CHAPTER XII 



MARINE MAMMALS IN CAPTIVITY 



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 were promulgated by the Department 

 of Agriculture under the Animal Welfare Act in response to 

 the Commission's recommendations of 20 October 1974. As 

 discussed in the Commission's past Annual Reports, they were 

 the subject of lengthy and extensive correspondence, consul- 

 tation, and rulemaking. 



The Standards require dealers, exhibitors, operators of 

 auction sales, carriers, and intermediate handlers to comply 

 with minimum standards relating to maintenance and transpor- 

 tation of marine mammals in captivity. These Standards apply 

 to research facilities as well. All persons or facilities 

 maintaining marine mammals in captivity in the United States, 

 be it for purposes of public display or scientific research, 

 must obtain a license from the Department of Agriculture's 

 Animal and Plant Health Inspection Service and must maintain 

 those marine mammals in compliance with the Standards unless 

 a variance has been obtained to allow a limited time for 

 modification of existing facilities, construction of new 

 facilities, or other actions necessary to achieve full com- 

 pliance. 



During succeeding years, representatives of the Animal and 

 Plant Health Inspection Service consulted with representatives 

 of the Commission, the National Marine Fisheries Service, the 

 Fish and Wildlife Service, the American Association of Zoologi- 

 cal Parks and Aquaria, and others concerning the practical 

 effects of applying the Standards and needed changes. 



On 28 June 1984, the Animal and Plant Health Inspection 

 Service published amendments to the Standards in the Federal 

 Register . Significant areas covered by the amendments included 

 space requirements for primary enclosures for certain marine 

 mammals, new procedures for the granting of variances, construc- 

 tion requirements for housing marine mammals, requirements 

 for accompanying pinnipeds during transport, and specifications 

 for holding areas for marine mammals maintained in transpor- 

 tation facilities. 



The Commission works on an ongoing basis with the Animal 

 and Plant Health Inspection Service, the Fish and Wildlife 

 Service, and the National Marine Fisheries Service to assist 

 in implementing the care and maintenance standards. In 1988, 



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