[Federal Register Volume 63, Number 198 (Wednesday, October 14, 1998)]
[Rules and Regulations]
[Page 55012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27368]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 3

[Docket No. 93-076-12]
RIN 0579-AA59


Animal Welfare; Marine Mammals, Swim-With-the-Dolphin Programs

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Applicability of regulations.

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SUMMARY: We are announcing that, until further notice, the Animal and 
Plant Health Inspection Service will not apply to wading programs the 
standards in the ``swim-with-the-dolphin'' regulations pertaining to 
participant/attendant ratio and space for the interactive area.

EFFECTIVE DATE: October 5, 1998.

FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff 
Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, 
MD 20737-1228, (301) 734-7833.

SUPPLEMENTARY INFORMATION:

Background

    On September 4, 1998, the Animal and Plant Health Inspection 
Service published a final rule in the Federal Register (63 FR 47128-
47151, Docket No. 93-076-10) that amended the Animal Welfare 
regulations in 9 CFR, part 3, subpart E (referred to below as the 
regulations), to establish standards for ``swim-with-the-dolphin'' 
(SWTD) programs. The rule became effective October 5, 1998. The 
regulations include standards for space (see Sec. 3.111(a)) and 
standards for the ratio of human participants to attendants or other 
authorized SWTD personnel (i.e., head trainer/behaviorist or trainer/
supervising attendant) (see Sec. 3.111(e)(4)).
    This document announces that, as of October 5, 1998, and until 
further notice, we are not applying to wading programs the standards in 
Sec. 3.111(a) for space for the interactive area or the standards in 
Sec. 3.111(e)(4) for human participant/attendant ratio. For the 
purposes of this action, wading programs are those in which human 
participants interact with dolphins by remaining stationary and non-
buoyant. We will more fully examine the issue of interactive space 
requirements and human participant/attendant ratios for programs in 
which contact between humans and cetaceans is limited and controlled, 
with negligible movement of humans within the enclosure, and in the 
near future will publish a document in the Federal Register requesting 
information from the public concerning such programs.

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g).

    Done in Washington DC, this 6th day of October 1998.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-27368 Filed 10-13-98; 8:45 am]
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