Section
[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR3.113]
[Page 112-114]
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
                               AGRICULTURE
PART 3_STANDARDS--Table of Contents
 Subpart E_Specifications for the Humane Handling, Care, Treatment, and
                    Transportation of Marine Mammals
Sec. 3.113  Primary enclosures used to transport marine mammals.
    No dealer, research facility, exhibitor, or operator of an auction
sale shall offer for transportation or transport, in commerce, any
marine mammal in a primary enclosure that does not conform to the
following requirements:
    (a) Primary enclosures that are used to transport marine mammals
other than cetaceans and sirenians must:
    (1) Be constructed from materials of sufficient structural strength
to contain the marine mammals;
    (2) Be constructed from material that is durable, nontoxic, and
cannot be chewed and/or swallowed;
    (3) Be able to withstand the normal rigors of transportation;
    (4) Have interiors that are free from any protrusions or hazardous
openings that could be injurious to the marine mammals contained within;
    (5) Be constructed so that no parts of the contained marine mammals
are exposed to the outside of the enclosures in any way that may cause
injury to the animals or to persons who are nearby or who handle the
enclosures;
    (6) Have openings that provide access into the enclosures and are
secured with locking devices of a type that cannot be accidentally
opened;
    (7) Have such openings located in a manner that makes them easily
accessible at all times for emergency removal and potential treatment of
any live marine mammal contained within;
    (8) Have air inlets at heights that will provide cross ventilation
at all levels (particularly when the marine mammals are in a prone
position), are
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located on all four sides of the enclosures, and cover not less than 20
percent of the total surface area of each side of the enclosures;
    (9) Have projecting rims or other devices placed on any ends and
sides of the enclosures that have ventilation openings so that there is
a minimum air circulation space of 7.6 centimeters (3.0 inches) between
the enclosures and any adjacent cargo or conveyance wall;
    (10) Be constructed so as to provide sufficient air circulation
space to maintain the temperature limits set forth in this subpart; and
    (11) Be equipped with adequate handholds or other devices on the
exterior of the enclosures to enable them to be lifted without
unnecessary tilting and to ensure that the persons handling the
enclosures will not come in contact with any marine mammal contained
inside.
    (b) Straps, slings, harnesses, or other devices used for body
support or restraint, when transporting marine mammals such as cetaceans
and sirenians must:
    (1) Be designed so as not to prevent access to the marine mammals by
attendants for the purpose of administering in-transit care;
    (2) Be equipped with special padding to prevent trauma or injury at
critical weight pressure points on the body of the marine mammals; and
    (3) Be capable of keeping the animals from thrashing about and
causing injury to themselves or their attendants, and yet be adequately
designed so as not to cause injury to the animals.
    (c) Primary enclosures used to transport marine mammals must be
large enough to assure that:
    (1) In the case of pinnipeds, polar bears, and sea otters, each
animal has sufficient space to turn about freely in a stance whereby all
four feet or flippers are on the floor and the animal can sit in an
upright position and lie in a natural position;
    (2) In the case of cetaceans and sirenians, each animal has
sufficient space for support of its body in slings, harnesses, or other
supporting devices, if used (as prescribed in paragraph (b) of this
section), without causing injury to such cetaceans or sirenians due to
contact with the primary transport enclosure: Provided, however, That
animals may be restricted in their movements according to professionally
accepted standards when such freedom of movement would constitute a
danger to the animals, their handlers, or other persons.
    (d) Marine mammals transported in the same primary enclosure must be
of the same species and maintained in compatible groups. Marine mammals
that have not reached puberty may not be transported in the same primary
enclosure with adult marine mammals other than their dams. Socially
dependent animals (e.g., sibling, dam, and other members of a family
group) must be allowed visual and olfactory contact whenever reasonable.
Female marine mammals may not be transported in the same primary
enclosure with any mature male marine mammals.
    (e) Primary enclosures used to transport marine mammals as provided
in this section must have solid bottoms to prevent leakage in shipment
and must be cleaned and sanitized in a manner prescribed in Sec. 3.107
of this subpart, if previously used. Within the primary enclosures used
to transport marine mammals, the animals will be maintained on sturdy,
rigid, solid floors with adequate drainage.
    (f) Primary enclosures used to transport marine mammals, except
where such primary enclosures are permanently affixed in the animal
cargo space of the primary conveyance, must be clearly marked on top
(when present) and on at least one side, or on all sides whenever
possible, with the words ``Live Animal'' or ``Wild Animal'' in letters
not less than 2.5 centimeters (1 inch) in height, and with arrows or
other markings to indicate the correct upright position of the
container.
    (g) Documents accompanying the shipment must be attached in an
easily accessible manner to the outside of a primary enclosure that is
part of such shipment or be in the possession of the shipping attendant.
    (h) When a primary transport enclosure is permanently affixed within
the animal cargo space of the primary conveyance so that the front
opening is the only source of ventilation for such primary enclosure,
the front opening
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must open directly to the outside or to an unobstructed aisle or
passageway within the primary conveyance. Such front ventilation opening
must be at least 90 percent of the total surface area of the front wall
of the primary enclosure and covered with bars, wire mesh, or smooth
expanded metal.
[66 FR 255, Jan. 3, 2001]