Since 1973, the National Marine Fisheries Service (NOAA Fisheries) has been issuing 50 to 60 permits every year to scientists wanting to study marine mammals, and aquaria and zoos wanting to display marine mammals to the general public for educational and recreational purposes. In the most recent months, NOAA Fisheries has initiated a review of its permit program pursuant to the Marine Mammal Protection Act (MMPAS) and the Endangered Species Act with the intent of launching a wide-ranging discussion of the issues and concerns that have been expressed about the program.

The permit program has witnessed many changes since its initiation, including the passage of new regulations under the Animal Welfare Act and recent amendments to the MMPA. These changes have coincided with advances in public display and marine mammal research and improved data on the status of populations in the wild and the care and maintenance of animals in captivity. Simultaneously, public interest and concern over marine mammal policies in general have escalated in recent years.

The paper examines fundamental questions for marine mammal management in the United States raised during the course of this review, including: the definition of public display; existing standards for care and maintenance of marine mammals in captivity, understanding effects of permanent removal of animals on populations in the wild; and the definition of bona fide scientific research.