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In the reauthorization of the Marine Mammal Protection Act, we are requesting 

 that Congress reafTirm the aesthetic, recreational and educational value of public 

 display facilities. We would like to see that the governance of care and maintenance 

 of marine mammals be continued through the USDA under the Animal Welfare Act. 

 We would also like to see more clearly defined objectives and terms under the Act 

 that will provide more explicit guidelines regarding the establishment of policy for 

 governmental agencies without limiting the effectiveness of public display facilities 

 in meeting the goals of today, and the challenges of tomorrow. Only through Con- 

 gressional classification can we avoid unnecessary regulation and litigation. 



Prepared Statement of the Marine Mammal Coalition 



My name is John A. Hodges. I am a partner with the law firm of Wiley, Rein & 

 Fielding in Washington, D.C. I am General counsel of the Marine Mammal Coali- 

 tion, a consortium of marine mammal public display and scientific research institu- 

 tions. 



The Marine Mammal Coalition appreciates this opportunity to present its position 

 concerning reauthorization of the Marine Mammal Protection Act. 



In brief. Congress should ensure that the policy of the MMPA favoring public dis- 

 play and scientific research remains intact. Any proposal to amend the MMPA to 

 weaken this important policy should be rejected. Indeed, Congress should reinforce 

 this policy, thus helping to assure that permits for these purposes are granted on 

 a timely basis and without undue burden. 



Public display and scientific research institutions play an essential role in marine 

 mammal conservation. None can afford prolonged, crippling administrative proce- 

 dures and litigation, which divert scarce resources from activities Congress has de- 

 clared to be critically important. Public display of marine mammals and scientific 

 research should be fostered and supported, not discouraged. This view is shared by 

 a vast majority of the American people and is crystallized in Congressional policy 

 in the MMPA. 



Below, we first discuss Congressional policy favoring marine mammal public dis- 

 play and scientific research and then discuss more specific matters relating to the 

 reauthorization of the MMPA. 



i. congressional policy favors marine mammal public display and scientific 



research 



A. Marine Mammal Protection Act 



The MMPA, originally enacted in 1972, resulted largely from public concern about 

 the thousands of marine mammal mortalities from such activities as sealing, whal- 

 ing, and some commercial fishing activities. Its basic intent is to conserve wild ani- 

 mal stocks and the ecosystem. 



At the same time. Congress recognized the indispensable role of zoological institu- 

 tions in raising public awareness of marine mammals and intended not to inhibit 

 these institutions from obtaining the small number of animals they need for their 



