MARINE MAMMAL COMMISSION — Annual Report for 1991 



Marine Mammal Commission to assist the Services in 

 drafting revised regulations; (2) development of draft 

 regulations by the Services and review by a working 

 group consisting of representatives from the four 

 Federal agencies and representatives of the research, 

 public display, and environmental communities; and 

 (3) publication of proposed regulations by the Services 

 for a 60-day comment period. 



As discussed in Chapter X, the National Marine 

 Fisheries Service held a series of working sessions on 

 permit-related issues in 1989. One session addressed 

 care and maintenance standards for marine mammals. 

 After considering the issues raised during this working 

 session and identifying ambiguities in the existing 

 standards, the Marine Mammal Commission prepared 

 a discussion paper setting forth a number of questions 

 to be addressed in the interagency review. These 

 questions addressed both shortcomings in the existing 

 standards and issues not previously dealt with in the 

 standards. 



On 31 July 1991, the Commission provided the 

 Services with its discussion paper. In the transmittal 

 letter to the Animal and Plant Health Inspection 

 Service, the Commission noted that a prompt review 

 of the standards and regulations was needed and it 

 recommended that, if the Service's workload is such 

 that a review could not proceed quickly, the National 

 Marine Fisheries Service, under its authority over 

 captive marine mammals as provided by the Marine 

 Mammal Protection Act, should assume primary 

 responsibility for undertaking the review. 



On 11 September 1991, the Animal and Plant 

 Health Inspection Service responded to the Commis- 

 sion's July letter. The Service indicated that an 

 internal review of the standards was under way and 

 that the Commission's discussion paper would be used 

 to guide development of revised standards. The 

 Commission replied to the Service's letter on 20 

 December 1991, expressing concern that the Service 

 might not be aware of the agreement among the 

 Service, the National Marine Fisheries Service, the 

 Fish and Wildlife Service, and the Commission that 

 the review be conducted as an interagency effort. The 

 Commission stressed the need for prompt action, 

 commencing with a meeting of representatives of the 

 three Services and the Conunission to establish a 



timetable and plan for carrying out the review. The 

 Commission expects a response to its letter by the end 

 of January 1992. 



Lacey Act 



As discussed above, the transport of marine 

 mammals is regulated by the Animal and Plant Health 

 Inspection Service under the Animal Welfare Act and 

 by the National Marine Fisheries Service and the Fish 

 and Wildlife Service under the Marine Mammal 

 Protection Act. In addition, the Lacey Act Amend- 

 ments of 1981 direct the Secretary of the Interior to 

 prescribe requirements for the humane and healthful 

 transport of wild animals and birds, including marine 

 mammals, shipped to the United States. A final rule 

 establishing transport standards for mammals and 

 birds was published on 10 November 1987; it was to 

 take effect 90 days later. 



Before the final rule became effective, however, a 

 significant number of adverse comments were submit- 

 ted to the Service. Commentors noted that compli- 

 ance with the regulations could result in inhumane 

 treatment of some animals. It also was argued that 

 the regulations would, in some cases, be difficult to 

 enforce and, without good reason, would make it 

 virtually impossible to transport some types of ani- 

 mals. On 8 February 1988, the date the regulations 

 would have taken effect, the Service postponed the 

 effective date until 1 August 1988 to provide time to 

 thoroughly evaluate these assertions. On 1 March 

 1988, animal welfare groups brought suit against the 

 Service, seeking to have the regulations take effect 

 immediately. The District Court for the District of 

 Columbia, on 18 April 1988, ruled that the delay in 

 implementing the transport regulations was without 

 good cause and issued a preliminary injunction 

 establishing 8 February 1988 as the effective date of 

 the rule. 



Subsequently, the Service undertook a review of 

 the regulations to identify those provisions that were 

 in need of amendment or clarification. It published a 

 notice of intent to amend the regulations and indicated 

 those provisions of the rule that appeared to warrant 

 change. Based upon that review, the Service pub- 

 lished a Federal Register notice on 15 October 1990, 



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