[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Notices]
[Pages 43516-43517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21464]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 080797A]


Marine Mammals; Public Display Permit (PHF# 852-1356)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Receipt of application.

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SUMMARY: Notice is hereby given that The Dallas World Aquarium, Inc., 
1801 North Griffin, Dallas, TX 75202, has applied in due form for a 
permit to import Amazon River dolphin (Inia geoffrensis), for purposes 
of public display.

DATES: Written comments must be received on or before September 15, 
1997.
ADDRESSES: The application and related documents are available for 
review upon written request or by appointment in the following offices:
    Permits Division, Office of Protected Resources, NMFS,
    1315 East-West Highway, Room 13130, Silver Spring, MD 20910,
    (301/713-2289); and
    Regional Administrator, Southeast Region, NMFS, 9731 Executive 
Center Drive North, St. Petersburg, FL 33702, (206/526-6150).
    Written data or views, or requests for a public hearing on this 
application, should be submitted to the Chief, Permits Division, F/PR1, 
Office of Protected Resources, 1315 East-West Highway, Silver Spring, 
MD 20910. Those individuals requesting a hearing should set forth the 
specific reasons why a hearing on this particular application would be 
appropriate. The holding of such a hearing is at the discretion of the 
Director, Office of Protected Resources.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of this application to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

SUPPLEMENTARY INFORMATION: The subject permit is requested under the 
authority of the Marine Mammal Protection Act of 1972, as amended 
(MMPA; 16 U.S.C. 1361 et seq.), and the Regulations Governing the 
Taking and Importing of Marine Mammals (50 CFR part 216).
    The applicant requests authorization to import four Amazon River 
dolphins (Inia geoffrensis). The Venezuelan Service Agency for the 
Protection, Restoration, Promotion and Rational Utilization of the 
Wildlife and Aquatic life of the Country has issued a capture license 
to the applicant. The dolphins would be collected from the Apure River 
near San Fernando, Venezuela, and maintained at the J.V. Seijas 
Aquarium in Valencia, Venezuela, until the public display facility at 
the Dallas World Aquarium receives final approval from the Department 
of Agriculture's Animal and Plant Health Inspection Service (APHIS). As 
any issues relating to the care and maintenance of captive marine 
mammals are within the purview of APHIS, under the Animal Welfare Act, 
copies of the application are also being sent to APHIS for review.
    The Dallas World Aquarium is open to the public on a regularly 
scheduled basis with access that is not limited or restricted other 
than by charging an admission fee; and offers an educational program 
based upon the educational standards of the American Zoo and Aquarium 
Association.
    The International Union for Conservation of Nature and Natural 
Resources (IUCN) has included this species in the 1996 IUCN Red List of 
Threatened Animals under the category ``vulnerable'', i.e., taxa 
believed likely to move into the Endangered category in the near future 
if causal factors continue operating. Population data concerning Inia 
geoffrensis in Venezuela is limited and the application states that no 
census has been taken of the subject wild population/stock. Therefore, 
NMFS has concerns about the status and conservation of the dolphins in 
the Orinoco river system and the potential

[[Page 43517]]

impacts of the permanent removal of four sub-adults from this 
population/stock.
    Additionally, NMFS is concerned that holding this species in 
captivity may involve a significant risk to the health and welfare of 
the animals held. Historically, study results conclude that due to a 
number of factors this species has fared poorly in captivity in the 
United States, with an average longevity of 32.6 months for the 35 
animals for which data was available. (See Inia geofffensis in 
Captivity in the United States, Melba C. Caldwell, David K. Caldwell 
and Randall L. Brill. 1989. Proc. Workshop on Biology and Conservation 
of the Platanistoid Dolphins, Wuhan, People's Republic of China. The 
World Conservation Union (IUCN), Occasional Papers of the IUCN Species 
Survival Commission, Number 3. 35-41.) The applicant has addressed, in 
part, some of the survivability factors raised in the Caldwell study, 
citing successful behavioral experiences with this species at the J.V. 
Seijas Aquarium in Valencia, Venezuela. The applicant submitted 
additional information on August 4, 1997, to address the concerns cited 
above; however, several aspects of these concerns persist. As a result, 
before decision is made to issue or deny issuance of a permit, NMFS is 
soliciting information that will assist the agency in determining 
whether: (1) The applicant meets the three public display criteria; (2) 
the proposed activity is humane and does not present any unnecessary 
risks to the health and welfare of the marine mammals; (3) the proposed 
activity by itself or in combination with other activities, will not 
likely have a significant adverse impact on the species or stock; and 
(4) the applicant's expertise, facilities, and resources are adequate 
to accomplish successfully the objectives and activities stated in the 
application.

    Dated: August 8, 1997.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 97-21464 Filed 8-13-97; 8:45 am]
BILLING CODE 3510-22-F