Marine Mammal Protection (General) Regulations

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/2005/2005-0080/MarineMammalProtectionGeneralRegulations_1.pdf
Published: 2006-05-01

Marine Mammal Protection (General) Regulations
MARINE MAMMAL PROTECTION [CH. 244A – 1





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

CHAPTER 244A

MARINE MAMMAL PROTECTION

LIST OF AUTHORISED PAGES

1 - 47 LRO 1/2010


ARRANGEMENT OF SUBSIDIARY LEGISLATION

SECTION 18

Marine Mammal Protection (General) Regulations.

SECTION 19

Marine Mammal (Captive Dolphin Facilities) Regulations.


MARINE MAMMAL PROTECTION [CH. 244A – 3





LRO 1/2010 STATUTE LAW OF THE BAHAMAS



CHAPTER 244A

MARINE MAMMAL PROTECTION

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

ARRANGEMENT OF SECTIONS

SECTION

1. Citation and commencement.

PART I - APPLICATIONS FOR A LICENCE OR PERMIT
2. Application to export or import a marine mammal.
3. Application to sell a marine mammal.
4. Application to conduct scientific research on a marine

mammal.
5. Application to transport a marine mammal.
6. Application to operate a vessel.

PART II - CAPTIVE MARINE MAMMAL FACILITIES
7. Application to operate and licence a facility.
8. Records.
9. Standards and guidelines.
10. Fees.

FIRST SCHEDULE
FORMS
SECOND SCHEDULE
FEES


MARINE MAMMAL PROTECTION [CH. 244A – 5





LRO 1/2010 STATUTE LAW OF THE BAHAMAS




CHAPTER 244A

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

(SECTION 18)


[Commencement 1st May 2006]


1. These Regulations may be cited as the Marine

Mammal Protection (General) Regulations and shall come
into force on the first day of May 2006.

PART I - APPLICATIONS FOR A LICENCE OR
PERMIT

2. (1) An application for the grant of a licence under
section 3(1)(a) or (b) of the Act shall be made to the
Minister as prescribed in Form 1 of the First Schedule.

(2) Upon approval of the application, the Minister
may, subject to the payment of the prescribed fee, grant a
licence as prescribed in Form 2 of the First Schedule.

3. (1) An application for a permit under section
3(1)(c) of the Act shall be made to the Minister as
prescribed in Form 3 of the First Schedule.

(2) Upon approval of the application, the Minister
may, subject to the payment of the prescribed fee, grant a
permit as prescribed in Form 4 of the First Schedule.

4. (1) An application for the grant of a permit under
section 3(1)(e) of the Act shall be made to the Minister as
prescribed in Form 5 of the First Schedule.

(2) Upon approval of the application, the Minister
may, subject to the payment of the prescribed fee, grant a
permit as prescribed in Form 6 of the First Schedule.

5. (1) An application for a permit under section
3(1)(f) of the Act shall be made to the Minister as
prescribed in Form 7 of the First Schedule.

S.I. 80/2005

34 of 2008, sch.

Citation and
commencement.
34 of 2008, Sch.

Application to
export or import
a marine
mammal.

Forms 1 and 2 of
First Schedule.

Application to
sell a marine
mammal.
Forms 3 and 4 of
First Schedule.

Application to
conduct scientific
research on a
marine mammal.
Forms 5 and 6 of
First Schedule.

Application to
transport a
marine mammal.

Forms 7 and 8
First Schedule.

[CH. 244A – 6 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(2) Upon approval of the application, the Minister
may, subject to the payment of the prescribed fee, grant a
permit as prescribed in Form 8 of the First Schedule.

6. (1) An application for a licence under section
3(1)(g) of the Act shall be made to the Minister as
prescribed in Form 9 of the First Schedule.

(2) Upon approval of the application the Minister
may, subject to the payment of the prescribed fee, grant a
licence as prescribed in Form 10 of the First Schedule.

PART II - CAPTIVE MARINE MAMMAL
FACILITIES

7. (1) An application for a licence under section
6(1)(a) and (b) of the Act shall be made to the Minister as
prescribed in Forms 11 and 12 of the First Schedule.

(2) Upon approval of the application, the Minister
may subject to the payment of the prescribed fee, grant a
licence as prescribed in Forms 13 and 14 of the First
Schedule.

(3) A licence issued under this regulation shall,
unless otherwise provided, expire on the 31st day of
December of the year following the year of issue.

8. Every licensee of a captive marine mammal facility
shall —

(a) keep and retain accurate records
pertaining to the marine mammals in their
care;

(b) permit a marine mammal inspector to,
inspect, make and take such copies of
those records as the inspector considers
necessary for the purpose of ensuring
compliance with any Regulations in force.

9. For the purposes of section 7(4) of the Act the
Minister shall appoint in writing designated veterinarians
registered under the Veterinary Surgeons Act to ensure that
any prescribed standards and guidelines related to marine
mammal health and husbandry are adhered to by every
captive marine mammal facility.

10. The prescribed fees for a licence or permit issued
under the Act are specified in the Second Schedule.

Application to
operate a vessel.
Forms 13 and 14
of First Schedule.

Application to
operate and
licence a facility.

Forms 11-14 of
First Schedule.

Records.

Standards and
guidelines.

Ch. 245.

Fees.
Second
Schedule.

MARINE MAMMAL PROTECTION [CH. 244A – 7





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

FIRST SCHEDULE

FORM 1 (regulation 2(1))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

APPLICATION FOR A LICENCE TO EXPORT/IMPORT A
MARINE MAMMAL/MARINE MAMMAL PRODUCT


1. Name of Applicant ................................................... ...
2. Address ............................... ................................... .....
3. Tel # .................................. Fax# ........... .................... .
4. Type of marine mammal/marine mammal product
proposed to exported/imported
.............................................................................................. .
5. Name and location of facility where the marine
mammal/marine mammal product will be
exported/imported ...................... ........................................ ..
6. Purpose of export/import of the marine
mammal/marine mammal
product .................................. ............................................ ...
7. Transportation mode and method by which the
marine mammal/marine mammal product will be
exported/imported ......... ..................................................... ..
8. Port of entry from/to which the marine mammal is to
be exported/imported ........ ................................................. ..
...............................................................................................
...............................................................................................

Signature of Applicant
Date .....................................................................................

[CH. 244A – 8 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

FORM 2 (regulation 2(2))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

LICENCE TO EXPORT/IMPORT A MARINE MAMMAL
No ..........................

This Licence is granted to ................... ............................ .....
of ......... ................................................................................ .
to export/import the marine mammal/marine mammal
product specified .......................... .................................. ......
...............................................................................................
from ....................................... to ......................................... .
This Licence :
(a) shall not be transferred or assigned;
(b) authorizes only the export/import of the marine
mammal/marine mammal product specified in it;
(c) authorizes only the export/import of a marine
mammal/marine mammal product from/to ..... .................... .
(Port of Entry) .......................................................................
Other conditions :
...............................................................................................
.............................................................................................. .
This Licence expires on ........................... ........................... .
Dated the ............. day of ............ ................... ........... 20......
MINISTER OF AGRICULTURE & FISHERIES

MARINE MAMMAL PROTECTION [CH. 244A – 9





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

FORM 3 (regulation 3(1))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

APPLICATION FOR A PERMIT TO SELL A MARINE
MAMMAL/MARINE MAMMAL PRODUCT



1. Name of Applicant ..................................................... .
2. Address ............................... ................................... .....
3. Tel # ..................................... Fax# ....... ..................... .
4. Type of marine mammal/marine mammal product
proposed to be sold .............. ............................................ ....
...............................................................................................
...............................................................................................
............................................................................................. ..
5. How and where the marine mammal/marine mammal
product is to be sold ......... .................................................. ..
.............................................................................................. .
............................................................................................. ..
.............................................................................................. .
6. Purpose for selling the marine mammal/marine
mammal product
........................................................................................... ....
.............................................................................................. .
............................................................................................. ..
...............................................................................................

Signature of Applicant
Date .....................................................................................

[CH. 244A – 10 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

FORM 4 (regulation 3(2))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

PERMIT TO SELL A MARINE MAMMAL/MARINE MAMMAL
PRODUCT

No ..........................

This permit is granted to ........................ ............................ ..
to sell a marine mammal/marine mammal product namely .
.............................................................................................. .
to .......................................................................................... .
.............................................................................................. .
This permit :
(a) shall not be transferred or assigned;
(b) does not authorized the sale of any marine
mammal/marine mammal product other than that specified
in it;
(c) does not authorize the sale of a marine
mammal/marine mammal product to any other person other
than the purchaser specified in it.
Other conditions :
.............................................................................................. .
.............................................................................................. .
.............................................................................................. .
This permit expires on ......................................................... .
Dated the ........... day of ........................ ...... ............ 20........
MINISTER OF AGRICULTURE & FISHERIES

MARINE MAMMAL PROTECTION [CH. 244A – 11





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

FORM 5 (regulation 4(1))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

APPLICATION FOR A PERMIT TO CONDUCT SCIENTIFIC
RESEARCH ON MARINE MAMMALS/MARINE MAMMAL

PRODUCTS



1. Full names and addresses of persons or body making
application and names and address of sponsor(s) where
applicable .... .........................................................................
...............................................................................................
...............................................................................................
2. Type and purpose of proposed marine
mammal/marine mammal product research in The
Bahamas
...............................................................................................
.............................................................................................. .
3. Dates of proposed research project
From ....................................... To ................................ ........
4. Name, registration number and brief description of
type of vessel, and/or other carrier to be used in The
Bahamas .......... ................................................................... ..
.............................................................................................. .
5. Date, port and method of arrival in The Bahamas ... ...
.............................................................................................. .
6. Precise location where proposed research is to be
undertaken. (Attach sketch map of location) . ..................... .
............................................................................................. ..
.............................................................................................. .
7. Proposed cruise plan indicating ports of entry and
exits with routes to be followed. ..........................................
.............................................................................................. .
............................................................................................. ..

[CH. 244A – 12 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

8. Specimens/samples proposed to collect (give full
details, including use to which specimens/samples will be
put) ............. ....................................................................... ...
............................................................................................. ..
9. If land based stations are required, please provide full
details of location, equipment to be installed and number of
persons who will staff the station.
1. Full time ................................................................... ...
............................................................................................. ..
.............................................................................................. .
2. Part time .................................................................... ..
............................................................................................. ..
10. The following particulars are required of each
member of the staff.
Full Name .............................................................................
Date of Birth .........................................................................
Sex ........................................................................................
Home Address ......................................................................
Nationality ............................................................................
Passport Number ..................... .............................................
Qualifications .......................... .............................................
...............................................................................................
Position held with project ........ ............................................
Curriculum Vitae of each participant ...................................
11. Names and designations of scientists who will act as
advisors to the project (where applicable) ..
...............................................................................................
...............................................................................................
12. Samples of any questionnaires to be used during the
project should be accompanied with this application,
.....................................................................................

Signature
Date .....................................................................................

MARINE MAMMAL PROTECTION [CH. 244A – 13





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

FORM 6 (regulation 4(2))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS


PERMIT TO CONDUCT SCIENTIFIC RESEARCH ON A

MARINE MAMMAL/MARINE MAMMAL PRODUCT



This permit is granted to ....................... ........................... ....
authorizing ............. to engage in scientific research on
marine mammals/marine mammal products within The
Bahamas on behalf of ...........................................................
by name of ............................................................................
(Name and description of vessel) registration number ........
...............................................................................................
within the area of ................................................................. .
during the period ....................................... ...........................
This permit :
(a) shall not be transferred or assigned;
(b) authorizes only the vessel named and described in it
to engage in research conducted for scientific research
purposes;
(c) is granted on the understanding —

(i) that the results of the scientific research
project are communicated to the Minister;

(ii) that copies of all publications resulting
from the research project are submitted to
the Minister;

(iii) that accommodation, food, etc., is
provided for an observer/ participant
should the Minister wish to nominate in;

(iv) that there is no commercialization of the
equipment or supplies used during the
project;

[CH. 244A – 14 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(v) that all equipment, etc., which has been
imported duty free is exported by the end
of the period of research.

Other conditions :
...............................................................................................
This permit expires on ..........................................................
Dated this ............ day of ............. .................. ............ 20.....
MINISTER OF AGRICULTURE & FISHERIES

MARINE MAMMAL PROTECTION [CH. 244A – 15





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

FORM 7 (regulation 5(1))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

APPLICATION FOR A PERMIT TO TRANSPORT A MARINE
MAMMAL



1. Name of Applicant ......................................................
2. Address .................................... ...................................
3. Tel # .................................. Fax# ............. ...................
4. Type of marine mammal proposed to be transported..
...............................................................................................
5. Name and location of facility where the marine
mammal will be transported from/to ....................................
...............................................................................................
6. Purpose of the proposed marine mammal transport....
...............................................................................................
7. Mode and method for the proposed marine mammal
transport ............................... ................................................
...............................................................................................
...............................................................................................
8. Port of entry from which the marine mammal is to be
exported/imported (if applicable) .........................................
...............................................................................................
...............................................................................................
.....................................................................................

Signature of Applicant
Date .....................................................................................

[CH. 244A – 16 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

FORM 8 (regulation 5(2))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

PERMIT TO TRANSPORT A MARINE MAMMAL
No ..........................

This permit is granted to ........................... ...........................
of ......... .................................................................................
to transport the marine mammal specified ...........................
...............................................................................................
This Permit :
(a) shall not be transferred or assigned;
(b) authorizes only the transport of marine mammals
specified in it.
Other conditions :
...............................................................................................
...............................................................................................
This permit expires on ..........................................................
Dated the ............ day of ............ ................. ............. 20.......
MINISTER OF AGRICULTURE & FISHERIES

MARINE MAMMAL PROTECTION [CH. 244A – 17





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

FORM 9 (regulation 6(1))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

APPLICATION FOR A LICENCE TO OPERATE A VESSEL TO
ENGAGE IN OR FACILITATE THE OBSERVATION OR

INTERACTION WITH WILD OCCURRING MARINE
MAMMALS


1. Name of Applicant ......................................................
2. Address .................................... ...................................
3. Tel # ................................ Fax# ............ ......................
4. Name of Vessel ...........................................................
5. Registration Number ...................................................
6. Radio Call Sign ...........................................................
7. Port of Registration .....................................................
8. Name and Address of Owner of Vessel ......................
...............................................................................................
9. Type of marine mammal on which the activity is to
he based ................................. ...............................................
...............................................................................................
common and scientific name of species
10. Site(s) where observation/interaction(s) are to take
place ....................................... ..............................................
11. Description of methods to be used during activity .....
...............................................................................................
...............................................................................................
12. Intended frequency and length of
observation/interactive events (monthly).............
.....................................................................................

Signature
Date .....................................................................................

[CH. 244A – 18 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

FORM 10 (regulation 6(2))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION (GENERAL)
REGULATIONS

LICENCE TO OPERATE A VESSEL TO ENGAGE IN OR
FACILITATE THE OBSERVATION OR INTERACTION WITH

WILD OCCURRING MARINE MAMMALS
No ..........................

This Licence is granted to ........................ ............................
...............................................................................................
(name and address of applicant)
authorizing the use of :
Name of vessel .......................... ...........................................
Registration # ........................... ............................................
Description of craft ................... ...........................................
for the purpose of engaging or facilitating the
observation/interaction with wild occurring marine
mammals.
This Licence :
(a) shall not be transferred or assigned;
(b) authorizes only the vessel named and described in it
to engaged in or facilitate the observation/interaction with
wild occurring marine mammals;
(c) is granted on the understanding that the Minister may
appoint observers to evaluate an event at the permit
holder's expense.
Other conditions :
...............................................................................................
...............................................................................................
This Licence expires on ............................ ...........................
Dated this ............ day of ..................... ............ ....... 20........
MINISTER OF AGRICULTURE & FISHERIES

MARINE MAMMAL PROTECTION [CH. 244A – 19





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

FORM 11 (regulation 7(1))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION REGULATIONS

APPLICATION FOR A LICENCE TO OPERATE A CAPTIVE
MARINE MAMMAL FACILITY



1. Name of Applicant ......................................................
2. Address .................................... ...................................
Tel # ................................Fax# ............. ......................
3. Nationality of Applicant or, if a company, the
beneficial owners, their nationality and percent ownership
...............................................................................................
...............................................................................................
...............................................................................................
4. Location of proposed facility.......................................
...............................................................................................
.....................................................................................

Signature
Date .....................................................................................

[CH. 244A – 20 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

FORM 12 (regulation 7(1))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION REGULATIONS

APPLICATION TO HAVE PREMISES LICENCED AS A
CAPTIVE MARINE MAMMAL FACILITY



1. Name of Applicant ......................................................
2. Location of Proposed Facility .....................................
3. Description of proposed equipment ............................
...............................................................................................
4. Details of neighboring premises:........................ .........
5. Description of Facility, including:
(a) Marine mammal enclosures ........................................
(b) Food preparation facilities and equipment .................
(c) Food storage facilities .................................................
(d) Staff facilities ..............................................................
6. Type and quantity of water available for food
preparation and wash down ..................................................
...............................................................................................
7. Details on captive marine mammals or proposed
acquisition for the same .......................................................
...............................................................................................
8. Proposed professional/managerial staff for the
Facility ............................................ .....................................
...............................................................................................
9. Description of proposed programmes, including —
(a) Education programmes ....................... ........................
(b) Veterinary/medical programmes ........ ........................
(c) Quarantine programme ....................... ........................
(d) Exhibits and/or public/dolphin programmes
...............................................................................................

MARINE MAMMAL PROTECTION [CH. 244A – 21





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(e) Scientific research programmes ..................................
(f) Marine mammal training programmes ...... .................
(g) Marine mammal propagation programmes .................
...............................................................................................
(h) Pest control programmes .................... ........................
(i) Environmental quality control programmes ...............
...............................................................................................
NOTE : A plan to the Facility on a scale of not less than
one eight of an inch to the foot should be submitted
showing the intended use of each part, room or division
and marine mammal enclosure.
.....................................................................................

Signature
Date .....................................................................................





FORM 13 (regulation 7(2))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION REGULATIONS

LICENCE TO OPERATE A CAPTIVE MARINE MAMMAL
FACILITY



This Licence is granted to .............................. ..................... .
of ............. .............................................................................
to operate a captive marine mammal facility located at
...............................................................................................
This Licence expires on the 31st day of December, 20........
Dated this .............. day of ........................................ . 20......
MINISTER OF AGRICULTURE AND FISHERIES



[CH. 244A – 22 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

FORM 14 (regulation 7(2))

MARINE MAMMAL PROTECTION ACT

(CHAPTER 244A)

MARINE MAMMAL PROTECTION REGULATIONS

LICENCE FOR PREMISES TO BE OPERATED AS A CAPTIVE
MARINE MAMMAL FACILITY


No ..........................
This Licence is granted to ................................. to allow
premises located at ......................... ..................................... .
...............................................................................................
to be operated as a captive marine mammal facility.
This Licence expires on the 31st day of December, 20......
MINISTER OF AGRICULTURE & FISHERIES



SECOND SCHEDULE (regulation 10)

FEES

$
Permit to sell a marine mammal 500.00
Permit to transport a marine mammal 50.00
Permit to conduct scientific research on
marine mammals

50.00

Permit to import a marine mammal 50.00
Licence to export a marine mammal 100.00
Licence to operate a captive marine mammal
facility

10,000.00

Licence to operate a vessel to engage or
facilitate the interaction with wild occurring
marine mammals

1,000.00



MARINE MAMMAL PROTECTION [CH. 244A – 23





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

MARINE MAMMAL (CAPTIVE DOLPHIN
FACILITIES) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation.
2. Interpretation.
3. Application.
4. Location of facility.
5. Emergency contingency plan.
6. Acquisition and disposition records.
7. Daily behavior, feeding and training records.
8. Food and nutrition records.
9. Health and medical records.
10. Environmental quality records.
11. Record retention.
12. Reports of death or birth.
13. Annual Reports.
14. Food nutrition.
15. Food storage.
16. Food preparation.
17. Food Analysis.
18. Feeding.
19. Veterinary medical care.
20. Attending veterinarian.
21. Health Assessment Programme.
22. Physical examination of dolphins.
23. Clinical medicine programme.
24. Quarantine programme and facilities.
25. Education.
26. Staff.
27. Interactive programmes.
28. Instructions for participants in human/dolphin interaction.
29. Exclusion and restrictions for access to dolphins.
30. Dolphin areas.
31. Contact with dolphins.
32. Protection from abuse.
33. Ratios for human/dolphin interaction.
34. Injury to dolphins or human participants.

[CH. 244A – 24 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

35. Unsuitable dolphins.
36. Training.
37. Dolphin swim areas.
38. Transportation.
39. Separation from mother.
40. Security.
41. Dolphin facilities and enclosures.
42. Equipment.
43. Water.
44. Pest Control.
45. Propagation.


MARINE MAMMAL PROTECTION [CH. 244A – 25





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

MARINE MAMMAL (CAPTIVE DOLPHIN
FACILITIES) REGULATIONS

(SECTION 19)


[Commencement 1st May 2006]


1. These Regulations may be cited as the Marine

Mammal (Captive Dolphin Facilities) Regulations.
2. In these Regulations —

“attending veterinarian” means a veterinary
surgeon registered under section 5 of the
Veterinary Surgeons Act and who is employed
by the licensee of a captive dolphin facility:

“designated veterinarian” means a veterinary
surgeon registered under section 5 of the
Veterinary Surgeons Act and who is appointed
by the Minister to ensure that the standards
and guidelines related to dolphin health and
husbandry are adhered to by captive dolphin
facilities;

“Dolphin Swim Programme” means a programme
where persons interact for enjoyment,
entertainment and educational purposes in the
water with captive dolphins for a specified
period of time;

“Dolphin Wade Programme” means an activity or
programme whereby persons participating in
such an activity or programme, sit or stand on
an area on to which the captive dolphins
approach and there is interaction between both
parties for enjoyment, entertainment and
educational purposes for a specified period of
time;

“facility” means a captive dolphin facility;
“Marine-Mammal Dive programme” means a

programme where persons donning equipment
designed to enable them to breathe whilst
under water interact for enjoyment,
entertainment and educational purposes in and

S.I. 81/2005

34 of 2008, sch.

Citation.

Interpretation.

Ch. 245.

Ch. 245.

[CH. 244A – 26 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

under the water with captive dolphins for a
specified period of time;

“swim programmes” means the Dolphin Swim
Programme or the Dolphin Wade Programme;

“trainer” means a person qualified to teach captive
dolphins so as to perform certain behaviours
under positive stimulus controls;

“veterinary surgery” has the meaning assigned to it
by the Veterinary Surgeons Act.

3. These Regulations shall apply to a captive dolphin
facility.

4. No facility shall be licensed unless such facility is
located —

(a) away from sources of odors, dust and air
contamination such as refineries,
chemical plants and dumps;

(b) where it will be accessible to a supply of
potable water and to a sewerage system;

(c) in a well-drained area and where it will
not be subject to flooding; and

(d) in an area where it will not be subject to
any fuel, oil or toxic chemical pollution.

5. (1) Every licensee of a facility shall develop and
submit to the Minister for his approval an emergency
contingency plan that should outline the measures which
will be taken should a dolphin escape.

(2) Notwithstanding subsection (1), the facility
shall immediately notify the Minister by telephone or
facsimile transmission and shall —

(a) immediately activate its emergency
contingency plans within twenty-four
hours of the escape of any dolphin; and

(b) submit a written report, which shall
include a description of the incident and
its probable causes within seven days of
the escape.

6. (1) The licensee of a facility shall keep and
maintain standardized, comprehensive and accurate records
pertaining to any dolphins in the care of such facility and

Ch. 245.

Application.

Location of
facility.

Emergency
contingency
plan.

Acquisition and
disposition
records.

MARINE MAMMAL PROTECTION [CH. 244A – 27





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

such records shall include acquisition and disposition
records which shall contain records regarding —

(a) daily behaviour, feeding and training;
(b) food and nutrition; and
(c) health and medical.

(2) The acquisition and disposition records for
each dolphin held by a facility shall include the following
particulars —

(a) the date and location of the acquisition;
(b) the method of acquisition (wild caught,

captive birth, transfer, loan, temporary
holding, etc.);

(c) the sex of the dolphin;
(d) the genus and species;
(e) the parentage or hybridization;
(f) the progeny;
(g) any microchips or other identification

characteristics (e.g. genus, species, sex,
and identification number);

(h) the date and location of disposition;
(i) the method of disposition;
(j) any applicable information supplied to

studbook for propogation purposes;
(k) a health profile; and
(l) annual photographs showing —

(i) dorsal fin and flukes; and
(ii) details of any personal characteristics

for example scars or other markings.

7. The daily behaviour, feeding and training records
for each individual dolphin at a facility shall include —

(a) the observations by the staff members of
the individual dolphins, which shall
include any behavioural or health related
remarks;

(b) the daily logs completed by either the
Dolphin Wade Programme, feeding

Daily behaviour,
feeding and
training records.

[CH. 244A – 28 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

session or any other human/dolphin
interaction, which shall specify —
(i) the time of the day the session took

place;
(ii) the amount of food and type

consumed;
(iii) the details of vitamins and/or

medications, if any, given;
(iv) the type and duration of the particular

session;
(v) how many persons and dolphins

participated in the Dolphin Wade or
the Marine Mammal Dive
Programme;

(vi) whether there has been interaction
with wild dolphins; and

(vii) the weather conditions and water
temperature.

8. The food and nutrition records for each dolphin
shall include —

(a) the type and/or species of food fed to each
dolphin daily;

(b) the caloric value of the food fed to each
dolphin;

(c) the nutrition and quality analysis of the
food used;

(d) the freezer rotation and specified dates on
the food packets; and

(e) the freezer temperature.

9. The Health and medical records for each dolphin
shall include —

(a) the date of examination of the dolphin;
(b) the name of the veterinarian who

conducted the examination;
(c) the reason for the examination;
(d) the examination conditions;
(e) the results of the examination;

Food and
nutrition records.

Health and
medical records.

MARINE MAMMAL PROTECTION [CH. 244A – 29





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(f) blood test results, if any;
(g) actions taken, if any;
(h) the name of any medications given, if

any;
(i) the name of any supplements given, if

any;
(j) the estimated caloric requirement;
(k) all measurements, including body weight;
(l) any subjective and objective findings

(therapeutic approach and treatment plan);
(m) the differential diagnosis; and
(n) the frequency of veterinarian visits if part-

time or consulting.

10. A licensee shall cause to be kept weekly
environmental quality records and such records shall
include, as applicable —

(a) the water turbidity;
(b) any test parameters for water quality;
(e) the bacterial culture test results, if any;
(d) test results for heavy metal, petroleum or

other contaminants, if any;
(e) a facility maintenance log; and
(f) a filtration maintenance log.

11. (1) The licensee of every facility shall retain all —
(a) acquisition and disposition records for the

life of a dolphin;
(b) daily behaviour, feeding and training

records for a period of five years;
(c) food and nutrition records for a period of

three years;
(d) health and medical records for the life of

the dolphin; and
(e) environmental quality records for a period

of one year.

Environmental
quality records.

Record retention.

[CH. 244A – 30 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(2) The licensee shall ensure to protect the records
referred to in paragraph (1) from fire, flooding and other
natural or human created hazards.

(3) The licensee of a facility shall permit a marine
mammal inspector to make and take such copies of any
records referred to in paragraph (1) as the inspector
considers necessary for the purpose of ensuring compliance
with these Regulations.

12. (1) When a dolphin dies within facility, the
licensee of that facility shall —

(a) notify the Minister by telephone or
facsimile transmission within twenty four
hours of the death of the dolphin and shall
submit a written report of the event within
seven days of the reported death; and

(b) cause to have completed a necropsy report
prepared by the attending veterinarian and
submitted to the Minister together with
photographic documentation within thirty
days of the death of the dolphin and such
report shall include —
(i) a summary of the medical history of

the dolphin, as well as any
postmortem laboratory reports;

(ii) an assessment of the probable cause
of death;

(iii) a copy of all laboratory test results;
and

(iv) within 180 days, the final diagnosis.

(2) Within seven days of the event of a birth of a
dolphin, including a stillbirth or aborted fetus, the licensee
of the facility shall report the same in writing to the
Minister.

13. Every facility shall prepare and submit to the
Minister before the 31st day of January of each year an
annual report which shall cover the periods January -
December of the preceding year and such report shall
include —

(a) the statistical summaries detailing the
number of people that participated in the
swim programmes in the preceding year;

Reports of death
or birth.

Annual Reports.

MARINE MAMMAL PROTECTION [CH. 244A – 31





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(b) the statistical summaries showing the
number of sessions and the numbers of
hours, by the day, week, and month, that
each dolphin participated in any of the
swim programmes;

(c) a summary and assessment of the
dolphins behavioural records;

(d) separate summarized medical reports by
the attending veterinarian for each
dolphin;

(e) detailed descriptions of any interactions
that resulted in injury to a human or a
dolphin participating in any of the swim
programmes;

(f) descriptions of any changes made in any
of the swim programmes, including their
educational aspects;

(g) notification of the removal or addition of
an individual dolphin from or to any of
the swim programmes, the reason (s) for
the removal or addition and a health
certification of the newly added
dolphin(s);

(h) notification of any changes in the
professional or other swim programmes
staff personnel, including the names and
qualifications of any new personnel;

(i) a report of the fish nutritional and water
analyses and the manner and date upon
which any recommendation(s) made by
the attending veterinarian has been put
into operation.

14. (1) The licensee of every facility shall ensure that
the food fed to a dolphin shall be —

(a) wholesome, palatable and free from
contamination; and

(b) of sufficient quantity and nutritive value
to maintain the dolphin in a state of good
health.

(2) The diet for any dolphin shall be prepared with
consideration for the age, species, condition and size of the

Food nutrition.

[CH. 244A – 32 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

dolphin being fed, and must be of a high quality consisting
of enough food types to allow adequate flexibility to
account for variability in food supply and animal
preference.

15. (1) Every licensee shall ensure that the food for a
dolphin —

(a) is stored in facilities which adequately
protect such supplies from deterioration,
mold or contamination, and any food
contaminated as a result of the aforesaid
should be immediately disposed of;

(b) is stored at or below 0° degrees
Fahrenheit and no longer than the
processor's recommended optimum
storage dates and time for each type of
food.

(2) Perishable food shall be stored in a refrigerator
or freezer which shall be cleaned and maintained on a daily
basis.

16. (1) Every licensee shall ensure that all food
preparation areas for a dolphin —

(a) be sanitized morning and evening, and no
substances which are known to be toxic or
harmful to a dolphin shall be stored or
maintained in the storage or food
preparation areas;

(b) is of stainless steel construction and
devoid of seams and gaps.

(2) Any food preparation and handling shall be
conducted so as to minimize bacterial or chemical
contamination and to assure the wholesomeness and
nutritive value of the food.

(3) No person shall thaw out dolphin food in water
except in situations of emergency.

(4) A licensee must ensure that routine and
appropriate procedures for the cleaning, disinfection and
sanitation of food preparation equipment and facilities are
established.

(5) Attendants and other personnel preparing food
in a facility should adhere to an appropriate personal
hygiene regime.

Food storage.

Food
preparation.

MARINE MAMMAL PROTECTION [CH. 244A – 33





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(6) Food preparation personnel shall ensure that
there are no standing pools of water, rusty surfaces and
decaying organic material in the food preparation area.

(7) Every licensee shall ensure —
(a) that all containers, such as buckets, tubs

and tanks, as well as utensils, such as
knives and cutting boards, or any other
equipment which has been used for
holding, thawing or preparing food for
dolphins shall be cleaned daily;

(b) that substances such as cleaning and
sanitizing agents, pesticides and other
potentially toxic agents are stored in
properly labeled containers away from
food preparation areas;

(c) that wash down wastes are not be
permitted to drain into a dolphin
enclosure or surrounding area.

17. Any shipment of food received for marine
mammals shall be accompanied by certification of its
nutritional and wholesomeness value and be retested at the
discretion of a marine mammal inspector and shall
include —

(a) a minimum analysis to include
organoleptic and caloric values;

(b) any additional tests to monitor food
quality during storage including a
trimethylamine, peroxide, histamine, total
volatile nitrogen and bacterial plate count.

18. When feeding a dolphin —
(a) feeding shall be done only by a qualified

staff member who has the necessary
knowledge to ensure that each dolphin
receives an adequate quantity of food to
maintain it in good health or by a member
of the public under the direct supervision
of such a staff member;

(b) the staff member responsible for feeding
shall have the ability to recognize
deviations from a normal state of good
health in a dolphin so that food intake can
be adjusted accordingly;

Food Analysis.

Feeding.

[CH. 244A – 34 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(c) public feeding shall only be permitted if it
is done in the presence and under the
supervision of a qualified staff member,
who shall ensure that the dolphins are
receiving the proper amount and type of
food;

(d) fish shall not be re-frozen after it has
thawed whether in whole or in part;

(e) food shall be fed to the dolphin within
twenty-hours following the removal of
such food from the freezer for thawing;

(f) vitamin supplementation shall be given
and individualized for each dolphin.

19. Every licensee shall ensure that the facility has a
comprehensive programme for veterinary medical care that
is integrated with husbandry, research, and management
and such programme shall be established and maintained
under the supervision of the attending veterinarian.

20. (1) A licensee shall make arrangements to have a
qualified attending veterinarian who shall oversee the
veterinary medical care programme referred to in
regulation 19 and who shall —

(a) have graduated from an accredited
veterinary college;

(b) possess a licence to practice veterinary
medicine in The Bahamas in accordance
with the Veterinary Surgeons Act; and

(c) have a minimum of two years experience
in marine mammal medicine within the
last five years, or have worked under the
direction of a recognized marine mammal
veterinarian for at least two years.

(2) Every licensee shall abide by the laws of The
Bahamas governing veterinary practice.

21. Every licensee shall have a programme of on going
health assessment for each dolphin held in captivity, and
such health assessment programme shall include —

(a) regular veterinary rounds;
(b) daily monitoring by husbandry staff of the

physical appearance, activity,

Veterinary
medical care.

Attending
veterinarian.

Ch. 245.

Health
Assessment
Programme.

MARINE MAMMAL PROTECTION [CH. 244A – 35





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

temperament, and/or changes in
behaviour of each dolphin; and

(c) a procedure for recording and
communicating health status issues
between husbandry and veterinary staff.

22. (1) A licensee shall cause to be conducted a
complete physical examination of each dolphin biannually
and in instances of illness, as often as deemed appropriate
by the designated veterinarian and the results shall
include —

(a) the determination of weight change, if
any;

(b) a comparison of food intake and body
weight;

(c) a hematology, blood chemistry, and
appropriate hormonal analysis as needed;

(d) any vaccinations given;
(e) other laboratory tests; and
(f) comments and other observations.

(2) A licensee shall —
(a) establish physiological values and serum

banks for retrospective studies for each
dolphin;

(b) cause to be conducted parasite screening
and treatment where indicated by the
attending veterinarian, for each dolphin;

(c) implement a program of facility design
and maintenance to monitor and prevent
animal injury;

(d) ensure that every dolphin is examined and
certified as healthy by the attending
veterinarian at the time of the dolphin's
initial participation in any of the swim
programmes.

23. Every licensee shall establish and maintain a
programme of clinical medicine which shall include a
protocol —

(a) for communication between the care-giver
staff and the attending veterinarian;

Physical
examination of
dolphins.

Clinical medicine
programme.

[CH. 244A – 36 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(b) for treatment regime administered by the
attending veterinarian;

(c) for emergency medical procedures,
administered by the attending
veterinarian;

(d) for establishing a health care programme
in keeping with regulatory requirements,
including reporting as required;

(e) for maintaining an inventory of
pharmaceuticals and medical equipment;

(f) for maintaining and reporting controlled
substances as required by regulatory
agencies; and

(g) for disinfection and maintenance of
animal handling equipment and areas.

24. (1) Every licensee shall have a quarantine
program and facilities to prevent the introduction of
infectious diseases.

(2) There shall he a quarantine programme for the
arrival of new dolphins at a facility.

(3) Open water enclosures used for quarantine
purposes, shall be located in a way that prevents the spread
of any disease from animal to animal through natural water
movement, and at a distance from other enclosures deemed
adequate by the attending veterinarian after consultation
with the designated veterinarian.

(4) The attending veterinarian of the facility shall
institute quarantine practices based on the prior medical
history of the dolphin and the attending veterinarian shall
recommend such practices in situations where —

(a) a dolphin was collected from the wild less
than thirty days prior to transport;

(b) a dolphin was exposed to another new
arrival dolphin referred to in
subparagraph (a);

(c) the facility is in receipt of poorly
documented medical history on any
dolphin;

Quarantine
programme and
facilities.

MARINE MAMMAL PROTECTION [CH. 244A – 37





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(d) there is apparent medical problems of a
dolphin at the time of arrival at a facility;
and

(e) in the attending veterinarian's discretion,
he considers it necessary.

(5) The attending veterinarian shall supervise the
quarantine of a dolphin for a minimum period of thirty
days unless otherwise directed by the designated
veterinarian, and if, during the thirty day period, additional
dolphins are introduced into the quarantine facility, the
thirty day period must restart for all dolphins already in
quarantine and exposed to the new arrivals.

(6) The attending veterinarian shall thoroughly
clean and disinfect before use on any post quarantined
animal, any equipment used to feed and clean a dolphin in
quarantine.

(7) If approved by the attending veterinarian, an
attendant may be allowed to attend to non-quarantined
dolphins after working with quarantined animals.

(8) Every facility shall take precautions to
minimize the risk of exposure of animal personnel to
zoonotic diseases that may be present in newly acquired
dolphins.

(9) If an attending veterinarian discovers that
zoonotic risks exists in a facility then that facility shall take
all the necessary precautions which shall include —

(a) the use of disinfectant foot baths;
(b) the wearing of appropriate protective

clothing; and
(c) minimizing any physical contact with the

dolphins in that facility.

(10) The attending veterinarian shall conduct a
complete physical examination of each dolphin entering
and existing quarantine facilities.

25. (1) Every licensee shall ensure that the facility
offers an education programme approved by the Minister,
about marine mammals which may encompass displays,
presentations and a wide variety of other educational
programmes, all designed to promote the learning process
of visitors.

Education.

[CH. 244A – 38 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(2) An education programme referred to in
paragraph (1) shall —

(a) be based upon current scientific
knowledge;

(b) provide opportunities for visitors to
expand their knowledge about marine
mammal biology and natural history;

(c) promote the awareness of, and sensitivity
toward, the marine environment and the
relationships of dolphins and other marine
animals to their natural environment; and

(d) present information about marine
conservation.

(3) Every licensee shall ensure that the facility has
a person on staff who shall he primarily responsible for
education development and evaluation, and such person
shall have the following qualifications —

(a) a college degree;
(b) experience working with dolphins; and
(c) educational and administrative

experience.

26. (1) Every licensee of a facility shall implement a
programme of employee health and sanitation.

(2) The licensee shall retain a professional
member of staff consisting of at least one handler per
dolphin and such other persons, holding minimum levels of
experience, as follows —

(a) one or more full time management staff
members possessing experience of not
less than six years in a professional and
managerial position relating to captive
marine mammals, in particular, dolphins;

(b) one or more permanent full time members
of staff possessing experience of not less
than three years in the training and care of
captive dolphins at a recognized facility;

(c) one or more attending veterinarians
and/or consulting veterinarians possessing
experience of not less than two years with
the care and husbandry of dolphins.

Staff.

MARINE MAMMAL PROTECTION [CH. 244A – 39





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

27. (1) The dolphins shall be permitted to engage in
activities and/or interactive programmes for such periods
of time and under conditions consistent with their good
health and well-being.

(2) A responsible employee or attendant shall be
present at all times during periods of public contact, and
during these periods all dolphins must be handled to ensure
minimal risk of harm to the public or a dolphin.

(3) All swim programmes in which a member of
the public participates, shall be directly supervised by at
least two members of the facilities staff and such staff shall
have a minimum of one year continuous experience in any
of the swim programmes.

28. (1) Written instructions in the form of a handout
as well as oral instructions shall be given to each
participant prior to any of the swim programmes and such
instructions shall inform participants —

(a) that the swim programmes present some
potential risk of injury;

(b) that anyone who restrains, pulls or grabs
at a dolphin shall be immediately
removed from the programme and not
permitted to return;

(c) not to touch the eye, blow hole or genital
regions of a dolphin;

(d) of the various non-interactive areas and
that entry is prohibited to visitors;

(e) that facilities for showering with soap and
water before and after swim sessions are
available and that no jewelry must be
worn during any of the programmes.

(2) The information shall also contain the contact
address of the Minister along with a statement to encourage
participants to contact the Ministry responsible for marine
mammals directly if any injury or problematic situation
occurs.

(3) Sufficient time should be allotted for
responding to questions by participants.

29. A person who —
(a) is unable to comprehend, or disregards

safety instructions;

Interactive
programmes.

Instructions for
participants in
human/dolphin
interaction.

Exclusion and
restrictions for
access to
dolphins.

[CH. 244A – 40 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(b) is intoxicated or otherwise similarly
impaired;

(c) is under the age or height requirement for
the specific program;

(d) is physically impaired and not
accompanied by an attendant; or

(e) is part of a specially designed programme,

shall not be permitted to participate in any of the
interactive swim programmes.

30. (1) A licensee shall cause visitors to be restricted
from a dolphin area by either fencing or roping off that
area in the facility.

(2) No visitor shall be permitted to have access to
the dolphins or the areas in which they swim other than
during the scheduled swim programmes.

31. (1) A responsible, knowledge, and readily
identifiable employee or attendant must be present at all
times during periods of public contact with a dolphin.

(2) During a public exhibition a dolphin must be
handled so that there is no risk to the dolphin or any
member of the public and there must be sufficient distance
and barriers between the dolphin and the general public so
as to ensure the safety of the dolphin and the public.

(3) Each participating dolphin in a programme
must have at least one period every twenty-four hours of
not less than ten continuous hours rest from swimmers.

32. (1) Every licensee shall ensure that all dolphins
are provided with protection from abuse, harassment and
interference by members of the public by the use of a
sufficient number of attendants to supervise the public or
by physical barriers, distance or both.

(2) A facility shall report in writing to the Minister
within twenty-four hours of any verbal or written threat,
vandalism or attempted vandalism made at the facility or
towards any personnel of the facility.

33. (1) The human swim participant/dolphin ratio for
the Dolphin Swim Programme shall not exceed 2 to 1 and
there shall not be more than six swim participants per
trainer.

Dolphin areas.

Contact with
dolphins.

Protection from
abuse.

Ratios for
human/dolphin
interaction.

MARINE MAMMAL PROTECTION [CH. 244A – 41





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(2) The human swim participant/dolphin ratio for
the Dolphin Wade Programme shall not exceed 10 to 1 and
the Dolphin Wade Programme shall not exceed forty-five
minutes in duration.

(3) The human diver participant/dolphin
programme shall not exceed 6 to 1 and there shall not be
more than a total of twenty-one divers, including dolphin
trainers in the water at any one time.

34. (1) Any person who handles a dolphin shall do so
as expeditiously and as carefully as possible and in a
manner that does not cause any unnecessary discomfort,
overheating, behavioural stress or physical harm to that
dolphin.

(2) A dolphin that —
(a) is involved in an incident in which

another dolphin or human is injured;
(b) exhibits undesirable behaviour;
(c) exhibits any sexual behaviour directed

towards a human;
(d) exhibits any behaviour or physical

symptom that, in the opinion of the
trainer, programme staff attending or
designated veterinarian, may indicate
injury, illness or stress that warrants
removal from participation in any swim
programme,

shall be removed immediately from the swim programme,
and from enclosures in which humans are participating in
the programme.

(3) A dolphin that is involved in any incident or
exhibits any such behaviour as referred to in paragraph (2)
shall not be permitted to participate in any other swim
session until it has been examined by the designated
veterinarian and determined by the head trainer that it may
be returned to the programme.

(4) The head trainer may determine that a dolphin
referred to in paragraph (3) may require retraining or other
measures before a dolphin returns to a programme and
such dolphin may not be returned until such measures has
been completed.

Injury to
dolphins or
human
participants.

[CH. 244A – 42 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(5) When a dolphin is removed, the incident or
undesirable behaviour that causes its removal must be
clearly described in the daily monitoring records and the
name, address, telephone number of each participant and
any other person who has observed the incident or
behaviour must also be recorded.

(6) A dolphin removed from a swim programme
shall, if the incident resulting in its removal involved a
human or dolphin injury that received the attention of a
medical doctor or veterinarian, remain out of the
programme for at least twenty-four hours after its removal.

(7) Where a participant is injured by a dolphin, the
facility shall notify the Minister by telephone or facsimile
of the injury within twenty four hours of the injury and
shall submit a written report on the injury within seven
days of the incident, which shall include —

(a) a description of the injury and its probable
causes;

(b) the name, local and permanent addresses
of the injured person;

(c) the telephone numbers of the injured
person;

(d) the name, address and telephone numbers
of any witnesses to the accident; and

(e) a summary of the progress or conclusions
of any dolphin evaluation made as a result
of the incident.

35. (1) If a dolphin is determined, whether by the
facility or the Minister, to be no longer suitable for use in
any swim programme or otherwise, or if the Minister
deems that it is no longer in the best interests of the
dolphin to remain at the facility, that dolphin shall be taken
into the care of a body appointed by the Minister and either
rehabilitated for release to the wild in a responsible manner
at the cost of the facility at which the dolphin was held or
otherwise dealt with in a manner which the Minister deems
to be in the best interest of the public or dolphin concerned.

(2) No sick, diseased, stressed or injured dolphin
shall be permitted to be used in any swim programme or
perform in any manner and such dolphin shall be provided
with the adequate veterinary care deemed necessary by the
designated veterinarian.

Unsuitable
dolphins.

MARINE MAMMAL PROTECTION [CH. 244A – 43





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

36. (1) A licensee shall ensure that —
(a) each dolphin completes a training

program prior to its initial participation in
an interactive programme;

(b) each dolphin is consistently trained in
husbandry behaviours which shall include
stretcher training that allow the taking of
blood, stomach, urine and fecal samples
and blow hole cultures for regular testing,
and such samples shall be taken by or in
the presence of, or under the direction of
the attending veterinarian except in the
case of an extreme emergency;

(c) positive reinforcement techniques shall he
used in conjunction with the interactive
programmes; and

(d) every dolphin shall be gate-trained prior
to its participation in a swim programme,
except for a pre-weaned calf.

(2) The training of a dolphin shall be done by or
under the direct supervision of an experienced trainer
without food deprivation, physical punishment, fear or
abuse being used or inflicted upon the dolphin.

37. (1) A swim area in a facility shall provide each
marine mammal with the appropriate water volume based
on species specific standards as approved by the Minister,
and in particular a dolphin swim area shall have at least
65,000 gallons for every four dolphins and at least an
additional 20,000 gallons for each additional dolphin.

(2) Every swim area shall have a constant
minimum average depth of nine feet at mean low tide.

(3) Every dolphin shall be provided with access to
a non-interactive area should they choose to terminate any
interaction with humans or to terminate their participation
in any programme.

(4) Every dolphin shall be trained to recognize its
non-interactive area particularly when the same is an
adjoining enclose accessed through gates.

38. (1) No person shall transport a dolphin without the
written permission of the Minister and the attendance of an
attending veterinarian.

Training.

Dolphin swim
areas.

Transportation.

[CH. 244A – 44 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(2) Subject to paragraph (1), no person shall
transport a dolphin unless —

(a) an initial health assessment is conducted
by the designated veterinarian on each
dolphin within three to ten days preceding
transport, which shall include an
evaluation of any behavioural, feeding
and medical records;

(b) a final transport planning meeting is held
by the transport coordinator not more than
twenty-four hours prior to transport;

(c) fasting of the dolphins is considered by
the attending veterinarian prior to any
transport;

(d) the dolphin is transported within a
properly secured container with water and
open top access that provides body
support and facilitates homeothermy;

(e) the dolphin is positioned within the
container in such a way that any contact
with any hard or abrasive surface will not
cause abrasion, nor restrict blood
circulation or impede respiration;

(f) during transportation the dolphin is
monitored regularly and the necessary
adjustments are made for its comfort
where appropriate;

(g) if transported by air, the aircraft cabin
pressure is maintained at less than 8000
feet;

(h) there is a minimum of two attendants per
transport with an additional dolphin
attendant per four dolphins, whichever is
greater;

(i) such transport is carried out in accordance
with CITES and others applicable
agreements.

39. No person shall separate a dolphin from its mother
until that dolphin has been weaned naturally or upon the
written approval of the head trainer or attending
veterinarian.

Separation from
mother.

MARINE MAMMAL PROTECTION [CH. 244A – 45





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

40. Every licensee shall provide twenty-four hour
security at the facility.

41. (1) Where any changes to a facility require the
preparation of an Environmental Impact Assessment, the
licensee shall obtain the written approval of the Minister
prior to any change.

(2) A facility for housing dolphins shall he
structurally sound and in good repair.

(3) A dolphin which is not compatible shall not he
housed near other dolphins or other animals that could
cause them stress or discomfort or interfere with their good
health.

(4) A dolphin enclosure shall not have any loose
objects, wires, ropes or sharp edges which may cause
injury or trauma to a dolphin.

(5) All enclosures shall be thoroughly inspected
each morning to ensure that they are free from the
aforesaid.

(6) All surrounding buildings and grounds, as well
as exhibit areas, shall be kept clean and in good repair at all
times.

(7) The wall, fence and the bottom surfaces of all
enclosures shall be cleaned as often as necessary to
maintain proper water quality and through-flow and to
ensure that the bottom of the swimming areas are free from
debris.

(8) Reliable and adequate sources of hot and cold
water and electric power shall be provided to the facility
and specifically to those areas where dolphin food is stored
and prepared.

(9) A generator of sufficient capacity to provide
adequate power in the event of a power shortage to run all
refrigerators and freezers for the storage of food shall he
installed and maintained in good working order.

(10) Every facility shall contain adequate wash
rooms, basins, showers and sinks for employees, attendants
and participants.

(11) An enclosure shall not contain water which
may be detrimental to the health of the dolphins.

Security.

Dolphin facilities
and enclosures.

[CH. 244A – 46 MARINE MAMMAL PROTECTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(12) The coliform bacteria count of a holding
enclosure shall not exceed 1000 MPN (most probable
number) per 100 ml of water.

(13) No fuel shall be transferred within 1000 feet of
a dolphin enclosure unless appropriate measures in
compliance with the local governing bodies are in place to
protect marine mammals in the event of an oil spill.

42. Only professionally recognized equipment or
apparatus shall be used on a dolphin when conducting
dolphin research or when carrying out dolphin
husbandry/training programmes.

43. (1) An analysis of ambient water for coliform,
heavy metal, petroleum and other contaminants shall be
carried out weekly by and approved by the Minister.

(2) Water samples shall be taken on various days
of the week and various times throughout the day for
testing.

(3) Records must be kept documenting the time
when samples were taken and the results of the sampling.

(4) A marine mammal inspector may at any time
take water samples from a facility for the purpose of
testing, the cost of which shall be met by the licensee of
that facility.

44. A licensee shall ensure that a safe and effective
programme for the control of insects, ectoparasite and
avian and mammalian pests are established and maintained
at the facility.

45. A facility participating in dolphin propagation
shall —

(a) prior to a time of parturition, provide for
the ability to separate pregnant females
from other animals;

(b) provide maternity pools that are of a size
and configuration to facilitate nursing and
calf-rearing;

(c) have personnel that possess or have
access to expertise concerning dolphin
reproduction;

(d) establish a programme to monitor calf
delivery and rearing in place;

Equipment.

Water.

Pest Control.

Propagation.

MARINE MAMMAL PROTECTION [CH. 244A – 47





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(e) give consideration to the daily activity
level of pregnant and nursing female
dolphins;

(f) monitor the reproductive status of male
and female dolphins using hormonal
assays and ultrasonography;

(g) consider breeding programmes and the
reproductive and physical condition of
participating dolphins;

(h) maintain breeding, pre-parturient, and
lactating dolphins in social environments
encouraging successful rearing of
offspring;

(i) develop contingency plans and record
protocol procedures for —
(i) emergency intervention before,

during and after delivery;
(ii) unexpected pregnancies;
(iii) weaning;
(iv) illness; and
(v) pathological examinations of

mortalities.
(j) participate in regional or international

studbook and breeding management
programmes such as the Marine Mammal
Taxon Advisory Group or a Species
Survival Plan or others as recommended
by the Minister; and

(k) give consideration to the specific needs of
each dolphin.
Read Entire Law on laws.bahamas.gov.bs