Special considerations regarding compliance and/or variance.

CFR · 2024-01-01 · US · Title 9

(a) All persons subject to the Animal Welfare Act who maintain or otherwise handle marine mammals in captivity must comply with the provisions of this subpart, except that they may (b) An application for a variance must be made to the Deputy Administrator in writing. The request must include: (1) The species and number of animals involved, (2) A statement from the attending veterinarian concerning the age and health status of the animals involved, and concerning whether the granting of a variance would be detrimental to the marine mammals involved, (3) Each provision of the regulations that is not met, (4) The time period requested for a variance, (5) The specific reasons why a variance is requested, and (6) The estimated cost of coming into compliance, if construction is involved. (c) After receipt of an application for a variance, the Deputy Administrator may require the submission in writing of a report by two experts recommended by the American Association of Zoological Parks and Aquariums and approved by the Deputy Administrator concerning potential adverse impacts on the animals involved or on other matters relating to the effects of the requested variance on the health and well-being of such marine mammals. Such a report will be required only in those cases when the Deputy Administrator determines that such expertise is necessary to determine whether the granting of a variance would cause a situation detrimental to the health and well-being of the marine mammals involv

official document · source cfr-2024 · id 9:§ 3.100