[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Proposed Rules]
[Pages 27049-27051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12434]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 3
[Docket No. 93-076-3]
Marine Mammal Negotiated Rulemaking Advisory Committee;
Establishment
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of intent to establish a committee.
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SUMMARY: The Department of Agriculture announces its intent to
establish an advisory committee to develop a recommended rulemaking
proposal to revise the regulations governing the handling, care,
treatment, and transportation of marine mammals in captivity. This
committee, called the Marine Mammal Negotiated Rulemaking Advisory
Committee, will be comprised of representatives with a definable stake
in the outcome of the proposed rule.
DATES: Consideration will be given only to comments received on or
before June 21, 1995.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 93-076-3, Animal and Plant Health Inspection Service, Policy
and Programs Development, Regulatory Analysis and Development, 4700
River Road Unit 118, Riverdale, MD 20737-1228. Please state that your
comments refer to Docket No. 93-076-3. Comments received may be
inspected at USDA, room 1141, South Building, 14th Street and
Independence Avenue, SW., Washington, DC, between 8 a.m. and 4:30 p.m.,
Monday through Friday, except holidays. Persons wishing to inspect
comments are requested to call ahead on (202) 690-2817 to facilitate
entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT:
Dr. Barbara Kohn, Senior Staff Veterinarian, Animal and Plant Health
Inspection Service, Regulatory Enforcement and Animal Care, Animal
Care, 4700 River Road Unit 84, Riverdale, MD 20737-1228, (301) 734-
8699. [[Page 27050]]
SUPPLEMENTARY INFORMATION:
Background
We are announcing our intent to establish an advisory committee to
develop a recommended rulemaking proposal to revise the regulations
governing the handling, care, treatment and transportation of marine
mammals in captivity.
Under the Animal Welfare Act (the Act) (7 U.S.C. 2131 et seq.), the
Secretary of Agriculture is authorized to promulgate standards and
other requirements governing the human handling, housing, care,
treatment, and transportation of certain animals by dealers, research
facilities, exhibitors, and carriers and intermediate handlers.
Regulations established under the Act are contained in 9 CFR parts 1,
2, an 3.
Under the Act, the Department established regulations in 1979 for
the human handling, care, treatment, and transportation of marine
mammals used for research or exhibition purposes. These standards were
amended in 1984. During the 9 years since the standards were amended,
advances have been made, new information has been developed, and new
concepts have been implemented with regard to the housing and care of
marine mammals.
On July 23, 1993, we published in the Federal Register (58 FR
39458, Docket No. 93-076-1) an advance notice of proposed rulemaking
that solicited comments on appropriate revisions or additions to the
standards for the humane care and transportation of marine mammals used
for exhibition or research.
The comments we received in response to our advance notice suggest
that it would be highly desirable to involve all interested parties in
developing appropriate regulatory standards. We believe consensus among
interested parties is attainable and that we should proceed with
negotiated rulemaking in developing such standards
Negotiated Rulemaking
Negotiated rulemaking is a consensus-based approach to the
promulgation of agency rules. It is considered to be an effective tool
for developing regulatory solutions to problems that affect diverse,
and often competing, interests among the regulated public. By
participating in this effort, interested parties have more direct input
into the substance of a proposed rule than they would through the usual
form of notice-and-comment rulemaking, where a regulatory agency works
more independently to develop a proposed rule. In negotiated
rulemaking, the participating parties agree to work together until
consensus is reached on the content of the proposed rule, which is then
published for public comment. In this manner, negotiated rulemaking
enables an agency to avoid many of the obstacles that might be raised
in a usual notice-and-comment proposed rulemaking, and expedites the
promulgation and implementation of a final rule.
We therefore intend to establish a Marine Mammal Negotiated
Rulemaking Advisory Committee (Committee), chartered under the Federal
Advisory Committee Act (Pub. L. 92-463). The Committee will advise the
Department on the content of regulations to revise and update the
standards for the handling, care, treatment, and transportation of
marine mammals in captivity.
The establishment of this Committee is necessary and in the public
interest in connection with the duties and responsibilities of the
Administrator of the Animal and Plant Health Inspection Service (APHIS)
in ensuring the humane care of marine mammals held in captivity by
researchers and exhibitors. These duties and responsibilities include
the promulgation of regulations. The Committee is intended to serve as
a public forum in which interested parties can discuss and resolve the
issues involved in developing revised standards for the care of marine
mammals in captivity. We believe that this process will allow APHIS to
develop effective regulations for the care of these animals.
Key Issues for Negotiation
We anticipate that the Committee will need to address the following
issues in formulating a proposal:
* Space requirements;
* Transportation of marine mammals;
* ``Swim-with-the-dolphins'' programs;
* Noise levels;
* Water temperatures;
* Recordkeeping requirements;
* Water quality parameters to be monitored;
* Separation/isolation;
* Feeding;
* Training; and
* Stranding: When does rehabilitation end and captivity begin?
Guidelines
The following guidelines will apply to this negotiated rulemaking,
subject to appropriate changes made as a result of comments received on
this notice or as determined necessary during the negotiation process:
1. Facilitator. APHIS will use a facilitator. The facilitator, a
neutral third party, will not be involved in the substantive
development of the regulation. The facilitator's role will be to chair
negotiating sessions, to act as a mediator, to help the negotiations
proceed smoothly, and to help the participants define and reach
consensus.
2. Good faith negotiation. Because participants must be willing to
negotiate in good faith, each organization must authorize a senior
official to represent its interest and to negotiate on its behalf. The
issue of keeping or holding animals in captivity will not be addressed
by the Committee. The Committee will address only issues relating to
the care and maintenance of captive marine mammals.
3. Administrative support and meetings. APHIS will provide staff
support for the Committee. Meetings will be held in the Washington, DC,
metropolitan area.
4. Consensus. The goal of the negotiating process is consensus.
Generally, consensus means that each interest concurs in the result.
5. Record of meeting. In accordance with the Federal Advisory
Committee Act, APHIS will keep a record of all Committee meetings. The
record will be placed in the administrative record for this rulemaking,
and be made available for public inspection upon request. meetings will
be open to the public.
6. Committee procedures. Under the general guidance and direction
of the facilitator and subject to applicable legal requirements, the
members of the Committee will establish detailed procedures for the
conduct of their Committee meetings.
7. Schedule. The time and location of Committee meetings will be
announced in the Federal Register.
8. Participants. The Committee will consist of no more than 25
members and a facilitator. Participation by more than 25 persons could
make it difficult to conduct effective negotiations. One purpose of
this notice is to help determine whether regulations concerning the
care of marine mammals in captivity would substantially affect
interests not adequately represented by the proposed participants
listed in this notice. We do not believe that each potentially affected
organization or individual must have its own representative on the
Committee. However, we firmly believe that each interest must be
adequately represented. Equal opportunity practices, consistent with
U.S. Department of Agriculture policies, will be followed in all
appointments to the Committee.
APHIS has tentatively identified the following interests and
parties as potential participants on the Marine [[Page 27051]] Mammal
Negotiated Rulemaking Advisory Committee:
Representing Facility Owners and Managers
American Zoo and Aquarium Association
Alliance of Marine Mammal Parks
International Association of Amusement Parks and Attractions
Marine Mammal Coalition
United States Navy
Related Industry Groups
Coalition of Animal Welfare Institute, Society for Animal Protective
Legislation, and numerous other organizations
Center for Marine Conservation
Humane Society of the United States
Representing Those Who Work with Captive Marine Mammals in Various
Capacities
American Association of Zoo Veterinarians
International Association for Aquatic Animal Medicine
International Marine Animal Trainers Association
Society for Marine Mammology
Federal Government
Marine Mammal Commission
Animal and Plant Health Inspection Service, USDA
Comments on this tentative list of participants are invited, as are
suggestions for other potential participants. Please keep in mind that
it is not necessary that every concerned organization be represented,
as long as every significant interest is represented. Negotiation
sessions will be open to the public. individuals and organizations
without designated representatives on the Committee may attend sessions
and communicate informally with members of the Committee.
Done in Washington, DC, this 17th day of March.
Wardell C. Townsend,
Assistant Secretary for Administration.
[FR Doc. 95-12434 Filed 5-19-95; 8:45 am]
BILLING CODE 3410-34-M
