[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24787]
[[Page Unknown]]
[Federal Register: October 6, 1994]
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DEPARTMENT OF COMMERCE
[I.D. 092994A]
Public Display of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), NationalOceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice.
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SUMMARY: NMFS is announcing that the American Zoo and Aquarium
Association (AZA) and the Alliance of Marine Mammal Parks and Aquariums
(Alliance) have submitted, for reference purposes, the professionally
accepted standards on which their members base their education and
conservation programs. The Marine Mammal Protection Act of 1972 (MMPA)
(16 U.S.C. 1361 et seq.) was amended substantially on April 30, 1994
(P.L. 103-238) (1994 Amendments). These 1994 Amendments require that
persons holding marine mammals for purposes of public display, or
requesting issuance of a permit to capture or import a marine mammal
for purposes of public display, must offer a program for education or
conservation purposes that is based on professionally recognized
standards of the public display community. The AZA and Alliance
together represent approximately 60 percent of U.S. facilities that
currently hold marine mammals. Where applicable, the AZA or Alliance
standards may be referenced by public display permit applicants and
holders of marine mammals when exercising the rights established and
submitting the documentation required under the MMPA. If alternative
standards are provided as a part of a permit application to capture or
import marine mammals, such standards will be published as part of the
notice of receipt of the application that is published by NMFS in the
Federal Register. Other holders of marine mammals or organizations
representing members of the public display community may submit, for
reference purposes, alternative standards on which education or
conservation programs are based.
FOR FURTHER INFORMATION CONTACT: Ann Terbush, Permits Division, Office
of Protected Resources, F/PR1, 1335 East-West Highway, Silver Spring,
MD 20910-3226, (301) 713-2289.
SUPPLEMENTARY INFORMATION:
Background
In 1988 the MMPA was amended to require, among other things, that a
permit be issued for public display purposes only to an applicant which
offers a program for education or conservation that, based on
professionally recognized standards of the public display community, is
acceptable to the Secretary (i.e., Secretary of Commerce or Interior,
depending upon the marine mammal species involved). In March 1989, NMFS
initiated a comprehensive review of the permit program. At the
beginning of this permit program review, it became clear that the
phrase ``based on professionally recognized standards of the public
display community'' did not refer to any existing standards already
established by the public display community. Therefore, on May 22,
1989, NMFS published in the Federal Register (54 FR 22001) a notice of
interim policy regarding the education or conservation programs of
applicants requesting permits to take or import marine mammals for
public display. This notice announced the criteria that NMFS would use
in determining the acceptability of education or conservation programs
pending the promulgation of regulations for this purpose. The notice
stated that in order to be determined acceptable by NMFS, ``an
applicant's education or conservation program must include a program of
formal or informal learning that conveys accurate information about the
marine mammals being displayed and communicates in an effective manner
a message and purpose that are consistent with the policies of the
MMPA.''
After conducting a comprehensive review of the entire permit
program, NMFS published a proposed rule on October 14, 1993 (58 FR
53320), to revise existing permit regulations for taking and importing
marine mammals for purposes of public display, scientific research, and
enhancement under the MMPA and the Endangered Species Act. This
proposed rule included criteria for determining whether an applicant's
education or conservation program is acceptable. These standards were
based on the interim policy previously published in the Federal
Register and the numerous comments and recommendations on the subject
received during the permit program review.
On April 30, 1994, the 1994 Amendments to the MMPA were enacted.
Under the 1994 Amendments, the requirement that applicants for a permit
for purposes of public display must offer an education or conservation
program acceptable to the Secretary was eliminated and replaced by a
requirement that, for purposes of public display, persons holding
marine mammals and those issued a permit to capture or import must
``offer a program for education or conservation purposes that is based
on professionally recognized standards of the public display
community.'' Essentially, although the Secretary is no longer required
to determine whether education/conservation programs are acceptable,
the Secretary must still determine whether a person offers a program
for education or conservation purposes based on professionally
recognized standards of the public display community. To ensure
compliance with this requirement of the MMPA, applicants for a public
display permit to capture or import marine mammals and persons holding
marine mammals for purposes of public display must identify, by
reference or description, the professionally recognized standards of
the public display community on which their education or conservation
programs are based.
Although there are no professionally recognized standards for
education or conservation programs that are uniformly accepted as such
by the public display community, such standards are not required by the
1994 Amendments. The 1994 Amendments require only that for purposes of
public display persons holding marine mammals or requesting a permit to
capture or import marine mammals must offer a program for education or
conservation purposes that is based on professionally recognized
standards of the public display community. And, because any person
holding marine mammals for purposes of public display is a member of
the public display community and, therefore, may identify the
professionally recognized standards on which their education or
conservation program is based, for such persons this requirement is
essentially one that relies on self-regulation. NMFS, therefore, asked
the AZA and Alliance, as organizations which together represent
approximately 60 percent of the public display facilities holding
marine mammals, to identify the standards on which their members base
their education and conservation programs. In making this request, NMFS
stated that the standards identified by the AZA and Alliance would be
published in the Federal Register; thus, enabling persons who offer an
education or conservation program based on either the AZA or Alliance
standards to use this notice as a reference instead of listing such
standards repeatedly.
NMFS recognizes that the AZA and Alliance do not represent the
entire public display community and that some members of that community
may offer education or conservation programs based on professionally
recognized standards of the public display community that are different
from those identified by either the AZA or Alliance. Consequently,
other members or representative organizations of the public display
community may also submit, for reference purposes, alternative
standards on which education or conservation programs are based. NMFS
may also publish in the Federal Register notice of such alternative
standards for reference by the public display community. In addition,
if alternative standards are provided as a part of a permit
application, such standards will be published as a part of the notice
of receipt of an application and opportunity for public comment that is
published by NMFS in the Federal Register.
Standards
The Alliance and AZA identified the following as the professionally
recognized standards of the public display community on which their
members have based their education and conservation programs:
Standards of the American Zoo and Aquarium Association
1. Education must be an element of the mission statement of the
institution.
2. All institutions must have structured education programs,
including a written education plan.
3. The education program should be under the direction of a paid
professional trained in educational programming. In those cases where
employees have not yet been retained, someone should be assigned the
responsibility to implement and manage the programs.
4. Education programs should be evaluated on a regular basis for
effectiveness and content and current scientific information included.
5. Cooperative programs with institutions of higher learning should
be developed.
6. If animal demonstrations are a part of the institution's
programs, an educational/conservation message must be incorporated.
7. A reference library appropriate to the size and complexity of
the institution should be available to all staff members.
8. The graphics program must include information regarding the
animal collection's conservation/ecology relation to humans/natural
history and other interpretive elements.
9. Exhibits in which endangered animals are displayed must include
the designation as an endangered species and those displaying Species
Survival Plan (SSP) animals should include a statement that the animals
are a part of AZA's SSP program. It is recommended that the SSP program
be highlighted by utilization of AZA's SSP logo and text.
10. Recruitment, interviewing, training, and evaluation programs
should exist for all programs utilizing volunteers/ docents.
Standards of the Alliance of Marine Mammal Parks and Aquariums
1. Education programs about marine mammals must promote an improved
understanding of and an appreciation for these animals and their
ecosystems.
NOTE: In addition to direct observation, a variety of other
techniques and stimuli may be used to effectively communicate member
programs' educational messages. These methods may include, but are not
limited to, some of the following:
* Audio-visual materials
* Community outreach
* Formal education programs
* Guided tours
* Instructional guides/curricula
* Interactive exhibits/programs
* Interpretive graphics
* Narration at exhibits
* Off-site education programs
* Public presentations
* Public Shows
* Recreation programs
* Special needs programs (e.g., disabled, senior citizens)
* Species identification labels
* Teacher training
* Written materials/publications
2. Education programs about marine mammals must offer multiple
levels of learning opportunities for visitors to expand their knowledge
about these animals.
NOTE: Multiple levels of learning opportunities refers to providing
educational information for visitors who have different levels of
knowledge and interest. For example, basic introductory programming
might offer viewing of animals, species identification, and/or a public
show or presentation. More advanced programming might include, for
example, formal education programs, guided tours, and/or written or
audio-visual material designed to meet the needs of individuals who
which additional information.
3. Education programs about marine mammals must present information
about these animals, their ecosystem, or marine wildlife conservation
that is based upon the best current scientific knowledge.
NOTE: The best current scientific knowledge refers to information
based on the growing body of scientific research about marine mammals
science and the basic knowledge that is professionally recognized by
relevant disciplines, such as biology, physiology, anatomy, veterinary
medicine, and/or animal behavior science.
4. A qualified individual must be designated and responsible for
the development of, and administration of, education programs about
marine mammals.
NOTE: Qualified refers to having a bachelor's degree, education
experience, administrative skills, and knowledge about marine mammals.
5. Education programs about marine mammals must include a written
education plan consisting of a mission statement, goals, and an
evaluation strategy.
NOTE: The education plan should reflect current facility programs.
Evaluations are intended for internal program review, and each facility
will have discretion in determining the methods used and the scope and
frequency of the evaluations.
6. Education programs about marine mammals must include
availability of institution experts as a marine science resource to
professional groups and the education community when appropriate and
practicable.
NOTE: Public display facilities employ and collaborate with many
highly knowledgeable and experienced marine mammal experts, such as
animal behaviorists, veterinarians, research scientists, trainers, and
marine education and other specialists. When appropriate and
practicable, facilities should encourage and facilitate opportunities
for these specialists to serve as marine science resources and share
their expertise with interested professional groups and the education
community.
Dated: September 30, 1994.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 94-24787 Filed 10-5-94; 8:45 am]
BILLING CODE 3510-22-F