Chapter XI 



MARINE MAMMALS IN CAFnVITY 



Under tJie Marine Mammal Protection Act, permits 

 to take marine mammals for purposes of public 

 display, scientific research, and species enhancement 

 may be issued by either the Secretary of Commerce or 

 the Secretary of the Interior, depending upon the 

 species of marine mammal involved. Such permits 

 are to specify the methods of capture, supervision, 

 care, and transportation that must be followed during 

 and after the taking, including requirements for 

 maintaining the animals in captivity. In addition, the 

 Department of Agriculture's Animal and Plant Health 

 Inspection Service regulates the handling, care, treat- 

 ment, and transportation of captive marine mammals 

 under the Animal Welfare Act. Since its inception, 

 the Marine Mammal Commission has tried to ensure 

 the safety and well-being of marine mammals main- 

 tained in captivity. Activities regarding the develop- 

 ment and possible revision of applicable standards are 

 discussed below. 



Animal Welfare Act 



In 1979, the National Marine Fisheries Service, the 

 Fish and Wildlife Service, and the Animal and Plant 

 Health Inspection Service entered into a cooperative 

 agreement to promote the effective implementation of 

 standards governing the humane handling, care, 

 treatment, and transportation of captive marine 

 mammals. In particular, the agreement seeks to 



(1) ensure uniform application of the standards; 



(2) provide appropriate and consistent guidance to 

 persons responsible for captive marine mammals; and 



(3) ensure the effective utilization of the personnel and 

 unique capabilities of each agency, with minimal 

 duplication of effort. 



Also in 1979, the Animal and Plant Health Inspec- 

 tion Service issued Standards and Regulations for the 

 Humane Handling, Care, Treatment, and Transporta- 



tion of Marine Mammals under the authority of the 

 Animal Welfare Act. The standards establish mini- 

 mum requirements for the care, maintenance, and 

 transportation of captive marine mammals that apply 

 to dealers, exhibitors, researchers, carriers, and inter- 

 mediate handlers. All persons or facilities maintaining 

 marine mammals in captivity in the United States for 

 purposes of public display, scientific research, or 

 species enhancement must obtain licenses from the 

 Animal and Plant Health Inspection Service; they must 

 also maintain those marine mammals in compliance 

 with the standards. A variance may be obtained to 

 allow a limited time for modifying existing facilities, 

 constructing new facilities, or taking other actions 

 necessary to achieve full compliance. 



The standards were last amended by the Service in 

 1984. Significant areas covered by the amendments 

 included space requirements for primary enclosures 

 for certain marine mammals, procedures for granting 

 variances, construction requirements for marine 

 mammal facilities, requirements for accompanying 

 piimipeds during transport, and specifications for 

 holding areas for marine mammals temporarily 

 maintained at airports or elsewhere during shipment. 



Review and Revision of Marine Mammal 

 Care and Maintenance Standards 



On 29 May 1990, representatives of the Animal 

 and Plant Health Inspection Service, the National 

 Marine Fisheries Service, the Fish and Wildlife 

 Service, and the Marine Mammal Commission met to 

 discuss possible revisions of the Animal and Plant 

 Health Inspection Service's standards governing the 

 humane handling, care, treatment, and transportation 

 of captive marine mammals. At the meeting, agency 

 representatives agreed that a review of the standards 

 was desirable and they adopted a general schedule as 

 follows: (1) development of a discussion paper by the 



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