Animal Welfare Information Center Newsletter, Summer 1994, Vol. 5, no. 2 *************************

Marine Mammal Protection Act Amendments of 1994

P.L. 103-238

To authorize appropriations for the Marine Mammal Protection Act of 1972 and to improve the program to reduce the incidental taking of marine mammals during the course of commercial fishing operations, and for other purposes.

Introduced by Senator John Kerry (D-MA) and cosponsored by Senator Ted Stevens (R-AK) and Senator Bob Packwood (R-OR). Signed into law by President Clinton on April 30, 1994.

Some of the provisions of the law are:

...Consistent with the provisions of section 104, permits may be issued by the Secretary [of Commerce or of the Interior] for taking, and importation for purposes of scientific research, public display, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of polar bear parts (other than internal organs) taken in sport hunts in Canada. Such permits, except permits issued under section 104(c)(5), may be issued if the taking or importation proposed to be made is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals...

...A permit may be issued to take or import a marine mammal for the purpose of public display only to a person which the Secretary determines
(i) offers a program for education or conservation purposes that is based on professionally recognized standards of the public display community;
(ii) is registered or holds a license issued under 7 U.S.C. 2131 et seq. [Animal Welfare Act]; and
(iii) maintains facilities for the public display of marine mammals that are open to the public on a regularly scheduled basis and that access to such facilities is not limited or restricted other than by charging of an admission fee...

...If the Secretary --

(i) finds in concurrence with the Secretary of Agriculture, that a person that holds a permit under this paragraph for a marine mammal, or a person exercising rights under subparagraph (C), no longer meets the requirements of subparagraph (A) (i) or (iii) and is not reasonably likely to meet those requirements in the near future, or
(ii) finds that a person that holds a permit under this paragraph for a marine mammal, or a person exercising rights under subparagraph (C), no longer meets the requirements of subparagraph (A) (i) or (iii) and is not reasonably likely to meet those requirements in the near future,

the Secretary may revoke the permit in accordance with section 104(e), seize the marine mammal, or cooperate with other persons authorized to hold marine mammals under this Act for disposition of the marine mammal. The Secretary may recover from the person expenses incurred by the Secretary for that seizure....


This article appeared in the Animal Welfare Information Center Newsletter, Volume 5, Number 2, Summer 1994

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