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Title 9—Animals and Animal Products cu

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enclosure. The pool of water shall be at least 0.91 meters (3 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 minimum depth requirements cannot be used in the calculation of either the resting and social activity area or as part 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 be at least 2.44 meters (8 feet) by 3.66 meters (12 feet) with a minimum depth of 1.52 meters (5 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 pro

vided 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 twice the length of the average adult sea otter contained therein (measured from the tip of its nose to the tip of its tail) and the pool shall be not less than 0.91 meters (3 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 re: quired to accommodate the additional sea otters (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 fol; lowing 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 feet). This volume is satisfactory for one or two sea otters. For more than two sea otters, multiply one-half of the square of the sea otter's average adult length by 3.14

, then multiply by 0.91 meters (3 feet) (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 rest ing area for one or two sea otters shall be computed using the following method. Square the length of the average adult 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 square of the sea otter's average adult length by 3.14. Using 6.5 feet (the average adult length of a sea otter) the calculations for additional space will result in the following figures.

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TABLE V-ADDITIONAL SPACE REQUIRED FOR EACH SEA OTTER WHEN MORE THAN

PRIMARY ENCLOSURE

Pers

. (1) Priman :

Average adult length of sea otter

Es shall consiste a dry resting 1 e pool of wat

be at least 7

Meters

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Feet

Cubic meters

e average aduite

1.98

6.5

6.16

66.33

5.63

deep. When in are housed it Lire, additional

mmodate the si

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Btices.

length 1

erein (measure's to the tip ofisi (44 FR 36874, June 22, 1979, as amended at 45 FR 63261, Sept. 24, 1980) l be not les a ANIMAL HEALTH AND HUSBANDRY kept shall be fed to such mar STANDARDS

the public.

(d) Food preparation and 1 as pool relia 3.105 Feeding.

shall be conducted so as to eV).

(a) The food for marine mammals bacterial or chemical contaj qum volume shall be wholesome, palatable, and and to assure the wholesome rimary enris free from contamination, and shall be nutritive value of the food. Fro 11 be based o of sufficient quantity and nutritive or other frozen food shall be s Fult length 1. value to maintain all of the marine freezers which are maintain c'ater require mammals in a state of good health. maximum temperature of puted usiei The diet shall be prepared with con

(0°F.). The length of time iltiply these sideration for age, species, condition, stored and the method of sto -age adulti size, and type of marine mammal well as the thawing of froze Utiply they being fed. Marine mammals shall be shall be conducted in a manne 1). This mi offered food at least once a day, will

minimize contaminatio or two sul except as directed by veterinary treat- which will assure that the food cea otters ment or professionally accepted prac- nutritive value and wholesome

The thawed product shall be k (b) Food receptacles, if used, shall be or refrigerated until a reasonal 1 meters 1 located so as to be accessible to all before feeding. All foods shall

marine mammals in the same primary to the marine mammals wit dry restante enclosure and shall be placed so as to hours following the removal sea ots minimize contamination of the food

foods from the freezers for thaw contained therein. Such food receptaimum or cles shall be cleaned and sanitized 8 3.106 Water quality. Sea oltes after each use.

(a) General. The primary end (c) Food, when given to each marine mammal individually, shall be given

shall not contain water which by an employee or attendant responsi

be detrimental to the health ble to management who has the neces

marine mammal contained there sary knowledge to assure that each

(b) Bacterial standards. (1) Th marine mammal receives an adequate

form bacteria count of the prima quantity of food to maintain it in good

closure pool shall not exceed health. Such employee or attendant is

MPN (most probable number) p required to have the ability to recog

m). of water. Should a coliform nize deviations from a normal state of

rial count exceed 1,000 MPN, tw good health in each marine mammal

sequent samples may be taken so that the food intake can be adjust

hour intervals and averaged wit. ed accordingly. Public feeding shall be

first sample. If such average only permitted if it is done in the pres

does not fall below 1,000 MPN, ence and under the supervision of a

the water in the pool shall be de uniformed employee

attendant. unsatisfactory, and the condition Such employee or attendant must

be corrected immediately. assure that the marine mammals are

(2) When the water is chemi receiving the proper amount and type of food. Only food supplied by the fa

treated, the chemicals shall be a cility where the marine mammals are

so as not to cause harm or discor to the marine mammals.

otter's a

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Title 9—Animals and Animal Products (3) Water samples shall be taken and food for marine mammals shall be tested at least weekly for coliform count and at least daily for pH and

cleaned and sanitized after each feed any chemical additives (e.g. chlorine

ing, if the marine mammals are fed and copper) that are added to the

once a day, and at least daily if the water to maintain water quality stand

marine mammals are fed more than ards. Facilities using natural seawater

once a day. Kitchens and other food shall be exempt from pH and chemical

handling areas where animal food is testing unless chemicals are added to

prepared shall be cleaned at least once maintain water quality. However, they

daily and sanitized at least once every are required to test for coliforms. Rec

week. Sanitizing shall be accomplished W ords must be kept documenting the

by washing with hot water (82° C., 180° in time when all such samples were taken

F., or higher) and soap or detergent in ca and the results of the sampling. Rec

a mechanical dishwasher, or by wash

sp ords of all such test results shall be

ing all soiled surfaces with a detergent maintained by management for a 1.

solution followed by a safe and effec year period and must be made availa

tive disinfectant, or by cleaning all ble for inspection purposes on request.

soiled surfaces with live steam. Sub(c) Salinity. Primary enclosure pools

stances such as cleansing and sanitizof water shall be salinized for marine

ing agents, pesticides, and other potencetaceans as well as for those other

tially toxic agents must be stored in marine mammals which require salin

properly labeled containers away from ized water for their good health and

food preparation surface areas. well-being. The salinity of the water in

(c) Housekeeping. such pools shall be maintained within

grounds, as well as exhibit areas, shall

th a range of 15-36 parts per thousand.

be kept clean and in good repair

.

502 (d) Filtration and water flow. Water

Fences shall be maintained in good quality must be maintained by filtra

repair. Primary enclosures housing JUE tion, chemical treatment, or other

marine mammals shall not have any means so as to comply with the water

loose objects, sharp projections, and/ quality standards specified in this sec

or edges which may cause injury or tion.

trauma to the marine mammals con

SISE tained therein.

Tih 8 3.107 Sanitation.

(d) Pest control. A safe and effective (a) Primary enclosures. (1) Animal

program for the control of insects, ecand food waste in areas other than the

V.

toparasites, and avian and mammalian pool of water shall be removed from

nae the primary enclosure at least daily,

pests shall be established and main

ate and more often when necessary to pre

tained. Insecticides or other such

tra vent contamination of the marine

chemical agents shall not be applied in

TOE mammals contained therein and to

a primary enclosure housing marine

att minimize disease hazards.

mammals except when deemed essen(2) Particulate animal and food

tial by an attending veterinarian. waste, trash, or debris that enter the

8 3.108 Employees or attendants. primary enclosure pool of water shall be removed as often as necessary to

A sufficient number of adequately maintain the required water quality and to prevent health hazards to the

sponsible to management shall be uti

trained employees or attendants re. marine mammals contained therein.

lized to maintain the prescribed level (3) The wall and bottom surfaces of

of husbandry practices set forth in the primary enclosure pool of water

this subpart. Such practices shall be

Deri shall be cleaned as often as necessary

marine mammal caretaker who has a

conducted under the supervision of a to maintain proper water quality.

12 (b) Food preparation areas and food

background in marine mammal hus. receptacles. Containers, such as buck

bandry and care. Training of marine ets, tubs, and tanks, as well as utensils,

mammals shall be done by or under such as knives and cutting boards, or

the direct supervision of experienced any other equipment which has been

trainers without physical punishment used for holding, thawing or preparing

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containers an
surface area

marine mammas $ 3.109 Separation.
d sanitized altera

Marine mammals which are not
marine mamma

compatible shall not be housed in the and at least die

same enclosure. Marine mammals mmals are fed u shall not be housed near animals that

Kitchens and a would cause them stress or discomfort, eas where and

or interfere with their good health.
_ll be cleanedata Captive marine mammals must be
nitized at least a given access to other animals except
Eng shall be act when they are temporarily maintained
Eth hot water & in isolation for such purposes as medi-
and soap or dia cal treatment or training and given
lishwasher

, ut special attention.
urfaces with a
ed by a sait $3.110 Veterinary care.

(a) Programs of disease prevention,
with live sta parasite control, euthanasia, and ade-
cleansing a quate veterinary care for all marine
cides

, and ots mammals shall be established and Ets must be s maintained under the supervision of

an attending veterinarian.

(b) Marine mammals shall be obIng. Buildirserved daily by the person in charge of 5 exhibit at the care of the marine mammals or by nd in 800 someone working under his direct sumaintained i pervision. Sick or diseased, stressed, inenclosures 3 jured, or lame marine mammals shall hall not be be provided with adequate veterinary

or humanely destroyed, when
y cause it necessary, unless such action is incon-

sistent with the research purposes for
which the marine mammal was ob-
tained and is being held.

(c)(1) In the case of a research facili-
ty, the program of adequate veteri-
nary care shall include the appropri-
ate use of anesthetic, analgesic, for
tranquilizing drugs, when such use
would be proper in the opinion of the
attending veterinarian of the research
facility. The use of these three classes
of drugs shall be in accordance with
currently accepted veterinary medical
practices. The drugs used shall be
those which are expected to produce
in the individual subject animal as
high a level of tranquilization, anes-
thesia, or analgesia as is consistent
with the protocol or design of the ex-
periment.

(2) It shall be incumbent upon each
research facility through its Animal
Care Committee and attending veter-
inarian to provide guidelines and con-
sultation to research personnel with
respect to the type and amount of
tranquilizers, anesthetics, or analge-
sics recommended as being appropri-

ate for each species of maz mals used by that institution

(d) Newly acquired marine shall be isolated from reside mammals until such newly marine mammals can be r determined to be in good he communicable disease condi newly acquired marine mam be remedied before it is pla other resident marine mamm:

(e) Any primary enclosure ing a marine mammal with tious or contagious disease cleaned and sanitized in the prescribed by the attending ian. No additional animals sh. troduced into the primary e prior to such cleaning and s procedures. Any marine man posed to a diseased animal sha lated for observation for an a ate period of time as determ the attending veterinarian.

(f) Temporary holding facilit adequately and properly pools, tanks, restraining device mary enclosures shall be prov isolation, medication, treatme other purposes such as trans training of marine mammal pools, tanks and primary end may be less than minimum both lateral dimensions and when used in special situation prescribed by the professional s temporary usage.

(g) A complete necropsy m conducted by or under the dir pervision of a veterinarian marine mammals that die in caj A necropsy report must be pr by the veterinarian listin pathologic lesions observed and the apparent cause of death. Al nostic tests conducted on post m specimens shall be listed in the r and the results of each test rec The management of the facili which the marine mammal died, maintain these necropsy records period of 3 years and present th Department inspectors when re ed.

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§ 3.111 Handling.

(a) Handling marine mammals be done as expeditiously and care

to

as possible in a manner that does not ards: Provided, however, That any carcause unnecessary discomfort, over- rier or intermediate handler may heating, behavioral stress, or physical accept for transportation or transport

, harm. Care should also be exercised to

in commerce, any marine mammal avoid harm to the handlers of such consigned by any department, agency, marine mammals.

or instrumentality of the United (b) Marine mammals shall only be States having laboratory animal facili displayed for periods of time and ties or exhibiting animals or any i under conditions consistent with their censed or registered dealer, research good health, and well-being. A respon- facility, exhibitor, or operator of an sible uniformed employee or attendant auction sale if the consignor furnishes must be present at all times during pe- to the carrier or intermediate handler riods of public contact.

a certificate, signed by the consignor, (c) During public display, all marine stating that the primary enclosure mammals must be handled so that complies with $ 3.113 of the standards

, there is minimal risk of harm to the unless such primary enclosure is obvipublic or the marine mammal, with ously defective or damaged and it is sufficient distance allowed, or barriers

apparent that it cannot reasonably be placed between the marine mammal expected

contain the marine and the viewing public to assure safety mammal without causing suffering or to both the public and the marine

injury to such marine mammal. A mammal. Performing marine mam- copy of such certificate shall accompamals shall be allowed a rest period be

ny the shipment to destination. The tween performances at least equal to certificate shall include at least the the time for one performance.

following information: TRANSPORTATION STANDARDS

(1) Name and address of the consign

or; 8 3.112 Consignments to carriers and in

(2) The number of animals in the termediate handlers.

primary enclosure(s); (a) Carriers and intermediate han.

(3) A certifying statement (e.g., “I

hereby certify that the dlers shall not accept any marine mammal presented by any dealer, re

(number) primary enclosure(s) which search facility, exhibitor, operator of

are used to transport the animal(s) in an auction sale, or other person, or

this shipment complies (comply) with

USDA standards for primary encloany department, agency, or instrumentality of the United States or any

sures (9 CFR Part 3).”); and State or local government for ship

(4) The signature of the consignor,

and date. ment, in commerce, more than 4 hours prior to the scheduled departure of

(c) Carriers or intermediate handlers

whose facilities fail to meet the minithe primary conveyance on which it is to be transported: Provided, however,

mum temperature allowed by the That the carrier or intermediate han

standards may accept for transportadler and any dealer, research facility,

tion or transport, in commerce, any

marine mammal consigned by any de exhibitor, operator of an auction sale, or other person, or any department,

partment, agency, or instrumentality agency, or instrumentality of the

of the United States or of any State of United States of any State or local

local government, or by any person government may mutually agree to

(including any licensee or registrant extend the time of acceptance to not

under the Act, as well as any private more than 6 hours if specific prior

individual) if the consignor furnishes scheduling of the animal shipment to

to the carrier or intermediate handler destination has been made.

a certificate executed by a veterinar(b) Any carrier or intermediate han

lan accredited by this Department dler shall only accept for transporta

pursuant to Part 160 of this title on & tion or transport, in commerce, any

specified date which shall not be more marine mammal in a primary enclo

than 10 days prior to delivery of such sure which conforms to the require

animal for transportation in com.

merce, ments set forth in 3.113 of the stand

stating that such marine mammal is acclimated to air tempera

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