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CHAPTER VIII 



MARINE MAMMAL MAINTENANCE STANDARDS AND REGULATIONS 



On 20 September 1979, the Department of Agriculture's 

 Standards and Regulations for the Humane Handling, Care, 

 Treatment, and Transportation of Marine Mammals went into 

 effect. These Standards, promulgated by the Department 

 of Agriculture under the Animal Welfare Act in response to the 

 Commission's recommendations of 20 October 1975, were the 

 subject of lengthy and extensive correspondence, consultation, 

 and rulemaking which are discussed in the Commission's 

 previous Annual Reports, and include most of the Commission's 

 recommendations transmitted in the course of that process. 



The Standards require dealers, research facilities, 

 exhibitors, operators of auction sales, carriers, and inter- 

 mediate handlers to comply with minimum standards relating 

 to the various aspects of maintenance and transportation of 

 marine mammals in captivity. All such persons or facilities 

 maintaining marine mammals in captivity in the United States 

 must obtain a license from the Department of Agriculture's 

 Animal and Plant Health Inspection Service (APHIS) and must 

 maintain those marine mammals in compliance with the Standards 

 unless a variance has been obtained to allow a limited time 

 for modification or construction of new facilities or other 

 actions necessary to achieve full compliance. Persons and 

 facilities were required to apply for variances within 60 

 days of the effective date of the Regulations and variances 

 were granted by APHIS for a limited period, usually no more 

 than three years, to allow for the necessary modifications or 

 construction of new facilities. It was anticipated that this 

 variance period would also provide an opportunity to observe 

 and evaluate the practical effects of application of the 

 Standards and to make appropriate changes, as necessary, 

 based upon that experience. 



During the succeeding four years, representatives of 

 APHIS consulted with representatives of the Commission, 

 the National Marine Fisheries Service, the Fish and Wildlife 

 Service, the American Association of Zoological Parks and 

 Aquaria, and others concerning the practical effects of 

 application of the Standards and the need for changes. On 



