**CITIZEN PETITION BEFORE THE**

## UNITED STATES DEPARTMENT OF AGRICULTURE

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

)

**IN DEFENSE OF ANIMALS** )

131 Camino Alto, Suite E, )\
Mill Valley, California 94941 )

)

v\. )

)

**MIKE JOHANNS** ) Docket No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Secretary of Agriculture )

U.S. Department of Agriculture )

1400 Independence Ave., S.W. )

Room 200A )

Whitten Building )

Washington, DC 20250 )

)

**DR. CHESTER GIPSON** )

Deputy Administrator )

Animal Care )

U.S. Department of Agriculture )

4700 River Rd )

Unit 84 )

Riverdale, MD 20737-1234 )

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_)

**PETITION SEEKING AN INTERPRETIVE RULE AND ENFORCEMENT UNDER THE ANIMAL
WELFARE ACT TO ELIMINATE VIOLATIONS OF THE SPACE AND CONDITIONS
REGULATIONS FOR ELEPHANTS AT ZOOS**

Pursuant to the Right to Petition Government Clause contained in the
First Amendment of the United States Constitution,[^1] the
Administrative Procedure Act,[^2] and the U.S. Department of
Agriculture's (USDA) implementing regulations,[^3] petitioner
respectfully requests that the USDA issue an interpretive rule and
enforce the Animal Welfare Act (AWA) and the agency's implementing
regulations by requiring that zoos that exhibit elephants fully comply
with the agency's adequate space and conditions regulations.[^4] This
action is necessary in order to prevent chronic and life threatening
foot and joint problems that are the leading cause of suffering and
premature death for elephants in zoos. Specifically, petitioner seeks
the following

(1) USDA should issue an interpretive rule[^5] explaining its adequate
    space and conditions rules for elephants at zoos, circuses and other
    exhibitors. Petitioner requests that the interpretive rule specify
    the following:

> \(a\) Inadequate space provided for captive elephants (including
> indoor and outdoor enclosures) and inadequate conditions (including
> amount of time confined, type of substrate, and cleanliness of floors)
> cause foot and joint problems in elephants. The presence of foot and
> joint problems in elephants is a sign that exhibitors are not meeting
> the AWA's requirements for adequate space and conditions.
>
> \(b\) Elephant enclosures shall be large enough to allow exhibited
> elephants to exercise similarly to how elephants exercise in the wild;
>
> \(c\) In order for USDA to effectively enforce the adequate space and
> conditions rules, elephant exhibitors are required to send their
> medical records to USDA regional inspectors quarterly to review.
> Inspectors will review the records prior to visiting the exhibit and
> observe the physical condition of the elephant during their on-site
> inspections. This visual observation includes picking up the
> elephants' feet to observe problems with the feet;
>
> \(d\) When the agency finds that elephants are suffering from chronic
> foot and joint problems, the agency will conclude that this is an
> indication of inadequate care, inadequate space and living conditions.
> USDA will cite violators of the adequate space and conditions
> regulations and require that the exhibitor enlarge the space and
> improve the conditions or move the elephants to a better environment,
> such as a sanctuary; and
>
> \(e\) The agency will consider exhibitors to be in violation of the
> adequate care, space and conditions regulations when elephants develop
> chronic foot problems, and the symptoms of those problems are treated
> (through the use of antibiotics, anti-inflammatory and pain-killing
> drugs) without addressing the cause (inadequate space and conditions).

(2) USDA should immediately inspect all elephant exhibitors beginning
    with the zoos discussed in this petition that currently have
    elephants suffering from chronic foot and joint problems and
    confiscate elephants in poor condition.[^6] These zoos include:
    National Zoo, Lee Richardson Zoo, Abilene Zoo, Reid Park Zoo, Los
    Angeles Zoo, and Cameron Park Zoo.

**PETITIONER**

Petitioner, [In Defense of Animals]{.underline}, (IDA) is a nonprofit
international animal protection organization dedicated to ending the
exploitation and abuse of animals by defending and advocating for their
rights, welfare and habitat. IDA's efforts include educational events,
cruelty investigations, boycotts, grassroots activism, and hands-on
rescue through its sanctuaries in Mississippi and Cameroon, Africa.

**STATEMENT OF FACTS**

Elephants, like humans, live in multi-faceted societies. They are highly
intelligent, possess complex emotions, exceptional memory and live
unusually long lives. They can remember other individuals after more
than a decade of separation, and are capable of emotions such as joy,
anger, grief, sympathy, playfulness, and revenge. Numerous scientific
observations suggest that: (1) Elephants recognize their own image in a
mirror indicating that elephants are self-aware; (2) Elephants have the
capacity for both empathy and anticipatory planning, including the
possibility of imagining future events, such as pain to themselves and
others; and (3) Elephants suffer long-term psychological effects of
trauma and abuse, which may be expressed in the form of inappropriate
and hostile behavior. Taken together, these scientific discoveries show
that USDA needs to fully enforce the AWA to ensure that captive
elephants are provided with humane care.

USDA's action to ensure humane care should begin with examining the
space allotted and conditions provided to captive elephants. USDA's
animal welfare regulations require that an exhibited animal must have
sufficient space and be exhibited under conditions consistent with its
good health and well being.[^7] In assessing whether an animal has
adequate freedom of movement, USDA looks at what is normal for the
species under natural conditions.[^8] In addition, USDA looks at the
condition of the elephant to determine whether there is evidence of
inadequate space and conditions.[^9]

The industry standards set by the American Zoo and Aquarium Association
for Elephant Management and Care require 400 square feet indoors for a
single animal and 600 square feet for a male or female with a calf.
Outside requirements are 1,800 square feet for a single animal with an
additional 900 square feet for each additional animal.[^10] This space
standard is far different from what is normal for elephants under
natural conditions (i.e. in the wild). For example, elephant expert
Joyce Poole explains that

In Amboseli, elephants inhabit what is regarded as a relatively small
area for wild elephants. Members of this elephant population range over
approximately 5,000km^2^ \[3,100 square miles\]. Each elephant and its
family have a core area of use encompassing at least 194km^2^ \[120
square miles\]. Elephants travel 8 to 20 kilometres \[5-12 miles\] a
day, frequently walking further in areas of lower resource availability,
or when a male is searching for females. Figures for Asian elephants are
similar with home ranges averaging 350 km^2^ \[270 square miles\] for
males and 100 to 115km^2^ \[62-71 square miles\] for females and daily
movements ranging between 8 to 22 km \[5-14 miles\].[^11]

Clearly, the 400 square feet recommended by the AZA is a much smaller
space requirement than the 120 square miles used by elephants under
natural conditions. Thus, USDA enforcement actions, as requested herein,
should not overlook exhibitors following the AZA industry standards.
Even facilities that meet the AZA standards may have elephants that are
in poor health, due to the limited amount of space provided, resulting
in the exhibitor not being in compliance with the AWA.

Many of the health problems elephants have in zoos involve chronic foot
and joint damage. This problem is widespread among zoo elephants and has
become the number one cause of suffering and premature death for
elephants at zoos.[^12] More than 50 percent of captive elephants
develop foot-related problems.[^13]

Experts agree that the reasons elephants at zoos are suffering from foot
and joint problems are directly attributable to their inadequate space
and living conditions. For example, most elephants at zoos live on hard
concrete surfaces and compacted soil, stand for long hours in their own
waste, and are confined in small spaces for long periods of time
prohibiting sufficient exercise.[^14] Due to the inadequate amount of
space and inappropriate living conditions, elephants are suffering from
chronic foot and joint problems.

This is a severe animal welfare problem that is contrary to the Animal
Welfare Act and the agency's regulatory goals of providing humane care
and protecting the health of exhibited animals. Should the agency fail
to address this problem, zoos will continue to lose their elephants to
chronic foot disease and arthritis, the leading reason for euthanizing
captive elephants.[^15] Michael Schmidt, a veterinarian and expert in
caring for elephants, explains that the unyielding surfaces that
elephants are kept on cause zoo elephants' feet to become progressively
worse, eventually taking a deadly toll.[^16]

Although most elephants in zoos have foot and/or joint problems, wild
elephants do not have these same problems. The reason why wild elephants
do not suffer from foot-related diseases is because they walk up to 18
hours a day on different substrates allowing the pads of their feet to
remain healthy. Captive elephants, on the other hand, stand in confined
spaces on concrete and other unyielding surfaces in their own waste and
urine for up to 16 hours a day. (Elephants in zoos are commonly confined
inside in barn stalls during off hours.) Due to this inactivity and such
unclean and unnatural conditions, the pads on elephants' feet at zoos
wear down very little leading to overgrown and cracked pads that are
vulnerable to foot abscesses.[^17] Experts agree that "\[e\]lephants
certainly didn't evolve to stand motionless for long periods of time"
yet this is precisely how many elephants in zoos spend their days.[^18]

An example demonstrating the correlation between inhumane and inadequate
space and living conditions for zoo elephants and the development of
chronic foot and joint problems occurred at the San Francisco Zoo. At
this zoo, all four elephants suffered for many years from chronic foot
problems and lameness. After the death of two of the elephants,
(Maybelle, who died after collapsing and suffering for over twenty years
with chronic lameness and foot problems and Calle, who was euthanized
after suffering for almost ten years of chronic foot problems and
lameness), the zoo was forced to review the living conditions for its
elephants.[^19] It was clearly evident that the zoo's facilities
contributed to the elephants' chronic foot and joint problems and the
zoo was forced to admit that its facilities were outdated and the
elephants needed to live in a better environment.[^20]

After the two deaths, the zoo decided to transfer its two remaining
elephants, Lulu and Tinkerbelle, in November 2004 to the Performing
Animal Welfare Society's (PAWS) sanctuary in San Andreas, CA.
Unfortunately, this move came too late. In March of 2005, Tinkerbelle
was euthanized due to complications with her feet and degenerative joint
disease.[^21] Although the San Francisco Zoo transferred its remaining
elephants to a place where the elephants' health could recover, it acted
too late to save three of its four elephants. This example shows the
imperative nature of petitioner's requests and thus, the agency should
respond quickly to prevent further animals deaths.

Other elephant exhibitors are starting to recognize the correlation
between inadequate conditions and space and chronic foot and joint
disease. For instance, the Detroit Zoo's Director, Ron Kagan, "is
credited for being the first zoo director to voluntarily give up his
elephants on humane grounds."[^22] The Detroit Zoo decided to retire its
two elephants, Winky and Wanda, to the warm-weather PAWS sanctuary
because the elephants could not be properly housed and cared for in
Detroit during the cold winter months.[^23] Wanda had developed chronic
arthritis and Winky was combating chronic foot problems.[^24] The
director recognized that when elephants are kept indoors during the
winter, they cannot exercise and are forced to stand on unyielding
surfaces making them prone to serious foot and joint disease.[^25] The
director explained that "\[n\]ow we understand how much more is needed
to be able to meet all the physical and psychological needs of elephants
in captivity, especially in a cold climate."[^26] He believes that the
elephants need "up to 20 acres of land to provide an adequate
environment." [^27] This amount of space is significantly larger than
the one-acre enclosure in which Wanda and Winky lived at the Detroit
Zoo.[^28]

The San Francisco Zoo and the Detroit Zoo are among the zoos that have
chosen to address inadequate space and conditions issues by retiring
their elephants at sanctuaries. PAWS in California is one sanctuary
where elephants are being retired and another is the Elephant Sanctuary
in Tennessee. At these sanctuaries, elephants who struggled with foot
diseases for numerous years are recovering. Carol Buckley, a co-founder
of the Elephant Sanctuary, has seen first hand how elephants that come
to the sanctuary with severe foot problems "recover due to the vast
amount of space that they have access to as well as improved living
conditions which reflect a more natural environment, much like what they
would experience in the wild."[^29]

Although sanctuaries are saving the lives of many elephants with foot
infections, most zoos are not choosing this option. Unlike the Detroit
Zoo, many zoos are not preventing and eliminating the unnatural
conditions that cause problems to elephants' feet and joints (such as
getting them off concrete floors) and instead are trying to treat the
problem by using pain-relieving medication, antibiotics,
anti-inflammatories and medical interventions such as repeatedly
trimming the rotting flesh of infected elephant feet.[^30] These
interventions do nothing to eliminate the underlying cause of the
elephants' physical conditions and do not exempt zoos from providing
humane living conditions.

In order to protect the health of captive elephants, USDA needs to
enforce the AWA. The medical records from many zoos show that these zoos
are violating USDA's regulations because their elephants are suffering
from chronic foot and joint disease that is linked to the inadequate
amount of space and conditions provided for their elephants. Because
foot and joint problems are the number one physical problem with
elephants at zoos, USDA needs to take aggressive action by issuing an
interpretive rule to clarify its regulations requiring adequate space
and conditions for elephants at zoos.

USDA's interpretive rule should explain that where elephants at zoos are
suffering from chronic foot and/or joint problems due to inadequate
space and conditions, USDA will enforce the AWA by requiring that these
zoos either improve their space and conditions or relocate their
elephants to a more suitable environment, such as a sanctuary, where the
elephants' health can improve.[^31] Since foot problems develop over
time, USDA must ensure that zoos act to prevent foot and joint disease
in younger, healthy elephants by providing them adequate conditions or
relocating them to a sanctuary with appropriate living conditions. This
interpretive rule should be backed by strict enforcement, including
physical inspection of the elephant's feet and their medical records.
Only when elephants can live in a zoo designed to meet their biological
and behavioral needs will the health conditions of these elephants be
alleviated, allowing them to live healthy lives consistent with the
intent of the AWA and the agency's implementing regulations.[^32]

**STATEMENT OF LAW**

Administrative Procedure Act, 5 U.S.C. § 551 [et]{.underline}
[seq]{.underline}.

Animal Welfare Act, 7 U.S.C. § 2131 [et]{.underline} [seq]{.underline}.

Animal Welfare Regulations, 9 C.F.R. § 1.1 [et]{.underline}
[seq]{.underline}.

**ARGUMENT**

**I. USDA'S REGULATIONS REQUIRE THAT ENCLOSURES FOR EXHIBITED ANIMALS
PROVIDE SUFFICIENT SPACE AND ADEQUATE CONDITIONS FOR THE ANIMALS.**

USDA's regulations specifically identify adequate space and conditions
as an animal welfare requirement that must be met by exhibitors such as
zoos. These regulations explain that the amount of space and type of
conditions must be adequate for the well-being of the animal.

The space requirement under 9 C.F.R. § 3.128 states the following:

> Enclosures shall be constructed and maintained so as to provide
> sufficient space to allow each animal to make normal postural and
> social adjustments with adequate freedom of movement. Inadequate space
> may be indicated by evidence of malnutrition, poor condition,
> debility, stress, or abnormal behavior patterns.

This regulation requires exhibitors to provide sufficient enclosure
space for the animal by giving the animal adequate freedom of movement.
USDA has interpreted the term "adequate freedom of movement" to include
the ability to exercise.[^33] The agency looks at "what is normal for
that species under natural conditions."[^34] In addition, the space
requirement in 9 C.F.R. § 3.128 specifies that inadequate space is
evidenced by the animal's poor health.[^35] Thus, in order to determine
whether a zoo is providing adequate space for an animal, such as an
elephant, USDA looks at whether the enclosure is large enough to allow
the elephant to exercise similarly to how the animal would move in the
wild and USDA assesses the physical condition of the elephant at the
zoo. If an elephant is suffering physically and not receiving the amount
of exercise that the elephant would get in the wild, then according to
USDA's regulations, the zoo is violating the law.

USDA's regulations also require that exhibitors such as zoos only
exhibit animals under adequate conditions. The regulation states that
"\[a\]nimals shall be exhibited only for periods of time and under
conditions consistent with their good health and well being."[^36]
Climate is a factor in determining whether conditions are adequate. USDA
regulations state that "\[w\]hen climatic conditions present a threat to
an animal's health or well-being, appropriate measures must be taken to
alleviate the impact of those conditions."[^37] As with § 3.128, these
regulatory sections also provide that the health of an exhibited animal
should not be harmed by their living conditions. Clearly, the health of
an exhibited animal is a crucial factor used by USDA to determine
whether the exhibition facility meets USDA's animal welfare regulations.
Therefore, in applying these regulations to elephants, if an elephant at
a northern zoo is housed in a small enclosure with hard unclean floors
during the winter months and suffers from chronic foot and joint
problems, then according to USDA's regulations, this zoo is violating
the law.

The evidence presented below shows that zoos are providing elephants
with inadequate space and living conditions that are affecting their
health and well being. Experts have documented the link between small
enclosures and unnatural living conditions at zoos with elephants' foot
and joint problems. USDA should act consistently with its own
regulations by inspecting zoos and protecting the health of exhibited
elephants by requiring exhibitors to eliminate these AWA violations.

**II. ELEPHANTS IN ZOOS ARE SUFFERING FROM CHRONIC FOOT AND JOINT
PROBLEMS CAUSED BY INADEQUATE SPACE AND LIVING CONDITIONS**

Elephants at many zoos are standing on hard concrete flooring, in their
own waste for 16 hours or more, and in small confined spaces for long
periods of time, especially during the winter at northern zoos, without
sufficient exercise. Experts agree that these factors are causing
chronic foot and joint disease in elephants that can lead to death. This
correlation between foot and joint disease in elephants and inadequate
enclosure space and living conditions is visible and prevalent at zoos
across the country.

(a) **[Expert Opinion Explaining the Correlation Between Foot and
    Joint]{.underline}** **[Disease in Exhibited Elephants and
    Inadequate Space and Living]{.underline}** **[Conditions at
    Zoos]{.underline}.**

Experts agree that chronic foot disease and arthritis are the major
causes of suffering and premature death for zoo elephants.[^38] Elephant
experts have identified hard flooring, unclean living conditions, and
inadequate space as the primary causes of these physical problems.[^39]
To protect the health and well being of elephants, most zoos need to
take immediate action by either alleviating or preventing foot and joint
disease through improving the elephant's space and living conditions or
moving the elephants to sanctuaries where their needs can be met.[^40]

[1. Concrete Flooring]{.underline}

Elephant experts have identified several causes for foot and joint
diseases in elephants. First, concrete flooring is one of the main
reasons exhibited elephants have foot problems.[^41] Elephant experts
explain that "\[w\]e believe that elephants spending the majority of
their lives on hard surfaces such as concrete or asphalt are more prone
to foot problems than elephants housed on softer or more natural
substrates."[^42] Despite this information, the use of concrete flooring
at zoos is widespread. In a survey conducted among the elephant
exhibitors around the country, 91 percent of exhibitors indicated that
they have concrete floors and over half believed that there was a
relationship between concrete flooring and foot disease.[^43]

In the wild, elephants walk on soft substrate such as grass, mud, clay,
and sand that give under their feet allowing their toenails to dig into
the earth.[^44] These natural conditions allow elephants' feet to wear
normally. The natural conditions in the wild are in sharp contrast to
the hard concrete flooring at most zoos. This type of flooring has no
give and thus, the elephant's feet wear abnormally because the animal is
walking flat-footed.[^45] Walking everyday on hard concrete surfaces can
cause the elephant's pads to wear too thin, harming the underlying
tissue, which can then lead to abscesses of the foot.[^46]

Elephant expert Dr. Schmidt explains that due to the daily abuse from
standing on hard flooring, "the elephants' feet become chronically
infected by bacteria and fungi. [My experience has shown me that
concrete flooring injures and kills elephants]{.underline}."[^47] He
further explains that:

> . . . over time, the daily accumulation of damage from standing and
> walking on flat concrete floors tends to cause joint injury and
> predisposes the elephant's feet to infection from abnormal wear. As
> the joints and feet become progressively injured by life spent on a
> concrete floor, the pain the elephant feels makes it reluctant to move
> around as much on its sore legs and feet. This creates a vicious
> circle and downward spiral of pain, followed by less movement, causing
> further injury, causing more pain, causing even less movement, etc. It
> is a continuous, gradual process that does its damage bit--by bit and
> this damage continues hourly, daily, weekly, monthly and through the
> long decades of an elephant's life in the zoo.[^48]

Elephant experts repeatedly point out that natural substrates should be
used to prevent and alleviate foot and or joint problems because this
type of substrate allows an elephant to dig and "exercise and strengthen
leg and foot muscles, tendons, and joints. This exercise and activity
directly supports healthy feet throughout the elephant's life."[^49]
This information from elephant experts shows that rather than housing
elephants on hard concrete flooring, elephants should live on softer,
more natural and resilient yielding surfaces.[^50] This change in the
elephant's living conditions will help to prevent and alleviate the
elephant's foot and joint problems.

[2. Unclean Living Conditions]{.underline}

Another factor that causes foot and joint problems for zoo elephants is
their unclean living conditions. Because elephants are kept in small
confined spaces for long hours, they cannot avoid standing in their own
urine and waste. Most elephants have to stand in their own urine and
feces for up to 16 hours during zoo off hours, until the zoo keeper
comes in and cleans out the stalls.[^51]

Elephant feces contain harmful bacteria and the urine damages the
tissues of their feet. As a result of the abnormal wear on the concrete
floor, fissures and cracks develop in the feet allowing dung and urine
to get inside the feet and cause harm.[^52] When elephants get foot
infections, it is difficult to treat and cure because antibiotics often
do not reach the curative levels in the foot and the healing is delayed
due to poor blood supply to the affected tissue.[^53] There is also a
real danger to zoo keepers and veterinarians in treating elephants with
these painful conditions.[^54]

[3. Inadequate Space]{.underline}

Finally, one of the most common causes of foot problems in elephants is
due to inadequate space. By confining elephants into small quarters and
limiting their movement, they receive an inadequate amount of exercise.
Elephant experts explain that "\[h\]ealthy feet require exercise of all
joints, tendons, and ligaments. Anything less predisposes an elephant to
foot problems, especially later in an elephant's life."[^55] Other
elephant experts confirm this by stating that "\[e\]lephants that have
significant daily exercise seem to have fewer foot problems than
elephants that primarily stand throughout the day."[^56]

Despite the physical needs of elephants, requiring sufficient space to
exercise for the health of their feet, the AZA only requires that its
members give an elephant a minimum of 400 square feet of indoor space
and at least 1,800 square feet of outdoor space.[^57] This amount of
space is highly criticized by many elephant experts. One former zoo
curator explains that the "AZA standards for elephant enclosures are far
from adequate. These standards are comparable to putting a 100 pound
Labrador dog into a 5 feet by 6 feet bathroom for its entire life."[^58]
The Royal Society for the Prevention of Cruelty to Animals issued a
study identifying the animal welfare problems at zoos in Europe and
explained that even the minimum AZA and the European AZA standards for
elephant enclosures are "60 to 100 times smaller than the smallest wild
territories."[^59] Elephants at AZA accredited zoos are known to be
suffering physical problems due to the inadequate amount of space in
their enclosures, clearly indicating that the AZA standards are not
benefiting, but rather harming the health of exhibited elephants.[^60]

##  The AZA and some other members of the zoo community argue that there is no scientific evidence that elephants require ample space and suggest that elephants only move in the wild because they have to.[^61] This conclusion, however, is not supported by the great amount of empirical evidence showing the spatial needs of elephants are vast. For example, Amboseli Elephant Research Group scientist Joyce Poole states that the "evidence that elephants need more space is unmistakable."[^62] She goes on to explain that in "captivity, confined in small spaces, under the constant command of a trainer and kept in socially deprived conditions, elephants become dysfunctional, unhealthy, depressed, and aggressive. Inactivity leads not only to obesity, but also to foot diseases, joint problems, and arthritis. Female zoo elephants are 31-72% heavier than their wild counterparts."[^63] 

Wild elephants, on the other hand, do not suffer from the same ailments,
such as foot disease, arthritis, and weight related diseases, as
elephants in captivity. Poole explains that

> in Amboseli, where the life histories of over 2,000 free-ranging
> elephants have been followed for 34 years and where elephants grow up
> in a nurturing social environment, have the freedom to move, and
> autonomy over their own lives, elephants do not develop foot or weight
> problems as they do in zoos.[^64] Of the 2,200 elephants that have
> lived in Amboseli over 34 years of study, not one has had foot (other
> than those inflicted by humans), arthritis, or problems with
> overweight.[^65] In over 34,000 sightings of groups containing 1 to
> 550 elephants, not one elephant has been seen swaying rhythmically
> back and forth or showing other neurotic behaviour ultimately caused
> by lack of space.[^66]

There are some zoos that exceed the AZA standard by giving elephants
between one and three to four acres to move, however, even this amount
of space is far from adequate.[^67] Elephant expert Dr. Schmidt explains
that while "such space may be adequate for a couple of domesticated
horses or cows, it is far below the necessary space required to meet the
biological and behavioral needs of these largest of the living land
animals."[^68] Furthermore, it is important to note that even if a zoo
provides a significant amount of outside space, if it is located in a
cold and wet northern climate, then the elephant will spend several
months confined indoors. By warehousing elephants for the winter, zoos
severely limit the amount of space elephants have to move. Many experts
conclude that the problems with elephants' feet and joints will not be
alleviated in northern zoos because of the inability for a northern zoo
to provide the elephant with adequate space to exercise.[^69] It is
precisely this reason why the elephants from the Detroit Zoo were moved
to a sanctuary.[^70]

Elephant experts consistently agree that elephants in many zoos have an
inadequate amount of space for sufficient exercise. For example,
elephant expert Dr. Schmidt polled a dozen experienced elephant keepers
at a seminar and "only two thought that their elephants had enough
space."[^71] Furthermore, in a survey conducted of elephant experts,
only 32 percent of the participants said that their elephants receive
more than 30 minutes of exercise a day.[^72] Over half of the
participants thought that there was a relationship between inactivity
and foot disease and 80 percent thought that a priority should be given
to giving elephants more exercise.[^73]

The evidence also shows that elephants in zoos live two decades less
than elephants in the wild.[^74] One of the main reasons for this
difference is because elephants in the wild walk up to 18 hours a day
over different substrates.[^75] This amount of exercise protects their
feet and joints from deterioration and is in sharp contrast to the 30
minutes a day of exercise many elephants receive in zoos. To prevent and
alleviate the foot and joint problems from which elephants in zoos
suffer, the amount of space at zoos must be significantly increased to
give elephants a sufficient amount of room to exercise.[^76]

In conclusion, elephant experts agree that if the current inadequate
space and living conditions for elephants at most zoos (consisting of
hard flooring, unclean living conditions, and inadequate space to
exercise) are eliminated, then the majority of the foot and joint
problems in captive elephants would disappear.[^77] USDA should enforce
the AWA regulations by requiring zoos to alter the current space and
living conditions to reflect a more natural environment for elephants or
move their elephants to a place, such as a sanctuary, that can meet
their needs.

(b) **[Examples of Zoos Where Elephants Have or Currently Are Suffering
    from Chronic Foot and Joint Problems Due to Inadequate Space and
    Conditions]{.underline}**

Several zoos have voluntarily decided to transfer their elephants to
sanctuaries after determining that their facilities were inadequate to
provide their elephants with sufficient care. Other zoos have not taken
this step and are currently exhibiting elephants even though their
inadequate facilities are causing their elephants to suffer from chronic
foot and joint problems.

In over 20 years, at least 38 exhibited elephants have died due to
chronic foot and/or joint problems.[^78] Because foot and joint problems
are wide-spread among exhibited elephants, it is imperative that zoos
and USDA act to prevent further elephant deaths. Petitioners request
that USDA rigorously inspect zoos by examining elephants' feet, medical
records, and living conditions. By reviewing all of these factors,
petitioners believe that USDA will find that the health of elephants is
declining as a result of the inadequate living conditions provided at
exhibitor facilities. Based on this information, USDA must act in
accordance with its own regulations by requiring that exhibitors either
improve living conditions to meet elephants' needs or transfer elephants
to another environment that can meet their needs, such as a sanctuary.

> 1\. [Examples of zoos that have transferred their elephants to
> sanctuaries after recognizing that the zoo did not have adequate
> facilities to properly care for the elephants]{.underline}

*[San Francisco Zoo]{.underline}*

At the San Francisco Zoo, all four elephants, Maybelle, Calle,
Tinkerbelle, and Lulu, suffered from foot and joint problems for many
years. After the death of two elephants, Maybelle and Calle, the zoo was
forced, through strong public pressure, to review the living conditions
of its elephants.[^79] The zoo was criticized for holding the elephants
in small, antiquated enclosures. The enclosures consisted of 17,000
square feet for the Asian elephants and 10,000 square feet for African
elephants. [^80] These small enclosures prevented the elephants from
getting sufficient exercise and forced them to stand on hard, dry
compacted surfaces.[^81]

The medical records of Maybelle demonstrate that she suffered from
chronic foot and joint problems. The staff at the zoo identified
problems with Maybelle's feet and lameness approximately [750
times]{.underline} from September 1983 until her death in January 2004.
Calle also suffered from chronic foot and joint problems. The zoo staff
identified problems with her feet and lameness approximately [1678
times]{.underline} from Oct 1995 to March 2004.

The number of times these elephants suffered from problems with their
feet and lameness is extraordinarily high.[^82] In addition, their
conditions were ongoing for numerous years. These on-going problems
should have prompted zoo staff to assess the elephants' living
conditions as required by the AWA regulations. These regulations state
that inadequate space may be indicated by evidence of the animal's poor
condition.[^83] To determine whether the elephants had adequate space
and living conditions, the zoo should have looked at whether the
enclosure was large enough to allow the elephants to exercise similarly
to how the elephants would move in the wild. In this case, 10,000 square
feet for Maybelle (African enclosure) and 17,000 square feet for Calle
(Asian enclosure) is extremely small, given that elephants in the wild
walk up to 100 kilometers (over 62 miles) in a day.[^84]

The regulations further state that animals shall only be exhibited under
conditions consistent with their good health and well being.[^85] At the
San Francisco Zoo, the elephants were kept on hard surfaces far
different from the soft substrate on which elephants walk in the wild.
The medical records show that for at least 20 years, the San Francisco
Zoo ignored these AWA regulatory requirements and did nothing to
significantly alter the living conditions for Maybelle or any of the
other elephants who suffered from similar foot and lameness problems.

Rather than changing the living conditions for these animals by giving
them more space to exercise and getting them off the hard substrate, the
zoo repeatedly gave the elephants painkillers. Maybelle, for example,
was given pain-relieving medication repeatedly for at least four years
and Calle was given pain-relieving drugs for at least five years. This
type of treatment was not successful because it did not improve the
condition of their feet. Instead, the condition of their feet continued
to deteriorate. The zoo staff even admitted in assessing Maybelle's
condition that there was no significant improvement in her mobility
since being on the pain killers.[^86] The ongoing physical problems
combined with the unnatural living conditions (small enclosure and hard
substrate) should have alerted the staff that the elephants' poor health
was connected to their inadequate living conditions.

Finally, after the death of Maybelle and Calle, the zoo director decided
to move Tinkerbelle and Lulu to the Performing Animal Welfare Society
(PAWS) Sanctuary. The zoo admitted that its "facilities were outdated
and they wanted a better environment for the elephants"[^87] and the zoo
believed that "the welfare of both the elephants . . .was at
stake."[^88] To ensure that the zoo does not exhibit more elephants in
these small, outdated enclosures, the San Francisco Board of Supervisors
passed a law requiring the zoo to meet strict conditions, including
devoting at least 15 acres to the elephant habitat.[^89]

Tinkerbelle and Lulu were moved to the PAWS sanctuary in November 2004.
Unfortunately, the move came too late for Tinkerbelle because she had to
be euthanized not long after arriving at PAWS Sanctuary.[^90] Like
Maybelle and Calle, she also suffered chronic foot and joint
problems.[^91] Lulu is the only elephant still alive from the San
Francisco Zoo. She also suffered from recurring foot and lameness
problems while at the zoo. Now that she is living in a more natural
environment at the PAWS sanctuary , she is doing well.

USDA needs to enforce the AWA regulations to prevent more elephant
deaths like the ones at the San Francisco Zoo. Despite the medical
records showing that its elephants suffered chronic foot and lameness
problems, the San Francisco Zoo did not change the elephants' inadequate
living conditions and as a result, three of its four elephants died.
These elephant deaths could have been prevented if zoo staff had acted
in accordance with the AWA regulations by removing the elephants from
their inadequate living conditions before their health had completely
deteriorated.

*[Detroit Zoo]{.underline}*

Unlike the San Francisco Zoo, the Director of the Detroit Zoo moved its
two elephants, Wanda and Winky, to a sanctuary before ill health due to
inadequate living conditions killed them. Detroit Zoo Director Ron Kagan
retired the elephants to the warm-weather PAWS sanctuary.[^92] Wanda had
developed chronic arthritis and Winky was combating chronic foot
problems.[^93] Kagan found that the elephants could not be cared for
properly in the zoo's one-acre elephant exhibit, particularly during the
winter when they were confined in small stalls. Kagan concluded that,
without normal movement, the elephants' foot and joint disease would
become life-threatening.

He explained: "\[n\]ow we understand how much more is needed to be able
to meet all the physical and psychological needs of elephants in
captivity, especially in a cold climate."[^94] Kagan explained further
that the zoo would need to provide "up to 20 acres of land to provide an
adequate environment" for these elephants.[^95] The amount of space
needed to adequately exhibit the elephants is far greater than the
one-acre enclosure in which Wanda and Winky resided at the Detroit
Zoo.[^96]

The Detroit Zoo is an example of a zoo acting in accordance with the AWA
space and conditions regulations.[^97] Here, the zoo director did not
ignore the causes of the elephants' foot and joint problems. He
recognized that the health of the elephants was being jeopardized
because the elephants could not adequately exercise when they were
housed in small enclosures, especially during the winter months. This
lack of exercise was causing the elephants to develop chronic foot and
joint problems. Therefore, consistent with the AWA regulations, the
director moved the elephants out of an exhibit that did not have
adequate conditions and into a sanctuary with an environment that would
benefit their health.

> 2\. [Examples of zoos where elephants are currently suffering from
> chronic foot and joint disease due to inadequate space and conditions
> and therefore, require immediate USDA inspection]{.underline}

There are numerous zoos throughout the country where elephants are
suffering from chronic foot and joint disease caused by inadequate space
and living conditions. A few examples of zoos with these problems are
the Smithsonian National Zoological Park (National Zoo), Lee Richardson
Zoo, Abilene Zoo, Reid Park Zoo, Los Angeles Zoo, and Cameron Park Zoo.
As explained below, the elephants in these zoos are being held in
inadequate conditions and are experiencing severe foot and joint
problems. As a result, USDA must immediately inspect these zoos and
enforce the adequate space and conditions regulations.[^98]

The National Zoo euthanized a 46-year old female African elephant named
Nancy in August 2000 due to severe and chronic foot abscesses that had
progressed to osteomyelitis (infection of the bone).[^99] Before she was
euthanized, Nancy had difficulty standing and developed pressure sores
from leaning at night to take the pressure off her feet.[^100] In the
last months of her life, she was reported to be holding her right foot
off the ground and leaning her head against the bars of her indoor
stall.[^101]

A January 26, 2000 entry in Nancy's medical records reads, "Reported for
lameness left front, stiffness right front . . . All the elephants have
been housed indoors continuously for the past few days due to the
extreme cold weather. [The floors are extremely hard (cement) and this
may have exacerbated her lameness]{.underline}. . . . A: Lameness,
forelimb R/O digitial osteomyelitis, [hard substrate]{.underline}. . . .
[Consider recommending application of permanent soft flooring for this
geriatric elephant.]{.underline}"[^102]

Zoo staff treated Nancy's foot infections with extreme measures, among
them frequent intravenous infusions of antibiotics through veins in her
feet and stuffing antibiotic "bullets" into the abscessed cracks of her
feet by plugging them with "tampons."[^103] The records do not indicate
that the staff ever dealt with the cause of her problems. Soft flooring
does not appear to have been brought in and no attempt was made to
relocate this elephant from these inadequate conditions.

On June 26, 2000, National Zoo veterinarians noted that Nancy had an
infected "sole defect" on her right foot that was 10 centimeters long
and 5-8 centimeters wide.[^104] A month later, the records state that
Nancy's right foot was "swollen and painful," noting infection and
"breakdown of tissue."[^105] This elephants' condition continued to
decline. She was euthanized on August 22, 2000.[^106]

The National Zoo had to euthanize [another]{.underline} elephant on
January 25, 2006, a 39-year old Asian elephant named Toni suffering from
severe arthritis.[^107] Medical records for Toni from June 17, 2005
report "very acute lameness" and "keeper reported that she seems more
tender in hard surfaces."[^108] The records also note that Toni is
"hesitant to go down sternal on concrete" and she was observed "leaning
her rear end against the wall as if trying to relieve some weight from
the rear legs."[^109] Toni's medical records document the long term use
of Ibuprofen between 1997 and 2001, at which time, it was stopped due to
concern about renal toxicity.[^110] She was later put back on pain
relieving medication despite toxicity concerns because of her extreme
discomfort.[^111]

Another Asian elephant, 57 year-old Ambika, also suffers from lameness.
Medical records show that Ambika has repeatedly been on Ibuprofin the
past few years.[^112]

In the six years since the zoo euthanized Nancy from a condition known
to be exacerbated by concrete, the National Zoo still keeps the
elephants on hard surfaces inside the barn (concrete with one area of
poured rubberized flooring) and hard compacted earth. Zoo staff
continued to treat the elephants' symptoms without addressing the cause
of their problems -- inadequate space and hard substrates.[^113]

Mel Richardson, DVM, a zoo and wildlife veterinarian with 36-years
experience with elephants and other animals observed Toni before she was
euthanized and wrote:

> When I saw Toni on January 4^th^, 2006, I was appalled. I have never
> seen an elephant in such a debilitated condition. Toni is an elephant
> at least 2,000 pounds underweight with an almost contorted posture.
> She moved carefully, placing each foot with deliberation and
> consideration as to its position. She tried not to put much weight on
> each step, as if walking on eggs. All the while she was leaning back
> onto her rear quarters, obviously keeping weight off of her front
> legs. Her spine looked curved and her pelvis was twisted. The fact
> that I could see her spine, shoulder blades, and hip bones was beyond
> belief. I had expected her to be in poor shape, but this was more than
> I could have ever imagined.[^114]

Dr. Richardson disagrees with the zoos attempt to blame Toni's condition
on a leg injury she suffered 20 years ago at another zoo. He states:

> Elephants in the wild have sustained fractured legs and even ankylosed
> carpal joints, like Toni. They have been seen to recuperate and go on
> to live almost normal elephant lives, albeit with a limp. Had Toni had
> access to an adequate environment with enough space to roam and a
> natural substrate, I am certain that she could have better dealt with
> her injury and would not be in such a condition as today. Toni's
> exhibit only allowed for exacerbation of her injury. Lack of exercise
> caused muscle atrophy, removing the muscular support needed to sustain
> healthy joints and standing on concrete increased the trauma to joint
> surfaces initiating degenerative joint disease while walking on sand
> literally rubbed down her pads, thinning her soles and increasing her
> pain . . .[^115]

Dr. Richardson explains further that veterinarians are trained to
prevent pain and suffering, not just treat it.[^116] The veterinarians
at the National Zoo cannot prevent the painful degenerative arthritis
because "the cause of the crippling degenerative joint disease is the
exhibit itself: the concrete; the packed unyielding abrasive substrate
inside and outside; the lack of exercise and normal use of the elephants
feet and limbs -- climbing, digging, walking, wading into streams,
kicking logs, and foraging . . . "[^117]

Dr. Joyce Poole of the Amboseli Elephant Research Project in Kenya
agrees with Dr. Richardson's assessment. She explains:

> I believe that Toni's debilitating condition is caused by much more
> than an old leg injury. Her condition is indicative of many of the
> problems experienced by captive elephants and symbolizes the dismal
> consequences of long-term lack of space and movement. Unfortunately,
> Toni is yet one more statistic, adding to the overwhelming amount of
> empirical evidence, showing that elephants *do* need sufficient space
> and social and environmental enrichment to maintain agility and good
> physical health.[^118]

The elephants at the National Zoo, including Nancy and Toni, have had
ongoing foot and lameness problems for many years and the staff has even
suspected their living conditions as a cause of the problem. The medical
records show, however, that the zoo failed to act in accordance with AWA
regulations by removing the elephants from the inadequate living
conditions. As a result, both Nancy and Toni had to be euthanized. Given
this information, USDA should ensure that other elephants do not die at
National Zoo by immediately inspecting Ambika and the other elephant's
feet, medical records, and living conditions and require this zoo to
either significantly improve the conditions under which it confines
elephants, or relocate the elephants to a sanctuary where their needs
can be met.

The *[Lee Richardson Zoo]{.underline}* has two African elephants, Chana
and Moki, who have suffered from foot problems and lameness since at
least 1993. These elephants are housed on hard concrete flooring and in
extremely small enclosures. The two indoor enclosures are 363 and 427
square feet.[^119] The medical records from this zoo reveal that the
elephants' feet are in poor condition and cite to their living
conditions as possible causes.[^120] For instance, the staff identified
that the pads on the elephants' feet had "deteriorated from being on wet
cement so much of the time."[^121]

The elephants at this zoo have had ongoing foot and lameness problems
for at least 12 years and the staff has suspected their living
conditions as a cause of the problem, however, the medical records show
that the zoo has not acted in accordance with AWA regulations by
removing the elephants from the inadequate living conditions. Given this
information, USDA should immediately inspect the elephants' feet,
medical records, and living conditions. Based upon this information,
USDA must require this zoo to either significantly improve the
conditions under which it confines elephants, or relocate them to a
sanctuary where their needs can be met.

The *[Abilene Zoo]{.underline}* has two African elephants, Tanzy and
Tanya, with foot problems. The elephants are housed in extremely small
enclosures that consist of a 360 and a 324 square feet stalls.[^122] As
with the Lee Richardson Zoo, the staff at this zoo highlights the
inadequate living conditions. The medical records for Tanya state that
the elephant's feet reveal "definite signs of standing in excess water
for extended periods of time."[^123]

On an inspection of the zoo in November 2004, the American Zoo and
Aquarium Association noted that the floors of the barn were not sloped
enough to allow urine and water to run off the floor "forcing the
elephants to stand in moisture during the time they are in the
barn."[^124] To prevent these elephants from continuing to suffer from
foot problems caused by their wet flooring and small enclosures, USDA
should immediately inspect this exhibitor and require that this zoo act
consistently with AWA regulations by not holding these elephants in
inadequate conditions.

The *[Reid Park Zoo]{.underline}* elephants, Shaba and Connie, both
suffer from recurring foot problems since at least 2000. The indoor
enclosure is 1390 square feet and the outdoor enclosure is only
approximately 1/3 of an acre.[^125] The zoo staff admits that Connie has
chronic problems with her feet.[^126] Zoo records also include an
Elephant Management Plan that highlights recommendations from a group of
elephant experts called the Elephant Taxon Advisory Group. They
recommend larger complex exhibits to allow the elephants to be more
active which is needed for their well-being.[^127] In reviewing the
recurring foot problems with these elephants and the zoo's small
enclosures, it is evident that this zoo is not acting in accordance with
USDA's space and conditions regulations. Thus, USDA should inspect these
facilities and require the zoo to act consistently with USDA regulations
by requiring that zoo give these elephants adequate space and living
conditions or relocate them to a sanctuary.

The *[Los Angeles Zoo's]{.underline}* Asian elephant, Gita, has suffered
from foot problems since at least 1977. In 1993, the staff noted that
her foot problems were chronic.[^128] Although the Los Angeles Zoo has
made changes to the living conditions for the elephants, such as giving
the elephants access to the yard at night and heating the barn floors,
Gita still suffers from ongoing chronic foot problems.[^129] Les
Schobert, a former general curator at this zoo believes that Gita
continues to suffer from foot problems because "for many years she was
confined in a small enclosure and lived on hard concrete flooring"[^130]
and continues to live in conditions that do not meet her needs.
Specifically, Gita lives in a very small enclosure. She shares
approximately 6,000 square feet with another elephant and stands on hard
concrete flooring and hard compacted soil.[^131] Because Gita's
condition has been ongoing for at least 27 years, the USDA must inspect
this zoo by examining Gita's feet, reviewing the medical records, and
assessing her living conditions. Clearly, the changes this zoo made have
not been sufficient to improve Gita's condition. USDA needs to act in
accordance with its adequate space and conditions regulations by
requiring this zoo to make more significant improvements to Gita's
living condition or move her to a sanctuary environment that will
benefit her health.

The *[Cameron Park Zoo's]{.underline}* African elephants, Tembo and Zoe,
both suffer from recurring foot and lameness problems. These problems
have been ongoing since at least 1998 for Tembo and 1999 for Zoe. The
zoo staff recognizes that the major causes of foot problems include,
inadequate exercise and wear on the feet, hard substrates, obesity, and
wet and/or dirty conditions.[^132] Although the staff understands the
causes of foot problems, it is not evident that any changes have been
made in their living conditions. Therefore, USDA should inspect this
zoo's living conditions and the condition of the elephants' feet and
then recommend changes in the living conditions by either significantly
improving conditions at the zoo or transferring the elephants to a
sanctuary to meet the elephants' needs.

The zoos identified above are just a small sampling of the zoos that are
currently housing elephants with serious foot and joint problems under
inadequate conditions. The record shows that after living under these
inadequate conditions for numerous years, the elephants' health will
eventually fail to such an extent that they will either die or must be
euthanized.[^133]

**EXAMPLES OF ELEPHANT DEATHS FROM FOOT AND JOINT**

**RELATED PROBLEMS**

+----------+------+-----------------------+-------+------------------+
| **Name** | **A  | **Cause of Death**    | *     | **Circus/Zoo**   |
|          | ge** |                       | *Year |                  |
|          |      |                       | of    |                  |
|          |      |                       | De    |                  |
|          |      |                       | ath** |                  |
+----------+------+-----------------------+-------+------------------+
| N'Jogu   | 18   | Euthanized, leg       | 1977  | LA Zoo           |
|          |      | problems              |       |                  |
+----------+------+-----------------------+-------+------------------+
| Joyce I  | 34   | Euthanized, foot      | 1979  | LA Zoo           |
|          |      | problems              |       |                  |
+----------+------+-----------------------+-------+------------------+
| Gabriel  | 11   | Euthanized, leg       | 1983  | Portland Zoo     |
|          |      | problems              |       |                  |
+----------+------+-----------------------+-------+------------------+
| Sage     | 14   | Euthanized, broken    | 1984  | LA Zoo           |
|          |      | leg                   |       |                  |
+----------+------+-----------------------+-------+------------------+
| Kita     | 32   | Euthanized,           | 1989  | Detroit Zoo      |
|          |      | arthritis, pneumonia  |       |                  |
+----------+------+-----------------------+-------+------------------+
| Sue      | 46   | Euthanized, chronic   | 1989  | Sacramento Zoo   |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| Babe     | 44   | Euthanized, severe    | 1990  | Brookfield Zoo   |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| Lisa     | 32   | Euthanized, foot      | 1990  | Bowmanville Zoo  |
|          |      | problems              |       |                  |
+----------+------+-----------------------+-------+------------------+
| Mtoto    | 22   | Euthanized, severe    | 1992  | Brookfield Zoo   |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| Nosey    | 47   | Euthanized, severe    | 1993  | Chaffee Zoo      |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| Ted      | 5 or | Euthanized, broken    | 1993  | Double M Ranch   |
|          | 6    | leg                   |       |                  |
+----------+------+-----------------------+-------+------------------+
| Lois     | 24   | Infection in right    | 1994  | Ralph Mitchel    |
|          |      | front foot            |       | Zoo              |
+----------+------+-----------------------+-------+------------------+
| Tanga    | 18   | Euthanized, severe    | 1994  | Wildlife Safari  |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| Lois     | 24   | Foot infection spread | 1995  | Circus           |
|          |      | through her whole     |       |                  |
|          |      | body                  |       |                  |
+----------+------+-----------------------+-------+------------------+
| Penny    | 41   | Euthanized, severe    | 1995  | San Francisco    |
|          |      | arthritis             |       | Zoo              |
+----------+------+-----------------------+-------+------------------+
| Missy    | 35   | Euthanized, chronic   | 1997  | Detroit Zoo      |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| Ola      | 40   | Tranquilized for foot | 1997  | Clyde Beaty Cole |
|          |      | surgery, died 29 days |       | Circus           |
|          |      | later                 |       |                  |
+----------+------+-----------------------+-------+------------------+
| Ginny    | 50   | Euthanized, chronic   | 1998  | Marine World     |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| Bertha   | 48   | Old age and arthritis | 1999  | Nugget Hotel     |
|          |      | complications         |       | Casino           |
+----------+------+-----------------------+-------+------------------+
| Judy     | 33   | Euthanized,           | 1999  | Marine World     |
|          |      | deformities in rear   |       |                  |
|          |      | legs                  |       |                  |
+----------+------+-----------------------+-------+------------------+
| F Asian  | ?    | Euthanized,           | 1999  | Feld             |
| Elephant |      | osteoarthritis in     |       | Entertainment    |
|          |      | many                  |       |                  |
|          |      | joints/tuberculosis   |       | (Ringling)       |
+----------+------+-----------------------+-------+------------------+
| Dancer   | 16   | Euthanized, legs in   | 2000  | Black Beauty     |
|          |      | poor condition        |       | Ranch            |
+----------+------+-----------------------+-------+------------------+
| Nancy    | 46   | Euthanized, chronic   | 2000  | National Zoo     |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| F Asian  | ?    | Euthanized,           | 2000  | Feld             |
| Elephant |      | degenerative          |       | Entertainment    |
|          |      | osteoarthritis        |       |                  |
|          |      |                       |       | (Ringling)       |
+----------+------+-----------------------+-------+------------------+
| Candy    | 49   | Euthanized, severe    | 2001  | Denver Zoo       |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| F Asian  | ?    | Euthanized, chronic   | 2001  | Feld             |
| Elephant |      | osteoarthritis        |       | Entertainment    |
|          |      |                       |       | (Ringling)       |
+----------+------+-----------------------+-------+------------------+
| F Asian  | ?    | Euthanized, chronic   | 2001  | Feld             |
| Elephant |      | osteoarthritis        |       | Entertainment    |
|          |      |                       |       |                  |
|          |      |                       |       | (Ringling)       |
+----------+------+-----------------------+-------+------------------+
| Cindy    | 40   | Euthanized, severe    | 2002  | Point Defiance   |
|          |      | arthritis             |       | Zoo              |
+----------+------+-----------------------+-------+------------------+
| King     | 57   | Euthanized, had       | 2002  | Feld             |
| Tusk     |      | osteoarthritis        |       | Entertainment    |
|          |      |                       |       | (Ringling) s     |
+----------+------+-----------------------+-------+------------------+
| Casey    | 52   | Age and foot          | 2003  | Kansas City Zoo  |
|          |      | infections            |       |                  |
+----------+------+-----------------------+-------+------------------+
| Tammy    | 53   | Euthanized, chronic   | 2003  | Paws             |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| F Asian  | ?    | Euthanized,           | 2003  | Feld             |
| Elephant |      | osteoarthritis        |       | Entertainment    |
|          |      |                       |       | (Ringling)       |
+----------+------+-----------------------+-------+------------------+
| F Asian  | ?    | Euthanized,           | 2004  | Feld             |
| Elephant |      | osteoarthritis        |       | Entertainment    |
|          |      |                       |       | (Ringling        |
+----------+------+-----------------------+-------+------------------+
| Calle    | 37   | Euthanized, chronic   | 2004  | San Francisco    |
|          |      | arthritis             |       | Zoo              |
+----------+------+-----------------------+-------+------------------+
| Tina     | 34   | Foot problems         | 2004  | The Elephant     |
|          |      |                       |       | Sanctuary (from  |
|          |      |                       |       | Vancouver Zoo)   |
+----------+------+-----------------------+-------+------------------+
| Ginny    | 58   | Euthanized, chronic   | 2004  | San Antonio Zoo  |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| Kali     | 59   | Euthanized, chronic   | 2004  | Hogle Zoo        |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+
| Tin      | 39   | Euthanized, chronic   | 2005  | San Francisco    |
| kerbelle |      | foot problems         |       | Zoo/PAWS         |
+----------+------+-----------------------+-------+------------------+
| Toni     | 39   | Euthanized, severe    | 2006  | National Zoo     |
|          |      | arthritis             |       |                  |
+----------+------+-----------------------+-------+------------------+

In conclusion, to end the painful foot and joint conditions suffered by
elephants and to prevent further elephant deaths due to foot and joint
problems, USDA should begin its inspections with the zoos identified in
this petition and then proceed to inspect all exhibitors with elephants.
Because these health problems are wide-spread among exhibited elephants,
it is important that USDA give high priority to inspecting all
exhibitors with elephants. Petitioner requests that USDA thoroughly and
regularly examine the feet of exhibited elephants and their medical
records. If the elephants continue to suffer from chronic foot and joint
problems, USDA needs to act in accordance with its regulations by
requiring that the zoos either improve their conditions immediately or
send the elephants to a better environment that can meet their
physiological and psychological needs such as a sanctuary.

**III.** **ENVIRONMENTS SUCH AS SANCTUARIES HAVE HELPED ALLEVIATE AND
EVEN ELIMINATE CHRONIC FOOT AND JOINT PROBLEMS IN ELEPHANTS.**

Sanctuaries are alleviating and even eliminating foot and joint problems
in elephants. The physical improvements in elephants who are moved from
zoos and circuses to sanctuaries is strong evidence to support the
correlation between foot and joint problems in elephants and inadequate
space and conditions at zoos. As a result, zoos that are unable to
immediately modify their living conditions to improve the health of
their elephants should act consistently with the AWA regulations by
relocating their elephants to sanctuaries where the elephants' needs can
be met.

Examples of elephant sanctuaries in the United States are the Elephant
Sanctuary in Hohenwald, Tennessee and the Performing Animal Welfare
Society (PAWS) Sanctuary in San Andreas, California. Both offer spacious
natural surroundings, state-of-the-art indoor facilities, and skilled
veterinary care to assist the elephants in their recoveries. The
elephants that arrived at these sanctuaries after suffering from foot
and joint disease for numerous years at zoos or circuses either improved
significantly or recovered completely after being able to exercise in
sufficient space and having adequate living conditions.

(a) **[The Elephant Sanctuary]{.underline}**

The Elephant Sanctuary encompasses 2700 acres, making it the nation's
largest natural habitat refuge developed specifically for the
rehabilitation of endangered Asian and African elephants living in
captivity.[^134] This amount of space gives the elephants sufficient
room to roam, explore, and exercise. The Elephant Sanctuary is licensed
by the USDA and Tennessee Wildlife Resources Agency[^135] and currently
contains eleven elephants.[^136] The 2700 acres is divided into two
separate habitats of 2400 acres for the eight Asian elephants and 300
acres for the three African elephants.[^137] The outdoor habitat of the
elephants is comprised of green pastures, old-growth forests, and
spring-fed ponds.[^138] The Elephant Sanctuary is 450 times larger than
the largest zoo exhibit housing elephants. In contrast to most zoos,
where elephants are confined for at least 16 hours standing in their own
waste, the elephants at the sanctuary have constant free access to their
shelter and outdoor habitat, allowing them to walk whenever they want
for many miles each day on natural substrates.[^139] The Asian elephants
currently have access to a 11,250 square foot heated barn, and a new
20,000 square foot barn is expected to be completed by October 2005. The
African elephants have access to a 10,125 square foot barn.[^140] The
indoor flooring of the barns are concrete covered with rubber matting,
equipped with radiant heat, and pitched to the back for drainage.[^141]
The elephants have constant access to the barns and may enter and leave
at their own discretion.[^142]

By providing adequate space and living conditions, elephants at
sanctuaries are recovering from foot and joint problems. These changes
in their physical conditions are directly attributed to the changes in
their living conditions. An examination of an elephant's foot condition
is a good way to determine if the elephant's living conditions are in
balance with the elephant's needs.[^143] The co-founder of the Elephant
Sanctuary explains that even a moderately active elephant in a
natural-habitat environment requires little foot care, and the time that
is required for an unhealthy foot to return to health in a
natural-habitat environment is relatively short.[^144] She further
explains that healing can be complete within a few months, and there is
generally no reoccurrence of the foot problem.[^145] Her statements are
supported by her own observations of elephants at the sanctuary. Seven
of the eleven elephants at the sanctuary were suffering from severe foot
and joint problems while in captivity, but at the sanctuary they have
experienced major improvements in their conditions.[^146] These include:

1\. Tarra performed in zoos and circuses for 21 years, where she
suffered from periodic arthritis in her right wrist. This condition has
not been observed since her arrival at the sanctuary, where she remains
extremely active by walking miles each day up steep hills.[^147]

2\. Jenny was with a circus before coming to the sanctuary. She suffered
from a knee injury and foot rot prior to her transfer. Before coming to
the sanctuary she was exposed to below-freezing temperatures at night
and was housed in a dilapidated facility where she regularly stood in
her own waste and received inadequate care.[^148] Although the knee
injury is permanent, her strength and mobility has improved enough for
her to climb mountains and maintain a level of activity that has
alleviated the need for foot and nail trimmings.[^149] She has benefited
greatly from the large amount of space at the sanctuary.[^150]

3\. Shirley, one of the oldest elephants at the Sanctuary at age 58, had
leg injuries and uneven wear on her foot pads and nails as a result of
30 years in the circus and 23 years in a zoo. Since her arrival at the
sanctuary, she has been very active and appears to have no discomfort in
her crippled leg, and her nails and pads no longer require
trimming.[^151]

4\. Bunny lived in a zoo for 45 years, where hard packed earth and
concrete flooring caused foot infections that lasted nearly 20 years. At
the sanctuary, she was treated with foot soaks in apple cider vinegar
(instead of the industry standard of Epsom salts) and other homeopathic
remedies. The natural substrates at the sanctuary allowed her feet to
recover and prevented the problem from reoccurring, and within six
months, her foot infections that she had suffered from for 20 years had
healed.[^152] The co-founder of the sanctuary explains that getting her
off of concrete and onto more yielding natural surfaces allowed her feet
to recover and prevented the problem from recurring.[^153] She believes
that the "sanctuary environment has reversed a condition that would have
eventually cost Bunny her life."[^154]

5\. During her 30 years at zoos, Sissy suffered from a chronic split
nail that healed within six months of proper care and from living at the
sanctuary.[^155]

6\. Winkie lived at a zoo for 30 years that kept her chained indoors for
six months out of the year. Because she lived in an antiquated zoo
exhibit, USDA, consistent with the approach requested by petitioners,
told the exhibitor that they needed to improve the exhibit or relocate
their elephants. The zoo did not have the funds to improve the exhibit
and thus Winkie was transferred to the sanctuary. Upon arriving to the
sanctuary, it was determined that she was suffering from severe
osteoarthritis and osteomyelitis (bone infections in her feet). Although
Winkie still exhibits periodic stiffness, her foot infection cleared-up
after several months of treatment at the sanctuary.[^156]

7\. After performing in the circus for over 50 years, Delhi became the
first elephant ever to be confiscated by the USDA when an employee of
Hawthorn Corporation soaked her feet in full strength formaldehyde,
causing severe chemical burns that almost killed her. Delhi was crippled
when she arrived at the sanctuary but began to recover, and after 16
months, she no longer needed hospice care. She has become very active
and walks many miles each day, which has improved her health and slowed
the advancement of her osteomyelitis.[^157]

8\. Zula lived in a wild animal park and was moved to the sanctuary
because the director felt that the facilities were not adequate. She
arrived with a history of hip problems but after several months of
increased activity, her range of motion has improved. She now walks
through terrain that she was not able to walk over in the past.[^158]

The indoor and outdoor space provided at the sanctuary allows the
elephants to roam and exercise freely, which greatly improves their
health and well-being. These examples show that when elephants are
provided with adequate space and living conditions, their feet and
joints are able to heal even when they have been suffering from chronic
conditions for many years.

(b) **[PAWS Sanctuary]{.underline}**

The PAWS sanctuary also provides sufficient space for elephants to roam,
explore, and exercise by providing 2300 acres for abused, neglected, and
abandoned animals.[^159] The sanctuary is currently home to eight
elephants that have access to 175 acres of outdoor terrain that consists
of rolling hills, grass, and some rocky areas.[^160] Not only do the
elephants have constant access to adequate outdoor space, but they also
have unrestricted 24-hour access to a large amount of indoor space in
the two barns, which are each 20,000 square feet with hydraulic gates
and an indoor Jacuzzi pool.[^161] This large amount of indoor and
outdoor space gives the elephants enough room to move away from their
waste and urine, thereby keeping their feet away from harmful bacteria
that cause infections. The African elephant barn has heated concrete
floors that are sloped for proper drainage, and the Asian elephant barn
has dirt floors to provide a more natural substrate.[^162] The elephants
at the sanctuary receive 24 hour monitoring from trained staff and
medical care from veterinarians who are experienced with treating
tuberculosis and foot problems.[^163]

Founder and director Pat Derby, who has worked with elephants for 35
years,[^164] has observed that many of the elephants kept at zoos
accredited by the AZA have severe foot and joint problems, yet when the
elephants are transferred to the PAWS sanctuary and given adequate space
and living conditions, they have shown great improvements in their
health.[^165] The elephants at the sanctuary are:

1\. Annie is a 49 year old Asian elephant that came to the sanctuary in
1994 from the Milwaukee County Zoo.[^166] She lived at the Milwaukee
County Zoo, an AZA- accredited facility, where they were confined with
chains on cold, wet concrete in an antiquated, undersized
enclosure.[^167] The Milwaukee County Executives mandated the transfer
of Annie to the PAWS Sanctuary in Galt, CA after viewing videotapes of
the zoo's inhumane training sessions.[^168] Annie suffered from
arthritis and major foot problems, which began to improve during her
time at the PAWS Galt facility, where she was allowed to roam free on
1.5 acres of grassy pastureland and soft clay. She is now at the PAWS
sanctuary in San Andreas, CA and has a very large area of natural
substrate, which has allowed her condition to improve greatly.[^169]

2\. Minnie is a 50-year-old Asian elephant who traveled with the circus
most of her life. She had chronic joint problems and a very stiff right
front leg when she arrived at the sanctuary. Her condition has greatly
improved as a result of her uninhibited access to large areas of natural
substrate.[^170]

3\. As discussed above, the San Francisco Zoo chose to retire
Tinkerbelle and Lulu to the sanctuary. Tinkerbelle had such severe foot
problems that she had trouble walking, and unfortunately her condition
was so far deteriorated that she had to be euthanized shortly after her
transfer to the sanctuary.[^171] Lulu, who suffered from recurring foot
problems while at the San Francisco Zoo,[^172] is adjusting to life at
the sanctuary and currently has no foot or joint problems.[^173]

4\. Also discussed above, the Detroit Zoo transferred its elephants,
Wanda and Winky, to the PAWS sanctuary.[^174] Detroit Zoo Director Ron
Kagan believed that the zoo could not properly care for and house the
elephants during the cold months, when they cannot get outside for
adequate exercise.[^175] Wanda and Winky suffered from chronic arthritis
and foot abscesses, but since their transfer to the sanctuary, both
elephants' conditions have improved greatly as a result of being able to
move around freely outdoors on natural substrates.[^176]

5\. Mara and "71" are elephants who do not suffer from any foot or joint
problems, as a result of having adequate living conditions and access to
sufficient space to move and exercise. Mara lived for a short time at a
zoo where she was chained, but was soon transferred to a larger facility
that provided her with freedom to move. She was 10 years old when she
came to the sanctuary, and does not have any foot or joint
problems.[^177] "71" has lived her whole life at the sanctuary, and has
never been confined to small spaces. Because of her unrestricted freedom
of movement and adequate living conditions, she has had no foot or joint
problems.[^178]

These sanctuary examples show that elephants' feet and joint problems
can improve when they are given enough space to exercise and adequate
living conditions.[^179] The conditions at the sanctuaries providing
large areas of natural substrate, sanitary conditions, and free access
to habitat and shelter are similar to the natural conditions that
elephants experience in the wild. Such conditions are thus able to meet
the elephants' biological and behavioral needs, unlike the hard
flooring, unclean living conditions, and small enclosures that are
provided at most zoos. Therefore, when zoos cannot provide adequate
space or conditions for elephants, the elephants should be placed in
sanctuaries because it has been proven that sanctuaries can provide the
physiological and psychological needs of elephants and thereby, improve
their health.

**IV. CONCLUSION**

This petition highlights only a small sampling of the zoos where
elephants have chronic foot and joint problems.[^180] The problem is
wide-spread among exhibited elephants. For the reasons contained herein,
petitioner respectfully requests that the USDA issue an interpretive
rule and enforce the Animal Welfare Act and USDA's regulations by
requiring that zoos that exhibit elephants fully comply with the
agency's adequate space and conditions regulations. Specifically,
petitioner seeks the following:

(1) USDA should issue an interpretive rule[^181] explaining its adequate
    space and conditions rules for elephants at zoos, circuses and other
    exhibitors. Petitioner requests that the interpretive rule specify
    the following:

> \(a\) Inadequate space provided for captive elephants (including
> indoor and outdoor enclosures) and inadequate conditions (including
> amount of time confined, type of substrate, and cleanliness of floors)
> cause foot and joint problems in elephants. The presence of foot and
> joint problems in elephants is a sign that exhibitors are not meeting
> the AWA's requirements for adequate space and conditions.
>
> \(b\) Elephant enclosures shall be large enough to allow exhibited
> elephants to exercise similarly to how elephants exercise in the wild;
>
> \(c\) In order for USDA to effectively enforce the adequate space and
> conditions rules, elephant exhibitors are required to send their
> medical records to USDA regional inspectors quarterly to review.
> Inspectors will review the records prior to visiting the exhibit and
> observe the physical condition of the elephant during their on-site
> inspections. This visual observation includes picking up the
> elephants' feet to observe problems with the feet; and
>
> \(d\) When the agency finds that elephants are suffering from chronic
> foot and joint problems, the agency will conclude that this is an
> indication of inadequate care, inadequate space and living conditions.
> USDA will cite violators of the adequate space and conditions
> regulations and require that the exhibitor enlarge the space and
> improve the conditions or move the elephants to a better environment,
> such as a sanctuary
>
> \(e\) The agency will consider exhibitors to be in violation of the
> adequate care, space and conditions regulations when elephants develop
> chronic foot problems, and the symptoms of those problems are treated
> (through the use of antibiotics, anti-inflammatory and pain-killing
> drugs) without addressing the cause (inadequate space and conditions).

(2) USDA should immediately inspect all elephant exhibitors beginning
    with the zoos discussed in this petition that currently have
    elephants suffering from chronic foot and joint problems and
    confiscate elephants in poor condition. These zoos include: National
    Zoo, Lee Richardson Zoo, Abilene Zoo, Reid Park Zoo, Los Angeles
    Zoo, and Cameron Park Zoo.

As required by 7 C.F.R. § 1.28, the USDA is required to give this
petition prompt consideration. Petitioner requests that the agency
provide an answer to this citizen petition within 180 days.

Respectfully submitted,

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Joseph Mendelson, III, Esq.

Tracie Letterman, Esq.

Andrew Kimbrell, Esq.[^182]

Kimbrell & Mendelson, LLP

660 Pennsylvania Ave., S.E.

Suite 302

Washington, DC 20003

\(202\) 547-6485

Filed: February 2, 2006

[^1]: "Congress shall make no law \... abridging \... the right of the
    people \... to petition Government for a redress of grievances."
    U.S. Const., amend. I. The right to petition for redress of
    grievances is among the most precious of the liberties safeguarded
    by the Bill of Rights. [United Mine Workers of America, Dist. 12 v.
    Illinois State Bar Ass'n]{.underline}, 389 U.S. 217, 222 (1967). It
    shares the "preferred place" accorded in our system of government to
    the First Amendment freedoms, and has sanctity and a sanction not
    permitting dubious intrusions. [Thomas v. Collins]{.underline}, 323
    U.S. 516, 530 (1945). "Any attempt to restrict those First Amendment
    liberties must be justified by clear public interest, threatened not
    doubtful or remotely, but by clear and present danger."
    [Id.]{.underline} The Supreme Court has recognized that the right to
    petition is logically implicit in, and fundamental to, the very idea
    of a republican form of government. [United States v.
    Cruikshank]{.underline}, 92 U.S. (2 Otto) 542, 552 (1875).

[^2]: 5 U.S.C. § 553(e).

[^3]: 7 C.F.R. § 1.28.

[^4]: 9 C.F.R. §§3.128, 2.131(c)(1).

[^5]: Petitioner notes that USDA has established animal welfare
    "policies." USDA explains that the majority of these "policies" are
    actually legally defined as "interpretive rules." USDA, [Animal Care
    Answers]{.underline}, [at]{.underline}
    <http://www.aphis.usda.gov/ac/q2.html> (last visited Aug. 25, 2004).

[^6]: Petitioner recommends that USDA thoroughly examine the feet of all
    exhibited elephants regularly and confiscate elephants in poor
    condition. 9 C.F.R. § 2.129.

[^7]: 9 C.F.R. §§ 3.128, 2.131(c)(1).

[^8]: [See]{.underline} [Adequate Enclosures for Flying Species and
    Aquatic Species]{.underline}, Animal Care Resource Guide, Policy #24
    (Oct. 13, 1998).

[^9]: [See]{.underline} 9 C.F.R. § 2.131(d)(1).

[^10]: AZA, [Standards for Elephant Management and Care]{.underline}
    (last updated May 5,2003)(describing conditions that must be met by
    exhibitors including, outdoor surfaces must consist primarily of
    natural substrate with good drainage and enclosures must be cleaned
    of excrement regularly)

[^11]: Poole Dec. ¶ 15.

[^12]: [See]{.underline} Schmidt Decl. ¶ 2.

[^13]: Gary West, [Occurrence and Treatment of Nail/Foot Abscesses, Nail
    Cracks, and Sole Abscesses in Captive Elephants]{.underline},
    [in]{.underline} [The Elephant's Foot: Prevention and Care of Foot
    Conditions in Captive Asian and African Elephants]{.underline} 93
    (Blair Csuti, et al., eds., 2001) \[hereinafter "West, The
    Elephant's Foot"\].

[^14]: [See e.g.]{.underline} Schobert Decl. ¶¶ 8-9; Schmidt Decl. ¶¶
    6-7,12; Alan Roocroft and James Oosterhuis, [Foot Care for Captive
    Elephants]{.underline}, [in]{.underline} [The Elephant's Foot:
    Prevention and Care of Foot Conditions in Captive Asian and African
    Elephants]{.underline} 22 (Blair Csuti, et al., eds., 2001)
    \[hereinafter "Roocroft and Oosterhuis, The Elephant's Foot"\].

[^15]: [See]{.underline} Murray E. Fowler, [An Overview of Foot
    Conditions in Asian and African Elephants]{.underline},
    [in]{.underline} [The Elephant's Foot: Prevention and Care of Foot
    Conditions in Captive Asian and African Elephants]{.underline} 5
    (Blair Csuti, et al., eds., 2001) \[hereinafter "Fowler, The
    Elephant's Foot"\]; West, The Elephant's Foot, [supra]{.underline}
    note 13 at 93.

[^16]: Schmidt Decl. ¶¶ 2, 6.

[^17]: [See]{.underline} Roocroft and Oosterhuis, The Elephant's Foot,
    [supra]{.underline} note 14 at 22. Excessive walking by elephants on
    hard surfaces causes the pads to wear too thin. [Id.]{.underline} at
    39; Schobert Decl. ¶¶ 8-9 (explaining that standing on concrete does
    not wear elephants' pads evenly).

[^18]: Roocroft and Oosterhuis, The Elephant's Foot, [supra]{.underline}
    note 14 at 37.

[^19]: [See]{.underline} In Defense of Animals, [Save Zoo Elephants:
    Elephant Bios]{.underline}, [at]{.underline}
    <http://www.savesfzooelephants.com/maybelle_bio.html> and
    <http://www.savesfzooelephants.com/calle_bio.html> (last visited May
    18, 2005).

[^20]: [See]{.underline} [San Francisco Zoo Decides to Relocate
    Elephants Because of Poor Facilities]{.underline}, Associated Press,
    (May 6, 2004), [available at]{.underline}
    <http://www.elephants.com/news/globalnews.php?newsSubCategory_id=3#17>.
    \[hereinafter "Relocate Elephants"\].

[^21]: [See]{.underline} Press Release, San Francisco Zoo, [Asian
    Elephant Tinkerbelle Is Euthanized]{.underline} (March 25, 2005),
    [available at]{.underline}
    <http://www.sfzoo.org/generated/pressReleases/285Tinkerbelle.pdf>
    \[hereinafter Tinkerbelle Euthanized\].

[^22]: Richard Farinato, [Detroit Zoo Sends Its Elephants Packing.
    Should Other Zoos Follow Suit?]{.underline} Humane Society of the
    U.S., May 27, 2004, [at]{.underline}
    <http://www.hsus.org/wildlife/wildlife_news/detroit_zoo_sends_its_elephants_packing_should_others_follow_suit.html>
    \[hereinafter "HSUS"\].

[^23]: [See]{.underline} Marc Kaufman, [Detroit Zoo's Elephants to
    Retire to Calif.]{.underline}, Wash. Post, Dec. 7, 2004, at A3
    \[hereinafter "Kaufman"\].

[^24]: HSUS, [supra]{.underline} note 22.

[^25]: [See]{.underline} Kaufman, [supra]{.underline} note 23.

[^26]: Hugh McDiarmid, Jr. [Detroit Zoo to Free Elephants: Animals going
    to a refuge]{.underline}, (May 20, 2004), [available at]{.underline}
    <http://circuswatchwa.org/news/detroit_zoo_frees_elephants.htm>

[^27]: [Id.]{.underline}

[^28]: [See]{.underline} [id.]{.underline}

[^29]: Buckley Decl. ¶ 8.

[^30]: [See]{.underline} Schmidt Decl. ¶ 13.

[^31]: [See]{.underline} petitioners request [infra]{.underline} at pp
    2-3.

[^32]: [See]{.underline} 9 C.F.R. §§ 3.128, 2.131(c)(1).

[^33]: [See]{.underline} [Space and Exercise Requirements for Traveling
    Exhibitors]{.underline}, Animal Care Resource Guide, Policy #6 (Oct.
    13, 1998).

[^34]: [See]{.underline} [Adequate Enclosures for Flying Species and
    Aquatic Species]{.underline}, Animal Care Resource Guide, Policy #24
    (Oct. 13, 1998).

[^35]: 9 C.F.R. § 3.128.

[^36]: 9 C.F.R. § 2.131(d)(1).

[^37]: [Id.]{.underline} § 2.131(e).

[^38]: [See]{.underline} Schmidt Decl. ¶¶ 2, 12; Fowler, The Elephant's
    Foot, [supra]{.underline} note 15 at 3, 5-6 (stating that "\[f\]oot
    problems constitute the single most important ailment of captive
    elephants. More caretaker time is spent caring for feet than on any
    other task, except feeding and cleaning").

[^39]: Katharina M. Hittmair, [et]{.underline} [al.]{.underline},
    [Radiographic Diagnosis of Lameness in African
    Elephants]{.underline} *(Loxodonta Africana),* 41 Vet Radiol. &
    Ultrasound 511-15 (Nov./Dec. 2000)\[hereinafter "Radiographic
    Diagnosis"\]

[^40]: Foot problems in older elephants pose serious risks. Elephant
    experts explain that "\[o\]steomyelitis in the bones of the feet of
    older elephants has been a significant cause of mortality in the
    over 40-year age group. The best method of treating osteomyelitis is
    to take preventive measures to keep the infection from occurring in
    the first place." Laurie J. Gage, David Blasko, and the Elephant
    Staff from Six Flags Marine World, Address at the U.C. Davis
    Workshop, [Elephants: Behavioral, Ecological, and Cultural
    Perspectives]{.underline} (October 28, 2000) (abstract available at
    <http://www.vetmed.ucdavis.edu/CCAB/abstra~1.htm> ) \[hereinafter UC
    Davis Workshop\].

[^41]: [See]{.underline} Schmidt Decl. ¶ 6.

[^42]: UC Davis Workshop, [supra]{.underline} note 40.

[^43]: [See]{.underline} Norie Dimeo-Ediger, [Results of a Survey of
    Elephant Foot Condition and Care in North America]{.underline},
    [in]{.underline} [The Elephant's Foot: Prevention and Care of Foot
    Conditions in Captive Asian and African Elephants]{.underline} 153
    (Blair Csuti, et al., eds., 2001) \[hereinafter "Dimeo-Ediger, The
    Elephant's Foot"\]. Although over half of those surveyed saw a
    relationship between concrete flooring and foot disease, over half
    of those surveyed also thought it was a low priority to change
    indoor flooring. [Id.]{.underline} Clearly, many zoos are not acting
    to change the living conditions of elephants to provide for their
    well-being. This action is inconsistent with the AWA regulations
    which need to be aggressively enforced by USDA.

[^44]: [See]{.underline} Schmidt Decl. ¶ 6.

[^45]: [See]{.underline} Carol Buckley, [Captive Elephant Foot Care:
    Natural-Habitat Husbandry Techniques]{.underline}, [in]{.underline}
    [The Elephant's Foot: Prevention and Care of Foot Conditions in
    Captive Asian and African Elephants]{.underline} 53 (Blair Csuti, et
    al., eds., 2001) \[hereinafter "Buckley, The Elephant's Foot"\]
    (explaining that "my experience has been with captive elephants in
    zoo and circus environments. Because many of these elephants are
    restrained by chains for many hours and housed in relatively small
    concrete or dirt yards or in barns with concrete floors, they will
    require more foot care than elephants living in a natural-habitat
    environment.").

[^46]: [See]{.underline} Roocroft and Oosterhuis, The Elephant's Foot,
    [supra]{.underline} note 14 at 39.

[^47]: Schmidt Decl. ¶ 6 (emphasis added).

[^48]: [Id.]{.underline}

[^49]: Roocroft and Oosterhuis, The Elephant's Foot, [supra]{.underline}
    note 14 at 22, 45 (listing actions to prevent abscesses, including
    "allowing the elephant to live on soft, yielding surfaces").

[^50]: UC Davis Workshop, [supra]{.underline} note 40.

[^51]: [See]{.underline} Roocroft and Oosterhuis, The Elephant's Foot,
    [supra]{.underline} note 14 at 22; Schobert Decl. ¶ 8.

[^52]: [See]{.underline} Schmidt Decl. ¶ 7.

[^53]: [See]{.underline} [id.]{.underline} at ¶ 8.

[^54]: [Id.]{.underline}

[^55]: Roocroft and Oosterhuis, The Elephant's Foot, [supra]{.underline}
    note 14 at 21.

[^56]: UC Davis Workshop, [supra]{.underline} note 40.

[^57]: [See]{.underline} [Guide to Accreditation of Zoological Parks and
    Aquariums]{.underline}, American Zoo and Aquarium Association, 54
    (2005), [available at]{.underline}
    <http://www.aza.org/Accreditation/Documents/AccredGuide.pdf> (last
    visited May 1, 2005).

[^58]: Schobert Decl. ¶ 13.

[^59]: RSPCA, [Live Hard, Die Young: How Elephants Suffer in
    Zoos]{.underline}, 4-5, [available at]{.underline}
    <http://www.rspca.org.uk/servlet/Satellite?pagename=RSPCACampaigns/Elephants/FactsAndReports&articleid=1024473728261>
    (last visited May 18, 2005) \[hereinafter RSPCA Study\].

[^60]: [See]{.underline} Schobert Decl. ¶ 13. In addition to foot
    problems, elephants in small enclosures at zoos also may exhibit
    stereotypic behavior such as head bobbing, perpetual swaying, male
    masturbation, pulling on teeth,

    and sticking trunk in between tusk. I[d.]{.underline} ¶ 11.

[^61]: [See]{.underline} Poole Decl. ¶ 17.

[^62]: [Id.]{.underline} ¶ 18.

[^63]: [Id.]{.underline} ¶ 24.

[^64]: [Id.]{.underline} ¶ 19.

[^65]: [Id.]{.underline} ¶ 20.

[^66]: [Id.]{.underline} ¶ 21.

[^67]: [See]{.underline} Schmidt Decl. ¶ 4.

[^68]: [Id.]{.underline}

[^69]: [See]{.underline} Schobert Decl. ¶ 12. [See also]{.underline}
    RSPCA Study, [supra]{.underline} note 59 at 10 (explaining that
    elephants "must be able to have a good quality of life whatever the
    weather" and the RSPCA recommends that the indoor space requirements
    should be at least equivalent to the AZA/EAZA minimum requirements
    for outdoor space).

[^70]: [See]{.underline} Hugh McDiarmid Jr., [Detroit Zoo to Free
    Elephants: Animals Going to a Refuge]{.underline}, Detroit Free
    Press, (May 20, 2004), [available at]{.underline}
    <http://www.freep.com/news/metro/zoo20_20040520.htm>

[^71]: Schmidt Decl. ¶ 3.

[^72]: [See]{.underline} Dimeo-Ediger, The Elephant's Foot,
    [supra]{.underline} note 43 at 153.

[^73]: [Id.]{.underline} The Dallas Zoo Elephant Foot Care Policy
    identifies several risk factors for the development of foot problems
    including, hard substrates, moist and/or dirty environmental
    conditions, and a sedentary lifestyle. Dallas Zoo, Exhibit 1a.

[^74]: [See]{.underline} Schmidt Decl. ¶ 4; RSPCA Study,
    [supra]{.underline} note 59 at 6.

[^75]: [See]{.underline} Roocroft and Oosterhuis, The Elephant's Foot,
    [supra]{.underline} note 14 at 22.

[^76]: [See, e.g.,]{.underline} Schmidt Decl. ¶ 15 (explaining that a
    zoological park should have 1280 acres land with variable terrain
    for a heard of 10-20 elephants).

[^77]: [See]{.underline} Schmidt Decl. ¶ 16; Schobert Decl. ¶ 15; [See
    generally]{.underline} [The Elephant's Foot: Prevention and Care of
    Foot Conditions in Captive Asian and African Elephants]{.underline}
    (Blair Csuti, et al., eds., 2001); RSPCA Study, [supra]{.underline}
    note 59.

[^78]: [See]{.underline} Chart [infra]{.underline} pp 34-35.

[^79]: Robert Hollis, [Bay Area Zoo to Close Its Elephant Exhibit; After
    years of criticism and the deaths of two pachyderms, the remaining
    pair will be sent to other facilities]{.underline}, LA Times, May 9,
    2004, at B5.

[^80]: [Id.]{.underline}

[^81]: [Id.]{.underline}

[^82]: [See]{.underline} Radiographic Diagnosis, [supra]{.underline}
    note 39 (stating that "\[l\]ameness in captive elephants is most
    commonly caused by pododermatitis or degenerative joint disease.
    Hard surfaces such as concrete, which produce a damp and cold
    environment, wet and muddy conditions, as well as restricted
    movement are the major causes of these problems").

[^83]: 9 C.F.R. § 3.128.

[^84]: [See]{.underline} Sheldrick Decl. ¶ 4

[^85]: 9 C.F.R. § 2.131(c)(1).

[^86]: San Francisco Zoo, Maybelle's medical records, April 1, 2003,
    Exhibit 2a.

[^87]: Relocate Elephants, [supra]{.underline} note 20.

[^88]: Patricia Yollin, [Zoo to send 2 elephants to sanctuaries Director
    defies recommendation to ship pachyderms to other zoos]{.underline},
    SF Gate.com, (June 3, 2004), [available at]{.underline}
    <http://sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/06/03/BAG8L6VUAH1>\....

[^89]: [SF supes approve conditional ban on elephants at
    zoos]{.underline}, SFGate.com, (Dec. 7, 2004), [available
    at]{.underline}
    <http://sfgate.com/cgi-bin/article.cgi?file=/gate/archive/2004/12/07/elephants07.DTL&type>\...

[^90]: Tinkerbelle Euthanized, [supra]{.underline} note 21.

[^91]: Lulu's medical records indicate that she suffered from foot and
    lameness problems approximately 988 time from 1975 to 2004.

[^92]: Kaufman, [supra]{.underline} note 23.

[^93]: HSUS, [supra]{.underline} note 22.

[^94]: Hugh McDiarmid, Jr., [Detroit Zoo to Free Elephants: Animals
    going to a refuse]{.underline}," (May 20, 04), [available
    at]{.underline},
    <http://circuswatchwa.org/news/detroit_zoo_frees_elephants.htm>

[^95]: [Id.]{.underline}

[^96]: [See]{.underline} [id.]{.underline}

[^97]: 9 C.F.R. §§ 3.128, 2.131(c)(1), 2.131(e).

[^98]: Petitioners are aware that USDA is investigating the Lincoln Park
    Zoo. [See]{.underline} [Lincoln Park Zoo under scrutiny after 3 rare
    monkeys die]{.underline}, Associated Press, (May 13, 2005),
    [available at]{.underline}
    <http://abclocal.go.com/wls/news/print_051305_ns_lincoln_park_zooo.html>
    Petitioners argue that the elephants at this zoo should not have
    been permitted to be exhibited at this zoo because of the cold
    climate and inadequate living conditions. The elephants were housed
    in a small antiquated exhibit and had little movement during the
    cold winter months. These inadequate living conditions likely
    contributed to the death of the three elephants and therefore
    violate the AWA regulations. Petitioner recommends that no more
    elephants be allowed at this zoo.

[^99]: National Zoo, Nancy's medical records, August 22, 2000, Exhibit
    8a.

[^100]: National Zoo, Nancy's medical records, Exhibit 8b.

[^101]: National Zoo, Nancy's medical records, August 19, 2000, Exhibit
    8c.

[^102]: National Zoo, Nancy's medical records, January 26, 2000, Exhibit
    8d (Emphasis added).

[^103]: National Zoo, Nancy's medical records, Exhibit 8e.

[^104]: National Zoo, Nancy's medical records, Exhibit 8f.

[^105]: National Zoo, Nancy's medical records, July 24, 2000, Exhibit
    8g.

[^106]: National Zoo, Nancy's medical records, August 22, 2000, Exhibit
    8a

[^107]: [See]{.underline} Myra Lopez, [national Zoo Euthanizes Ailing
    Elephant]{.underline} Associated Press, (Jan. 25, 2006), [available
    at]{.underline}
    <http://www.newsday.com/news/science/wire/sns-ap-zoo-elephant,07435844.story?coll=sns-ap-science-headlines>.

[^108]: National Zoo, Toni's medical records, June 17, 2005, Exhibit 8h.

[^109]: National Zoo, Toni's medical records, July 3, 2005, Exhibit 8i.

[^110]: National Zoo, Toni's medical records, Exhibit 8j.

[^111]: National Zoo, Toni's medical records, Exhibit 8k.

[^112]: National Zoo, Ambika's medical records, Exhibit 8l.

[^113]: The National Zoo has three outside yards consisting of less than
    an acre each and an elephant house with concrete and poured rubber
    flooring (observation by Suzanne Roy when visiting the National Zoo
    in 2005).

[^114]: Richardson Decl. ¶ 5.

[^115]: [Id.]{.underline} ¶ 9.

[^116]: [Id.]{.underline} ¶ 14.

[^117]: [Id.]{.underline}

[^118]: Poole Decl. ¶ 33. She explains further that the National Zoo's
    assessment of Toni is not consistent with her personal observations
    of elephants in the wild that suffer from leg injury's yet go on to
    have healthy lives. [Id.]{.underline} ¶ 32.

[^119]: Lee Richardson Zoo, Monki and Chana's medical records, Feb. 14,
    2005, Exhibit 3a

[^120]: [Id.]{.underline}, June 2, 2001, Exhibit 3b (citing "Feet in
    poor condition. Suspect wet yards").

[^121]: [Id.]{.underline}, Feb. 7, 2004, Exhibit 3c; [See]{.underline}
    [also]{.underline} [Id.]{.underline}, Dec. 6, 2001, Exhibit 3d
    (describing Chana's feet as "chronic infections in feet due to
    substrate issues and long term foot problems.").

[^122]: Abilene Zoo, Tanzy and Tanya's medical records, Exhibit 4a. Note
    that the enclosures at this facility are smaller than the AZA
    enclosure standards for elephants.

[^123]: [Id.]{.underline}, July 6, 2004, Exhibit 4b.

[^124]: [Id.]{.underline} AZA observation notes, Exhibit 4c.

[^125]: Reid Park Zoo, Shaba and Connie's medical records, Exhibit 5a.

[^126]: [Id.]{.underline}, Connie's medical records, Oct 30, 2003,
    Exhibit 5b.

[^127]: [Id.]{.underline}, Elephant Management Plan, Exhibit 5c
    (explaining that the zoo is considering breeding Shaba and expanding
    the facility).

[^128]: Los Angeles Zoo, Gita's medical records, Exhibit 6a.

[^129]: Schobert Decl. ¶¶ 4-6.

[^130]: [Id.]{.underline} ¶ 6.

[^131]: Telephone conversation with elephant expert Les Schobert (June
    16, 2005)(explaining that Gita's condition continues to deteriorate
    because her living conditions do not meet her needs).

[^132]: Cameron Park Zoo, Tembo and Zoe's medical records, Exhibit 7a.

[^133]: Fowler, The Elephant's Foot, [supra]{.underline} note 15
    (explaining that the leading reason for euthanizing captive
    elephants is because of irresolvable foot infection and arthritis).

[^134]: Buckley Decl. ¶¶ 1, 3.

[^135]: [Id.]{.underline} ¶ 1.

[^136]: [Id.]{.underline} ¶ 5.

[^137]: [Id.]{.underline} ¶ 3.

[^138]: [Id.]{.underline} ¶ 2.

[^139]: [Id.]{.underline} ¶¶ 5, 6.

[^140]: Telephone Interview with Scott Blais, The Elephant Sanctuary
    (May 17, 2005).

[^141]: Buckley Decl. ¶ 4.

[^142]: [Id.]{.underline} ¶ 5.

[^143]: Buckley, The Elephant's Foot, [supra]{.underline} note 45 at 53.

[^144]: [Id.]{.underline}

[^145]: [Id.]{.underline}

[^146]: Buckley Decl. ¶ 7.

[^147]: [Id.]{.underline} ¶ 7a.

[^148]: [Id.]{.underline} ¶ 7b.

[^149]: [Id.]{.underline} ¶ 7b.

[^150]: [Id.]{.underline}

[^151]: [Id.]{.underline} ¶ 7c.

[^152]: [Id.]{.underline} ¶ 7d.

[^153]: [Id.]{.underline}

[^154]: [Id.]{.underline}

[^155]: [Id.]{.underline} ¶ 7e.

[^156]: [Id.]{.underline} ¶ 7f.

[^157]: [Id.]{.underline} ¶ 7g.

[^158]: [Id.]{.underline} ¶ 7h.

[^159]: Derby Decl. ¶¶ 2, 3.

[^160]: [Id.]{.underline} ¶ 3; Telephone Interview with Janice Clark,
    PAWS (May 16, 2005).

[^161]: Derby Decl. ¶ 3.

[^162]: [Id.]{.underline} ¶ 3.

[^163]: [Id.]{.underline} ¶¶ 3, 4.

[^164]: [Id.]{.underline} ¶ 1.

[^165]: [Id.]{.underline} ¶¶ 13-14, 22.

[^166]: [Id.]{.underline} ¶ 9.

[^167]: I[d.]{.underline} ¶ 15.

[^168]: [Id.]{.underline} ¶ 17.

[^169]: [Id.]{.underline} ¶ 9. Tammy was also transferred to the
    sanctuary with Annie. Tammy's foot problems and arthritis were
    treated daily at the sanctuary, but the advanced condition of her
    degenerative joint disease led to her death in 2003.
    [Id.]{.underline} ¶¶ 18-19.

[^170]: [Id.]{.underline} ¶ 10.

[^171]: [Id.]{.underline} at ¶ 14; Press Release, [San Francisco Zoo,
    Asian Elephant Tinkerbelle Is Euthanized]{.underline} (March 25,
    2005), [available at]{.underline}
    <http://www.sfzoo.org/generated/pressReleases/285/Tinkerbelle.pdf> .

[^172]: [See]{.underline} [infra]{.underline} pp 19-22.

[^173]: Derby Decl. ¶ 8.

[^174]: [Id.]{.underline} ¶ 12.

[^175]: [See]{.underline} Hugh McDiarmid Jr., [Detroit Zoo to Free
    Elephants: Animals Going to a Refuge]{.underline}, [Detroit Free
    Press]{.underline}, (May 20, 2004), [available at]{.underline}
    <http://www.freep.com/news/metro/zoo20_20040520.htm> (quoting a
    memorandum by Zoo Director Ron Kagan).

[^176]: Derby Decl. ¶ 12.

[^177]: [Id.]{.underline} ¶ 7.

[^178]: [Id.]{.underline} ¶ 6.

[^179]: Dr. Michael Schmidt explains that when adequate space and living
    conditions are provided, the chronic foot and joint problems that
    elephants experience at zoos would be eliminated. [See]{.underline}
    Schmidt Decl. ¶¶ 15-16 (citing recommendations for protecting the
    health and well-being of elephants at zoos).

[^180]: Petitioner will supplement the petition with more medical
    records from zoos in the next few months.

[^181]: Petitioner notes that USDA has established animal welfare
    "policies." USDA explains that the majority of these "policies" are
    actually legally defined as "interpretive rules." USDA, [Animal Care
    Answers]{.underline}, [at]{.underline}
    <http://www.aphis.usda.gov/ac/q2.html> (last visited Aug. 25, 2004).

[^182]: ^^ Admitted in Pennsylvania. Practice limited to matters before
    federal courts and agencies.