removal, and related activities), certain military activities {e.g., rocket launches near seal haul- 

 outs and ship shock testing), and various shoreline development projects. 



Certain recreational activities not authorized under the Act that pose safety risks for both 

 people and wild marine mammals have become an increasing source of concern in recent years. 

 These include people feeding and swimming with wild dolphins, and approaching hauled-out 

 pinnipeds along the California coast. In 1998, the Commission contracted for studies to help 

 assess feeding and swimming interactions with dolphins and provided assistance and advice 

 concerning actions for managing interactions between people and elephant seals. 



Marine Mammals in Captivity (Chapter X) 



Marine manmials are maintained in captivity for purposes of public display, scientific 

 research, and enhancement of the survival of various species or stocks. The Animal and Plant 

 Health Inspection Service in the Department of Agriculture has regulatory responsibility for the 

 care and transportation of such animals under the Animal Welfare Act. In the early 1990s the 

 Commission recommended that the Service update its regulatory standards for the care of captive 

 marine mammals, which were last amended in 1984. Progress in revising the standards has been 

 slow, in part because negotiated rulemaking procedures were used to try to resolve contentious 

 issues. The Service has advised the Commission that it plans to issue proposed rules in two 

 parts during 1999 — one part will address provisions agreed to by the negotiated rulemaking 

 committee and the second will address provisions on which that committee did not reach 

 agreement. 



Other long-standing issues concerning captive marine maimnals have included (1) the 

 safety of dolphins and humans involved in programs that allow the public to swim with captive 

 dolphins, (2) ensuring that foreign facilities seeking to import marine mammals from the United 

 States meet standards comparable with those of U.S. facilities, and (3) whether it is appropriate 

 and safe to return long-term captive marine mammals back to the wild. In 1998 the Animal and 

 Plant Health Inspection Service issued regulations setting forth standards for swim-with-the- 

 dolphin programs. Commission recommendations that the Service require foreign facilities 

 seeking marine mammals from the United States to be inspected as part of the review process 

 have not been adopted. 



Appendices 



Appendix A lists recommendations made by the Marine Mammal Commission in 1998. 

 Appendix B lists Commission-sponsored reports published by the National Technical Information 

 Service and the Commission. Appendix C lists citations of other papers and reports resulting 

 from Commission- sponsored work that have been published elsewhere. 



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