
[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR3]

[Page 92-115]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 3--STANDARDS--Table of Contents
 
Subpart E--Specifications for the Humane Handling, Care, Treatment, and Transpo
rtation of Marine Mammals

    Source: 44 FR 36874, June 22, 1979, unless otherwise noted.

                   Facilities and Operating Standards

Sec. 3.100  Special considerations regarding compliance and/or variance.

    (a) All persons subject to the Animal Welfare Act who maintain or 
otherwise handle marine mammals in captivity must comply with the 
provisions of this subpart, except that they may apply for and be 
granted a variance,\6\ by the Deputy Administrator, from one or more 
specified provisions of Sec. 3.104. The provisions of this subpart shall 
not apply, however, in emergency circumstances where compliance with one 
or more requirements would not serve the best interest of the marine 
mammals concerned.
---------------------------------------------------------------------------

    \6\ Written permission from the Deputy Administrator to operate as a 
licensee or registrant under the Act without being in full compliance 
with one or more specified provisions of Sec. 3.104.
---------------------------------------------------------------------------

    (b) An application for a variance must be made to the Deputy 
Administrator in writing. The request must include:
    (1) The species and number of animals involved,
    (2) A statement from the attending veterinarian concerning the age 
and health status of the animals involved, and concerning whether the 
granting of a variance would be detrimental to the marine mammals 
involved,
    (3) Each provision of the regulations that is not met,
    (4) The time period requested for a variance,
    (5) The specific reasons why a variance is requested, and
    (6) The estimated cost of coming into compliance, if construction is 
involved.
    (c) After receipt of an application for a variance, the Deputy 
Administrator may require the submission in writing of a report by two 
experts recommended by the American Association of Zoological Parks and 
Aquariums and approved by the Deputy Administrator concerning potential 
adverse impacts on the animals involved or on other matters relating to 
the effects of the requested variance on the health and well-being of 
such marine mammals. Such a report will be required only in those cases 
when the Deputy Administrator determines that such expertise is 
necessary to determine whether the granting of a variance would cause a 
situation detrimental to the health and well-being of the marine mammals 
involved. The cost of such report is to be paid by the applicant.
    (d) Variances granted for facilities because of ill or infirm marine 
mammals that cannot be moved without placing their well-being in 
jeopardy, or for facilities within 0.3048 meters (1 foot) of compliance 
with any space requirement may be granted for up to the life of the 
marine mammals involved. Otherwise, variances shall be granted for a 
period not exceeding July 30, 1986, Provided, however, That under 
circumstances deemed justified by the Deputy Administrator, a maximum 
extension of 1 year may be granted to attain full compliance. A written 
request for the extension must be received by the Deputy Administrator 
by May 30, 1986. Consideration for extension by the Deputy Administrator 
will be limited to unforeseen or unusual situations such as when 
necessary public funds cannot be allocated in an appropriate time frame 
for a facility to attain full compliance by July 30, 1986.
    (e) The Deputy Administrator shall deny any application for a 
variance if he determines that it is not justified under the 
circumstances or that allowing it will be detrimental to the health

[[Page 93]]

and well-being of the marine mammals involved.
    (f) Any facility housing marine mammals that does not meet all of 
the space requirements as of July 30, 1984, must meet all of the 
requirements by September 28, 1984, or may operate without meeting such 
requirements until action is taken on an application for a variance if 
the application is submitted to the Deputy Administrator on or before 
September 28, 1984.
    (g) A research facility may be granted a variance from specified 
requirements of this subpart when such variance is necessary for 
research purposes and is fully explained in the experimental design. Any 
time limitation stated in this section shall not be applicable in such 
case.

[49 FR 26681, June 28, 1984; 63 FR 2, Jan. 2, 1998]

Sec. 3.101  Facilities, general.

    (a) Construction requirements. (1) Indoor and outdoor housing 
facilities for marine mammals must be structurally sound and must be 
maintained in good repair to protect the animals from injury, to contain 
the animals within the facility, and to restrict the entrance of 
unwanted animals. Lagoon and similar natural seawater facilities must 
maintain effective barrier fences extending above the high tide water 
level, or other appropriate measures, on all sides of the enclosure not 
contained by dry land to fulfill the requirements of this section.
    (2) All marine mammals must be provided with protection from abuse 
and harassment by the viewing public by the use of a sufficient number 
of uniformed or readily identifiable employees or attendants to 
supervise the viewing public, or by physical barriers, such as fences, 
walls, glass partitions, or distance, or any combination of these.
    (3) All surfaces in a primary enclosure must be constructed of 
durable, nontoxic materials that facilitate cleaning, and disinfection 
as appropriate, sufficient to maintain water quality parameters as 
designated in Sec. 3.106. All surfaces must be maintained in good repair 
as part of a regular, ongoing maintenance program. All facilities must 
implement a written protocol on cleaning so that surfaces do not 
constitute a health hazard to animals.
    (4) Facilities that utilize natural water areas, such as tidal 
basins, bays, or estuaries (subject to natural tidewater action), for 
housing marine mammals are exempt from the drainage requirements of 
paragraph (c)(1) of this section.
    (b) Water and power supply. Reliable and adequate sources of water 
and electric power must be provided by the facility housing marine 
mammals. Written contingency plans must be submitted to and approved by 
the Deputy Administrator regarding emergency sources of water and 
electric power in the event of failure of the primary sources, when such 
failure could reasonably be expected to be detrimental to the good 
health and well-being of the marine mammals housed in the facility. 
Contingency plans must include, but not be limited to, specific animal 
evacuation plans in the event of a disaster and should describe back-up 
systems and/or arrangements for relocating marine mammals requiring 
artificially cooled or heated water. If the emergency contingency plan 
includes release of marine mammals, the plan must include provision for 
recall training and retrieval of such animals.
    (c) Drainage. (1) Adequate drainage must be provided for all primary 
enclosure pools and must be located so that all of the water contained 
in such pools may be effectively eliminated when necessary for cleaning 
the pool or for other purposes. Drainage effluent from primary enclosure 
pools must be disposed of in a manner that complies with all applicable 
Federal, State, and local pollution control laws.
    (2) Drainage must be provided for primary enclosures and areas 
immediately surrounding pools. All drain covers and strainers must be 
securely fastened in order to minimize the potential risk of animal 
entrapment. Drains must be located so as to rapidly eliminate excess 
water (except in pools). Drainage effluent must be disposed of in a 
manner that complies with all applicable Federal, State, and local 
pollution control laws.
    (d) Storage. Supplies of food must be stored in facilities that 
adequately protect such supplies from deterioration,

[[Page 94]]

spoilage (harmful microbial growth), and vermin or other contamination. 
Refrigerators and freezers (or chilled and/or iced coolers for under 12 
hours) must be used for perishable food. No substances that are known to 
be or may be toxic or harmful to marine mammals may be stored or 
maintained in the marine mammal food storage or preparation areas, 
except that cleaning agents may be kept in secured cabinets designed and 
located to prevent food contamination. Food, supplements, and 
medications may not be used beyond commonly accepted shelf life or date 
listed on the label.
    (e) Waste disposal. Provision must be made for the removal and 
disposal of animal and food wastes, dead animals, trash, and debris. 
Disposal facilities must be provided and operated in a manner that will 
minimize odors and the risk of vermin infestation and disease hazards. 
All waste disposal procedures must comply with all applicable Federal, 
State, and local laws pertaining to pollution control, protection of the 
environment, and public health.
    (f) Employee washroom facilities. Washroom facilities containing 
basins, sinks, and, as appropriate, showers, must be provided and 
conveniently located to maintain cleanliness among employees, 
attendants, and volunteers. These facilities must be cleaned and 
sanitized daily.
    (g) Enclosure or pool environmental enhancements. Any nonfood 
objects provided for the entertainment or stimulation of marine mammals 
must be of sufficient size and strength to not be ingestible, readily 
breakable, or likely to cause injury to marine mammals, and be able to 
be cleaned, sanitized, and/or replaced effectively.

[66 FR 251, Jan. 3, 2001]

Sec. 3.102  Facilities, indoor.

    (a) Ambient temperature. The air and water temperatures in indoor 
facilities shall be sufficiently regulated by heating or cooling to 
protect the marine mammals from extremes of temperature, to provide for 
their good health and well-being and to prevent discomfort, in 
accordance with the currently accepted practices as cited in appropriate 
professional journals or reference guides, depending upon the species 
housed therein. Rapid changes in air and water temperatures shall be 
avoided.
    (b) Ventilation. Indoor housing facilities shall be ventilated by 
natural or artificial means to provide a flow of fresh air for the 
marine mammals and to minimize the accumulation of chlorine fumes, other 
gases, and objectionable odors. A vertical air space averaging at least 
1.83 meters (6 feet) shall be maintained in all primary enclosures 
housing marine mammals, including pools of water.
    (c) Lighting. Indoor housing facilities for marine mammals shall 
have ample lighting, by natural or artificial means, or both, of a 
quality, distribution, and duration which is appropriate for the species 
involved. Sufficient lighting must be available to provide uniformly 
distributed illumination which is adequate to permit routine 
inspections, observations, and cleaning of all parts of the primary 
enclosure including any den areas. The lighting shall be designed so as 
to prevent overexposure of the marine mammals contained therein to 
excessive illumination.\7\
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    \7\ Lighting intensity and duration must be consistent with the 
general well-being and comfort of the animal involved. When possible, it 
should approximate the lighting conditions encountered by the animal in 
its natural environment. At no time shall the lighting be such that it 
will cause the animal discomfort or trauma.

[44 FR 36874, June 22, 1979; 63 FR 2, Jan. 2, 1998]

Sec. 3.103  Facilities, outdoor.

    (a) Environmental temperatures. Marine mammals shall not be housed 
in outdoor facilities unless the air and water temperature ranges which 
they may encounter during the period they are so housed do not adversely 
affect their health and comfort. A marine mammal shall not be introduced 
to an outdoor housing facility until it is acclimated to the air and 
water temperature ranges which it will encounter therein. The following 
requirements shall be applicable to all outdoor pools.
    (1) The water surface of pools in outdoor primary enclosures housing 
polar bears and ice or cold water dwelling

[[Page 95]]

species of pinnipeds shall be kept sufficiently free of solid ice to 
allow for entry and exit of the animals.
    (2) The water surface of pools in outdoor primary enclosures housing 
cetaceans and sea otters shall be kept free of ice.
    (3) No sirenian or warm water dwelling species of pinnipeds or 
cetaceans shall be housed in outdoor pools where water temperature 
cannot be maintained within the temperature range to meet their needs.
    (b) Shelter. Natural or artificial shelter which is appropriate for 
the species concerned, when the local climatic conditions are taken into 
consideration, shall be provided for all marine mammals kept outdoors to 
afford them protection from the weather or from direct sunlight.
    (c) Perimeter fence. On and after May 17, 2000, all outdoor housing 
facilities (i.e., facilities not entirely indoors) must be enclosed by a 
perimeter fence that is of sufficient height to keep animals and 
unauthorized persons out. Fences less than 8 feet high for polar bears 
or less than 6 feet high for other marine mammals must be approved in 
writing by the Administrator. The fence must be constructed so that it 
protects marine mammals by restricting animals and unauthorized persons 
from going through it or under it and having contact with the marine 
mammals, and so that it can function as a secondary containment system 
for the animals in the facility when appropriate. The fence must be of 
sufficient distance from the outside of the primary enclosure to prevent 
physical contact between animals inside the enclosure and animals or 
persons outside the perimeter fence. Such fences less than 3 feet in 
distance from the primary enclosure must be approved in writing by the 
Administrator. For natural seawater facilities, such as lagoons, the 
perimeter fence must prevent access by animals and unauthorized persons 
to the natural seawater facility from the abutting land, and must 
encompass the land portion of the facility from one end of the natural 
seawater facility shoreline as defined by low tide to the other end of 
the natural seawater facility shoreline defined by low tide. A perimeter 
fence is not required:
    (1) Where the outside walls of the primary enclosure are made of 
sturdy, durable material, which may include certain types of concrete, 
wood, plastic, metal, or glass, and are high enough and constructed in a 
manner that restricts entry by animals and unauthorized persons and the 
Administrator gives written approval; or
    (2) Where the outdoor housing facility is protected by an effective 
natural barrier that restricts the marine mammals to the facility and 
restricts entry by animals and unauthorized persons and the 
Administrator gives written approval; or
    (3) Where appropriate alternative security measures are employed and 
the Administrator gives written approval; or
    (4) For traveling facilities where appropriate alternative security 
measures are employed.

[44 FR 36874, June 22, 1979, as amended at 64 FR 56147, Oct. 18, 1999]

Sec. 3.104  Space requirements.

    (a) General. Marine mammals must be housed in primary enclosures 
that comply with the minimum space requirements prescribed by this part. 
These enclosures must be constructed and maintained so that the animals 
contained within are provided sufficient space, both horizontally and 
vertically, to be able to make normal postural and social adjustments 
with adequate freedom of movement, in or out of the water. (An exception 
to these requirements is provided in Sec. 3.110(b) for isolation or 
separation for medical treatment and/or medical training.) Enclosures 
smaller than required by the standards may be temporarily used for 
nonmedical training, breeding, holding, and transfer purposes. If 
maintenance in such enclosures for nonmedical training, breeding, or 
holding is to last longer than 2 weeks, such extension must be justified 
in writing by the attending veterinarian on a weekly basis. If 
maintenance in such enclosures for transfer is to last longer than 1 
week, such extension must be justified in writing by the attending 
veterinarian on a weekly basis. Any enclosure that does not

[[Page 96]]

meet the minimum space requirement for primary enclosures (including, 
but not limited to, medical pools or enclosures, holding pools or 
enclosures, and gated side pools smaller than the minimum space 
requirements) may not be used for permanent housing purposes. Rotating 
animals between enclosures that meet the minimum space requirements and 
enclosures that do not is not an acceptable means of complying with the 
minimum space requirements for primary enclosures.
    (b) Cetaceans. Primary enclosures housing cetaceans shall contain a 
pool of water and may consist entirely of a pool of water. In 
determining the minimum space required in a pool holding cetaceans, four 
factors must be satisfied. These are MHD, depth, volume, and surface 
area. For the purposes of this subpart, cetaceans are divided into Group 
I cetaceans and Group II cetaceans as shown in Table III in this 
section.
    (1)(i) The required minimum horizontal dimension (MHD) of a pool for 
Group I cetaceans shall be 7.32 meters (24.0 feet) or two times the 
average adult length of the longest species of Group I cetacean housed 
therein (as measured in a parallel or horizontal line, from the tip of 
its upper jaw, or from the most anterior portion of the head in bulbous 
headed animals, to the notch in the tail fluke \8\ ), whichever is 
greater; except that such MHD measurement may be reduced from the 
greater number by up to 20 percent if the amount of the reduction is 
added to the MHD at the 90-degree angle and if the minimum volume and 
surface area requirements are met based on an MHD of 7.32 meters (24.0 
feet) or two times the average adult length of the longest species of 
Group I cetacean housed therein, whichever is greater.
---------------------------------------------------------------------------

    \8\ The body length of a Monodon monoceros (narwhale) is measured 
from the tip of the upper incisor tooth to the notch in the tail fluke. 
If the upper incisor is absent or does not extend beyond the front of 
the head, then it is measured like other cetaceans, from the tip of the 
upper jaw to the notch in the tail fluke. Immature males should be 
anticipated to develop the ``tusk'' (usually left incisor tooth) 
beginning at sexual maturity.
---------------------------------------------------------------------------

    (ii) The MHD of a pool for Group II cetaceans shall be 7.32 meters 
(24.0 feet) or four times the average adult length of the longest 
species of cetacean to be housed therein (as measured in a parallel or 
horizontal line from the tip of its upper jaw, or from the most anterior 
portion of the head in bulbous headed animals, to the notch in the tail 
fluke), whichever is greater; except that such MHD measurement may be 
reduced from the greater number by up to 20 percent if the amount of the 
reduction is added to the MHD at the 90-degree angle and if the minimum 
volume and surface area requirements are met based on an MHD of 7.32 
meters (24.0 feet) or four times the average adult length of the longest 
species of Group II cetacean housed therein, whichever is greater.
    (iii) In a pool housing a mixture of Group I and Group II cetaceans, 
the MHD shall be the largest required for any cetacean housed therein.
    (iv) Once the required MHD has been satisfied, the pool size may be 
required to be adjusted to increase the surface area and volume when 
cetaceans are added. Examples of MHD and volume requirements for Group I 
cetaceans are shown in Table I, and for Group II cetaceans in Table II.

                                         Table I--Group I Cetaceans \1\
-------------------------------------------------------------------------------
---------------------------------
   Representative average        Minimum horizontal       Minimum required dept
h    Volume of water required for
       adult lengths              dimension (MHD)      ------------------------
----  each additional cetacean in
-------------------------------------------------------                        
             excess of two
                                                           Meters         Feet 
    -----------------------------
    Meters         Feet         Meters         Feet                            
     Cubic meters       feet
-------------------------------------------------------------------------------
---------------------------------
       1.68           5.5          7.32           24          1.83          6  
           8.11          284.95
       2.29           7.5          7.32           24          1.83          6  
          15.07          529.87
       2.74           9.0          7.32           24          1.83          6  
          21.57          763.02
       3.05          10.0          7.32           24          1.83          6  
          26.73          942.00
       3.51          11.5          7.32           24          1.83          6  
          35.40        1,245.79
       3.66          12.0          7.32           24          1.83          6  
          38.49        1,356.48
       4.27          14.0          8.53           28          2.13          7  
          60.97        2,154.04
       5.49          18.0         10.97           36          2.74          9  
         129.65        4,578.12

[[Page 97]]


       5.64          18.5         11.28           37          2.82          9.2
5        140.83        4,970.33
       5.79          19.0         11.58           38          2.90          9.5
0        152.64        5,384.32
       6.71          22.0         13.41           44          3.36         11  
         237.50        8,358.68
       6.86          22.5         13.72           45          3.43         11.2
5        253.42        8,941.64
       7.32          24.0         14.63           48          3.66         12  
         307.89       10,851.84
       8.53          28.0         17.07           56          4.27         14  
         487.78       17,232.32
-------------------------------------------------------------------------------
---------------------------------
\1\ All calculations are rounded off to the nearest hundredth. In converting th
e length of cetaceans from feet
  to meters, 1 foot equals .3048 meter. Due to rounding of meter figures as to 
the length of the cetacean, the
  correlation of meters to feet in subsequent calculations of MHD and additiona
l volume of water required per
  cetacean, over two, may vary slightly from a strict feet to meters ratio. Cub
ic meters is based on: 1 cubic
  foot=0.0283 cubic meter.


                                        Table II--Group II Cetaceans \1\
-------------------------------------------------------------------------------
---------------------------------
   Representative average        Minimum horizontal       Minimum required dept
h    Volume of water required for
        adult length              dimension (MHD)      ------------------------
---  each additional cetacean in
-------------------------------------------------------                        
            excess of four
                                                                               
   ------------------------------
    Meters         Feet         Meters         Feet        Meters         Feet 
     Cubic meters
                                                                               
          \1\         Cubic feet
-------------------------------------------------------------------------------
---------------------------------
       1.52           5.0          7.32           24          1.83            6
          13.28          471.00
       1.68           5.5          7.32           24          1.83            6
          16.22          569.91
       1.83           6.0          7.32           24          1.83            6
          19.24          678.24
       2.13           7.0          8.53           28          1.83            6
          26.07          923.16
       2.29           7.5          9.14           30          1.83            6
          30.13        1,059.75
       2.44           8.0          9.75           32          1.83            6
          34.21        1,205.76
       2.59           8.5         10.36           34          1.83            6
          38.55        1,361.19
       2.74           9.0         10.97           36          1.83            6
          43.14        1,526.04
-------------------------------------------------------------------------------
---------------------------------
\1\ Converting cubic feet to cubic meters is based on: 1 cubic foot=0.0283 of a
 cubic meter.


    Table III--Average Adult Lengths of Marine Mammals Maintained in
                              Captivity \1\
------------------------------------------------------------------------
                                                         Average adult
                                                            length
             Species                  Common name    -------------------
                                                         In
                                                       meters    In feet
------------------------------------------------------------------------
Group I Cetaceans:
    Balaenoptera acutorostrata..  Minke whale.......      8.50      27.9
    Cephalorhynchus commersonii.  Commerson's             1.52       5.0
                                   dolphin.
    Delphinapterus leucas.......  Beluga whale......      4.27      14.0
    Monodon monoceros...........  Narwhale..........      3.96      13.0
    Globicephala melaena........  Long-finned pilot       5.79      19.0
                                   whale.
    Globicephala macrorhynchus..  Short-finned pilot      5.49      18.0
                                   whale.
    Grampus griseus.............  Risso's dolphin...      3.66      12.0
    Orcinus orca................  Killer whale......      7.32      24.0
    Pseudorca carassidens.......  False killer whale      4.35      14.3
    Tursiops truncatus            Bottlenose dolphin      2.74       9.0
     (Atlantic).
    Tursiops truncatus (Pacific)  Bottlenose dolphin      3.05      10.0
    Inia geoffrensis............  Amazon porpoise...      2.44       8.0
    Phocoena phocoena...........  Harbor porpoise...      1.68       5.5
    Pontoporia blainvillei......  Franciscana.......      1.52       5.0
    Sotalia fluviatilis.........  Tucuxi............      1.68       5.5
    Platanista, all species.....  River dolphin.....      2.44       8.0
Group II Cetaceans:
    Delphinus delphis...........  Common dolphin....      2.59       8.5
    Feresa attenuata............  Pygmy killer whale      2.44       8.0
    Kogia breviceps.............  Pygmy sperm whale.      3.96      13.0
    Kogia simus.................  Dwarf sperm whale.      2.90       9.5
    Lagenorhynchus acutus.......  Atlantic white-         2.90       9.5
                                   sided dolphin.
    Lagenorhynchus cruciger.....  Hourglass dolphin.      1.70       5.6
    Lagenorhynchus obliquidens..  Pacific white-          2.29       7.5
                                   sided dolphin.
    Lagenorhynchus albirostris..  White-beaked            2.74       9.0
                                   dolphin.
    Lagenorhynchus obscurus.....  Duskey dolphin....      2.13       7.0
    Lissodelphis borealis.......  Northern right          2.74       9.0
                                   whale dolphin.
    Neophocaena phocaenoides....  Finless porpoise..      1.83       6.0
    Peponocephala electra.......  Melon-headed whale      2.74       9.0
    Phocoenoides dalli..........  Dall's porpoise...      2.00       6.5

[[Page 98]]


    Stenella longirostris.......  Spinner dolphin...      2.13       7.0
    Stenella coeruleoalba.......  Striped dolphin...      2.29       7.5
    Stenella attenuata..........  Spotted dolphin...      2.29       7.5
    Stenella plagiodon..........  Spotted dolphin...      2.29       7.5
    Steno bredanensis...........  Rough-toothed           2.44       8.0
                                   dolphin.
------------------------------------------------------------------------
\1\ This table contains the species of marine mammals known by the
  Department to be presently in captivity or that are likely to become
  captive in the future. Anyone who is subject to the Animal Welfare Act
  having species of marine mammals in captivity which are not included
  in this table should consult the Deputy Administrator with regard to
  the average adult length of such animals.


-------------------------------------------------------------------------------
---------------------------------
                                                                               
    Average adult length
                                                                         ------
---------------------------------
                  Species                            Common name               
In meters            In feet
                                                                         ------
---------------------------------
                                                                            Mal
e     Female     Male     Female
-------------------------------------------------------------------------------
---------------------------------
Group I Pinnipeds:
    Arctocephalus gazella**...............  Antarctic Fur Seal..........      1
.80      1.20      5.9       3.9
    Arctocephalus tropicalis**............  Amsterdam Island Fur Seal...      1
.80      1.45      5.9       4.75
    Arctocephalus australis**.............  South American Fur Seal.....      1
.88      1.42      6.2       4.7
    Arctocephalus pusillis**..............  Cape Fur Seal...............      2
.73      1.83      8.96      6.0
    Callorhinus ursinus**.................  Northern Fur Seal...........      2
.20      1.45      7.2       4.75
    Eumetopias jubatus**..................  Steller's Sea Lion..........      2
.86      2.40      9.4       7.9
    Hydrurga leptonyx.....................  Leopard Seal................      2
.90      3.30      9.5      10.8
    Mirounga angustirostris**.............  Northern Elephant Seal......      3
.96      2.49     13.0       8.2
    Mirounga leonina**....................  Southern Elephant Seal......      4
.67      2.50     15.3       8.2
    Odobenus rosmarus**...................  Walrus......................      3
.15      2.60     10.3       8.5
    Otaria flavescens**...................  South American Sea Lion.....      2
.40      2.00      7.9       6.6
    Phoca caspica.........................  Caspian Seal................      1
.45      1.40      4.75      4.6
    Phoca fasciata........................  Ribbon Seal.................      1
.75      1.68      5.7       5.5
    Phoca larga...........................  Harbor Seal.................      1
.70      1.50      5.6       4.9
    Phoca vitulina........................  Habor Seal..................      1
.70      1.50      5.6       4.9
    Zalophus californianus................  California Sea Lion.........      2
.24      1.75      7.3       5.7
    Halichoerus grypus**..................  Grar Seal...................      2
.30      1.95      7.5       6.4
    Phoca sibirica........................  Baikal Seal.................      1
.70      1.85      5.6       6.1
    Phoca groenlandica....................  Harp Seal...................      1
.85      1.85      6.1       6.1
    Leptonychotes weddelli**..............  Weddell Seal................      2
.90      3.15      9.5      10.3
    Lobodon carcinophagus**...............  Crabeater Seal..............      2
.21      2.21      7.3       7.3
    Ommatophoca rossi**...................  Ross Seal...................      1
.99      2.13      6.5       7.0
Group II Pinnipeds:
    Erignathus barbatus...................  Bearded Seal................      2
.33      2.33      7.6       7.6
    Phoca hispida.........................  Ringed Seal.................      1
.35      1.30      4.4       4.3
    Cystophora cristata...................  Hooded Seal.................      2
.60      2.00      8.5       6.6
-------------------------------------------------------------------------------
---------------------------------
Note.--** Any Group I animals maintained together will be considered as Group I
I when the animals maintained
  together include two or more sexually mature males from species marked with a
 double asterisk (**) regardless
  of whether the sexually mature males from the same species.


------------------------------------------------------------------------
                                                         Average adult
                                                            length
             Species                  Common name    -------------------
                                                         In
                                                       meters    In feet
------------------------------------------------------------------------
Sirenia:
    Dugong dugong...............  Dugong............      3.35      11.0
    Trichechus manatus..........  West Indian             3.51      11.5
                                   Manatee.
    Trichechus inunguis.........  Amazon Manatee....      2.44       8.0
Mustelidae:
    Enhydra lutris..............  Sea Otter.........      1.25       4.1
------------------------------------------------------------------------

    (2) The minimum depth requirement for primary enclosure pools for 
all cetaceans shall be one-half the average adult length of the longest 
species to be housed therein, regardless of Group I or Group II 
classification, or 1.83 meters (6.0 feet), whichever is greater, and can 
be expressed as d=L/2 or 6 feet, whichever is greater. Those parts of 
the primary enclosure pool which do

[[Page 99]]

not meet the minimum depth requirement cannot be included when 
calculating space requirements for cetaceans.
    (3) Pool volume. A pool of water housing cetaceans which satisfies 
the MHD and which meets the minimum depth requirement, will have 
sufficient volume and surface area to hold up to two Group I cetaceans 
or up to four Group II cetaceans. If additional cetaceans are to be 
added to the pool, the volume as well as the surface area may have to be 
adjusted to allow for additional space necessary for such cetaceans. See 
Tables I, II, and IV for volumes and surface area requirements. The 
additional volume needed shall be based on the number and kind of 
cetaceans housed therein and shall be determined in the following 
manner.
    (i) The minimum volume of water required for up to two Group I 
cetaceans is based upon the following formula:
[GRAPHIC] [TIFF OMITTED] TC14NO91.010


When there are more than two Group I cetaceans housed in a primary 
enclosure pool, the additional volume of water required for each 
additional Group I cetacean in excess of two is based on the following 
formula:
[GRAPHIC] [TIFF OMITTED] TC14NO91.011


See Table I for required volumes.
    (ii) The minimum volume of water required for up to four Group II 
cetaceans is based upon the following formula:
[GRAPHIC] [TIFF OMITTED] TC14NO91.012


When there are more than four Group II cetaceans housed in a primary 
enclosure pool, the additional volume of water required for each 
additional Group II cetacean in excess of four is based on the following 
formula:

Volume = (Average Adult Length)\2\  x  3.14  x  depth


See Table II for required volumes.

    (iii) When a mixture of both Group I and Group II cetaceans are 
housed together, the MHD must be satisfied as stated in 
Sec. 3.104(b)(1), and the minimum depth must be satisfied as stated in 
Sec. 3.104(b)(2). Based on these figures, the resulting volume must then 
be calculated
[GRAPHIC] [TIFF OMITTED] TC14NO91.013


Then the volume necessary for the cetaceans to be housed in the pool 
must be calculated (by obtaining the sum of the volumes required for 
each animal). If this volume is greater than that obtained by using the 
MHD and depth figures, then the additional volume required may be added 
by enlarging the pool in its lateral dimensions or by increasing its 
depth, or both. The minimum surface area requirements discussed next 
must also be satisfied.
    (4)(i) The minimum surface area requirements for each cetacean 
housed in a pool, regardless of Group I or Group II classification, are 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC14NO91.014


[[Page 100]]



In a pool containing more than two Group I cetaceans or more than four 
Group II cetaceans,\9\ the additional surface area which may be required 
when animals are added must be calculated for each such animal.
---------------------------------------------------------------------------

    \9\ A pool containing up to two Group I cetaceans or up to four 
Group II cetaceans which meets the required MHD and depth will have the 
necessary surface area and volume required for the animals contained 
therein.
---------------------------------------------------------------------------

    (ii) When a mixture of Group I and Group II cetaceans are to be 
housed in a pool, the required MHD, depth, and volume must be met. Then 
the required surface area must be determined for each animal in the 
pool. The sum of these surface areas must then be compared to the 
surface area which is obtained by a computation based on the required 
MHD of the pool.\10\ The larger of the two figures represents the 
surface area which is required for a pool housing a mixture of Group I 
and Group II cetaceans. Pool surfaces where the depth does not meet the 
minimum requirements cannot be used in determining the required surface 
area.
---------------------------------------------------------------------------

    \10\ Since the MHD represents the diameter of a circle, the surface 
area based on the MHD is calculated by use of the following formula:
    SA = <greek-p>  x  (MHD / 2)\2\.
---------------------------------------------------------------------------

    (iii) Surface area requirements are given in Table IV.

        Table IV--Minimum Surface Area Required for Each Cetacean
------------------------------------------------------------------------
    Average adult length of each        Surface area required for each
              cetacean                             cetacean
------------------------------------------------------------------------
      Meters              Feet         Sq. meters \1\       Sq. feet
------------------------------------------------------------------------
          1.68                5.5              3.31             33.62
          2.13                7.0              5.36             57.70
          2.29                7.5              6.15             66.23
          2.59                8.5              7.90             85.07
          2.74                9.0              8.86             95.38
          3.05               10.0             10.94            117.75
          3.51               11.5             14.47            155.72
          3.66               12.0             15.75            169.56
          4.27               14.0             21.44            230.79
          5.49               18.0             35.44            381.51
          5.64               18.5             37.43            403.00
          5.79               19.0             39.49            425.08
          6.71               22.0             52.94            569.91
          6.86               22.5             55.38            596.11
          7.32               24.0             63.01            678.24
          8.53               28.0             85.76            923.16
------------------------------------------------------------------------
\1\ Square meter=square feet/9 x 0.8361.

    (c) Sirenians. Primary enclosures housing sirenians shall contain a 
pool of water and may consist entirely of a pool of water.
    (1) The required MHD of a primary enclosure pool for sirenians shall 
be two times the average adult length of the longest species of sirenian 
to be housed therein. Calculations shall be based on the average adult 
length of such sirenians as measured in a horizontal line from the tip 
of the muzzle to the notch in the tail fluke of dugongs and from the tip 
of the muzzle to the most distal point in the rounded tail of the 
manatee.
    (2) The minimum depth requirements for primary enclosure pools for 
all sirenians shall be one-half the average adult length of the longest 
species to be housed therein, or 1.52 meters (5.0 feet), whichever is 
greater. Those parts of the primary enclosure pool which do not meet the 
minimum depth requirements cannot be included when calculating space 
requirements for sirenians.
    (3) A pool which satisfies the required MHD and depth shall be 
adequate for one or two sirenians. Volume and surface area requirements 
for additional animals shall be calculated using the same formula as for 
Group I cetaceans, except that the figure for depth requirement for 
sirenians shall be one-half the average adult length or 1.52 meters (5.0 
feet), whichever is greater.
    (d) Pinnipeds. (1) Primary enclosures housing pinnipeds shall 
contain a pool of water and a dry resting or social activity area that 
must be close enough to the surface of the water to allow easy access 
for entering or leaving the pool. For the purposes of this subpart, 
pinnipeds have been divided into Group I pinnipeds and Group II 
pinnipeds as shown in Table III in this section. In certain instances 
some Group I pinnipeds shall be considered as Group II pinnipeds. (See 
Table III).
    (2) The minimum size of the dry resting or social activity area of 
the primary enclosure for pinnipeds (exclusive of the pool of water) 
shall be based on the average adult length of each pinniped contained 
therein, as measured in a horizontal or extended position in a straight 
line from the tip of

[[Page 101]]

its nose to the tip of its tail. The minimum size of the dry resting or 
social activity area shall be computed using the following methods:
    (i) Group I pinnipeds. Square the average adult length of each 
pinniped to be contained in the primary enclosure. Add the figures 
obtained for each of the pinnipeds in the primary enclosure to determine 
the dry resting or social activity area required for such pinnipeds. If 
only a single Group I pinniped is maintained in the primary enclosure, 
the minimum dry resting or social activity area shall be twice the 
square of the average adult length of that single Group I pinniped. 
Examples:
(average adult length)\2\ of 1st Group I pinniped+(average adult 
          length)\2\ of 2nd Group I pinniped=Total DRA for two pinnipeds
    DRA for one pinniped=2 x (average adult length of Group I 
pinniped)\2\
    (ii) Group II pinnipeds. List all pinnipeds contained in a primary 
enclosure by average adult length in descending order from the longest 
species of pinniped to the shortest species of pinniped. Square the 
average adult length of each pinniped. Multiply the average adult length 
squared of the longest pinniped by 1.5, the second longest by 1.4, the 
third longest by 1.3, the fourth longest by 1.2, and the fifth longest 
by 1.1, as indicated in the following example. Square the average adult 
length of the sixth pinniped and each additional pinniped. Add the 
figures obtained for all the pinnipeds in the primary enclosure to 
determine the required minimum dry resting or social activity area 
required for such pinnipeds. If only a single Group II pinniped is 
maintained in the primary enclosure, the minimum dry resting or social 
activity area must be computed for a minimum of two pinnipeds.

Examples: DRA for 1 Group II Pinniped = [(Average adult length)\2\  x  
1.5] + [(Average adult length)\2\  x  1.4]

1st pinniped (avg. adult length)\2\ x 1.5=social and DRA required
2nd pinniped (avg. adult length)\2\ x 1.4=social and DRA required
3rd pinniped (avg. adult length)\1\ x 1.3=social and DRA required
4th pinniped (avg. adult length)\2\ x 1.2=social and DRA required
5th pinniped (avg. adult length)\2\ x 1.1=social and DRA required
Each pinniped over 5 (avg. adult length)\2\=social and DRA required
------------------------------------------------------------------------
    Total minimum social activity and dry resting area required for all
     pinnipeds housed in a primary enclosure.



If all the pinnipeds in the primary enclosure are of the same species, 
the same descending order of calculation shall apply. Example: Hooded 
seal--average adult length of male=8.5 feet and female=6.6 feet. In a 
primary enclosure containing 2 males and 2 females, the social or DRA 
required would be the sum of [(8.5)\2\ x 1.5] + [(8.5)\2\ x 1.4] 
+[(6.6)\2\ x 1.3] + [(6.6)\2\ x 1.2].

If two or more sexually mature males are maintained together in a 
primary enclosure, the dry resting or social activity area shall be 
divided into two or more separate areas with sufficient visual barriers 
(such as fences, rocks, or foliage) to provide relief from aggressive 
animals.
    (iii) Mixture of Group I and Group II pinnipeds. In a primary 
enclosure where a mixture of Group I and Group II pinnipeds is to be 
housed, the dry resting or social activity area shall be calculated as 
for Group II pinnipeds. The dry resting or social activity area shall be 
divided into two or more separate areas with sufficient visual barriers 
(such as fences, rocks, or foliage) to provide relief from aggressive 
animals.
    (3)(i) The minimum surface area of a pool of water for pinnipeds 
shall be at least equal to the dry resting or social activity area 
required.
    (ii) The MHD of the pool shall be at least one and one-half (1.5) 
times the average adult length of the largest species of pinniped to be 
housed in the enclosure; except that such MHD measurement may be reduced 
by up to 20 percent if the amount of the reduction is added to the MHD 
at the 90-degree angle.
    (iii) The pool of water shall be at least 0.91 meters (3.0 feet) 
deep or one-half the average adult length of the longest species of 
pinniped contained therein, whichever is greater. Parts of the pool that 
do not meet the minimum depth requirement cannot be used in the 
calculation of the dry resting and social activity area, or as part of 
the MHD or required surface area of the pool.

[[Page 102]]

    (e) Polar bears. Primary enclosures housing polar bears shall 
consist of a pool of water, a dry resting and social activity area, and 
a den. A minimum of 37.16 square meters (400 square feet) of dry resting 
and social activity area shall be provided for up to two polar bears, 
with an additional 3.72 square meters (40 square feet) of dry resting 
and social activity area for each additional polar bear. The dry resting 
and social activity area shall be provided with enough shade to 
accommodate all of the polar bears housed in such primary enclosure at 
the same time. The pool of water shall have an MHD of not less than 2.44 
meters (8.0 feet) and a surface area of at least 8.93 square meters 
(96.0 square feet) with a minimum depth of 1.52 meters (5.0 feet) with 
the exception of any entry and exit area. This size pool shall be 
adequate for two polar bears. For each additional bear, the surface area 
of the pool must be increased by 3.72 square meters (40 square feet). In 
measuring this additional surface area, parts of the pool which do not 
meet minimum depth cannot be considered. The den shall be at least 1.83 
meters (6 feet) in width and depth and not less than 1.52 meters (5 
feet) in height. It will be so positioned that the viewing public shall 
not be visible from the interior of the den. A separate den shall be 
provided for each adult female of breeding age which is permanently 
housed in the same primary enclosure with an adult male of breeding age. 
Female polar bears in traveling acts or shows must be provided a den 
when pregnancy has been determined.
    (f) Sea otters. (1) Primary enclosures for sea otters shall consist 
of a pool of water and a dry resting area. The MHD of the pool of water 
for sea otters shall be at least three times the average adult length of 
the sea otter contained therein (measured in a horizontal line from the 
tip of its nose to the tip of its tail) and the pool shall be not less 
than .91 meters (3.0 feet) deep. When more than two sea otters are 
housed in the same primary enclosure, additional dry resting area as 
well as pool volume is required to accommodate the additional sea 
otters. (See Table V).
    (2) The minimum volume of water required for a primary enclosure 
pool for sea otters shall be based on the sea otter's average adult 
length. The minimum volume of water required in the pool shall be 
computed using the following method: Multiply the square of the sea 
otter's average adult length by 3.14 and then multiply the total by 0.91 
meters (3.0 feet). This volume is satisfactory for one or two otters. To 
calculate the additional volume of water for each additional sea otter 
above two in a primary enclosure, multiply one-half of the square of the 
sea otter's average adult length by 3.14, then multiply by 0.91 meters 
(3.0 feet). (See Table V).
    (3) The minimum dry resting area required for one or two sea otters 
shall be based on the sea otter's average adult length. The minimum dry 
resting area for one or two sea otters shall be computed using the 
following method: Square the average adult length of the sea otter and 
multiply the total by 3.14. When the enclosure is to contain more than 
two sea otters, the dry resting area for each additional animal shall be 
computed by multiplying one-half of the sea otter's average adult length 
by 3.14. Using 1.25 meters or 4.1 feet (the average adult length of a 
sea otter), the calculations for additional space will result in the 
following figures:

Table V--Additional Space Required for Each Sea Otter When More Than Two
                         in a Primary Enclosure
------------------------------------------------------------------------
Average adult length of       Resting area             Pool Volume
       sea otter        ------------------------------------------------
------------------------   Square      Square       Cubic
   Meters       Feet       meters       Feet       meters     Cubic feet
------------------------------------------------------------------------
      1.25         4.1        1.96        6.44        2.23        79.17
------------------------------------------------------------------------

[44 FR 36874, June 22, 1979, as amended at 45 FR 63261, Sept. 24, 1980; 
49 FR 26682, 26685, June 28, 1984; 49 FR 27922, July 9, 1984; 63 FR 2, 
Jan. 2, 1998; 63 FR 47148, Sept. 4, 1998; 66 FR 252, Jan. 3, 2001]

[[Page 103]]

                  Animal Health and Husbandry Standards

Sec. 3.105  Feeding.

    (a) The food for marine mammals must be wholesome, palatable, and 
free from contamination and must be of sufficient quantity and nutritive 
value to maintain marine mammals in a state of good health. The diet 
must be prepared with consideration for factors such as age, species, 
condition, and size of the marine mammal being fed. Marine mammals must 
be offered food at least once a day, except as directed by the attending 
veterinarian.
    (b) Food receptacles, if used, must be located so as to be 
accessible to all marine mammals in the same primary enclosure and must 
be placed so as to minimize contamination of the food they contain. Such 
food receptacles must be cleaned and sanitized after each use.
    (c) Food, when given to each marine mammal individually, must be 
given by an employee or attendant responsible to management who has the 
necessary knowledge to assure that each marine mammal receives an 
adequate quantity of food to maintain it in good health. Such employee 
or attendant is required to have the ability to recognize deviations 
from a normal state of good health in each marine mammal so that the 
food intake can be adjusted accordingly. Inappetence exceeding 24 hours 
must be reported immediately to the attending veterinarian. Public 
feeding may be permitted only in the presence and under the supervision 
of a sufficient number of knowledgeable, uniformed employees or 
attendants. Such employees or attendants must assure that the marine 
mammals are receiving the proper amount and type of food. Only food 
supplied by the facility where the marine mammals are kept may be fed to 
the marine mammals by the public. Marine mammal feeding records noting 
the estimated individual daily consumption must be maintained at the 
facility for a period of 1 year and must be made available for APHIS 
inspection. For marine mammals that are individually fed and not subject 
to public feeding, the feeding records should reflect an accurate 
account of food intake; for animals fed, in part, by the public, and for 
large, group-fed colonies of marine mammals where individual rations are 
not practical or feasible to maintain, the daily food consumption should 
be estimated as precisely as possible.
    (d) Food preparation and handling must be conducted so as to assure 
the wholesomeness and nutritive value of the food. Frozen fish or other 
frozen food must be stored in freezers that are maintained at a maximum 
temperature of -18  deg.C (0  deg.F). The length of time food is stored 
and the method of storage, the thawing of frozen food, and the 
maintenance of thawed food must be conducted in a manner that will 
minimize contamination and that will assure that the food retains 
nutritive value and wholesome quality until the time of feeding. When 
food is thawed in standing or running water, cold water must be used. 
All foods must be fed to the marine mammals within 24 hours following 
the removal of such foods from the freezers for thawing, or if the food 
has been thawed under refrigeration, it must be fed to the marine 
mammals within 24 hours of thawing.

[66 FR 252, Jan. 3, 2001]

Sec. 3.106  Water quality.

    (a) General. The primary enclosure shall not contain water which 
would be detrimental to the health of the marine mammal contained 
therein.
    (b) Bacterial standards. (1) The coliform bacteria count of the 
primary enclosure pool shall not exceed 1,000 MPN (most probable number) 
per 100 ml. of water. Should a coliform bacterial count exceed 1,000 
MPN, two subsequent samples may be taken at 48-hour intervals and 
averaged with the first sample. If such average count does not fall 
below 1,000 MPN, then the water in the pool shall be deemed 
unsatisfactory, and the condition must be corrected immediately.
    (2) When the water is chemically treated, the chemicals shall be 
added so as not to cause harm or discomfort to the marine mammals.
    (3) Water samples shall be taken and tested at least weekly for 
coliform count and at least daily for pH and any chemical additives 
(e.g. chlorine and copper) that are added to the water to

[[Page 104]]

maintain water quality standards. Facilities using natural seawater 
shall be exempt from pH and chemical testing unless chemicals are added 
to maintain water quality. However, they are required to test for 
coliforms. Records must be kept documenting the time when all such 
samples were taken and the results of the sampling. Records of all such 
test results shall be maintained by management for a 1-year period and 
must be made available for inspection purposes on request.
    (c) Salinity. Primary enclosure pools of water shall be salinized 
for marine cetaceans as well as for those other marine mammals which 
require salinized water for their good health and well-being. The 
salinity of the water in such pools shall be maintained within a range 
of 15-36 parts per thousand.
    (d) Filtration and water flow. Water quality must be maintained by 
filtration, chemical treatment, or other means so as to comply with the 
water quality standards specified in this section.

Sec. 3.107  Sanitation.

    (a) Primary enclosures. (1) Animal and food waste in areas other 
than the pool of water must be removed from the primary enclosures at 
least daily, and more often when necessary, in order to provide a clean 
environment and minimize health and disease hazards.
    (2) Particulate animal and food waste, trash, or debris that enters 
the primary enclosure pools of water must be removed at least daily, or 
as often as necessary, to maintain the required water quality and to 
minimize health and disease hazards to the marine mammals.
    (3) The wall and bottom surfaces of the primary enclosure pools of 
water must be cleaned as often as necessary to maintain proper water 
quality. Natural organisms (such as algae, coelenterates, or molluscs, 
for example) that do not degrade water quality as defined in Sec. 3.106, 
prevent proper maintenance, or pose a health or disease hazard to the 
animals are not considered contaminants.
    (b) Food preparation. Equipment and utensils used in food 
preparation must be cleaned and sanitized after each use. Kitchens and 
other food handling areas where animal food is prepared must be cleaned 
at least once daily and sanitized at least once every week. Sanitizing 
must be accomplished by washing with hot water (8  deg.C, 180  deg.F, or 
higher) and soap or detergent in a mechanical dishwasher, or by washing 
all soiled surfaces with a detergent solution followed by a safe and 
effective disinfectant, or by cleaning all soiled surfaces with live 
steam. Substances such as cleansing and sanitizing agents, pesticides, 
and other potentially toxic agents must be stored in properly labeled 
containers in secured cabinets designed and located to prevent 
contamination of food storage preparation surfaces.
    (c) Housekeeping. Buildings and grounds, as well as exhibit areas, 
must be kept clean and in good repair. Fences must be maintained in good 
repair. Primary enclosures housing marine mammals must not have any 
loose objects or sharp projections and/or edges which may cause injury 
or trauma to the marine mammals contained therein.
    (d) Pest control. A safe and effective program for the control of 
insects, ectoparasites, and avian and mammalian pests must be 
established and maintained. Insecticides or other such chemical agents 
must not be applied in primary enclosures housing marine mammals except 
when deemed essential by an attending veterinarian.

[66 FR 253, Jan. 3, 2001]

Sec. 3.108  Employees or attendants.

    (a) A sufficient number of adequately trained employees or 
attendants, responsible to management and working in concert with the 
attending veterinarian, must be utilized to maintain the prescribed 
level of husbandry practices set forth in this subpart. Such practices 
must be conducted under the supervision of a marine mammal caretaker who 
has demonstrable experience in marine mammal husbandry and care.
    (b) The facility will provide and document participation in and 
successful completion of a facility training course for such employees. 
This training course will include, but is not limited

[[Page 105]]

to, species appropriate husbandry techniques, animal handling 
techniques, and information on proper reporting protocols, such as 
recordkeeping and notification of veterinary staff for medical concerns.
    (c) Any training of marine mammals must be done by or under the 
direct supervision of experienced trainers.
    (d) Trainers and handlers must meet professionally recognized 
standards for experience and training.

[66 FR 253, Jan. 3, 2001]

Sec. 3.109  Separation.

    Marine mammals, whenever known to be primarily social in the wild, 
must be housed in their primary enclosure with at least one compatible 
animal of the same or biologically related species, except when the 
attending veterinarian, in consultation with the husbandry/training 
staff, determines that such housing is not in the best interest of the 
marine mammal's health or well-being. However, marine mammals that are 
not compatible must not be housed in the same enclosure. Marine mammals 
must not be housed near other animals that cause them unreasonable 
stress or discomfort or interfere with their good health. Animals housed 
separately must have a written plan, approved by the attending 
veterinarian, developed in consultation with the husbandry/training 
staff, that includes the justification for the length of time the animal 
will be kept separated or isolated, information on the type and 
frequency of enrichment and interaction, if appropriate, and provisions 
for periodic review of the plan by the attending veterinarian. Marine 
mammals that are separated for nonmedical purposes must be held in 
facilities that meet minimum space requirements as outlined in 
Sec. 3.104.

[66 FR 253, Jan. 3, 2001]

Sec. 3.110  Veterinary care.

    (a) Newly acquired marine mammals must be isolated from resident 
marine mammals. Animals with a known medical history must be isolated 
unless or until the newly acquired animals can be reasonably determined 
to be in good health by the attending veterinarian. Animals without a 
known medical history must be isolated until it is determined that the 
newly acquired animals are determined to be in good health by the 
attending veterinarian. Any communicable disease condition in a newly 
acquired marine mammal must be remedied before it is placed with 
resident marine mammals, unless, in the judgment of the attending 
veterinarian, the potential benefits of a resident animal as a companion 
to the newly acquired animal outweigh the risks to the resident animal.
    (b) Holding facilities must be in place and available to meet the 
needs for isolation, separation, medical treatment, and medical training 
of marine mammals. Marine mammals that are isolated or separated for 
nonmedical purposes must be held in facilities that meet minimum space 
requirements as outlined in Sec. 3.104. Holding facilities used only for 
medical treatment and medical training need not meet the minimum space 
requirements as outlined in Sec. 3.104. Holding of a marine mammal in a 
medical treatment or medical training enclosure that does not meet 
minimum space requirements for periods longer than 2 weeks must be noted 
in the animal's medical record and the attending veterinarian must 
provide a justification in the animal's medical record. If holding in 
such enclosures for medical treatment and/or medical training is to last 
longer than 2 weeks, such extension must be justified in writing by the 
attending veterinarian on a weekly basis. In natural lagoon or coastal 
enclosures where isolation cannot be accomplished, since water 
circulation cannot be controlled or isolated, separation of newly 
acquired marine mammals must be accomplished using separate enclosures 
situated within the facility to prevent direct contact and to minimize 
the risk of potential airborne and water cross-contamination between 
newly acquired and resident animals.
    (c) Any holding facility used for medical purposes that has 
contained a marine mammal with an infectious or contagious disease must 
be cleaned and/or sanitized in a manner prescribed by the attending 
veterinarian. No healthy animals may be introduced into this holding 
facility prior to such cleaning and/or sanitizing procedures.

[[Page 106]]

Any marine mammal exposed to a contagious animal must be evaluated by 
the attending veterinarian and monitored and/or isolated for an 
appropriate period of time as determined by the attending veterinarian.
    (d) Individual animal medical records must be kept and made 
available for APHIS inspection. These medical records must include at 
least the following information:
    (1) Animal identification/name, a physical description, including 
any identifying markings, scars, etc., age, and sex; and
    (2) Physical examination information, including but not limited to 
length, weight, physical examination results by body system, 
identification of all medical and physical problems with proposed plan 
of action, all diagnostic test results, and documentation of treatment.
    (e) A copy of the individual animal medical record must accompany 
any marine mammal upon its transfer to another facility, including 
contract or satellite facilities.
    (f) All marine mammals must be visually examined by the attending 
veterinarian at least semiannually and must be physically examined under 
the supervision of and when determined to be necessary by the attending 
veterinarian. All cetaceans and sirenians must be physically examined by 
the attending veterinarian at least annually, unless APHIS grants an 
exception from this requirement based on considerations related to the 
health and safety of the cetacean or sirenian. These examinations must 
include, but are not limited to, a hands-on physical examination, 
hematology and blood chemistry, and other diagnostic tests as determined 
by the attending veterinarian.
    (g)(1) A complete necropsy, including histopathology samples, 
microbiological cultures, and other testing as appropriate, must be 
conducted by or under the supervision of the attending veterinarian on 
all marine mammals that die in captivity. A preliminary necropsy report 
must be prepared by the veterinarian listing all pathologic lesions 
observed. The final necropsy report must include all gross and 
histopathological findings, the results of all laboratory tests 
performed, and a pathological diagnosis.
    (2) Necropsy records will be maintained at the marine mammal's home 
facility and at the facility at which it died, if different, for a 
period of 3 years and must be presented to APHIS inspectors when 
requested.

[66 FR 253, Jan. 3, 2001]

Sec. 3.111  Swim-with-the-dolphin programs.

    Swim-with-the-dolphin programs shall comply with the requirements in 
this section, as well as with all other applicable requirements of the 
regulations pertaining to marine mammals.
    (a) Space requirements. The primary enclosure for SWTD cetaceans 
shall contain an interactive area, a buffer area, and a sanctuary area. 
None of these areas shall be made uninviting to the animals. Movement of 
cetaceans into the buffer or sanctuary area shall not be restricted in 
any way. Notwithstanding the space requirements set forth in Sec. 3.104, 
each of the three areas required for SWTD programs shall meet the 
following space requirements:
    (1) The horizontal dimension for each area must be at least three 
times the average adult body length of the species of cetacean used in 
the program;
    (2) The minimum surface area required for each area is calculated as 
follows:
    (i) Up to two cetaceans:
    [GRAPHIC] [TIFF OMITTED] TR04SE98.022
    

[[Page 107]]


    (ii) Three cetaceans:
    [GRAPHIC] [TIFF OMITTED] TR04SE98.023
    
    (iii) Additional SA for each animal in excess of three:
    [GRAPHIC] [TIFF OMITTED] TR04SE98.024
    
    (3) The average depth for sea pens, lagoons, and similar natural 
enclosures at low tide shall be at least 9 feet. The average depth for 
any manmade enclosure or other structure not subject to tidal action 
shall be at least 9 feet. A portion of each area may be excluded when 
calculating the average depth, but the excluded portion may not be used 
in calculating whether the interactive, buffer, and sanctuary area meet 
the requirements of paragraphs (a)(1), (a)(2), and (a)(4) of this 
section.
    (4) The minimum volume required for each animal is calculated as 
follows:

    Volume = SA  x  9

    (b) Water clarity. Sufficient water clarity shall be maintained so 
that attendants are able to observe cetaceans and humans at all times 
while within the interactive area. If water clarity does not allow these 
observations, the interactive sessions shall be canceled until the 
required clarity is provided.
    (c) Employees and attendants. Each SWTD program shall have, at the 
minimum, the following personnel, with the following minimum backgrounds 
(each position shall be held by a separate individual, with a sufficient 
number of attendants to comply with Sec. 3.111(e)(4)):
    (1) Licensee or manager--at least one full-time staff member with at 
least 6 years experience in a professional or managerial position 
dealing with captive cetaceans;
    (2) Head trainer/behaviorist--at least one full-time staff member 
with at least 6 years experience in training cetaceans for SWTD 
behaviors in the past 10 years, or an equivalent amount of experience 
involving in-water training of cetaceans, who serves as the head trainer 
for the SWTD program;
    (3) Trainer/supervising attendant--at least one full-time staff 
member with at least 3 years training and/or handling experience 
involving human/cetacean interaction programs;
    (4) Attendant--an adequate number of staff members who are 
adequately trained in the care, behavior, and training of the program 
animals. Attendants shall be designated by the trainer, in consultation 
with the head trainer/behaviorist and licensee/manager, to conduct and 
monitor interactive sessions in accordance with Sec. 3.111(e); and
    (5) Attending veterinarian--at least one staff or consultant 
veterinarian who has at least the equivalent of 2 years full-time 
experience (4,160 or more hours) with cetacean medicine within the past 
10 years, and who is licensed to practice veterinary medicine.
    (d) Program animals. Only cetaceans that meet the requirements of 
Sec. 3.111(e)(2) and (3) may be used in SWTD programs.
    (e) Handling. (1) Interaction time (i.e., designated interactive 
swim sessions) for each cetacean shall not exceed 2 hours per day. Each 
program cetacean shall have at least one period in each 24 hours of at 
least 10 continuous hours without public interaction.
    (2) All cetaceans used in an interactive session shall be adequately 
trained and conditioned in human interaction so that they respond in the 
session to the attendants with appropriate behavior for safe 
interaction. The head trainer/behaviorist, trainer/supervising 
attendant, or attendant shall, at all times, control the nature and 
extent of the cetacean interaction with the public during a session, 
using the trained responses of the program animal.
    (3) All cetaceans used in interactive sessions shall be in good 
health, including, but not limited to, not being infectious. Cetaceans 
undergoing veterinary treatment may be used in interactive sessions only 
with the approval of the attending veterinarian.
    (4) The ratio of human participants to cetaceans shall not exceed 
3:1. The ratio of human participants to attendants or other authorized 
SWTD personnel (i.e., head trainer/behaviorist or trainer/supervising 
attendant) shall not exceed 3:1.

[[Page 108]]

    (5) Prior to participating in an SWTD interactive session, members 
of the public shall be provided with oral and written rules and 
instructions for the session, to include the telephone and FAX numbers 
for APHIS, Animal Care, for reporting injuries or complaints. Members of 
the public shall agree, in writing, to abide by the rules and 
instructions before being allowed to participate in the session. Any 
participant who fails to follow the rules or instructions shall be 
removed from the session by the facility.
    (6) All interactive sessions shall have at least two attendants or 
other authorized SWTD personnel (i.e., head trainer/behaviorist or 
trainer/supervising attendant). At least one attendant shall be 
positioned out of the water. One or more attendants or other authorized 
SWTD personnel may be positioned in the water. If a facility has more 
than two incidents during interactive sessions within a year's time span 
that have been dangerous or harmful to either a cetacean or a human, 
APHIS, in consultation with the head trainer/behaviorist, will determine 
if changes in attendant positions are needed.
    (7) All SWTD programs shall limit interaction between cetaceans and 
humans so that the interaction does not harm the cetaceans, does not 
remove the element of choice from the cetaceans by actions such as, but 
not limited to, recalling the animal from the sanctuary area, and does 
not elicit unsatisfactory, undesirable, or unsafe behaviors from the 
cetaceans. All SWTD programs shall prohibit grasping or holding of the 
cetacean's body, unless under the direct and explicit instruction of an 
attendant eliciting a specific cetacean behavior, and shall prevent the 
chasing or other harassment of the cetaceans.
    (8) In cases where cetaceans used in an interactive session exhibit 
unsatisfactory, undesirable, or unsafe behaviors, including, but not 
limited to, charging, biting, mouthing, or sexual contact with humans, 
such cetaceans shall either be removed from the interactive area or the 
session shall be terminated. Written criteria shall be developed by each 
SWTD program, and shall be submitted to and approved by APHIS \11\ 
regarding conditions and procedures for maintaining compliance with 
paragraph (e)(4) of this section; for the termination of a session when 
removal of a cetacean is not possible; and regarding criteria and 
protocols for handling program animal(s) exhibiting unsatisfactory, 
undesirable, or unsafe behaviors, including retraining time and 
techniques, and removal from the program and/or facility, if 
appropriate. The head trainer/behaviorist shall determine when 
operations will be terminated, and when they may resume. In the absence 
of the head trainer/behaviorist, the determination to terminate a 
session shall be made by the trainer/supervising attendant. Only the 
head trainer/behaviorist may determine when a session may be resumed.
---------------------------------------------------------------------------

    \11\ Send to Administrator, c/o Animal and Plant Health Inspection 
Service, Animal Care, 4700 River Road Unit 84, Riverdale, Maryland 
20737-1234.
---------------------------------------------------------------------------

    (f) Recordkeeping. (1) Each facility shall provide APHIS \12\ with a 
description of its program at least 30 days prior to initiation of the 
program, or in the case of any program in place before September 4, 
1998, not later than October 5, 1998. The description shall include at 
least the following:
---------------------------------------------------------------------------

    \12\ See footnote 11 in Sec. 3.111(e)(8).
---------------------------------------------------------------------------

    (i) Identification of each cetacean in the program, by means of name 
and/or number, sex, age, and any other means the Administrator 
determines to be necessary to adequately identify the cetacean;
    (ii) A description of the educational content and agenda of planned 
interactive sessions, and the anticipated average and maximum frequency 
and duration of encounters per cetacean per day;
    (iii) The content and method of pre-encounter orientation, rules, 
and instructions, including restrictions on types of physical contact 
with the cetaceans;
    (iv) A description of the SWTD facility, including the primary 
enclosure and other SWTD animal housing or holding enclosures at the 
facility;
    (v) A description of the training, including actual or expected 
number of hours each cetacean has undergone or will undergo prior to 
participation in the program;

[[Page 109]]

    (vi) The resume of the licensee and/or manager, the head trainer/
behaviorist, the trainer/supervising attendant, any other attendants, 
and the attending veterinarian;
    (vii) The current behavior patterns and health of each cetacean, to 
be assessed and submitted by the attending veterinarian;
    (viii) For facilities that employ a part-time attending veterinarian 
or consultant arrangements, a written program of veterinary care (APHIS 
form 7002), including protocols and schedules of professional visits; 
and
    (ix) A detailed description of the monitoring program to be used to 
detect and identify changes in the behavior and health of the cetaceans.
    (2) All SWTD programs shall comply in all respects with the 
regulations and standards set forth in parts 2 and 3 of this subchapter.
    (3) Individual animal veterinary records, including all 
examinations, laboratory reports, treatments, and necropsy reports shall 
be kept at the SWTD site for at least 3 years and shall be made 
available to an APHIS official upon request during inspection.
    (4) The following records shall be kept at the SWTD site for at 
least 3 years and shall be made available to an APHIS official upon 
request during inspection:
    (i) Individual cetacean feeding records; and
    (ii) Individual cetacean behavioral records.
    (5) The following reports shall be kept at the SWTD site for at 
least 3 years and shall be made available to an APHIS official upon 
request during inspection:
    (i) Statistical summaries of the number of minutes per day that each 
animal participated in an interactive session;
    (ii) A statistical summary of the number of human participants per 
month in the SWTD program; and
    (6) A description of any changes made in the SWTD program, which 
shall be submitted to APHIS \13\ on a semi-annual basis.
---------------------------------------------------------------------------

    \13\ See footnote 11 in Sec. 3.111(e)(8).
---------------------------------------------------------------------------

    (7) All incidents resulting in injury to either cetaceans or humans 
participating in an interactive session, which shall be reported to 
APHIS within 24 hours of the incident.\14\ Within 7 days of any such 
incident, a written report shall be submitted to the Administrator.\15\ 
The report shall provide a detailed description of the incident and 
shall establish a plan of action for the prevention of further 
occurrences.
---------------------------------------------------------------------------

    \14\ Telephone numbers for APHIS, Animal Care, regional offices can 
be found in local telephone books.
    \15\ See footnote 11 in Sec. 3.111(e)(8).
---------------------------------------------------------------------------

    (g) Veterinary care. (1) The attending veterinarian shall conduct 
on-site evaluations of each cetacean at least once a month. The 
evaluation shall include a visual inspection of the animal; examination 
of the behavioral, feeding, and medical records of the animal; and a 
discussion of each animal with an animal care staff member familiar with 
the animal.
    (2) The attending veterinarian shall observe an interactive swim 
session at the SWTD site at least once each month.
    (3) The attending veterinarian shall conduct a complete physical 
examination of each cetacean at least once every 6 months. The 
examination shall include a profile of the cetacean, including the 
cetacean's identification (name and/or number, sex, and age), 
weight,\16\ length, axillary girth, appetite, and behavior. The 
attending veterinarian shall also conduct a general examination to 
evaluate body condition, skin, eyes, mouth, blow hole and cardio-
respiratory system, genitalia, and feces (gastrointestinal status). The 
examination shall also include a complete blood count and serum 
chemistry analysis. Fecal and blow hole smears shall be obtained for 
cytology and parasite evaluation.
---------------------------------------------------------------------------

    \16\ Weight may be measured either by scale or calculated using the 
following formulae:
    Females: Natural log of body mass = -8.44 + 1.34(natural log of 
girth) + 1.28(natural log of standard length).
    Males: Natural log of body mass= -10.3 + 1.62(natural log of girth) 
+ 1.38(natural log of standard length).
---------------------------------------------------------------------------

    (4) The attending veterinarian, during the monthly site visit, shall 
record the nutritional and reproductive status

[[Page 110]]

of each cetacean (i.e., whether in an active breeding program, pregnant, 
or nursing).
    (5) The attending veterinarian shall examine water quality records 
and provide a written assessment, to remain at the SWTD site for at 
least 3 years, of the overall water quality during the preceding month. 
Such records shall be made available to an APHIS official upon request 
during inspection.
    (6) In the event that a cetacean dies, complete necropsy results, 
including all appropriate histopathology, shall be recorded in the 
cetacean's individual file and shall be made available to APHIS 
officials during facility inspections, or as requested by APHIS. The 
necropsy shall be performed within 48 hours of the cetacean's death, by 
a veterinarian experienced in marine mammal necropsies. If the necropsy 
is not to be performed within 3 hours of the discovery of the cetacean's 
death, the cetacean shall be refrigerated until necropsy. Written 
results of the necropsy shall be available in the cetacean's individual 
file within 7 days after death for gross pathology and within 45 days 
after death for histopathology.

(Approved by the Office of Management and Budget under control numbers 
0579-0036 and 0579-0115)

[63 FR 47148, Sept. 4, 1998]

    Effective Date Note:  At 64 FR 15920, Apr. 2, 1999, Sec. 3.111 was 
suspended, effective Apr. 2, 1999.

                        Transportation Standards

Sec. 3.112  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers shall not accept any marine 
mammal that is presented by any dealer, research facility, exhibitor, 
operator of an auction sale, or other person, or any department, agency, 
or instrumentality of the United States or any State or local government 
for shipment, in commerce, more than 4 hours prior to the scheduled 
departure of the primary conveyance on which it is to be transported, 
and that is not accompanied by a health certificate signed by the 
attending veterinarian stating that the animal was examined within the 
prior 10 days and found to be in acceptable health for transport: 
Provided, however, That the carrier or intermediate handler and any 
dealer, research facility, exhibitor, operator of an auction sale, or 
other person, or any department, agency, or instrumentality of the 
United States or any State or local government may mutually agree to 
extend the time of acceptance to not more than 6 hours if specific prior 
scheduling of the animal shipment to destination has been made.
    (b) Any carrier or intermediate handler shall only accept for 
transportation or transport, in commerce, any marine mammal in a primary 
transport enclosure that conforms to the requirements in Sec. 3.113 of 
this subpart: Provided, however, That any carrier or intermediate 
handler may accept for transportation or transport, in commerce, any 
marine mammal consigned by any department, agency, or instrumentality of 
the United States having laboratory animal facilities or exhibiting 
animals or any licensed or registered dealer, research facility, 
exhibitor, or operator of an auction sale if the consignor furnishes to 
the carrier or intermediate handler a certificate, signed by the 
consignor, stating that the primary transport enclosure complies with 
Sec. 3.113 of this subpart, unless such primary transport enclosure is 
obviously defective or damaged and it is apparent that it cannot 
reasonably be expected to contain the marine mammal without causing 
suffering or injury to the marine mammal. A copy of any such certificate 
must accompany the shipment to destination. The certificate must include 
at least the following information:
    (1) Name and address of the consignor;
    (2) The number, age, and sex of animals in the primary transport 
enclosure(s);
    (3) A certifying statement (e.g., ``I hereby certify that the--
(number) primary transport enclosure(s) that are used to transport the 
animal(s) in this shipment complies (comply) with USDA standards for 
primary transport enclosures (9 CFR part 3).''); and
    (4) The signature of the consignor, and date.

[[Page 111]]

    (c) Carriers or intermediate handlers whose facilities fail to 
maintain a temperature within the range of 7.2  deg.C (45  deg.F) to 
23.9  deg.C (75  deg.F) allowed by Sec. 3.117 of this subpart may accept 
for transportation or transport, in commerce, any marine mammal 
consigned by any department, agency, or instrumentality of the United 
States or of any State or local government, or by any person (including 
any licensee or registrant under the Act, as well as any private 
individual) if the consignor furnishes to the carrier or intermediate 
handler a certificate executed by the attending veterinarian on a 
specified date that is not more than 10 days prior to delivery of the 
animal for transportation in commerce, stating that the marine mammal is 
acclimated to a specific air temperature range lower or higher than 
those prescribed in Secs. 3.117 and 3.118. A copy of the certificate 
must accompany the shipment to destination. The certificate must include 
at least the following information:
    (1) Name and address of the consignor;
    (2) The number, age, and sex of animals in the shipment;
    (3) A certifying statement (e.g., ``I hereby certify that the 
animal(s) in this shipment is (are), to the best of my knowledge, 
acclimated to an air temperature range of ------''); and
    (4) The signature of the attending veterinarian and the date.
    (d) Carriers and intermediate handlers must attempt to notify the 
consignee (receiving party) at least once in every 6-hour period 
following the arrival of any marine mammals at the animal holding area 
of the terminal cargo facility. The time, date, and method of each 
attempted notification and the final notification to the consignee and 
the name of the person notifying the consignee must be recorded on the 
copy of the shipping document retained by the carrier or intermediate 
handler and on a copy of the shipping document accompanying the animal 
shipment.

[66 FR 254, Jan. 3, 2001]

Sec. 3.113  Primary enclosures used to transport marine mammals.

    No dealer, research facility, exhibitor, or operator of an auction 
sale shall offer for transportation or transport, in commerce, any 
marine mammal in a primary enclosure that does not conform to the 
following requirements:
    (a) Primary enclosures that are used to transport marine mammals 
other than cetaceans and sirenians must:
    (1) Be constructed from materials of sufficient structural strength 
to contain the marine mammals;
    (2) Be constructed from material that is durable, nontoxic, and 
cannot be chewed and/or swallowed;
    (3) Be able to withstand the normal rigors of transportation;
    (4) Have interiors that are free from any protrusions or hazardous 
openings that could be injurious to the marine mammals contained within;
    (5) Be constructed so that no parts of the contained marine mammals 
are exposed to the outside of the enclosures in any way that may cause 
injury to the animals or to persons who are nearby or who handle the 
enclosures;
    (6) Have openings that provide access into the enclosures and are 
secured with locking devices of a type that cannot be accidentally 
opened;
    (7) Have such openings located in a manner that makes them easily 
accessible at all times for emergency removal and potential treatment of 
any live marine mammal contained within;
    (8) Have air inlets at heights that will provide cross ventilation 
at all levels (particularly when the marine mammals are in a prone 
position), are located on all four sides of the enclosures, and cover 
not less than 20 percent of the total surface area of each side of the 
enclosures;
    (9) Have projecting rims or other devices placed on any ends and 
sides of the enclosures that have ventilation openings so that there is 
a minimum air circulation space of 7.6 centimeters (3.0 inches) between 
the enclosures and any adjacent cargo or conveyance wall;
    (10) Be constructed so as to provide sufficient air circulation 
space to maintain the temperature limits set forth in this subpart; and
    (11) Be equipped with adequate handholds or other devices on the 
exterior of the enclosures to enable them to be lifted without 
unnecessary tilting and to ensure that the persons handling the 
enclosures will not come in

[[Page 112]]

contact with any marine mammal contained inside.
    (b) Straps, slings, harnesses, or other devices used for body 
support or restraint, when transporting marine mammals such as cetaceans 
and sirenians must:
    (1) Be designed so as not to prevent access to the marine mammals by 
attendants for the purpose of administering in-transit care;
    (2) Be equipped with special padding to prevent trauma or injury at 
critical weight pressure points on the body of the marine mammals; and
    (3) Be capable of keeping the animals from thrashing about and 
causing injury to themselves or their attendants, and yet be adequately 
designed so as not to cause injury to the animals.
    (c) Primary enclosures used to transport marine mammals must be 
large enough to assure that:
    (1) In the case of pinnipeds, polar bears, and sea otters, each 
animal has sufficient space to turn about freely in a stance whereby all 
four feet or flippers are on the floor and the animal can sit in an 
upright position and lie in a natural position;
    (2) In the case of cetaceans and sirenians, each animal has 
sufficient space for support of its body in slings, harnesses, or other 
supporting devices, if used (as prescribed in paragraph (b) of this 
section), without causing injury to such cetaceans or sirenians due to 
contact with the primary transport enclosure: Provided, however, That 
animals may be restricted in their movements according to professionally 
accepted standards when such freedom of movement would constitute a 
danger to the animals, their handlers, or other persons.
    (d) Marine mammals transported in the same primary enclosure must be 
of the same species and maintained in compatible groups. Marine mammals 
that have not reached puberty may not be transported in the same primary 
enclosure with adult marine mammals other than their dams. Socially 
dependent animals (e.g., sibling, dam, and other members of a family 
group) must be allowed visual and olfactory contact whenever reasonable. 
Female marine mammals may not be transported in the same primary 
enclosure with any mature male marine mammals.
    (e) Primary enclosures used to transport marine mammals as provided 
in this section must have solid bottoms to prevent leakage in shipment 
and must be cleaned and sanitized in a manner prescribed in Sec. 3.107 
of this subpart, if previously used. Within the primary enclosures used 
to transport marine mammals, the animals will be maintained on sturdy, 
rigid, solid floors with adequate drainage.
    (f) Primary enclosures used to transport marine mammals, except 
where such primary enclosures are permanently affixed in the animal 
cargo space of the primary conveyance, must be clearly marked on top 
(when present) and on at least one side, or on all sides whenever 
possible, with the words ``Live Animal'' or ``Wild Animal'' in letters 
not less than 2.5 centimeters (1 inch) in height, and with arrows or 
other markings to indicate the correct upright position of the 
container.
    (g) Documents accompanying the shipment must be attached in an 
easily accessible manner to the outside of a primary enclosure that is 
part of such shipment or be in the possession of the shipping attendant.
    (h) When a primary transport enclosure is permanently affixed within 
the animal cargo space of the primary conveyance so that the front 
opening is the only source of ventilation for such primary enclosure, 
the front opening must open directly to the outside or to an 
unobstructed aisle or passageway within the primary conveyance. Such 
front ventilation opening must be at least 90 percent of the total 
surface area of the front wall of the primary enclosure and covered with 
bars, wire mesh, or smooth expanded metal.

[66 FR 255, Jan. 3, 2001]

Sec. 3.114  Primary conveyances (motor vehicle, rail, air and marine).

    (a) The animal cargo space of primary conveyances used in 
transporting live marine mammals must be constructed in a manner that 
will protect the health and assure the safety and comfort of the marine 
mammals contained within at all times. All primary conveyances used must 
be sufficiently

[[Page 113]]

temperature-controlled to provide an appropriate environmental 
temperature for the species involved and to provide for the safety and 
comfort of the marine mammal, or other appropriate safeguards (such as, 
but not limited to, cooling the animal with cold water, adding ice to 
water-filled enclosures, and use of fans) must be employed to maintain 
the animal at an appropriate temperature.
    (b) The animal cargo space must be constructed and maintained in a 
manner that will prevent the ingress of engine exhaust fumes and gases 
in excess of that ordinarily contained in the passenger compartments.
    (c) Marine mammals must only be placed in animal cargo spaces that 
have a supply of air sufficient for each live animal contained within. 
Primary transport enclosures must be positioned in the animal cargo 
spaces of primary conveyances in such a manner that each marine mammal 
contained within will have access to sufficient air.
    (d) Primary transport enclosures must be positioned in primary 
conveyances in such a manner that, in an emergency, the live marine 
mammals can be removed from the conveyances as soon as possible.
    (e) The interiors of animal cargo spaces in primary conveyances must 
be kept clean.
    (f) Live marine mammals must not knowingly be transported with any 
material, substance, or device that may be injurious to the health and 
well-being of the marine mammals unless proper precaution is taken to 
prevent such injury.
    (g) Adequate lighting must be available for marine mammal attendants 
to properly inspect the animals at any time. If such lighting is not 
provided by the carrier, provisions must be made by the shipper to 
supply such lighting.

[66 FR 255, Jan. 3, 2001]

Sec. 3.115  Food and drinking water requirements.

    (a) Those marine mammals that require drinking water must be offered 
potable water within 4 hours of being placed in the primary transport 
enclosure for transport in commerce. Marine mammals must be provided 
water as often as necessary and appropriate for the species involved to 
prevent dehydration, which would jeopardize the good health and well-
being of the animals.
    (b) Marine mammals being transported in commerce must be offered 
food as often as necessary and appropriate for the species involved or 
as determined by the attending veterinarian.

[66 FR 256, Jan. 3, 2001]

Sec. 3.116  Care in transit.

    (a) A licensed veterinarian, employee, and/or attendant of the 
shipper or receiver of any marine mammal being transported, in commerce, 
knowledgeable and experienced in the area of marine mammal care and 
transport, must accompany all marine mammals during periods of 
transportation to provide for their good health and well-being, to 
observe such marine mammals to determine whether they need veterinary 
care, and to obtain any needed veterinary care as soon as possible. Any 
transport of greater than 2 hours duration requires a transport plan 
approved by the attending veterinarian that will include the 
specification of the necessity of the presence of a veterinarian during 
the transport. If the attending veterinarian does not accompany the 
animal, communication with the veterinarian must be maintained in 
accordance with Sec. Sec. 2.33(b)(3) and 2.40(b)(3) of this chapter.
    (b) The following marine mammals may be transported in commerce only 
when the transport of such marine mammals has been determined to be 
appropriate by the attending veterinarian:
    (1) A pregnant animal in the last half of pregnancy;
    (2) A dependent unweaned young animal;
    (3) A nursing mother with young; or
    (4) An animal with a medical condition requiring veterinary care, 
that would be compromised by transport. The attending veterinarian must 
note on the accompanying health certificate the existence of any of the 
above conditions. The attending veterinarian must also determine whether 
a veterinarian

[[Page 114]]

should accompany such marine mammals during transport.
    (c) Carriers must inform the crew as to the presence of the marine 
mammals on board the craft, inform the individual accompanying the 
marine mammals of any unexpected delays as soon as they become known, 
and accommodate, except as precluded by safety considerations, requests 
by the shipper or his agent to provide access to the animals or take 
other necessary actions for the welfare of the animals if a delay 
occurs.
    (d) A sufficient number of employees or attendants of the shipper or 
receiver of cetaceans or sirenians being transported, in commerce, must 
provide for such cetaceans and sirenians during periods of transport by:
    (1) Keeping the skin moist or preventing the drying of the skin by 
such methods as intermittent spraying of water or application of a 
nontoxic emollient;
    (2) Assuring that the pectoral flippers are allowed freedom of 
movement at all times;
    (3) Making adjustments in the position of the marine mammals when 
necessary to prevent necrosis of the skin at weight pressure points;
    (4) Keeping the animal cooled and/or warmed sufficiently to prevent 
overheating, hypothermia, or temperature related stress; and
    (5) Calming the marine mammals to avoid struggling, thrashing, and 
other unnecessary activity that may cause overheating or physical 
trauma.
    (e) A sufficient number of employees or attendants of the shipper or 
receiver of pinnipeds or polar bears being transported, in commerce, 
must provide for such pinnipeds and polar bears during periods of 
transport by:
    (1) Keeping the animal cooled and/or warmed sufficiently to prevent 
overheating, hypothermia, or temperature related stress; and
    (2) Calming the marine mammals to avoid struggling, thrashing, and 
other unnecessary activity that may cause overheating or physical 
trauma.
    (f) Sea otters must be transported in primary enclosures that 
contain false floors through which water and waste freely pass to keep 
the interior of the transport unit free from waste materials. Moisture 
must be provided by water sprayers or ice during transport.
    (g) Marine mammals may be removed from their primary transport 
enclosures only by the attendants or other persons capable of handling 
such mammals safely.

[66 FR 256, Jan. 3, 2001]

Sec. 3.117  Terminal facilities.

    Carriers and intermediate handlers must not commingle marine mammal 
shipments with inanimate cargo. All animal holding areas of a terminal 
facility of any carrier or intermediate handler where marine mammal 
shipments are maintained must be cleaned and sanitized in a manner 
prescribed in Sec. 3.107 of this subpart to minimize health and disease 
hazards. An effective program for the control of insects, ectoparasites, 
and avian and mammalian pests must be established and maintained for all 
animal holding areas. Any animal holding area containing marine mammals 
must be ventilated with fresh air or air circulated by means of fans, 
blowers, or an air conditioning system so as to minimize drafts, odors, 
and moisture condensation. Auxiliary ventilation, such as exhaust fans 
and vents or fans or blowers or air conditioning must be used for any 
animal holding area containing marine mammals when the air temperature 
within such animal holding area is 23.9  deg.C (75  deg.F) or higher. 
The air temperature around any marine mammal in any animal holding area 
must not be allowed to fall below 7.2  deg.C (45  deg.F). The air 
temperature around any polar bear must not be allowed to exceed 29.5 
deg.C (85  deg.F) at any time and no polar bear may be subjected to 
surrounding air temperatures that exceed 23.9  deg.C (75  deg.F) for 
more than 4 hours at any time. The ambient temperature must be measured 
in the animal holding area upon arrival of the shipment by the 
attendant, carrier, or intermediate handler. The ambient temperature 
must be measured halfway up the outside of the primary transport 
enclosure at a distance from the external wall of the primary transport 
enclosure not to exceed 0.91 meters (3 feet).

[66 FR 256, Jan. 3, 2001]

[[Page 115]]

Sec. 3.118  Handling.

    (a) Carriers and intermediate handlers moving marine mammals from 
the animal holding area of the terminal facility to the primary 
conveyance or from the primary conveyance to the animal holding area of 
the terminal facility must provide the following:
    (1) Movement of animals as expeditiously as possible.
    (2) Shelter from overheating and direct sunlight. When sunlight is 
likely to cause overheating, sunburn, or discomfort, sufficient shade 
must be provided to protect the marine mammals. Marine mammals must not 
be subjected to surrounding air temperatures that exceed 23.9  deg.C (75 
 deg.F) unless accompanied by an acclimation certificate in accordance 
with Sec. 3.112 of this subpart. The temperature must be measured and 
read within or immediately adjacent to the primary transport enclosure.
    (3) Shelter from cold weather. Marine mammals must be provided with 
species appropriate protection against cold weather, and such marine 
mammals must not be subjected to surrounding air temperatures that fall 
below 7.2  deg.C (45  deg.F) unless accompanied by an acclimation 
certificate in accordance with Sec. 3.112 of this subpart. The 
temperature must be measured and read within or immediately adjacent to 
the primary transport enclosure.
    (b) Care must be exercised to avoid handling of the primary 
transport enclosure in a manner that may cause physical harm or distress 
to the marine mammal contained within.
    (c) Enclosures used to transport any marine mammal must not be 
tossed, dropped, or needlessly tilted and must not be stacked unless 
properly secured.

[66 FR 257, Jan. 3, 2001]
