Chapter X — Permits for Marine Mammals 



On 1 November 1989, the Service, in response to 

 considerable public controversy generated by these 

 programs, issued a Draft Environmental Impact 

 Statement to evaluate the effects of continuing to use 

 dolphins in swim programs. The Commission com- 

 mented on the Draft Environmental Impact Statement 

 by letter of 5 February 1990. The Commission 

 reconmiended that, pending completion of the Ser- 

 vice's review, no additional animals be removed from 

 the wild for swim programs and no additional swim 

 programs be authorized. The Commission also 

 recommended that: new conditions be designed to 

 mitigate potential adverse impacts of the existing pro- 

 grams on the well-being of dolphins and humans; 

 substantially improved reporting requirements be 

 established; the requirements be carefully structured 

 to obtain, to the maximum extent possible, informa- 

 tion useful in assessing the effects of swim programs; 

 and thorough, consistent, and effective monitoring and 

 enforcement of the four programs be established and 

 carried out by the National Marine Fisheries Service 

 to ensure that they are being conducted as responsibly 

 and safely as possible and that required reports are 

 submitted as specified. 



A Final Environmental Impact Statement was 

 published in April 1990. Under the Service's pre- 

 ferred alternative, the four existing swim-with-the- 

 dolphin programs would be continued on an experi- 

 mental basis while a one-year study on the effects of 

 the programs was conducted. The four permits were 

 subsequently extended until 31 December 1991. 



On 9 August 1990, the Commission, at the request 

 of the National Marine Fisheries Service, convened a 

 workshop to develop reconmiended protocols for a 

 study or studies to determine the relative risks and 

 benefits of swim-with-the-dolphin programs. Work- 

 shop recommendations included, among other things, 

 the close observation of and recording of the behavior 

 of the dolphins involved, the conduct of quarterly site 

 visits to each swim program facility by a behavioral 

 observation team, to coincide with quarterly veteri- 

 nary examinations of the dolphins involved in the 

 swim program and control group animals; the estab- 

 lishment of an advisory panel of veterinarians to 

 review the results of veterinary examinations and to 

 consult with the behavioral observation team on the 

 analysis and interpretation of medical data relative to 



behavioral data; and, prior to implementing any of the 

 workshop recommendations, the Service's convening 

 a meeting of the operators of swim-with-the-dolphin 

 programs to discuss the findings and recommendations 

 contained in the report. 



In a 7 March 1991 letter to the National Marine 

 Fisheries Service, the Commission concurred with the 

 workshop recommendations. To expedite the review 

 of swim-with-the-dolphin programs, the Commission 

 recommended that medical and behavioral protocols 

 and standardized reporting forms be drafted by the 

 medical and behavioral teams in consultation with the 

 responsible veterinarians at facilities operating experi- 

 mental swim programs. If this were to be done prior 

 to the Service's meeting with swim program opera- 

 tors, it would afford operators, attending veterinari- 

 ans, and program staff the opportunity to review and 

 comment on both the draft protocols and the study 

 design. Toward this end, the Commission also 

 recommended that the Service develop terms of 

 reference for and constitute an advisory panel and 

 behavioral observation team. 



The Commission further recommended that, once 

 drafts of the recommended medical and behavioral 

 protocols were completed, the Service convene a 

 meeting of the medical and behavioral teams, swim 

 program operators, program veterinarians, and 

 program staffs to discuss the findings and recommen- 

 dations of the workshop report, and review and 

 finalize the medical and behavioral monitoring proto- 

 cols and the standardized checklists and reporting 

 forms. The Commission recommended that, upon 

 finalizing the protocols, the Service initiate an assess- 

 ment program. 



On 5 December 1991, the Service requested 

 proposals from researchers interested in designing and 

 conducting a study of swim-with-the-dolphin pro- 

 grams. The contractor selected would be expected to 

 collect data on the behavior and health of dolphins 

 participating in swim programs and to assess the 

 effects of the programs. The Service expects to issue 

 a contract for the study early in 1992. To enable the 

 existing programs to continue on an experimental 

 basis during the study, the Service, on 31 December 

 1991, extended authority under the four permits until 

 30 June 1993. 



191 



