MARINE MAMMAL COMMISSION - Annual Report for 1995 



Swim-with-the-Dolphin Programs 



As discussed in the previous annual report, four 

 marine mammal facilities were authorized by the 

 National Marine Fisheries Service under the Marine 

 Mammal Protection Act to conduct swim-with-the- 

 dolphin programs in which members of the public are 

 allowed to enter the water and interact with captive 

 bottlenose dolphins. Because of possible health and 

 safety risks to both dolphin and human participants, 

 these programs were considered experimental and 

 were authorized on a provisional basis. 



As a consequence of the 1994 amendments to the 

 Marine Mammal Protection Act, the National Marine 

 Fisheries Service is no longer authorized to regulate 

 or otherwise control swim programs. The Animal and 

 Plant Health Inspection Service, under authority of the 

 Animal Welfare Act, subsequently assumed responsi- 

 bility for the programs. On 23 January 1995 the 

 Animal and Plant Health Inspection Service published 

 a proposed rule in the Federal Register to regulate 

 swim-with-the-dolphin programs. The proposed 

 regulations, for the most part, are based on the 

 requirements that had been put in place by the Nation- 

 al Marine Fisheries Service. Among other things, the 

 regulations would require that only bottlenose dol- 

 phins be used in swim programs and that every 

 program employ a full-time manager, primary behav- 

 iorist, supervising attendant, and attending veterinari- 

 an. 



With regard to handling, the regulations would 

 require that an individual dolphin's interaction with 

 humans not exceed two hours per day and that each 

 dolphin is permitted at least 10 continuous hours with 

 no public interaction every 24 hours. In addition, the 

 ratio of humans to dolphins is not to exceed 3 : 1 and 

 all sessions must have at least two attendants. The 

 proposed regulations also specify that if a program has 

 more than two incidents that are dangerous or harmful 

 to either dolphins or humans, one attendant must be 

 positioned in the water, and animals exhibiting unsat- 

 isfactory behaviors be removed from the interactive 

 session. 



With regard to recordkeeping, the regulations 

 would require that a description of each program be 

 provided to the Service, including descriptions of the 

 facility, the training each dolphin has undergone, the 

 behavior patterns of each dolphin, the veterinary care 

 program, and the monitoring program. 



With regard to veterinary care, the regulations 

 would require that the attending veterinarian conduct 

 on-site evaluations at least once a month of each 

 dolphin used in a swim program and a complete 

 physical examination at least once every six months. 



By letter of 17 March 1995 the Commission 

 commented on the proposed swim program regula- 

 tions. The Commission recommended that the Service 

 conduct on-site inspections of current and proposed 

 facilities to determine compliance with the applicable 

 care and maintenance standards and guidelines and the 

 special requirements applicable to swim programs; 

 clarify its authority to suspend a swim program's 

 authorization if the facility is found to be deficient or 

 is not adhering to the applicable regulations; clarify 

 what constitutes adequate training for dolphins in 

 swim programs; allow only controlled swims, as 

 defined in the 1994 National Marine Fisheries Ser- 

 vice-sponsored report, "Quantitative Behavioral Study 

 of Bottlenose Dolphins in Swim-with-the-Dolphin 

 Programs in the United States"; adopt the National 

 Marine Fisheries Service's human to dolphin ratio of 

 2:1 for swim programs; define what constitutes 

 prohibited "dangerous or harmful behavior"; and 

 specify that aggressive contact (e.g., biting, hitting, or 

 ramming) that results in human injury is cause for 

 removing a dolphin permanently from a swim pro- 

 gram. 



The Animal and Plant Health Inspection Service 

 anticipates publishing a final rule to govern swim- 

 with-the-dolphin programs in 1996. 



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