[Congressional Record Volume 140, Number 33 (Tuesday, March 22, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 22, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994

                                 ______


                               speech of

                         HON. THOMAS J. MANTON

                              of new york

                    in the house of representatives

                         Monday, March 21, 1994

  Mr. MANTON. Mr. Speaker, I want to compliment my distinguished 
colleague, Mr. Studds, the chairman of the Committee on Merchant Marine 
and Fisheries, for his leadership and diligence in bringing this 
important bill to the floor. As always, he has endeavored to craft a 
reasonable and meaningful piece of legislation which, while not 
necessarily to everyone's liking, effectively addresses a multitude of 
complex and emotional issues.
  H.R. 2760, a bill to reauthorize the Marine Mammal Protection Act, is 
the result of many months of hard work and negotiations between Members 
of Congress, the administration, fisheries interests, and environmental 
and conservation organizations. The bill is the culmination of a 
bipartisan and an open, inclusive process which should serve as a model 
for future such undertakings.
  Mr. Speaker, I understand there are some who are still not satisfied 
with particular provisions of this legislation, and I can understand 
and certainly appreciate their concerns. The complexity of this act and 
the emotional nature of the issues at hand virtually necessitates that 
not everyone is going to agree with each and every tough choice that 
has been made or compromise which has been hammered out in order for 
this legislation to reach the floor today. However, I believe they do 
themselves and their cause a disservice by challenging the motifs of 
the chairman and the open process under which this legislation was 
developed. I cannot think of another chairman or committee that are as 
willing and capable of developing a major piece of legislation in a 
more fair manner.
  As the chairman of the Subcommittee on Fisheries Management, I am 
particularly pleased we are moving expeditiously on this matter. The 
Nation's commercial fishing interests are facing a deadline of April 1, 
1994. If we do not pass and the President does not sign the 
reauthorization bill into law by this date, virtually all commercial 
fisheries in our country will be brought to a standstill. This is 
clearly an unacceptable situation, and I believe the passage of this 
legislation is the right way to proceed at this time.
  Mr. Speaker, I also want to take this opportunity to address another 
provision of the pending legislation which is of importance to me. I 
believe, as we pursue these amendments to the Marine Mammal Protection 
Act, we must strongly reaffirm public display of marine mammals as one 
of the primary means of educating the public, providing much-needed 
research, and fostering concern for these majestic creatures of the 
sea. Anything less would be a disservice to the American public. I 
believe this legislation accomplishes this goal.
  I understand that more than 105 million people a year visit the zoos, 
marine parks, and aquariums of the United States. These institutions 
have played an undeniable role in educating the public and arousing 
their interest in conservation and environmental issues.
  Mr. Speaker, I am pleased that New York City can claim some of the 
Nation's most highly regarded zoos and aquariums, including the Central 
Park Wildlife Center and the Aquarium for Wildlife Conservation. In 
most instances, the people who come to the zoo or aquarium could not 
see wild animals in any other setting--including such relatively common 
marine mammals as seals and sea lions. By visiting zoos and aquariums, 
the average citizen has an excellent opportunity to learn about these 
animals and gain an appreciation for the need to protect them and their 
habitats.
  The amendments regarding public display are intended to establish 
clear public policy regarding the regulation or activities affecting 
marine mammals in zoological settings. During the past 5 years, the 
zoological and scientific communities have faced a confusing and 
inconsistent regulatory regime which they have sought to clarify either 
through regulation or legislation. Many in the display community 
believe their permit applications have been unreasonably delayed and 
seemingly unnecessary and burdensome conditions have been attached to 
such permits.
  Mr. Speaker, it is our intent by this legislation to reaffirm that 
the standards for the humane handling, care, treatment, and 
transportation of marine mammals are established under the Animal 
Welfare Act [AWA] and are developed and administered exclusively by the 
Animal Plant Health Inspection Service [APHIS] within the Department of 
Agriculture. These amendments to the MMPA, therefore, clearly establish 
that the National Marine Fisheries Service has no role or authority to 
regulate the captive maintenance of marine mammals.
  Section 102(a) of the act has been amended by deleting the words 
``for any purpose or any way connected to the taking of marine 
mammals.'' The deleted words are now replaced by the words to ``take or 
import.'' In addition, the words ``and after'' in section 104(c)(1) 
were deleted. The intent of these amendments is to clarify that the 
conditions that the Secretary may include in a section 104(c) permit 
concerning the ``supervision, care, and transportation that must be 
observed pursuant to such taking or importation'' only pertain to the 
actual take from the wild--that is, capture and collection--or import, 
but not to the subsequent supervision, care, and transportation of 
marine mammals in captivity.
  The legislation also makes clear that the permits that NMFS may issue 
under the MMPA to take or import marine mammals for purpose of public 
display are, as has always been the case, one-time permits that need 
not be renewed by NMFS periodically once the marine mammal is taken or 
imported. They are, as has been the case since the original passage of 
the MMPA, permits to individuals or entities in relation to the take or 
import of specific marine mammals.
  Mr. Speaker, therefore, once a marine mammal is taken or imported 
pursuant to a permit, then it, or its progeny, will no longer require 
any additional permit or authorization in order to be possessed, sold 
or purchased, transported, exported, or offered to be sold or purchased 
if the persons involved in any subsequent possession, sale, purchase, 
transportation, export, or offer for sale or purchase, meet the 
requirements that would be necessary under the MMPA to obtain a permit 
for purposes of public display, or scientific research or enhancing the 
survival of a species or stock. As such this language clarifies that 
any person to whom a marine mammal is transferred does not need to 
obtain a permit to possess that marine mammal.
  We also intend by these amendments to establish the policy that 
determinations made by the Secretary of Commerce with regard to 
education or conservation programs are limited to whether programs are 
based on professionally recognized standards of the public display 
community--such as, but not limited to, standards already in place for 
members of the American Zoo and Aquarium Association. The Secretary 
does not have the authority under this provision to establish any 
standards or regulations regarding education or conservation programs. 
This amendment to the current law is consistent with the first 
amendment of the Constitution which essentially prohibits the 
Government from issuing content-based regulations.
  We also believe that a person should have the same rights with 
respect to the progeny of a marine mammal taken or imported under 
section 104(c) as those rights granted for the take of a marine mammal 
for public display.
  Finally, we intend to establish that existing permits, issued prior 
to the enactment of these amendments, are automatically modified to be 
consistent with these amendments.
  Again, Mr. Speaker, I commend the gentleman, and offer my 
appreciation to the majority and minority staffs of the Merchant Marine 
and Fisheries Committee for their fine work in bringing this 
legislation to fruition.

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