[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR3.103]

[Page 96]
 
                  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. 3.103  Facilities, outdoor.

    (a) Environmental temperatures. Marine mammals shall not be housed 
in outdoor facilities unless the air and water temperature ranges which 
they may encounter during the period they are so housed do not adversely 
affect their health and comfort. A marine mammal shall not be introduced 
to an outdoor housing facility until it is acclimated to the air and 
water temperature ranges which it will encounter therein. The following 
requirements shall be applicable to all outdoor pools.
    (1) The water surface of pools in outdoor primary enclosures housing 
polar bears and ice or cold water dwelling species of pinnipeds shall be 
kept sufficiently free of solid ice to allow for entry and exit of the 
animals.
    (2) The water surface of pools in outdoor primary enclosures housing 
cetaceans and sea otters shall be kept free of ice.
    (3) No sirenian or warm water dwelling species of pinnipeds or 
cetaceans shall be housed in outdoor pools where water temperature 
cannot be maintained within the temperature range to meet their needs.
    (b) Shelter. Natural or artificial shelter which is appropriate for 
the species concerned, when the local climatic conditions are taken into 
consideration, shall be provided for all marine mammals kept outdoors to 
afford them protection from the weather or from direct sunlight.
    (c) Perimeter fence. On and after May 17, 2000, all outdoor housing 
facilities (i.e., facilities not entirely indoors) must be enclosed by a 
perimeter fence that is of sufficient height to keep animals and 
unauthorized persons out. Fences less than 8 feet high for polar bears 
or less than 6 feet high for other marine mammals must be approved in 
writing by the Administrator. The fence must be constructed so that it 
protects marine mammals by restricting animals and unauthorized persons 
from going through it or under it and having contact with the marine 
mammals, and so that it can function as a secondary containment system 
for the animals in the facility when appropriate. The fence must be of 
sufficient distance from the outside of the primary enclosure to prevent 
physical contact between animals inside the enclosure and animals or 
persons outside the perimeter fence. Such fences less than 3 feet in 
distance from the primary enclosure must be approved in writing by the 
Administrator. For natural seawater facilities, such as lagoons, the 
perimeter fence must prevent access by animals and unauthorized persons 
to the natural seawater facility from the abutting land, and must 
encompass the land portion of the facility from one end of the natural 
seawater facility shoreline as defined by low tide to the other end of 
the natural seawater facility shoreline defined by low tide. A perimeter 
fence is not required:
    (1) Where the outside walls of the primary enclosure are made of 
sturdy, durable material, which may include certain types of concrete, 
wood, plastic, metal, or glass, and are high enough and constructed in a 
manner that restricts entry by animals and unauthorized persons and the 
Administrator gives written approval; or
    (2) Where the outdoor housing facility is protected by an effective 
natural barrier that restricts the marine mammals to the facility and 
restricts entry by animals and unauthorized persons and the 
Administrator gives written approval; or
    (3) Where appropriate alternative security measures are employed and 
the Administrator gives written approval; or
    (4) For traveling facilities where appropriate alternative security 
measures are employed.

[44 FR 36874, June 22, 1979, as amended at 64 FR 56147, Oct. 18, 1999]