MARINE MAMMAL COMMISSION — Annual Report for 1992 
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. They adopted a general approach as 
follows: (1) development of a discussion paper by the 
Marine Mammal Commission to assist the Services in 
drafting revised regulations; (2) development of draft 
regulations by the Services and review by a working 
group consisting of representatives from the four 
Federal agencies and representatives of the research, 
public display, and environmental communities; and 
(3) publication of proposed regulations by the Services 
for a 60-day comment period. 
On 31 July 1991 as agreed the Marine Mammal 
Commission, provided a comprehensive discussion 
paper setting forth questions and shortcomings to be 
addressed and submitted it to the Animal and Plant 
Health Inspection Service. In its letter transmitting 
the discussion paper, the Commission recommended 
that if the Animal and Plant Health Inspection Service 
could not undertake the review promptly, the National 
Marine Fisheries Service, which has responsibility for 
all cetaceans and all pinnipeds except the walrus under 
the Marine Mammal Protection Act, should be asked 
to assume primary responsibility. 
On 11 September 1991 the Animal and Plant 
Health Inspection Service responded to the Commis- 
sion’s letter. The Service indicated that an internal 
review of the standards was underway and that the 
Commission’s discussion paper would be used to 
guide development of revised standards. The Com- 
mission replied to the Service’s letter on 20 December 
1991, expressing concern that the Service might not 
recall the agreement among the Service, the National 
Marine Fisheries Service, the Fish and Wildlife 
Service, and the Commission that the review be 
196 
conducted as an interagency effort. The Commission 
stressed the need for prompt action, commencing with 
a meeting of representatives of the three Services and 
the Commission to establish a timetable and plan for 
carrying out the review. 
The Animal and Plant Health Inspection Service 
responded by letter of 7 April 1992, noting that the 
Government-wide moratorium on new regulations had 
caused the review to be delayed. The Service indicat- 
ed that it still intended to proceed with the review and 
was committed to consulting with the appropriate 
parties in the regulation writing process. As of the 
end of 1992, the Commission was aware of no further 
action by the Service to review or revise the standards 
or to consult with the other involved agencies. 
Maintenance of Marine Mammals 
in Isolation 
One issue that the Commission has recommended 
be examined by the Animal and Plant Health Inspec- 
tion Service in the course of reviewing the standards 
for captive marine mammals is the maintenance of 
marine mammals in isolation. The Commission has 
long believed that maintenance of captive marine 
mammals in isolation (i.e., without the companionship 
of other animals of the same species or a compatible 
species of the same order) is inappropriate except for 
purposes of medical treatment or on a temporary basis 
in other special situations. As discussed in previous 
annual reports, the Commission has written to the 
Animal and Plant Health Inspection Service on several 
occasions since 1987 regarding this issue. 
The Commission has repeatedly expressed concern 
about the Animal and Plant Health Inspection Serv- 
ice’s interpretation of that section of the Animal 
Welfare Act standards that addresses separation of 
animals being held in captivity, particularly with 
respect to those species considered by the Service as 
suitable companion animals for marine mammals. 
The Commission, in reacting to the Service’s having 
found a sea turtle to be a suitable companion for a 
bottlenose dolphin, recommended that the regulations 
not be interpreted so broadly as to undermine their 
effectiveness and enforcement. The Commission also 
