Chapter X — Marine Mammals in Captivity 



the enclosure is negligible. The Service intends to 

 publish a notice in the Federal Register early in 1999 

 requesting public comment concerning such programs. 



Exports of Marine Mammals 

 to Foreign Facilities 



Section 102(a)(4) of the Marine Mammal Protec- 

 tion Act, as amended in 1994, prohibits the export of 

 marine mammals taken in violation of the Act or for 

 any purposes other than public display, scientific 

 research, or species enhancement. Marine mammals 

 may be exported from U.S. facilities or U.S. waters 

 as long as the receiving facility meets requirements 

 comparable with those applicable to U.S. facilities. 



Before it may obtain marine mammals from the 

 United States for public display, a foreign facility 

 must provide the National Marine Fisheries Service 

 documentation demonstrating that it meets comparable 

 standards with respect to education or conservation 

 programs and public accessibility. The facility must 

 also provide documentation to the Animal and Plant 

 Health Inspection Service demonstrating that it meets 

 standards for care and maintenance of the marine 

 mammals comparable with those applicable to U.S. 

 facilities. The Animal and Plant Health Inspection 

 Service evaluates the documentation and provides the 

 results to the National Marine Fisheries Service or the 

 Fish and Wildlife Service, as appropriate. Because 

 foreign facilities are not subject to licensing or regis- 

 tration requirements under the Animal Welfare Act, it 

 is only through the Marine Mammal Protection Act's 

 comparability requirement that adequate care of 

 marine mammals transferred to foreign facilities can 

 be assured. Should a foreign facility not meet the 

 comparability requirements, the National Marine 

 Fisheries Service or the Fish and Wildlife Service can 

 block the export. 



Some disagreement exists among the responsible 

 agencies and the public display industry as to how 

 such comparability findings are to be made and for 

 what period the facility must remain comparable. The 

 National Marine Fisheries Service believes that its 

 responsibilities under the Marine Mammal Protection 

 Act, and those of the receiving facility, do not end 



once an animal has been exported. It therefore 

 requires the foreign government with jurisdiction over 

 the facility to certify the accuracy of information 

 submitted by the facility and to afford comity to 

 actions the Service may take {i.e., agree to recognize 

 and facilitate enforcement of Service actions concern- 

 ing the animals) to enforce the comparability provi- 

 sions of the Act once animals are exported. The 

 public display industry believes that there is no 

 continuing U.S. jurisdiction after an animal is export- 

 ed {i.e., comparability requirements apply only at the 

 time of export and a comity statement is not required). 



As discussed in previous annual reports, the 

 Animal and Plant Health Inspection Service in 1994 

 requested the Commission's comments on a document 

 outlining the information required to be submitted by 

 a foreign facility to enable the Service to determine 

 that comparable standards have been met. The 

 Commission responded by letter of 8 September 1994, 

 noting that the only reliable way to ascertain whether 

 a foreign facility meets requirements comparable with 

 those applicable to U.S. facilities is to conduct an on- 

 site inspection, as is done for U.S. facilities. 



During 1995 the National Marine Fisheries Service 

 requested the Commission's comments on four appli- 

 cations from foreign facilities requesting authorization 

 to export unreleasable stranded marine mammals from 

 the United States for purposes of public display. The 

 Commission reiterated comments from its 8 Septem- 

 ber 1994 letter that an on-site inspection by a qualified 

 individual {e.g., an Animal and Plant Health Inspec- 

 tion Service inspector or an independent inspector 

 approved by the Animal and Plant Health Inspection 

 Service and who is familiar with marine mammals) is 

 the only reliable way to ensure that a facility meets 

 comparable U.S. standards. The Commission noted 

 that, although the Animal and Plant Health Inspection 

 Service does not have authority under the Animal 

 Welfare Act to compel a foreign facility to consent to 

 an inspection, it is within the authority of the National 

 Marine Fisheries Service and the Animal and Plant 

 Health Inspection Service to require a foreign facility 

 to allow and pay for the cost of such an inspection as 

 a condition of obtaining animals from the United 

 States. Thus, inspection could be made mandatory. 

 The Commission further noted that it would not be 

 difficult to imagine circumstances in which an animal 



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