[Congressional Record Volume 140, Number 35 (Thursday, March 24, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994

                                 ______


                               speech of

                          HON. GERRY E. STUDDS

                            of massachusetts

                    in the house of representatives

                         Monday, March 21, 1994

  Mr. STUDDS. Mr. Speaker, Tuesday, during the debate and passage of S. 
1636, the Marine Mammal Protection Act bill, I failed to include in my 
statement a copy of a letter that I had sent to Chairman de la Garza 
regarding a jurisdictional matter between the Agriculture Committee and 
the Merchant Marine and Fisheries Committee with respect to the Marine 
Mammal Protection Act.
  I would like to insert the letter in the Record so that there is no 
misunderstanding about that issue.

     Hon. E de la Garza,
     Chairman, Committee on Agriculture, Longworth House Office 
         Building, Washington, DC.
       Dear Mr. Chairman: I want to thank you and your staff for 
     your assistance in the reauthorization of the Marine Mammal 
     Protection Act of 1972.
       As you are aware, on March 16, our Committee approved H.R. 
     2760, the Marine Mammal Protection Act [MMPA] Amendments of 
     1994. One of the issues of concern during consideration of 
     the bill was the role of the Department of Agriculture's 
     Animal and Plant Health Inspection Service [APHIS] and the 
     Department of Commerce's National Marine Fisheries Service in 
     the issuance of MMPA public display permits.
       Currently, the practice of the Department of Commerce is to 
     issue an MMPA permit for the public display of a marine 
     mammal only to those public display facilities that are 
     registered or licensed by the APHIS under the Animal Welfare 
     Act. Although this is not required by law, it is a practice 
     which was developed pursuant to a Memorandum of Understanding 
     (effective September 20, 1979) between the Departments of 
     Agriculture, Interior and Commerce.
       In section 6 of H.R. 2760, we have codified this practice 
     to ensure that the Secretary of Commerce issues MMPA public 
     display permits only to those facilities registered or 
     licensed with APHIS. The legislation does not amend the 
     Animal Welfare Act nor does it infringe upon or alter the 
     responsibilities of the Secretary of Agriculture. The bill 
     simply clarifies the authority of the Secretary of Commerce 
     in issuing MMPA public display permits.
       None of the amendments made to the MMPA in H.R. 2760 amend 
     any statute within the jurisdiction of your Committee nor do 
     they limit the authority of the Secretary of Agriculture 
     under the Animal Welfare Act. APHIS has also reviewed these 
     provisions to ensure that they do not alter any existing 
     authority or jurisdiction.
       I hope this letter clarifies the provisions in H.R. 2760 
     which may be of interest to you and again, I want to thank 
     you for all your help.
       With kind regards.
                                                  Gerry E. Studds,
     Chairman.

                          ____________________