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NOAA Fisheries
Office of Protected Resources
 Acropora palmata thicket on Mona Island, Puerto Rico. Andy Bruckner, 1996Coho salmon painting, Canadian Dept of Fisheries and OceansMonk seal, C.E. BowlbyHumpback whale, Dr. Lou Herman
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Public Display of Marine Mammals

  bottlenose dolphin at marineland
Bottlenose Dolphin at Marineland of Canada
Credit: NOAA

Overview
NMFS has jurisdiction under the Marine Mammal Protection Act (MMPA) over the public display of all cetaceans (dolphins, porpoises, and whales) and pinnipeds (seals and sea lions, excluding walrus). The U.S. Fish and Wildlife Service has jurisdiction over all other marine mammal species.

Permits are not required for the maintenance of marine mammals (not listed as threatened or endangered) under NMFS jurisdiction in public display facilities, such as aquariums. The MMPA outlines criteria required for holding marine mammals for public display purposes. NMFS issues permits for capture and import of marine mammals for public display and retention of releasable stranded animals. In addition, NMFS regulates the export of marine mammals for public display. NMFS is also required to maintain an inventory of marine mammals held in public display facilities.

Do you need a public display permit (capture, import or retention of releasables)? Need to report a change to your marine mammal inventory? Read on to find out more.

Criteria for Holding Marine Mammals for Public Display Purposes
The 1994 amendments to the MMPA outlined the criteria for holding marine mammals for public display purposes. These criteria are:

  1. The person or facility must offer a program for education or conservation purposes that is based on professionally recognized standards of the public display community;
  2. The person or facility must maintain facilities for the display of marine mammals that are open to the public on a regularly scheduled basis, and access to such facilities must not be limited or restricted other than by charging an admission fee; and
  3. The person or facility must be registered with or hold an exhibitor's license issued by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA/APHIS), pursuant to the Animal Welfare Act (AWA; 7 U.S.C. 2131 et seq.).

NMFS' Role in Public Display Oversight

  • Issues public display permits for wild capture, import, or retention of releasable stranded marine mammals
  • Maintains the National marine mammal inventory database
    • Inventory changes
    • Transfers and transports
  • Regulates exports of marine mammals
  • Places non-releasable stranded marine mammals in public display facilities

Public Display Permits
For purposes of public display, permits are required for:

  • Capture of marine mammals in the wild
  • Importation of marine mammals
  • Retention of releasable rehabilitated marine mammals

Apply for a public display permit.

Public display permits are not available for:

Notes regarding scientific research and enhancement on public display animals:

  • Scientific research - non-intrusive research on animals held for public display purposes and which the attending veterinarian determines would not constitute a risk to the health or welfare of the captive animal may be conducted without a permit. Activities conducted on marine mammals held under public display that involve "intrusive research" do require a scientific research permit.
  • Enhancement - activities undertaken to enhance the survival or recovery of a marine mammal species or stock (for example, through captive propagation) using marine mammals in captivity for public display require an enhancement permit.

Permit applications for scientific research or enhancement of marine mammals are available on our permits page.

Marine Mammal Inventory Reporting
Under the MMPA, holders of marine mammals must report the following information to the NMFS marine mammal inventory database:

  • Acquisitions (births, wild captures, imports)
  • Dispositions (deaths, escapes, releases)
  • Transfers/Transports (transfer of custody and transport to other facilities)

The following forms are available for use by marine mammal holders to update the marine mammal inventory. Marine mammal holders may request holder/facility-specific information, including animal-specific data sheets, by contacting the NMFS, Office of Protected Resources at 301-427-8401. Blank forms are available below:

  • Person/Holder/Facility (PHF) Sheet - Each marine mammal holder/facility must identify both a responsible party and a primary contact (defined on the form) through the use of the PHF sheet. This enables NMFS to contact the appropriate person should inventory questions or issues arise regarding the marine mammals maintained and/or held under a permit.
  • Marine Mammal Data Sheet (MMDS) - Holders must notify NMFS within 30 days of a change to the inventory (acquisitions and dispositions) using this form. This includes follow-up verification of pending transfers and transports.
  • Marine Mammal Transfer/Transport Notification (MMTTN) Form - Holders must notify NMFS 15 days prior to any transport, export, sale, or other transfer of custody of a marine mammal. NMFS will acknowledge the receipt of the notification with a letter and an MMDS form to update upon completion of the transfer/transport. The marine mammal holder has 60 days to transfer/transport the marine mammal identified on the MMTTN. The marine mammal holder must verify the exact date of the transfer/transport within 30 days following the event through the submission an updated MMDS provided by NMFS.

Exports of Marine Mammals
To export marine mammals for public display, foreign receiving holders/facilities must:

  • Offer an education or conservation program comparable to one that is based on professionally recognized standards of the U.S. public display community;
  • Meet standards comparable to the requirements that a person in the U.S. must meet to be registered or be issued a license under the AWA; and
  • Maintain facilities for the public display of marine mammals that are open to the public on a regularly scheduled basis with access that is not limited or restricted other than by charging an admission fee.

The appropriate agency of the foreign government (e.g., the Convention on International Trade in Endangered Species (CITES) management authority of the government) must submit a statement certifying that:

  • The information submitted concerning the foreign facility is accurate;
  • The laws and regulations of the government involved permit that government's enforcement of requirements equivalent to the requirements of the MMPA and AWA, and that government will enforce such requirements; and
  • If it is determined that the foreign facility involved has acted in a manner inconsistent with a requirement of the MMPA or the AWA that would be applicable if the foreign facility were a U.S. facility, the government concerned will afford comity to an enforcement decision that may be made by NMFS, including seizure or arrangements for other disposition of marine mammals exported from the U.S. and the progeny of such marine mammals and the recovery of expenses for such seizure or other disposition.

All three certification statements are required by NMFS to ensure compliance with MMPA requirements. Note that these provisions do not apply to species listed under the ESA. More detailed information on how to apply to export marine mammals for public display is found on the Marine Mammal Transport/Transfer Notification Form.

Acquisition of Rehabilitated Marine Mammals
Non-releasable marine mammals: Occasionally, marine mammals rescued and rehabilitated by the Marine Mammal Health and Stranding Response Program (MMHSRP) cannot be released back into the wild following treatment. The MMHSRP and the Office of Protected Resources' Permits, Conservation and Education Division work with captive marine mammal holders to place those animals into permanent captivity. The process for placement is outlined below:

  • A recommendation of non-releasability is made by the stranding center.
  • A non-releasability determination is made by the NMFS region in which the animal is located.
  • If the stranding center is also a marine mammal holder, they are consulted regarding the option to retain the animal in their permanent collection. If the stranding center is not a marine mammal holder or the decision is made by NMFS that the animal should be transferred out of the stranding center, other placement options are sought.
  • The facility requesting custody of the marine mammal submits a letter of intent to accept the animal into their collection.
  • APHIS is consulted regarding AWA compliance history.
  • A letter is issued by the Office of Protected Resources' Permits, Conservation and Education Division to transfer the animal.

Marine mammal holders that are interested in obtaining non-releasable rehabilitated marine mammals for public display are asked to contact the Permits, Conservation and Education Division at 301-427-8401.

Releasable marine mammals: A public display permit is required to retain a rehabilitated marine mammal determined to be releasable to the wild.

Updated: October 4, 2011
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