![](media/image1.png){width="0.9200787401574804in"
height="0.9200787401574804in"}March 3, 2008

Docket No. 99-014-2

Regulatory Analysis and Development

PPD, APHIS

Station 3A-03.8

4700 River Road, Unit 118

Riverdale, MD 20737-1238

Dear Mr. Shea & Dr. DePoyster:

On behalf of its more than 76,000 member veterinarians, representing
approximately 85% of all veterinarians in the United States, the
American Veterinary Medical Association (AVMA) is pleased to provide
comments to the United States Department of Agriculture (USDA) Animal
and Plant Inspection Service (APHIS) regarding the proposed rule that
would amend the Animal Welfare Act regulations regarding transportation
of live animals (other than marine mammals) by removing current ambient
temperature requirements for various stages in the transportation of
those animals. The proposed rule would also remove current provisions
relating to acclimation certificates for live animals other than marine
mammals, since those certificates would no longer be necessary.

The humane care and welfare of animals has always been a primary concern
of the AVMA. The AVMA has been active for more than 17 years in trying
to provide guidance to veterinarians on how to best meet the welfare
needs of animals when also requested to provide acclimation
certificates. Comments in the January 2, 2008 Federal Register (Docket
No. 99-014-2) outlining how difficult and inappropriate it is to ask a
veterinarian to certify that an animal is acclimated to a specific
temperature based on a single veterinary examination reinforce the need
to replace provisions for acclimation certificates with an appropriate
single performance standard by which animals would be transported under
climatic and environmental conditions appropriate for their welfare.

The AVMA believes the intent to amend the Animal Welfare Act regulations
is appropriate, but that the following recommendations should be
considered to help clarify the proposed language in the following
sections:

-   2.131 (f)(1) -- Change the first sentence to read: "Transportation
    of all live animals shall be done in a manner that does not cause
    overheating, excessive cooling, or exposure to adverse environmental
    conditions (including humidity levels outside the recommended
    guidelines) that could cause discomfort or stress, which may result
    in injury or harm."

-   2.131 (f)(1)(ii) -- Because normal air convection could be construed
    as a "draft," by definition, similar qualifiers as denoted for 2.121
    (f)(1), "harmful" and/or "injurious," should be used to define
    "draft," resulting in the phrase: "harmful and/or injurious drafts"

-   2.131 (f)(1)(iii) and (iv) -- additional descriptive qualifiers
    should be added to the terms "direct heat" and "direct sources of
    cold," resulting in the phrase: "direct harmful and/or injurious
    heat" and "direct harmful and/or injurious sources of cold"

This being said, the AVMA requests USDA-APHIS/Animal Care delineate what
the standard will be for inspectors and carriers to determine what
constitutes "discomfort or stress." Is it considered appropriate only if
the animal arrives at its destination alive?

In our opinion, this is not a sufficient welfare condition. Adequate
guidance must be provided to ensure the welfare of animals will be
protected during all stages of their journeys.

Lyle P. Vogel, DVM, MPH

Assistant Executive Vice President