Abstract
The Animal Welfare Act (AWA) establishes basic requirements to conduct research, testing, or experiments using marine mammals. The AWA defines a "research facility" as any institution, organization, or person that uses or intends to use live animals in research, tests, or experiments; purchases or transports live animals in commerce; or receives funds under a grant, award, loan, or contract from a department or agency of the United States for the purpose of carrying out research or experiments.1 The AWA establishes care and treatment standards for marine mammals used for exhibition and research, establishing specific requirements for personnel, handling, recordkeeping, and onsite oversight at research facilities. The AWA establishes the minimum acceptable standards for research.2
A clear understanding of what is required to meet Federal regulations is needed. Marine mammals are unique in that, in addition to the Animal Welfare Act (AWA) requirements, a Marine Mammal Protection Act (MMPA) permit is also required.3 Under the AWA, certain research activities are exempt from regulation even if an MMPA scientific research permit is required. These can include field studies conducted on free-living wild animals in their natural habitat if it meets the AWA definition of field study.2 If any study involves invasive procedures or harms or alters the behavior of a marine mammal under study, it is no longer exempt.2 Sample collection during routine husbandry procedures, or research comprised solely of behavioral observation do not require registration in and of itself. Unless the activity is exempt, the facility must be registered. If non-affiliated researchers are using the regulated animals, the research must be employed by a registered research facility. A licensed exhibitor can also hold a research registration.
A key provision of AWA regulations for research facilities is the requirement for an Institutional Animal Care and Use Committee (IACUC). The IACUC must have at least 3 members, including the attending veterinarian and a member of public not affiliated with the facility. This body reviews and approves all protocols, inspects the research facilities at least twice a year, and reports all issues to the Institutional Officer. The IACUC also makes sure that all research staff are appropriately trained. The facility management can assign additional duties to the IACUC and require review of non-AWA regulated species. An annual report of animal use must be submitted to USDA.
Prior to conducting any research with marine mammals, IACUC protocol approval and the MMPA permit must be in hand. During the MMPA application process, USDA reviews and comments on applicable proposals. There may be additional non-government requirements if the research is conducted at an AZA facility.4 Applicants should allow up to a year prior to the commencement of the intended research to complete the MMPA application process due to review and comment requirements.
* Presenting author
Literature Cited
1. Animal Welfare Act and Standards; November 2013
www.aphis.usda.gov/animal_welfare/downloads/Animal%20Care%20Blue%20Book%20-%202013%20-%20FINAL.pdf
2. Animal Welfare Information Center
http://awic.nal.usda.gov/questions-and-answers-about-animal-welfare-act-and-its-regulations-biomedical-research-institution-1
3. The Marine Mammal Protection Act of 1972 As Amended; as amended 2007
www.nmfs.noaa.gov/pr/pdfs/laws/mmpa.pdf
4. AZA Conservation Grants Fund
www.aza.org/cgf-faq/