CHAPTER XI 



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 under the 

 Animal Welfare Act in response to the Commission's recom- 

 mendations of 20 October 1974. As discussed in the Commission's 

 previous Annual Reports, they were the subject of lengthy and 

 extensive correspondence, consultation, and rulemaking. 



The Standards reguire dealers, exhibitors, operators of 

 auction sales, carriers, and intermediate handlers to comply with 

 minimum standards relating to maintenance and transportation 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 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. A variance may be 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, the Animal and Plant Health 

 Inspection Service consulted with the Commission, the National 

 Marine Fisheries Service, the Fish and Wildlife Service, the 

 American Association of Zoological Parks and Aguaria, and others 

 concerning the practical effects of applying the Standards and 

 possible 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, reguirements for 

 accompanying pinnipeds during transport, and specifications for 

 holding areas for marine mammals maintained in transportation 

 facilities. 



On several occasions in 1987 and early in 1988, the 

 Commission wrote to the Animal and Plant Health Inspection 

 Service regarding the issue of holding captive animals in 

 isolation, that is, without the companionship of other animals of 

 like or compatible species of the same order. On 15 April 1988, 

 the Commission again wrote to the Service recommending that it 

 undertake an investigation to identify facilities maintaining 



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