68 



beneficial purposes.^ Congress also recognized the important role of scientific re- 

 search in relation to marine mammals.2 



Over 100 million people annually visit public aquariums, oceanariums, and other 

 zoological institutions in the United States. These institutions are central to the ef- 

 fort to stimulate public interest in, education about, and support for marine mam- 

 mal conservation.3 They are involved in networks sponsored by NMFS to assist 

 stranded marine mammals. They also play a vital role in the life and development 

 of their communities and states. They educate the public, are a source of wholesome 

 recreation, provide significant employment, and stimulate local economies by gener- 

 ating the expenditure of hundreds of millions of dollars by visitors. 



In recognition of the essential role that marine mammal public display and sci- 

 entific research institutions play in carrying out the purposes and policies of the 

 MMPA, Congress created a special, favorable provision for them under the MMPA. 

 MMPA permits for public display and scientific research are a special exception to 

 the Act's moratorium on taking and can be obtained pursuant to simplified require- 

 ments (16 U.S.C. § 1371(aXl)). This regime for public display and scientific research 

 is regulated under a regime separate from the regimes applicable to other activities 

 such as commercial fisheries (§ 1371(aX2)), and periodic "waivers" (§ 1371(aX3XA)). 

 The MMPA is administered in relevant part by NMFS within the Department of 

 Commerce. The Marine Mammal Commission was created as an advisory body and 

 has no regulatory powers. 



Congressional policy in favor of public display and scientific research was reiter- 

 ated and reinforced in 1988, when Congress reauthorized the MMPA.'* 



1 Congress recognized the important role of public display institutions in relation to marine 

 mammals as "resources of great international significance, esthetic and recreational as well as 

 economic," 16 U.S.C. § 1361(6). During Congressional deliberations on the MMPA, Senator Hol- 

 lingB stressed that without observing marine mammals in oceanaria the "magnificent interest" 

 in marine mammals will be lost and "none will ever see them and none will care about them 

 and they will be extinct" Ocean Mammal Legislation: Hearings Before the Subcomm. on Oceans 

 & Atmosphere of the Senate Comm. on Commerce, 92d Cong., 2d Sess. 266 (1972). "[I]f it were 

 not for these organizations and the public exposure you have on these animals in the first place, 

 these matters wouldn't be brought to the attention of the public." Id. 555. Senator Cranston em- 

 phasized the "valuable educational service performed by these institutions." Id. 552-53. Senator 

 Chiles stated that he gave "strong support towards recognizing the oceanarium exhibition indus- 

 try in this legislation." Id. 164. Senator Gumey took note of the "advent of seaquariums and 

 oceanariums" that have brought home "a much greater awareness of * * * ocean mammals." 

 118 Cong. Rec. S25291 (July 25, 19-72). Senator Tunney anticipated 'Very httle difficulty" for 

 public display institutions as a result of the MMPA. Id. 525270. Congressman Pryor said that 

 "the intent of this basic legislation was not to deprive those particular institutions of bringing 

 in a proper number of animals for the public use." Legislation on Preservation and Protection 

 of Marine Mammals: Hearings before the Subcomm. on Fisheries & Wildlife Conservation of the 

 House Comm. on Merchant Marine & Fisheries, 92d Cong., 1st Sess. 83 (1971). 



*The MMPA recognizes that "there is inadequate knowledge of the ecology and population dy- 

 namics of such marine mammals and of the factors which bear upon their ability to reproduce 

 themselves successfully." 16 U.S.C. § 1361(3). 



3 Dolphins ao well in public display institutions. As stated in a recent federal study, "[c]urrent 

 data indicate that survival rates in captive dolphins may be similar to and, in some cases, pos- 

 sibly better than survival rates in free-ranging dolphins." U.S. Department of Commerce, 

 NMFS, Final Environmental Imptact Statement on the Use of Marine Mammals in Swim-With- 

 The-Dolphin Programs, April 1990, p. 68. This conclusion has been borne out by a number of 

 studies. 



■♦Thus, the House Committee report on the 1988 Amendments stressed that 



"[e]ducation is an important tool that can be used to teach the public that marine mammals 

 are resources of great aesthetic, recreational and economic significance. It is important, there- 

 fore, that public display permits be issued to entities that help inform the public about marine 

 mammals, as well as perform other functions. 



"* ♦ ♦ Permits may continue to be issued to public and privately owned zoological parks and 

 oceanariums, as well as other qualifying institutions." H.R. Rep. No. 970, 100th Cong., 2d Sess. 

 33-34 (1988). 



Similarly, the Senate Report stated that 



"[elfiective public display of marine mammals provides an opportunity to inform the public 

 about the great aesthetic, recreational, and economic significance of marine mammals and their 

 role in the marine ecosystem." S. Rep. No. 592, 100th Cong., 2d Sess. 29 (1988). 



The Senate Report went on to say that 



"[t]he Committee recognizes that the recreational experience is an important component of 

 public display and that public display has served a useful educational purpose, exposing tens 

 of millions of people to marine mammals and thereby contributing to the awareness and com- 

 mitment of the general public to protection of marine mammals and their environment." Id. 



In the reauthorization. Congress also added enhancement of survival or recovery of a species 

 or stock to the activities covered under Section 1371(aXl), thus reaffirming that the items in 



