Note: This is not to be considered as the "official" Animal Welfare Act although we believe that for all intent and purposes, it is correct. If you are considering legal questions, then you should consider obtaining a copy from the Government Printing Office or by contacting us at ace@aphis.usda.gov.

Kudos: Miami Seaprison wishes to thank David Favre, Professor Michigan State University - Detroit College of Law for letting us use this copy from his informative legal page at http://www.animallaw.info/

US AWA Marine Mammal Regulations

Country of Origin: United States

Agency of Origin: Department of Agriculture, APHIS

National Citation: 9 CFR 3.100

Summary:

US Animal Welfare Act Regulations Subpart E, Marine Mammals


Subpart E--Specifications for the Humane Handling, Care, Treatment, and
Transportation of Marine Mammals

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

[[Page 92]]

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 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]

[[Page 93]]

Sec. 3.101 Facilities, general.

(a) Construction requirements. (1) Indoor and outdoor housing
facilities for marine mammals shall be structurally sound and shall be
maintained in good repair, to protect the animals from injury, to
contain the animals, and to restrict the entrance of unwanted animals.
(2) All marine mammals shall be provided with protection from abuse
and harassment by the viewing public by the use of a sufficient number
of employees or attendants to supervise the viewing public, or by
physical barriers, such as fences, walls, glass partitions, or distance,
or both.
(3) Any primary enclosure pool, except for natural seawater pools
subject to tidal action, shall be constructed of materials having a
nonporous, waterproof finish, which facilitate proper cleaning and
disinfection, and shall be maintained in good repair as part of a
regular ongoing maintenance program. Any ramps or haul-out areas for
primary enclosure pools, and any natural seawater pools subject to tidal
action, shall be constructed of materials which facilitate proper
cleaning and disinfection and shall be maintained in good repair as part
of a regular ongoing maintenance program.
(4) Facilities which utilize natural water areas, such as tidal
basins, bays, or estuaries (subject to natural tidewater action) used
for housing marine mammals shall be exempt from the drainage
requirements of paragraph (c)(1) of this section, but they must meet the
minimum standards with regard to space, depth, and sanitation. The water
must be monitored for coliforms and for ph and chemical content, if
chemicals are added.
(b) Water and power supply. Reliable and adequate sources of water
and electric power shall be provided by the facility housing marine
mammals. Written contingency plans must be submitted to and approved by
Veterinary Services 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 therein.
(c) Drainage. (1) Adequate drainage shall be provided for all
primary enclosure pools and shall be located so that all of the water
contained in such pools may be rapidly eliminated when necessary for
cleaning the pools or for other purposes. Drainage effluent from primary
enclosure pools shall be disposed of in a manner that complies with all
applicable Federal, State, and local pollution control laws.
(2) Drainage shall be provided for primary enclosures and areas
immediately surrounding pools. Drains shall be located so as to rapidly
eliminate excess water (except in pools). Such drainage effluent shall
be disposed of in a manner that complies with all applicable Federal,
State, and local pollution control laws.
(d) Storage. Supplies of food shall be stored in facilities which
adequately protect such supplies from deterioration, molding, or
contamination by vermin. Refrigerators and freezers shall be used for
perishable food. No substances which are known to be or may be toxic or
harmful to marine mammals shall be stored or maintained in the marine
mammal food storage areas.
(e) Waste disposal. Provision shall be made for the removal and
disposal of animal and food wastes, dead animals, trash, and debris.
Disposal facilities shall be provided and operated in a manner which
will minimize vermin infestation, odors, 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) Washroom facilities. Facilities such as washrooms, basins,
showers, or sinks, shall be provided to maintain cleanliness among
employees and attendants.

[44 FR 36874, June 22, 1979, as amended at 44 FR 63492, Nov. 2, 1979; 49
FR 26682, June 28, 1984]

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

[[Page 94]]

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\
---------------------------------------------------------------------------

\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 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

[[Page 95]]

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. Primary enclosures, including pools of water housing
marine mammals, shall comply with the minimum space requirements
prescribed by this part. They shall be constructed and maintained so
that the animals contained therein are provided with sufficient space,
both horizontally and vertically so that they are 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 for in
Sec. 3.110, ``Veterinary care.'' Primary enclosures smaller than
required by the standards are also allowed to be used for temporary
holding purposes such as training and transfer. Such enclosures shall
not be used for permanent housing purposes or for periods longer than
specified by an attending veterinarian.
(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

[[Page 96]]

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 depth 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
5.64 18.5 11.28 37 2.82 9.25 140.83 4,970.33
5.79 19.0 11.58 38 2.90 9.50 152.64 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 11.25 253.42 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 the 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 additional volume of water required per
cetacean, over two, may vary slightly from a strict feet to meters ratio. Cubic meters is based on: 1 cubic
foot=0.0283 cubic meter.


Table II--Group II Cetaceans \1\
----------------------------------------------------------------------------------------------------------------
Representative average Minimum horizontal Minimum required depth 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

[[Page 97]]


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
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
---------------------------------------
Male 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 II 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.


[[Page 98]]


------------------------------------------------------------------------
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 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


[[Page 99]]

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


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

[[Page 100]]

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 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

[[Page 101]]

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.
(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

[[Page 102]]

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]

Animal Health and Husbandry Standards

Sec. 3.105 Feeding.

(a) The food for marine mammals shall be wholesome, palatable, and
free from contamination, and shall be of sufficient quantity and
nutritive value to maintain all of the marine mammals in a state of good
health. The diet shall be prepared with consideration for age, species,
condition, size, and type of marine mammal being fed. Marine mammals
shall be offered food at least once a day, except as directed by
veterinary treatment or professionally accepted practices.
(b) Food receptacles, if used, shall be located so as to be
accessible to all marine mammals in the same primary enclosure and shall
be placed so as to minimize contamination of the food contained therein.
Such food receptacles shall be cleaned and sanitized after each use.
(c) Food, when given to each marine mammal individually, shall 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. Public feeding shall be only
permitted if it is done in the presence and under the supervision of a
uniformed employee or attendant. Such employee or attendant 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 shall be fed to such mammals by the public.
(d) Food preparation and handling shall be conducted so as to
minimize bacterial or chemical contamination and to assure the
wholesomeness and nutritive value of the food. Frozen fish or other
frozen food shall be stored in freezers which 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, as well as the thawing of frozen food,
shall be conducted in a manner which will minimize contamination and
which will assure that the food retains nutritive value and wholesome
quality. The thawed product shall be kept iced or refrigerated until a
reasonable time before feeding. All foods shall be fed to the marine
mammals within 24 hours following the removal of such foods from the
freezers for thawing.

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

[[Page 103]]

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 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 shall be removed from the primary enclosure at
least daily, and more often when necessary to prevent contamination of
the marine mammals contained therein and to minimize disease hazards.
(2) Particulate animal and food waste, trash, or debris that enter
the primary enclosure pool of water shall be removed as often as
necessary to maintain the required water quality and to prevent health
hazards to the marine mammals contained therein.
(3) The wall and bottom surfaces of the primary enclosure pool of
water shall be cleaned as often as necessary to maintain proper water
quality.
(b) Food preparation areas and food receptacles. Containers, such as
buckets, tubs, and tanks, as well as utensils, such as knives and
cutting boards, or any other equipment which has been used for holding,
thawing or preparing food for marine mammals shall be cleaned and
sanitized after each feeding, if the marine mammals are fed once a day,
and at least daily if the marine mammals are fed more than once a day.
Kitchens and other food handling areas where animal food is prepared
shall be cleaned at least once daily and sanitized at least once every
week. Sanitizing shall be accomplished by washing with hot water
(82 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 away from food
preparation surface areas.
(c) Housekeeping. Buildings and grounds, as well as exhibit areas,
shall be kept clean and in good repair. Fences shall be maintained in
good repair. Primary enclosures housing marine mammals shall not have
any loose objects, 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 shall be
established and maintained. Insecticides or other such chemical agents
shall not be applied in a primary enclosure housing marine mammals
except when deemed essential by an attending veterinarian.

Sec. 3.108 Employees or attendants.

A sufficient number of adequately trained employees or attendants
responsible to management shall be utilized to maintain the prescribed
level of husbandry practices set forth in this

[[Page 104]]

subpart. Such practices shall be conducted under the supervision of a
marine mammal caretaker who has a background in marine mammal husbandry
and care. Training of marine mammals shall be done by or under the
direct supervision of experienced trainers without physical punishment
or abuse being used or inflicted upon the marine mammals.

Sec. 3.109 Separation.

Marine mammals which are not compatible shall not be housed in the
same enclosure. Marine mammals shall not be housed near animals that
would cause them stress or discomfort, or interfere with their good
health. Captive marine mammals must be given access to other animals
except when they are temporarily maintained in isolation for such
purposes as medical treatment or training and given special attention.

Sec. 3.110 Veterinary care.

(a) Newly acquired marine mammals shall be isolated from resident
marine mammals until such newly acquired marine mammals can be
reasonably determined to be in good health. Any communicable disease
condition in a newly acquired marine mammal must be remedied before it
is placed with other resident marine mammals.
(b) Any primary enclosure containing a marine mammal with an
infectious or contagious disease shall be cleaned and sanitized in the
manner prescribed by the attending veterinarian. No additional animals
shall be introduced into the primary enclosure prior to such cleaning
and sanitizing procedures. Any marine mammal exposed to a diseased
animal shall be isolated for observation for an appropriate period of
time as determined by the attending veterinarian.
(c) Temporary holding facilities with adequately and properly
designed pools, tanks, restraining devices or primary enclosures shall
be provided for isolation, medication, treatment, and other purposes
such as transfer and training of marine mammals. The pools, tanks and
primary enclosures may be less than minimum size in both lateral
dimensions and depth when used in special situations when prescribed by
the professional staff for temporary usage.
(d) A complete necropsy must be conducted by or under the direct
supervision of a veterinarian on all marine mammals that die in
captivity. A necropsy report must be prepared by the veterinarian
listing all pathologic lesions observed and giving the apparent cause of
death. All diagnostic tests conducted on post mortem specimens shall be
listed in the report, and the results of each test recorded. The
management of the facility, at which the marine mammal died, must
maintain these necropsy records for a period of 3 years and present them
to Department inspectors when requested.

[44 FR 36874, June 22, 1979, as amended at 54 FR 36163, Aug. 31, 1989]

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:

[[Page 105]]

[GRAPHIC] [TIFF OMITTED] TR04SE98.022

(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.

[[Page 106]]

(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.
(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
<SUP>11</SUP> 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
<SUP>12</SUP> 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;

[[Page 107]]

(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;
(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 <SUP>13</SUP> 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.<SUP>14</SUP> Within 7 days of any
such incident, a written report shall be submitted to the
Administrator.<SUP>15</SUP> 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,<SUP>16</SUP> length, axillary girth, appetite, and behavior. The
attending veterinarian shall also conduct a general

[[Page 108]]

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 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 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:
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 of 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
enclosure which conforms to the requirements set forth in Sec. 3.113 of
the standards: 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 enclosure complies with Sec. 3.113
of the standards, unless such primary 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 such
marine mammal. A copy of such certificate shall accompany the shipment
to destination. The certificate shall include at least the following
information:
(1) Name and address of the consignor;

[[Page 109]]

(2) The number of animals in the primary enclosure(s);
(3) A certifying statement (e.g., ``I hereby certify that the ------
(number) primary enclosure(s) which are used to transport the animal(s)
in this shipment complies (comply) with USDA standards for primary
enclosures (9 CFR part 3).''); and
(4) The signature of the consignor, and date.
(c) Carriers or intermediate handlers whose facilities fail to meet
the minimum temperature allowed by the standards 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 a veterinarian accredited by this Department pursuant to
part 160 of this title on a specified date which shall not be more than
10 days prior to delivery of such animal for transportation in commerce,
stating that such marine mammal is acclimated to air temperatures lower
than those prescribed in Secs. 3.117 and 3.118. A copy of such
certificate shall accompany the shipment to destination. The certificate
to include at least the following information:
(1) Name and address of the consignor;
(2) The number 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 air temperatures lower than 7.2 deg. C. (45 deg. F.)'');
and
(4) The signature of the USDA accredited veterinarian, assigned
accreditation number, and date.
(d) Carriers and intermediate handlers shall attempt to notify the
consigned 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 shall 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.

[44 FR 36874, June 22, 1979, as amended at 44 FR 63493, Nov. 2, 1979]

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 which does not conform to the
following requirements:
(a) Primary enclosures, which are used to transport marine mammals
other than cetaceans and sirenians, shall (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 which are free from any
protrusions that could be injurious to the marine mammals contained
therein; (5) be constructed so that no parts of the contained marine
mammals shall be exposed to the outside of the enclosures in such a way
which may cause injury to the animals or to persons who are nearby or
who handle the enclosures; (6) have openings which provide access into
the enclosures which shall be secured with locking devices of a type
which cannot be accidentally opened; (7) have such openings located in a
manner which makes them easily accessible at all times for emergency
removal of any live marine mammal contained therein; (8) have air inlets
at heights which will provide cross ventilation at all levels
(particularly when the marine mammals are in a prone position) and
located on all four sides of the enclosures, and such ventilation
openings shall be not less than 16 percent of the total surface area of
each side of the enclosures; (9) have projecting rims or other devices
placed on the ends and sides of any enclosures which have ventilation
openings to provide a minimum air circulation space of 1.9 centimeters
(0.75 inches) between the enclosures and any

[[Page 110]]

adjacent cargo or conveyance wall; and (10) be equipped with adequate
handholds or other devices on the exterior of the enclosures which shall
enable them to be lifted without unnecessary tilting and which will
ensure that the persons handling the enclosures will not come in contact
with any marine mammal contained therein.
(b) Straps, slings, harnesses, or other devices, if used for body
support or restraint, when transporting marine mammals such as cetaceans
and sirenians shall (1) be designed so as not to prevent access to such
mammals by attendants during transportation 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 live marine mammals shall
be large enough to assure that (1) in the case of polar bears and sea
otters, there is sufficient space to turn about freely in a stance
whereby all four feet are on the floor and the animal can sit in an
upright position and lie in a natural position; (2) in the case of
pinnipeds, each animal has sufficient space to lie in a natural
position; and (3) 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 enclosure: Provided, however, That certain
species may be restricted in their movements according to professionally
acceptable 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 shall
be of the same species and maintained in compatible groups. Marine
mammals which have not reached puberty shall 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. Female
marine mammals shall 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 shall have solid bottoms to prevent leakage in shipment
and shall be cleaned and sanitized in a manner prescribed in Sec. 3.107
of the standards, if previously used. Such primary enclosures shall
contain clean litter of a suitable absorbent material, which is safe and
nontoxic to the marine mammals contained therein, in sufficient quantity
to absorb and cover excreta, unless the animals are on wire or other
nonsolid floors.
(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, shall be clearly marked on top
and on one or more sides with the words ``Live Animal'' or ``Wild
Animal'', whichever is appropriate, 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 shall be attached in an
easily accessible manner to the outside of a primary enclosure which is
part of such shipment.
(h) When a primary 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 shall open directly to the outside or to an unobstructed aisle
or passageway within the primary conveyance. Such front ventilation
opening shall 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.

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

(a) The animal cargo space of primary conveyances used in
transporting

[[Page 111]]

live marine mammals shall be constructed in a manner which will protect
the health and assure the safety and comfort of the marine mammals
contained therein at all times.
(b) The animal cargo space shall be constructed and maintained in a
manner which will prevent the ingress of engine exhaust fumes and gases
in excess of that ordinarily contained in the passenger compartments.
(c) No marine mammal shall be placed in an animal cargo space that
does not have a supply of air sufficient for normal breathing for each
live animal contained therein, and the primary enclosures shall be
positioned in the animal cargo spaces of primary conveyances in such a
manner that each marine mammal contained therein shall have access to
sufficient air for normal breathing.
(d) Primary enclosures shall 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
shall be kept clean.
(f) Live marine mammals shall not knowingly be transported with any
material, substance or device which may be injurious to the health and
well-being of such marine mammals unless proper precaution is taken to
prevent such injury.

Sec. 3.115 Food and water requirements.

(a) Those marine mammals which require drinking water shall be
offered potable water within 4 hours prior to being transported in
commerce or offered for transportation in commerce. Such marine mammals
shall be watered as often as necessary and appropriate to the species
involved to prevent excessive dehydration which would jeopardize the
good health and well-being of the animals.
(b) Marine mammals shall not be transported for more than a period
of 36 hours without being offered food. When an employee or attendant is
required to accompany a shipment of marine mammals, as provided in
Sec. 3.116 of these standards, such marine mammals shall be fed during
transit when necessary to provide for their good health and well-being.

Sec. 3.116 Care in transit.

(a) An employee or attendant of the shipper or receiver of any
marine mammal being transported, in commerce, knowledgeable in the area
of marine mammal care, shall accompany cetaceans, sirenians, pinnipeds,
and sea otters during periods of transportation to provide for their
good health and well-being, to observe such marine mammals and to
determine whether they need veterinary care and to obtain any needed
veterinary care as soon as possible.
(b) An employee or attendant of the shipper or receiver of cetaceans
or sirenians being transported, in commerce, shall 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,
such as lanolin; (2) assuring that the pectoral flippers shall be
allowed freedom of movement at all times; (3) making adjustments in the
position of such marine mammals when necessary to prevent necrosis of
the skin at weight pressure points; and (4) calming such marine mammals
to avoid struggling, thrashing, and other unnecessary activity which may
cause overheating or physical trauma. No cetacean or sirenian in need of
veterinary care shall be transported in commerce, unless such
transportation is for the purpose of obtaining such care.
(c) Not less than one-half of the floor area in a primary enclosure
used to transport sea otters shall be leakproof and shall contain
sufficient crushed ice or ice water to provide each sea otter contained
therein with moisture necessary to allow each sea otter to maintain its
hair coat by preventing it from drying and to minimize soiling of the
hair coat with urine and fecal material. No sea otter in need of
veterinary care shall be transported in commerce, unless such
transportation is for the purpose of obtaining such care.
(d) Polar bears need not be accompanied by an employee or attendant
of the shipper or receiver, unless the period of transportation will
exceed 24

[[Page 112]]

hours in duration. During surface transportation, it shall be the
responsibility of the carrier to inspect polar bears unaccompanied by an
employee or attendant at least every 4 hours to determine whether they
need veterinary care and to provide any needed veterinary care as soon
as possible. When transported by air, live polar bears unaccompanied by
an employee or attendant, shall be inspected by the carrier at least
every 4 hours if the animal cargo space is accessible during flight. If
the animal cargo space is not accessible during flight, the air carrier
shall inspect such live unattended polar bears whenever loaded and
unloaded and whenever the animal cargo space is otherwise accessible to
determine whether such unattended live animals need veterinary care, and
the carrier shall provide any needed veterinary care as soon as
possible. No polar bear in need of veterinary care shall be transported
in commerce, unless such transportation is for the purpose of obtaining
such care.
(e) Wild or otherwise dangerous marine mammals shall not be taken
from their primary enclosure except under extreme emergency conditions
and then only by their trainer or other person who is capable of
handling such mammals safely.

[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]

Sec. 3.117 Terminal facilities.

Carriers and intermediate handlers shall not commingle marine mammal
shipments with inanimate cargo. All animal holding areas of a terminal
facility of any carrier or intermediate handler wherein marine mammal
shipments are maintained shall be cleaned and sanitized in a manner
prescribed in Sec. 3.107 of the standards often enough to prevent an
accumulation of debris or excreta, to minimize vermin infestation, and
to prevent a disease hazard. An effective program for the control of
insects, ectoparasites, and avian and mammalian pests shall be
established and maintained for all animal holding areas. Any animal
holding area containing marine mammals shall be provided with fresh air
by means of windows, door, vents, or air conditioning and may be
ventilated 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 shall 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 shall
not be allowed to fall below 7.2 deg. C. (45 deg. F.). The air
temperature around any polar bear shall not be allowed to exceed
29.5 deg. C. (85 deg. F.) at any time and no polar bear shall be
subjected to surrounding air temperatures which exceed 23.9 deg. C.
(75 deg. F.) for more than 4 hours at any time. To ascertain compliance
with the provisions of this paragraph, the air temperature around any
marine mammal shall be measured and read outside the primary enclosure
which contains such animal at a distance not to exceed .91 meters (3
feet) from any one of the external walls of the primary enclosure and on
a level parallel to the bottom of such primary enclosure at a point
which approximates half the distance between the top and bottom of such
primary enclosure.

[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]

Sec. 3.118 Handling.

(a) Carriers and intermediate handlers shall move marine mammals
from the animal holding area of the terminal facility to the primary
conveyance and from the primary conveyance to the animal holding area of
the terminal facility as expeditiously as possible. Carriers and
intermediate handlers holding any marine mammal in an animal holding
area of a terminal facility or in transporting any marine mammal from
the animal holding area of the terminal facility to the primary
conveyance and from the primary conveyance to the animal holding area of
the terminal facility, including loading and unloading procedures, shall
provide the following:
(1) Shelter from sunlight. When sunlight is likely to cause
overheating or discomfort, sufficient shade shall be

[[Page 113]]

provided to protect the marine mammals from the direct rays of the sun
and such marine mammals shall not be subjected to surrounding air
temperatures which exceed 29.5 deg. C. (85 deg. F.), and which shall be measured and read in the manner prescribed in Sec. 3.117 of this part,
for a period of more than 45 minutes.
(2) Shelter from cold weather. Transporting devices shall be covered
to provide protection for marine mammals when the outdoor air
temperature falls below 10 deg. C. (50 deg. F.) and such marine mammals
shall not be subjected to surrounding air temperatures which fall below
7.2 deg. C. (45 deg. F.), and which shall be measured and read in the
manner prescribed in Sec. 3.117 of this part, for a period of more than
45 minutes unless such animals are accompanied by a certificate of
acclimation to lower temperatures as prescribed in Sec. 3.112(c).
(b) Care shall be exercised to avoid handling of the primary
enclosure in such a manner that may cause physical or emotional trauma
to the marine mammal contained therein.
(c) Primary enclosures used to transport any marine mammal shall not
be tossed, dropped, or needlessly tilted and shall not be stacked in a
manner which may reasonably be expected to result in their falling.

[44 FR 36874, June 22, 1979, as amended at 49 FR 26686, June 28, 1984]