Journal no. 15 of 18 January 2002
ENVIRONMENT MINISTRY - DECREE 469 of 6 December 2001
Regulations on the maintenance in captivity of dolphin specimens belonging to the species Tursiops truncatus, in application of article 17 paragraph 6 of law 93 of 23 March 2001.
THE MINISTER FOR THE ENVIRONMENT AND LAND CONSERVATION
In view of law 93 of 23 March 2001 on “Environmental provisions” and, in particular, article 17 paragraph 6, pursuant to which “by decree of the Environment Minister, to be issued within ninety days of the entry into force of this law, pursuant to article 17 paragraph 3 of law 400 of 23 August 1988, the provisions for the maintenance in captivity of dolphin specimens belonging to the species Tursiops truncatus are hereby set out”;
In view of article 17 paragraph 3 of law 400 of 23 August 1988;
In view of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed in Washington on 3 March 1973, known as the CITES Convention and ratified by law 874 of 19 December 1975;
In view of law 150 of 7 February 1992 on offences relating to the application in Italy of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed in Washington on 3 March 1973 as referred to in law 874 of 19 December 1975, and regulation (EEC) 3626/82, as amended, as well as the rules on the commercialisation and possession of live specimens of mammals and reptiles that may constitute a danger to public health and safety;
In view of Council Regulation (EC) 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade, and Commission Regulation (EC) 939/97 laying down rules concerning the implementation of Council Regulation (EC) No 338/97;
Whereas, in accordance with article 8 paragraph 1 of law 150 of 7
February 1992, the Ministry of the Environment and Land Conservation ensures compliance with the Washington Convention, using the existing structures of the State Forestry Corps;Having heard the opinion of the State Council, expressed by the legislative act advisory section in the meeting of 19 November 2001;
In view of the memo sent to the Prime Minister’s office from the Ministers dated 28 November 2001;
Adopts the following regulation:
Article 1
1. Notwithstanding the provisions of regulation (EC) 338/97, regulation (EC) 939/97, law 150 of 7 February 1992 and law 874 of 19 December 1975, which ratifies the Washington Convention of 3 March 1973 on the International Trade in Endangered Species of Wild Fauna and Flora, for the purposes of keeping specimens belonging to the species Tursiops truncatus captive, the provisions contained in the annex, which constitute an integral part of this decree, must be observed.
Note:
The text of the notes published here has been drafted by the appropriate administration, pursuant to article 10 paragraph 3 of the amalgamated law of provisions on the promulgation of laws, the issuing of decrees by the President of the Republic and the official publications of the Italian Republic, approved with presidential decree 1092 of 28 December 1985, with the sole aim of facilitating the comprehension of the legal provisions, which shall be deferred to. The value and validity of the laws transcribed here remain unchanged.
- Following EEC directives, details of publication in the Official Journal of the European Communities (OJEC) are provided.
Notes to the preamble:
- Article 17 paragraph 6 of law 93 of 23 March 2001 on “Environmental provisions” published in Official Journal no. 79 of 4 April 2001 is as follows:
“6. By decree of the Environment Minister, to be issued within ninety days of the entry into force of this law, pursuant to article 17 paragraph 3 of law 400 of 23 August 1988, the provisions for the maintenance in captivity of dolphin specimens belonging to the species Tursiops truncatus are hereby set out.”.
- Article 17 paragraph 3 of law 400 of 23 August 1988 on “Government activity and regulations of the Prime Minister’s office”, published in Official Journal no. 214 of 12 September 1988 ordinary supplement, is as follows:
“3. Regulations on issues within the jurisdiction of the Minister or of Authorities subordinate to the Minister, when the law expressly confers such powers, may be adopted by ministerial decree. Such regulations, in areas that fall within the competence of several Ministers, may be adopted with interministerial decrees, notwithstanding the need for appropriate authorization by law. Ministerial and interministerial regulations may not establish rules that conflict with rules issued by the Government. The Prime Minister must be notified of them before they are issued.”.
- Law 874 of 19 December 1975 on the ratification and execution of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed in Washington on 3 March 1973, is published in the ordinary supplement to Official Journal no. 49 of 24 February 1976.
- Law 150 of 7 February 1992 on “Offences relating to the application in Italy of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed in Washington on 3 March 1973 as referred to in law 874 of 19 December 1975, and regulation (EEC) 3626/82, as amended, as well as the rules on the trading and possession of live specimens of mammals and reptiles that may constitute a danger to public health and safety”, is published in Official Journal no. 44 of 22 February 1992.
- Council Regulation (EEC) 3626/82 regarding the implementation in the Community of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, is published in the Official Journal of the European Communities (OJEC) L299 of 22 October 1987.
- Council Regulation (EC) 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade, is published in the Official Journal of the European Communities (OJEC) L61 of 3 March 1997.
- Commission Regulation (EC) 939/97 of 26 May 1997 laying down rules concerning the implementation of Council Regulation (EC) 338/97 on the protection of species of wild fauna and flora by regulating trade, is published in the Official Journal of the European Communities (OJEC) L140 of 30 May 1997.
- Article 8 of the aforementioned law 150 of 7 February 1992 is as follows:
“Article 8 - 1. In accordance with the provisions of article 1 paragraphs 4 & 5 and of article 8 paragraph 4 of law 349 of 8 July 1986, the Environment Ministry shall ensure compliance with the aforementioned Washington Convention of 3 March 1973, as referred to in law 874 of 19 December 1975, and may make use of the existing structures of the State Forestry Corps.
2. By means of its own decrees, issued in conjunction with the Finance Minister, the Overseas Trade Minister and the Agriculture and Forestry Minister, the Environment Minister sets out the rules relating to customs controls for the execution of this law and the procedures for compliance with the aforementioned Washington Convention of 3 March 1973, as referred to in law 874 of 19 December 1975.”.
Notes to article 1:
- Regulation (EC) 338/97 is reproduced in the notes to the preamble.
- Regulation (EC) 939/97 is reproduced in the notes to the preamble.
- Law 150 of 7 February 1992 is reproduced in the notes to the preamble.
- Law 874 of 19 December 1975 is reproduced in the notes to the preamble.
Article 2.
1. The CITES management authorities at the Department of Nature Conservation of the Ministry for the Environment and Land Conservation, having heard the opinion of the CITES Scientific Authority, shall check, by means of the State Forestry Corps and on the basis of the checks provided for in law 150 of 7 February 1992, as amended, that the installations for maintenance in captivity comply with the provisions of article 1.
This decree, which bears the State seal, shall be included in the Official Compilation of Legislative Acts of the Italian Republic. All relevant parties are obliged to comply and ensure compliance with it.
Rome, 6 December 2001
Minister: Matteoli
Seen, the Chancellor: Castelli
Registered at the Court of Auditors on 3 January 2002
The legal authentication office for the Infrastructure and Land Management Ministries, book 1 sheet 1.
Notes to article 2:
- Law 150 of 7 February 1992 is reproduced in the notes to the preamble.
Annex
CRITERIA FOR KEEPING DOLPHIN SPECIMENS BELONGING TO THE SPECIES TURSIOPS TRUNCATUS IN CAPTIVITY
A. Conditions for keeping dolphin specimens belonging to the species Tursiops truncatus in captivity
Specimens belonging to the species Tursiops truncatus may only be kept if the educational, research and reproduction programmes detailed in paragraphs 1, 2 and 3 below are guaranteed.
1. Education:
a) having staff with valid and documented experience in biology, eco‑ethology, conservation and keeping cetaceans in captivity;
b) having an extensive educational programme for visitors and school groups of all ages based on the understanding of biology, eco‑ethology and the conservation of cetaceans in the wild, that is intended to encourage future interest in cetaceans. In particular, programmes must be designed specifically for school groups. The programmes must include at least some of the following elements: audio/visual support, interactive displays, figurative displays, guided tours, teaching programmes that can be developed outside the unit, and anything else necessary;
c) having at least one full‑time employee in charge of education (with a degree in the field of natural sciences/biology) with experience in the biology of cetaceans, in charge of maintaining and developing the educational role of the dolphinarium;
d) making available to the visiting public a scientifically accurate booklet on the biology and eco‑ethology of the cetaceans and on their state of conservation in the sea;
e) if demonstrations are ever staged, they must be predominantly based on the natural behaviour of the animal. Comments must be about the biology of the species and teach the public how to observe the behaviour of the specimens;
f) preparing all booklets, the texts of the demonstrations and the educational material with the full cooperation of the person in charge of education;
g) having tanks with a porthole or closed‑circuit television for underwater vision; where possible, the vocalizations produced by the dolphins underwater must be made accessible to visitors.
2. Research:
a) having an extensive programme of research into cetaceans that provides a significant contribution to the general understanding of them and to the management of natural populations;
b) ensuring the most complete possible use of each biological sample and sample of post‑mortem material by means of partnerships between the vets employed and recognized scientific institutions.
3. Reproduction:
a) participating in an international stud book and a reproduction programme;
b) making routine collections of data regarding the behaviour of all of the animals before, during and after reproduction (the analysis of this data, along with information on keeping, must be made available on request to the CITES Scientific Authority);
c) contributing to the knowledge of the physiology, reproduction, anatomy and the study of the genetics of cetaceans. Cooperating with other units in the exchange of other information and experiences, in order to standardize operating methods as far as possible.
B. Minimum requirements for the maintenance in captivity of dolphin specimens belonging to the species Tursiops truncatus
I. Structures, spaces, activity, social groups.
1. The tanks must be used for the Tursiops and nothing else.
2. The tanks must be made of non‑toxic, non‑porous, water‑tight materials with a hard‑wearing finish to enable proper cleaning and disinfection; they must also be designed to minimise the transmission within the tank of outside sounds and echoes produced within the tank by the animals themselves.
3. In order to provide sufficient space, both horizontal and vertical, so as to allow the animals to develop motor activities, to protect them from unwanted dominance or conflicts and to meet any other needs they may have, the dimensions of the tanks must be at least those set out in this section.
4. The minimum surface area of the tank must not be less than 400 m2 for groups of up to five specimens; there must be a main section not smaller than 275 m2 connected to a secondary section not smaller than 125 m2; a further 100 m2 shall be required for each additional specimen; the group must have access at all times to at least the minimum surface area indicated, unless otherwise indicated by the vet or the carer responsible.
5. At no point shall the minimum horizontal dimension of the tank be less than the 7-metre diameter of the largest circle that can be drawn in the tank.
6. The depth of the water in the tank must never be below 3.5 metres and must have a minimum depth of 4.5 metres in at least half of the total surface area of the tank.
7. The minimum volume of water in the entire tank, for groups of up to five specimens, must not be less than 1600 m3; a further 400 m3 shall be required for each additional specimen.
8. The tank must be designed to provide an environment that is safe and free of obstacles that could cause damage to the specimens and fitted out to provide a stimulating environment that assists and encourages a normal behavioural repertoire in the specimens.
9. To facilitate handling and care procedures, all units must have tanks for medico-veterinary treatment of the specimens. These tanks may be smaller than the minimum dimensions provided for and must be physically isolated from the tanks used for keeping, to prevent the transmission of pathogens; furthermore, these tanks must have a separate water filtering device.
10. Any scientific research projects that require temporary variations to the unit and the way the specimens are kept must be submitted to the CITES Management Authority, which requires, for this purpose, an opinion from the CITES Scientific Authority.
11. The specimens may only be isolated in secondary sections of the tank for brief periods, unless these is a specific medico‑veterinary prescription.
12. The free space above covered tanks must be at least 7 metres, while the space above tanks used for medico‑veterinary treatment may be limited to 2.5 metres.
13. Compatible specimens must not be kept apart, with the exception of those kept in temporary isolation on medico‑veterinary advice (an assessment of compatibility may be effected on the basis of objective measurements of the specimens’ behaviour). Specimens that are not compatible must not be kept in the same tank. No specimens shall be kept alone, unless for health reasons.
14. The CITES Management Authority, having heard the opinion of the CITES Scientific Authority, may, exceptionally and under specific conditions, authorise the temporary admission of cetacean specimens of different species, provided they are compatible.
II. Accommodation, comfort and welfare.
15. Indoor accommodation (closed, covered) must have adequate fresh‑air ventilation to ensure good air quality. The air must be characterised by a low and harmless level of suspended particles (dust), a relative humidity of between 55 and 65% and an optimal ambient temperature of 15‑24°C.
16. Measurements must be taken to ensure that in the vicinity of the tank there are no discharges of chlorine or any other gases resulting from the chemical treatment of the water or deriving from other sources that could be prejudicial to the health of the specimens.
17. Lighting must be suitable for routine checks of the state of health, hygiene and cleaning procedures. If artificial light is used, its spectrum must be as close as possible to the spectrum of sunlight and, in any case, must ensure periods of light and darkness that coincide with the seasonal variations in the place where the dolphins are kept; artificial light must be of an intensity that does not cause any discomfort or suffering to the specimens. Dolphins in open‑air tanks must in all cases have a shady area. These must in all cases be predominantly in the shallower areas.
18. The dolphins shall preferably be kept in open‑air accommodation, provided that fluctuations in air temperature are unlikely to cause the specimens health or hygiene problems. In any case, sudden changes in the water temperature must be avoided.
19. The tanks must not contain water that could be prejudicial to the health of the dolphins in them; the water must be transparent, colourless and odour‑less.
20. The coliform‑bacteria content of the tank must not exceed 500 colonies per 1000 ml of water; this test must be carried out at least every seven days. The presence of funguses and pathogens and the quantity of nitrogen compounds must at all times be kept under control and at a level that does not constitute a health hazard to the dolphins.
21. All residues (left‑over food, faeces, dirt, algae, funguses, etc.) must be removed from the tank using water treatment equipment and filters, to prevent contamination and infection; the filters in turn must be cleaned with sufficient frequency to guarantee the quality of the water; suitable layouts must be provided for to enable these residues to be removed.
22. All tanks must be designed to ensure that there are no areas with inadequate water circulation; the tanks must be inspected before use, and each year it must be checked that there is a full circulation of water through all of the areas; any problems must be resolved immediately.
23. All tanks must be designed to allow them to be emptied quickly.
The structures adjacent to the tank must be constructed in a way that facilitates proper cleaning, disinfection and emptying of the tank itself and must be structured in a way that prevents the water used for this activity to enter or re‑enter the tanks; waste water or run‑off from the ground/roof must be kept separate from the tanks. Tanks intended for medico‑veterinary treatment must be designed to enable them to be emptied in fifteen minutes.
24. Precautions must be taken to ensure that foreign objects do not enter the tanks; the tanks must be checked at least twice a day.
25. The water in the tanks must meet the following requirements:
a) the temperature must be kept between 10 and 28°C;
b) the pH must be kept between 7.4 and 8.5 (optimum level 7.8);
c) salinity must be kept within the normal values for sea water and, in particular, between 15 and 36 grams for sodium chloride (NaCl).
26. The temperature, pH, salinity, oxidants and their by-products, and free and combined chlorine of the water must be checked at least three times a day and preferably monitored continuously; in any case, analytical results must be recorded and made available for inspection at all times. Any deviation of the parameters beyond the permitted limits must be promptly rectified. In order to maintain suitable conditions of hygiene, the total circulation time of the water in the tanks must not exceed five hours. The water used for the tanks must be kept separate from waste water and run‑off from the ground/roof. If sea water is used, emergency procedures must be put in place to deal with unexpected contamination.
III. Fittings within the tank, prevention of stress and/or damage to Tursiops, construction and maintenance of tanks, handling and training.
27. No objects, furniture, apparatus, decoration, plants or anything else that could damage or interfere with the wellbeing of the dolphins or the efficient maintenance of the unit may be kept or be put in the tanks and/or in their immediate vicinity.
28. The dolphin tanks must be kept in good condition; particular attention must be paid during construction and maintenance work to ensure that the animals are not exposed to excessive noise and that no foreign bodies and/or other materials fall into the tanks or are left unattended in the immediate vicinity of the tanks themselves.
29. Stores of water, power, fuel and food must be suitable and sufficient to maintain the conditions required to ensure the wellbeing of the dolphins in all circumstances. Furthermore, alternative supplies must be quickly available in the event of an emergency.
30. Alternative accommodation must be prepared in advance to which the animals can be transferred in the event of the installations malfunctioning. This accommodation must be approved by the CITES Management Authority and all transfers must, if possible, be notified in advance to this authority. In the event of an emergency, notice must be served, with suitable justification, within the 24 hours following the transfer.
31. The units must also make prior provisions to deal with all foreseeable problems, including trade‑union disputes and financial difficulties that could jeopardise the wellbeing of the dolphins.
32. The dolphins must be handled as infrequently, quickly and carefully as possible, and only by experts, in order to prevent any unnecessary discomfort, overheating, behavioural stress or physical injuries being caused.
33. The dolphins must be trained to cooperate with handling and normal medico‑veterinary procedures. During such procedures, conditioning methods that are hazardous or damaging to the psycho‑physical equilibrium of the specimens must be avoided.
34. The dolphins may only be removed from the water when absolutely necessary and then only in the presence of the vet or the carer responsible.
35. Demonstrations must be varied and carried out using different combinations of specimens for different demonstrations; the entire group of specimens must be guaranteed one day a week without any demonstrations.
In any case, in view of the needs of the species, they must always be guaranteed a level of interaction with the staff in order to ensure they always have the opportunity to play and exercise throughout the year. Training may only be carried out under the supervision of expert trainers.
36. The dolphins must be protected from excessive noise, including noises created by irregular pulses; the noise level must be kept as low as possible so as not to constitute a danger to the health and wellbeing of the dolphins.
37. Swimming with the dolphins is prohibited, with the exception of the trainer. The vet, biologist and carer are permitted to get into the water with the dolphins for the purposes of caring for them and inspecting the structures. Other individuals may be authorised, for scientific purposes only, by the CITES Management Authority, having heard the opinion of the CITES Scientific Authority.
38. The dolphins may not be fed by the public, nor must they come into physical contact with the public. During demonstrations, there must be continuous surveillance to prevent visitors touching the specimens or throwing objects into the tanks.
39. Visitors shall not be permitted to access the service areas or the maintenance tanks.
IV. Feed and feeding.
40. The feed given to the dolphins must be in adequate quantities and of a quality suitable for human consumption and of sufficient nutritional value to keep the specimens healthy. The fish given as feed must be predominantly whole.
41. Any chemical and bacterial contamination must be avoided when preparing the feed. The health and hygiene conditions of the preparation areas must be good and monitored. Frozen fish must be kept at -28°C and used within four months in the case of mackerel and seven months for other species. Defrosted products must be kept refrigerated for a reasonable time before consumption. All feed must be given within 24 hours of its removal from the freezer or thrown away. Feed to be thrown away must not be kept, not even temporarily, in areas used to keep the feed that will be used.
42. The dolphins must be fed at least twice a day (notwithstanding distinct medico‑veterinary advice).
43. The diet must be in keeping with the nutritional needs of the species and must be suitable and varied in accordance with the particular characteristics and condition of each individual (age, size, weight, gestation, physical condition, etc.).
44. The individual feeding of each specimen must be guaranteed.
Feed must be given by an expert who is capable of evaluating the differences and variations in the feeding habits of the dolphins in order to ensure their good health.
V. Sanitary measures and controlling illness.
45.
a) A programme of measures for the prevention of illnesses must be drawn up by the vet. In any case, routine blood tests and veterinary visits must be carried out at least twice a year in the case of specimens in apparently good health;
b) A daily report on the health of each dolphin must be drafted by qualified staff. All health problems must be notified in good time to the vet responsible;
c) Dolphins from other sites must be kept separate from the other specimens until it is certain that they are in good health. The quarantine tank must have a completely separate filter system and equipment distinct from that used for ordinary maintenance must be used;
d) A representative appointed by the management of the dolphinarium shall keep a register in which the state of health of each dolphin is recorded; this register must always be available for inspection;
e) A precise autopsy including any investigations needed to clarify the causes of death must be carried out. Notice of death must be sent within 24 hours to the relevant authorities and the results of the investigations and the conclusions on the causes of death drafted by the pathologist must be sent within 60 days of death.
VI. Staff.
46. A sufficient number of suitably skilled staff members must be appointed to continuously maintain the prescribed operational level: they must have a good knowledge of biology, eco-ethology, conservation and the maintenance of cetaceans in captivity.
47. Staff must be instructed on the theory and practice of treating water to be used and on the maintenance conditions of the tanks. The water treatment protocols must be notified to the authorities and must always be easily available to staff and for inspection.
48. A person from within the unit must be put in charge of the maintenance and health of the dolphins. This individual must have documented proficiency acquired from the study and maintenance in captivity of dolphins.
49. Staff must be encouraged to improve their own knowledge and their own professional abilities by means of recognised specialisation courses.
VII. Data collection.
50. Notwithstanding the provisions of Environment Ministry decree of 3 May 2001 “Institution of the register of the possession of specimens of animal and vegetable species”, as amended and extended, units must use, wherever possible, the ISIS-ARKS system and supplement the data requested by the decree of 3 May 2001 with sheets containing the following data:
a) estimated age and the method use for estimation;
b) colour photographs of the dolphins from different angles, showing and possibly highlighting any distinctive markings;
c) clinical data, including details of dates and treatments administered, the results of routine health examinations and the health report;
d) growth and development, including length and weight measurements and any offspring;
e) behaviour and social status, giving details of any incompatibilities;
f) temperament and reaction to training and handling;
g) date of death and the results of the post-mortem examinations;
h) individual identification of specimens using genetic testing if the information referred to in point b) is inadequate.
VIII. Transporting and transferring dolphins.
51. Except in the event of an emergency, only dolphins deemed by a veterinary expert to be fit to travel may be transported.
52. At least two properly prepared people must accompany each delivery and each person may have no more than two dolphins in his/her care. At least one of the two people must be a staff member from the unit from which the dolphin originates.
53. Dolphins must not be kept in transport containers for periods longer than 24 hours; journeys longer than this period may be undertaken on medico-veterinary advice and under medico-veterinary supervision.
54. For all transfers, suitable accommodation at strategic points along the route must be identified in advance in order to temporarily accommodate the dolphins if they develop health problems.
55. All transfers must be undertaken in accordance with the instructions provided for by IATA regulations for live animals, even if the transfer is not undertaken by air.
56. Dolphins may not be transferred in structures that do not comply in full with the standards set out in this annex. In the event of an emergency, properly documented, exceptions may be made, with regard to the methods described in point 30, if there is no suitable structure where the dolphin is currently located and only if the dolphins health would benefit from such a transfer.
The text of this order is not official and does not replace in any way the official paper publication. Consultation is free of charge.
Source: Istituto poligrafico e Zecca dello Stato (State Printing office and Mint)
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