C.F.R. » Title 9 » CHAPTER I—ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE › SUBCHAPTER A—ANIMAL WELFARE › PART 3—STANDARDS › Subpart E—Specifications for the Humane Handling, Care, Treatment, and Transportation of Marine Mammals

9 C.F.R. § 3.109

Separation

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Marine mammals, whenever known to be primarily social in the wild, must be housed in their primary enclosure with at least one compatible animal of the same or biologically related species, except when the attending veterinarian, in consultation with the husbandry/training staff, determines that such housing is not in the best interest of the marine mammal's health or well-being. However, marine mammals that are not compatible must not be housed in the same enclosure. Marine mammals must not be housed near other animals that cause them unreasonable stress or discomfort or interfere with their good health. Animals housed separately must have a written plan, approved by the attending veterinarian, developed in consultation with the husbandry/training staff, that includes the justification for the length of time the animal will be kept separated or isolated, information on the type and frequency of enrichment and interaction, if appropriate, and provisions for periodic review of the plan by the attending veterinarian. Marine mammals that are separated for nonmedical purposes must be held in facilities that meet minimum space requirements as outlined in § 3.104.

[66 FR 253, Jan. 3, 2001]
Notes of Decisions
Cited in 2 cases, 2015–2016 · leading case: Animal Legal Def. Fund v. U.S. Dep't of Agric., 789 F.3d 1206 (11th Cir. 2015).
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Animal Legal Def. Fund v. U.S. Dep't of Agric., 789 F.3d 1206 (11th Cir. 2015). “ALDF alleges these dolphins are not “biologically related” to her, as prescribed by 9 C.F.R. § 3.109 . B. Renewal of Seaquarium’s License Seaquarium received an AWA license from USDA.”
People for Ethical Treatment of Animals, Inc. v. Miami Seaquarium, 189 F. Supp. 3d 1327 (S.D. Fla. 2016). “” 9 C.F.R. § 3.109 . Thus, from a wide angle, the AWA deals with a subject similar to that addressed by the ESA: the protection of animals from people.”
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