not allow. But, on the other hand, there are questions as to wheth- 

 er or not those laws are adhered to. 



So, while we are pleased that the movie has really accomplished 

 its goals and drawn attention to questions surroiinding marine 

 mammals, we must also understand the basis on which those ques- 

 tions arise. Clearly, the increasing popularity of dolphins and 

 whales and seals and other marine mam.mals at zoos and aquar- 

 iums, along with the advent of activities such as swimming with 

 dolphins or other interactive efforts, have brought more and more 

 Americans into contact with marine mammals. 



While these activities have also done a great deal to foster public 

 education and awareness and a greater respect for marine mam- 

 mals, those activities also raise questions about treatment. And 

 that is what this hearing is about. That is what the Marine Mam- 

 mal Protection Act is about. And we will explore today where we 

 should be proceeding. 



The 1988 Marine Mammal Protection reauthorization did estab- 

 lish new criteria for the public display and for research use of ma- 

 rine mammals. The definitions relating to certain issues arising out 

 of that regarding education versus research, certain kinds of facili- 

 ties and other definitional problems have arisen. Some of them 

 have become controversial. Today, we need to work out what the 

 current perception of those regulations and changes are and where 

 we ought to be going from here. Mr. Chairman, your comments, 

 please. 



OPENING STATEMENT OF SENATOR ROLLINGS 



The Chairman. Today, we continue our consideration of issues 

 associated with the reauthorization of the Marine Mammal Protec- 

 tion Act — MMPA. Whereas our first hearing addressed the inciden- 

 tal taking of marine mammals in the course of commercial fishing 

 operations, this hearing will focus on the taking and importation 

 of marine mammals for public display and scientific research. 



As we all know, the MMPA was enacted in 1972 in response to 

 increasing popular sentiment and growing concern for the welfare 

 of marine mammals. A comprehensive Federal program to conserve 

 marine mammals was established by the MMPA. The central fea- 

 ture of the Federal program is a moratorium on the taking of all 

 marine mammals by persons subject to U.S. jurisdiction. The mora- 

 torium on the taking or importation of marine mammals may be 

 waived under certain conditions through the issuance of a permit. 

 A goal of the MMPA is to provide millions of Americans with the 

 educational benefit of a public display facility and the benefits of 

 scientific research, while maintaining the health and safety of ma- 

 rine mammals. Under the MMPA, the National Oceanic and At- 

 mospheric Administration is responsible for issuing a permit for 

 the taking or importing of a marine mammal for public display, sci- 

 entific research, or enhancement of the survival or recovery of a 

 species or stock.With respect to public display, it is common knowl- 

 edge that marine mammals are popular attractions at zoos and 

 aquariums across the Nation. However, there is considerable vari- 

 ation in the type of facility receiving a permit for public display. 

 Among the factors that must be taken into account are the number 

 and species of marine mammals displayed, training and handling 



