Chapter XII 
MARINE MAMMALS IN CAPTIVITY 
Under the Marine Mammal Protection Act, permits 
to take marine mammals for purposes of public 
display or scientific research or to enhance the surviv- 
al or recovery of a species or stock may be issued by 
the Secretary of Commerce or the Secretary of the 
Interior, depending upon the species of marine mam- 
mal involved. The Act requires that such permits 
specify the methods of capture, supervision, care, and 
transportation to be followed pursuant to and after 
taking or importation, 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, treatment, and transportation of 
captive marine mammals under the Animal Welfare 
Act. Since its inception, the Marine Mammal Com- 
mission has worked with the responsible agencies in 
an effort to ensure the safety and well-being of marine 
mammals maintained in captivity. Activities regard- 
ing the development and revision of applicable stan- 
dards are discussed below. 
The longstanding interpretation of applicable law 
that the Animal and Plant Health Inspection Service, 
the National Marine Fisheries Service, and the Fish 
and Wildlife Service share responsibility for regulating 
the care and maintenance of captive marine mammals 
has recently come under challenge. In Mirage Resorts 
v. Franklin, a lawsuit challenging the denial of a 
request for authority to conduct a swim-with-the- 
dolphin program, the plaintiffs alleged that the Nation- 
al Marine Fisheries Service is not empowered under 
the Marine Mammal Protection Act to regulate the 
care and maintenance of marine mammals held in 
captivity, including their use in swim programs. This 
case is discussed in Chapter XI. 
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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. 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 also 
must maintain those marine mammals in compliance 
with the standards. 
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 
pinnipeds during transport, and specifications for 
holding areas for marine mammals temporarily 
maintained at airports or elsewhere during shipment. 
