Public Display of Marine Mammals
The Marine Mammal Protection Act (MMPA) allows for the removal from the wild or importation of marine mammals for public display. NOAA Fisheries has jurisdiction over 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 (including walrus).
What is NOAA Fisheries' role in public display?
- Issue permits for:
- Removal of marine mammals from the wild
- Import of marine mammals
- Transfer of "releasable" rehabilitated marine mammals
- Maintain the National Inventory of Marine Mammals, which tracks:
- Acquisitions (births, wild captures, imports)
- Dispositions (deaths, escapes, releases)
- Transfers/Transports (transfer of custody and transport to other facilities)
- Regulate exports of marine mammals
- Place non-releasable stranded marine mammals in public display facilities
Is a permit required to have marine mammals on public display?
No. Permits are not required to maintain marine mammals in public display facilities, such as aquariums.
However, species that are listed as threatened or endangered under the Endangered Species Act (ESA) require a scientific research or enhancement permit to be held at public display facilities.
What does a facility need to do to have marine mammals on public display?
Meet the following criteria, as outlined by the MMPA:
- Offer an education or conservation program;
- Be open to the public on a regularly scheduled basis; and
- Be licensed or registered by the Animal and Plant Health Inspection Service (USDA/APHIS) per the Animal Welfare Act (AWA).
What is required to export marine mammals for public display in other countries?
For marine mammals that are not ESA-listed or designated as depleted under the MMPA to be exported to foreign countries for public display, the receiving person or facility must meet standards that are comparable to those required of a U.S. facility (see above).
In addition, the appropriate agency of the foreign government (e.g., the Convention on International Trade in Endangered Species (CITES) management authority of the government) must certify that the:
- Information submitted is accurate;
- Government will enforce its laws and regulations pertaining to the public display and captive care of marine mammals; and
- Animals will continue to be held for public display purposes.
Marine mammals that are listed as threatened or endangered under the ESA, or are designated as depleted under the MMPA, may not be exported to foreign countries for public display.
How can I request information from the marine mammal inventory?
You may request information from the National Marine Mammal Inventory database under the Freedom of Information Act (FOIA). At this time, inventory reports are not available online and must be printed and sent via mail. Contact NOAA Fisheries, Office of Protected Resources:
Permits Division, Office of Protected Resources, NMFS
1315 East-West Highway, Suite 13705
Silver Spring, MD 20910
When submitting your request, consider the following questions to narrow your request and eliminate surplus data from being sent to you:
- Would you like the data arranged by holder (legal custody) or facility (physical location)?
- Do you need information on:
- U.S. or non-U.S. facilities or both?
- a particular entity or group of entities?
- facilities that are active, inactive, or both?
- just cetaceans, just pinnipeds, both or just particular species?
- all animals, or just those that are currently alive or deceased?
- particular source codes (i.e. wild caught, captive born, imported)?
- transfer/transport histories on the animals?
- Animal Care and Maintenance: The USDA, Animal and Plant Health Inspection Service (APHIS) has jurisdiction over animal care and maintenance for all marine mammals held for public display purposes under the Animal Welfare Act. This includes space, veterinary care, transport, and public interaction programs.
- Permits for Public Display: The 1994 amendments to the MMPA transferred authority over animal care and maintenance to the USDA, APHIS and removed the requirement for facilities to obtain MMPA permits to hold marine mammals for public display. The only permits currently issued for public display purposes are capture from the wild (including obtaining releasable stranded animals) and import of marine mammals. (Section 104 of the MMPA)
- Other Marine Mammals: The U.S. Fish and Wildlife Service has jurisdiction over polar bears, sea and marine otters, walrus, manatee, and dugong.
Updated: September 5, 2012