tional Oceanic and Atmospheric Administration in the Department 

 of Commerce. 



With me today I have Kevin ColHns, who is with the NOAA Gen- 

 eral Counsel's Office, and has had much of the day-to-day experi- 

 ence on these regulations. 



On July 14, this committee heard testimony from Dr. Nancy Fos- 

 ter, the Acting Assistant Administrator for Fisheries, concerning 

 the various proposals for amendments to the Marine Mammal Pro- 

 tection Act to provide a program to govern interactions between 

 marine mammals and commercial fisheries. Protecting marine 

 mammals from incidental take in fisheries is only one purpose of 

 the MMPA, and today our testimony addresses aspects of the act 

 which provide for the issuance of permits for purposes of public dis- 

 play, scientific research, and enhancement. 



During 1987 and 1988, it became increasingly clear to the Na- 

 tional Marine Fisheries Service that a review was needed of all as- 

 pects of its Public Display and Scientific Research Permits Pro- 

 gram. In addition, in 1988, Congress enacted amendments to the 

 MMPA that affected these types of permits and raised several re- 

 lated issues. In March 1989, with the distribution of a discussion 

 paper for public comment, the National Marine Fisheries Service 

 formally initiated a comprehensive review of its program for issu- 

 ance of permits for public display, scientific research, and enhance- 

 ment purposes. 



The National Marine Fisheries Service began this review for sev- 

 eral reasons. In general, an indepth review of the permit program 

 was necessary because of the many issues and questions arising 

 from approximately 17 years of administration of the permit pro- 

 gram. In addition, the review was needed to ensure effective imple- 

 mentation of the 1988 amendments to the Marine Mammal Protec- 

 tion Act that affected public display and scientific research permit 

 provisions, and added a new category of permits for enhancing the 

 survival or recovery of a species of stock. 



The need for a comprehensive review was also reflected in sev- 

 eral lawsuits against the National Oceanic and Atmospheric Ad- 

 ministration and the National Marine Fisheries Service by both 

 animal protection public interest groups and by permit applicants. 



The objectives of the permit program were to clarify and confirm 

 the policies that should govern the overall direction of the permit 

 program, develop criteria and procedures that are clear, consistent 

 and responsive to applicant and public concerns, determine what 

 documentation is needed for all permits to satisfy the requirements 

 of the National Environmental Policy Act, establish administrative 

 procedures that result in a more streamlined and efficient process, 

 and revise existing permit regulations in order to implement these 

 improvements in the 1988 amendments to the MMPA. 



Seven working sessions were held between October 1989 and 

 January 1990. These working sessions provided an opportunity for 

 permitholders and the scientific and public display communities, as 

 well as interest groups and members of the public interested in 

 protected species, to actively participate in permit program review 

 discussions. 



Representatives of the Marine Mammal Commission, the U.S. 

 Fish and Wildlife Service, and the Animal and Plant Health In- 



