Permit 774, Public Display 1991/1992

Mr. Brad F. Andrews Vice President, Operations Sea World, Inc. 7007 Sea World Drive Orlando, Florida 32821

Dear Mr. Andrews:

UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Silver Spring, Maryland 2091 0

OCT - 7 1992

Enclosed is Permit No. 774, issued to Sea World, Inc. authorizing the importation of two (2) adult female killer whales (Orcinus orca) and one (1) calf from Sealand of the Pacific, Ltd., 1327 Beach Drive, Victoria, B.C. V8S 2N4, under the provisions of the Marine Mammal Protection Act of 1972 (MMPA). Permit No. 774 also authorizes the importation, for purposes of public display under Section 104 of the MMPA, of the male killer whale, "Tillikum," that was imported to Sea World under Agreement No. 1Q for medical treatment otherwise unavailable. It is required that you review and comply with the Permit, the Special and General Conditions attached thereto, and the enclosed MMPA and regulations prior to and while engaging in the authorized activities.

Please note that Special Condition B.1.b. requires that, prior to importation, you determine, to the extent practicable, that lactation/nursing has ceased and the killer whale calf to be imported has been weaned. Special Condition B.1.c. requires that, at least 30 days prior to import, you submit an importation plan which must be approved before you initiate final importation arrangements. Special Condition B.2.a. requires that you or your agent notify the Director, Southeast Regional Office, National Marine Fisheries Service (NMFS) ten days in advance of the importation in order for the Regional Director to arrange for an observer to monitor the importation, should he determine that to be desirable. Special Condition B.3.a. requires submission of a summary report of prejpost transport procedures thirty days after the importation.

You are reminded that the killer whale is listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. For information on importation requirements for Appendix II animals, you may contact the Office of Management Authority, u.s. Fish and Wildlife Service, P.O. Box 3507, Arlington, Virginia 22203-3507.

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The fee for this permit is $200.00. We would appreciate receiving a check for this amount payable to the National Oceanic and Atmospheric Administration. Please submit the check to Chief, Permits Division, Office of Protected Resources, National Marine Fisheries Service, 1335 East-West Highway, Room 7324, Silver Spring, MD 20910.

Enclosures

Sincerely

Na cy Foster, Ph.D. Director Office of Protected Resources

UNITEO STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE 1335 East~West Highway Silver Spring, MD 20910

THE DIRECTOR

Public Display Permit No. 774

Sea World, Inc., 7007 Sea World Drive, Orlando, Florida 32821, is hereby authorized to import the marine mammals specified below for public display subject to the provisions of the Marine Mammal Protection Act of 1972 {16 u.s.c. 1361-1407), the Regulations Governing the Taking and Importing of Marine Mammals {50 CFR Part 216), and the Conditions hereinafter set out. A. Number and Kind of Marine Mammals

Two {2) adult females, and one (1) calf killer whale (Orcinus orca) may be imported from Sealand of the Pacific and permanently maintained for public display purposes. The male killer whale, "Tillikum," that was imported to Sea World under Agreement No. 1Q for medical treatment otherwise unavailable may also be imported and permanently maintained for public display purposes.

B. Special Conditions

1. Import/Display

a. The importation authorized by this Permit shall be conducted as described, and for the purposes set forth, in the application.

b. Prior to the importation, the Permit Holder must determine, to the extent practicable, that lactation/nursing has ceased and the killer whale calf to be imported has been weaned.

c. At least 30 days prior to importation, the Permit Holder must submit a detailed importation plan in writing to the Director, Office of Protected Resources. This plan must address: the plans and facilities for transport and maintenance of the requested animals; include the Permit Holder's determination in accordance with paragraph 1.b.; state that the killer whales to be imported have been determined by the Permit Holder to be ready

THE ASSISTANT ADMINISTRATOR FOR FISHERIES

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for importation/transport and describe the manner in which this determination was made by the Permit Holder; and state the point in time or action upon which the Permit Holder will assume sole responsibility for the care and maintenance of the killer whales to be imported. Following the Director's review and approval of this plan the Permit Holder may proceed with final importation arrangements; specific dates and times of import shall be provided in accordance with notification condition 2.a.

d. No marine mammals taken or imported hereunder may be used in a humanjmarine mammal swim program where a member of the public is allowed to enter the water with a marine mammal for recreational swimming, snorkeling or scuba diving activities, unless specifically authorized by the Assistant Administrator for Fisheries. For purposes of this condition, a member of the public is any general visitor or customer who engages in an interactive swimming activity with a marine mammal.

e. The authority to import the marine mammals as authorized herein shall extend from the date of issuance through December 31, 1993. The terms and conditions of the Permit shall remain in effect as long as the marine mammals, and/or the progeny of such marine mammals, imported hereunder are maintained in captivity under the authority and responsibility of the Permit Holder.

2. Notification

a. The Permit Holder or its agent is required to notify the Director, Southeast Region, 9450 Koger Blvd., st. Petersburg, FL 33702 in writing, at least ten days in advance of the importation. This notification must include the planned departure and estimated arrival times and dates, transport mode(s) and route including port of entry and any intermediary stops, and the names and qualifications of the individuals accompanying the animals during transport. A copy of this notification should also be provided to the Chief, permits Division, Office of Protected Resources. At the discretion of the Regional Director a NMFS observer may be assigned to monitor the importation. Ten days advance notice to the Regional Director and the Permits Division is also required for any future transfers of these animals to other Sea World facilities.

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b. Upon the death of each animal the Permit Holder is required to notify the Chief, Permits Division, Office of Protected Resources by telephone, so that, if practicable, arrangements may be made for a qualified observer to be present at the necropsy.

c. The Permit Holder must provide notification concerning the animal/human interaction history of each of the animals referred to in A. to all personnel whose responsibilities include the handling, training, or other direct interaction with or management of the animals referenced in A., including any activities in which Permit Holder personnel enter the primary enclosure (i.g., pool) in which any of these animals are held.

3. Reporting

a. Thirty days after the importation, the Permit Holder must submit a summary report of pre and post-transport procedures, including any isolation/quarantine procedures, used to determine the health of the animals both prior to and following the import, including any medical tests.

b. The Holder shall submit a report by December 31, 1992, and annually thereafter, describing the health and condition of all marine mammals held. This report shall be submitted to the Assistant Administrator for Fisheries, National Marine Fisheries Service, 1335 East-West Highway, Suite 7324, Silver Spring, Maryland 20910.

c. General Conditions All applicable General Conditions attached as Section C and the U.S. Department of Agriculture care and maintenance standards shall apply and are made a part hereof.

OCT -7 1992

Date

C. GENERAL CONDITIONS

1. Responsibilities of Permit Holders

a. The Permit Holder, in effecting the taking andjor importing authorized by this permit, will be considered to have accepted and to be prepared to comply with the provi-sions of this Permit, applicable Regulations, and the Act.

b. The Holder shall be responsible for the activities of any individual who is operating under the authority of the Holder's Permit relating to the taking, importing, transportation, or maintenance and care of any marine mammals authorized to be taken or imported hereunder.

c. Under the terms of the Regulations, a violation of any of the terms and conditions of this Permit shall subject the Holder andjor any individual who is operating under the authority of the Holder's Permit to penalties provided in the Act.

d. All personnel of the Holder, including veterinarians, requiring State or Federal licenses to practice their profes-sion shall be, and so long as employed by the Holder in that capacity, remain, duly licensed under the appropriate law.

e. As stated in Section -216.34 of the Regulations:

1. This Permit must be in the possession of the person to which it was issued, or an agent of s~ch person, during:

a. The time of the authorized taking or importing;

b. The period of any transit of such person or agent which is incident to such taking or importing; and

c. Any other time while any marine mammal taken or imported under thjs Permit is in the possessjon of such person or agent.

2. A duplicate copy of this Permit must be physically attached to the container, package, enclosure or other means of containment, in which the marine mammal is placed for purposes of storage, transit, supervision or care.

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2. Requirements for Taking, Importing, and Transporting Marine Mammals

a. No marine mammal authorized to be taken or imported hereunder; as the case may be, shall be taken by the Holder or any other person, in violation of the law of any country having jurisdiction over the taking. b. This Permit does not authorize the Holder or any other person to take marine mammals in the territorial waters of any country without the consent of such country. The Holder is responsible for securing such consent and complying with appropriate laws of that country.

c. No marine mammal may be imported unless the Assis-tant Administrator for Fisheries determines that the methods of taking, hblding, and transporting marine mammals in the country of origin are consistent with the provisions and policies of the Act.

d. Importation of marine mammals is subject to the provisions of 50 CFR Part 14. Importers are advised to see 50 CFR Part 14 for importation requirements and information.

e. The marine mammals authorized by this Permit to be taken shall be taken in a manner determined by the Assistant Administrator to be acceptable.

f. All marine mammals must be taken in a humane manner. In the event the Assistant Administrator for Fisheries determines that any method of taking authorized herein or otherwise is not humane, taking by such method shall

i~ediately cease and taking shall not resume until an acceptable method of taking has been prescribed by the Assistant Administrator for Fisheries. Any inhumane taking shall subject the Holder to the penalties of the Act, including revocation of this Permit.

g. The Holder shall neither take nor import any mammal which is pregnant, a lactating female, or is an unweaned young mammal, unless such taking or importing is specifically authorized in Section B of this Permit.

h. The Holder shall employ a duly certificated common carrier by air, water, rail, or road in the transporta-tion of any marine mammals, except that the Holder may use a private vehicle for such transportation if such vehicle is operated by Holders personnel and the provisions of this subsection are complied with in the course of the transportation involved.

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i. All aspects of the transportation plans must be found satisfactory by a duly licensed doctor of veterinary medicine.

3. Veterinary Program

a. A doctor of veterinary medicine shall be on the staff of the Holder, or otherwise generally available to the Holder when needed, in order to:

1. ensure that the taking of marine mammals is conducted in a humane manner;

2. provide prompt and appropriate medical treatment of marine mammals being captured, transported, or maintained in captivity~

3. supervise medically necessary humane destruction of sick, diseased, stressed, injured, or lame animals; and

4. provide for the development and implementation of an appropriate disease control program.

b. In the event of the humane destruction of an animal, the Holder shall perform an autopsy on the animal and within seven days of the death of such animals, shall notify the appropriate regional office of the National Marine Fisheries Service of the death and send to such office a copy of the autopsy report.

c. Any pregnant animals shall receive proper veterinary attention. All births involving any animal taken under this Permit shall be reported to the Assistant Administrator for Fisheries.

4. Records and Reports

a. The Holder shall submit a report within 30 days of the taking or importing authorized herein, describing the method and location of the taking. including any problems or complications which might have arisen in connection with the taking. The Holder shall submit a report by January 1, following the date of issuance of this Permit, and annually thereafter, describing the health and condition of the marine mammals. These reports shall be submitted to the Assistant Administra-tor for Fisheries, National Marine Fisheries Service, U.S. Department of Commerce, Silver Spring, MD 20910.

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b. The Holder shall submit a report within 30 days of the taking or importing of scientific specimen materials listing the species, type of material, method of preser-vation, and the disposition of the specimens. This report shall be submitted to the Assistant Administrator for Fisheries, National Marine Fisheries Service.

c. The Permit Holder shall maintain sufficient written records regarding themarine mammals taken or imported as authorized herein to be taken or imported in its possession or otherwise acquired, to allow for adequate identification of each such mammal. Such records shall include, but are not limited to, species, physical description of the animal, date and location of acquisition (whether by capture or other means), and identifying characteristics, either natural or artificially produced. Such records shall be available for inspection by a duly authorized representative of the Assistant Administrator for Fisheries at the facility in which the animal is located.

d. In the event of mortality of these marine mammals, the Holder shall provide a report of the death within 30 days, including autopsy and clinical history, in a form consistent with accepted veterinary medical practices, and a copy of the records required in Section C-4c of this Permit.

e. In the event that any marine mammal is killed during the course of taking or importing, said marine mammal shall be considered as having been taken or imported, ~nd the number of live animals of the kind permitted to be taken or imported shall be reduced accordingly, unless the Assistant Administrator for Fisheries determines that the death was due to causes beyond the control of the Holder, and that the remains of the mammal were disposed of in a satisfactory manner, in which case the Holder shall be entitled to take or import an additional animal.

f. If, within 30 days of taking or importing a marine ma~al dies or is determined by the Holder to be unaccep-table for his purposes, the Holder shall be entitled to take or import and additional mammal provided that the unacceptable animal, or the remains of the dead animal, is disposed of in a manner satisfactory to and approved in advance by the Assistant Administrator for Fisheries and provided further that in the case of death the Assistant Administrator determines such death was due to causes beyond the control of the older. The foregoing replacement privilege, shall apply only in those cases in which the Assistant Administrator determines that the status of stock to which the animal in question belongs will not be adversely affected by further taking.

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5. Sale or Disposition of Mammals or Progeny

a. The Holder shall not sell or otherwise dispose of (1) any mammal, the taking or importation of which is authorized by this Permit, or the progeny of any such mammal, or (2) any mammal in his possession or control on the date of the issuance of this Permit or subsequently acquired, which is of the same species as any mammal the taking or importation of which is authorized by this Permit, or the progeny of such a mammal except with the approval of the Assistant Administrator and subject to such terms and conditions as the Assistant Administrator may prescribe. All animals subject to this paragraph shall be marked or otherwise identified in a manner satisfactory to the Assistant Adminitrator for Fisheries.

b. In the event of the death of any marine mammal or of the species of marine mammal authorized to be taken or imported, the Holder shall make every reasonable attempt to notify the scientific community of the availability of specimen materials. The Holder may contact the appropriate Regional Director or the Assistant Administrator for assistance in this matter.

c. The Holder is authorized to deposit specimen materials that have been taken or imported, into scientific collections which meet the minimum standards of collection curation and data recording and maintenance as established by the scientific community. The Holde~ is authorized to export and re-import such materials as necessary.

6. Display Program

a. Any marine mammal taken or imported pursuant to the terms hereof may not be displayed at any facility of the Holder other than the facility for which the permit ~as sought, unless specific permission is requested and obtained from the Assist3nt Adminis~rator. However, the Holder ~ay hold the mammals at another facility

a~ceptable to the Assistant Administrator in the manner required hereunder.

b. Any display program in which any of the marine mammals taken or imported hereunder are to participate shall be designed so as not to fatigue or overwork the mammals. A duly licensed veterinarian shall certify to the Assistant Administrator that any display program involving any mammals taken or imported pursuant to this Permit will not unduly fatigue or injure such animals.

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7. Research Program

a. The Holder is authorized to conduct scientific research on any marine mammal taken hereunder provided such scientific research reasonably can be expected not to cause death or permanent injury to the animal and is approved in advance by the Assistant Administrator.

8. Inspection

Upon request by the Assistant Administrator, the Holder shall permit any employee(s) of the National Marine Fisheries Service or any other person(s) duly designated by the Assistant Administrator, to inspect the Holder's records and facilities insofar as such records and facilities pertain to activities authorized by this Permit, relate to species covered by this Permit, or pertain to the Assistant Administrator's responsibilities under the Act.

9. Transferability and Assignability

The Holder shall not transfer or assign the permit granted herein to any other person, as person is defined in Section 3(9) of the Act. This Permit is of no force and effect if transferred or assigned to any other such person.

10. Permit Amendments

a. The provisions of this Permit may be amended upon reasonable notice by the Assistant Administrator.

11. Permit Fee

a. Section 216.31(d) (8) of the Regulations provides for a reasonable fee to be charged to cover the costs of issuance of this Permit. The fee for this Permit is s J,.oo,oo.

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MEMORANDUM FOR:

FROM:

SUBJECT:

UNITED STATES DEPARTMENT OF COMMERCE National Oceanic end Atmospheric Administration NATIONAL MARINE FISH:::=:~::OS .::::==

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Background

Sea World has two applications pending before NMFS for public display permits to import several killer whales from Canada and to retain an adult male imported to Sea World under emergency circumstances (see below). The killer whales proposed for import are presently at Sealand of the Pacific, Victoria, British Columbia, Canada (two adult females and two calves) and Marineland of canada, Inc., Niagara Falls, Ontario, Canada (a single juvenile male killer whale). On January 3, 1992, Sea World submitted an urgent request, supported by the Canadian government, for an emergency authorization to import a male adult killer whale from Canada. On January 8, 1992, NMFS authorized-the emergency import under a prov1.s1.on of the Marine Mammal Protection Act which allows the import of marine mammals for the purpose of medical treatment otherwise unavailable. On January 9, 1992, Sea World imported the killer whale named "Tillikum," from Canada. Sea World's continued holding of Tillikum is dependent upon NMFS review and decision concerning the public display permit applications. During the period in which this event unfolded, NMFS received a number of comments and recommendations from various animal welfare groups and the public. These comments were extensive, substantive, and, for the most part, directly concerned the Sealand of the Pacific facility and the killer whales held at that facility that are the subject of one of the Sea World applications.

In November 1991, NMFS conducted a public meeting as a forum for public, animal welfare group, and public display industry comment on the subject of killer whales, captivity, capture, etc. This public meeting resulted in a summary administrative record on these general issues. While this public meeting served the very useful purpose of gathering important general comment and background information for NMFS' consideration, it didjdoesjwill not substitute for any hearing determined necessary for any particular permit application. These Sea World applications are for the import of specifically identified killer whales presently being held in two different Canadian facilities. Consequently, the November 1991 killer whale public meeting has no direct relevance to my recommendation on whether a hearing is necessary or appropriate on these particular applications.

Concurrence

In general, the issue of Sea World holding killer whales in captivity is controversial. And a decision not to hold a hearing on one or both of the Sea World applications will, as a result,

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also be controversial. Consequently, I request your concurrence with my recommendation not to hold a hearing on either Sea World application to import killer whales presently held in Canadian facilities.

I disagree Let's discuss

Ms. Ann D. Terbush Chief, Permits Division Office of Protected Resources

and Habitat Programs

February 5, 1993

Brad Andrews Vice President Zoological Operations

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. National Marine Fisheries Service 1335 East West Highway, Room 7324 Silver Spring, Maryland 20910 ' ~ . ,.

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Dear Ms. Terbush:

Enc 1 osed is an updated Inventory Report reflecting the recent addition of the killer whales from Sealand of the Pacific to Sea World.

The means used to determine the health of the killer whales prior to the import were precisely as described in our November 7, 1991 permit application and in supplemental correspondence dated December 30, 1991; February 14, 1992; November 6, 1992; and December 22, 1992. This information is incorporated by reference into this report.

Also enclosed, pursuant to Special condition B.3.a. of Permit No. 774, is a summary report of the health of the killer whales.

Sea World, Inc. 7007 Sea World Drive Orlando, FL 32821-8097 (407) 363-2661 FAX (407) 345-5397

11J1 Busch Entertainment li11!IJ Corporation

ONE OF THE ANHEUSER BUSCH COMPANIES

Sincerely,

~~ Brad Andrews Vice President Zoological Operations

MEMORANDUM

TO: Brad Andrews

FROM: Jim McBain D.V.M.

DATE: February S, 1993

SUBJECT: 30-Day Summary Report

The three killer whales transported to Sea World parks from Sealand of the Pacific in Victoria, canada, are monitored and examined daily by the curatorial and veterinary staffs. Routine laboratory tests are performed when indicated. It is my opinion that all three animals are doing well.

Nootka was re-introduced to Tilikum, the adult male from Sealand, shortly after her arrival at Sea world of Florida. She has had visual contact with the other killer whales at Sea World of Florida but has not yet had physical contact.

The weanling male calf born December 24, 1991 and his mother Haida have been physically isolated from the other killer whales at sea World of Texas since there arrival; however, they have had visual contact. As you would expect of a young growing animal, his food intake has continued to increase.

JM:kg

OMB NO. 0648-0084, EXP 7(31/94 SN: ASN: LEX: SP: ANREP: FNUM:

FOR NMFS USE ONLY MARINE MAMMAL COLLECTION/INVENTORY REPORT

TYPE OF REPORT:_ Inventory Adjustment NAME or ANIMAL HOLDER: Sea World, Inc. DATEOFREPORT: 1-25-93

srr:CIES SCIEN11RC NAME: Orcin us orca COMMON NAME: Killer Whale

s EST DA1E LOCATION OFT AKE AN!l'vlAL NAMF/ E BIRTH AUTIIOR TAKEN OR TAKE PLACE NAME AND COLLECTOR CURR DEATII OR DISPOSmON IDENTIFICATION X YEAR DOCUMENT ACQUIRED TYPE LATITUDE-LONGITUDE OR SOURCE STAT DATE EXPLANATION SWT-Oo-9376 F 774 01/08/93 Ex. Transferred from N/"A G-N

Sealand of the Pacifi~ _Vicoria Canada

SWT-Oo-9377 M 774 01/08/93 Ex Tran!=;f~rrPil fr()m l\T I 71 lr,-N Sealand of the Pacific, Victoria Canada

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(CB 12/24/91)

SWF-Oo-9301 F 774 01/08/9 Ex Transferred from N/A r,-N Sealand of the Pacific. Victori; Canada

NECRP FILED NMFS

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September 16, 1994

Ms. Ann D. Terbush, Chief Permits and Documentation Division National Marine Fisheries Service 1315 East-West Highway SSMC IV Silver Spring, Maryland 20910

Dear Ms. Terbush:

:~V: ~ .. \ , ....


SEP 2 I l99L1.

This letter is to inform you that an adult female killer whale at Sea World of Florida (SWF-Oo-9301} died on September 13, 1994. Although tests results are not yet final, it is possible that the death may be related to the delivery of a stillborn calf by this killer whale on August 18, 1994.

Once the actual cause of the whale's death has been determined, we will forward that information to you.

Sincerely,


BA/cls


Busch Entertainment Corporation ONE OF THE ANHEUSER BUSCH COMPANIES

~ . ~Sea WOrld October 13, 1994

Ms. Ann D. Terbush, Chief Permits and Documentation Division National Marine Fisheries Service 1315 East-West Highway SSMC IV Silver Spring, Maryland 20910

Dear Ms. Terbush:

.; ... _.._.


In light of the recent amendments to the Marine Mammal Protection Act, Sea World is not required to submit copies of necropsy reports to the National Marine Fisheries Service { "NMFS") Nonetheless, as a courtesy to NMFS, we are enclosing a copy of the necropsy report for the adult killer whale at Sea World of Florida (SWF-Oo-9301) which died on September 13, 1994.

Sincerely,


jas Enclosure

cc: Dr. Barbara A. Kahn USDA/APHIS

Sea World, Inc. 7007 Sea World Drive Orlando, FL 32821-8097 (407) 363-2661 FAX ( 407) 345-5397

1\91 Busch Entertainment ~ Corporation

ONE Of TH ANiEUSER BUSCH COMPANIES

MARiNE MAMMAL COLLECflON/lNYENTORY REPORT

TYPE OF REPORT: INVENTORY UPDATE

DATE OF REPORT: __ .!.;;_ 0:..:../..;::.1.:.:3/~9...;4 ____________ ..,.... NAME OF ANIMAL HOLDER: Sea World, Inc. ' ..

SPECIES SCIENTIFIC NAME:._..:O;.:;r..::c.::.in:.:.u;::.;s~o:..:r:..:c.;;;a ______ _ COMMON NAME: Killer Whale

. s EST DATE LOCATION OF TAKE . NECRP ANIMAL NAMFJ E BIR1H AOTHOR TAKEN OR TAKE PLACE NAME AND COLLECTOR CURR DEATH OR DISPOSITION FILED IDENTIFICATION X YEAR DOCUMENT ACQUIRED TYPE LATITUDE-LONGITUDE OR SOURCE STAT DATE EXPLANATION NMFS SWF-Oo-9301 F 1!774 01/08/93 LM Transferred from N/A D-N 09/13/94 Yes

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Sealand of the Bacterial septicemia Pacific, Victoria, Canada

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Sea World of Florida GROSS NECROPSY REPORT

FJ~CILITY: Sea World of Florida PROSECTOR: Drs. Terry W. Campbell. Mike Walsh, Deke Buesse, Dan Hawkins. Allister Webb

Gl~NUS /SPECIES : orcinus orca

II> NUMBER: SWF 009301 AGE: > 14 yrs SEX: _F_

Dl~TE OF DEATH: 9/13/94 DATE OF NECROPSY: 9/13/94

El~TERNAL MORPHOMETRieS: (Metric Only) WI~IGHT: 2730Kg TOTAL LENGTH: 541 em

HISTORY

This adult female Killer whale delivered a stillborn calf on 8/18/94. There was no gross pathology noted in the calf. Following parturition the mother

le~st a large amount of blood, however the vaginal hemorrhage stopped quickly. She remained clinically normal until two days before her death when she began ac:ting lethargic. Laboratory test results were suggestive of a septicemia. The animal was immediately treated with systemic antibiotics. The following day, she began to vomit and later she prolapsed her vagina and cervix. Her condition began to deteriorate in spite of therapy. During an attempt to re!duce the prolapse, it was determined that her urinary bladder was trapped in the prolapsed tissue. The animal died during the attempt to reduce the prolapse.

-. . -.-; .,. ;--.

I.D. NO. SWF 00 9301

Code: in parenthesis, to follow samples taken when necessary c = culture; V = virology; M = metals; P = pesticides; E = electron microscope samples

GENERAL EXTERNAL APPEARANCE: (oral cavity, external nares, skin, eyes) Large prolapsed mass protruding from urogenital slit, see under reproductive tract.

SUBDERMAL CONDITION: (blubber, muscles, lymph nodes) NSGL (no significant gross lesions]. Blubber thickness: mid-dorsal= 8 em, mid-lateral = 5.5 em, mid-ventral = 5 em.

CRANIAL EXAM: (ears, melon, pterygoid sinus) NSGL

CENTRAL NERVOUS SYSTEM: (brain, pituitary, spinal cord) NSGL

THORACIC CAVITY: (pleura) NSGL, no fluid was found, thyroid gland appeared normal.

UPPER RESPIRATORY SYSTEM: (nasal sacs, nares, larynx) NSGL, Histology indicated a diffuse tracheitis.

LOWER RESPIRATORY SYSTEM: (trachea, bronchi, lungs, lymph nodes} Lungs appeared diffusely congested, the ventral pleura of the cranial 1/3 of the left lung appeared edematous and contained a clear, straw colored fluid. the pleural lymph nodes appeared enlarged and pale. Histology: acute, severe, necroti~i~q,-fibrinohemorrhagi~ pneumonia. Cultures: Pseudomonas aeruginosa

CARDIOVASCULAR SYSTEM: (heart, aorta, major vessels) NSGL, normal amount of fat in the coronary groove of the heart. Heart weight was 7.3 Kg.

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Pac;;re 3 I.D. NO. SWF 00 9301 ABDOMINAL CAVITY: {lymph nodes)

ThE~ abdominal lymph nodes were tremendously enlarged, especially the mesenteric nodes. The largest nodes were cystic and contained a foul smelling

grE~enish fluid. Histology of lymph nodes indicated moderate hyperplasia with erythrophagocytosis. Cultures revealed Pseudomonas aeruginosa. DIC;ESTIVE SYSTEM: (esophagus, stomach, intestine, cecum, rectum, lymph nodes)

ThE~ stomach was grossly distended with fluid that. filled all compartments. ThE~re was approximately two pounds of partially digested fish in the first compartment. The mucosa of the duodenal ampula contained ecchymosis throughout. The majority of the intestinal serosa also contained diffuse ecc::hymosis. The intestinal mucosa appeared normal, however the intestinal content was more formed than normal. The lymph nodes along the intestinal tract were enlarged. Histology revealed acute, diffuse congestion involving muc::osa of stomach compartments and intestine. Culture revealed Pseudomonas aeruginosa. LI,7ER: (biliary system) NSGL, l,iver weight was 59.4. Kg. Histology revealed mild, muitifocal

l~nphoplasmacytic hepatitis. Cultures revealed Pseudomonas aeruginosa. PAl~CREAS: Nsc:;L, Histology revealed acute congestion. SPLEEN: NSGL, the spleen contained a number of serosal scars. Th1e spleen weighed 1. 0 Kg. Histology revealed acute congestion. RE:PRODUCTIVE SYSTEM: {testicles, ovaries) Th,e cervix and vagina had prolapsed through the genital slit. The urinary bladder and uterus were behind the prolapsed vagina and were. partially outside the body cavity. The gross appearance of the reproductive tract following reduction of the prolapse was normal. The uterus appeared normal for a postparturient animal. The right horn was the pregnant horn and the right ovary contained a large corpus luteum. Uterine cultures revealed Pseudomonas aeruginosa. URINARY SYSTEM: (kidneys, ureter, bladder, urethra) The urinary bladder was prolapsed with the cervix and vagina. The urinary bladder was distended with urine, the ureters were markedly dilated, the right kidney had two cystic areas, one 3 x 3.5 em area on the lateral caudal surface and one 3 x 6 em multilobulated area on the mid-lateral area. The left kidney weighed 7.3 Kg and the right kidney weighed 8.3 Kg. Histology of the kidney revealed acute congestion. Cultures revealed Pseudomonas ae.ruginosa. ADIRENAL GL~S: NSGL, adrenal weight combined was 0.7 Kg. Histology revealed acute, moderate co,ngestion. SKELETAL SYSTEM: NS:GL

P~BASITE SUMMARY: No parasites seen.

S'E1ECIAL TESTS: 1. Histology of necropsy tissues. 2. Bacterial cultures of urine (x2], uterus(right endometrium], liver,

mesenteric lymph nodes (x2], lung (x2], intestine, left mammary gland. 3. Virus isolation (spleen, lymph nodes, liver, lung] 4. Immunologic panel

I.D. NO. SWF 00 9301

GROSS SUMMARY:

1. Generalized lymphadenopathy 2. Diffuse intestinal serosal hemorrhages 3. cranial gastrointestinal stasis (paralytic ileus] 4. Lungs - edematous, possible anterior, ventral pneumonia. 5. Prolapsed cervix, vagina, urinary bladder, and uterus.

TENTATIVE DIAGNOSIS:

Bacterial septicemia.The generalized l)rmphadenopathy may have resulted from the septicemia. The enlarged lymph nodes may have beena result of a previous disorder. Pseudomonas aeruqinosa was isolated from the lung [x2], kidney, mesenteric lymph nodes [x2], liver, uterus, and intestine. A blood culture taken 24 hours prior to death was also positive for Pseudomonas aeruginosa. The origin of the systemic infection may have been an acute, Pseudomonas aeruginosa pneumonia.

CONCLUSIONS: {after histology & clinical pathology review) Histopathologic findings combined with bacteriologic cultures of Pseudomonas aeruginosa from postmortem samples of lung indicate fulminant Pseudomonas aeruginosa pneumonia. Cultures of Pseudomonas aeruginosa from the blood collected antemortem and from other organs collected postmortem indicate Pseudomonas septicemia. The hemorrhage and erythrophagocytosis in various sites are probably secondary to the bacteremia.

DATE: 10/3/94

-;e:; tJ. ~4 /rJIY) SIGNED: Terry W. Campbell, DVM, PhD

Sea World of Florida 7007 Sea World Drive Orlando, FL 32821

,,

Mr. Brad Andrews Vice President Zoological Operations 7007 Sea World Drive Orlando, Florida 32821-8097

Dear Mr. Andrews:

UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and AtiT'ID&pheric AdiT'Iinistration NATIONAL MARINE FISHERIES SERVICE Silver Spring, Maryland 2081 0

DEC I 6 1992

Thank you for your recent letter notifying the National Marine Fisheries Service (NMFS) of your intent to import the killer whales from Sealand of the Pacific authorized under Permit No. 744. Some additional information is needed before we can approve your plan for importation.

Special Conditions B.l.b. and B.l.c. of your permit require that:

+ B.l.b. Prior to the importation, the Permit Holder must determine, to the extent practicable, that lactation/nursing has ceased and the killer whale calf to be imported has been weaned.

+ B.l.c. At least 30 days prior to importation, the Permit Holder must submit a detailed importation plan in writing to the Director, Office of Protected Resources. This plan must address: the plans and facilities for transport and maintenance of the requested animals; include the Permit Holder's determination in accordance with paragraph l.b.; state that the killer whales to be imported have been determined by the Permit Holder to be ready for importation/transport and describe the manner in which this determination was made by the Permit Holder; and state the point in time or action upon which the Permit Holder will assume sole responsibility for the care and maintenance of the killer whales to be imported. Following the Director's review and approval of this plan the Permit Holder may proceed with final importation arrangements; specific dates and times of import shall be provided in accordance with notification condition 2.a.

We do not agree that it is premature to make determinations thirty days in advance of the proposed importation/transport regarding whether the killer whale calf has been weaned and whether each of the killer whales is ready for importation/transport, although we do agree that their readiness for importation/transport should be reassessed as close to transport as possible. Such determinations thirty days in

2

advance are possible and are necessary for us to evaluate the proposed importation plan prior to authorizing the import activities. In this regard, your letter mentioned data available "comparing observed food consumption and absence of nursing of the calf with similar behavior of the six other killer whales that have been successfully weaned at Sea World parks." To the extent this data demonstrates the readiness of the killer whale calf for import/transport or that the calf has been weaned, it would be helpful if you would supply data on this calf specifically to include:

1. Food consumption - date of initiation of solid food - amount of kcaljday at initiation

of solid food, mid-weaning, and currently (i.e. last 30 days).

2. Frequency of nursing activity - at time of initial solid food

introduction, mid-weaning, and currently (i.e. last 30 days).

3. Behavioral training sessions preparing for transport process

- handling history - stretcher training - medical procedure training

We would also appreciate similar data on the other six calves for comparison.

After receiving the requested information, a decision can be made on your request. If you have any questions regarding this request, please contact Ann Terbush or Art Jeffers on 301/713-2289.

Sincerely,

iWJJ~-~ Michael F. Tillman, Ph.D. Acting Director Office of Protected Resources

.

~.Sea Wlrld VIA FAX


December 22, 1992

Dr. Michael F. Tillman Acting Director Office of Protected Resources National Marine Fisheries Service 1335 East-West Highway, Room 8268 Silver Spring, Maryland 20910

Re: Permit No. 774

Dear Dr. Tillman:

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In a letter dated November 6, 1992 we provided the Service with notification of our intent to transport the killer whales from Sealand of the Pacific between December 24, 1992 and January 31, 1993, along with details describing our import plan. We feel we have provided all the necessary information.

Permit No. 774 requests a final determination at least thirty days in advance of the transport that each ani rna 1 is fit for transport. In our importation plan submitted November 6, 1992, we stated the ani rna 1 s were in good he a 1 th and apparent 1 y fit for transport. This determination was made by the Sea World and Sealand veterinarians. The animals remain in apparent good health. However, Sea World's importation plan reflected our best veterinary judgment that a final determination thirty or more days prior to transport does not necessarily mean the anima 1 will be fit for transport thirty or more days later. Therefore, our importation p 1 an stated it was premature to make a fi na 1 determination and provided that such an assessment would be made nearer the time of transport.


Ml Busch Entertainment MJ Corporation

ONE OF THE ANHEUSERBUSCH COMPANIES

Dr. Michael F. Tillman December 22, 1992 Page 2

Based on your December 16 letter, NMFS apparently disagrees with our position as to when a final determination regarding fitness for transport should be made. In light of your position, we will again certify that, as of the date of our November 6, 1992 letter, each of the animals was fit for transport. Each animal remains fit for transport today. A copy of Dr. Jim McBain's certification is attached. We will also continually monitor the condition of the animals and will, immediately prior to transport, undertake an addition a 1 assessment of each anima 1 's fitness for transport to ensure that nothing has changed from the date of this letter. We would, of course, not put the health of these animals at risk.

Your December 16 letter also calls for a determination that lactation/nursing has ceased. In our November 6, 1992 letter, we were unable to make the determination that lactation/nursing had ceased and the calf was completely weaned. Our importation plan stated Sea World would provide the Service with this determination at a later date by a comparison of food consumption and absence of nursing behavior with that of other killer whales which have been successfully weaned.

The Marine Mammal Protection Act ("MMPA") has no requirement for a thirty day pretransport notification regarding either nursing or fitness for transport. With respect to nursing animals, the Act states it is unlawful to import a marine mammal that was "nursing at the time of taking." 16 U.S.C. 1372 (b) (2). As you know, this provision was included in the MMPA to prevent the separation of a mother and nursing calf. The Sealand calf and mother will not be separated during transport, or after transport for a significant period, if at all.

Assuming the importation of a captive-born marine mammal is a taking under the MMPA, an interpretation of the MMPA with which Sea World disagrees, Sea World believes it is complying with the MMPA by providing this determination "at the time of taking," not thirty days before. Neverthe 1 ess, we can and do now make the deter-mination that lactation/nursing has ceased. That determination is also contained in Dr. McBain's attached certification. However, Sea World's actions should not be construed as an admission that the term "take" includes the transport of marine mammals already in captivity.

Dr. Michael F. Tillman December 22, 1992 Page 3

Your December 16 letter also states the two preceding determinations "are necessary for [NMFS] to evaluate the proposed importation p 1 an ... " We do not understand what these determinations have to do with evaluating the remainder of the importation plan. The remainder of the plan relates to: (1) the plans and facilities for transport and maintenance of the animals, and (2) the point in time at which Sea World will assume sole responsibility for the care and maintenance of the killer whales. The facilities, procedures and personnel associated with the transport are not related to the two medical determinations since neither Sea World nor NMFS would consider transporting an animal not fit for transport. Similarly, the point in time at which Sea World will assume sole responsibility for the care and maintenance of the animals is not related to either determination.

The remaining information which you said would be helpful to you regarding the food consumption, frequency of nursing activity and behavioral training sessions for transport is also attached in a memorandum from Dr. Dan Odell to me.

We believe this letter and the attached information fully respond to your request for additional materials contained in your December 16 letter. However, we have a significant matter of concern which we must share with you.

It is your agency's position that permit holders have a responsibility to provide sufficient information. We also believe your agency has a responsibility to act in a timely manner. As you know, the importation of a animal the size of the killer whale requires advance chartering of aircraft, cranes and associ a ted equipment, all at a significant expense. We believe if the Service requests a plan thirty days in advance, then the Service has a responsibility to act in a timely manner within those thirty days. Sea World's importation plan was dated November 6, 1992 and, according to the time-stamped copy, was received on November 12.

Having not heard from the Service after thirty days, Sea World has initiated the preliminary steps necessary for making the final transportation arrangements. Consequently, we will soon provide you with the ten day not i fi cation of the p 1 an ned departure and arrival times, etc., as required by permit condition B (ii)(a).

Dr. Mi chae 1 F. Ti 11 man December 22, 1992 Page 4

We greatly appreciate your cooperation in this matter.

jas Attachments

Sincerely,

&d_~. ~ Brad Andrews

Vice President Zoological Operations

Dr. Michael F. Tillman Acting Director Office of Protected Resources National Marine Fisheries Service 1335 East-West Highway, Room 8268 Silver Spring, Maryland 2091 0

Dear Dr. Tillman:

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December 22, 1 992

This communication is to certify that on November 6, 1992 and as of this date the three killer whales housed at Sealand of the Pacific in Victoria, B.C. are fit for transport. I plan to continually monitor the health of these animals up to the transport date and will make a final health assessment immediately prior to transport.

The weaning of the calf has progressed much as it did with the Sea World killer whale calves. The calf was consuming more than one half of its caloric intake in the form of solid food by 1 0 months of age. By 11 months of age, nursing had become sporadic with nearly all nutrition in the form of solid food. Between 11 and 11 1/2 months, there was a total of 2 minutes 6 seconds of nursing, which means virtually all caloric needs were being supplied by herring and salmon. For the last 1 0 days there has been no nursing by the calf, its intake of fish is at 24 to 25 pounds per day. The calf's mother has made no attempts to encourage the calf to nurse nor has milk been seen from her during the last 2 weeks. It is clear from this information that the weaning process is complete. The calf's mother is no longer producing milk and the calf is fully weaned.

JMB:dd Sea World of California 1720 South Shores Road San Diego, CA 92109-7995 (619) 222-6363

Ml Busch Entertainment 1M Corporation

ONE Of THE ANHEUSER-BUSCH COMPANIES

Sincerely,

V~# ;&;;,h/4; Jim McBain, D.V.M. Corporate Director Veterinary Medicine

~.OO.W)rld TO: Brad Andrews

FROM: Dan Odell

DATE: December 22, 1992

SUBJECT: Killer Whale Calf Data

Interoffice Correspondence

The following data are in reference to the NMFS' December 16, 1992 letter requesting information regarding food consumption, frequency of nursing activity and behavioral training with respect to the killer whale calf in Victoria, B.C.

Based on a sample of six killer whales which have been successfully weaned at Sea World, the animals were first observed playing with food between 25-79 days of birth (mean=SO days) . The Sealand calf was first observed playing with food at 44 days. The first observed swallowing of food for the six killer whales ranged between 64-104 days (mean=81 days). The Sealand calf was first observed swallowing food at 98 days. Five of six calves successfully weaned at Sea World were observed consistently eating food at between 98-149 days (mean=122 days) The sixth calf (the first one born at Sea World) was not given free access to fish when she started eating the fish not eaten by her mother and, therefore, is not included in the statistical analysis. The Sealand calf was consistently eating food at 102 days. At eleven months of age, five of six calves were not nursing. Here again, the first calf born at Sea World is not included because she was treated differently. She was fully weaned at 18 months of age. At eleven months of age, the Sealand killer whale calf was not nursing. The Sealand killer whale is now almost 12 months of age. The average daily caloric intake for the six calves weaned at Sea World when they were eleven months of age was 22,000 Kcal, with a range of 12, 000-32, 000 Kcal. The average daily caloric intake for the Sealand calf at 11 months of age was 19,000 Kcal.

The range of observed nursing times of the start of weaning was 2-7 minutes per day (mean=4.7 minutes) based on a sample of six killer whales successfully weaned at Sea World. At the start of weaning, the Sealand calf was nursing approximately 4 minutes per day. We do not have daily nursing times at "mid-weaning" since 24 hour observations on calves are terminated at approximately 100 days of age. For purposes of this memo, I have defined the start of weaning as the age at which the calf was first observed swallowing whole fish.

Killer Whale Calf Data December 22, 1992 Page 2

Behavioral training, the handling history, stretcher training, and medical procedure training are all part of desensitization training. For each baby killer whale, we undertake a process of desensitization training to teach the whales, through positive reinforcement, to accept outside stimuli and changes in the environment. This is accomplished by reinforcing and teaching the calf to follow and even mimic the older adult whales. Desensitization training starts by building the animal's confidence and having the animal approach the trainer and allow simple touch or changes in the environment. For example, large objects are introduced and the animal is taught to retrieve them. This is all done as the animal starts to accept solid food. With respect to the Sealand calf, this process was started a few months ago when the calf started eating solid food consistently. These techniques have prepared the calf for handling, medical procedures, and transport.

~!J:.Qldf Daniel K. Odell, Ph.D. Research Biologist

Mr. Brad Andrews Vice President zoological Operations Sea World, Inc. 7007 Sea World Drive Orlando, Florida 32821-8097

Dear Mr. Andrews:

UNITED STATES DEPARTMENT DF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Silver Spring, Maryland 20910

DEC 2 9 1992

Thank you for your reply to our recent letter regarding your intent to import the killer whales from Sealand of the Pacific authorized under Permit No. 774. We have determined that the information provided in your letter and attachments, in combination with the information submitted in your letter dated November 6, 1992, is sufficient to comply with the requirements of special conditions B.1.b. and B.1.c. of Permit No. 774.

As required by Special Condition B.1.c., your importation plan as described in the above referenced correspondence is approved and you may proceed with final importation arrangements. Please be reminded that, in accordance with Special Condition B.2.a. of your permit, you must notify the Director, Southeast Regional Office, National Marine Fisheries Service ten days in advance of the importation.

I regret the delay in responding to your earlier letter, and we, of course, agree that both your and any other permit holder's letters should receive a timely reply. Nevertheless, I must point out that the conditions of your permit require that "Following the Director's review and approval of (your importation] plan the Permit Holder may proceed with final importation arrangements; " This condition of your permit, special condition B.1.c., along with Special Condition B.1.b., was restated in our letter to you of December 16, 1992.

Please do not misunderstand our position regarding when a final determination of fitness for transport should be made. As we stated in our December 16, 1992, letter, our position is that it is not premature to make determinations thirty days in advance of the proposed importation/transport regarding whether the killer whale calf has been weaned and whether each of the killer whales is ready for importation/transport. The necessary determinations

2

and supporting information in this regard were submitted subsequently in your letter of December 22, 1992. As we also stated in our letter of December 16, 1992, we, of course, agree that in the case of any importation or transport, a final determination regarding fitness for transport should be made immediately prior to transport.

If you have any questions regarding these matters, please contact Ann Terbush or Art Jeffers on 301/713-2289.

cc: Barbara Heffernan

Sincerely,

~~-~ Michael F. Tillman, Ph.D. Acting Director Office of Protected Resources

VIA FAX

December 29, 1992

Dr. Andrew J. Kemmerer


. : . ~ ' ~. .

Director, Southeast Region National Marine Fisheries Service 9450 Koger Boulevard St. Petersburg, FL 33702

Dear Dr. Kemmerer:

Pursuant to Special Condition B (2) of Permit 774, Sea World hereby provides ten days notice of its intent to import three killer whales from Sealand of the Pacific to Sea World's facilities.

The transport mode is vi a charter 747-200 aircraft and charter truck. The departure of the aircraft from Victoria, Canada is planned for 8:00p.m. local time on January 7, 1993. Arrival at the port of entry in San Antonio, Texas is estimated at 2:00 a.m. local time on January 8, 1993. The aircraft is expected to depart for Orlando at 4:00 a.m. Arrival in Orlando is estimated at 7:20 a.m. local time.

The names and qualifications of Sea World staff accompanying the animals during the importation are attached.

Sea World, Inc. 7007 Sea World Drive Orlando, FL 32821-8097 C C : (407) 363-2661 FAX (407) 345-5397

rtl, Busch En~ertainment W,: Corporation

Sincerely,

~~~ Brad Andrews Vice President Zoological Operations

Ann D. Terbush, Chief, Permits Division National Marine Fisheries Service

IMPORTATION SUPERVISION: Brad F. Andrews, Vice President/Zoological Operations 20 years experience with marine mammals James F. McBain, D.V.M., Corporate Director of Veterinary Medicine 18 years of experience with marine mammals

James E. Antrim, Vice President/General Curator 19 years experience with marine mammals

Terry Campbell, D.V.M., Staff Veterinarian 4 years of experience with marine mammals

Thomas H. Reidarson, D.V.M., Staff Veterinarian 4 years of experience with marine mammals

Dee H. Cross, Jr., Supervisor/Animal Care 20 years experience with marine mammals

Robert Wagoner, Assistant Curator of Mammals 14 years of experience with marine mammals

Robin Friday, Assistant Curator of Animal Training 12 years of experience with marine mammals

Mark A. Ruther, Supervisor of Mammals 9 years of experience with marine mammals Clinton Thad Lacinak, Jr., VP/Corporate Curator of Animal Training 19 years of experience with marine mammals James J. Clarke, Assistant Curator of Animal Training 16 years of experience with marine mammals Stewart Clark, Supervisor of Training 7 years of experience with marine mammals

Cynthia A. Swanson, Animal Care Specialist I 6 years of experience with marine mammals Roger Loupe, Senior Trainer 4 years of experience with marine mammals

Additional personnel experienced in the care of marine mammals may act under the direct supervision of Brad Andrews and veterinary staff as appropriate.

Documents

Permit 774, Public Display 1991/1992