[Code of Federal Regulations]

[Title 50, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 50CFR216.27]



[Page 36-38]

 

                    TITLE 50--WILDLIFE AND FISHERIES

 

  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 

           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

 

PART 216_REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS

--Table of Contents

 

                      Subpart C_General Exceptions

 

Sec. 216.27  Release, non-releasability, and disposition under special 

exception permits for rehabilitated marine mammals.



    (a) Release requirements. (1) Any marine mammal held for 

rehabilitation must be released within six months of capture or import 

unless the attending veterinarian determines that:

    (i) The marine mammal might adversely affect marine mammals in the 

wild;

    (ii) Release of the marine mammal to the wild will not likely be 

successful given the physical condition and behavior of the marine 

mammal; or

    (iii) More time is needed to determine whether the release of the 

marine mammal to the wild will likely be successful. Releasability must 

be reevaluated at intervals of no less than six months until 24 months 

from capture or import, at which time there will be a rebuttable 

presumption that release into the wild is not feasible.

    (2) The custodian of the rehabilitated marine mammal shall provide 

written notification prior to any release into the wild.

    (i) Notification shall be provided to:

    (A) The NMFS Regional Director at least 15 days in advance of 

releasing any beached or stranded marine mammal, unless advance notice 

is waived in writing by the Regional Director; or



[[Page 37]]



    (B) The Office Director at least 30 days in advance of releasing any 

imported marine mammal.

    (ii) Notification shall include the following:

    (A) A description of the marine mammal, including its physical 

condition and estimated age;

    (B) The date and location of release; and

    (C) The method and duration of transport prior to release.

    (3) The Regional Director, or the Office Director as appropriate, 

may:

    (i) Require additional information prior to any release;

    (ii) Change the date or location of release, or the method or 

duration of transport prior to release;

    (iii) Impose additional conditions to improve the likelihood of 

success or to monitor the success of the release; or

    (iv) Require other disposition of the marine mammal.

    (4) All marine mammals must be released near wild populations of the 

same species, and stock if known, unless a waiver is granted by the 

Regional Director or the Office Director.

    (5) All marine mammals released must be tagged or marked in a manner 

acceptable to the Regional Director or the Office Director. The tag 

number or description of the marking must be reported to the Regional 

Director or Office Director following release.

    (b) Non-releasability and postponed determinations. (1) The 

attending veterinarian shall provide the Regional Director or Office 

Director with a written report setting forth the basis of any 

determination under paragraphs (a)(1)(i) through (iii) of this section.

    (2) Upon receipt of a report under paragraph (b)(1) of this section, 

the Regional Director or Office Director, in their sole discretion, may:

    (i) Order the release of the marine mammal;

    (ii) Order continued rehabilitation for an additional 6 months; or

    (iii) Order other disposition as authorized.

    (3) No later than 30 days after a marine mammal is determined 

unreleasable in accordance with paragraphs (a)(1)(i) through (iii) of 

this section, the person with authorized custody must:

    (i) Request authorization to retain or transfer custody of the 

marine mammal in accordance with paragraph (c) of this section, or;

    (ii) Humanely euthanize the marine mammal or arrange any other 

disposition of the marine mammal authorized by the Regional Director or 

Office Director.

    (4) Notwithstanding any of the provisions of this section, the 

Office Director may require use of a rehabilitated marine mammal for any 

activity authorized under subpart D in lieu of animals taken from the 

wild.

    (5) Any rehabilitated beached or stranded marine mammal placed on 

public display following a non-releasability determination under 

paragraph (a)(1) of this section and pending disposition under paragraph 

(c) of this section, or any marine mammal imported for medical treatment 

otherwise unavailable and placed on public display pending disposition 

after such medical treatment is concluded, must be held in captive 

maintenance consistent with all requirements for public display.

    (c) Disposition for a special exception purpose. (1) Upon receipt of 

an authorization request made under paragraph (b)(3)(i) of this section, 

or release notification under (a)(2), the Office Director may authorize 

the retention or transfer of custody of the marine mammal for a special 

exception purpose authorized under subpart D.

    (2) The Office Director will first consider requests from a person 

authorized to hold the marine mammal for rehabilitation. The Office 

Director may authorize such person to retain or transfer custody of the 

marine mammal for scientific research, enhancement, or public display 

purposes.

    (3) The Office Director may authorize retention or transfer of 

custody of the marine mammal only if:

    (i) Documentation has been submitted to the Office Director that the 

person retaining the subject animal or the person receiving custody of 

the subject animal by transfer, hereinafter referred to as the 

recipient, complies with public display requirements of 16 U.S.C. 

1374(c)(2)(A) or, for purposes of scientific research and enhancement,



[[Page 38]]



holds an applicable permit, or an application for such a special 

exception permit under Sec. 216.33 or a request for a major amendment 

under Sec. 216.39 has been submitted to the Office Director and has 

been found complete;

    (ii) The recipient agrees to hold the marine mammal in conformance 

with all applicable requirements and standards; and

    (iii) The recipient acknowledges that the marine mammal is subject 

to seizure by the Office Director:

    (A) If, at any time pending issuance of the major amendment or 

permit, the Office Director determines that seizure is necessary in the 

interest of the health or welfare of the marine mammal;

    (B) If the major amendment or permit is denied; or

    (C) If the recipient is issued a notice of violation and assessment, 

or is subject to permit sanctions, in accordance with 15 CFR part 904.

    (4) There shall be no remuneration associated with any transfer, 

provided that, the transferee may reimburse the transferor for any and 

all costs associated with the rehabilitation and transport of the marine 

mammal.

    (5) Marine mammals undergoing rehabilitation or pending disposition 

under this section shall not be subject to public display, unless such 

activities are specifically authorized by the Regional Director or the 

Office Director, and conducted consistent with the requirements 

applicable to public display. Such marine mammals shall not be trained 

for performance or be included in any aspect of a program involving 

interaction with the public; and

    (6) Marine mammals undergoing rehabilitation shall not be subject to 

intrusive research, unless such activities are specifically authorized 

by the Office Director in consultation with the Marine Mammal Commission 

and its Committee of Scientific Advisors on Marine Mammals, and are 

conducted pursuant to a scientific research permit.

    (d) Reporting. In addition to the report required under Sec. 

216.22(b), the person authorized to hold marine mammals for 

rehabilitation must submit reports to the Regional Director or Office 

Director regarding release or other disposition. These reports must be 

provided in the form and frequency specified by the Regional Director or 

Office Director.



[61 FR 21933, May 10, 1996]