Reps. Huffman and Schiff, Senators Feinstein and Boxer Call on OMB to Ensure Protection of Captive Orcas and Marine Mammals

Statement

Today, Reps. Jared Huffman (D-San Rafael) Adam Schiff (D-Burbank) and Senators Dianne Feinstein (D-Calif.) and Barbara Boxer (D-Calif.) called on the White House Office of Management and Budget to take immediate steps to protect captive orcas and marine mammals. The bicameral letter urged the agency to immediately publish long-delayed updates to the federal rules governing the treatment of captive marine mammals.

In 2002, the United States Department of Agriculture (USDA) sought public comment on an update to captive marine mammal standards for indoor facilities, outdoor facilities, water quality, space requirements, and swim-with-the-dolphin programs. During the public comment period, USDA received numerous comments from the animal exhibitor industry, animal welfare groups, the scientific community, and the general public, recommending changes to tank sizes and otherwise improving facilities for marine mammals.

The USDA's Animal and Plant Health Inspection Service, which regulates animal captivity, sale, and exhibition, proposed a revision to Animal Welfare Act regulations in February 2012. Despite significant scientific advances in our understanding of these animals, the Office of Management and Budget has withheld the proposed draft rule, leaving in place instead a rule from 1995, meaning that federal regulations have not reflected new scientific input for nearly 20 years. This is also at odds with Executive Order 13563, which directs federal agencies to review and update outdated regulations using the best available science in order to ensure that regulatory programs are effective.

"Due to delayed federal action, we are deeply concerned that some captive marine mammals, including orcas, may not be adequately protected under Animal and Plant Health Inspection Service's Marine Mammal Program, regulations, and policies," the Members and Senators wrote. "We believe the regulatory process to revise the outdated marine mammal regulations should move forward without further delay."

In addition to Huffman, Schiff, Feinstein, and Boxer, the letter was signed by Reps. Sander M. Levin (D-Mich.), Bobby L. Rush (D-Ill.), Madeleine Bordallo (D-Guam), Martha McSally (R-Ariz.), Katherine Clark (D-Mass.), Sam Farr (D-Calif.), Louise M. Slaughter (D-N.Y.), Alan Lowenthal (D-Calif.), Jared Polis (D-Colo.), Nita M. Lowey (D- N.Y.), Gerald E. Connolly (D-Va.), John Conyers, Jr. (D-Mich.), Eleanor Holmes Norton (D-District of Columbia), Walter B. Jones (R-N.C.), Mark Pocan (D-Wis.)

Peter DeFazio (D-Ore), William R. Keating (D-Mass.), Theodore E. Deutch (D-Fla.), James R. Langevin (D-R.I.), Mark Takano (D-Calif.), Jan Schakowsky (D-Ill.), Ted Lieu (D-Calif.), Chris Gibson (R- N.Y.), James P. McGovern (D-Mass.) and Senators Jeff Merkley (D-Ore.), and Sheldon Whitehouse (D-R.I.).

Source