58 



of strandings has become greater in New England we have lots 

 more volunteers, and we gain in our success. 



I do not think it is adequate to try to estimate the benefit of last 

 year's change. Some of the activities that were put forth are just 

 beginning to show up. We are talking about tissue banks and de- 

 veloping protocols. Asking for results is a little early. But the 

 stranding programs are doing better. We are all involved in a tis- 

 sue bank approach. 



Senator Ki:RRY. Well, how do you respond to Dr. Grandy's asser- 

 tion that stranded animals are sometimes kept for years in sub- 

 standard facilities lacking permits or the ability to meet the per- 

 mitting requirements. 



Mr. Prescott. I have a problem with Dr. Grandy's need for a 

 permit. I think that it is rather interesting that we would have to 

 go to a permit process to maintain an animal that might not be re- 

 leasable after we have been taking care of it probably for 6 or 10 

 months or what have you. 



I firmly believe in a tracking system to make sure we know 

 where those animals go. If there are substandard stranding centers 

 around I am not attuned to them so I cannot respond to that accu- 

 sation. 



Senator Kerry. What about the transport issue? You say that 

 people who already have a permit for public display should not 

 have to obtain a permit to transport them to another place where 

 there is a permit for public display. How often is that a problem? 

 Is that a serious problem? 



Mr. Prescott. Yes, it is. I think the National Marine Fisheries 

 Service for 20 years now has been issuing letters of authorization 

 for the movement or transfer of an animal. Currently, there is a 

 lawsuit that postulates that the letter of authorization process is 

 incorrect, that a lengthy permit process which includes public hear- 

 ings should be instated. 



I do not agree because if we look at the permit process — again, 

 I am under the assumption that the Marine Mammal Protection 

 Act was for the protection of animals in the wild and their removal, 

 and that Congress has seen fit to establish the Animal Welfare Act 

 that requires us all to be licensed by that agency, and therefore 

 they govern the care and transport of these animals. They have 

 regulations on how we keep them, how we transport them, and all. 



Senator Kerry. So, are you suggesting that we should deal with 

 this legislatively and that it can be taken out of the administrative 

 process, or could this be dealt with by a better set of administrative 

 regulations? 



Mr. Prescott. Not knowing the administrative regulations that 

 are coming through from the National Marine Fisheries Service, I 

 firmly believe that 



Senator Kerry. You also do not know what we might do either, 

 right? 



Mr. Prescott. That is right. I firmly believe this is something 

 that the Congress can easily codify its original intent. 



Senator Kerry. Now, who is the swim meister here? 



Mr. Prescott. Again, Dr. Rae Stone. 



