Marine Mammal Protection Act Stranding Regulation Revisions
2008-03-28 2008-03-04 2008-03-25
NOAA-NMFS-2008-0020-0007 NOAA-NMFS-2008-0020-0003 NOAA-NMFS-2008-0020-0004
04:00:00 05:00:00 04:00:00
https://api.regulations.gov/v4/comments/NOAA-NMFS-2008-0020-0007 https://api.regulations.gov/v4/comments/NOAA-NMFS-2008-0020-0003 https://api.regulations.gov/v4/comments/NOAA-NMFS-2008-0020-0004
David Jason Anonymous
Casper Adams Anonymous
Comments on draft regulations? 216.27 Paragraph (a)  The components of a health certificate should include:A veterinary certification statement that:The animal is fit to travel by whatever means of transportation are going to beutilized.That the animal is in sufficient body condition for release.That the clinical laboratory values do not preclude release.That any conditions set forth by NMFS with regard to release criteria have been met.The method of transport should be listed in the certificate.There should be a place to add a consignee if the animal has to travel somedistance to another organization/venue prior to release.? 216.27(b) The need to facilitate scientific research:Most scientific studies have been conducted with Tursiops at public displayvenues or at the few research venues equipped to house cetaceans. By comparison, there is virtually nothing known about the other 65 species oftoothed whales. With the intent to further knowledge on cetacean species, there should be a veryhigh preferential priority placed upon requests by research facilities to hold,either temporarily or for long term, stranded cetaceans which would otherwise bereleased, go into public display, or be euthanized.  Animals should be able to be preferentially diverted to such use by means of anon-releasable or postponed release determination.  ? 216.27(c) Standardized Method for Making Disposition DecisionsThese determinations should be able to be made in a short time frame, involvethe NMFS Office of Protected Resources Coordinators, and be able to circumventmost impediments to achieve a rapid determination.A suggestion is that special consideration be given to those researchers orfacilities holding a special research designation.  Such a special research designation would entail a new category of researchpermit which, once granted, would allow opportunistic research under theauspices of the research institution?s own IACUC without the usual requirementfor de-novo review by NMFS for each instance or opportunity afforded by astranding event.  Under the current system, a research permit would have to be written in advance predicting all the conceivable events and opportunities which might conceivablypresent themselves. In addition, under the current system, these strandedanimals would immediately become research animals even though they had recentlystranded.  These animals have a high risk health status for several months orlonger post stranding.  By comparison, in captive display, a newborn cetacean isnot even added to the national database until it is six months old because ofthe high cetacean neonatal mortality rate.  A research permit for these specialfacilities would have to recognize the nature of the health challenges thatstranded animals present.  By illustration, marine mammal stranding centerswhich treat stranded animals are not given ?take? numbers.  A cetaceanresearch/rehabilitation facility should be considered in the same light.In ? 216.27(c)(6), Does NMFS need to  further define or clarify what activities would qualify as intrusive research on  a marine mammal undergoing rehabilitation, based on the definition in  ? 216.3, or qualify the proceduresfor  making this determination for animals  undergoing rehabilitation? See comments immediately below concerning IACUCsIACUC oversight: Should NMFS require Institutional Animal Care and Use Committee(IACUC) review before intrusive research occurs on animals in rehabilitation?  An Institutional Animal Care and Use Committee (IACUC) is a USDA registered Committee charged with the institutional oversight of animals and animal carepersonnel. USDA veterinarians regularly  inspect registered facilities to assurecompliance with animal regulations. The purpose of IACUC is to certify theproper care and use of animals as guided by the Animal Welfare Act. Whendischarging its oversight mission, an IACUC will actively engage to ensure thatall institutional personnel are in compliance with permits, protocols andapplicable guidelines for the humane care of animals.USDA registration and a properly constituted IACUC insure the legitimacy andhumanness of research.  If a rehabilitation facility is USDA registered researchfacility, it should be allowed to make the determination within theinstitution?s IACUC whether a procedure is intrusive research or is simplymedically warranted.  In many cases the answer is ambiguous.  NMFS should relyupon the institution?s IACUC to make these determinations.At institutions which are not research registered with the USDA and have noIACUC, it is more complicated.   A facility with only an animal care committee,for instance, does not have the same legal liability as a USDA registeredfacility.  Registered facilities have strictly defined roles for IACUCmembership and administrative oversight culminating in the InstitutionalOfficial who is criminally liable for failure to comply with federalregulations.  NMFS desires to explore the requirement for IACUCs in the care ofanimals in rehabilitation.  The key to understanding the effectiveness of IACUCsis to realize that it is dependent upon the very real liability of anInstitutional Official who is him/herself able, by virtue of his/her position todiscipline, sanction, and/or halt any activity in question.  For institutionswhich are not registered as research facilities with the USDA, NMFS shouldexplore providing an optional proxy IACUC comprised of participants in the NMFSnational stranding network, which would report directly to the NMFS Office ofProtected Resources.  This proxy IACUC could provide service to strandingnetworks which do not have USDA research registration.  The InstitutionalOfficial would, in effect, be replaced by the Stranding Network Coordinator, whohas the power to move the agency towards revocation of a letter of agreement. This arrangement would provide consistency, affordability, and expertise in thedetermination of whether procedures are intrusive research or medicallywarranted.  IACUCs can perform very quickly utilizing a process of  ?DesignatedMember Review? that need not be explained in this text.? 216.27(c)(5), Should marine  mammals undergoing rehabilitation or  pendingdisposition determination be  subject to public viewing?It should be the decision of the institution whether animals underrehabilitation are available for public viewing.However, should the decision be made to allow public viewing, then the animalsmust be held to public display regulations.Any deviations from public display regulations must comply with 9 CFR:(Text from :9 CFR ?3.104) Space requirements:(a) General. Marine mammals must be housed in primary enclosures that complywith the minimum space requirements prescribed by this part. These enclosuresmust be constructed and maintained so that the animals contained within areprovided sufficient space, both horizontally and vertically, to be able to makenormal postural and social adjustments with adequate freedom of movement, in orout of the water. (An exception to these requirements is provided in ?3.110(b)for isolation or separation for medical treatment and/or medical training.)Enclosures smaller than required by the standards may be temporarily used fornonmedical training, breeding, holding, and transfer purposes. If maintenance insuch enclosures for nonmedical training, breeding, or holding is to last longerthan 2 weeks, such extension must be justified in writing by the attendingveterinarian on a weekly basis. If maintenance in such enclosures for transferis to last longer than 1 week, such extension must be justified in writing bythe attending veterinarian on a weekly basis. Any enclosure that does not meetthe minimum space requirement for primary enclosures (including, but not limitedto, medical pools or enclosures, holding pools or enclosures, and gated sidepools smaller than the minimum space requirements) may not be used for permanenthousing purposes. Rotating animals between enclosures that meet the minimumspace requirements and enclosures that do not is not an acceptable means ofcomplying with the minimum space requirements for primary enclosures.Thank you for the opportunity to comment. Ive seen nothing in these provisions indicating federal funding for meeting these guidelines.  Consideration must be given to the financial responsibility of responding to marine strandings for species which are not endangered nor threatened. Funding availibility, beyond the meger Prescott grant program, is critical in order to comply with these regulations. This is a general public comment regarding RIN 0648-AW22