Lawmakers urge USDA to update rules for captivity

E&E News
By Jessica Estepa
May 30, 2014

A group of House lawmakers yesterday called on the Department of Agriculture to update regulations for captive marine mammals.

USDA has jurisdiction over the creatures through the Animal Welfare Act. It's been nearly two decades since rules specific to marine mammals were updated, lawmakers said in a letter sent to Agriculture Secretary Tom Vilsack.

Even then, they noted, no consensus language was developed for regulations regarding indoor and outdoor facilities, water quality space requirements and swim-with-the-dolphin programs.

In 2002, the department announced it planned to propose rules that would finalize language for sections of the Animal Welfare Act that deal with those issues. But 12 years later, officials have yet to publish any proposal.

"The 12-year lapse in action by USDA coupled with advancements in science and research of marine mammals means that the information USDA currently has on the proposed rule is likely outdated," the letter said.

Noting that the film "Blackfish" -- which documents the death of SeaWorld trainer Dawn Brancheau -- has drawn the public's attention, lawmakers called on USDA to finally move forward with a proposed rule and public comment period.

"It's unacceptable that our regulations protecting orcas and other marine mammals have not been updated to reflect the latest science," California Democratic Reps. Jared Huffman and Adam Schiff said in a statement. "It is past time for USDA to address this issue."

Other members to sign the letter are: Reps. Earl Blumenauer (D-Ore.), Gerry Connolly (D-Va.), John Conyers (D-Mich.), Peter DeFazio (D-Ore.), Ted Deutch (D-Fla.), Eliot Engel (D-N.Y.), Sam Farr (D-Calif.), Raúl Grijalva (D-Ariz.), Alcee Hastings (D-Fla.), Jim Himes (D-Conn.), Rush Holt (D-N.J.), Mike Honda (D-Calif.), Walter Jones (R-N.C.), Bill Keating (D-Mass.), Jim Langevin (D-R.I.) Barbara Lee (D-Calif.), Sander Levin (D-Mich.), Zoe Lofgren (D-Calif.), Alan Lowenthal (D-Calif.), Nita Lowey (D-N.Y.), Jim McGovern (D-Mass.) Jerry McNerney (D-Calif.), George Miller (D-Calif.), Jim Moran (D-Va.), Gary Peters (D-Mich.), Jared Polis (D-Colo.), Bobby Rush (D-Ill.), Linda Sanchez (D-Calif.), Jan Schakowsky (D-Ill.), Carol Shea-Porter (D-N.H.), Brad Sherman (D-Calif.), Louise Slaughter (D-N.Y.), Mark Takano (D-Calif.), John Tierney (D-Mass.), Dina Titus (D-Nev.) and Peter Welch (D-Vt.) and Dels. Madeleine Bordallo (D-Guam) and Eleanor Holmes Norton (D-D.C.).