Consequently, in § 1371(a)(1) it gave the Secretary 

 authority to grant a modest dispensation in such cases 

 from the most onerous constraints of the MMPA - the 

 absolute moratorium - without awaiting the outcome of 

 more elaborate administrative proceedings the 

 regulations might require for more destructive assaults 

 upon the population of a species." 



B. Animal welfare Act 



In contrast to the MMPA, the Animal Welfare Act of 1975 

 regulates animals that have already been taken ( i.e. . are in 

 captivity). The Animal Welfare Act, as amended in 1979, 

 contains provisions dealing exclusively with marine mammals 

 in zoological institutions, establishing strict, 

 comprehensive standards for the size and nature of 

 enclosures, environmental quality, food handlinq, transport, 

 and humane treatment (hereinafter referred to collectively as 

 "husbandry") . The marine mammal section of the Animal 

 Welfare Act is the strongest animal welfare legislation ever 

 enacted by Congress. 



The Animal Welfare Act is administered by APHIS. All 

 facilities that display marine mammals must be licensed — 

 and thus certified — by APHIS. 



II. NMFS PROPOSAL VIOLATES CONGRESSIONAL INTENT 



The NMFS proposal flies in the face of this 

 Congressional intent. It directly contravenes the 

 requirements of the MMPA and imposes unconstitutional 

 burdens. It ignores recent court decisions construing the 

 MMPA. 



Contrary to the basic thrust of the MMPA, the NMFS 

 proposal would impose the most onerous regulatory regime 

 under the statute. The proposal would inflict crushing 

 administrative and financial burdens. The information 

 required in applications would be massive. After a permit 



