[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: 9CFR3.112]

[Page 111-112]
 
                  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. 3.112  Consignments to carriers and intermediate handlers.

    (a) Carriers and intermediate handlers shall not accept any marine 
mammal that is presented by any dealer, research facility, exhibitor, 
operator of an auction sale, or other person, or any department, agency, 
or instrumentality of the United States or any State or local government 
for shipment, in commerce, more than 4 hours prior to the scheduled 
departure of the primary conveyance on which it is to be transported, 
and that is not accompanied by a health certificate signed by the 
attending veterinarian stating that the animal was examined within the 
prior 10 days and found to be in acceptable health for transport: 
Provided, however, That the carrier or intermediate handler and any 
dealer, research facility, exhibitor, operator of an auction sale, or 
other person, or any department, agency, or instrumentality of the 
United States or any State or local government may mutually agree to 
extend the time of acceptance to not more than 6 hours if specific prior 
scheduling of the animal shipment to destination has been made.
    (b) Any carrier or intermediate handler shall only accept for 
transportation or transport, in commerce, any marine mammal in a primary 
transport enclosure that conforms to the requirements in Sec. 3.113 of 
this subpart: Provided, however, That any carrier or intermediate 
handler may accept for transportation or transport, in commerce, any 
marine mammal consigned by any department, agency, or instrumentality of 
the United States having laboratory animal facilities or exhibiting 
animals or any licensed or registered dealer, research facility, 
exhibitor, or operator of an auction sale if the consignor furnishes to 
the carrier or intermediate handler a certificate, signed by the 
consignor, stating that the primary transport enclosure complies with 
Sec. 3.113 of this subpart, unless such primary transport enclosure is 
obviously defective or damaged and it is apparent that it cannot 
reasonably be expected to contain the marine mammal without causing 
suffering or injury

[[Page 112]]

to the marine mammal. A copy of any such certificate must accompany the 
shipment to destination. The certificate must include at least the 
following information:
    (1) Name and address of the consignor;
    (2) The number, age, and sex of animals in the primary transport 
enclosure(s);
    (3) A certifying statement (e.g., ``I hereby certify that the--
(number) primary transport enclosure(s) that are used to transport the 
animal(s) in this shipment complies (comply) with USDA standards for 
primary transport enclosures (9 CFR part 3).''); and
    (4) The signature of the consignor, and date.
    (c) Carriers or intermediate handlers whose facilities fail to 
maintain a temperature within the range of 7.2 [deg]C (45 [deg]F) to 
23.9 [deg]C (75 [deg]F) allowed by Sec. 3.117 of this subpart may 
accept for transportation or transport, in commerce, any marine mammal 
consigned by any department, agency, or instrumentality of the United 
States or of any State or local government, or by any person (including 
any licensee or registrant under the Act, as well as any private 
individual) if the consignor furnishes to the carrier or intermediate 
handler a certificate executed by the attending veterinarian on a 
specified date that is not more than 10 days prior to delivery of the 
animal for transportation in commerce, stating that the marine mammal is 
acclimated to a specific air temperature range lower or higher than 
those prescribed in Sec. Sec. 3.117 and 3.118. A copy of the 
certificate must accompany the shipment to destination. The certificate 
must include at least the following information:
    (1) Name and address of the consignor;
    (2) The number, age, and sex of animals in the shipment;
    (3) A certifying statement (e.g., ``I hereby certify that the 
animal(s) in this shipment is (are), to the best of my knowledge, 
acclimated to an air temperature range of --------''); and
    (4) The signature of the attending veterinarian and the date.
    (d) Carriers and intermediate handlers must attempt to notify the 
consignee (receiving party) at least once in every 6-hour period 
following the arrival of any marine mammals at the animal holding area 
of the terminal cargo facility. The time, date, and method of each 
attempted notification and the final notification to the consignee and 
the name of the person notifying the consignee must be recorded on the 
copy of the shipping document retained by the carrier or intermediate 
handler and on a copy of the shipping document accompanying the animal 
shipment.

[66 FR 254, Jan. 3, 2001]