Chapter X 



MARINE MAMMALS IN CAPTIVITY 



Under the Marine Mammal Protection Act, permits 

 to take marine mammals may be issued by the Secre- 

 tary of Commerce or the Secretary of the Interior, 

 depending on the species of marine mammal involved, 

 for several purposes, including public display, scien- 

 tific research, or enhancing the survival or recovery 

 of a species or stock. Such permits may, among other 

 things, authorize the maintenance of marine mammals 

 in captivity. Since its inception, the Marine Mammal 

 Commission has worked with responsible regulatory 

 agencies to ensure the safety and well-being of marine 

 mammals in captivity. 



Amendments to the Marine Mammal Protection 

 Act enacted in 1994 greatly diminished the authority 

 of the National Marine Fisheries Service and the Fish 

 and Wildlife Service over marine mammals once they 

 are removed from the wild and brought into captivity. 

 Although no corresponding amendments to the Animal 

 Welfare Act were enacted, the practical effect was to 

 increase the role of the Department of Agriculture's 

 Animal and Plant Health Inspection Service in matters 

 concerning the care and maintenance of captive 

 marine mammals. Among other things, the Animal 

 and Plant Health Inspection Service assumed sole 

 responsibility for regulating programs that allow 

 humans to interact with marine mammals, such as 

 swim-with-the-dolphin programs. 



Care and Maintenance Standards 



The Animal and Plant Health Inspection Service 

 regulates the humane handling, housing, care, treat- 

 ment, and transportation of marine mammals and 

 other warm-blooded animals under the Animal Wel- 

 fare Act. The Service originally adopted standards 

 applicable to marine mammals in 1979 and incorporat- 

 ed amendments in 1984. The standards have not been 

 updated since then to reflect advances in animal 

 husbandry and marine mammal science. 



As discussed in previous annual reports, in 1990 

 the Marine Mammal Commission invited represen- 

 tatives of the Animal and Plant Health Inspection 

 Service, the National Marine Fisheries Service, and 

 the Fish and Wildlife Service to meet to discuss the 

 need to revise the standards. At that time, all four 

 agencies agreed that a joint review of the standards 

 was desirable. As a first step, in July 1991 the Com- 

 mission provided the Animal and Plant Health Inspec- 

 tion Service with a comprehensive discussion paper. 

 The Commission's paper identified shortcomings in 

 the current standards and raised questions that the 

 Commission thought needed to be addressed in 

 reviewing those standards. 



The Animal and Plant Health Inspection Service 

 subsequently indicated its intention to use negotiated 

 rulemaking to review and revise the marine mammal 

 standards and guidelines. A negotiated rulemaking 

 committee composed of representatives of the public 

 display and animal welfare communities and govern- 

 ment agencies was formed by the Service. The 

 Commission, the National Marine Fisheries Service, 

 and the Fish and Wildlife Service participated as non- 

 voting observers. 



The negotiated rulemaking advisory committee met 

 three times between September 1995 and December 

 1996 and developed consensus language on most 

 sections of a proposed rule to be published by the 

 Animal and Plant Health Inspection Service. The 

 committee reached agreement on the following sec- 

 tions: feeding; sanitation; employees/attendants; 

 transportation; veterinary care; facilities general; 

 paragraph (a) of space requirements; and separation. 

 Consensus was not reached on the sections that 

 address the most contentious and potentially costly 

 issues, including special considerations regarding 

 compliance and/or variances; indoor facilities (which 

 includes provisions concerning ambient temperatures, 

 ventilation, and lighting); outdoor facilities (which 



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