|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Bahamas Statutory Instruments |
|
MINISTRY OF AGRICULTURE, |
||
|
FISHERIES AND LOCAL GOVERNMENT |
||
|
S.I. No. 80 of 2005 |
||
|
THE MARINE MAMMAL PROTECTION ACT, 2005 |
||
|
(No. 12 of 2005) |
||
|
THE MARINE MAMMAL (CAPTIVE DOLPHIN |
||
|
FACILITIES) REGULATIONS, 2005 |
||
|
The Minister in exercise of the powers conferred by section 19 (g) of the Marine Mammals Protection Act, 2005 hereby makes the following Regulations - |
||
|
1.
These Regulations may be cited
as the Marine Mammal (Captive Dolphin Facilities) Regulations, 2005
and shall come into force on such
date as the Minister may appoint
by notice published in the Gazette.
|
Citation and commencement. |
|
|
2.
In these Regulations -
|
Interpretation. |
|
|
"attending veterinarian" means a veterinary surgeon registered under section 5 of the Veterinary Surgeons Act and who is employed by the licensee of a captive dolphin facility: |
Ch. 245. |
|
|
"designated veterinarian" means a veterinary surgeon registered under section 5 of the Veterinary Surgeons Act and who is appointed by the Minister to ensure that the standards and guidelines related to dolphin health and husbandry are adhered to by captive dolphin facilities; |
Ch. 245. |
|
|
"Dolphin Swim Programme" means a programme where persons interact for enjoyment, entertainment and educational purposes in the water with captive dolphins for a specified period of time; |
||
|
"Dolphin Wade Programme" means an activity or programme whereby persons participating in such an activity or programme, sit or stand on an area on to which the captive dolphins approaches and there is interaction between both parties for enjoyment, entertainment and educational purposes for a specified period of time; |
||
|
"facility" means a captive dolphin facility; |
||
|
"Marine-Mammal Dive programme" means a programme where persons donning equipment designed to enable them to breathe whilst under water interact for enjoyment, entertainment and educational purposes in and under the water with captive dolphins for a specified period of time; |
||
|
"swim programmes" means the Dolphin Swim Programme or the Dolphin Wade Programme; |
||
|
"trainer" means a person qualified to teach captive dolphins so as to perform certain behaviours under positive stimulus controls; |
||
|
"veterinary surgery" has the meaning assigned to it by the Veterinary Surgeons Act. |
Ch. 245. |
|
|
3.
These Regulations shall apply
to a captive dolphin facility.
|
Application. |
|
|
4.
No facility shall be licensed
unless such facility is located -
|
Location of facility. |
|
|
(a)
away from sources of odors, dust
and air contamination such as refineries, chemical plants and
dumps;
|
||
|
(b)
where it will be accessible to a
supply of potable water and to a sewerage system;
|
||
|
(c)
in a well-drained area and where
it will not be subject to flooding; and
|
||
|
(d)
in an area where it will not be
subject to any fuel, oil or toxic chemical pollution.
|
||
|
5.(1)
Every licensee of a facility
shall develop and submit to the Minister for his approval an
emergency contingency plan that should outline
the measures which
will be taken should a dolphin escape.
|
Emergency contingency plan. |
|
|
(2)
Notwithstanding subsection
(1), the facility shall immediately notify the Minister by
telephone or facsimile transmission and shall
-
|
||
|
(a)
immediately activate its
emergency contingency plans within twenty-four hours of the escape
of any dolphin; and
|
||
|
(b)
submit a written report, which
shall include a description of the incident and its probable causes
within seven days of the escape.
|
||
|
6.(1)
The licensee of a facility
shall keep and maintain standardized, comprehensive and accurate
records pertaining to any dolphins in
the care of such facility and
such records shall include acquisition and disposition records
which shall contain records regarding
-
|
Acquisition and disposition records. |
|
|
(a)
daily behaviour, feeding and
training;
|
||
|
(b)
food and nutrition; and
|
||
|
(c)
health and medical.
|
||
|
(2)
The acquisition and
disposition records for each dolphin held by a facility shall
include the following particulars -
|
||
|
(a)
the date and location of the
acquisition;
|
||
|
(b)
the method of acquisition (wild
caught, captive birth, transfer, loan, temporary holding,
etc.);
|
||
|
(c)
the sex of the dolphin;
|
||
|
(d)
the genus and species;
|
||
|
(e)
the parentage or
hyhridization;
|
||
|
(f)
the progeny;
|
||
|
(g)
any microchips or other
identification characteristics (e.g. genus, species, sex, and
identification number);
|
||
|
(h)
the date and location of
disposition;
|
||
|
(i)
the method of disposition;
|
||
|
(j)
any applicable information
supplied to studbook for propogation purposes;
|
||
|
(k)
a health profile; and
|
||
|
(l)
annual photographs showing
-
|
||
|
(i)
dorsal fin and flukes; and
|
||
|
(ii)
details of any personal
characteristics for example scars or other markings.
|
||
|
7.
The daily behaviour, feeding
and training records for each individual dolphin at a facility
shall include -
|
Daily behavior, feeding and training records. |
|
|
(a)
the observations by the staff
members of the individual dolphins, which shall include any
behavioural or health related remarks;
|
||
|
(b)
the daily logs completed by
either the Dolphin Wade Programme, feeding session or any other
human/dolphin interaction, which shall
specify -
|
||
|
(i)
the time of the day the session
took place;
|
||
|
(ii)
the amount of food and type
consumed;
|
||
|
(iii)
the details of vitamins and/or
medications, if any, given;
|
||
|
(iv)
the type and duration of the
particular session;
|
||
|
(v)
how many persons and dolphins
participated in the Dolphin Wade or the Marine Mammal Dive
Programme;
|
||
|
(vi)
whether there has been
interaction with wild dolphins; and
|
||
|
(vii)
the weather conditions and water
temperature.
|
||
|
8.
The food and nutrition records
for each dolphin shall include -
|
Food and nutrition records. |
|
|
(a)
the type and/or species of food
fed to each dolphin daily;
|
||
|
(b)
the caloric value of the food fed
to each dolphin;
|
||
|
(c)
the nutrition and quality
analysis of the food used;
|
||
|
(d)
the freezer rotation and
specified dates on the food packets; and
|
||
|
(e)
the freezer temperature.
|
||
|
9.
The Health and medical records
for each dolphin shall include -
|
Health and medical records. |
|
|
(a)
the date of examination of the
dolphin;
|
||
|
(b)
the name of the veterinarian who
conducted the examination;
|
||
|
(c)
the reason for the
examination;
|
||
|
(d)
the examination conditions;
|
||
|
(e)
the results of the
examination;
|
||
|
(f)
blood test results, if any;
|
||
|
(g)
actions taken, if any;
|
||
|
(h)
the name of any medications
given, if any;
|
||
|
(i)
the name of any supplements
given, if any;
|
||
|
(j)
the estimated caloric
requirement;
|
||
|
(k)
all measurements, including body
weight;
|
||
|
(l)
any subjective and objective
findings (therapeutic approach and treatment plan);
|
||
|
(m)
the differential diagnosis;
and
|
||
|
(n)
the frequency of veterinarian
visits if part-time or consulting.
|
||
|
10.
A licensee shall cause to be
kept weekly environmental quality records and such records shall
include, as applicable -
|
Environmental quality records. |
|
|
(a)
the water turbidity;
|
||
|
(b)
any test parameters for water
quality;
|
||
|
(e)
the bacterial culture test
results, if any;
|
||
|
(d)
test results for heavy metal,
petroleum or other contaminants, if any;
|
||
|
(e)
a facility maintenance log;
and
|
||
|
(f)
a filtration maintenance
log.
|
||
|
11.(1)
The licensee of every facility
shall retain all -
|
Record retention. |
|
|
(a)
acquisition and disposition
records for the life of a dolphin;
|
||
|
(b)
daily behaviour, feeding and
training records for a period of five years;
|
||
|
(c)
food and nutrition records for a
period of three years;
|
||
|
(d)
health and medical records for
the life of the dolphin; and
|
||
|
(e)
environmental quality records for
a period of one year.
|
||
|
(2)
The licensee shall ensure to
protect the records referred to in paragraph (1) from fire,
flooding and other natural or human created
hazards.
|
||
|
(3)
The licensee of a facility
shall permit a marine mammal inspector to
|
||
|
make and take such copies of any records referred to in paragraph (1) as the inspector considers necessary for the purpose of ensuring compliance with these Regulations. |
||
|
12.(1)
When a dolphin dies within
facility, the licensee of that facility shall?
|
Reports of death or birth. |
|
|
(a)
notify the Minister by telephone
or facsimile transmission within twenty four hours of the death of
the dolphin and shall submit a
written report of the event within
seven days of the reported death; and
|
||
|
(b)
cause to have completed a
necropsy report prepared by the attending veterinarian and
submitted to the Minister together with photographic
documentation
within thirty days of the death of the dolphin and such report
shall include -
|
||
|
(i)
a summary of the medical history
of the dolphin, as well as any postmortem laboratory reports;
|
||
|
(ii)
an assessment of the probable
cause of death;
|
||
|
(iii)
a copy of all laboratory test
results; and
|
||
|
(iv)
within 180 days, the final
diagnosis.
|
||
|
(2)
Within seven days of the event
of a birth of a dolphin, including a stillbirth or aborted fetus,
the licensee of the facility shall
report the same in writing to
the Minister.
|
||
|
13.
Every facility shall prepare
and submit to the Minister before the 31st day of January of each
year an annual report which shall cover
the periods January -
December of the preceding year and such report shall include
-
|
Annual Reports. |
|
|
(a)
the statistical summaries
detailing the number of people that participated in the swim
programmes in the preceding year;
|
||
|
(b)
the statistical summaries showing
the number of sessions and the numbers of hours, by the day, week,
and month, that each dolphin
participated in any of the swim
programmes;
|
||
|
(c)
a summary and assessment of the
dolphins behavioural records;
|
||
|
(d)
separate summarized medical
reports by the attending veterinarian for each dolphin;
|
||
|
(e)
detailed descriptions of any
interactions that resulted in injury to a human or a dolphin
participating in any of the swim programmes;
|
||
|
(f)
descriptions of any changes made
in any of the swim programmes, including their educational
aspects;
|
||
|
(g)
notification of the removal or
addition of an individual dolphin from or to any of the swim
programmes, the reason (s) for the removal
or addition and a health
certification of the newly added dolphin(s);
|
||
|
(h)
notification of any changes in
the professional or other swim programmes staff personnel,
including the names and qualifications of
any new personnel;
|
||
|
(i)
a report of the fish nutritional
and water analyses and the manner and date upon which any
recommendation(s) made by the attending
veterinarian has been put
into operation.
|
||
|
14.(1)
The licensee of every facility
shall ensure that the food fed to a dolphin shall be -
|
Food nutrition. |
|
|
(a)
wholesome, palatable and free
from contamination; and
|
||
|
(b)
of sufficient quantity and
nutritive value to maintain the dolphin in a state of good
health.
|
||
|
(2)
The diet for any dolphin shall
be prepared with consideration for the age, species, condition and
size of the dolphin being fed, and
must be of a high quality
consisting of enough food types to allow adequate flexibility to
account for variability in food supply
and animal preference.
|
||
|
15.(1)
Every licensee shall ensure
that the food for a dolphin -
|
Food storage. |
|
|
(a)
is stored in facilities which
adequately protect such supplies from deterioration, mold or
contamination, and any food contaminated
as a result of the
aforesaid should be immediately disposed of;
|
||
|
(b)
is stored at or below 0°
degrees Fahrenheit and no longer than the processor's recommended
optimum storage dates and time for
each type of food.
|
||
|
(2)
Perishable food shall be
stored in a refrigerator or freezer which shall be cleaned and
maintained on a daily basis.
|
||
|
16.(1)
Every licensee shall ensure
that all food preparation areas for a dolphin -
|
Food preparation. |
|
|
(a)
be sanitized morning and evening,
and no substances which are known to be toxic or harmful to a
dolphin shall be stored or maintained
in the storage or food
preparation areas;
|
||
|
(b)
is of stainless steel
construction and devoid of seams and gaps.
|
||
|
(2)
Any food preparation and
handling shall be conducted so as to minimize bacterial or chemical
contamination and to assure the wholesomeness
and nutritive value
of the food.
|
||
|
(3)
No person shall thaw out
dolphin food in water except in situations of emergency.
|
||
|
(4)
A licensee must ensure that
routine and appropriate procedures for the cleaning, disinfection
and sanitation of food preparation equipment
and facilities are
established.
|
||
|
(5)
Attendants and other personnel
preparing food in a facility should adhere to an appropriate
personal hygiene regime.
|
||
|
(6)
Food preparation personnel
shall ensure that there are no standing pools of water, rusty
surfaces and decaying organic material in
the food preparation
area.
|
||
|
(7)
Every licensee shall ensure
-
|
||
|
(a)
that all containers, such as
buckets, tubs and tanks, as well as utensils, such as knives and
cutting boards, or any other equipment
which has been used for
holding, thawing or preparing food for dolphins shall be cleaned
daily;
|
||
|
(b)
that substances such as cleaning
and sanitizing agents, pesticides and other potentially toxic
agents are stored in properly labeled
containers away from food
preparation areas;
|
||
|
(c)
that wash down wastes are not be
permitted to drain into a dolphin enclosure or surrounding
area.
|
||
|
17.
Any shipment of food received
for marine mammals shall be accompanied by certification of its
nutritional and wholesomeness value
and be retested at the
discretion of a marine mammal inspector and shall include -
|
Food Analysis. |
|
|
(a)
a minimum analysis to include
organoleptic and caloric values;
|
||
|
(b)
any additional tests to monitor
food quality during storage including a trimethylamine, peroxide,
histamine, total volatile nitrogen
and bacterial plate count.
|
||
|
18.
When feeding a dolphin -
|
Feeding. |
|
|
(a)
feeding shall be done only by a
qualified staff member who has the necessary knowledge to ensure
that each dolphin receives an adequate
quantity of food to maintain
it in good health or by a member of the public under the direct
supervision of such a staff member;
|
||
|
(b)
the staff member responsible for
feeding shall have the ability to recognize deviations from a
normal state of good health in a dolphin
so that food intake can be
adjusted accordingly;
|
||
|
(c)
public feeding shall only be
permitted if it is done in the presence and under the supervision
of a qualified staff member, who shall
ensure that the dolphins are
receiving the proper amount and type of food;
|
||
|
(d)
fish shall not be re-frozen after
it has thawed whether in whole or in part;
|
||
|
(e)
food shall be fed to the dolphin
within twenty-hours following the removal of such food from the
freezer for thawing;
|
||
|
(f)
vitamin supplementation shall be
given and individualized for each dolphin.
|
||
|
19.
Every licensee shall ensure
that the facility has a comprehensive programme for veterinary
medical care that is integrated with husbandry,
research, and
management and such programme shall be established and maintained
under the supervision of the attending veterinarian.
|
Veterinary medical care. |
|
|
20.(1)
A licensee shall make
arrangements to have a qualified attending veterinarian who shall
oversee the veterinary medical care programme
referred to in
regulation 19 and who shall -
|
Attending veterinarian. |
|
|
(a)
have graduated from an accredited
veterinary college;
|
||
|
(b)
possess a licence to practice
veterinary medicine in The Bahamas in accordance with the
Veterinary Surgeons Act; and
|
Ch. 245. |
|
|
(c)
have a minimum of two years
experience in marine mammal medicine within the last five years, or
have worked under the direction of
a recognized marine mammal
veterinarian for at least two years.
|
||
|
(2)
Every licensee shall abide by
the laws of The Bahamas governing veterinary practice.
|
||
|
21.
Every licensee shall have a
programme of on going health assessment for each dolphin held in
captivity, and such health assessment
programme shall include
-
|
Health Assessment Programme. |
|
|
(a)
regular veterinary rounds;
|
||
|
(b)
daily monitoring by husbandry
staff of the physical appearance, activity, temperament, and/or
changes in behaviour of each dolphin;
and
|
||
|
(c)
a procedure for recording and
communicating health status issues between husbandry and veterinary
staff.
|
||
|
22.(1)
A licensee shall cause to be
conducted a complete physical examination of each dolphin
biannually and in instances of illness, as
often as deemed
appropriate by the designated veterinarian and the results shall
include -
|
Physical examination of dolphins. |
|
|
(a)
the determination of weight
change, if any;
|
||
|
(b)
a comparison of food intake and
body weight;
|
||
|
(c)
a hematology, blood chemistry,
and appropriate hormonal analysis as needed;
|
||
|
(d)
any vaccinations given;
|
||
|
(e)
other laboratory tests; and
|
||
|
(f)
comments and other
observations.
|
||
|
(2)
A licensee shall -
|
||
|
(a)
establish physiological values
and serum banks for retrospective studies for each dolphin;
|
||
|
(b)
cause to be conducted parasite
screening and treatment where indicated by the attending
veterinarian, for each dolphin;
|
||
|
(c)
implement a program of facility
design and maintenance to monitor and prevent animal injury;
|
||
|
(d)
ensure that every dolphin is
examined and certified as healthy by the attending veterinarian at
the time of the dolphin's initial
participation in any of the swim
programmes.
|
||
|
23.
Every licensee shall establish
and maintain a programme of clinical medicine which shall include a
protocol -
|
Clinical medicine programme. |
|
|
(a)
for communication between the
care-giver staff and the attending veterinarian;
|
||
|
(b)
for treatment regime administered
by the attending veterinarian;
|
||
|
(c)
for emergency medical procedures,
administered by the attending veterinarian;
|
||
|
(d)
for establishing a health care
programme in keeping with regulatory requirements, including
reporting as required;
|
||
|
(e)
for maintaining an inventory of
pharmaceuticals and medical equipment;
|
||
|
(f)
for maintaining and reporting
controlled substances as required by regulatory agencies; and
|
||
|
(g)
for disinfection and maintenance
of animal handling equipment and areas.
|
||
|
24.(1)
Every licensee shall have a
quarantine program and facilities to prevent the introduction of
infectious diseases.
|
Quarantine programme and facilities. |
|
|
(2)
There shall he a quarantine
programme for the arrival of new dolphins at a facility.
|
||
|
(3)
Open water enclosures used for
quarantine purposes, shall be located in a way that prevents the
spread of any disease from animal
to animal through natural water
movement, and at a distance from other enclosures deemed adequate
by the attending veterinarian after
consultation with the
designated veterinarian.
|
||
|
(4)
The attending veterinarian of
the facility shall institute quarantine practices based on the
prior medical history of the dolphin
and the attending veterinarian
shall recommend such practices in situations where -
|
||
|
(a)
a dolphin was collected from the
wild less than thirty days prior to transport;
|
||
|
(b)
a dolphin was exposed to another
new arrival dolphin referred to in subparagraph (a);
|
||
|
(c)
the facility is in receipt of
poorly documented medical history on any dolphin;
|
||
|
(d)
there is apparent medical
problems of a dolphin at the time of arrival at a facility;
and
|
||
|
(e)
in the attending veterinarian's
discretion, he considers it necessary.
|
||
|
(5)
The attending veterinarian
shall supervise the quarantine of a dolphin for a minimum period of
thirty days unless otherwise directed
by the designated
veterinarian, and if, during the thirty day period, additional
dolphins are introduced into the quarantine facility,
the thirty
day period must restart for all dolphins already in quarantine and
exposed to the new arrivals.
|
||
|
(6)
The attending veterinarian
shall throughly clean and disinfect before use on any post
quarantined animal, any equipment used to feed
and clean a dolphin
in quarantine.
|
||
|
(7)
If approved by the attending
veterinarian, an attendant may be allowed to attend to
non-quarantined dolphins after working with quarantined
animals.
|
||
|
(8)
Every facility shall take
precautions to minimize the risk of exposure of animal personnel to
zoonotic diseases that may be present
in newly acquired
dolphins.
|
||
|
(9)
If an attending veterinarian
discovers that zoonotic risks exists in a facility then that
facility shall take all the necessary precautions
which shall
include -
|
||
|
(a)
the use of disinfectant foot
baths;
|
||
|
(b)
the wearing of appropriate
protective clothing; and
|
||
|
(c)
minimizing any physical contact
with the dolphins in that facility.
|
||
|
(10)
The attending veterinarian
shall conduct a complete physical examination of each dolphin
entering and existing quarantine facilities.
|
||
|
25.(1)
Every licensee shall ensure
that the facility offers an education programme approved by the
Minister, about marine mammals which may
encompass displays,
presentations and a wide variety of other educational programmes,
all designed to promote the learning process
of visitors.
|
Education. |
|
|
(2)
An education programme
referred to in paragraph (1) shall -
|
||
|
(a)
be based upon current scientific
knowledge;
|
||
|
(b)
provide opportunities for
visitors to expand their knowledge about marine mammal biology and
natural history;
|
||
|
(c)
promote the awareness of, and
sensitivity toward, the marine environment and the relationships of
dolphins and other marine animals
to their natural environment;
and
|
||
|
(d)
present information about marine
conservation.
|
||
|
(3)
Every licensee shall ensure
that the facility has a person on staff who shall he primarily
responsible for education development and
evaluation, and such
person shall have the following qualifications -
|
||
|
(a)
a college degree;
|
||
|
(b)
experience working with dolphins;
and
|
||
|
(c)
educational and administrative
experience.
|
||
|
26.(1)
Every licensee of a facility
shall implement a programme of employee health and
sanitation.
|
Staff. |
|
|
(2)
The licensee shall retain a
professional member of staff consisting of at least one handler per
dolphin and such other persons, holding
minimum levels of
experience, as follows -
|
||
|
(a)
one or more full time management
staff members possessing experience of not less than six years in a
professional and managerial position
relating to captive marine
mammals, in particular, dolphins;
|
||
|
(b)
one or more permanent full time
members of staff possessing experience of not less than three years
in the training and care of captive
dolphins at a recognized
facility;
|
||
|
(c)
one or more attending
veterinarians and/or consulting veterinarians possessing experience
of not less than two years with the care
and husbandry of
dolphins.
|
||
|
27.(1)
The dolphins shall be
permitted to engage in activities and/or interactive programmes for
such periods of time and under conditions
consistent with their
good health and well-being.
|
Interactive programmes. |
|
|
(2)
A responsible employee or
attendant shall be present at all times during periods of public
contact, and during these periods all dolphins
must be handled to
ensure minimal risk of harm to the public or a dolphin.
|
||
|
(3)
All swim programmes in which a
member of the public participates, shall be directly supervised by
at least two members of the facilities
staff and such staff shall
have a minimum of one year continuous experience in any of the swim
programmes.
|
||
|
28.(1)
Written instructions in the
form of a handout as well as oral instructions shall be given to
each participant prior to any of the
swim programmes and such
instructions shall inform participants -
|
Instructions for participants in human/dolphin interaction. |
|
|
(a)
that the swim programmes present
some potential risk of injury;
|
||
|
(b)
that anyone who restrains, pulls
or grabs at a dolphin shall be immediately removed from the
programme and not permitted to return;
|
||
|
(c)
not to touch the eye, blow hole
or genital regions of a dolphin;
|
||
|
(d)
of the various non-interactive
areas and that entry is prohibited to visitors;
|
||
|
(e)
that facilities for showering
with soap and water before and after swim sessions are available
and that no jewelry must be worn during
any of the
programmes.
|
||
|
(2)
The information shall also
contain the contact address of the Minister along with a statement
to encourage participants to contact
the Ministry responsible for
marine mammals directly if any injury or problematic situation
occurs.
|
||
|
(3)
Sufficient time should be
allotted for responding to questions by participants.
|
||
|
29.
A person who -
|
Exclusion and restrictions for access to dolphins. |
|
|
(a)
is unable to comprehend, or
disregards safety instructions;
|
||
|
(b)
is intoxicated or otherwise
similarly impaired;
|
||
|
(c)
is under the age or height
requirement for the specific program;
|
||
|
(d)
is physically impaired and not
accompanied by an attendant; or
|
||
|
(e)
is part of a specially designed
programme, shall not be permitted to participate in any of the
interactive swim programmes.
|
||
|
30.(1)
A licensee shall cause
visitors to be restricted from a dolphin area by either fencing or
roping off that area in the facility.
|
Dolphin areas. |
|
|
(2)
No visitor shall be permitted
to have access to the dolphins or the areas in which they swim
other than during the scheduled swim
programmes.
|
||
|
31.(1)
A responsible, knowledge, and
readily identifiable employee or attendant must be present at all
times during periods of public contact
with a dolphin.
|
Contact with dolphins. |
|
|
(2)
During a public exhibition a
dolphin must be handled so that there is no risk to the dolphin or
any member of the public and there
must be sufficient distance and
barriers between the dolphin and the general public so as to ensure
the safety of the dolphin and
the public.
|
||
|
(3)
Each participating dolphin in
a programme must have at least one period every twenty-four hours
of not less than ten continuous hours
rest from swimmers.
|
||
|
32.(1)
Every licensee shall ensure
that all dolphins are provided with protection from abuse,
harassment and interference by members of the
public by the use of
a sufficient number of attendants to supervise the public or by
physical barriers, distance or both.
|
Protection from abuse. |
|
|
(2)
A facility shall report in
writing to the Minister within twenty-four hours of any verbal or
written threat, vandalism or attempted
vandalism made at the
facility or towards any personnel of the facility.
|
||
|
33.(1)
The human swim
participant/dolphin ratio for the Dolphin Swim Programme shall not
exceed 2 to 1 and there shall not be more than six
swim
participants per trainer.
|
Ratios for human/dolphin interaction. |
|
|
(2)
The human swim
participant/dolphin ratio for the Dolphin Wade Programme shall not
exceed 10 to 1 and the Dolphin Wade Programme shall
not exceed
forty-five minutes in duration.
|
||
|
(3)
The human diver
participant/dolphin programme shall not exceed 6 to 1 and there
shall not be more than a total of twenty-one divers,
including
dolphin trainers in the water at any one time.
|
||
|
34.(1)
Any person who handles a
dolphin shall do so as expeditiously and as carefully as possible
and in a manner that does not cause any
unnecessary discomfort,
overheating, behavioural stress or physical harm to that
dolphin.
|
Injury to dolphins or human participants. |
|
|
(2)
A dolphin that -
|
||
|
(a)
is involved in an incident in
which another dolphin or human is injured;
|
||
|
(b)
exhibits undesirable
behaviour;
|
||
|
(c)
exhibits any sexual behaviour
directed towards a human;
|
||
|
(d)
exhibits any behaviour or
physical symptom that, in the opinion of the trainer, programme
staff attending or designated veterinarian,
may indicate injury,
illness or stress that warrants removal from participation in any
swim programme,
|
||
|
shall be removed immediately from the swim programme, and from enclosures in which humans are participating in the programme. |
||
|
(3)
A dolphin that is involved in
any incident or exhibits any such behaviour as referred to in
paragraph (2) shall not be permitted to
participate in any other
swim session until it has been examined by the designated
veterinarian and determined by the head trainer
that it may be
returned to the programme.
|
||
|
(4)
The head trainer may determine
that a dolphin referred to in paragraph (3) may require retraining
or other measures before a dolphin
returns to a programme and such
dolphin may not be returned until such measures has been
completed.
|
||
|
(5)
When a dolphin is removed, the
incident or undesirable behaviour that causes its removal must be
clearly described in the daily monitoring
records and the name,
address, telephone number of each participant and any other person
who has observed the incident or behaviour
must also be
recorded.
|
||
|
(6)
A dolphin removed from a swim
programme shall, if the incident resulting in its removal involved
a human or dolphin injury that received
the attention of a medical
doctor or veterinarian, remain out of the programme for at least
twenty-four hours after its removal.
|
||
|
(7)
Where a participant is injured
by a dolphin, the facility shall notify the Minister by telephone
or facsimile of the injury within
twenty four hours of the injury
and shall submit a written report on the injury within seven days
of the incident, which shall include
-
|
||
|
(a)
a description of the injury and
its probable causes;
|
||
|
(b)
the name, local and permanent
addresses of the injured person;
|
||
|
(c)
the telephone numbers of the
injured person;
|
||
|
(d)
the name, address and telephone
numbers of any witnesses to the accident; and
|
||
|
(e)
a summary of the progress or
conclusions of any dolphin evaluation made as a result of the
incident.
|
||
|
35.(1)
If a dolphin is determined,
whether by the facility or the Minister, to be no longer suitable
for use in any swim programme or otherwise,
or if the Minister
deems that it is no longer in the best interests of the dolphin to
remain at the facility, that dolphin shall
be taken into the care
of a body appointed by the Minister and either rehabilitated for
release to the wild in a responsible manner
at the cost of the
facility at which the dolphin was held or otherwise dealt with in a
manner which the Minister deems to be in the
best interest of the
public or dolphin concerned.
|
Unsuitable dolphins. |
|
|
(2)
No sick, diseased, stressed or
injured dolphin shall be permitted to be used in any swim programme
or perform in any manner and such
dolphin shall be provided with
the adequate veterinary care deemed necessary by the designated
veterinarian.
|
||
|
36.(1)
A licensee shall ensure that
-
|
Training. |
|
|
(a)
each dolphin completes a training
program prior to its initial participation in an interactive
programme;
|
||
|
(b)
each dolphin is consistently
trained in husbandry behaviours which shall include stretcher
training that allow the taking of blood,
stomach, urine and fecal
samples and blow hole cultures for regular testing, and such
samples shall be taken by or in the presence
of, or under the
direction of the attending veterinarian except in the case of an
extreme emergency:
|
||
|
(c)
positive reinforcement techniques
shall he used in conjunction with the interactive programmes;
and
|
||
|
(d)
every dolphin shall be
gate-trained prior to its participation in a swim programme, except
for a pre-weaned calf.
|
||
|
(2)
The training of a dolphin
shall be done by or under the direct supervision of an experienced
trainer without food deprivation, physical
punishment, fear or
abuse being used or inflicted upon the dolphin.
|
||
|
37.(1)
A swim area in a facility
shall provide each marine mammal with the appropriate water volume
based on species specific standards as
approved by the Minister,
and in particular a dolphin swim area shall have at least 65,000
gallons for every four dolphins and at
least an additional 20,000
gallons for each additional dolphin.
|
Dolphin swim areas. |
|
|
(2)
Every swim area shall have a
constant minimum average depth of nine feet at mean low tide.
|
||
|
(3)
Every dolphin shall be
provided with access to a non-interactive area should they choose
to terminate any interaction with humans
or to terminate there
participation in any programme.
|
||
|
(4)
Every dolphin shall be trained
to recognize its non-interactive area particularly when the same is
an adjoining enclose accessed through
gates.
|
||
|
38.(1)
No person shall transport a
dolphin without the written permission of the Minister and the
attendance of an attending veterinarian.
|
Transportation. |
|
|
(2)
Subject to paragraph (1), no
person shall transport a dolphin unless -
|
||
|
(a)
an initial health assessment is
conducted by the designated veterinarian on each dolphin within
three to ten days preceding transport,
which shall include an
evaluation of any behavioural, feeding and medical records;
|
||
|
(b)
a final transport planning
meeting is held by the transport coordinator not more than
twenty-four hours prior to transport;
|
||
|
(c)
fasting of the dolphins is
considered by the attending veterinarian prior to any
transport;
|
||
|
(d)
the dolphin is transported within
a properly secured container with water and open top access that
provides body support and facilitates
homeothermy;
|
||
|
(e)
the dolphin is positioned within
the container in such a way that any contact with any hard or
abrasive surface will not cause abrasion,
nor restrict blood
circulation or impede respiration;
|
||
|
(f)
during transportation the dolphin
is monitored regularly and the necessary adjustments are made for
its comfort where appropriate;
|
||
|
(g)
if transported by air, the
aircraft cabin pressure is maintained at less than 8000 feet;
|
||
|
(h)
there is a minimum of two
attendants per transport with an additional dolphin attendant per
four dolphins, which/ever is greater;
|
||
|
(i)
such transport is carried out in
accordance with CITES and others applicable agreements.
|
||
|
39.
No person shall separate a
dolphin from its mother until that dolphin has been weaned
naturally or upon the written approval of the
head trainer or
attending veterinarian.
|
Separation from mother. |
|
|
40.
Every licensee shall provide
twenty-four hour security at the facility.
|
Security. |
|
|
41.(1)
Where any changes to a
facility require the preparation of an Environmental Impact
Assessment, the licensee shall obtain the written
approval of the
Minister prior to any change.
|
Dolphin facilities and enclosures. |
|
|
(2)
A facility for housing
dolphins shall he structurally sound and in good repair.
|
||
|
(3)
A dolphin which is not
compatible shall not he housed near other dolphins or other animals
that could cause them stress or discomfort
or interfere with their
good health.
|
||
|
(4)
A dolphin enclosure shall not
have any loose objects, wires, ropes or sharp edges which may cause
injury or trauma to a dolphin.
|
||
|
(5)
All enclosures shall be
thoroughly inspected each morning to ensure that they are free from
the aforesaid.
|
||
|
(6)
All surrounding buildings and
grounds, as well as exhibit areas, shall be kept clean and in good
repair at all times.
|
||
|
(7)
The wall, fence and the bottom
surfaces of all enclosures shall be cleaned as often as necessary
to maintain proper water quality
and through-flow and to ensure
that the bottom of the swimming areas are free from debris.
|
||
|
(8)
Reliable and adequate sources
of hot and cold water and electric power shall be provided to the
facility and specifically to those
areas where dolphin food is
stored and prepared.
|
||
|
(9)
A generator of sufficient
capacity to provide adequate power in the event of a power shortage
to run all refrigerators and freezers
for the storage of food shall
he installed and maintained in good working order.
|
||
|
(10)
Every facility shall contain
adequate wash rooms, basins, showers and sinks for employees,
attendants and participants.
|
||
|
(11)
An enclosure shall not contain
water which may be detrimental to the health of the dolphins.
|
||
|
(12)
The coliform bacteria count of
a holding enclosure shall not exceed 1000 MPN (most probable
number) per 100 ml of water.
|
||
|
(13)
No fuel shall be transferred
within 1000 feet of a dolphin enclosure unless appropriate measures
in compliance with the local governing
bodies are in place to
protect marine mammals in the event of an oil spill.
|
||
|
42.
Only professionally recognized
equipment or apparatus shall be used on a dolphin when conducting
dolphin research or when carrying
out dolphin husbandry/training
programmes.
|
Equipment. |
|
|
43.(1)
An analysis of ambient water
for coliform, heavy metal, petroleum and other contaminants shall
be carried out weekly by an approved
by the Minister.
|
Water. |
|
|
(2)
Water samples shall be taken
on various days of the week and various times throughout the day
for testing..
|
||
|
(3)
Records must be kept
documenting the time when samples were taken and the results of the
sampling.
|
||
|
(4)
A marine mammal inspector may
at any time take water samples from a facility for the purpose of
testing, the cost of which shall be
met by the licensee of that
facility.
|
||
|
44.
A licensee shall ensure that a
safe and effective programme for the control of insects,
ectoparasite and avian and mammalian pests
are established and
maintained at the facility.
|
Pest Control. |
|
|
45.
A facility participating in
dolphin propagation shall?
|
Propagation. |
|
|
(a)
prior to a time of parturition,
provide for the ability to separate pregnant females from other
animals;
|
||
|
(b)
provide maternity pools that are
of a size and configuration to facilitate nursing and
calf-rearing;
|
||
|
(c)
have personnel that possess or
have access to expertise concerning dolphin reproduction;
|
||
|
(d)
establish a programme to monitor
calf delivery and rearing in place;
|
||
|
(e)
give consideration to the daily
activity level of pregnant and nursing female dolphins;
|
||
|
(f)
monitor the reproductive status
of male and female dolphins using hormonal assays and
ultrasonography;
|
||
|
(g)
consider breeding programmes and
the reproductive and physical condition of participating
dolphins;
|
||
|
(h)
maintain breeding,
pre-parturient, and lactating dolphins in social environments
encouraging successful rearing of offspring;
|
||
|
(i)
develop contingency plans and
record protocol procedures for -
|
||
|
(i)
emergency intervention before,
during and after delivery;
|
||
|
(ii)
unexpected pregnancies;
|
||
|
(iii)
weaning;
|
||
|
(iv)
illness; and
|
||
|
(v)
pathological examinations of
mortalities.
|
||
|
(j)
participate in regional or
international studbook and breeding management programmes such as
the Marine Mammal Taxon Advisory Group
or a Species Survival Plan
or others as recommended by the Minister; and
|
||
|
(k)
give consideration to the
specific needs of each dolphin.
|
||
|
Made this 3rd day of October, 2005. |
||
|
Signed |
||
|
V. ALFRED GRAY |
||
|
Minister of Agriculture & Fisheries |
||
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/bs/legis/num_reg/tmmdfr2005502