same recreational market as a commercial organization and charges a similar admission retain its nonprofit status? We in this industry have no conflict with nor lack of sympathy toward the absolute need of protective legislation for many marine mammals. But it seems possible that one or another of these bills as originally drafted could put the commercial oceanariums out of business. This presents a paradox for, if it were not for the commercial oceanariums, our knowledge of the small cetaceans and seals would still be rudimentary. It is even possible that the current scientific investigations at other research institutions would either not have gotten underway or would have been delayed. Marineland of Florida opened in 1938 and research at that institution concerned the shark repellents that eventually were utilized by our Armed Forces in World War II. Subsequently their first curator's research indicated the possibility of dolphins possessing sonar capabilities, and the final experimental demonstration proving this fact occurred at Marineland of the Pacific in 1959 under the guidance of Dr. K. S. Norris, curator. Dr. Norris, now at UCLA and one of our few scientific specialists in the study of marine mammals, has since stated that and this is a letter from Dr. Norris to Representative Dingle-that: These organizations have contributed, more than any other source, to our knowledge of the small cetaceans and seals. Scientists cannot usually afford the facilities required to catch and keep these animals, and it is through wide cooperation between the management of these organizations and science that the United States has assumed the leadership role in marine mammal studies. Principally, Marineland of the Pacific, Marineland of Florida, Seaquarium, Sea Life Park, and Sea World have contributed facilities, time and staff to expand this knowledge. These organizations, in addition to operating successful recreation parks, have made their unique facilities available to visiting investigators for research that could not be done elsewhere. Marineland of Florida built its research laboratory primarily for the benefit of visiting scientists, and at Marineland of the Pacific and Sea World similar facilities are made available to any qualified investigator without charge. In fact, today virtually every U.S. scientist involved in marine mammal research has at one time utilized the facilities of a commercial organization. Research has not been confined to marine mammals. Marine fishes and birds have also been investigated under conditions and in tanks unavailable elsewhere. In many ways the marineland environment affords the staff and visiting scientists unique opportunities to study marine life. Some of the research programs conducted by the visitors and staff have included such topics as: transportation of fishes and other marine animals, behavior of fishes, echo-ranging in dolphins, behavior of dolphins in captivity and at sea, disease and health problems in marine mammals, courtship and breeding of captive Albatross, embryological studies in sharks, growth and development of captive walrus, etiology and pathology of many fish diseases. In addition, the research projects involved particular investigators and institutions such as: University of California, Santa Barbara; California Department of Fish and Game; Scripps Institution of Oceanography, and the Institute of Marine Resources; UCLA; California Department of Fish and Game; Cambridge University, UCLA School of Medicine; California Institute of Technology; Occidental College; Naval Undersea Research and Development Center; California State College, Long Beach; U.S. Fish and Wildlife Service; Los Angeles County Museum; University of Pennsylvania Medical School; and Los Angeles County Museum of Natural History. The results of many of these investigations have been reported in the open literature. Currently Marineland of the Pacific's staff is deeply involved in a cooperative program with the Los Angeles County Veterinarian, Los Angeles County Museum of Natural History and the State of California Department of Public Health. This research is defined as the Marine Mammal Disease Surveillance program which is intended to examine all sick or stranded cetaceans and pinnipeds that come ashore in Los Angeles, Orange, and Ventura Counties. The program began in November of 1970 after sea lions, dying of Leptospirosis infections, were discovered in the San Francisco region. Since that time a network has been established between the previously mentioned organization and the lifeguards, humane societies, and local residents to have all stranded animals brought to Marineland for treatment or autopsy. More than 70 specimens of cetaceans and pinnipelds have been examined. A similar project covers the coast south of Los Angeles which uses the staff and facilities of Sea World. In addition to the research of the staff and visiting scientists, four to six student researchers are permitted to utilize the facility annually. Qualification of the students is determined by his or her counselor or major professor and our curator. In addition, more than 38,000 primary and secondary students utilize the facility annually at no charge as a field trip experience to view and learn firsthand more about the sea mammals' habits and values. Senator HOLLINGS. You say 38,000? Mr. PRESCOTT. Yes, sir, I have amended parts of these. I have been talking with all of the other organizations in California and that is a combined student program at Sea World in San Diego, Marineland in Los Angeles, Marine World in San Francisco. Senator HOLLINGS. All right, sir, you may proceed. Mr. PRESCOTT. Currently the California organizations that maintain marine mammals are under the jurisdiction of several agencies since we all exhibit a variety of marine wildlife. The cetaceans and pinnipeds are primarily regulated by the State of California Department of Fish and Game. It is necessary under their rules for us to obtain special permits for their collection as well as commercial fishing licenses, and the reporting of all collections annually. I have added under my Exhibit C a list of the marine mammals captured by and for the Marineland in the last 5 years. In addition to these regulations it is anticipated that regulations governing the transportation, care and husbandry of these mammals will soon be forthcoming. The Animal Welfare Act, as amended by Public Law 91-579, has authorized the U.S. Department of Agriculture to establish regulations to insure that all captive animals receive humane treat ment. In addition, the State of Florida has recently enacted similar regulations that require proof of adequate facilities before any marine mammal can be shipped from that State. The utilization of dolphins, small whales, and many species of seals in these recreation parks is not inconsistent with the policies of conservation and management of a natural resource. As with any zoological park operation it is to our obvious benefit to capture, transport, and maintain these wild species under the best conditions as they basically create employment for many people and are the basis of our continuing success. Every major oceanarium today has a veterinary-husbandry program. Statements have been made to this committee that "the commercial exploitation of sea mammals as cheap, captive performers must end." These were apparently based on undocumented mortality figures. Since 1954 Marineland of the Pacific has transported from Florida to California 23 bottlenosed dolphins. Nine still survive, and two have performed in shows since 1960 and have entertained more than 15 million visitors. Under the auspices and control of the State of California Department of Fish and Game we have collected less than 125 marine mammals in 5 years. Some of these animals were for research purposes and exchange, as well as for our exhibition. Out of this number more than 25 were collected for research purposes that included projects being conducted by the U.S. Navy, Scripps Institution of Oceanography, Cambridge University, and Los Angeles County Museum. In addition, 14 were shipped to the New York Aquarium, Vancouver Public Aquarium, Steinhart Aquarium in San Francisco, and Marineland in Florida and, at this time, 61 marine mammals are housed at Marineland of the Pacific. Mortality rates in this instance cannot be considered excessive nor can these numbers be related to the gross waste of life currently incurred throughout the world. In percentages of the 148 marine mammals mentioned for Marineland of the Pacific, approximately 41 percent still live at Marineland, 10 percent were shipped to other facilities, both private and nonprofit, 20 percent were utilized in authorized research, and 29 percent have died of determined causes. Even those that died were extensively utilized for research and their remains shipped to outside investigators and museums. In every instance of mortality at Marineland of the Pacific and Sea World, complete autopsies are conducted to determine the cause of death. Contrary to previous comments and testimony we do not consider dolphins and seals as cheap circus performers. The value of a trained animal cannot be determined, but when it takes several months to train a performer or research animal, many hours and considerable expense has been expended. Clinical history data for many of these cases is available to any qualified parties. In 1969 the International Association for Aquatic Animal Medicine was formed among the veterinarians of oceanariums, and zoos to further disseminate this type of information and improve the science of aquatic animal husbandry. I hope that in this brief presentation I have been able to convey a realistic picture of our industry and its concern for marine mammals. We do recognize the need for protection of many marine mammals and have actively participated in the collection of information to better understand these unique species. On the other hand, I find it difficult to hold back and accept many of the generalizations that have appeared in print which express that any exploitation of a marine mammal is unjust. The primary goal of our industry is recreation and one cannot equate the entertainment and education value of 20 million persons per year with a polar bear skin rug, a fur seal coat, a need for pet food, or the careless slaughter of 250,000 dolphins in search of tuna. There does appear to be a place for this unique industry and its attitudes toward research within the framework and general philosophy behind these bills. Senator HOLLINGS. I am glad you differentiated your recreational facilities, Mr. Prescott, from the other concerns that we have before the committee. I think this is an excellent statement. Let me ask quickly, and I will insert at this point, a letter from the Honorable Alan Cranston of California. That letter will appear in its entirety. (The letter follows:) U.S. SENATE, Washington, D.C., March 1 1972. Hon. ERNEST F. HOLLINGS, DEAR FRITZ: I have been following your excellent hearings on the ocean mammal protection proposals with great interest. I understand that your Subcommittee will be marking up this legislation in the near future. As a cosponsor of Senator Harris' revised bill, S. 2579, I want to urge you to support this strong and urgently needed legislation. Unfortunately, H.R. 10420, the bill reported by the House Merchant Marine and Fisheries Committee, does not provide the meaningful protection that ocean mammals must have to survive. In fact, by authorizing the Secretaries of Interior and Commerce to issue permits for the "taking" of these animals, the House bill actually subverts our goal of protection. I understand that concern has been expressed about the possible adverse impact of a strong ocean mammal protection bill on reputable zoos and oceanaria, and I have been contacted by several California institutions. Recognizing the valuable educational service performed by these institutions, I want to advise you that I would support an exemption provision for reputable zoos and oceanaria if it included the following conditions: (1) that the animal be provided with conditions which permit the full exercise of motor patterns characteristic of the species; (2) that social animals not be deprived of social contact; (3) that careful records of illness and mortality rates be required, and that if mortality significantly exceeds that which might be expected under natural conditions, the institutions be denied further permits for the taking and incarceration of the affected species; (4) and that these institutions be required to employ a marine mammal veterinarian. It is all too clear that present conditions have allowed the uncontrolled slaughter and harrassment of ocean mammals, some to the point of near extinction. It is my strong conviction that we cannot delay the enactment of an efficacious ocean mammal protection law without risking the extinction of several marine mammal species. Please know of my support for your efforts to accomplish this goal. Sincerely, Senator HOLLINGS. He says: ALAN CRANSTON. I would support an exemption provision for reputable zoos and oceanaria if it included the following conditions: (1) that the animal be provided with conditions which permit the full exercise of motor patterns characteristic of the species. Do you do that? Mr. PRESCOTT. You can try to do that. You say characteristic of the motor patterns of the species. If you have an animal that migrates 10,000 miles, that is difficult. But I think we can adequately support these animals in a captive environment. We can keep it clean, we can provide them with the services necessary. Senator HOLLINGS. There was testimony on the House side, some witness testified to the effect while he worked in this particular field training seals, porpoises, let's say, that it was injurious in some fashion to try to retain them in a captive state, they ought to be allowed to go to sea. What is your comment? Mr. PRESCOTT. I think it is injurious to keep any animal in a captive state, whether in a zoo or oceanaria. But, on the other hand, we provide certain recreational value. It is the only place people can see some of these animals. It would be much nicer to turn every animal loose, but it is not completely practical. Senator HOLLINGS. What about his second condition? That social animals not be deprived of social contact. I would like for me, to begin with, much less porpoises. [Laughter.] What have you got to say about that? Mr. PRESCOTT. We have found in this industry that these are very social or gregarious mammals, that they suffer; when placed in solitary confinement, they do much better when maintained with their own kind. I think we achieve the requirements for a species in captivity when we can effectively breed it and it can grow and approach natural size. I think this is being done in virtually all of the major oceanariums. 76-491 O 72 pt. 1 36 |