[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4443-4446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02485]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG500


Marine Mammals; Administration of the National Inventory of 
Marine Mammals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

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SUMMARY: The Marine Mammal Protection Act of 1972 (MMPA) requires the 
National Marine Fisheries Service (NMFS) to establish and maintain an 
inventory of marine mammals in zoos and aquariums. The Office of 
Protected Resources maintains the inventory for marine mammals under 
NMFS' jurisdiction including cetaceans and pinnipeds [excluding walrus 
(Odobenus rosmarus)]. The MMPA requires that the holders of marine 
mammals in human care provide the inventory data. We propose to make 
our current database, the National Inventory of Marine Mammals (NIMM), 
accessible to holders of marine mammals for inventory reporting and to 
the public for access to the inventory data, which is regularly 
requested through the Freedom of Information Act (FOIA). NMFS is 
requesting public comment on proposed policies and procedures for the 
administration and maintenance of the online inventory database, NIMM, 
including maintenance of historical information, reporting births and 
stillbirths, reporting cause of death, and other administrative 
procedures for NIMM.

DATES: Comments must be received by 11:59 p.m. Eastern on April 16, 
2019.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2019-0012, 
by any of the following methods:
     Electronic Submission: Submit electronic public comments 
via the Federal e-Rulemaking Portal www.regulations.gov. To submit 
comments via the e-Rulemaking Portal, enter NOAA-NMFS-2019-0012 in the 
keyword search. Locate the document you wish to comment on from the 
resulting list and click on the ``Comment Now'' icon on the right of 
that line.
     Mail: Comments on the application should be addressed to: 
Permits and Conservation Division, Office of Protected Resources, NMFS, 
1315 East-West Highway, Room 13705, Silver Spring, MD 20910; ATTN: 
Jolie Harrison, Chief, Permits and Conservation Division.
     Fax: (301) 713-0376; ATTN: Jolie Harrison, Chief, Permits 
and Conservation Division, Office of Protected Resources.
    Instructions: Comments must be submitted by one of the above 
methods. All comments received are a part of the public record and will 
generally be posted for public viewing on www.regulations.gov without 
change. All personal identifying information (e.g., name, address, 
etc.) submitted voluntarily by the sender will be publicly accessible. 
Do not submit confidential business information, or otherwise sensitive 
or protected information. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Amy Sloan, [email protected], (301) 
427-8401.

SUPPLEMENTARY INFORMATION: 

Statutory Authority

    Prior to 1994, inventory reporting was required as part of special 
exception permits issued under Section 104 of the MMPA (16 U.S.C. 1361 
et seq.). These permits incorporated conditions associated with 
maintenance of marine mammals and required animal-specific inventory 
reporting (e.g., animal identifiers, sex, transports, births of 
progeny, and death); and, permit-specific data (e.g., permit number, 
collector, and location of collection or import). In 1994, the MMPA was 
amended to remove NMFS' (and the U.S. Fish and Wildlife Service's, or 
USFWS) jurisdiction over the handling, care, transport, and related 
reporting requirements for marine mammals held for public display 
purposes; this is now under the sole jurisdiction of the U.S. 
Department of Agriculture's Animal and Plant Health Inspection Service 
(APHIS) under the Animal Welfare Act of 1966 (7 U.S.C. 2131 et seq.) 
and its implementing regulations (9 CFR 3.100 to 3.118). The 1994 
amendments added the requirement for NMFS (and USFWS) to establish and 
maintain a marine mammal inventory that includes information on 
individual marine mammals in human care for public display, or those 
transferred from public display for scientific research or enhancement 
purposes. Section 104(c)(10) of the MMPA requires holders (i.e., Owners 
\1\ and Facilities \2\) report the following inventory data for each 
individual marine mammal:
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    \1\ Person or institution with legal custody of the animal.
    \2\ Physical location of the animal.
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     Animal name or other identification,
     Sex,
     Estimated or actual birth date,
     Date animal enters and leaves a collection,
     Source of the animal,
     Name of recipient,
     Whether the animal is from a stranding, and
     Date and cause of death (when determined).
    In addition, section 104(c)(8) of the MMPA (also established in the 
1994 amendments) requires marine mammal holders to report the birth of 
a marine mammal within 30 days of the birth. Owners and Facilities must 
also give notice 15 days before transferring ownership or physically 
transporting a marine mammal to another facility [MMPA sections 
104(c)(2)(E) and 104(c)(8)(B)(i)(II)], and must verify the transfer or 
transport within 30 days of the event.
    Currently, owners and facilities submit a form to report inventory 
changes (OMB No. 0648-0084; https://www.fisheries.noaa.gov/national/marine-mammal-protection/national-inventory-marine-mammals), and NMFS' 
Office of Protected Resources staff enters the inventory information 
into a database. The current web based platform, NIMM, was developed in 
2014 to replace an outdated DOS-based system; data from the old system 
was migrated to NIMM. From August to November 2017, we made NIMM 
available online to zoos and aquariums to review and correct existing 
inventory data and to enter new data. During that time we recognized 
the need to clarify policies and procedures, as presented in this 
notice, and decided to take NIMM offline until we finalized these 
policies.
    NIMM serves as the current data repository containing data obtained 
since 1972 and reflects the inventory reporting requirements outlined 
as part of permit conditions (pre-1994) and the inventory requirements 
required as a result of the 1994 amendments to the MMPA. The inventory 
data maintained by NMFS since 1972 are public information accessible 
via FOIA (5 U.S.C. 552).
    We propose to make NIMM an accessible online system to (1) give 
marine mammal Owners and Facilities access rights to verify and correct 
their data and report inventory changes (in

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lieu of submitting a form for NMFS staff to enter), and (2) allow 
members of the public read-only access and the ability to download 
inventory reports from NIMM (in lieu of requesting information via 
FOIA).
    Below we outline proposed policies and procedures for the use and 
administration of NIMM. Input received from the public will be 
considered prior to making NIMM available to holders and the public, 
and for updating the OMB 0648-0084 instructions for inventory 
reporting, which expire December 31, 2019. A separate Federal Register 
notice will be available during the process for renewing and updating 
the OMB 0648-0084 instructions.

Maintenance of Historical Data

    We propose to continue to maintain historical data in NIMM as well 
as contemporary data. Holders (i.e., Owners and Facilities) would be 
able to correct historical data if errors were identified, including 
existing animal names, animal identification numbers (IDs), and other 
data. Names and IDs would not be deleted but could be updated 
independently of other actions and a history of name and ID changes 
would be maintained. For new data (e.g., births, transfers, and 
transports), holders must provide either an animal ID or name, but 
could chose to report both.
    As mentioned above, historical data prior to 1994 was provided to 
NMFS as part of reporting conditions associated with special exception 
permits issued under Section 104 of the MMPA (for public display, 
scientific research, or enhancement). Data after the 1994 amendments 
was provided as required by the added section 104(c)(10) inventory 
requirements. NIMM is NMFS' record for all inventory data--past, 
present, and future.
    As set out by Congress, the inventory tracks the history of 
individual marine mammals over time (e.g., when they are captured or 
born, when and to where they are transported) up to and after the death 
of that animal (i.e., cause of death must be reported ``when 
determined,'' which may be months depending on analyses performed). 
NMFS maintains associated hard copy and electronic records separate 
from NIMM, and the goal is to eliminate those duplicative records so 
that NIMM can be the official record in one electronic format. If 
historical information were removed from NIMM, it would no longer 
provide a complete history of the marine mammals subject to the 
inventory over time, and would defeat the purpose of having a publicly 
accessible database, as NMFS would still be required to perform hard 
copy searches for inventory data to respond to FOIA inquires.

Reporting Births and Stillbirths

    We propose to clarify the requirements for reporting births and 
stillbirths for purposes of the inventory. As noted above, the MMPA 
requires that Owners and Facilities report births of progeny within 30 
days after the birth. The Act does not explicitly address stillbirths. 
We propose that any offspring alive at the time of birth must be 
reported to the inventory regardless of how long it survives. 
Similarly, the death of such offspring, no matter how long it lives, 
must be reported. We believe that the intent of the inventory is to 
track animals over their lifetime because the inventory requires both 
birth and death information. We recognize the need to clarify for the 
purposes of NIMM, and are seeking public comment on, whether only live 
births should be reported to the inventory or if stillbirths should 
also be reported; and, whether and how they should be distinguished.
    The definition of stillbirth is not consistently defined within 
zoological or veterinary scientific literature. Some marine mammal 
holders define stillbirths as when the fetus or neonate dies before 
(i.e., late-term miscarriage), during, or within 24-48 hours after 
birth (e.g., Bergfelt et al. 2011). Marine mammal holders have also 
noted, though, that the majority of neonatal deaths [of bottlenose 
dolphins (Tursiops truncatus)] within the first 24 hours of life are 
primarily attributed to trauma from maternal or conspecific aggression 
(Sweeney et al. 2010). Studies of domesticated animals such as pigs 
(Alonso-Spilsbury et al. 2005) and cattle (Philipsson et al. 1998) 
reflect the perinatal definition of stillbirth. In dogs and cats, 
conversely, stillbirth has been defined as a full term neonate born 
dead (Lamm et al. 2012). Similarly, captive polar bears have been 
labeled as stillborn if listed by the breeding studbook as living 0.00 
years (i.e., never alive) (Curry et al. 2015). Fetal deaths can occur 
during distinct gestational periods. Early term pregnancies that fail 
are either naturally aborted (miscarried) or reabsorbed into the body. 
NMFS recognizes that miscarriages occur naturally across mammalian 
taxa, including marine mammals. However, late-term fetuses are more 
likely to be born alive, especially with monitoring and care of the 
mother throughout the pregnancy. Immature neonates can be anticipated 
by following fetal maturation and growth using diagnostic ultrasound, 
thus, husbandry intervention opportunities may increase neonate 
survivorship (Sweeney et al. 2010).
    Stillbirths and neonatal deaths have been under-reported to some 
marine mammal zoological studbook keepers (e.g., Curry et al. 2015, 
Mason 2010). Until now, NMFS has not explicitly defined birth and/or 
stillbirth for purposes of the inventory, and both have been reported 
inconsistently (Temte 1993). To provide clarity in MMPA inventory 
reporting requirements, we propose to define a birth as ``the emergence 
of a living marine mammal from the body of its mother, regardless of 
how long it survives,'' and stillbirth as ``the emergence of a dead 
fetus from the body of its mother including late-term miscarriages.'' 
We are seeking public comment on these definitions and propose to 
standardize guidance for such inventory reporting after consideration 
of public comment on this topic.

Reporting Cause of Death

    We propose to standardize cause of death reporting in NIMM as 
described in Table 1 below. Owners and Facilities may update existing 
data already in NIMM to conform to the proposed, two-tiered 
standardized reporting.
    Cause of death data has not been reported consistently nor have we 
provided Owners and Facilities with clear guidance in the past. The 
electronic database previous to NIMM included only four categories 
associated with cause of death: ``Euthanasia (life-threatening 
condition involving pain/suffering),'' ``Euthanasia (other),'' 
``Premature/Stillbirth,'' and ``Other Cause.'' The majority of data 
include ``Other Cause,'' which were reported via filling out a text 
field (post-1994) or providing necropsy reports (pre-1994). As a 
result, causes of death reported by Owners and Facilities have 
historically included various levels of detail. In an effort to 
standardize the reporting of deaths, we propose categories in lieu of 
ad libitum reports of death as provided in the text field.
    We propose these standard categories as a two-tier system (below) 
that reflects the body system or circumstance of the cause of death 
(Tier 1) with the significant findings underlying that body system or 
circumstance (Tier 2). The following categories were developed in 
consultation with NMFS and APHIS veterinarians and the U.S. Marine 
Mammal Commission, and are reflective of comparable research that 
examines animal mortality trends (e.g., Grieg et al. 2005, Colgrove et 
al. 2005).

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 Table 1--Proposed Standardized NIMM Tiered Categories for Reporting for
                  Marine Mammal Primary Causes of Death
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    Tier 1: Body system or      Tier 2: Significant findings * = details
         circumstance                       must be provided
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Cardiovascular...............  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Euthanasia; Infectious--
                                Bacterial; Infectious--Fungal;
                                Infectious--Viral; Inflammatory;
                                Metabolic; Infectious--Parasitic; Toxic;
                                Vascular; Other *.
Dermatologic.................  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Euthanasia; Infectious--
                                Bacterial; Infectious--Fungal;
                                Infectious--Parasitic; Infectious--
                                Viral; Inflammatory; Metabolic; Toxic;
                                Vascular; Other *.
Endocrine....................  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Euthanasia; Infectious--
                                Bacterial; Infectious--Fungal;
                                Infectious--Parasitic; Infectious--
                                Viral; Inflammatory; Metabolic; Toxic;
                                Vascular; Other *.
External Factor..............  Adverse Drug Reaction; Anesthetic/
                                Sedation Death; Drowning; Euthanasia;
                                Husbandry Related; Hypothermia;
                                Hyperthermia; Indeterminate; Transport
                                Related; Other *.
Gastrointestinal.............  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Euthanasia; Infectious--
                                Bacterial; Infectious--Fungal;
                                Infectious--Viral; Inflammatory;
                                Metabolic; Infectious--Parasitic; Toxic;
                                Vascular; Malnutrition; Foreign Body
                                Ingestion/Impaction; Other *.
Geriatric/Age-Related Death..  Euthanasia *; Other *.
Liver........................  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Euthanasia; Infectious--
                                Bacterial; Infectious--Fungal;
                                Infectious--Viral; Inflammatory;
                                Metabolic; Infectious--Parasitic; Toxic;
                                Vascular; Other *.
Lymphatic....................  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Euthanasia; Infectious--
                                Bacterial; Infectious--Fungal;
                                Infectious--Parasitic; Infectious--
                                Viral; Inflammatory; Metabolic; Toxic;
                                Vascular; Other *.
Musculoskeletal..............  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Euthanasia; Infectious--
                                Bacterial; Infectious--Fungal;
                                Infectious--Parasitic; Infectious--
                                Viral; Inflammatory; Metabolic; Toxic;
                                Vascular; Trauma/Serious Injury; Other
                                *.
Neurological.................  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Euthanasia; Infectious--
                                Bacterial; Infectious--Fungal;
                                Infectious--Viral; Inflammatory;
                                Metabolic; Infectious--Parasitic; Toxic;
                                Vascular; Other *.
Perinatal....................  Dystocia; Euthanasia; Failure to Thrive;
                                Premature Death; Parental Neglect;
                                Spontaneous Abortion; Other *.
Reproductive.................  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Infectious--Bacterial;
                                Infectious--Fungal; Infectious--Viral;
                                Inflammatory; Metabolic; Infectious--
                                Parasitic; Toxic; Vascular; Other *.
Respiratory..................  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Euthanasia; Infectious--
                                Bacterial; Infectious--Fungal;
                                Infectious--Parasitic; Infectious--
                                Viral; Inflammatory; Metabolic; Toxic;
                                Vascular; Other *.
Sepsis.......................  Bacterial; Fungal; Viral; Parasitic;
                                Other *.
Trauma/Serious Injury........  Exhibit Related; Human Inflicted;
                                Interspecific; Conspecific/
                                Intraspecific; Natural Event; Parental
                                Behavior; Self-Inflicted; Other *.
Undetermined *...............  No secondary tier categories provided;
                                additional details are required.
Urogenital...................  Cancer/Neoplastic--Metastatic; Cancer/
                                Neoplastic--Primary; Congenital;
                                Degenerative; Euthanasia; Infectious--
                                Bacterial; Infectious--Fungal;
                                Infectious--Viral; Inflammatory;
                                Metabolic; Infectious--Parasitic; Toxic;
                                Vascular; Other *.
------------------------------------------------------------------------

    The categories identified under each tier are meant to be broad and 
encompass the primary, or leading, cause of death for the animal. For 
the categories denoted by an asterisk (*), additional information would 
be reported in a text box to clarify the cause of death. Definitions 
and guidance for each category would be included in a User Guide for 
both Owners/Facilities and the public. We seek public comment on each 
of the Tier 1 and Tier 2 cause of death categories within Table 1 and 
will consider comments prior to finalizing our guidance. Specifically, 
we are interested in knowing if categories in either tier are missing, 
and if key information should be included when defining the Tier 2 
categories.
    Consistent with the 1998 Memorandum of Understanding (MOU) 
established between NMFS, USFWS, and APHIS, inventory information is 
available to and shared with APHIS. NMFS notifies APHIS when any 
changes to marine mammal collections, including deaths and underlying 
causes, are reported. APHIS has discretion to follow-up directly with 
marine mammal facilities based on mortality information provided to the 
inventory.

Pending Transfers and Transports

    We propose to utilize NIMM as a mechanism for Owners and Facilities 
to notify NMFS of pending transfers (change in ownership) and 
transports (physical change in location). The MMPA requires a 15-day 
prior notification of such actions under sections 104(c)(2)(E) and 
104(c)(8)(B)(i)(II).
    In some cases, proposed transfers and transports are never carried 
out for various reasons including identification of multiple animals 
for transport (only a select number are actually shipped), medical or 
behavioral considerations, and collection planning changes. Because the 
inventory is intended to reflect actual ownership and location data, 
pending transfers and transports would not be viewable to the public in 
NIMM until after they occur and have been confirmed by the receiving 
Owner/Facility. As is the case currently, pending notifications for 
transfer or transport could be requested through FOIA.

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Owner and Facility Data Review/Verification and Data Disclaimer

    We propose to provide Owners and Facilities the ability in NIMM to 
indicate for each of their animal records whether their data has been 
reviewed, updated, and verified using records in their possession. 
These review fields would enable Owners and Facilities the option to 
provide additional assurances regarding the quality of their data. The 
proposed Owner/Facility review fields include:
     Data certified correct--data has been reviewed and is 
correct, and/or errors were found and corrected by the Owner or 
Facility;
     Data reviewed with errors--data has been reviewed and 
errors have been identified but not corrected;
     Data cannot be certified correct--data has been reviewed 
but data cannot be confirmed correct (e.g., because the original 
records are no longer available); and
     Data not reviewed--the Owner or Facility indicates the 
data has not been reviewed for that animal, and thus, the accuracy of 
the data cannot be confirmed.
    The review field would be left blank if no action has been taken by 
an Owner or Facility. Data submitted for inventory purposes in NIMM 
could not be provided by third parties or entered by NMFS from sources 
other than the marine mammal holders (e.g., websites or media/news 
releases); a marine mammal Owner or Facility must provide the data. 
However, information provided by third parties or found in the public 
domain may be submitted to Owners and Facilities for their review and 
appropriate action in compliance with the MMPA.
    The inventory has gone through numerous data migrations and we 
acknowledge errors may exist. This may be particularly true for 
historical data where data cannot be recovered or verified (e.g., for 
facilities that no longer exist). In addition to providing users an 
option to indicate the accuracy of their data, we propose a disclaimer 
regarding the integrity of the NIMM inventory data as follows: ``The 
data in NIMM, going back to 1972, has gone through numerous database 
migrations and errors may exist. There may be data that cannot be 
recovered or verified. NMFS relies on data self-reported by marine 
mammal Owners and Facilities. NMFS cannot provide any guarantee as to 
the accuracy, reliability, or completeness of information.''

Request for Comments and Other Information

    NMFS requests substantive comments and information regarding the 
above-proposed policies and procedures for implementing NIMM. We 
request that comments be specific and supported by scientific 
literature where appropriate to inform our decision-making. Comments 
must be received by 11:59 p.m. on April 16, 2019, to be considered.

References

Agreement among the National Marine Fisheries Service, NOAA, U.S. 
Department of Commerce; Fish and Wildlife Service, U.S. Department 
of the Interior; and APHIS, USDA (July 21, 1998).
Alonso-Spilsbury, M., Mota-Rojas, D., Villanueva-Garc[iacute]a, D., 
Mart[iacute]nez-Burnes, J., Orozco, H., Ram[iacute]rez-Necoechea, 
R., & Trujillo, M. E. (2005). Perinatal asphyxia pathophysiology in 
pig and human: a review. Animal Reproduction Science, 90(1-2), 1-30.
Bergfelt, D. R., Steinetz, B. G., Lasano, S., West, K. L., Campbell, 
M., & Adams, G. P. (2011). Relaxin and progesterone during pregnancy 
and the post-partum period in association with live and stillborn 
calves in bottlenose dolphins (Tursiops truncatus). General and 
Comparative Endocrinology, 170(3), 650-656.
Colegrove, K. M., Greig, D. J., & Gulland, F. M. (2005). Causes of 
live strandings of northern elephant seals (Mirounga angustirostris) 
and Pacific harbor seals (Phoca vitulina) along the central 
California coast, 1992-2001. Aquatic Mammals, 31(1), 1-10.
Curry, E., Safayi, S., Meyerson, R., & Roth, T. L. (2015). 
Reproductive trends of captive polar bears in North American zoos: a 
historical analysis. Journal of Zoo and Aquarium Research, 3(3), 99-
106.
Greig, D. J., Gulland, F. M., & Kreuder, C. (2005). A decade of live 
California sea lion (Zalophus californianus) strandings along the 
central California coast: Causes and trends, 1991-2000. Aquatic 
Mammals, 31(1), 11-22.
Lamm, C. G., & Njaa, B. L. (2012). Clinical approach to abortion, 
stillbirth, and neonatal death in dogs and cats. Veterinary Clinics: 
Small Animal Practice, 42(3), 501-513.
Mason, G. J. (2010). Species differences in responses to captivity: 
stress, welfare and the comparative method. Trends in Ecology & 
Evolution, 25(12), 713-721.
Philipsson, J., Steinbock, L., & Berglund, B. (1998). Considering 
stillbirths in the breeding program? Interbull Bulletin, 18, 25-27.
Sweeney, J. C., Stone, R., Campbell, M., McBain, J., Leger, J. S., 
Xitco, M., & Ridgway, S. (2010). Comparative survivability of 
Tursiops neonates from three U.S. institutions for the decades 1990-
1999 and 2000-2009. Aquatic Mammals, 36(3) 248-261.
Temte, J. L. (1993). The Marine Mammal Inventory Report: independent 
verification of a captive marine mammal database. Marine Mammal 
Science, 9(1), 95-98.

    Dated: February 12, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2019-02485 Filed 2-14-19; 8:45 am]
 BILLING CODE 3510-22-P