You will recall that in Newsletter #17, I mentioned that I was instructed to poll the full membership by mail concerning the constitutional amendment. I mailed 50 (fifty) ballots indicating that the last day for voting was Sept 1/72. We had a 90% response (ie) 45 ballots were returned and counted. The results were as follows:

For the proposed amendment – 24
Against the proposed amendment – 21

I will prepare the new constitution soon and mail each of you a copy (or perhaps Dr. Geraci will as he promised).

The Legislation Liaison Committee under the chairmanship of Dr. T.S. Grafton has been working. The following is the communication from this committee to the chairman of the Ocean and Atmosphere Subcommittee in its entirety. It is reproduced in this newsletter for you.

Reference is made to Committee Print No.1 of the Marine Animal Protection Act, dated May 10, 1972. This bill has been referred to the other members of the legislative liaison committee of this organization. The comments that follow represent a consolidation of comments, not only from the four other members of this committee, but from other interested parties that they have taken the initiative of contacting in this regard.

In general, the Bill appears to be quite comprehensive and deserves the support of our professional organization. The following specific comments are offered as constructive criticism.

Section 3 (1) (i)

While whichever secretary has the authority to place a species of whale on the Endangered Species List, it is suggested that he should do so only with the concurrence of the Scientific Committee of the IWC and the ICUN. In that regard, sperm, sei and fin-whales should be taken off the United States' list of Endangered Species.

Section 3 (10) (A) and

Divided Authority: While there is no doubt some significant bureaucratic reason for the divided authority represented in these two paragraphs in which part of the authority is delegated to the Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce and the remaining responsibility to the Secretary of the Interior, past results in some degree of confusion, duplication of effort, monetary waste and reduced effectiveness of implementation and enforcement. It would seem highly desirable to consolidate responsibility under one secretary.

 Section 3 (12)

There are terms used in the definition of "take" which in themselves require further definition or else elimination. To say the term "take" means to harass, hunt, capture or kill implies that hunting and killing are not synonymous. If they are synonymous, then one is redundant. Could not "hunt" mean to seek with or without intent to harm? Is the disturbance by approach to observe and take pictures construed as harassment?

Section 101 (b) (1)

The restriction of taking of pregnant females is impractical as stated. It would not be possible to determine before or even after capture except by necropsy that a state of pregnancy existed in the early stages. Furthermore, the fur seal is non-pregnant for only 5 days a year under normal conditions. The new embryo is dormant for four months. All of the marine mammals we know of display this delay of implantation of the now blastocyst which is conceived soon after parturition. Perhaps the restriction could be modified to "pregnant females near term" which would be obvious to those engaged in the taking.

Section 101 (b) (2)

This restriction would prevent zoos and oceanaria from hand raising newborn animals, which are the best subjects in some species to collect for purposes of display or training. A newborn fur seal, for example, is tame and manageable for the first 2 days after birth, but it soon becomes very belligerent. In many instances newborn seals become orphans as a result of waves washing them away from their own rookery and the fact that another female seldom, if ever, will adopt a strange pup. If these newborn seals are not taken and hand raised, they invariably die of starvation. Therefore, if this restriction is retained in the Bill, an exception should be made for taking for purposes of display or scientific research.

Section 103 (c)

This section provides for the issuing of a permit for the taking of marine mammals for the purpose of display or scientific research which are legitimate purposes. Yet in further sections; specifically, Section 103 (f) (C) (2) and Section 202 (a) (2) and Section 203 (c), it probably should be stated so. We could see no reason why properly regulated display of marine mammals is not appropriate in these sections as well. It could very well be that in some species the maintenance and breeding in oceanaria may be the key to survival of such species.

Section 103 (d) (4) and (6)

These provisions for "any interested party" or "any party opposed" while appearing to be innocuous statements have a very real threat contained therein. While ideally in a democratic process, any citizen should have the right to express concern in matters of this sort, the fact remains that some definition of responsibility should be made. While the legal provisions for hearings and reviews from a legal standpoint are beautiful, when it comes to the question of marine animal life, a delay of 60 days for review of an appeal might completely bracket the entire season when a given species is available in the rookeries so that taking is feasible. It is therefore, recommended that some provision be made for weighing the validity of an objection before this prohibitive kind of delay is implemented.

Section 201 (b

This is not a criticism but merely a suggestion to whichever secretary becomes responsible for this law, and that is that a roster of members of the International Association for Aquatic Animal Medicine should be made available to the secretary when looking for names of individuals qualified to serve on the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals.

I want you to know that our professional organization is indeed grateful for the opportunity to review this proposed legislation prior to its enactment. Once again we offer our willingness to provide professional advice to your committee in its further deliberation.

The following communication was received from Dr. J.R. Geraci concerning the WDA - Hosted IAAAM Presentation at Ann Arbor, Michigan.

The 1972 annual conference of the Wildlife Disease Association was held on the University of Michigan campus, Ann Arbor, on June 12-15. The topics of both papers and panel discussions appeared to a wide range of terrestrial and aquatic animal disease interests.

At the conference, the International Association for Aquatic Animal Medicine sponsored a one-half day general session on aquatic mammal diseases. Our program was chaired by Joe Geraci and included his presentations of Introduction to Aquatic Mammals, and Aquatic Mammals and Public Health. Bill Medway discussed Diagnosis of Aquatic Mammal Diseases and remained cheerful throughout! Dick Conklin, on 15-minutes notice, put together a short illustrated talk on Necropsy Procedures in Dolphins. John Allen discussed Aquatic Mammal Diseases and, as usual, remembered to bring along most of his slides. Mark Keyes capped the presentations with a sincere and detailed look at Marine Mammal Conservation and Legislation. The topical presentations were followed by a 40-minute panel discussion which touched upon virtually all aspects of aquatic mammals.

The session was well attended, well received, and from our point of view at least, exciting - a-note of thanks to our host, the W.D.A.

One of the Beluga whales at the New York Aquarium gave birth to a calf during the past summer. Unfortunately, it died very shortly after birth. This is the first, I believe, record of birth of one of these whales in captivity; perhaps, more information will be forthcoming from Dr. J.D. Hyman.

There is a lawsuit pending in England against a pharmaceutical house concerning the death (?) or deaths of sea lions treated with Arecoline or one of its derivatives. I know of no faster way to kill sea lions than with Arecoline. It has happened to me and is embarrassing to say the least; so beware.

The following publication announcement is made at the request of Dr. W.H. Dudok van Heel, Curator, Harderwijk, Holland.

The dolphinarium is soliciting orders for their publication "Aquatic Mammals", Vol 1, #1 has been published and is available; Vol #2 is expected in September, 1972. Anyone interested in this publication should write to the Dolfinarium in Harderwijk, Holland

Some details about the publication follow:

Information on husbandry, techniques, medication, sickness, transport etc., concerning delphinids and pinnipeds is spread over .a wide variety of journals. For many who are in charge of these animals keeping track of this information is often difficult to say the least. Moreover, it is difficult as a rule to have your information accepted for quick publication. It is far from unusual that publication takes more than a year.

In an attempt to meet these problems and because we are of the opinion that delphinology and its related subjects have matured enough to stand on their own, the Dolphinarium his started a journal "Aquatic Mammals", on a non-profit base, accepting original papers on: catching, transport, husbandry (technical issues), medical care, sickness, conservation, and related investigations of aquatic mammals in Dolphinaria and Oceanaria.

Dr. W.H. Dudok van Heel, curator Dolfinarium, Harderwijk, Netherlands, will act as managing editor and all manuscripts and letters seeking information should be directed to him. There will be no subscription fee. The journal will be for sale only and the price will be announced per issue.

The journal has offered to take care of papers read during the symposia organized by the European Association of Aquatic Mammals now in statu nascendi. Therefore, the first two issues will contain mainly papers read during the symposium "Dolphins and Dolphinaria", held at Harderwijk, Netherlands, February, 1972.

The first issue, Vol 1, no. 1 is obtainable now:

Contents: "Transport of Dolphins" by Dr. W.H. Dudok van Heel, Curator, Dolfinarium Harderwijk, Netherlands.

Provisional orders can be placed on Vol 1, no. 2 due to appear in September, 1972:

Contents: "The Anatomy of Delphinids" by Mr. P.E. Purves, Ph.D. British Museum of Natural History in London, England.

"Conservation in the light of catching and pollution" by Dr. P.J.H. van Bree, Zoological Museum, Amsterdam, Netherlands.

"Basic nutrition, vitamins, food preparation" by Mr. C. van de Hurk, Veterinary consultant to the Dolfinarium, Harderwijk, Netherlands.

"A method for ophthalmology in delphinids" by Mr. A.D.G. Dral, Netherlands Institute for Sea Research, Texel, Netherlands.

In order to speed spreading information, we intend to publish relative small issues a number of times a year rather than large volumes once a year. Manuscripts for issue no-3 will be accepted now. Authors are requested to consult "Instructions for Authors" obtainable through the managing-editor.

Many of you have still not paid your dues for 1972. Our next annual meeting will be in Victoria, British Columbia, Canada some time next spring.

Sam Ridgway is back in the USA, looking and feeling well.

The International Seal Symposium at Guelph was a great success. IAAAM members present were Geraci, Medway, Ridgway, Dailey, Budd, Montreuil, Gilmartin and Cornell.

A very informative symposium was held in San Diego, Aug 21 & 22/72 on the captive California Gray Whale, "Gigi”. The symposium was sponsored by the National Marine Fisheries Service. I attended and gave a short talk on some plasma coagulation factors in her blood. The proceedings will be published in the Fishery Bulletin some time after Jan 1/73.

William Medway