11 



(B) the location and manner (which manner must be determined by the Secretary 

 to be humane 1) in which they may be taken, or from which they may be imported, 



(C) the period during which the pennit is valid, and 



(D) any other terms or conditions which the Secretary deems appropriate. 



The Act also requires that notice of each application for a permit to take marine 

 mammals for scientific research, public display, or other purposes be published in 

 the Federal Register and the public be given 30 days to review and comment on the 

 application. There is no provision in the Act for waiving the 30-day comment period, 

 even in cases where unique scientific opportunities would be lost. 

 In 1988, the Act was amended to specify that: 



"[a] permit may be issued for scientific research purposes only to an applicant 

 which submits with its permit application information indicating that the tak- 

 ing is required to fiirther a bona fide scientific purpose and does not involved 

 unnecessary duplication of research. No permit issued for purposes of scientific 

 research shall authorize the killing of a marine mammal unless the applicant 

 demonstrates that a non-lethal method for carrying out the research is not fea- 

 sible. The Secretary shall not issue a permit for research which involves the le- 

 thal taking of a marine mammal from a species or stock designated as depleted, 

 unless the Secretary determines that the results of such research will directly 

 benefit that species or stock, or that such research fulfills a critically important 

 research need." 

 The Act also was amended in 1988 to specify that: 



"[a] permit may be issued for public display purposes only to an applicant 

 which offers a program for education or conservation purposes that, based on 

 professionally recognized standards of the public display conununity, is accept- 

 able to the Secretary and which submits with the permit application informa- 

 tion indicating that the applicant's facilities are open to the public on a regu- 

 larly scheduled basis and that access to the facilities is not limited or restricted 

 other than by charging of an admission fee." 



THE ROLE OF THE MARINE MAMMAL COMMISSION 



The Marine Mammal Commission, in consultation with its Committee of Scientific 

 Advisors on Marine Mammals, is required by the Marine Mammal Protection Act 

 to review all applications for permits to take marine mammals for purposes of sci- 

 entific research or public display to ensure consistency with the provisions of the 

 Act. Since 1988 when the Marine Mammal FVotection Act was last reauthorized, the 

 Commission has made formal recommendations on 49 applications to the Depart- 

 ment of Commerce and 14 applications to the Department of the Interior for permits 

 for public display and on 137 applications to the Department of Commerce and 19 

 applications to the Department of the Interior for permits for scientific research. 

 Tne Commission has also commented to the agencies on a variety of other related 

 issues such as: lethal taking of marine mammals for public display; petting pools; 

 maintenance of marine mammals in isolation; marine mammal transportation; and 

 the Animal and Plant Health Inspection Service's standards governing the humane 

 handling, care, treatment, and transportation of captive animals. 



With regard to the last item, the Commission recommended a comprehensive 

 strategy for the review and revision of the marine mammal care and maintenance 

 standards and provided the recommendation to all appropriate agencies and the 

 public. While progress was halted by the 1990 moratorium on regulatory actions, 

 the Animal and Plant Health Inspection Service is now moving forward on the 

 standards. 



Over the same period, the Commission also referred roughly 400 letters from the 

 public to the appropriate regulatory agency for consideration and action. 



These and other related activities are described in detail in the Commission's an- 

 nual reports and I will not describe or attempt to summarize them here. 



PROBLEMS REGARDING THE SCIENTIFIC RESEARCH PERMIT SYSTEM 



In the last several years, members of the Marine Mammal Commission's Conmait- 

 tee of Scientific Advisors and other scientists have complained that it takes longer 

 and more information is required than should be necessary to obtain permits for sci- 

 entific research. Tliey also nave complained that permits often contain unnecessary 

 and burdensome reporting requirements. 



iThe Act defines the term "humane" in the context of the taking of a marine mammal to 

 mean "that method of taking which involves the least possible degree of pain and suffering prac- 

 ticable to the marine mammal involved.' 



