74 



(5) The bill would limit research permits to no more than two years unless the 

 Department of Commerce issues a special extension if the Secretary determines that 

 the extension is necessary for the completion of a long-term study and specifies the 

 period the extension. The bill also contains extensive requirements relating to re- 

 lease of marine manmials under scientific permits. 



These provisions are unnecessary and mtrude into decisions that properly have 

 been left up to the administrative agency. 



(6) The bill would drastically increase the penalties under the Animal Welfare 

 Act relating to marine mammals. The Animal Welfare Act currently provides for a 

 civil penalty of up to $2,500 for each violation. A knowing violation is subject to a 

 fine of not more than $2,500 and/or imprisonment for not more than a year. The 

 bill would provide for a civil penalty of up to $10,000 for each violation relating to 

 marine mammals; and a criminal penalty of up to $20,000 for each violation and/ 

 or imprisonment for not more than one year. 



The Animal Welfare Act thus already provides significant penalties for violations 

 including significant monetary penalties and imprisonment. It unnecessary and in- 

 appropriate to carve out one category of animals in the Animal Welfare Act and 

 drastically increase the monetary penalties relating to them. 



H. Other 



The Marine Mammal Coalition also supports amendments to (1) clarify that pub- 

 lic display includes interactive exhibition; (2) clarify that the MMPAls prohibition 

 on the importation of marine mammals from species designated as depleted onlv ap- 

 plies to animals taken from a stock that was depleted at the time of the taking; 

 and (3) establish expedited procedures whereby a beached and stranded animal that 

 cannot be returned to the wild may be returned to the federal government for care 

 and allowed to be maintained at the responding facility or another appropriate facil- 

 ity. 



In conclusion, the Marine Manamal Coalition strongly urges Congress to maintain 

 the existing beneficial policies of the MMPA with respect to public display and sci- 

 entific research. The Marine Mammal Coalition also urges Congress to enact the 

 strengthening and clarifying provisions outlined above. We look lorward to working 

 with Congress to accomplish tnese important goals. 



Prepared Statement of Senator Pressler 



Fd like to thank my colleague. Senator Kerry, for chairing today's hearing on the 

 Marine Mammal Protection Act. 1 welcome those of you who are testifying. 



When Congress enacted the Marine Mammal Protection Act in 1972, tne goal was 

 to reduce practices that contributed to the dwindling numbers of marine mammal 

 stocks in our oceans and waterways. Since that time, many positive changes have 

 been made. 



At the same time, Congress recognized the positive aspects of the public display 

 of marine mammals in national aquariums and zoos. This view was reinforced in 

 the Act's 1988 reauthorization, in which the Committee stated: 



public display has served a useful educational purpose, exposing tens of millions 

 of people to marine mammals and thereby contributing to the awareness and 

 commitment of the general public to protection of marine mammals and their 

 environment. 



In addition, public display facilities are valuable assets to their communities. Ob- 

 viously, they provide educational resources for students and teachers. 



For example, in my landlocked home state of South Dakota, many youM people 

 may not have the opportunity to travel to coastal regions of the United States to 

 see the oceans and view marine mammals firsthand. This is why the Marine Life 

 Aquarium in Rapid City, South Dakota, is such a valuable resource for awareness 

 and education about marine mammals in my state. 



The Marine Life Aquarium has been educating South Dakotans and others since 

 1963. The acjuarium allows year-round visitors, more than 80,000 last year, the 

 unique experience of firsthand interaction with marine mammals not possible from 

 reading books or viewing videos. 



The aquarium offers educational and entertaining marine mammal presentations 

 geared to the residents of a landlocked region and with sensitivity to Native Amer- 

 ican viewpoints on the environment. The aquarium routinely serves as an important 

 education tool for area schools and teachers. For example, 5,000 children partici- 

 pated in Operation Ocean, a free educational program this past spring. The aquar- 

 ium also provides access to students for research and development. 



The mammals at the Marine Life Aquarium also enjoy a safe and healthy environ- 

 ment. The animals at the Marine Life Aquarium receive first rate care and medical 



