Permit No774 Permit and Reports (37pgs)

8/11/2019 Permit No774 Permit and Reports (37pgs)

1/37

Mr. Brad

F.

Andrews

Vice Pres iden t ,

Operat ions

Sea

World,

Inc .

7007 Sea World Drive

Orlando,

Flor ida 32821

Dear Mr. Andrews:

U N I T E D S T A T E S D E P A R T M E N T O F C O M M E R C

N a t i o n a l O c e a n i c a n d A t m o s p h e r i c A d m i n i s tr a t i o n

NATIONAL M A R I N E FISHERIES SERVI E

Si lver

Spr ing

Mary l and 2 0 9 1

0

OCT

7

992

Enclosed

i s Permit

No. 774,

i s sued to Sea

World,

Inc .

au thor i z ing

the importa t ion of two

2)

adu l t female k i l l e r

whales Orcinus

orca)

and

one

1) c a l f

from Sealand o f the Pac i f i c , Ltd . ,

1327

Beach Drive, Vic to r ia , B.C.

V8S

2N4,

under

the

provis ions

o f the

Marine

Mammal

Pro tec t ion Act of 1972

MMPA).

Permit

No.

774 a l s o

author izes

the importa t ion , fo r purposes

of pub l i c

d i sp lay under

Sect ion

104 o f the MMPA o f the male k i l l e r

whale,

Ti l l ikum,

t ha t was imported

to Sea

World under

Agreement No.

1Q

fo r medica l

t rea tment

otherwise unava i lable .

t i s

requ i red t h a t

you review

and comply with the Permi t , the Specia l and

Genera l

Condi t ions

a t tached t he re to ,

and the

enclosed MMPA

and r egu la t ions

pr io r to

and while

engaging in

t h e

au thor ized

a c t i v i t i e s .

Please no te t h a t

Specia l Condi t ion

B.1 .b .

r equ i res

t ha t , pr io r to

importa t ion ,

you determine, to the ex ten t p rac t i ca b le ,

t h a t

l ac ta t ion /nurs ing has ceased

and

the k i l l e r whale c a l f to be

imported has

been

weaned.

Specia l

Condi t ion

B.1.c . r equ i res

t ha t , a t

l e a s t

30 days

pr io r

to import , you

submit an importa t ion

p lan which must be approved

before

you i n i t i a t e

f i na l importa t ion

arrangements . Specia l Condi t ion

B.2 .a .

r equ i res

t h a t

you

or your

agent no t i fy the

Direc tor , Southeas t Regional Office , National

Marine Fisher ies

Service NMFS)

t en days in advance of

t he

importa t ion

in order fo r the

Regional Direc tor

to

arrange

for

an

observer to

moni tor

the

importa t ion ,

should he determine

t h a t to

be

des i rab le . Specia l Condi t ion

B.3 .a .

r equ i res

submission

o f

a

summary r ep o r t

o f

pre jpos t

t ranspor t

procedures t h i r t y

days a f t e r

the importa t ion .

You a re

reminded

t ha t

t h e k i l l e r whale i s l i s t e d on

Appendix

I I

o f

the

Convention

on

In te rna t iona l

Trade

in

Endangered

Spec ies

of

Wild Fauna and

Flora .

For in fo rmat ion on importa t ion

requirements

fo r

Appendix I I animals , you

may con tac t the Off ice

of Management Authori ty , u.s. Fish

and

Wild l i fe Serv ice , P.O.

Box

3507,

Arl ington, Virginia 22203-3507.

P

\ I


2/37

The fee fo r t h i s permit i s 200.00.

e

would apprec ia te

rece iv ing a

check fo r t h i s amount payable

to

the National Oceanic

and Atmospheric Adminis t ra t ion . Please submit the check to

Chief , Permits Divis ion Off ice

of Protec ted

Resources , Nat ional

Marine

Fisher ies

Service

1335

East -West

Highway,

Room 7324,

Si lve r Spr ing,

M

20910.

Enclosures

Sincere ly

Na cy Fos te r Ph.D.

Direc tor

Off ice o f

Protec ted

Resources


3/37

U N I T E O S T A T E S D E P A R T M E N T

O F C O M M E R C E

Na t io n a l

O c e a n i c a n d A t m o s p h e r i c

Admi n i s t r a t i on

NATIONAL

MARINE

FISHERIES SER VICE

1 3 3 5 a s t ~ W e s t

Highway

Si lver

Spring M D

2 9 1

THE

DIRECTOR

Public Display Permit No 774

Sea World, Inc . , 7007 Sea World Drive, Orlando, Flor ida 32821, i s

hereby au thor ized to impor t t h e marine mammals spec i f i ed below

fo r p ub l i c d i sp lay

sub jec t

to the prov i s ions o f

t h e

Marine Mammal

Pro tec t ion Act o f 1972 {16 u.s.c.

1361-1407),

the Regula t ions

Governing

the

Taking

and Importing o f

Marine

Mammals

{50

CFR P a r t

216), and the Condi t ions here ina f t e r

s e t out .

A Number and Kind

of Marine

Mammals

Two

{2) adu l t

females ,

and one

1) c a l f

k i l l e r whale

Orcinus

orca) may be

imported

from Sealand

o f

t h e P a c i f i c

and

permanently

maintained for

publ i c

d isp lay purposes.

The

male k i l l e r

whale,

Ti l l ikum,

t ha t

was imported to Sea

World under

Agreement

No.

Q

for medical

t rea tment otherwise

unava i lable

may a l s o be

imported

and permanently

mainta ined

fo r pub l i c

d isp lay purposes .

B. Special

Conditions

1.

Import /Display

a . The impor ta t ion au thor ized by

t h i s Permi t

s ha l l be

conducted

as

descr ibed,

and

fo r the

purposes

s e t

fo r th ,

in

the

app l ica t ion .

b.

Pr io r to the

importa t ion ,

t h e Permi t

Holder must

determine, to t he

ex ten t

prac t i cab le , t h a t

l ac t a t ion /nurs ing

has

ceased

and the k i l l e r

whale

c a l f to be imported

has

been weaned.

c . At l e a s t

30

days pr io r to impor ta t ion , the

Permit

Holder must submit a d e t a i l e d impor ta t ion

plan

in

wri t ing to the Direc tor ,

Off ice

o f

Protec ted

Resources.

This

plan

must address : the

plans

and

f a c i l i t i e s fo r t ranspor t and maintenance o f the

reques ted animals; include t h e

Permi t

Holder ' s

dete rmina t ion in accordance with paragraph 1 . b . ;

s t a t e t h a t t he

k i l l e r

whales to be imported

have

been

determined by the Permi t

Holder to be ready

THE ASSISTANT

ADMI NI STRATOR

FO R FISHERIES


4/37

fo r impor ta t ion / t r anspor t and descr ibe the

manner

in which t h i s determinat ion

was made

by

t he Permi t

Holder; and s t a t e the poin t in t ime or ac t ion upon

which the Permit

Holder

wi l l assume s o l e

r e sp o n s i b i l i t y

for the care

and

maintenance

of the

k i l l e r

whales to

be

imported. Fol lowing the

D i re c t o r s review and

approval

o f t h i s plan the

Permit Holder may proceed with f i n a l importa t ion

arrangements ; sp e c i f i c da tes and t imes of impor t

s ha l l be

provided

in accordance with no t i f i c a t i on

condi t ion 2.a .

d. No marine

mammals

taken o r imported

hereunder

may

be used in a humanjmarine mammal swim program

where a member

of

the

publ ic i s

al lowed

to

en te r

the water with a marine mammal fo r rec rea t iona l

swimming, snorke l ing o r

scuba

div ing a c t i v i t i e s ,

unless

s pe c i f i c a l l y

au thor ized

by

t he Ass is tan t

Adminis t ra tor fo r Fisher ies .

For

purposes of t h i s

condi t ion ,

a member of the

publ ic

i s any genera l

v i s i t o r o r

customer

who engages in an

in te rac t ive

swimming

ac t i v i t y

with a

marine

mammal.

e . The

au th o r i t y

to

impor t the

marine

mammals

as

author ized here in s ha l l

extend from the

da te

o f

issuance

through

December

31, 1993.

The

terms and

condi t ions

o f

the

Permit

sha l l

remain

in

e f f e c t as

long

as the

marine

mammals, and /or

t he

progeny of

such marine

mammals,

imported

hereunder

are

maintained in

c a p t iv i t y under

the au thor i ty and

r e sp o n s i b i l i t y o f the Permit Holder .

2.

Not i f i ca t ion

a . The

Permit Holder o r i t s agent

i s requi red

to

no t i fy the

Direc tor ,

Southeas t Region,

9450

Koger

Blvd. ,

s t .

Petersburg , FL 33702 in wr i t ing , a t

l e a s t t en days

in

advance of t he impor ta t ion .

This

no t i f i c a t i on

must inc lude

t he planned

depar ture and es t imated a r r iva l

t imes

and da tes ,

t ranspor t

mode s)

and

route

inc lud ing por t of

en t ry and any in termediary s tops , and t he names

and

qua l i f i ca t ions

o f the ind iv idua l s

accompanying

t he animals dur ing t ranspor t . A copy o f t h i s


should a l so be provided

to t he Chief ,

pe rmi ts

Divis ion, Office o f Protec ted Resources.

At

the d i sc re t ion o f

the

Regional Direc to r a NM S

observer

may be

ass igned

to monitor

t he

impor ta t ion .

Ten days advance

no t ice to

t he

Regional Direc tor

and t h e Permits

Divis ion i s a l so

requi red for any fu ture t r ans fe r s o f these animals

to o ther Sea World f a c i l i t i e s .


5/37

3

b. Upon t he death

o f each animal

the Permit Holder i s

requi red to no t i fy

the Chief , Permits

Divis ion,

Off ice of Protec ted Resources

by

te lephone, so

t ha t , i prac t i cab le ,

arrangements may be

made for

a

qua l i f i ed

observer

to

be

presen t

a t

t he

necropsy.

c .

The

Permit

Holder

must provide no t i f i c a t i on

concerning the animal/human i n t e r a c t io n h i s t o ry

o f

each o f

the animals

re fe r red to in A to a l l

personnel whose r e s pons ib i l i t i e s include the

handling,

t r a in ing ,

or o ther

d i r e c t

i n t e rac t ion

with

o r

management of the animals re fe renced in

A., inc lud ing any

a c t i v i t i e s in

which

Permit

Holder

personnel en te r the primary

enc losure

i . g . , pool

in

which any o f

these animals are

held .

3.

Report ing

a . Thi r ty days

a f t e r

the

impor ta t ion , the Permit

Holder must submit a summary

r epor t

o f pre

and

pos t - t ranspor t

procedures , inc lud ing any

i so la t ion /quaran t ine

procedures , used

to determine

t he

hea l th

of the animals both pr io r t o and

fo l lowing

the

import ,

inc lud ing any medical t e s t s .

b. The Holder s ha l l submit a

r epor t by

December

31,

1992,

and

annual ly t he r e a f t e r , descr ib ing the

hea l th

and condi t ion of a l l marine

mammals

he ld .

This r epor t

sha l l be submit ted to the

Ass i s tan t

Adminis t ra tor

fo r F i sher ies , Nat iona l Marine

Fisher ies

Serv ice , 1335 East-West Highway, Sui te

7324,

S i l v e r Spring,

Maryland

20910.

c

General Condit ions

All app l i cab le General

Condi t ions

a t tached as Sec t ion

C

and

t he U.S. Department o f

Agricul ture

care and maintenance

s tandards

sha l l

apply and are made

a

pa r t

hereof .

OCT 7 992

Date


6/37

C

GENER L

CONDITIONS

1. Respons ib i l i t i e s

of

Permit Holders

a . The

Permit

Holder

in e f fec t ing t h e

t ak ing

andjor

import ing au thor ized by t h i s permi t , w i l l be

cons idered

to

have

accepted

and

to

be

prepared

to

comply

with

the prov i -

s ions

of

t h i s Permit appl icable

Regula t ions and

t he

Act.

b .

The Holder s ha l l be respons ib le

fo r

the ac t iv i t i e s of

any

indiv idua l

who

i s

opera t ing under the au thor i ty of the

Holder s

Permit r e l a t i n g to the t ak ing ,

import ing

t r anspor ta t ion ,

o r maintenance and care o f any marine mammals

au thor ized to be taken or impor ted

hereunder .

c .

Under the

te rms

of

the Regulat ions ,

a v io la t ion of any

o f the

terms

and

cond i t ions o f t h i s Permit s ha l l sub jec t the

Holder andjor

any

indiv idua l who i s opera t ing under the

au thor i ty of the

Holder s

Permit

to

p e n a l t i e s provided in the

Act.

d.

All

personnel

o f

the

Holder inc luding ve te r ina r i ans ,

requ i r ing Sta te o r

Federal

l i censes

to p ra c t i c e t h e i r profes -

s ion s ha l l be and so long as

employed

by the Holder

in t ha t

capac i ty , remain

duly

l i censed under the appropr ia te law.

e .

As

s t a t e d

in

Sect ion -216.34 o f t he Regulat ions:

1 . This Permit must

be

in the possess ion

of

the person

to which t was i ssued,

o r

an agent of

s ~ h

person

during:

a . The t ime of

the author ized taking or

importing;

b . The per iod of any t r a n s i t o f such person o r agent

which

i s

inc ident to

such t ak ing

o r import ing;

and

c . Any othe r t ime whi le any

marine

mammal taken o r

imported

under t h j s Permit i s in t he possessjon

o f

such person or agent .

2 .

A

dup l ica te

copy

o f

t h i s

Permit

must

be

physica l ly

a t tached to

the

conta iner , package

enc losure o r

o ther means o f conta inment

in which

t he marine

mammal i s placed fo r purposes o f s to rage , t r a n s i t ,

supervis ion

o r

care .


7/37

2.

Requirements

for Taking Importing

and Transporting

Marine Mammals

a.

No

marine

mammal

authorized

to be

taken

or imported

hereunder;

as the case may be shal l be

taken

by

the

Holder

or

any other person in vio la t ion

of the

law of

any

country

having

jur isdic t ion

over

the

taking.

b. This

Permit does

not

authorize the Holder or

any

other person to take marine mammals in the t e r r i to r i a l

waters

of any country without the

consent

of such

country.

The

Holder i s responsible for securing such

consent and complying

with

appropr ia te laws

of tha t

country.

c.

No marine

mammal

may

be imported

unless

the Assis-

t an t

Administrator for

Fisheries

determines tha t the

methods

of taking hblding and t ransport ing marine

mammals

in

the

country

of

or ig in

are

consis tent

with

the

provisions

and polic ies

of the

Act.

d.

Importation

of marine

mammals

i s subject

to

the

provisions of

50

FR

Part

14. Importers

are

advised

to

see

50

FR

Part

14

for

importation requirements and

information.

e. The

marine mammals authorized by

th i s Permit

to be

taken sha l l be taken in a manner determined by

the

Assis tant Administrator to be acceptable.

f. All marine mammals

must be

taken in a humane manner.

In

the

event

the

Assistant

Administrator

for Fisheries

determines

tha t

any

method

of

taking

authorized herein

or

otherwise

i s

not humane

taking by such method shal l

i ~ e d i t e l y

cease and taking

sha l l not

resume unt i l an

acceptable method of taking

has

been prescribed by the

Assis tant Administrator for Fisheries .

Any

inhumane

taking

shal l

subject the Holder to the

penalt ies

of the

Act including

revocation

of th i s

Permit.

g. The

Holder

shal l nei ther take nor

import

any

mammal

which

i s

pregnant a lac ta t ing

female or

i s an

unweaned

young mammal

unless

such

taking

o r importing is

specif ica l ly

authorized

in

Sect ion

B of

t h i s

Permit.

h.

The Holder shal l

employ

a

duly cer t i f ica ted common

ca r r ie r by a i r

water r a i l

or

road in the t ransporta-

t ion of any

marine mammals

except tha t the Holder

may

use a pr ivate

vehicle

for

such

t ranspor ta t ion i f such

vehic le i s

operated

by Holders personnel and the

provisions of t h i s subsection are complied

with

in

the

course of the

t ransporta t ion

involved.

2


8/37

i All

aspec ts

of the

t ranspor t a t ion

plans must be

found s a t i s f a c to ry by a duly l i censed

doc tor

o f

ve te r ina ry

medicine.

3 . Veter inary Program

a .

A doc tor

o f ve te r ina ry

medic ine s ha l l be on the

s t a f f

o f

the

Holder

o r

otherwise

genera l ly ava i lable

to

the Holder when needed i n o rde r t o :

1.

ensure

t ha t the taking o f marine

mammals i s

conducted in

a

humane manner;

2.

provide

prompt

and

appropr ia te medical t reatment

o f

marine

mammals being

captured

t ranspor ted

o r

maintained in c p t i v i t y ~

3.

supervise

medical ly necessary humane des t ruct ion

o f s i ck diseased s t r e s s e d in jured o r lame

animals ;

and

4. provide for

the development and implementat ion

o f an appropr i a t e

d isease con t ro l program.

b. In the event of the

humane d es t r u c t i o n

o f an animal

t he

Holder

s ha l l perform an

autopsy on the

animal

and

within seven

days o f the dea th o f such animals

s ha l l no t i fy t he appropr i a t e reg iona l

o f f i c e

of the

Nat ional

Marine Fisher ies

Service of

the death

and

send to

such

of f i c e

a

copy of the autopsy repor t .

c.

Any pregnan t animals

sha l l

r ece ive

proper ve te r inary

a t ten t ion .

All b i r ths invo lv ing any animal

taken

under t h i s Permit s ha l l be repor t ed to the Ass is tant

Adminis t ra tor fo r Fisher ies .

4. Records and Reports

a . The

Holder

s ha l l submit

a

r e p o r t

within

30 days of

the t ak ing or import ing

author ized

he re in descr ib ing

the

method and loca t ion o f the t ak ing . inc lud ing

any

problems o r compl ica t ions

which

might have ar i sen

in

connect ion with the t ak ing. The Holder s ha l l submit a

repor t

by January

1

fo l lowing

t he da te

o f

i ssuance of

t h i s

Permi t

and

annual ly

t he rea f t e r

desc r ib ing

the

hea l th and condi t ion of the marine mammals. These

repor t s

s ha l l be

submit ted

to

the Ass i s tan t Administ ra-

t o r for

F i s h e r i e s Nat ional

Marine

Fisher ies

Service

U.S. Department o f Commerce S i l v e r Spr ing M

20910.


9/37

b. The Holder shal l submit a repor t within 30

days

of

the taking or

importing

of

sc ien t i f i c

specimen mater ials

l i s t ing the species,

type

of material , method of

preser

vation,

and

the disposi t ion of the specimens. This

report shal l

be

submitted

to

the Assis tant

Administrator

for Fisheries, National Marine Fisheries Service.

c. The Permit

Holder

shal l

maintain

suf f ic ient writ ten

records

regarding themarine

mammals

taken

or

imported as

authorized herein to be taken or

imported

in

i t s

possession or otherwise acquired,

to

allow for adequate

identif ica t ion of each

such

mammal. Such

records shal l

include, but are

not

l imited to species, physical

descript ion

of the

animal,

date and locat ion

of

acquisi t ion

whether

by

capture or other means), and

identifying

character is t ics ei ther natural

or

a r t i f i c i a l ly produced.

Such

records sha l l be

available

for

inspection by a

duly authorized

representat ive of

the

Assistant

Administrator

for

Fisheries

a t

the

fac i l i ty

in

which the

animal

i s located.

d.

In the

event

of mortali ty of these

marine mammals

the Holder shal l provide a report of the death

within

30

days,

including

autopsy

and

cl in ica l

his tory in

a

form

consis tent with accepted veter inary

medical pract ices,

and

a copy of the

records required

in Section C-4c of

th i s

Permit.

e. In the

event

tha t

any

marine mammal i s kil led during

the

course

of

taking or importing, said

marine m mm l

shal l be considered as having

been

taken or

imported,

~ n

the number of l ive animals of the kind permitted

to

be

taken or imported shal l be reduced accordingly, unless

the

Assistant

Administrator for

Fisheries determines

tha t

the

death

was

due to causes beyond the

control

of the

Holder, and tha t the remains of the mammal were

disposed

of

in

a sa t is fac tory manner,

in

which

case

the Holder

shal l

be

ent i t led

to take

or import an addit ional animal.

f . I f within

30

days of

taking

or importing

a

marine

m ~ l dies or i s determined by the Holder to be unaccep

table

for his purposes,

the

Holder

sha l l

be

ent i t led to

take or

import

and addit ional

mammal

provided tha t the

unacceptable animal,

or

the

remains

of

the

dead animal,

i s disposed of

in a manner

sa t i s fac tory

to

and approved

in advance by the

Assistant

Administrator

for

Fisheries

and provided further tha t

in

the

case

of

death

the

Assis tant

Administrator determines such

death was

due to

causes beyond the control of the older . The

foregoing

replacement

privi lege ,

shal l

apply only in those cases in

which the

Assistant

Administrator determines tha t the

s ta tus of stock to which the animal in quest ion belongs

wil l

not

be

adversely affected by

fur ther taking.

4


10/37

5.

Sale o r

Disposi t ion

of

Mammals

o r Progeny

a . The

Holder sha l l not

s e l l

o r

otherwise d i spose o f 1)

any

mammal, the taking o r impor ta t ion

o f which

i s

au thor ized by t h i s Permit , or the progeny o f any such

mammal,

o r 2) any mammal in h i s

possess ion

o r

con t ro l on

the

date

of

the

i ssuance

of

t h i s

Permi t o r

subsequent ly

acqu i red which

i s

o f the same spec ies as any mammal the

taking or

importa t ion of which i s

author ized

by

t h i s

Permit ,

or the

progeny o f such a

mammal

except

with

the

approval

of

t he Ass i s t an t Admin is t ra to r

and

sub jec t to

such terms and condi t ions as

the

Ass i s t an t Adminis t ra tor

may prescr ibe . All animals sub jec t to t h i s

paragraph

sha l l

be

marked or otherwise i d e n t i f i e d in

a manner

sa t i s fac to ry

to

the Ass is tan t Adminit ra tor fo r

Fisher ies .

b.

In

the

event

of the death

o f any

marine

mammal

or o f

the species of

marine

mammal

au thor i zed

to

be

t aken

o r

imported, the

Holder

s ha l l

make every reasonab le a t tempt

t o no t i fy the sc i en t i f i c community

o f

the a v a i l a b i l i t y of

specimen

mater ia l s .

The

Holder

may con tac t the

appropria te Regional

Direc tor

o r

t h e Ass is tan t

Adminis t ra tor

for ass i s tance in t h i s mat te r .

c .

The

Holder

i s

authorized to

d ep o s i t

specimen

mater ia l s

t h a t have been t aken o r imported , i n to

sc i en t i f i c

co l lec t ions which meet t h e minimum

s tandards

of

co l lec t ion

cura t ion

and

da ta recording

and

maintenance

as es tabl i shed by the s c i e n t i f i c community. The H o l d e ~

i s au thor ized

to

export and

re - impor t such mate r i a l s

as

necessary .

6.

Display Program

a.

Any

marine mammal t aken

o r

imported

pursuant

to

the

terms

hereof may not

be disp layed a t

any f a c i l i t y

o f the

Holder other than the f a c i l i t y fo r which

the

permi t

~ a s

sought , unless spec i f i c permiss ion i s reques ted and

obtained

from the Ass is t3nt

A d m i n i s ~ r a t o r

However, the

Holder ~ a y hold the

mammals a t

ano the r

f a c i l i t y

a ~ c e p t a b l e to

the

Ass is tan t Admin is t ra to r in the manner

required

hereunder.

b . Any disp lay

program

in

which

any of the marine

mammals taken

o r

imported hereunder a r e t o p a r t i c i p a t e

s ha l l be designed so as not

to

fa t igue o r

overwork

the

mammals.

duly l i censed v e t e r i n a r i a n s ha l l

c e r t i f y to

the

Ass is tant

Adminis t ra to r

t h a t any d isp lay program

involv ing

any mammals taken o r

imported

pursuant

to t h i s

Permit wil l not unduly fa t igue

o r

i n ju r e such animals.


11/37

7

Research Program

a.

The

Holder i s authorized

to conduct

sc ien t i f i c

research

on

any marine

m mm l

taken

hereunder

provided

such

sc ien t i f i c

research reasonably can be expected not

to cause death

or

permanent injury

to

the

animal

and i s

approved in advance by

the

Assistant Administra tor .

8.

Inspection

Upon

request

by

the Assistant Administra tor , the Holder

shal l permit any employee(s) of the National Marine

Fisher ies Service or

any

other person(s)

duly

designated

by

the

Assistant Administrator,

to inspect the Holder s

records

and fac i l i t i e s

insofar as such records and

fac i l i t i e s pertain to act iv i t ies authorized by t h i s

Permit,

re la te

to species

covered by

t h i s

Permit, or

perta in

to the Assistant Adm inistrator s respons ib i l i t i es

under

the

Act.

9.

Transferabi l i ty and

Assignabil i ty

The Holder

sha l l

not

t ransfer

or

ass ign the

permit

granted herein to

any

other person, as

person i s

defined

in

Section 3(9) of the Act. This

Permit

i s of no force

and

ef fec t

i f t ransferred or assigned to any

other

such

person.

10. Permit

Amendments

a. The

provisions

of th is Permit may be amended

upon

reasonable notice by the Assistant

Administrator.

11.

Permit Fee

a. Section 216.31(d) (8) of the Regulations provides for

a reasonable fee

to

be charged to cover

the

costs of

issuance

of

t h i s Permit. The fee for t h i s Permit i s

s J .oo oo.


12/37

MEMORANDUM FOR:

FROM

SUBJECT:

U N I T E D S T T E S D E P R T M E N T O F C O M M E R C E

N a t i o n a l O c e a n i c e n d t m o s p h e r i c d m i n i s t r a t i o n

N T I O N L M R I N E F I S H : : : = : ~ : : O S ::::==


13/37

2

Background

Sea World has two appl icat ions

pending

before NMFS for publ ic

display

permits

to

import

several

ki l l e r

whales

from Canada

and

to re ta in an adul t male imported to Sea World under emergency

circumstances (see

below).

The

k i l l e r

whales

proposed for

import

are present ly a t Sealand

o f

the Pacif ic , Victoria ,

Bri t i sh

Columbia, Canada (two

adul t females and

two calves) and

Marineland o f canada, Inc . Niagara Fa l l s Ontario, Canada

(a

single

juveni le

male

k i l l e r

whale).

On January 3, 1992, Sea

World

submitted an urgent

request ,

supported

by

the

Canadian government, for

an emergency

authorizat ion to import a male adul t k i l l e r

whale from

Canada.

On

January

8,

1992,

NMFS authorized-the emergency import under a

prov1 s1 on

of

the

Marine

Mammal

Protect ion

Act

which

allows

the

import of marine mammals

for the

purpose of medical t reatment

otherwise

unavailable.

On

January

9, 1992, Sea World

imported

the

k i l l e r

whale

named Till ikum, from Canada.

Sea

World's

continued holding of

Till ikum i s dependent

upon NMFS review

and

decision

concerning the public display permit appl ica t ions .

During the

period

in

which

th i s event

unfolded, NMFS received

a

number of

comments

and

recommendations

from

various

animal

welfare groups and

the

publ ic . These comments were extensive,

substant ive, and,

for the most

par t

d i rec t ly concerned

the

Sealand of the Pacif ic fac i l i ty and the k i l l e r whales held a t

tha t

f ac i l i t y

tha t

are the subject

of one of the

Sea

World

appl icat ions.

In November 1991, NMFS conducted a public meeting as a forum for

public, animal welfare

group,

and

publ ic

display indust ry

comment

on the subject of ki l l e r whales,

capt ivi ty

capture, e tc . This

public meeting

resul ted

in a summary administrat ive record on

these

general

i ssues.

While

t h i s publ ic

meeting

served the

very

useful purpose

of gathering important general comment

and

background information

for

NMFS

consideration,

t

didjdoes jwi l l

not subs t i tute for any hearing

determined

necessary

for

any

par t icular permit appl icat ion.

These Sea

World

appl ica t ions a re

for the import of spec if ica l ly ident i f ied ki l l e r whales present ly

being

held in

two

di f fe ren t Canadian fac i l i t i e s . Consequently,

the

November

1991

ki l l e r whale

public

meeting has

no d i rec t

relevance

to

my recommendation on

whether

a hearing

i s

necessary

or appropriate

on

these

par t i cu la r

appl icat ions.

Concurrence

In general , the i ssue of Sea World holding ki l l e r whales in

capt iv i ty i s controversia l .

And a

decis ion not to

hold a hearing

on one

or

both

of

the Sea World applicat ions wil l

as

a resu l t


14/37

I

t_

3

a l so

be

con t rover s ia l .

Consequently

I

reques t

your concurrence

with y recommendation

not

to hold

a

hearing on e i t h e r Sea World

appl ica t ion

to

import k i l l e r whales present ly held in

Canadian

f ac i l i t i e s .

I

disagree

L e t s discuss


15/37

Ms.

Ann D.

Terbush

Chief, Permits Division

Office of Protected Resources

and Habitat

Programs

February

5

1993

Brad Andrews

Vice President

Zoological Operations

..

.

ational

Marine

Fisheries Service

1335

East West Highway

Room

7324

ilver Spring,

Maryland

20910

. .

.

..; .,

'

Dear

Ms.

Terbush:

Enc

1osed is an updated Inventory Report reflecting the recent

addition of the

killer

whales from Sealand of the Pacific to Sea

World.

The means used to determine the health of the killer whales

prior

to the import were precisely as described in our November 7 1991

permit application and in supplemental correspondence dated

December

30, 1991; February 14 1992; November 6, 1992; and

December

22, 1992. This information

is

incorporated

by

reference

into

this report.

Also

enclosed, pursuant to Special condition B.3.a. of Permit

No.

774 is a summary report of the health of the

killer

whales.

Sea World, Inc.

7007

Sea

World Drive

Orlando, FL 32821-8097

(407) 363-2661

FAX (407) 345-5397

11J1 usch Entertainment

li11 IJ

Corporation

ONE OF THE

ANHEUSER

BUSCH COMPANIES

Sincerely,

rad

Andrews

Vice President



16/37

MEMOR NDUM

TO

Brad Andrews

FROM

Jim McBain D.V.M.

DATE February S 1993

SUBJECT 30 Day Summary Report

The

three ki l le r

whales transported

to Sea

World

parks from

Sealand of

the

Pacif ic in Victoria canada are monitored and

examined

daily

y

the curator ial

and veterinary staffs

Routine

laboratory tes t s are performed when indicated.

I t

i s my opinion

that a l l three

animals

are doing well.

Nootka was

re-introduced to Tilikum

the

adult

male

from

Sealand shortly

af ter

her

arrival a t Sea world of Florida. She

has

had

visual

contact

with the

other ki l le r whales a t

Sea

World

of

Florida but

has

not

yet had

physical contact.

The

weanling male cal f born

December

24

1991 and

his

mother

Haida have been physically

isolated

from

the

other ki l le r whales

a t sea World of Texas since there arrival; however they

have

had

visual contact .

As

you

would expect of a young growing

animal

his

food

intake

has

continued

to

increase.

JM:kg


17/37

OMB

SN:

SP:

MARINE MAMMAL COLLECTION/INVENTORY REPORT

TYPE

OF

REPORT:_

Inven tory Adjustment

NAME or ANIMAL HOLDER:

Sea

World, Inc .

DATEOFREPORT:

1-25-93

srr CIES

SCIEN11RC

NAME:

Orcin

us orca

COMMON NAME:

Ki l l e r Wh

EST

DA1E

LOCATION

OFTAKE

AN l'vlAL NAMF/

E BIRTH

AUTIIOR

TAKEN

OR TAKE PLACE NAME AND

COLLECTOR

IDENTIFICATION

X

YEAR

DOCUMENT

ACQUIRED

TYPE

LATITUDE-LONGITUDE

OR SOURCE

SWT-Oo-9376

F

774

01/08/93

Ex.

Trans fer red

from

N/ A

Sealand

o f the

P a c i f i ~

_Vicoria

Canada

SWT-Oo-9377

M

774

01/08/93

Ex T r a n = ; f ~ r r P i l

fr()m

l\T 71

Sealand

o f

the

Pac i f i c

Vic to r i a

Canada

-

CB 12/24/91)

SWF-Oo-9301

F

774

01/08/9

Ex

Trans fer red from

N/A

Sealand

o f the

Pac i f i c .

Vic tor i ;

Canada


18/37

September

16,

1994

Ms. Ann D Terbush, Chief

Permits and Documentat ion Divis ion

Nat iona l Marine Fishe r i e s Serv ice

1315 East-West Highway

SSM IV

S i lv e r Spring , Maryland

20910

Dear

Ms.

Terbush:

~ V

\ ,

Brad ndrews

Vice President


SEP

2 I

l99L1

This

l e t t e r i s to

inform you t h a t an adu l t female k i l l e r whale a t

Sea

World

of

Flor ida

SWF-Oo-9301}

died

on September

13, 1994.

Although t e s t s

r e s u l t s a re

not

ye t f i na l , t

i s

poss ib l e t h a t the

death may be r e l a t e d

to

t he de l ive ry o f a s t i l l b o r n c a l f by t h i s

k i l l e r whale on

August

18, 1994.

Once

t he ac tua l cause

o f

t he whale s death has

been

determined, we

w i l l forward t h a t in fo rmat ion

to

you.

Sincere ly ,

Brad Andrews

Vice Pres iden t

Zoological Operat ions

BA/cls

ea

World,

Inc

7007 ea World Drive


407) 363-2661

FAX 407) 345-5397

usch Entertainment

Corporation

ONE OF THE ANHEUSER BUSCH COMPANIES


19/37

.

~ e a

W rld

October 13

1994

Ms. Ann D. Terbush Chief

Permits and

Documentation Divis ion

National Marine

Fisher ies

Service

1315 East-West Highway

SSMC IV

i lver Spring

Maryland 20910

Dear

Ms.

Terbush:

.;

_.._.

Brad Andrews

Vice President


In l igh t of

the

recent amendments to the

Marine

Mammal

Protect ion

Act Sea World i s not required to submit copies of necropsy reports

to the

National Marine

Fisher ies

Service

{ NMFS ) Nonetheless

as

a courtesy to NMFS we are

enclosing

a

copy of

the necropsy report

for the

adul t

ki l l e r

whale a t Sea World of

Florida

(SWF-Oo-9301)

which

died

on

September

13 1994.

Sincerely

Brad Andrews

Vice President


j as

Enclosure

cc:

Dr.

Barbara A. Kahn

USDA/APHIS

ea World, Inc.



407) 363-2661

FAX 407) 345-5397

1\91

Busch Entertainment

Corporation

ONE

Of

TH

NiEUSER BUSCH

COMP NIES


20/37

MARiNE MAMMAL

COLLECflON/lNYENTORY

REPORT

TYPE

OF REPORT: INVENTORY UPDATE

DATE OF

REPORT:__

.;;_

: : / ; : : 1 : : 3 / ~ 9 ; 4

_

AME OF ANIMAL HOLDER: Sea World Inc.

..

SPECIES

SCIENTIFIC N A M E : _ : O ; : ; r : : c : : i n : : u ; : : ; s ~ o : : r : : c ; ; ; a______

COMMON NAME: Killer Wha

.

s EST

DATE

LOCATION

OF TAKE

ANIMAL NAMFJ

E

BIR1H

AOTHOR

TAKEN

OR

TAKE

PLACE NAME AND

COLLECTOR

CURR

IDENTIFICATION

X

YEAR

DOCUMENT

ACQUIRED TYPE

LATITUDE LONGITUDE

OR

SOURCE STAT

SWF-Oo-9301

F

1 774

01/08/93

LM

Transferred

from N/A

D N

Sealand of

the

Pacific Victoria

Canada

.

--

.


21/37

Sea World

of F lo r ida

GROSS NE ROPSY REPORT

F J ~ C I L I T Y Sea

World

of F lor ida PROSECTOR

Drs. Terry

W. Campbell .

Mik

Walsh,

Deke

Buesse,

Dan

Hawkins.

A l l i s t e r

W

G l ~ N U S /SPECIES

orcinus orca

II> NUMBER: SWF 009301

AGE

>

14

y r s SEX _ F

D l ~ T E

OF

DEATH

9/13 /94

DATE OF NECROPSY

9/13/94

E l ~ T E R N A L MORPHOMETRieS

(Metr ic

Only)

W I ~ I G H T

2730Kg

TOTAL LENGTH

541 em

HISTORY

This a du l t female

Ki l l e r

whale

de l ive red a

s t i l l b o rn ca l f on 8 /1 8 /9 4 . The

was no gross pathology noted in the c a l f . Following par t u r i t i on t he moth

l e ~ s t

a

l a rge

amount

of blood,

however

the vaginal

hemorrhage

s topped quickl

She

remained

c l i n i c a l l y

normal

un t i l two

days

before her

death

when

she

beg

ac:ting l e t ha rg i c . Laboratory

t e s t

r e s u l t s were sugges t ive of a sept icemi

The animal

was

immediately

t r ea t ed

with sys temic an t i b i o t i c s . The fol lowi

day, she began

to

vomit

and l a t e r she

prolapsed her vagina

and

cerv ix .

H

condi t ion

began

t o de t e r i o ra t e

in s p i t e o f therapy. During an

a t tempt

re duce the pro lapse t was determined t h a t her ur ina ry

bladder

was

t r app

in the prolapsed t i s sue . The animal d ied dur ing the at tempt to reduce t

pro lapse .

-.

. ;

.,.

; .


22/37

Page 2

I .D. NO. SWF 00 9301

Code:

in paren thes i s , to fol low

samples

taken when

necessary

c = cu l tu re ; V = vi rology; M = meta ls ;

P

pes t ic ides ;

E =

e l ec t r on microscope samples

GENERAL EXTERNAL APPEARANCE: ora l cav i ty , e x te rna l

nares , skin ,

eyes)

Large

pro lapsed mass pro t ruding

from urogeni ta l

slit see under reproduct i

t r a c t .

SUBDERMAL CONDITION: blubber, muscles, lymph nodes)

NSGL no

s ign i f i c an t gross

l e s ions ] .

Blubber

th ickness :

mid-do r sa l=

8 e

mid- la te ra l

=

5.5

em,

mid-vent ra l

=

5

em.

CRANIAL EXAM ears , melon, pterygoid s inus)

NSGL

CENTRAL NERVOUS SYSTEM: bra in , p i t u i t a r y ,

sp ina l

cord)

NSGL

THORACIC CAVITY: pleura)

NSGL no f l u id was found, t hyro id gland appeared normal .

UPPER RESPIRATORY SYSTEM:

nasa l

sacs ,

nares ,

l a rynx)

NSGL

Histo logy

i nd ica t ed a

d i f fu se t r ache i t i s .

LOWER

RESPIRATORY SYSTEM: t rachea , bronchi ,

lungs ,

lymph nodes}

Lungs

appeared

d i f fu se ly congested,

t he ven t r a l

p leu r a of t he c ran ia l 1/3

the

l e f t lung

appeared edematous and conta ined a

c l ea r , s t raw

colored f lu i

the p leu ra l

lymph

nodes appeared

enlarged

and pa le .

Histology:

acute ,

severe ,

n e c r o t i ~ i ~ q - f i b r i n o h e m o r r h a g i ~ pneumonia.

Cul tures : Pseudomonas aeruginosa

CARDIOVASCULAR

SYSTEM: hear t , aor ta ,

major

vesse l s )

NSGL normal amount

of

f a t in the coronary groove of

t he

hea r t .

Heart

weig

was 7.3

Kg.


23/37

Pac;;re

3

I .D. NO. SWF

00 9301

ABDOMINAL

CAVITY: {lymph

nodes)

T h ~ abdominal lymph nodes were t remendously

enlarged ,

espec ia l ly th

mesenter ic nodes.

The

l a rge s t

nodes were

cys t i c

and

conta ined a

fou l

smel l in

g r ~ e n i s h f lu id .

His to logy

of

lymph

nodes ind ica ted

moderate hyperp las ia

wi

ery throphagocytosis . Cul tures revea led Pseudomonas

aeruginosa.

DIC;ESTIVE SYSTEM:

esophagus,

stomach, i n t es t ine , cecum, rectum, lymph node

T h ~ stomach was gross ly di s t ended

with

f l u id that . f i l l e d a l l compartment

T h ~ r e was approximately two pounds of p a r t i a l l y diges ted f i sh in

t he

f i r

compartment.

The mucosa

o f t he duodenal ampula contained ecchymos

throughout .

The

major i ty o f t he i n t e s t i n a l se rosa a lso conta ined di f fu

ecc::hymosis. The

i n t e s t i n a l mucosa

appeared normal,

however the

i n t e s t i n

content was more

formed

t han

normal.

The lymph nodes along t he i n t e s t i n

t r a c t were

enlarged . His to logy revea led acute ,

d i f fu se

conges t ion involv in

muc::osa of stomach

compartments

and

i n t es t ine . Cul ture revealed Pseudomon

aeruginosa .

LI 7ER: b i l i a ry

system)

NSGL, l , iver

weight

was

59.4 .

Kg.

His to logy

revea led mild,

mui t i foc

l ~ n p h o p l a s m a c y t i c

he pa t i t i s .

Cul tures revea led

Pseudomonas

aeruginosa .

P A l ~ C R E A S

Nsc:;L,

His to logy

revea led

acute congest ion .

SPLEEN:

NSGL, t he sp leen

conta ined a

number of

se rosa l s ca r s .

Th1e

sp leen

weighed

1 .

0

Kg.

Histo logy

revea led acute

congest ion.

RE:PRODUCTIVE SYSTEM: { t e s t i c l e s ,

ovar ies)

Th e

ce rv ix

and

vagina had

pro lapsed

through

the gen i t a l slit The ur ina

bladder

and

ute rus were behind t he

pro lapsed

vagina and were. pa r t i a l

out s ide the

body

cav i ty . The gross appearance of t he reproduct ive

t r a

fol lowing reduct ion of

t he

pro lapse was normal. The

uterus

appeared norm

fo r a

pos tpar tu r ien t animal .

The r i gh t horn was t he pregnant horn and th

r i gh t ovary

conta ined

a l a r ge corpus

luteum. Uter ine

cu l t u r e s

reveal

Pseudomonas aeruginosa.

URINARY SYSTEM: kidneys, ure t e r ,

bladder ,

u re thra )

The

ur ina ry

bladder

was

pro lapsed

with t he ce rv ix and vagina. The ur ina

bladder was dis tended wi th

ur ine , the ure t e r s were markedly d i l a t ed , t h

r i gh t kidney had

two cys t i c

areas , one 3 x

3.5

em

a rea

on

t he

l a t e r a l caud

sur face

and one 3 x 6 em mul t i lobu la ted

a rea

on the

mid - l a t e r a l area .

The

l e f t kidney

weighed 7.3 Kg and t he r i gh t kidney weighed 8.3 Kg. Histolog

of t he kidney

revealed

acute

congest ion . Cul tures revealed

Pseudomon

ae.ruginosa.

ADIRENAL

G L ~ S

NSGL,

adrenal

weight combined

was

0.7 Kg. His to logy

revealed

acute , modera

co,ngestion.

SKELETAL SYSTEM:

NS:GL

P ~ B A S I T E

SUMMARY:

No pa ra s i t e s seen.

S E

1

ECIAL TESTS:

1. Histology

of necropsy t i s s ue s .

2.

Bacter ia l cu l tu res of ur ine

x2] , u te ru s r i gh t

endometrium], l i ve r ,

mesenter ic lymph

nodes x2], lung

x2] ,

i n t e s t i ne , l e f t

mammary

gland.

3.

Virus

i so l a t ion spleen, lymph nodes, l i ve r , lung]

4. Immunologic

panel


24/37

Page 4

I .D. NO.

SWF 00 9301

GROSS SUMMARY:

1. Genera l ized lymphadenopathy

2.

Diffuse

i n t e s t i n a l

se rosa l

hemorrhages

3.

c ran i a l gas t ro in t e s t ina l s t a s i s

para l y t i c i l eus ]

4. Lungs - edematous, poss ib le an t e r i o r ,

ven t ra l pneumonia.

5. Prolapsed ce rv ix ,

vagina,

ur ina ry bladder ,

and

ute rus .

TENTATIVE DIAGNOSIS:

Bac te r ia l sept icemia.The

genera l i zed

l rmphadenopathy may have r e s u l t e d fr

the sept icemia .

The

enla rged

lymph nodes

may

have

beena r e s u l t of

a

previo

disorde r .

Pseudomonas

aeruqinosa

was

i so l a t ed

from

the

lung

[x2] ,

kidne

mesenter ic

lymph nodes [x2] , l i ve r ,

ute rus , and

i n t e s t ine . A blood

c u l tu

t aken 24 hours pr io r t o dea th was a lso pos i t i ve for Pseudomonas aeruginos

The

or ig in

of

the

sys temic

i n f e c t ion may

have been an acu te , Pseudomon

aeruginosa pneumonia.

CONCLUSIONS: {af te r his to logy c l i n i c a l pathology

review

His topathologic

f ind ings

combined with ba c t e r io log ic c u l tu r e s

of Pseudomon

aeruginosa

from

postmortem samples

of

lung

i nd i c a t e

fulminant

Pseudomon

aeruginosa pneumonia.

Cultures of Pseudomonas

aeruginosa

from t he blo

col lec ted antemortem

and

from

o ther organs

col l ec ted

postmortem i nd i c a

Pseudomonas sept icemia .

The

hemorrhage and erythrophagocytos is in var io

s i t e s

a re

probably secondary

to

t he bac te remia .

DATE: 10/3/94

;e:;

tJ

/rJIY

SIGNED:

Terry

W. Campbell ,

DVM

PhD

Sea World

o f

Flor ida

7007 Sea World

Drive

Orlando, FL 32821


25/37

Mr. Brad Andrews

Vice

Pres ident

Zoological Operat ions

7007 Sea

World

Drive

Orlando Flor ida 32821-8097

Dear Mr.

Andrews:

U N I T E D

S T A T E S D E P A R T M E N T

O F

C O M M E R C E

N at i ona l Ocean ic and

At iT ' ID pher ic AdiT ' I in is t ra t ion

NATIONAL MARINE FISHERIES SERVICE

Si lver Spr ing Mary land 2 0 8 1 0

DEC

I 6

992

Thank

you

fo r your

recen t l e t t e r no t i fy ing the

National

Marine

Fisher ies

Serv ice

NMFS) o f

your i n t e n t

to

import

t h e k i l l e r

whales from Sealand o f

t h e P ac i f i c au thor ized

under

Permit No.

744.

Some

add i t iona l in fo rmat ion i s needed

before we

can approve

your plan for impor ta t ion .

Spec ia l

Condit ions

B . l . b .

and

B. l . c .

o f

your

permit

requ i re

t ha t :

+ B. l .b . Pr io r to the importa t ion , the Permit

Holder

must

determine to

t he

ex ten t prac t i cab le ,

t h a t

l a c t a t i o n /n u r s in g

has

ceased

and

the k i l l e r whale

c a l f

to be

imported

has

been

weaned.

B. l . c . At l ea s t

30

days pr io r t o importa t ion ,

t h e

Permit

Holder must submit a de ta i l ed impor ta t ion p lan

in

wri t ing to the Direc tor , Off ice of Protec ted Resources.

This plan must address :

the

plans and f a c i l i t i e s for

t r an s p o r t

and maintenance o f the reques ted

animals ;

include the Permit Ho lder s de te rmina t ion in accordance

with paragraph

l . b . ; s t a t e t h a t

t h e k i l l e r

whales

to be

imported

have been determined

by the Permit Holder to

be

ready

fo r impor ta t ion / t r anspor t and

desc r ibe

the

manner

in which t h i s

dete rmina t ion was

made by the

Permit Holder ; and s t a t e the po in t in t ime

o r

ac t ion

upon which the Permit

Holder

w i l l assume so le

r e sp o n s i b i l i t y fo r the

care

and

maintenance o f

the

k i l l e r whales to be

imported. Following

the D i re c t o r s

rev iew

and approval o f t h i s plan

t h e Permit

Holder may

proceed

with f ina l

importa t ion arrangements ; sp e c i f i c

da tes

and t imes

o f import

sh a l l

be prov ided in

accordance

with


condi t ion

2 .a .

e do

not

agree

t ha t

t i s premature to make dete rmina t ions

t h i r t y days in

advance o f

the proposed impor ta t ion / t r anspor t

regarding whether the k i l l e r whale

c a l f

has been weaned and

whether each o f the

k i l l e r

whales

i s

ready fo r

impor ta t ion / t r anspor t , a l though we do agree

t h a t

t h e i r read iness

for

impor ta t ion / t r anspor t should be

reassessed as

c lose to

t r anspor t as poss ib le . Such dete rmina t ions t h i r t y days in


26/37

2

advance

are poss ib le

and

are

necessary fo r us to eva lua te the

proposed impor ta t ion p lan pr io r to au thor i z ing the import

ac t iv i t i e s . In t h i s

regard , your

l e t t e r mentioned da ta ava i lab le

comparing observed food consumption and absence o f nurs ing o f

the

ca l f

with

s imi la r

behavior

o f the

s ix

o ther

k i l l e r

whales

t ha t

have

been

success fu l ly

weaned

a t Sea World parks . To t he

ex ten t

t h i s

da ta

demonstrates t he

readiness of

the k i l l e r whale

c a l f fo r impor t / t r anspor t o r

t ha t

the c a l f has been weaned, it

would

be

he lp fu l

i

you would supply

da ta

on t h i s c a l f

s pe c i f i c a l l y to inc lude :

1. Food

consumption da te

o f i n i t i a t i o n of

s o l id

food

amount o f

kca l jday

a t

i n i t i a t i o n

o f so l i d food,

mid-weaning,

and

cur ren t ly

( i . e . l a s t 30 days ) .

2. Frequency of nurs ing a c t i v i t y

a t

t ime

o f

i n i t i a l

so l i d

food

i n t roduc t ion , mid-weaning,

and

cur ren t ly ( i . e .

l a s t

30

days) .

3. Behavioral t r a in ing se ss ions prepar ing for t ranspor t

process

handl ing

h i s to ry

s t r e t c he r t r a in ing

medical

procedure

t r a in ing

e would a l so

apprec ia t e

s imi la r data on the o ther

s ix ca lves for

comparison.

After

rece iv ing

the reques ted informat ion,

a

dec i s ion

can

be made

on your reques t . I f you have

any

ques t ions

regarding t h i s

reques t , p lease

con tac t

Ann

Terbush o r Art J e f f e r s on

301/713-2289.

Sincere ly ,

i W J J ~ ~

Michael

F. Til lman, Ph.D.

Acting Direc tor

Off ice o f

Protec ted

Resources


27/37

.

~ S e a

lrld

VIA FAX

Brad Andrews

Vice President


December 22, 1992

Dr.

Michael F. Tillman

Acting Director


National Marine Fisheries Service

1335 East-West Highway Room 8268

Silver

Spring, Maryland

20910

Re: Permit

No. 774

Dear

Dr.

Tillman:

( .1 .:

DE 2 4 ..

\

. . .

. ~ . ; ; _ : . :

.

: : . ffl

.

,

',.

I

;

.

. ...

In a letter dated November 6, 1992 we provided the Service

with notification of our intent to transport the killer whales from

Sealand of the Pacific between December 24, 1992 and January 31,

1993 along with details describing our import plan. We feel we

have provided

all

the necessary information.

Permit

No. 774 requests a final determination

at

least thirty

days

in advance of the transport

that

each ani

rna

1

is fit

for

transport In

our importation plan submitted

November

6, 1992 we

stated

the

ani

rna

1

s

were

in good

he

a

1

h and apparent

1

y fit for

transport This determination

was

made

by

the Sea World and

Sealand veterinarians The animals remain in apparent good health.

However Sea World s importation plan reflected our best veterinary

judgment that a final determination

thirty

or more days prior to

transport does not necessarily mean the anima 1 will be fi t for

transport

thirty or more days later Therefore, our importation

p

1

an

stated t

was

premature to

make

a fi

na

1

determination

and

provided that such an assessment

would

be made nearer the time of

transport

Sea World, Inc.



(407) 363-2661

FAX (407) 345-5397

M l Busch Entertainment

M

Corporation

ONE OF THE ANHEUSERBUSCH COMPANIES


28/37

Dr. Michael

F.

Tillman

December 22, 1992

Page

2

Based on your December 16 letter, NMFS apparently disagrees

with our position

as

to

when

a final determination regarding

fitness for transport should be made. In light of your position,

we

will again

certify

that,

as

of the date of our November 6, 1992

letter, each of the animals was fit for transport.

Each

animal

remains fit for transport today. A copy of

Dr. Jim

McBain s

certification is attached. We will also continually monitor the

condition of the animals

and will,

immediately prior to transport,

undertake

an

addition a1 assessment of

each anima

1

s fitness

for

transport to ensure that nothing

has

changed

from

the date of this

letter. We would, of course, not put the health of these animals

at risk.

Your December 16 letter also

calls

for a determination that

lactation/nursing

has

ceased. In our November 6, 1992 letter, we

were

unable to

make

the determination that lactation/nursing had

ceased

and

the

calf was

completely weaned. Our importation plan

stated

Sea World would

provide the Service with this determination

at a

later

date

by

a

comparison

of

food consumption and

absence of

nursing behavior with that of other

killer whales

which have

been

successfully weaned.

The

Marine Mammal

Protection

Act ( MMPA ) has no

requirement

for a

thirty

day

pretransport

notification

regarding

either

nursing

or

fitness

for transport. With respect to nursing animals, the

Act

states i t is

unlawful

to import a marine

mammal

that was nursing

at the time of taking. 16

U.S.C. 1372

(b)

(2).

As

you

know, this

provision was included in the MMP to prevent the separation of a

mother

and

nursing calf. The Sealand

calf and mother

will not be

separated during transport, or

after

transport for a significant

period,

if

at all.

Assuming the importation of a captive-born marine mammal is a

taking under the

MMPA, an interpretation

of the

MMP

with which

Sea

World

disagrees,

Sea

World

believes

i t

is

complying

with the

MMP

by providing this determination at the time of taking, not thirty

days before. Neverthe 1ess, we can and do now make the

deter-

mination that lactation/nursing

has

ceased. That determination is

also contained in Dr.

McBain s

attached certification. However,

Sea

World's actions should not be construed

as an

admission that

the

term

take includes the transport of marine mammals already in

captivity.


29/37

Dr. Michael

F.

Tillman

December

22,

1992

Page

3

Your December 16 letter also states the two preceding

determinations are necessary for

[NMFS]

to evaluate the proposed

importation p an We do not understand what these

determinations

have

to do with evaluating the remainder of the

importation plan. The remainder of the plan

relates

to: 1) the

plans and

facilities

for transport and maintenance of the animals,

and 2) the point in time at which

Sea

World will

assume

sole

responsibility

for the care and maintenance of the

killer

whales.

The facilities, procedures and personnel associated with the

transport are not

related

to the

two

medical determinations since

neither Sea

World

nor NMFS

would

consider transporting an

animal

not fit for transport. Similarly, the point in time at which Sea

World

will

assume

sole

responsibility

for the care

and

maintenance

of the animals is not

related

to either determination.

The remaining information

which you

said would

be

helpful to

you regarding the food consumption, frequency of nursing activity

and behavioral

training

sessions for transport is also attached in

a

memorandum

from

Dr. Dan

Odell to me.

We believe this

letter

and the attached information

fully

respond to your request for additional materials contained in your

December 16 letter.

However,

we have a

significant

matter of

concern

which

we

must

share with you.

It is your agency's position that permit holders

have

a

responsibility to provide

sufficient

information. We also believe

your

agency

has a

responsibility

to act in a timely

manner.

s you

know, the importation of a animal the

size

of the killer

whale

requires advance chartering of

aircraft,

cranes

and

associ a ted

equipment, all at a significant expense. We believe

if

the Service

requests a plan

thirty

days in advance, then the Service

has

a

responsibility to act in a timely manner within those

thirty

days.

Sea

World's importation plan was dated November 6,

1992

and,

according to the time-stamped copy,

was

received

on

November

12.

Having not heard from the Service after

thirty

days,

Sea

World

has

initiated

the preliminary steps necessary for making the final

transportation arrangements. Consequently,

we

will soon provide

you with the ten day not i fi cation of the p

1an

ned departure and

arrival

times,

etc.,

as required

by

permit condition B ii) a).


30/37

Dr Mi

chae1 F Ti

man

December

22 1992

Page

4

We

greatly appreciate your cooperation in

this

matter.

j s

Attachments

Sincerely

d _ ~ .

Brad Andrews

Vice

President



31/37

Dr. Michael

F

Tillman

Acting Director


National Marine Fisheries Service

1335 East-West Highway, Room 8268

Silver Spring, Maryland 2091 0

Dear Dr. Tillman:

.

.

c

December

22,

1

992

This

communication

is

to

certify

that

on November 6,

1992

and

as

of

this

date the three killer whales housed at Sealand of the Pacific in Victoria,

B.C. are

fit for

transpor t. I plan

to

continually monitor the health of these

animals up

to

the transport date and will make a final health assessment

immediately prior to transport.

The weaning

of

the calf has progressed much

as

it did

with the Sea

World killer whale calves. The calf was consuming more than one half of its

caloric intake in the form of solid food by 1 0 months of age. By

11

months

of age, nursing had become sporadic with nearly all nutrition in the form of

solid food. Between

11

and 11 1/2 months, there was a

total

of 2 minutes

6 seconds of nursing, which means virtually all caloric needs were being

supplied

by

herring and salmon. For

the

last 1 0 days there has been no

nursing by the calf, its intake of fish is at

24

to 25 pounds per day. The

calf s mother

has made no

attempts

to encourage the calf to nurse nor has

milk been seen from her during the last 2 weeks. It is clear from this

information that the weaning process

is

complete. The

calf s

mother is no

longer producing

milk

and

the

calf

is

fully weaned.

JMB:dd

Sea World of California

1720 South Shores Road

San Diego, CA 92109-7995

619) 222-6363

l Busch Entertainment

1M

Corporation

ONE

Of

THE ANHEUSER-BUSCH COMPANIES

Sincerely,

V ~ ; ;;,h/4;

Jim McBain, D.V.M.

Corporate Director

Veterinary Medicine


32/37

~ . O O . W r l d

TO:

Brad

Andrews

FROM

Dan Odel l

DATE:

December

22, 1992

SUBJECT:

K i l l e r Whale Cal f Data

Interoffice

orrespondenc

The

fol lowing

da ta

are in re fe rence to the

NMFS

December

16,

1992 l e t t e r reques t ing information regard ing food consumption,

frequency o f nurs ing ac t i v i t y and behav iora l t r a in ing

with r espec t

to

the

k i l l e r whale

c a l f

in V ic to r ia ,

B.C.

Based

on

a

sample o f s ix k i l l e r whales which have been

success fu l ly weaned

a t

Sea World, the

animals

were f i r s t

observed

playing

with food

between

25-79

days

o f b i r t h

(mean=SO

days)

.

The

Sealand

c a l f was f i r s t observed play ing wi th

food a t

44 days. The

f i r s t observed swallowing

of

food fo r the

s i x k i l l e r whales

ranged

between 64-104

days

(mean=81 days ) . The

Sealand

c a l f was f i r s t

observed swallowing food

a t 98 days .

Five o f s ix ca lves

success fu l ly weaned a t Sea World were observed cons i s t en t ly ea t i n g

food

a t

between 98-149 days (mean=122

days)

The s ix th c a l f the

f i r s t

one born a t Sea

World)

was

not given

f r ee

access t o f i s h when

she

s t a r t ed

ea t ing the f i sh not

ea ten

by her

mother and, t he re fo re ,

i s

not

included

in

the s t a t i s t i c a l

ana lys i s .

The

Sealand

c a l f was

cons i s t en t ly ea t ing food a t

102

days .

At eleven months o f age,

f ive o f s i x ca lves were not

nurs ing .

Here

aga in ,

the

f i r s t

c a l f

born a t

Sea

World

i s

not inc luded because she

was t r e a t e d

d i f f e r e n t ly . She

was

fu l ly weaned a t

18

months o f age. At

eleven

months

o f age, the Sealand k i l l e r

whale c a l f was

not

nurs ing . The

Sealand

k i l l e r whale i s now

almost 12

months o f

age.

The

average

da i ly c a lo r i c i n t ake fo r t he s ix ca lves

weaned a t Sea World

when

they

were

e leven

months of age

was 22,000 Kcal ,

with

a

range

of

12,

000-32, 000

Kcal .

The average da i ly

c a lo r i c in take

for

the

Sealand

c a l f

a t

11

months o f age

was 19,000 Kcal .

The

range

of

observed

nurs ing t imes

o f

the

s t a r t

o f

weaning

was

2-7 minutes per

day

(mean=4.7 minutes) based on

a

sample

o f

s ix

k i l l e r

whales

success fu l ly weaned a t Sea World. At the s t a r t

o f

weaning, the

Sealand

ca l f

was nurs ing

approximately

4

minutes pe r

day. We

do

not have

da i ly

nurs ing t imes

a t

mid-weaning s ince 24

hour observa t ions

on

ca lves

are

t e rmina ted

a t approximately 100

days o f age.

For

purposes o f t h i s

memo, I

have def ined the s t a r t

o f

weaning

as t he

age

a t which t he c a l f was f i r s t observed

swallowing

whole f i sh .


33/37

Ki l l e r

Whale Calf Data

December

22

1992

Page 2

Behavioral

t r a in ing ,

the

handl ing

his tory ,

s t r e t che r

t ra in ing ,

and medical procedure t r a in ing

are

a l l par t of desens i t i za t ion

t ra in ing . For

each

baby k i l l e r whale we undertake a process of

de s e ns i t i z a t i on

t r a i n i ng t o

teach the whales through pos i t i ve

reinforcement

to

accept

outs ide s t imul i

and

changes

in

the

environment.

This i s accomplished by re inforc ing and teaching the

c a l f

to

fo l low

and even

mimic

the o lder adul t whales.

Desensi t iza t ion

t r a in ing

s t a r t s

by bu i ld ing the an imal s confidence

and

having the animal

approach

the

t r a ine r and al low simple touch

or

changes in

the environment.

For

example

l a rge

ob jec t s are

in t roduced and the

animal

i s taught to

re t r i eve

them. This i s a l l

done as the

animal s t a r t s

to accept s o l id

food.

With respec t to

the Sealand ca l f , t h i s process

was

s t a r t ed a

few months

ago when

the

ca l f s t a r t ed

eat ing

so l id

food

cons i s ten t ly .

These

t echniques

have

prepared the

ca l f

for handl ing medical procedures and

t r anspor t .

~ J : . Q l d f

aniel K Odel l Ph.D.

Research Biologis t


34/37

Mr. Brad Andrews

Vice President

zoological

Operations

Sea World,

Inc.

7007 Sea

World Drive

Orlando, Florida

32821-8097

Dear Mr. Andrews:

U N I T E D

S T A T E S

D E P A R T M E N T D F C O M M E R C E

N at i ona l Ocean ic

a n d A t m o s p h e r i c A d m i n i s t r a ti o n

N A T I O N A L M A R I N E FISHERIES SERVICE

Si lver Spr ing Maryland

2 9 1

DEC 9

992

Thank you

for your

reply to our recent l e t t e r regarding your

in ten t to

import

the ki l l e r

whales from

Sealand of the

Paci f ic

authorized under

Permit No.

774.

e have determined tha t the

information

provided

in

your

l e t t e r

and

attachments,

in

combination with the information submitted in your l e t t e r dated

November 6, 1992, i s suff ic ien t to comply with the

requirements

of specia l conditions B.1.b. and B.1.c. of Permit No. 774.

As

required

by

Special

Condition

B.1 .c . , your importation plan as

described in the above referenced correspondence

i s

approved and

you

may

proceed with f ina l importa t ion arrangements. Please be

reminded

tha t , in accordance

with Special Condition

B.2.a.

of

your permit, you must not i fy the Director , Southeast Regional

Office,

National

Marine

Fisheries

Service t en days in advance of

the importation.

I

regret

the

delay

in

responding

to

your

ea r l i e r

le t t e r , and

we,

of

course, agree

tha t

both your and any other permit holder s

l e t t e r s should

receive

a t imely reply.

Nevertheless,

I must

poin t out tha t the condit ions of your permit require tha t

Following

the

Director s review

and

approval of (your

importation]

plan

the Permit Holder may proceed with

f ina l

importation arrangements; This condit ion

of

your permit,

special

condit ion

B.1.c . , along with Special Condition B.1.b. ,

was resta ted in our

l e t t e r

to you of December

16,

1992.

Please

do not misunderstand our posi t ion

regarding

when a

f ina l

determination of f i tness

for

t ranspor t

should

be made.

As we

s ta ted

in

our

December

16,

1992, l e t t e r ,

our

posi t ion

i s

tha t

t

i s not premature to make

determinations

t h i r t y days in advance

of

the proposed importat ion/transport regarding whether the k i l l e r

whale ca l f

has

been

weaned and whether each of the k i l l e r whales

i s ready

for

importat ion/transport . The necessary determinations


35/37

and

supporting

information in

th i s

regard

were submitted

subsequently in your l e t t e r of December 22 1992.

As

w also

s ta ted in our l e t t e r of December 16

1992

we of course agree

tha t

in

the

case of any importa t ion or t ransport

a

f ina l

determination regarding

f i tness

for

t ranspor t

should

be

made

immediately

pr ior

to

t ransport .

I f you have any quest ions

regarding

these

matters please contact

Ann

Terbush or Art Je f fe r s on

301/713-2289.

cc: Barbara Heffernan

Sincerely

~ ~ ~

ichael F. Tillman Ph.D.

Acting

Director

Office

of

Protected Resources


36/37

VIA FAX

December

29,

1992

Dr. Andrew J Kemmerer

Brad Andrews

Vice President


.: .

Director, Southeast Region

National

Marine

Fisheries Service

9450

Koger Boulevard

St. Petersburg,

FL 33702

Dear Dr.

Kemmerer:

Pursuant to Special Condition B 2) of Permit 774, Sea World hereby

provides ten days notice of its intent to import three killer

whales from Sealand of the Pacific to Sea World s facilities

The transport

mode is

vi a charter 747-200 aircraft and charter

truck.

The

departure of the aircraft

from

Victoria,

Canada is

planned for 8:00p.m. local time on January

7, 1993.

Arrival

at

the port of entry in

San

Antonio,

Texas is

estimated

at

2:00

a.m.

local time on January 8,

1993. The

aircraft

is

expected to depart

for Orlando

at

4:00

a.m.

Arrival in Orlando

is

estimated

at

7:20

a.m. local time.

The

names

and

qualifications of Sea

World staff accompanying

the

animals during the importation are attached.

Sea World, Inc.

7007 ea World Drive

Orlando, FL 32821-8097 CC :

407) 363-2661

FAX 407) 345-5397

rtl Busch

n ~ e r t a i n m e n t

W :

Corporation

Sincerely,

Brad

Andrews

Vice President


Ann D Terbush, Chief, Permits Division

National

Marine

Fisheries Service


37/37

IMPORTATION SUPERVISION:

Brad F. Andrews Vice President/Zoological Operations

20

years experience with marine

mammals

James F. McBain D.V.M. Corporate Director of Veterinary Medicine

18

years of experience with marine

mammals

James E. Antrim Vice President/General Curator

19 years experience with marine mammals

Terry

Campbell

D.V.M. Staff Veterinarian

4 years of experience with marine mammals

Thomas H

Reidarson D.V.M. Staff Veterinarian


Dee

H

Cross

Jr.

Supervisor/Animal

Care

20 years experience with marine

mammals

Robert Wagoner Assistant Curator of Mammals


Robin

Friday Assistant Curator of Animal Training


Mark

A Ruther Supervisor of

Mammals

9 years of experience with marine

mammals

Clinton Thad Lacinak Jr. VP/Corporate Curator of Animal Training


mammals

James J. Clarke Assistant Curator of

Animal

Training

16

years of experience with marine

mammals

Stewart Clark Supervisor of Training


mammals

Cynthia A Swanson

Animal

Care

Specialist

I


mammals

Roger

Loupe Senior Trainer


Additional personnel experienced in the care of marine mammals may

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Permit No774 Permit and Reports (37pgs)

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