THE HUMANE SOCIETY 

OF THE UNITED STATES 

Anita W. Coupe, Esq. 

Chair of the Board 

Jennifer Leaning, M.D., S.M.H. 

Wee Chair of the Board 

Eric L Bemthal, Esq. 

Second Wce Chair of the Board 

Walter J. Stewart, Esq. 

Board Treasurw 

Wayne Pacelle 

President &CBO 

Michael Markarian 

Executive Vfce indent & COO 

G. Thomas Waite III 

Treasurer & CFO 

Andrew N. Roviran, Ph.D. 

Chief Int&natioftal Officer 

S Owe/Sdentfft Officer 

I 

Roger A. Kindler, Esq. 

Genera/ Counsel & 0.0 

Janet D. Frake -

Secrerary 

Holly Hazard, Esq. 

Chief Innovations Officer 

Laura Maloney 

Chief of Staff 

! 

DIREqORS 

Jeffrey i. Ardniaco 

Eric L Bemthal, Esq. 

Barbara S. Brack 

Jerry Cesak 

Anita W. Coupes Esq. 

Neil B. Fang, Esq., CP A 

Jane Greenspun Gate 

Jonathan D. Kaufelt, Esq. 

Paula A. Kislak. D.V.M. 

Jennifer Leaning, M.D.. S.M.H. 

Katfileeh M. Unehan, Esq. 

JohnMackey 

William F. Mancuso 

Mary I. Max 

Patrick L McDonnell 

Judy Ney 

Sharon Lee Patrick 

Judy J. Peil 

Marian G. Probst 

Jonathan M. Ratner 

Joshua S. Reichert, Ph.D. 

Walter J. Stewart. Esq. 

Andrew Weinstein 

Jason VVeiss 

Persia vi/hite 

David aWiebers, M.D. 

Lona Williams 

January 7, 2013 

Honcp-able Tom Vilsacjc, Secretary 

U.S. IDepartment pf Agriculture 

1400 Independence Ave SW 

Washington, DC 20250 

Kevin Shea, Acting Administrator 

Animal and Plant Health Inspection Service 

U.S. Department of Agriculture 

4700 River Road, Unit 84 

Riverdale, MD 20737-1234 

RE: AMENDED PETITION FOR RULEMAKING TO PROHIBIT PUBLIC 

CONTACT WITH BIG CATS, BEAkS, AND NONHUMAN PRIMATES 

Dear Secretary Vilsack and Acting AdiSftinistrator Shea, 

The Humane Society of the United States (HSUS), World WildUfe Fund 

(WWF), The Global Federation of Animal Sanctuaries (GFAS), The 

International Fund for Animal Welfare (IFAW), Born Free USA (BFUSA), The 

Fund for Animals ("The Fund"), and Big Cat Rescue (BCR) submitted a 

petition to the U.S. Department of Agriculture on October 18, 2012, requesting 

that the Secretary and Animal and Plant Health Inspection Service amend the 

Animal Welfare Act handling regulations to explicitly prohibit licensees from 

allowing members of the pubUc to come into direct br unsafe close contact with 

big cats, bears, and nonhuman primates of any age. 

Enclosed on the disc herein is an amended copy of the petition (and associated 

appendices), which is intended to supersede the version previously submitted 

and which includes the foUowing changes: 

• This amended petition reflects that the Detroit Zoological Society has 

joined as a co-petitioner. 

Piinted on recydcd pepet. 

Celebrating Animals | Confronting Cruelty 

' 2100 L Street, NW Washington, DC 20037 1202.452.1100 f 202.778.6132 humanesociety.org 
This amended petition adds several entities to the Hst of licensees engaged in pubHc 

contact exhibition (see Appendix A regarding Animals b? Montana (#81-C-0055), 

Josip Marcan (#58-0-0270), Walk on the Wild Side (#92-C-0159), Pamela Welch 

(#71-C-0171), and Wolves Woods and WUdlife (#41-C-0215)).i 

This amended petition also clarifies in the proposed regulatory text that veterinary 

students accompan5dng licensed veterinarians would also be exempt from the 

prohibition on direct and unsafe close contact, to ensure that veterinary students 

can undertake the necessary training to develop skills tc treat exotic animals. 

HSUS and our co-petitioners urge USDA to accept pubUc comment on this matter, and we 

urge you to pubUsh this amended version as soon as possible. Expedited action by USDA is 

needed to curb the rampant and dangerous trend of allowing members of the pubUc to come 

into contact with big cats, bears, and nonhuman primates. A recent USDA enforcement 

action against a repeat offender engaged in unsafe public contact with dangerous wild 

animals higlilights the need for a clear prohibition. See In, Re Sidney J Yost, AWA Docket 

No. 12-0294: (including a claim that the licensee violated the Animal Welfare Act by 

exhibiting a lion on the Tonight Show before a live audience with insufficient distance and 

no barrier), available at 

http://www.aphis.usda.gov/fcia/enforcement actions//2012/November/Animal%20Welfare%2 

0Act%20(AWA)/Complaints/lL09100-AC Sidnev%20Jav%20Yost 031612 Redacted.pdf. 

Further evidencing the need for regulation of this unsafe practice, many states have 

already taken steps to restrict pubHc contact with dangerous wild animals and numerous 

other states are poised to consider legislation in the coming year to prohibit such activity. 

See, e.g., Miss. Admin. Code § 40-l-32:VI; AZ Admin. Code § Rl.2-4-407; Kan. Stat. Ann. § 

32-1306(d); Tenn. Code § 70-4-404; Wash. Rev. Code § 16.30.010; NJ Admin. Code 7:25-4.9; 

25 Tex. Admin. Code § 169.131; 3 Del Admin Code § 304-6.0; LA Admin. Code tit. 76, pt. V, 

sec. 115; OR Admin. Rules § 603-011-0381; Ohio Rev. Code § 935.C6 (as upheld in Wilkins et 

al. V. Daniels et al . Case No.: 2:12-cv-1010 (S.D. OH December 20, 2012)). However, despite 

this trend toward prohibiting public contact, several states do not have such prohibitions. 

Thus, a federal prohibition is needed to establish uniformity on this issue. A federal 

prohibition is also needed because the commercial interests driving this practice are 

attempting to roll br.ck certain existing state restrictions (for example, Michigan's 

• The amended petition (Appendix A) also identifies two examples of unlicensed individuals (Dave 

Salmoni and David Mizejewski) who fi"equently exhibit big cats, bears, and nonhuman primates from 

unknown animal suppliers, often allowing unsafe close and direct contact with untrained members of 

the pubhc. This raises concerns that such individuals are improperly exhibiting without a Ucense 

and demonstrates how difficvilt it is to enforce the current performance standard when Ucensed 

exhibitors allow independent personaUties to use their animals for exhibition purposes. 
legislature recently passed a bUl (later vetoed by the Governor) to allow members of the 

pubHc to interact with bear cubs up to 90 pounds, which would pose a significant threat to 

pubUc safety and would be inconsistent with USDA's current regulations). See Letter to the 

Editor from Deirdre Herbert, mother of a bear-mauling victim who became enamored with 

interacting with bears after working for an exhibitor who used bear cubs for photographic 

opportunities (Appendix A). 

We appreciate your prompt attention to this matter. 

Sincerely, 

Jonathan R. Loworn 

Senior Vice President 

Animal Protection Litigation & Investigations 

The Humane Society of the United States 

2100 L Street NW Washington, DC 20037 
http://www.detroitnews.com/article/20121117/OPINION01/211170305/1007/OPINION/Lette 

r-Large-carnivores-aren-t-safe 

The Detroit News 

November 17, 2012 

Letter: Large carnivores aren't safe 

The Michigan Senate has passed a bUl, Senate Bill 1236, which would weaken the state's 

Large Carnivore Act by allowing roadside zoos and other animal exhibitors to charge 

members ofthe public to handle captive bear cubs up to 36 weeks of age. While having a 

photo taken with a bear cub may seem harmless on the surface, I know from first-hand 

experience that the consequences ofthis legislation could be tragic and costly. 

My 24-yeai:-old son. Brent Kandra, was introduced to the naive behef that bears and tigers 

were not dangerous animals when he began working in a mall pet store at the age of 17 

years old. The pet shop owner allowed the pubUc to handle and pose with bear and tiger 

cubs for photos. This early exposure to cubs did not enUghten him to the extreme dangers 

that these animals present when they become older. Then, one evening in August 2010, 

Brent was viciously mauled by a bear that had interacted with members ofthe public for 

years. The bear inflicted more than 600 wounds. The autopsy report states that Brent died 

from "multiple blunt impacts and sharp force injuries to the head, torso and extremities." 

Losing our son was devastating, and we don't want to see another family go through the 

experience' of this preventable tragedy. 

Even young bears have sharp teeth and long claws, and are powerful and unpredictable 

wUd animals capable of harming someone, particularly children. In order to be used for 

pubhc handhhg, the babies are taken from their mothers at just a few days or weeks of age. 

What will become of them once they grow up and are no longer useful for money-making ' 

ventures? 

Michigan's Large Carnivore Act has protected citizens for more than a decade. If Ohio had 

passed a similar bUl years ago, my son might still be alive. I urge the Michigan House to 

vote no on Senate Bill 1236. 

Deirdre J. Herbert, Elyria, Ohio 
BEFORE THE UNITED STATES DEPARTMENT OF AGRICULTURE 

I T H E HUMAN E SOCIETY OF THE UNITED STATES, 

WORLD WILDLIFE FUND, 

T H E GLOBAL FEDERATION OF ANIMAL SANCTUARIES, 

T H E INTERNATIONAL FUN D FOR ANIMAL WELFARE, , 

BORN FREE USA, 

T H E FUN D FOR ANIMALS, -

BIG CAT RESCUE, AN D 

DETROIT ZOOLOGICAL SOCIETY 

PETITIONERS 

PETITION FOR RULEMAKING TO PROHIBIT 

PUBLIC CONTACT WITH BIG CATS, BEARS, AND NONHUMAN PRIMAGES 

Anna Frostic (D.C. Bar No. 977732) 

Kimberly Ockene (D.C. Bar No. 461191) 

The Humane Society of the United States 

2100 L Street NW Washington, DC 20037 

afrostic@humanesocietv.org 

Amended January 7, 2013 

(originally filed October 18, 2012) 
TABLE OF CONTENTS 

\ • ... 

I. Notice of Petition 3 

II. Introduction : 8 

III. Examples of Facihties that Offer Public Contact with Daiigerous Wild Animals..9 

IV. Legal Background and Authority to Amend Regulations 13 

V. CurrentHand.UngRegulations Are Difficult to Enforce,and AppHed 

Inconsistently. ; i ; 19 

VI. PubUc HandUng of Big Cats, Bears, and Nonhuman Primates Undermines 

Animal Welfare, PubUc Safety, and Conservation and Must Be Prohibited.......23 

A. Unmanaged Breeding ;. i.. ; .'. ..'. 24 

B. Premature Mother-Infant Separation , 27 

C. Excessive HandUng of Young and Immature Animals 34 

D. Tf aveUng Exhibition...,,....I....;...... -,... - , .35 

E. Abusive Training, Declawing, and De-Fangihg. .• 38 

F. Disease Transfer tc Exhibited Animals...!';.......;; ......39 

G. Risk of Physical Injury to PubUc During HandUng 42 

H. Zoonotic Disease Transfer to PubUc. !... .43 

I. Risk of Injury to PubUc After HandUng.... .....46 

J. Conservation Impacts 49 

VII. Proposed Amendments to HandUng Regulations... . ..v. . ;.-.....51 

VIII. Conclusion. ;. :•; .o. >. .:. 54 

IX. Expert Declarations . , .v..! r.; '.-HI'... 56 

X. Appendices.... ....See Enclosed Disc 

A. Evidence of PubUc C'britact'by Licensed Exhibit^^^ 

B. Example of USDA Inventory Inaccuracy 

C. Examples of Transport for PubUc Contact Exhibition 

D. Examples of Disposition to Substandard FaciUties 

E. Scientific Articles Cited 
Notice of Petition c '" .. 'f iO . \.I8.A'r 

Honorable Tom Vilsack, Secretary ..... . 

U.S. Department of Agriculture 

1400 Independence Ave SW.,., . i ; 

Washington,! DC 20250 ;' • • ' ; ' 

Kevin Shea, Acting Adininistrator ' " 

Animal and Plant Health Inspection Service 

U.S. Department of-Agriculture:^ I • 

,4700 River Road, Unit 84/. hn '>J; -.- r.- ?• • 

•Riverdale, MD 20737-1234 

PETITIONERS: • ^ ' • • ' ' ^' 

The Humane Society of the United States 

2100 L Street, NW j^o . r. ,s -A /.•• ' ' 

Washington,;DC.20037.,•. ^, , ,-.>; 

World WildUfe Fund 

125024th Sti-eet NW 

Washington, DC 20037 "'•' ' 

The Global Federation of Animal-Sanctuaries 

R O. Box 32294 

.Washington, DC 20007 _ 

...vt' 

,o.i :-rr 

The International Fund for Anmg^^ .r r. . , ^ ^, 

1350 Connecticut'"Avenue ]SfW,^'Suite '1^26'' '. ''''^l".'," ' 

Washington,' DC 20036'- ' ' • ' ' ' ' ^ 

^r^^,(^:.• 

Born Free USA 

P.O. Box 32160 

Washington,; DC 20007 

i 

The Fund for Animals 

200 West 57ih Street 

New York, NY 10019 

Big Cat Rescue 

12802 Easy Street 

Tampa, FL 33625 

Detroit Zoological Society 

8450 W. 10 Mile Rd. 

Royal Oak, M l 48067 
i'i' 

Dear Secretary Vilsack and Acting Administrator Shea; / / . 

The Humane Socie.ty'.o^jtheWnite World Wildlifejund (WWF), The Global 

Federation of Animal. Sanctuaries; (GFAS),, The International Fund for Animal Welfare 

(IFAW), Born Free USA^ (BFUSA),^Tlie Fund, for Fund"X Big Cat .Rescue 

(BCR), and the Detroit. ZoologicaL,Society (collectively "Petitioners"). hereby petition the 

Secretary of Agriculture and jthe, Administrator of the. Animal and Plant Health Inspection 

Service (APHIS), pui;$uant to,,the First Amendment.f)f the United States Constitution,i the 

. Administrative Procedure Act.^ and U.S. Department of Agriculture (USDA) regulations,^ 

to .am8nd.APHIS'..janimal,ihandUng, regulations to, explicitUr. prohibit Animal Welfare Act, 

(AWA) Ucensees from aUowing members of the pubUc,to ;ComedntQ direct or unsafe close 

contact with big cats, bears, and nonhuman primates of any age. Proposed regulatory text 

is included herein and, 'as: discussed' in this petition, 'adopting this' proposed rulei is 

necessaiy to promote animal welfare'(as reqiiired by the AWA, 7'U"iS.C. § 2143(a)) and 

conservation, and to protect piibUc safety and consumer expectations; •• ". -

,^ V , ... , .Description of Petitioners ; . • •. : 

HSUS is the nation's largest stnimal protection organization with ovbr 11 milUon members 

and constituents. Based in Washington, DC, HSUS works to' protect aU animals through 

education, investigation, Utigation, legislation, advocacy, and field work. HSUS actively 

;Works to improyOj the management,of ^wildlife in captivity in. order to promote animal 

,welfare, nonserx'atipn, and public, safety. HSUS menj^bers^.,regularly, visit .USD^ 

exhibitors' faciiities and enjoy seeing^ animal8,^^^hp, are weU cared .for and appropriately 

displayed, but are distressed when they view aniinals . being mistreated or,.exhibited in a 

manner that jeopardizes pubUc safety and conservation, ^efforts., HSUS alsp, operates five 

animal care centers that provide^.iqarej.jto: thousands of animals, including'^big cats and 

nonhuman primates. .That twp ,of these.faciUties are,Ucensed by APHIS means that HSUS 

has a strong interest in .ensuring that, all captive, animal facilities are abiding by 

regulations to protect animal welfare and pubUc safety. . 

WWF's mission is to stop the degradation bf our planet's natural eiivironment, and buUd a 

future in which humans,Uye in harmpny with nature. In order to achieve this mission, 

WWF (with rnore than 5, miUion members, globally) ,fp ensuring that, the world's 

biodiversity stays healthy ;for future generations .and ,to reduce negative impacts of human 

' "Congress shaU make no law ... abridging ... the right of the people ... to petition Government for a 

redress of grievances." • U.Sl -GONST., amend. I.- The Supreme Coiirt has recognized that the'right to 

petition is logically impUcit in, and fundamental to, the very idea of a repubUcan form of 

goyernment. United States v. Cruilisiianli, 92 U.S. 542, 552 (1875);< United Mink Workers 6f 

America, Dist. 12 v. Illinois ^tate Bar Ass'n, 389-U S.. 217, 222 (1967); Thomas v. CO//CT,S; 323 U.S. 

516,530(1945). , . , 

2-5 U.S.C. §'553(e). ' " ' 

3 7 C.F.R. § 1.28. 

4 
activity. WWF is particularly interested ini tiger conservation- as 9.7% of wUd tigers have 

disappeared I since the beginning of the 20* century and there are now more tigers Uving iri 

captivity in |the U.S! than exist'in the wild.^'^To •promote'tiger c6ri^^^^^ WWF works 

with the 13 tiger range states'in Asia and doniesticaUy to ensure tHat one of the primary 

threats' to the species, poaching for traditional 'A;siah' niedidne';^ aUeviated. WWF 

advocates for greater^over^ight'of U.S. daptive tiger'nUmbdrs and dis^ order to 

ensure that captive 'tigers are riot contributing to Ulegal'trade arid to bnsure that the U.S. 

meets its infernationial dbUgation^. Beciause tigets iare freqlientiy bred and niistreated for 

the piirjibse of public cPritact exhibition, and because it is iirikribwn how all of these tigers 

are disposed of,' W\^ ' 'has! dl^cbricrete interest'in stronger federial regiilation of pubUc 

handUrig at USDA Uce'ri'sed exhibitioriTabiUtie^ •--<' ' 

GFAS was estabUshed tP prpmpte,.exceUence in sanctuary naanagement and in humaine 'care, 

of animals; through .'international-accreditation, coUaboration, mentoring, and; greater 

recognition and resources for sanctuaries, while seeking tp eUrninate t/he causes of displaced 

animals. There are over 80 sanctuaries accredited and verified by GFAS in the U.S. - these 

faciUties have earned the highest'level of credibUity ahd are clearly distinguished from 

pseudo-sanctuaries and substandard facilitie^. GFAS sanctuaries do not ^^aUoW jdirect 

contact or .unsafe close contact between the public ,^nd b^g cats, bears, or nonhuman 

primates.r .,j . . • . . , r , . ., , : 

IP'AW'saves|'ariiiriafe''in crisis aroiirid the wP^ld. 'With'close to 2 milUbn'meiriliers and 

projects'iri more thari' 46'c6uritries, IFAW rescues'individual animals ftbrii c'ruelty arid 

a'dVbcat6s:fbr the' prbtectibri of wildUfe aricf riaturat^Uabitats; Protecting^ c big'cats, 

bearsV'arid^ribnhumari primates iri the''U.'S;'is a core* IFAW fociik In the U.S. tb date, IFAW 

has rescued ari'dWbcated 120'captive big cats frbm Sackyard meriageries'and ^iibstand'ard 

faciUties. In 2ii)'G4, IFAW conducted a'brie'-yea'r iriWstigation of 42 USDA-Ucensed facilities 

that revealed severely inadequate welfare praJctices?'Public contact between dangerbus big 

cats and humaris - including very young children was prevaieiit at many of the faciUties. 

IFAW members regularly enjoy viewing animals huriianely called for: and exhibited in' a 

manner thatlprotects the health .and welfare of .the .animals an^ 

Born Free USA's' mission is tb end the siifferiri^ of wild animkls 'in captivity, rescue 

individual aiiiriials iri riieed, protect wUdUfe-^uicludirig Highly species - in their 

natural habitats, arid encourage cbin'passioni^te cbrisVrvatiPri globaUy! The Born Free USA 

Primate Sanctuary in Texas provides care to over 600 primates, many of whom were 

rescued .from abusive situations in roadside, zoos and private possession. In 2012 alone. 

Born Free USA ha,s rescued py^^^^ i 

The . Fund for Animals is a national non-profit organization that advocates for preserving 

wild'populations of ariimals and preventing abuse of captive wildlife. The FunS-operates 

the Cleveland Amory Black Beauty Ranch (#74-C-0854), an animal care/facUity that 
provides sanctuary to hundreds of animals, including three tigers who were rescued from a 

substandard faciUty licensed by USDA. 

Big Cat Rescue is one of the largest sanctuaries for big cats and is accredited by GFAS. As a 

nonprofit organization, BCR provides Ufetime care to over 100 large feUds, including tigers, 

Uons, leopards, and cougars, who were abandoned or seized from substandard faciUties and 

private owners. BCR strives to educate the pubUc about these animals and the issues that 

captive and wild big cat populations face. 

The Detroit Zoological Society's mission is to demonstrate leadership in. wildUfe 

conservation and animal welfare. To advance this goal the Detroit .Zoological Society 

provides a broad audience with educational opportunities that lead to the appreciation and 

stewardship of nature. Through its Center for Zoo Animal Welfare, the Detroit Zoological 

Society promotes exotic animal welfare science and best practices. The Detroit Zoo is a 

Ucensed exhibitor that houses big cats, primates, and bears. 

Request for Regulatory Amendment 

Petitioners respectfuUy request that USDA and APHIS mpve expeditiously, to address the 

welfare and pubUc safety crisis caused by Ucensed exhibitors breeding and using big cats, 

bears, and nonhuman primates for pubUc handUng and adopt tUe regulation p»ropqsed in 

this petition. See 7 C.F.R. § 1.28 ("petitions wUl be given prompt consideration and 

petitioners wUl be notified promptly of the disposition made of their petitions"); 5 U.S.C. § 

555(b) (Federal agencies are required to definitively respond to petitioris and must 

"conclude a matter presented" to the agency "within a reasonable time"); National Parks 

Conservation Ass'n v. U.S. Dept. of Interior, 794 F.Supp.2d 39 (D.D.C,2011); In re American 

Rivers and Idaho Rivers United, 372 F.3d 413, 419 (D.C.dr.,2004) ("a reasonable time for 

agency action is typicaUy counted in weeks or months, not yeai"s"); Telecommunications 

Research and Action Center v. F.C.C., 750 F.2d 70, 80 (D.C.Cir.,1984) ("delays that might be 

reasonable in the sphere of economic regulation are less tolerable when human health and 

welfare are at stake."). 

Petitioners appreciate the agency's consideration of this matter and would be glad to 

provide any further information that is needed. 

RespectfuUy submitted by: 

Wayne PaceUe, President and CEO 

The Humane Society of the United States 
Leigh Heriry,' iSenior PoUcy ^Advisor' 

World WildUfe Fund U.S.-i vr? ' 

•'1 I • .; V • 

Patty ..Finch, Executive Director, ,^ 

Global Federation of Animal Sanctuaries 

Tracey Coppola, Campaigns Officer 

International Fund for Animal Welfare 

Adam M. Roberts, Executive Vice President 

Born Free USA 
Michael Markarian, President . 

The Fund for Animals * . I . • 

Carole Baskin, CEO 

Big Cat' Rescue 

,'!•.•-V. -

Ron Kagan, Executive Director and CEO 

Detroit.Zoological Society r • . - rr, .. ' ij^: ' .j..> 

l i . Introduction ' ' ' "'' " ' -

• .• i : 'x^ M- • .J - ', ? .v : "-jA r •• 

This nation is currently facing ani'epidemic. of ~:UnquaUfied individuals and faciUties 

possessing dangerous wUd animals;; whieh'threatens both pubUc safety arid animal welfare. 

Thousands of big cats, bears, aridinenhurnan primates reside in exhibition faciUties around 

the country that are Ucensed by) APHIS^ yet routinely conduct'activities that undermine 

animal welfare - for examiyle,;<;the commercial use of dangerous animals for pubUc 

interaction and photographic opportunities.^ Animals subjected to pubUc,contact exhibition 

(many endiaiigered) are irrespbnsibly bred with no regard for genetic integrity; they are 

prematurely and forcibly si^pai^atgd from^ thieir; mothers and deprived of normal biplpgical 

and behavioral deyelopm^ent; thej^. are subjected to, excessive.^handUng ,that, poses a ,risk ,to 

the health of undeveloped animals and to the safety of humans (especiaUy chUdren) 

interacting with them; they often travel the country in cramped enclosures for the 

commercial gain of Ucensees; and they are often^ disposed: of at sijbstandard facUities when 

they are no longer commerciaHy useful. There ,is simply np safe.or. humanevway to allow, for 

* Licensed exhibitors that are hot separately accredited by'the Global Federation; of Animal 

Sanctuaries (GFAS) or the Association of Zoos, and Aqua!riums (AZA) are far more likely to have 

unqualified employees and inadequate facilities arid practices, such as aUowing public contact: with 

dangerous animals. • /' r , ^ - i -

8 
"1 

pubUc handUng of big cats, bears, or nonhuman primates.of .any.age,; and it is essential that 

APHIS expUcitly prohibit such activity. 

The Animal I Welfare Act (AWA) requires USDA/APHIS to Ucense faciUties- that engage in 

actions that substantiaUy affect interstate commerce (such as exhibiting-'^animals to the 

pubUc or breeding/deaUng animals^), and requires the agency to adopt regulations "to 

govern the humane handUng, care, treatment, and transportation"„of animals possessed by 

Ucensees. 7 U.S.C. § 2i43(a). Because there are hundreds of Ucense,d>f$iciUties that possess 

dangerous animals, it is imperative that regulations governing humane haridUng of 

animals at these faciUties are clearly designed to effectively protect animal welfare and 

pubUc safety even when no federal inspector is present to detect violations. 

3 r.-v 

Unfortunately, numerous faciUties that are Ucensed by APHIS currently operate, in a 

manner that fails to protect animal welfare and pubUc safety, and these Ucensees' actions 

undermine conservation efforts and consumer expectations that the federal government is 

only Ucensing upstanding faciUties. In particular, by aUowing members pf the pubUc to 

come into direct and unsafe close contact with big cats, bears, or nonhuman primates of any 

age (through interactive sessions and photographic opportunities), these Ucensees create an 

inhumane and dangerous situation not only during such contact, but for the entire decadeslong life cycle of the animals involved. 

.or ., -r ' ^ ••. 

One year agp the nation was horrified when a disturbed Ohio man released'riearly 50'big 

cats, bears, i nonhuman primates and other dangerous animals from his backyard 

menagerie, leading to the animals being killed in order to protect the surrounding 

community. Unqualified owners are able to acquire so many dangerous animals precisely 

because of the s.urplus .of.bighGats, ;bears; and:nonhuman primates that is created foUowing 

irresponsible, and; u.nmanaged breeding_..of:, thes_e.(,8pecies for. pubUc contact exhibition. 

Therefore, APHIS has a .statutory duty to amend, its regulations ,to expUcitly prohibit pubUc 

contact w^thj big cats, bears, and nonhuman primatesr'of/any. age, in order ftp ensure the 

humane .treatment of these species and to protect pubUc safety; .f:.'. /•. 

///. Examples of Facilities that Offer Public Contact with Dangerous Wild Animals, 

i 

At least 70 Ucerised faciUties across the U;S. -are engaged^ in-'tUe unsafe arid alarming 

business of kUowing-nieriibers of the pubUc; -iricrudirig siriaU'chUdren, to interact arid pose 

5 Unfortunately,' riiiinerous individuals wlio do not exhibit animals have availed themselves of USDA 

licenses in order to take advantage of state laws'that exempt such licensees from prohibitions on the 

possession of dangerous animals. A recent audit by the USDA Office of Inspector General found that 

70% of the licensees with foiu: or less animals were in fact pet owners, not exhibitors. USDA Office of 

Inspector General, Controls Over.APHIS Licensing of Animal Exhibitors, Audit Reporfc.33601-10-Ch, 

p. 5 (June 2010). APHIS must ensure that its. licensing regulations-are strictly apphed, so that 

individuals,who are not conducting -regulated;activities cannot obtain a hcense.'APHIS must also 

ensure that aU Ucensees comply with the animal protection mandates ofthe AWA. -. i t 

9 
1^ 

with dangerous wild animals. The following USDA-Ucehsed exhibitors^ have allowed 

visitors to come into direct contact arid unsafe close contact with'big cats, bears, and/or 

nonhuman primates in , recent years; arid: iribst 'of the'foUb\ving Ucerisees continue to 

advertise for public hari'iUng of dangeroilis aiiiinals today.'' See Appendix A for eviderice of 

pubUc handUng at these exhibition faciUties.. , -M '' ^ i ' ' 

1) Alabaina Gulf-Coast. Zoo (Gulf .Shores, AL,#64-C ! ,, ' " 

2) Aloha Safari Zo6'(Camerpri;,N.C.#55^^^^^ ^ \ ^ 

3) Animals of Monta(na|Bozem^ ' , v ' - r . * • ' " 

4) Antle, Bhagavan (d/b/a'T.LG.E.R.'s,., Rlyrtle Beach, -S.C #56^C'r6ll6) * " ... ' V ,. 

5) Bi g Cats of Serenity |§prings1(Cal|ian;;c6 id4-C'M^9f-t^"'.''.',.»' * • ' ". 

6) Brown, Gerald tLancaf^e^" PA #2^-C!-0p24^ > '.V'>^'/' " '.. 

7) Brown's Oakridge Exotics (SmitMLeC^L #3'a-C.-ii607); •.' ''1^.: J, ' / , \ ' " 

8) Bucks County Zoo (Warminster, PA #23.-C-02.68 [iicerise^ canceled 4/2/12]) 

9) Capital of Texas Zoo'(CedarCreek;TX#74-C-0644) V ' '^-V;/',- ' 

10) Casady's Critters (Cascade, WI#35:C-i0235): ' H . , ' " .' !E <-

11) Casey, Connie (d/b./a Chim.party - Misspuri Priniates, Festus,'MO'#43'-C-03i5^ 

12) ,Casey, Ja.mes M . (d/b'/a A. 'fGreat Axte" Experierice) (Las'Vegasl!^ . . 

13) Cherokee Bear Zoo (Brysori City, ISIC #55-C-0118) ' ' ' ' ' 

14) Chestatee.y^ldlife Preserve (Dahlpnega,,GA#57- ! , ^ .'.'^ 

15) Coljurn, Wniian i (d/b/a WUd Acres " , 

Adventures (at Kalahari•Resori^)-(S , ' " • 

16) Cook, Marcus (d/b/a Zo6cats;Trio...!aka 2k)o,bynaLmi<») (ka'ufiD.tol-'TX #74-0-0426 

[Ucense revoked 2/17/12])8 " * '• 

6 Many of these facihties are affiliated witn the deceptivfely-riamed' Z 

(ZAA). While the AWA provides minimum'standard^Tor" anSm'al weKa^^ may be privately 

accredited and voluntarily meet Wgher-standards'by Beconiing -a^ of Zoos 

and Aquariums (AZA) or the Global Federation of'Animal Sanctuaries (GFAS): i The AZA is the only 

domestic organization that manages endangered species through.Species Survival Plans (SSP) based 

on the best available science to promotte the-welfare of the,'atmnals and maintain genetic integrity of 

captive colonies. See http://www.aza.org/speciesrsurvival-plan-program/. In contrast, ZAA accredits 

faciUties that do not promote welfare or conservation. The primary goal of ZAA is to promote, exotic 

pet ownership and .the exploitation of ammals for entertainment, purposes. See ZAA .Mission 

Statement, " ' ' available at 

http://www.zaoa.org/index.php?option=com content&view=article&id=20&Iteiiiid=3 ("Our mission 

is to promote the resporiijible'bwuersliip, management, and propa^^ of animals in both public 

and private domains"; "We strive to: . . . promote 'conservation through commerce' as the only 

sustainable alternative' to failed cohinland'''aiid cbntrol' wildlife' regulations."). Indeed, ZAA 

specifically aUows its members to faeiUtate pubhc'contact with .erroiic ariimals. See,ZAA Standards, 

http://www.zaoa.org/index.php?option=com content&view~':artick;&id~.21&Iicem7.d~22; '.; 

^ Note that whUe a few of these Ucensees do not currently possess big>cats, bears,, or nonhuman 

primates that could be used in pubUc contact exhibition (either because the animals thfiy possess are 

so aggressive that they cannot be handled by anyone, or because the animals they recently used have 

been transferred to other facihties), these facilities would hkely continue such commercial'use if the 

opportunity arises. . V . 

8 Note that while Mr; Cook's Uceiise was recently revoked, he apparently continues toioperate as an 

"employee" of another i licensee'(Michael Todd'd/h/a Todd's Pony & Hay Rides, #33-0-0388). See Fred 

10 
17)Corley,Beth(Wynnewpod,,OK#73rC-pi67).U;; vi'r .h\>-;('j^ •• 'iS.jv. ;. • ' 

18XCougar Mountain Zoo (.I§saquah,.'WA #91-0-0^0^^ 

19) Cub.Creek Science Capp (RpUa,^MO #43-,q^ - i , . 

20) Dade City Wild Things (.aka Stearns Zoological Rescue arid'Rehab) (Dade City, FL, 

' #58-0-0883) • .-'^ ^ ••r-r'-y-r-jr^c '. -X.f/:. • - . . 

21) DEW Animal Kingdom and Sanctuary (Mount Verriori, ME #11^0-0017) -

22) DeYoung Family Zoo (WaUace, MI, #34:0-0141) .. _ 

23) Dolci, Phil (d/b/a Banana bii^y) (6jikbr<ybk tei^^ic^'it #33-d':02475 , V' : ',' 

24) Engessei-, Robert (d/b/a The Zoo aka, Jiirigle Safari) ((jhiefland! FL #58-C-()295) '' ]' 

25) Evans, Keith (d/b/a Upn.Photo Stiidibs) (Herid6rsori,'Ny.',#88-C-0b64) - '." '. 

26) G.W. Exotic Aiiimal i»'ark. (WynriWoo^ #73-0-0139):::* ' ; ' •'.'•. • ' ' 

27) Great Cit Adventures (Ai^ii^o, ''TX #74^e-d$2r •llieBii^^voK4d;3/2/12])9 ' ' 

28) Hoffnmn, Bill (d/b/a Animal R^ntal9)(C^4go,lL #33-Cr06^^ ' ' "' 

29) Jungle Island (Miami, FL'#i5i^.p,04l4) ' ' ' 

30) King Koii"g Zoblogicai Park' Inb,'(Murphy, NC #55-0-0222)'' ' ' !' . ' ',':,' ' 

31) Maple Lane Wildlife Farm(Tbpeka^:lN'#32-C-bl'78) ^ ''f ' " ] ' 

32) Marcan, Josip(^oncedeLpon, FL#5,8-(ir-d276y' ''- .':;'' ' '• • • 

33) McCarthy's \VildUfe Sanc^tuaiy i(We^ ; " 

34) McMillan, Brikri (d/b/a HoUywbod'i^i^als &Walking With!IibrifeV l^s. Ari'^^^ OA 

#93-0-02^7) ^'-^ 'X':" ^. 

35) Miller, Jarod (d/b/a^WUd'firicounters Productions) (N^ Boston', NY5#^1-C-0219)' '' 

36) Mogenseii, Karl (d/b/aJNatural'Bridge Zpb)^^^ VA #52iC-0035)' 

37) Monkeysjand More Exotic AnimalKe'scue (^^^ 

38) Morik^ysiontli^]V«idway {Doifipha^^ ' 

39) Noah's Ark Animal Rehabilitation Center (Locust Grove, 'Gi^^ #57-C-b037) ' 

40) Oswald's Bear Ranch (Newberry, MI #34-0-01-23) 

41) I»remierAnipml AttractionsXOr^n 

42) ..Reinhau:dt, Donald (d/t»/a Exotic (King George, VA,#52-0-0148) 

43) Rosaire-Zoppe Chimpanzees (aka Big Gat,Habitat; Sarasota, FL #58-0-0936) , 

44) SafariAVest (SantalRosa; CA#93-C-G57S):c .•o;i;r!oi):-: ; -

45) Safari Wilderness (Lakeland, FL.#58.C'-.0952)rr'-J?feft-- . .i -

46) Savanahland Educational Park (Pleasant HiU',;MO #43-G-0208) 

41) Sawmiller, Robert (d/b/a WUdlife'on Wheels/Awesome: Animal Attractions) 

^ (Wapakorieta, OH#31-0^0083) • ^ T , " ! : ' ', 

48) Schoebel,;Mark d/b/a Timbavati WUdUfe Pa!rk fka'Storybobl: Garclens (Wisconsiri 

DeUs, WI #35-B-.0p33) . . 1 ,..„... . : 

.49) St. Augustine W^ildlife, Reserve "aica.SbMlotthe^^^^ FL#58-C0688)- ' , .n/'- ^cof-'.-.V' '.' 

50) Staples, Brian (d/b/a Staples Safari, Zoo) .(Peer Park, WA #91-0-0060) 

51) Stapps Circles Ranch (Greensburg,IN#32-C-0179) • ' 

52) Stark, Tirii and Melisa (d/b/a Wildlife iri Need) (Charlestown, IN;#32-C-0204) 

53) Steeples Bears (Guri BarrerCity^TX #74-C-0440) -

54) Stump HillFarm.(Massmon, OH#31-C-0050) ''• 

Mann, Riverfest's Traveling Wiiite Tiger Discovery Exhibit Has New Owner Since Its .Chicago 

Shutdown, The Wichita Eagle (May 30, 2012), http://www.kan8a8.com/2012/05/30/2354012/riverfeststravehng-white-tiger.html: USDA Inspection Report for Todd's Pony & Hay Rides'(April 22, .2012)'. . 

9 In re: Jamie Michelle PaldUzo, AWA Docket No? 11T0023, April 7, 2011, Decision;and Order. 

• 11 
55) Suncoast Primate Sanctuary (Palm-Hki-bor, F L #58 0-0910) ' 

56) Tanganyika W.ldlife Park;(Goddard; :K0-C- 0156> 1 ;; ^. - : ; 

57) TigerWorldInCy(RockweU,NC-#55-gr02^.5) . • . • 

58) Tigers for Tomorrow.(Attalla. AL#64^0-0187) ., . . > , 

59) TigerSafari(Tuttle,OK#73-C-01^ , , ' 

60) Valbiieria Chimps (LakelaM, F t #5'8-C-b306) . ; ' 

61) Walk on the Wil d Side (Canby, OR #92-0-015£>) ' 

62) Wallach, Larr y (East Rockway, N Y #21-0-0069) 

63) Welch, Pamela (Amagon, AR#71-C-017..1)r . . ^ • . 

64) West Coast Game Par k (Bandon, OR #92-0-0013) 

;65) West Virginia-Zoo aka Hovatter's Wildlife'Zoo (ICirig\/6od, W #54-0-0119) • 

66) Wil d Anima l Experience. (Chittenango','NY #21-C-0325).-i r-r-. , ' 

67) ^WildBill's Sanctuary (Porter, OK #73-B-.1842) / V ' ,;r ..; i ..v , - ' ; 

,68)Wolves Woods and Wildlif e ^Lakevilie,,MN #41^^^^ 

.69)'Wbbdy's Menagerie (Mulberry (jrpve, IL #33-C-0218) • , 

70) YellowsWne Bear World (RexWrg,ro 

71) Yost,'Sidney (d/bVa Amazirig Aniriial Productibris) (San Bernardino; CiA #93-0-0590) 

72) Zoological Wildlif e Conservation Center (Rainier, OR #92-B-0248) 

73) Zoological Wildlif e Foundation'(Miami, F L #58-B-0306) 

74) Zoota3tic of Lake N6rthan(Trbutirian, NC #55-C-^^^^ ' ' 

75) ZooW6rld (Panariia City Beach, Ft#58-C-0460) ' ' 

In addition to; ,these vdozens .ofr e:chibitprs, .it was recently reported'that- the ownsrs of 

Promised Land Zoo (#43:0-0245),,are planning an exotic baby animal.park in B;?anson; 

Missouri, which wUI apparently open in 2013 and provide the pubUc opportunity fbr contact 

with infant big ' cats" ' arid ' nonhuman primates. See 

http://brarisontrUakesnews.com/newS' free/article 3f01ef58-9950-1 lel-9c27- - , . .. , • 

001a4bcf88'7a.html. SimUarly, several unlicensed individuals frequently exhibit big cats, 

bears, and nonhuman primates -(pfteh sburced froni'Ucensees) on'televisipri shows where 

unUcensed and untrained members * of the 'pubUc 'are aUowed to handle these dangerous 

wUd anima.ls. See/e.^., Davei S.edirioni and p.avid MizejewsH^ • , ; 

This long list of exhibitors that aUpw pubUc cpntact with dangerous animals shows that this 

is not an isolated problem, buVrather a lucrative ^c tfendi" that is clearly within 

10 See, e.g.. Celeste Gracey, Three New Cougar Cubs Come to-the Cougar Mountain Zoo, Seattle PI 

(July 8, 2011) (reporting that Cougar Mountain Zoo charges'"about'$500"" for "20'minutes of play 

time"), at. http://www.seattlepi.comAocal/8ound/article/Three-new^cougar-cubs-corae-to-the-CougarMountain- 1458852.php: Fox News, In Florida, Who Needs Alligators When You Can Swim With 

Tiger Cubs? (Oct. 9, 2012) (reporting that at Dade' City WUd Things'"A custonief signs a general 

release, and for $200 ^ he can froUc for - 30 minutes" with 'a tiger ' cub); • at 

http://www.foxnews.com/us/2012/10/09/in-florid&-who-needs-alhgator8-when-eaii-swim-with-tiger'-' 

cubs/: Ron Sylvester, 'KfGM Liores - and New Cubs - Showing Off Their Henderson i/ome,'La's V^gas 

Sun (Dec. 26, 2012) (reporting that'Keith Evans "offers personal time'With the cubs for'$200 for two 

people for five.minutes'!)- available qf http'://www.lasvegassun.com/news/2012/dec/28/mgm-hons-andnew-cubs-disblav-rarich-henderson/. Similarly, the Chestatee Wildlife Preserve' & Zoo offers tiger 

cub encounters for $250 per person. See http ://che8tatee wildlife .com/. These businesses reportedly 

12 
APHIS' discretion, and duty,r to regiUate.; WhUeia .fe.wiof>these,exhibitors;have been cited for 

violations of the existing handUrig reg'ulatioris-.(thoaigh. rarely; as-disfeUssed b without 

an expUcit prohibition on pubUc contact wit-U^big catsi bearsi arid'nonhuman primates of 

any age,ii these animals wUl continue'to suffet 1)16 riegatiye^ impacts'discussed in 

this petition! the pubUc's health and safety. wiU cpntjinue to; be piit at risk, arid consumer 

confidence iri USDA Ucensing wiU decUne. ..p. . ;.^ ^. ./>;•;.• !'\ • -> ' 

IV. Legal Background and Authority to\Amend Reflations .iii - 'i ; :' 

Congress enacted, the Animal .Welfare Act in order ;'-to, insure.«tKafe'animals'intended.;.for 

exhibition purposes or for use.,a& pets are provided humarie'. care and treatment." 7 U!S!C;'§ 

2131(1); Pub; L. No. 91-579. The AWA riot only jirotects aninial&.iri exhibition,- but-also'the 

"consumers" |of this industry, sucli as patrons yisitirtg'exhibitite 'faciUties.''See; i:^!, ' Ammal 

Legal Defense Fund, Inc. v. GZic/fe/ndTi, ^54, F,3d 4^ 

who viewed primates in inhumane conditions at an exhibition faciUty was within the zone 

of interests protected under-the AWA). f..'; -j'-;,,. ; : -.,•)•.., 'Mr^s • 

' S tU . :':':! • ;:-.:.i.!' ;';'4 '] '\'r ' • 

The AWA reqiures aU exhibitors'^, and dealers'^ tp;pb|tain,.a. Ucense. frpm the,;Secretary of 

Agriculture, and provides that "no such;Uc,e,nse.,shaU be iss^ued untU; the,dealer or-exhibitor 

shaU have demonstrated that his faciUties comply with the standards promulgated by the 

Secretary...".'7 U.S.C: §*2133; 9:G.F.R. § 2.1(a)(1).;C0riii)Uarice i§'derrioristrated arid v^'erified 

through a : preUminary'^mspection of new Ucenseejs;-hdw'ever, renewal'^appUcants simply 

draw visitors froin aroimd the world. See, e.g., JuJu Kim, Swim With a Tiger Cub at One Florida 

Zoo, Time (Oct. 10.^ -20l2); -af ' http://fle\ysfeed'.time:c6m/2012/10 

florida-zoo/'. '.,.• r v ^- 'r-^ -x^- •• ^ :<-ii'i'yrx'.i i;i' -i> ->f 

" Note that .w^le pubUc handUng of big cats is ciirreptly the.'most popular, numerous, Ucensees offer 

interactive opportunities with nonhuman priipates and _b.ea^^ A). Further, it is 

iniperative'that APHI S prohibit pubUc handling of all qf these species, as a prohibition solely on big 

cats, for example, would likely spilu- the unmanaged and irrespbrisible breeding of nonhuman 

primates and bears to meet the demand for pubhc contact exhibition with these popiUar species. 

12 7 U.S.C. §. j2132(h) ("The term.'exhibitor' means any person (pubUc or private) exhibiting any 

animals, which were p.urchased in commerce or the intended distribution of which affects commerce, 

or'wiU affect commerce, to'the pubUc for compensation, as determined by the "Secretary, and such 

term includes carnivals, circuses, and zoos exhibiting such animals whether operated for profit or 

not; but such term excludes .retail pet stores , :orgariization8 sponsoring'and:'aU persons participating 

in State and coimtry fairs; livestock .shows, rodeos, purebred dog and cat shows, .and ariy other fairs 

or exhibitipns.tintended. ito advance agriciUtviral arts-and! sciences^ as may be determined by the 

Secretary;"). -'r! .. ' Oi\?i -v.^u ... l j--r ..i, • 

*3 7 U.S.C. § . 2132(f)-("The term/dealer': means any person who; .in comiinercie; for compensation or 

profit, deUvers; for transportation, or .transports, except as a carrier, biiys, or seUs, or negotiates the 

purchase;.or sale of;, (1) any dog .or other, animal whether aUve or dead for research, teaching, 

exhibition,' or,use as a pet, or (2)iany dog for hunting, security, or breeding purposes,.except that this 

term does'not include- (i) a, retail pet store, except such store which seHs any animals to a research 

faciUty, an exhibitor, or a dealer; or (u);any person who doesinot.seU, or negotiate the purchase or 

sale of any wUds animal, .dog, or cat, and who derives no more: than-$-500 gross income from the sale 

of other animals diiring any calendar year.''). •< \ ' .i' ^ r ' .vi:. , , 

' i 13 
demonstrate compliance by'certifying that "to the best of the appUcant's knowledge and 

beUef, he or she is in cPmpU^rice with the'regulatibris and standards and agrees to continue 

to comply with the rbgulatibris'and standaras." 9 C.F!R. §§ 2.2(b), 2!3(b); 'WhUe APHIS 

periodically inspects. Ucensed faciUties to check for AWA violations (7 U.S.C. § 2147; 9 

C.F.R. § 2.126), enforcement pf the ;AWA is a difficult task given the large. number of 

faciUties that each A.PHIS4n.spectpris responsible for overseeing. ' . • , 

Section 2143 of the, AWA. .outlines the activities, for ;vvhich the Secretary shaU promulgate 

regulations; in particular. Congress has directed that the'agency must,adopt standards "to 

govern the humane handUng...of animals by...exhibitors" and that such standards must 

include minimum requiremento "for handUng, housing, feeding, water, samtation, 

ventUation, shelter from extremies of weather and teiriperatures, adequate^Veteririary care, 

and separation by species where the Secretary finds necessary for hiiinane handUrig, care, 

or treatment of animals..." 7 U.S.C. § 2143(a)(i),(2). Further^ ""[t]he Secretary is authorized 

to prom.ulgate such rules, regulations,..and prders as he may.deem necessary in-order to 

effectuate the purposes ofthis chapter."-? UiS.C; § 2151. . . -

Pursuant to this broad statutory authority, .APHIS has. adopted a performance standard 

regarding the handUng of anirrialg, which requires that haridUng of any animal must be 

done humanely and with minimal risk of harm to the pubUc, that young animais not be 

exposed to excessive handUng, and that certain dangerous animals must be under the 

"direct contrpr of an animal riandier'duririg pubUc exhibition:" . ' . . 

(a) AU Ucensees who maintain wUd or exotic animals'^ must demonstrate 

adequate experience and kricwledge-'bf the species they maintain! ' '; ' - ' 

!•* Unfortunately, APHIS often reUcenses. dealers and exhibitors despite a long history of noncompUance, including pages of repeat violations reported immediately before approval ofthe Ucense 

renewal apphcation. HSUS is deeply concerned that such reUcensing of ndncompUant facihties and 

individuals signals to the regulated community that violations ofthe AWA are tolerated. Two recent 

audit reports detaU the inadequacies of APHIS enforcement. See U.S. Department of Agriculture 

Office of Inspector General, C^Jitrols Over APHIS 'Licensing of Animal Exhibitors, Audit Report 

33601-10-Ch (June 2010), available • at 'httv>://www.APHlS.gov/oig/webdocs/33601-10-CH.pdf: U.S. 

Department of AgriciUture Office of Inspector General, Animal and Plant Health Inspection Service 

Animal Care Program Inspzctions of Problematic Dealers, Audit Report 33002-4-SF (May 2010), 

available at http://ww.w.AFHIS.gov/cig/webdocs/33062r4-SF.pdf , ;.:^r 

15 APHIS regulations define "wUd animal" to mean "anjf^animal. which is ,now. or historicaUy has been 

found in the wUd, or in the wUd state, within the, boundaries of the .United States, its territories, or 

possessions...." 9 C.F.R. § l!l. An "exotic arumal" is defined.as "any animal not identified in the 

definition of'animal' provided in this part that ic native to a fbreigri country or of foreign origin or 

character, is not native to the United States, or was intrdduced frbiri abroad." Id. The term "animal" 

means "any Uve or dead dog, cat, nonhvunan primate, guuiea'pig, hamster, rabbit, or any other 

warmblooded animal, which is being used, or is intended for use for research, teaching, testing, 

experimentation, br exhibition purposes, or as a pet... "Id. 

14 
• (; 

(b) (1) Handling of all animals shall, be done as expeditiously -and carefully as > 

... possible, in qr^nianiier,, that; does-ript^ traurriq,. pverheqting, excessive 

cooling,.behavioral stress,.physicfil hqrrn, p^^ 

(2)(i) Physical abuse ^shaU not be used tp^trairi, work, bf otherwise han 

' ' aniirials.' (U) Deprivation of food or water sh'aU 'not be used'to train! work, or ' 

otherwise handle animals;' 'Provided,'-•'however, ;Tha't''-the short-temi • 

withholding of food or water from animals by exhibitors is aUowed by these 

' regulations as-Ibng as each of the ariiinals affected reb'eives its'full dietary ' - " ' 

• and nutritiori requirements: each ^day. " ' ' ' •'• ' - ' • ^ • ' ' r ' '' 

..-'!>• :r''.,i .:...''r i/o? 'Vvi :-c , ..i fii .v'iiib. • ' •'•. ci^ 

(c) (1) During public exhibition, any, animal must, be^rj,handled so. ther.e is; oi-..^ i 

minimal risk of harm.io^the animal and to the public, with sufficient distance.^-.. 

' and/or barriers between the ariirnal and the general^ viewing public so as to , f 

dssii^re the safety of ariimdls and th^ . i . . 

-u ''v'' i'l"*' i i'*i'i . -. f.,' r^ ^ r'.r-..^ . • ^ r ^3UK:'r^j r. 

•'• (2) Perfoririirig 'ariiinals shaU be aUowed a'rest pefibd between performances '' 

at least equal to the time for bne pierfbimarice. • <' ' - i . s,i 7.u • " 

• (3) Young dr immature animals shall not '^bS exposed to rough' of^ excessive-

:: public ^handling or, exhibited for periods of time ujkvck-would be detrimental to •-

their,health or well-being. • •...-,.:-.f fft^ .'i - : ' .n, •;- r :-, 

. ' • .. '.-it.- :• J.J.-.. - . rr ' t*?;-!^ }-:',n .•„ r ^ ' • 

(4) Drugs, such as tranquilizers, s,haU.^,not be.^ .used to faciUtatej ,aUow,, .pr .• 

provide for pubUc handUng of tlie animals. 

(d) (1) Animals shaU be exWbited only.,.fo^^ of time and under 

conditions consistent with their good health and weU-being. 

(2) A ! responsible, knowledgeable, and readUy identifiable employee or 

attendant must be present at aU times during periods of pubUc contact. 

, (3) During public exhibition, dangerous anirnqU siicH tigers, wolves, ' 

bears, or. elephants must be under the direct] control and^ of a 

knowledgeable and experienced animal handler. , ~'... , 

(4) If pubUc feeding of animals is =aUpwed;, the, food piust be prpvided by the 

animal faciUty and shaU be appropriate, to ;the'type of-animal and its 

nutritional needs and diet. ' - ^.'j T. .C. • : : 

•;[ -^f-l •,i'n-:'.i ri. • ,.-•>: s\ ^.fi-''i " • '.vii . .., 

(e) When climatic cpnditions present-'a^ threat to ari aniiriaf s health or weUbeirig, jappropriate measures' must be.taken to aU'eviate" the impact of those 

' condition^ An'•animal: iriay rieyer'be siibjected tp' any cpriibinatiori of ' 

teiriperature, humidity, arid'tinie'that is detrimental tp the animal's health of 

. , weU-being, taking intQrPP^'sideration such factors as the animal's age, species, 

. breed, bveraU health status,„and accUmation. . . .. , 

15 
9 C.F.R. § 2.131 (emjDhasis addad): - i:' ' - ' • •' ' . ' • •••••• • ' 

In ,1989, when APHIS proposad these;;handUng regulations, the .agencyj expressly stated 

^ that "exhibitors do not have a right to aUow-contact between the- pubUc arid dangerous 

animals." 54 Fed. Reg,. 10,835,.J0;.880,(]>Jar.:; 15, 1989) .(emphasis ^added). However, the 

regulations do not expUcitly prohibit such, contact, instead adoptirig a performance standard 

layered with a patchwork of agency guidance documents that are vague, entirely subjective, 

and do not clearly inform Ucensees, inspectors, or the pubUc W:hich activities are prohibited. 

The regulations are most;.confusing:as appUed to big cats,,-Since ,Uons and tigers are 

expUcitly mentioned as examples of dangerous animals in Section 2.131(d)(3), "during 

pubUc; exhibition" such MgccatSj, must be ".under the ,direct control and/supervision of; a 

kno\vledgeable and experienced animal handler.". 9 C.F.R.'.§.2:131(d)(3).i,-In addition to being 

under.the, "direct.cpntrpl" lOf-.the handler, big.cats (as with aU other:animals) "must be 

handled so. there is minimal risk.of harm to the aninial and-to the, pubUc;,with sufficient 

distance and/o.r barriers between the animal and the general xdewing pubfic so as to assure 

the safety of ;a.nimals;and the public.';/cJ at § 2.131(c)(l);.Thus, Ucensees, inspectors, and the 

pubUc are lesft to their own subjective determinations of whether a-big cat is indeed under a 

bander's "direct control'' and what : constitutes "sufficient distance .and/or; barriers"-for an 

individual big cat. See Antle,u. JoMnns, 2007 WL,5209982 (D.S.C.;:2007); aff'd per curiam, 

264 F. App'x 271 (4th Cir, 2008). (upholding .USDA decision that;fpund, a violatipn of 9 

C.F.R. § 2.131 when persons who are to be photographed with an adult big cat are aUowed 

to st.and behind, the .cat withoutriany> barrier between .the ;cat. and the.,pers'pns being 

photographed). ;:<f/e;.;--.; M ,v;; ^. '-V-J ^; !• .•.?'. rr-\-'-'i'r;^-:,u-. 

A hodgepodge of agency guidance fujc-ther cqmplica.tes;thi.s<subjective standard and creates 

confusion for determining when^jpublic. coritact with a particular big cat is aUowed. Several 

agency documents suggest that APHIS . generaUy interprets this performance standard as 

being '/iolated when the pub.Uc.handleS;.a big, cat under the age of 8 weeks or over the age of 

12 v/eeks (hereinafter referred to^as the "8--12 week poUcy"), .. > . 

For example, Ucensees who intend to exhibit potentiaUy dangerous animals should receive 

a copy of APHIS' "handUng potentiaUy dangerbus aniirials" lettef I'.which-states" that "direct 

pubUc contact with juvenile and adult felines !(e 

does not conform to the handUng regulations,, because it cannot reasonably be conducted 

without a significant risk of •'. •. .harm ;" ::to' the aniniaL 1 of "> the >=pubUc."' See 

http://www.aphis.usda.g6v7animal weKare/2011 Inspection Guide//§.7.14%20HandUnig%2b 

of%20Dangerous%20Animals%20Letter.pdf. The letter-.defines juvenile and adult.,large 

felines as "over-'3 months of age." M' ^ Similarly,' a. recent opinion from., an administrative 

1.6 The APHIS Exhibitor Inspection Gmde Secticn 8.12.8-9 also stated that "direct pubhc contact" with 

juvenile (over 3 months of age) and adult feUnes such as hons, tigers, jaguars,' leopards, and cougars 

16 
law judge cpnfirms that the performance standard may, be .violated fwhen the pubhc is 

aUowed to come into contact with a big cat over 12 weeks. See In re Jamie Michelle Palazzo, 

d/h/ a Great Cat Adventures and/ James'i£i^ei!i?iggs,"AWA Docket No. 07-0207 Appeals 

Decision, and Order '(May'10, 2010); However;;age -alorie is not enough-to determine-a 

violation of'the handUng regulatioris," which makes ic^pUectirig enough evidence to prove a 

violation an extremely difficult task for inspectors:*;--'^- ...*f;o " , 

.: - • •. . J, •r '<\ ..'. -(/l-;:;:- r.,:\\,)ii 'o . ' •:. : J"'. c! 

The "handUrig JxPtentiaUy darigerbus ariinials" "letter^ also''-sto that the' "handUng 

regulations do not appear to specificaUy prohibit direct pubUc contact with infant animals, 

so long as it is not rpugh xir exbeSsive, ahd so long as th^f^-'is-iriiniriial risk pf harin to the 

animal ' ' '-aiid-^^ ;' i^-ito ; • the '- rq-v:).-^^ • pubUc." • • --^^'See 

http://www.aphis.usdaigov/animal= Welfa:re/2011 Ihspectiori Guide//9:7. l4%20HandUrig%20 

of°7o20Dangerous%20Animkls%20Letteif.ridf; ift^cbritrast. a tJ'SDAFact Sheet; entitled 77ie 

B i g Cat Questions and Answer: ^'Cornnibnly AsUed Big ' -Cdt Questtons, pro'vides 'that 

"Although': iw^ do' not-en'cbuf age piibUc'cJontiEtct-^with cubs,'" it Us ptos^ible 'for' ari exhibitor to 

exhibit cubs over'approximately'8 weeks'-of-age'(i.e., wheri'thefr imiriune s^ystehis have 

developed sufficieiitly to-protect them from most cbirimunifcable diseases),^to'the'pubUc, and 

stiU comply- with- aU of'''^ the • regulatbry' "'' requirements." -*See 

http://www.aphisiusda.gQv/ariiMal welfare/downlbads/big-6a cat "q&a.pdf *See also In 

re Craig A.Perry (d/b/"a/'Perry's''Wilderness Ranch-&^Z6&),AWADocket No. 05^0026^ 2012 

WL 1563490 OVIarch 29, 2012) (''Even cubs can-harm'the pu^^ ^ • s -

'.Mi!-' ST,:, h • ;;!.•] -•; :,.•;•''(' O r rl.i ^y'^rXB . ' •/ ^ " , J 

Thus, with' respect tb big catSj it''appears frbrii thi^''~patchwbrk of documents that APHIS 

inspectors may use the ages of 8 weeks and 12 weeks as thresholds for further investigation 

of violations of the performance standard. PubUc contact with big cat cubs between 8-12 

weeks is apjJarently aUowedy whUe cbritact with infants under the age of 8 weeks may be 

prohibited to protect the: aniriial and cbritadt'with'-juVeriiiSs-'and adults over 12 weeks may 

be prohibited to protect pubUc safety. iSome 'irispeblfers ' apparently inforrii'UceriSbd 

exhibitors ofthe 8-12 week poUcy (spufring'frivolous breeding to maintain a slipply of cubs 

within this age range, as discussed below); whUte soirie inspectbrS and exhibitors app^^a to 

may not. be done safely under any conditions" and/'dpes not. conform tq^the handUng regulations." 

Effective April 6, 2012, APHIS replaced, the Exhibitor Inspection Guide .with the Animal Care 

liispectibn Giiide "to reduce confusion arid streamlihe information for oiir inspectors, regulated 

facUities',"" • •'I '' OK; u: r. T'U'.:• • '*ff . .'arid ' 'd^-r •'' '•• stakeholders.'-

http://www.aphis.usda;gov/pubhcations/aniirial welfare/2012/SA AC-guide ireplaced.pdf. .•;>i. The 

Animal. .Car,e -Inspection Guide, contains,, specific guid^ance on photo shoot inspections, petting-zoo 

inspections, t and travieling ' . , exhibit inspections. Slee 

http://ww!aphis!ti8da.VoWanimal vyelfart/2bl 1' Inspection^ Guide//6.12%20Pliot6%20Sh6ot%20Insipecitons.pdf: 

http://www.aphis.usda.gov/animal '^welfare/2011 Inspectioii Guide//6.1 l%20Petting%20Zoo%20Inspection.p(if:' 

http://www.aphi3.u3da.gov/animial welfare/2011 Inspection Guide//6.16%20Traveling%20Exhibitor%20Inspecti 

on.pdf. These new guidance documente do not contain the language regarding 3 month old big cat 

cubs that was previously contained in the Exhibitor. Inspection Guide; creating additionarconfusion 

for APHIS inspectors and Ucensees. .; . . c .;.:- ,• :* ', .-s • ........ . 
be unaware of the 8-12 week poUcy<and! .are'left with their o wri subjective interpretations of 

"direct control" andn'fsufficient distanceiand/or barriers" wheri •determining if pubUc 

handUng is compliant with AWA regulations. 

SimUarly, beafs are explicitly recognized'as-a-dangerous ariimal, and thus pubUc exhibitibri 

of bears can only be doiie When the aniriial is under the "direct cbntrol" bi the handler and 

: there is "sufficient distance arid'or barriers" between the animal and the pubUc. 9 C.F.R. § 

.2.131. The term "direct eontrcl" is not defined in the regulations nbr is there guidance on 

iwhat constitutes ''suffieient"'distance or barriers between bears arid the pubUc. Furtheri the 

"handUng potentiaUy dangerous animals" letter'does nbt'include any discussion of pubUc 

contact with infant or juvenUe bears. Thus, young or immature bears may be handled 

provided that such handUng is not "rougU or excessive" (undefined terms that are also left 

to the subjective interpretation of the Ueerisee, the iiispector,'and the pubUc). 

.Ciurrent regulations regarding primate handUng specificaUy • aUbw' pubUc contact with 

"trained nonhuman primates"df the animals'"are under the direct control arid supervision 

of an experienced handler br trainer at aU 'times during the contact." 9 CFR §§ 3.77 (g), 

3.78(e), 3.79(d). There is no specific guidance regarding the age of primates who m.ay be 

used for pubUc contact exhibition and the term "trained nonhuman primate" is not defined. 

Thus, handUng of aU nonhuman primates toiist generaUy be consistent with the handUng 

requirements for dangerous animals:in-Sectiori'2.131(d)(3). 

More than a decade ago, APHIS Ipioposed^;~a draft poUcy regardiiig-'the' haridUng'of 

potentiaUy dangerous animals, .recognizing ;.ihac ''[pjotentiaUy' dangerous 'a^^ can 

become aggressive during pubUc handUng or exhibition and can cause serious harm to 

themselves, their'handlers, and members bf<.th8 pubUc." 65 Fed; Reg. 8313, 8320 (Feb. 18, 

2000). The draft poUcy described what levels of knowledge and experience handlers, 

trainers, and other personnel should have,'what handUng techniques arid procedures are 

unacceptable or inadvisable under the regulations because they cbuld result in harm to the 

animals or the pubUc, and what contingency plans'should cover in the event that an animal 

becomes aggressive. Id. That pcUcy did not expUcitly prohibit direct pubUc contact with 

dangerous wUd animals such as Uoris, tigersj'and bears (which, as discussed below, experts 

now agree is necessary); the proposal did,.:hbw3ver, "note that macaques should not be used 

in situations where pubUc contact is^iikely because they present a'risk of serious and fatal 

disease transmission and because cf other health and^safety concern's..." Id: 

APHIS never finaUzed the draft poUcy and in 2004 expUcitly withdrew the draft 69 Fed. 

Reg. 30601 (May 28, 2004). ^\PHIS noted that the "draft poUcy statement was developed to 

provide guidance to exhibitors and other regulated persons on how to comply with the 

regvdations regarding trairiing and handUrig of potentiaUy dangerous animals"; however,-

18 
the agency specificaUy.istated that; "We. have 'determined- that • any '.clarification of the 

regulations should be accompUshed through rulemaking...T/d. (emphasis added). 

i , .---.c::.,; i;.,-';' •! •' r i ^^ ^' i:-.. r • 

In addition to expUcitly asserting that clarification of the handUng regulations must be 

done through .rulemaking,;: the agency :has.-,raIso;i previously lisupported,, a' legislative 

prohibition, on exhibition, activities involving pubUc rcpntact withi dangerous animals. ' See 

Letter from-Acting Secretary Charles F. Conner to;-Representative: CbUin 0. Peterson ire 

.rH.R.,1947 0,ec.: 18, 2007) (supporting a federaltbUl to prohibitp.ubUc contactrwith big cats, 

commenting that '-'USDAy agrees' that such situationsv[i:e.', those' involving pubUc cpntact] 

are inherently .dangerous."-and; a ^''prohibition ,on direct .contact .betweeri: the pubUc and big 

cats'-is"appropriate.'^): . r r ••. ,' :J''J >• ti :'^:. - ; ; •:'• ->•.••.• 

• ;;..'! -.cy: i I, y,v!'r--r-.: • . y--.:"-•.:r<iii,u--i. ] z'r yUW-.: 

Further, the agency has pre\::iously,;re.cbgriized.that'AWA regulations should.be amended 

when "advances have been made and new information has been developed with regard to 

the housing and:care'!..of animals. 75;Fe.d. Reg;- 79715.(Dec.,?20r2010). Since the handUng 

regulations were promulgate.d in 1989,. there have; been significant advancements , in the 

understanding of the,ianimaL.welfare, -conservation, and.: pubUc safety threats,caused by 

pubUc;contactexhibiticn, aSiLdiscuss below.^ - , • . . • :i !:K:-: •( i .' i." .i-: . : .! 

: ..".;••;• ] i . 'i-'.f' , ••!•''. • :i • L;', . ' ' . -c .'-.:<.' 

Thus, there is clear statutory authority for rAPHIS ,t«-;adopt handling regulatioris-necessary 

to ensure the humane handUng of exhibited .animrils; . the,i-currerit regulations are 

unacceptably, vague, the agency has acknowledged in the past that further regulation of 

pubUc:handUng:ofT;dangerbus ariimals is needed,'and there is clear scientific evidence to 

support,'an-;expUcit,prphibitipn-of such activityj;as5diseussed belpw. 

V! • Current-Handling Regulations Are[Difficult 'XCjEnf6rce and Applied Inconsistently 

,1 ' ';^'-' .>i ; - ' v'..!-.tfr^n?/ b.Kh. - . ! •: ^•••:• • 

The .current handling regulatipns, described above,, include numerous subjective standards 

that are extremely ^difficult to,enforce, especiaUy-given the imvitabiUty of exhibition:. An 

APHIS inspector would have to be present, at. the exact moment,'and for the .duration of, the 

pubUc interaction to determine, .whether a dangerous aniriial was under the "direct control" 

of an animal handler, if'there is'^sufficient distance ;and/or; barriers" between an animal and 

the pubUc; or if a young, or, immature animal, i'sjbeing handled ."excessively." 9 C.F.R. § 

2.131. Further, there is no standardized definition of what constitutes "direct control'' (arid 

given that dangerous animals: such ais, lar^e .carnivores are, farj more pbwerful than any 

human handler, it is not readUy apparent how such control could be humanely maintained 

when the animal is outside of the primary enclosure).. Nor are: there clear standards for 

what constitutes "sufficient distance arid/of; barriers"!'' between.the piibUc and animals or 

" TTie Big Cat Questions and Answer: Commonly Asked Big Cat Questions document does provide 

that with respect to those species "[t]rained handlers, leashes, and stages, for example, are not 

: 19 
"excessive" handUng>bf young aniiiials.' /cJ.-Without regulatbry definitions of these terms, 

Ucensees are not clea'fly on riotice as to what ac tivities> are prohibited,-'-arid the agency is 

neglecting its statut&i'j"-duty to provide''enfbrbeable minimum requirements for humane 

handUng. ••,,•!;:. •. >- r ^.n-ir-ir: •: ' - . ; 

The 8-12 week poUcy for big cats raised'particular eriforceriient concerns, as even when 

APHIS is present during pubUc exhibition it is almost impossible for inspectors to 

determine if a cub bein^f used on^displaiyiis truly within the'age* range of 8-12 weeks, giveri 

the gfeat variance (bbthdritraspecific'and interspecific) in'bbdy size. WhUe knowing a cub 

is /ulnerable because''of-itis :::age is'appareritly ribt encugh tb-'cite for a violation' of the 

handUrig regulations as iiriSpectbf s rieed eviderice of adverse'effects bf handling to find a 

violaticri of the perfofmariiie standard sb'ine inspecitbrs 'do appear tb give significant 

weight to the age ofthe aniriial.-See', Inspection Report-for Zbotastic of Lake Norman, 

Inc. (Iv^ay 18, 2011)' (citirig a viblatibri bf Section •2.13l(c)(i) and ribtirig that a 4.5 week old 

tiger: cub "is tob young'to be iri pubUc contact as youri'g cubs ^less-than ^6 weeks old do not 

have robust'im'mune sySteiiis5 and are vulnerable to infection."). Thus, it is extremely 

difficult for a'Ucensee (or inspector or'teember of the pubUc) • to kriow if pubUc contact is 

aUowed with a particular big cat'and under what circumstances. ' • 

This difficulty in enforcement is denibristrated by'the'fact^that Uceiisees who routinely offer 

pubUc cbntact'with big-cats, beafs; and norihuiriian primates afe very--rarely cited for 

violatibns of the performance stajidardg'in the handUng' regulations, despite abundant 

e-^ridence of the negative animal w.elfafe=impactfe'ir0in such activities:''* -'r 'rw: •.; 

For example, the GW Exotic Aniin'al iPark: (#73^-C-^0139),' whibh regiUarly offe of 

the pubUc the opportunity to intefact 'aild take photographs with'big cats (see Appendix A), 

has only been cited for one haridUrig3 Viol:atibri sirice-March 2010, and that citation was the 

resiUt of a complaint subriiitted tb USDA by a'concerned citizen: See Inspection Report fof 

GW Exotic Animal Park (Dec. 1, -2011) (biting a violation of 9 CFR § 2.131(c)(1) when a 3 

month old tiger cub on a leash" knbckbd down a smaUichUd). Thus, in 15 inspections of this 

faciUty over a two year period^ the inspectors'v/ere^unable to gather enough evidence to cite 

for handUng violations that foutinely occur at the'faciUty (e.g;,^excessive handUng bf young 

animals and" handUng' of ;darigeroiiS animals^ with 'insufficient''^distance "br barriers). 

SimUarly, several other Ucensees that routinely offer pubUc contact with big cats (e.g., 

T.I.G.E.R:S., #56-0^0116; Beth Corley, #73-0-0167; 'and WUd?AcresiRanch, #31-0-0211) do 

not have any citations fbr violations of SeCtion-2.131 related tb big'cats Usted in tUe'APHIS 

database (as of October 16, 2012). " . : v.r . . 

substitutes ' ' for "'sufficient ' distarice and/of ' barriers." ' See 

http://www.aphis.usda.gov/animal welfare/downloads/big cat/big cat q&a.pdf. 

20 
AdditionaUy; facUities .known:i.to.; routinely/ aUpw- for ,pubU.c--contact, with bears (e.g., 

Cherokee ,Bear ;Zoo,. #55-0-0118;. ;YeUowstone Bear .World, o #82-0-0042; and Robert 

SawmUler, d/b/a .WUdUfe on ;Wheels & Awesome Animal Attractions, #31-0-0083) (see 

Appendix A) do not have any citations for violations of Section 2.131(c) (regarding excessive 

handUng of young bear cubs) or 2.131(d) (regarding unsafe handUng of dangerous animals) 

listedinthe,iAPHIS database-(as,of Octoberi.3:^;-2012)j..' •.- >, -;oi ;:: ; 

-"I . ' -ii. • r.. 'r r^--ir '-.ne:];* ^-s- • :;..-.' .''•-

SimUarly, since there is np> definitipn'for vy^hat constitutes, a "trained nonhuman jpriinate" 

(and since,such status, which.itself;is a,.dubious cpncept;given the.Wild; unpredictable, .arid 

aggressive nature of nonhuman primates, would be exceedinglyjdifficult fori an inspector to 

verify .during a .particulariinstance :pf,pubUciContact), the prunate handUng regulations!are 

also. not. clear cenpugh , to prptect animal, welfare of pubUc safety, jindeed, a search of the 

APHIS database ojUy revealed artptal pf two, .citations for use of ,an uritrained primate [(as of 

October,4, 2012). See,Inspection Report forrTammynThpmson ,(#74 

(citing for violation,pf.and nPting that "[d]uring;a presentation jby the Ucens,ee.;:the pubUc . 

was aUowed to gp into the area of the traveUrig hpusing faciUty containing 9'lemurs and 

were seen tpj be touchingt some of the lem'ars.i.A. teenage: girl was seen tb! reach into the 

enclosure, grab one of the .animaKs taU arid puU .'it through' the enclosure rriesh. No 

experierice handler or trainer was present or in any position to have direct control and 

supervision bf this contact. Prior to the fpresentati.on .j.by the Ucensee,':One identifiable 

emplpyee w^s in the area pf;the traveUng .housing;with ,2; juvenUe (3 months old) leriaiurs 

w!hp;were unrestrained by:.any means..;;. The employee picked up the 2 lemurs.and handed 

them to one of the [visitors;upon request]?-.Ther,:emplpyee;.did ,not have any . method of 

restraint or means of control for these animals whUe the girls were holding them and 

taking pictures:"); Inspection Report ,fcr.: ZobtastiC; of [Lake/N^ Ii^'C. (#55-C-0243), May 

18, 2011-(citing.for; violation of,9. CFR § 3..r77,(g).and-.not^^^^ that the^Ucensee used a 1 year 

old vervet mjankey for- pubUc contact, photo shootsceven though the monkey .had not been 

tested for herpes B or tuberculosis:.and was not a'trained performing animal). Multiple 

other faciUtiJes i that are 'known :to .routinely offer pubUc contact with priinates/'in an 

excessive and unsafe manner have nptrbeen: cited: for violations of the i general handUng 

violations or the primate-specific handUng regulations.- For example, the DeYoung FamUy 

Zoo (#34-0-0141) and BUtzen & ,Co. (d/b/a Sayanahland Educational Park, #43-0-0208) (see 

Appendix A) have :np primate.handUng violations-Usted in the APHIS database. 

TraveUng menageries,; which, often feature .pubUc interactions orcphptographic opportunities 

with big. cats!, bears,-pr npnhuman.'primates,.also raise heightened enforcement concerns. 

Different inspectors are often responsible for the different locatipns traveled tP, and thus 

the inspectpr| famiUar with the animals at their home site, may not be in the location to 

conduct an irispection on the road. TraveUng menageries are not even ,required to submit 

itineraries of, tlieir. future travel. See Animal ;Care Inspection . Guide, Traveling Exhibitor, . 

•6.6.14 •'!••••;• • .•: ,',.-, .1'.;: ; ; ' • . .(2012), 

i-r 1 • • 21 • 
http://www.aphis!usda;gov/aniri:ial welfare/2011 Inspectiori Guide//6.16%20TraveUng%20E 

xhibitor%20Inspectiompdf: ,74 Fed: Reg-.i'50738 (Oct.':1;-.2009) (pibposed rule to require 

traveUng exhibitors tb submit itineraries to APHIS at least two days in advance).i^ Without 

being able to track big cats, bears, and ribrihurnan''pfimates involved in these traveUng 

menageries, it is exceedingly difficult for APHIS to foUpw'up on potentiar violations ofthe 

handUrig regulatioris (M&'trie impacts bf inhumarib or urisafe haridUng inay not be felt or 

noticed uritU the anirrial'has'moved to aribther loC'atiori). 

These enforcbabiUty pfobieiris are exacerbated by the resource sliortages that APHIS faces. 

'APHIS has only about 120 Ariiriial Care inspectors to peffbrm irispbctions for more than 

3,80()'exhibitors at a'wide variety of facUities that possess big cats, bears, and primates. 

See APHIS, About Animal Care, at 

http://www.aphis.usda.gov/animal welfare/about ac.shtml. Thus,.,it is., imperative that 

APHIS regulatipns draw clear lines that Ucensees can .follow,,.so:that^animal w'elfare and 

pubUc safety are protected even in the.absence of inspector.presence,,Such unambiguous 

standards Nv^puld,. also reduce the administrative enforcement,burden because less time 

would be spent, trying to. determine if. there is a violation and because a clear rule is a 

bigger deterrent to inhumane activity . ^ . 

As explained in depth below, there,.is simply no safe or. humane, way to aUow. for .public 

ha.ndUng of big cats, bears, or.,Jjonhu.man primates of any age, and it is, essential. that 

APHIS expUcitly prohibit such activity.,^'The current performapce s.tandard .reUes on the 

judgment of Ucensees (including .these, >yith,.a ^lUstp of npncompUance with,.the AWA), 

instead of empirical evidence regarding the., negative ...impacts from pubUc handling, of big 

cats, bears, and nonhurrian primatec,(such as unmanaged breetUng that creates a surplus of 

animals; premature mother-infant separation. to make young, animals. avaUable, for 

commercial use; young aniinals routinely exposed to excessive,,handUng; and mature 

animals being disposed of to substandard faciUties when they become too large to handle, 

Uving out the rerriainder of their Uves in inhumane conditions that often pose a risk to 

pubUc safety and' create r.dditionaL. enforcement burdens for local, state,' arid federal 

agencies). The scope: and scale,of this problem is immense and thefe is clear statutory 

authority and scientific justification *;o. unifornxly prohibit such activity. 

18 After Petitioners originaUy . filed this petition, but before this amended version was submitted, 

APHIS finaUzed this rule tD rejquire itineraries, effective January 30, 2013. 77 Fed. Reg. 76809 (Dec! 

31,2012). • .r •" .: <• •'•• rr^ • • - . 

22 
VI. Public Handling pf'Big 

•: Animal.Welfare,.Pliblic Safety, drid-Gonsefvation and M 

' ; • -• • - : r. iPir^l : U 3^:.A ,'M ; .'-- .r-h:V:---r r:u--

As evidenced in this petitipn and,supported,,by experts, .the Metime^.o treatment 

that big cats, bears, and^nonhuman-primates experience,wh^ subjected to pubhc handling 

is unjustifiable under the Animal Welfare Act.. Indeed,, the A\^^A.requires APHIS, to prohibit 

direct contact and unsafe close contact between these animals, regardless of their age, ,and 

individuals pther than trained employees or veterinarians, because expUcitly prohibiting 

such activity is a necessary minimum requirement for governing humane; handUng. See. l 

U.S.C. § 2143(a). Further, , suc^ is necessary. ,tpyprotect pubUc safety uand 

consumer expectations and. to promote the conservation of those species,, who are 

endangered.!^ .-v '•-•n-' ; •" ' 

Infant big cats'; beafs,'and'ribiihuiriari 'prfmatSs'aife iffespbrisibfy bred tp provide'a'-'supply'bf 

animals fof coiririierfcfial exhibitiori arid afe pfematurely arid" forcibly sepafated- from their 

mothers to'be grobmed for human Uandlirig. During'pubUc contact, infants' are excessively 

haridled and'afe p'ut'iri'danger of"*cbntractfrig'diseases. Big'cats, bears,'and riorihuriian 

jjfimates used for pubUc contact exhibition often spend sigriificarit time'traveUng, which is 

known to cause immense stress to large carnivores arid'ether highly-cognitive "ariimals. 

Dangerous aniinals are even subjected to abusive training and painful declawing or defangirig prbc^dufes iri" a fUtUe 'atteinpt to iriake theiri"safe' for public'bontact '"oncb^" they 

mature;' When animals used in such pubUc'KandUng kr^'tto longer profitable, they'are'often 

dispbSed'of'to's'ubstaridafd faciUties tb niake robm for the next generation of infants, who 

are^'ofteri nibre'^ profitable!''''Iri additiori'to these' weU-do6"Umented animal welfare issues, 

pubUc%orita'ct'exhibition iri'volvirig big'catsV^'Heaf4, bf'ribrihuman primates of any age poses 

a risk "tb. pubUc safety,'both' during the'actual •'Coritact' and 'by creating a surplus of 

dangerous wild animals that are kept in bri:cky&"ds al^cl iriadequate faciUties across the 

country. Further','by sarictionirig pubUc handUng'^ bf these'ariimals,-consumers rightly lose 

confidence in U^DA Ucensing. •..-./• 

This petition focuses on big cats, bears, and nonhuman" primates,^as such animals are most 

commonly used in pubUc contact exhibition-and becausejpubUc handUng of .such animals 

(regardless of age) is contrary to the humane-handUng mandate of the AWA, undermmes 

conservation efforts for numerous endangered species, and threatens the safety of the 

pubUc. That many states have banned possession of these animals by unqualified 

individuals further supports the argument that USDA must take action to prohibit persons 

other than Ucensees and their trained employees or veterinarians from cpming intp dfrect 

physical contact or unsafe close contact with these dangerous animals. See Wash. Rev. Code 

19 The Endangered'Species Act, which Congress enacted to promote the conservation of species 

threatened with'extinction, recognizes that USDA has jurisdiction over the p'bssession of animals in 

certain faciUties and encoiu-ages federal agencies to work together to protect endangered species. See 

16 U.S.C. § 1540(e), (h). 

' I 23 
§ 16.30; Iowa Codb Anti. § 717:F.1; La! Aldmin: Code Title 76; Part'V,'f 115; Md. Code Ann., 

Crim. Law § 10-621. Further,' states are begiririirig to recognize that'public contact with big 

cats, bears, and nonhuman primates 'is irialppropriate, and have begun to specificaUy 

prohibit such actioris. See, e.^r., Mi^s: Cbde 'ritle 49,' Chap. 8 & PubUc Notice 3523.002 

(prohibiting physical contact between'inherently dangerous ariinials and'the pubUc at both 

perma!nerit and tempbr!afy^ exhibitioris); AZ Admiri;' Cbde*^^ R12-4-407 (prohibiting 

phbtbgraphic " opportunities' involving p'ubUc contact with restficted 'wUdlife); Kan.' Stat. 

Arin. 32-1306(d) ("a daiigerbus regulated"animal shall riot'be aUowed to come into physical 

contact with any person other than the person possessing the animals, the registered 

designated handler or a veterinarian..."). , , , . • 

' '"A. Unmanaged Bre'edirik ' '' " '' 

In-order to ensure a steady, supply of prpfitable big-cats, bears, and norihuman primates, 

USDA .Ucensees irresponsibly breed such animals without the resources or planning 

necessary >for humane captive.pippagation. This frequent breeding haSi negative welfare 

impacts on the dams and infants and also undermines the conservation.of endangered big 

cats, bears, and primates. .. . ' , r ; • . . : , : , i> 

With respect to big cats, intensive breeding operations have emerged with an estimated 

several hundred cubs.born each .year. Dozens of Ucensed faciUties (identified above and in 

Appendix A) are regularly advertising,opportunities for the pubUc to handle Upn and tiger 

cubs in traveUng maU exhibits, priyate menageries, or. roadside zoos. Given .big. cat 

reproductive biology and that cjiibs are "generally only eligible for approximatefy four week.s 

pf handUng (because of the 8-12 week pbUcy), to meet this advertised supply these 33 

breeding faciUties woiUd have to produce an estimated 200 cubs .each year, at minim um, for 

such pubUc exhibition.^" AP.HIS inspectors may be unavvare that a number of these cubs 

exist, since they may be kept in areas that inspectors dp not routinely inspect (such as the 

exhibitor's home or the homes of the exhibitor's employees) or may be born and transferred 

to another faciUty within months (meaning that annual inspections are too infrequent to 

monitor animal inventories)! . ^ 

Further, animal' inventorie's reported by APHIS inspectors ofteri rely bn information 

provided by the ncensee, which may be'iriaccurate, as the agency does not have a formal 

tracking system' to calculate the fuU scope of this problem! For exaiinplie, one Ueerisee who 

20 If each of these 33 exhibitors had one cub avaUable for pubhc handUng year round, given the 8-12 

week poUcy that wbuld mean that each exhibitor wbuld need i2^cub's per year, which wbuld'equaite 

to 396 cubs born per year to meet this demand. However; it is clear that exhibitors are using cubs for 

pubhc handUng for longer than 4 weeks, and some exhibitors aref more, prolific,and consistent; 

breeders than others.. SimUarly, some exhibitors may not have cubs available,aU year .round, .whUe 

some are known to have at^least two cubs at a stationary faciUty and two cubs in a traveUng exhibit 

aU year. Based on 'this iiifoirm'ation, it is hkely that a minimum of 200 cubs being born each year for 

pubhc handhng is a conservative estimate. See also Declaration of Dr. Rorxald TUson at^7 ("it is. 

hkely that weU over 100 tiger cubs per year are born in the U.S. outside of the AZA Tiger SSP"). 

24 

; • • . 
routinely offers pubUc .coritact..-with-big cats, and bears -(Joe Schreibyogel, #,73-C-0139) 

recently pubUclyijinpcked . the, . inaccuracies, of USDA's. inyentpries, claiming "[I] guess 

according to this inventory I could sell 35 mpre.tigers pri the black,market..:and no one 

would miss them, huh?" See Appendix B.r,See aZso Declaration,of Car^^ at T|3 ("it 

appears to be routine practice for USDA exhibitors, to simply as]k Ucensees for an inventory 

, of their animals, as opposed to personaUy yerifying, .these numbers'!). Without knowing how 

many animals Ucensees possess it is extraordinarily difficult for the, agencyjand the pubUc 

to measure the .exact, scope of,the problem of bree^ding,.for, p.ublic contact exhibition (or 

subsequent disposition). ^ ; . ... , . . ,, , ^ . - , . (, ; 

Primates and bears may be bred less frequently, given the s'p'^ecies' biology - gestation 

periods and interbirth intervals are generaUy longer amongst primates:,and bears than big 

cats. See, e.g., J. WalUs, A Survey of Reproductive Parameters iri the Free-Ranging 

Chimpanzees of Gombe National Park]'. J. of Reproduction iand'FertUity Vol:f'109, 297-307 

('1997) (chimpanzee gestatipri averages'225.3 days); Joan SiUc ^et aL, Gestation 'Lerigtfi in 

Rhesus Macaques (Macaca mulattaj), Irit'l: J. of Primatology Vol. 14(1) (1993) (average 

gestation period for tins macaque monkey is'166.5 days);'K;Rf Foresman & 'J.G. Daniels Jr., 

Plasma Progesterone Concentrations in Pregnant and Nonpregnant Black Bears (Ursus 

americanusj, |J. of Reproduction and FertUity Vol. 68, .235,-239 (1983) (black bear gestation 

peribd'is apprbximately 225 days,, including about"l'45-165 .days of arrested development); 

Maria Pasitschniak-Arts! [/rsi/s arctos, Mamm'aliari Species No. 439! Ariierican Society of 

MairimmbgistsX1993) (grizzly: bear 'ges^^ days of (ielayed embryo 

iniplaritatibrifand 42-56 days pf fetal develppriierit); Linda L. Kerley et al.. Reproductive 

Parameters'q^^ Wild'Female Amur (Siberidri)' Tigers jPan^ tigris altaica^, J. bf 

Mariamalogy Vol. 84Q), 288-298 •(2003) (tiger ge^^^ is approximately 103 days); 

Craig Packer Anne E. Piisey, Male Tdkeovefs and iF^efnpile Reproductive Parameters: A 

Simulation of Oestrous Syri^hrohy in^ Lions (Paiitll^^ Behaviour Vol. 31, 334-

340 (1983) (Uon gestation period averages 110 days)! Fufther, the lack of an 8-12 week 

poUcy for primates arid bears ineairis that Ucensees* have less financial incentive to breed 

these species'as frequently, since they can WwfuUy be used fbr public handUng without any 

age restrictions (provided the performance standard is met). However! "it is clear that 

numerous Ucensees are breeding primates-and. bears arid making infants avaUable for 

pubUc interaction, and; photo, shoots,,.,and such'breeding .is,:done for ,coinmercial purposes 

with np. regard, tp preservatipn of genetic integrity or planning for the Ufetime care of these 

long-Uved animals. 

i : ' ' 

The Association 'of Zpos,!.and Aquariums (A2LA) is the only domestic, organization that 

manages.-, . endangeredt- ; species : - through Species- Survival: r Plan's (SSP, 

http://www.a2a':org/8pecie8-survival-plan-pfogram/): based- on"' the best- avaUable ' science to 

mairitairi geribtic inte'grity of captive' colonics as'a hedge against extinction. Conversely, 

according tb Dr. Repaid Til^pn, whp coordinateid the AZA 'Tiger SSP friopi 1987 to 2011 and 

has .decades of experience in tiger husbandry: > . ? :. .. . • ' • , 

' ' : •' • ' • • • '•' ' ••• '25 
breeding, pfaadces,- by pubUc. contact:'exhibitors., .seriously undermine ' 

legitimate in-situ species conservation efforts, jeopardize animal health and 

welfare issues, and sends false and misleading conservation messages to the 

general pubUc. ... Roadside zoos and bthef unaccredited facUities'breed cubs 

recklessly each year to'supply the demand for pubhc handUng Private .: 

. . breeders . typically^ ignore professionally recognized, .best, practices like . 

maintaining/increasing genetic integrity,.,aUowing mothers to rear t 

offspring, and insuring both mother .and cubs are not s.ubjected to stressful . 

, . . environments, such a,s constant in.t^er-city transfers in inadequately designed 

vans/trucks. By frivolously breeding tigers, for example by not maintaining, 

. , genetic diversity, the result is that these offspring roost likely .will have lower 

reproductive success, some will/suffer, from, cpngenital, defects hip 

, ..dysplasia and cleft palates. and„a few.will, become sp neurotic that they wiU 

attack and maim or kUl their cage mates.: , !. , 

Declaration of Di-. TUson, at 116-7... .. 

SimUafly, Else Poulsen, a bear husbandry expert with over 25 years of experierice working 

. I . , , .''1 . ' .. . . . ... . , ' . 

in captive wUdUfe management,'^ recognizes the detriniental impacts of breeding for pubUc 

contact exhibition. See Declafa'tibn of !Else Poulseri, at ^5' ("Breedirig bears outside of 

legitiiriate captive propagation" programs has se'rioUs i'mpUcations for bear welfare and 

conservation. These* practices resuifin a^ ipopulatiori of bears withiout genetic integrity..! and 

a surplus of bears relative to the space available to "provide adequate lifetime cafe: Often 

exhibitors engaged in the businesses of aUbwirig' pabUc handUng; of bea do'riot ehaplby 

professionaUy recognized best practices likJe' k(;epirig a studbook that is shared between 

faciUties to encourage genetic diversity'and'-accouritabUity.'')! See also Assbciatibri of Zoos 

and Aquariums, Primate Advisory (jc6iip, 'Primdce Pet Position Statemerit, available 

at http://www.lpzoo.org/chiin*p''^ss'u/AZA' statement.pdf ("Pet primates are uriable to 

contribute geneticaUy to those coriservatioii pf bgrairi's in which they are needed due to their 

isolation from the managed-pbpulatibn'arid also'in riiany cases to serioUs deficits iri their 

social skiUs related to their rearing and mai'ntenarice in isolation from other's of their 

kind."). ' • ' ' ' ' • ' ^ 

As discussed in the foUowing secticn, this ^f;•iY61ous comm,3rcia! breeding is almost.,aIways 

assbciated with premat!.'.re .motherrinfant. separation, which.has negative welfare impacts 

on both the dam and infant;,Tndeed, 'the, premature separation of mothers and infants may, 

decrease the interbirth interval for these species, increasing •^,he frequenej' of breeding and 

infUcting unnecessary distress on the mother. Further, because many species of big cats, 

bears, and primates are "nearing extinction in the wUd, such unmanaged coriimercial 

breeding is e'ven more egregious and stands in stafk contrast to bfeeding by AZA-accredited 

faciUties that preserve gerietic integrity and ensure iarnmal welfare. Iri order for APHlS tb 

protect animal welfare, as required by the AWA, it must address irresponsible breeding by 

26 
Ucensees, which is a;root cause. of the welfare crisis seen in substandard faciUties across the 

country.- [•:-. •••,! -u'v". •-:••..•'••••;<•"''•-•.••:•-..••. • ; ;-,rs ' 

B. Pfemature Mother-Infant Separation..„ . . , . .. 

! ' - . ! ' r . ' '.' ' •. .• 

WhUe pubhc interaction and phbtograplub opportunities^^ cats, bears, and 

nonhuman pririiates stUl does bcbur and is riot expUcitly pfbliibited by currerit regulations, 

exhibitbrs' mbfe frequently'offef public'Cbntact' with'irifarit arid'jUveniie animals." This is 

Ukely because the Aineric^an pubUc is quite enchanted with ianiinal babies and, thus, there 

is more opportunify for cPitimercial gain'with siibh aniirials; See,'e!'^"!,, Stephen Jay Gould, A 

Biological " ''"Hdmage " • ' 'to Mickey'''' Mowse," available' at 

http://todd.ia"ckman.viilarib'ya:edu/HurilanEvol7Hori^ ' ':' ("Many 

animals. ^ possess''soirie featiri*es 'aIsb 'sha babies! : : we are drawn, to them, we 

cultivate them as pets! we'stbp ari'd admfre' therii in the wild.". ;feafures of hurnan cUUdhood 

/.-I 1 • .. . .^ii. „ II =J'!: i.1 i_:'i - 'n -

In order tb make infant big cats, bears, and nonhuman pririiates avaUable' fof "pubUc 

handUng, such infants, must-be separated .froni their dams .prematurely and often, forcibly. 

For example! onej insider, who formerly (worked.fpr...a, pubUc cpntact exhibitor (and who 

submitted a complaint to,,USDA on ^ept. 1, 2012),- pn ,thfee occasions in less than a year 

;v^itnesse,d ''infant cubs. b(Bingr p]uUed .from their jnothers whUe the cubs were actively 

nursingj the J same,,day .t.b?5^, were,-born^^^ Se,^,. a/so,,Declaration of,Else Poulsen at 116 

("Prepiature separation pf mother, and ,ne,wbprn be.ars is a cbmmon practice for pubUc 

contact exhibitors, as. hand-rearing cubs,,aUpws. the pubUc access to smaU bears that are 

easier to.fe.ed.and handle."); Peclaratip;^,,pf'Dr;.;Tilspn,.at.1Ill ("In many instances where 

substandard .facilities, separate c,ubs .because, of a,.clai.m,.that the mpthers are npt prpviding 

proper carp, it,may be that the, birthing .environmierit,..including the presence of staff, 

cpntributed to the rejection by the mother.'');, Peplaration pf C Baskin at ^5 ("Because 

young, cubs are the, most profitable for exhibitors, most , are, prematurely separated,from 

thefr mothers.''); Declaration,of Dr.. Henry M. Richardson, D^M^at ^7 ("The length of time 

that experts recognize, as necessary fpr normal infant deyeloprnent varies depending on the 

species, but there is general consensus that in legitimate captive propagation programs the 

best practice is to avoid disturbing mothers and newborns (physicaUy or even audibly) so 

that they can bond and estabUsh. a routine for proper physical and behavioral development. 

In contrast, exhibitors'engaged i n the' business off breeding for* ^pubUc handling often 

prematurely and forCibfy^eparate infants both to obtain young cubs ifor pubUc contact and 

to encourage a dam to'reproduce again,'irioreiquickly."); .'r.!'; 

'•' ' \. ,... :r.. : - 'rr :" . rr-- • ' , rt ^ 

It is weU estabUshed .that mammals have. extraordinary motherrinfant relationships that 

are essential to the, biological ..and soci^ development of these,.,species. See M. Elsbeth 

McPhee. & Kathy Carlstead, The Importance of Maintaining Natural Behaviors in Captive 

Mammals, in WUd.Mammals in Captivity (Debra Kleiman et,al,.eds), 303-313 (2010) ("In 

most mammals, the mother- infant relationship is critical to the future development of off 

• • 27 
spring, affecting future defensive re'spbrises and reprbductive 'behavior;;.A disturbed 

mother- infant relationship'may deprive tKe;ybung ariimal of specific stimulation essential 

for the' developmerit of normal emotional regulation, social interaction, arid corriplex goaldirected behavibrs, iri ^particular, maternal and sexual beha'vibfs.");' N!R. Latham & G.J. 

'M&son,' Maternal Deprivation, and the Development of Stereotypic Behaviour, Appl. Anim. 

Behav. Sci!, Vol. 110(1-2), "84-108 (2008); T.H. Clutton-Brbck &-D. Lukas, The Evolution of 

Social Philopairy and Dispersal in Feiflale Mammals, Molecular Ecblog-y Gbl. 21(3)- 472-492 

(Feb. 2012); R.C-Newberry'&J:C/'Swarison, Irriplications of Breaking Mother-Young Social 

Bonds, AppUed Animal BehavioUf Science'Vol. 110, 3-23 (2008). (maternal bending between 

mammalian mother and'young is' mediated by hormones and neurotransmitters that 

facUitate attachment and; maternal behavibr);>MammaUari'mothers; fiercely protect their 

young at least untU they are weaned and self-sufficient; thus, Ucensees must use force, 

deceptibn, or chemical iiAriiobiUzers to separate these infarits.! 

Weaning is normaUy a slow and gradual'process; and'ithe natural-age of v/eaning for big 

cats, bears; and nonhuman primates ranges from'several months to several years: See, e.g., 

Birute Galdikas & James Wood; Birth Spacing Patterns in Humans'and'Apes, American J. 

of Physical Anth'ropblogy Vbl>. 83(2), 185-191 ^(Oct.' 1990) (natural age of weaning for 

•orangutans is about 8 yearsvoabout 5'years for chimpanzees); ^Mark' Prescott et al.. 

Laboratory macaques: When " to-, wean'?, AppUed Ariimal Behavibur Science (iri press, 

accepted Nov. 3, 2011) ("It is . preferable for young niacaques to remain with their mothers 

untU they have become behaviouraUji independent. Minimum weaning age shbuld: therefore 

not normaUy be less than 10-14? moritHs'olcii'.:'');'Paul .Garber & Steven ^i'^. Ontogenetic 

Variation in Small-Bodied New •World Primates: Implications for Patterns of Reproduction 

and Infant Care, FbUa Primatolbgiba'Vol[''63,' l-'22 (1997)-(natural age bf Weariirig for New 

World primates ranges about 3-8 mbmlis);''Sunquist;'-Mi and* F. (2002) Wild Cats of The 

World, The University of Chicagb^Prb'ssVlIitd.; London (riat ural age of we'aning for tigers is 

about 6 months); Sarah Haas et' al,:'Pan.</iem /co,'MammaUan .SpbCies No. 762, 1-11 (July 

15, 2005) (Uon cUbs naturaUyiwearied byfabbut8'riionths); Keviri Seymour, Pa>if/iera onca, 

MainmaUan Species Noi 34t!, 1-9 (Oct; 26; 1989) (suckUrig continues untU 5-6 riibnths for 

jaguars); Paul Krausman &"'Susana Morales; Acinonyx-jubatus, MamrriaUan Species'No. 

771, 1-6 (July 15, 2005)i'(che'etahs are • weaned by 6 inbnths),vMaria~ Pasitschniak-Arts; 

Ursus orc/os,*.MammaUan SpeciesiNo;'439; 1.-10 (AprU 23,'1993) (brown beafs nurse for 1.5-

2.5 years). • ru,.-^' rr . /M-T ' ' , .•':^/T!'' ;,'.;.L„,>jO'. '! ^-^Vr. 

3',-, i r^'-: -:\u'i.\ r..-.rr r: , " 

WhUe dispersal patterns vafy amongst thesej species and between the_sexes, infant big cats, 

bears, and nonhuman prini^tes naturally remain with their mothers,for, extended .peripds pf 

time to, .develop essential survival . skUls. Sec^Erlend NUsen et, al, .'Th.e Gpst .of^faturing 

Early in a Solitary Carnivore, Oecologia Vol. 164, 943-948 (2010). Big cat cu,bs,remain with 

their mothers fpr about, two.years, bears remain for 2-3 years, and primates.,remain with 

their mothers for nearly .a decade prior to dispersing from their natal groups, See id.; Viktor 

Reinhardt, Artificial Weaning of Old World Monkeys: Benefits and Costs, J. of Applied 

28 
Animal Welfare .Science . Vol. .'5(2),, 151-156 ;:(2,002); .yratislay Mazak, Panthera tigris, 

MammaUan Species No. 152,. l:-8 ,(May '8,.,1981};; Linda. Sweanpr;;et,:,fiL, Cougar Dispersal 

Patters, Metapopulatioru Dynamics^, and OonaervaUpP', .GpTisetyatioTi)Biology Vol. 14(3), 798-

808 (June 2000); Serge .Lariyiere,.,C/rsws .arttericoin-tiSi. MammaUan Species- No. 647, l- H 

(Jan. 23, 2001); Rebecca Snyder et al.. Consequences of Early Rearing on Socializatipn and 

Social Competence of the Giant Parpda, in , Gi^rit Pandas: Biology,;',Veterinary Medicine; .and 

Management (David; WUdt et.ial, :eds) (''Carnivore|.pffsp.ring .are,.iriyar^ altricial, that is 

highly deperident.on parental Care, (although, no pther carnivpfeds so much so as;the giant 

panda),, The|;Tperiod of^sdependencje of many, large.; carnivores is " long, and the age ,iof 

independence.;is greatest-ini ursids:- ,carnivores .reared in;,sbciaUy; deprived settings; also 

exhibit later deficiencies in-maternal behavior'O'(internal.citatieins ,omitted). t . :'• 

" : ' ; :;c(, li'' ;,iii' ;i:-.'t' r-. ;' n-:-ry- . : n-r , ' ' ^ r>.; 

Therefore, when Ucensees prematurely separate (either immediately or after a few days or 

weeks) big cat, bear, or nonhuman primate infants from their dams, they deprive these 

ammals of ^years.^of .normal development and eaUse. the infants .to suffer from;behavioral 

abnormaUties,.^ such as mental and reproductive disprde.rs. These, impacts -are most weUstudied with respe.ct:to nonhuman primates;- S^e Karen; Parker ;& Dario Maestripieri, 

Identifying Key Features of Early Stressfuh Experiences,that,Produ:cejStr,e.ss Vulrierability 

and Resilience-in. Primates, Neuroscience and Biobehavioral Re'viewSjiyol 35, ,1466.-1483 

(2011) ("the stress of .ieiarly-,p:arental-..'loss,> .neglect, ,0r. abuse' .produ^^ enhanced fear and 

anjfietyi increased "a«hedonia .[mpod disorders], >iinp&ired cognition, abnormal brain 

neurpcheihistry . and ineurpbiology,. and alteratioris; in j baseUne activity as,.weU as stress 

ireactiyityi.of.the hypothalamic-pituitai^radrenal!{HPA):,axis'0 A. Blobmsmith et al.. 

Early'Rearifkg,Conditions arid (^ptivei.Chimponze&^^ Some Surprising Findings, in 

NURSERY REAiiiNG.pF.NONiMMAN PRIMATES iNrirHE .2I^T; CENTURY, at 299 (Gene. P. Sackett 

et al. eds., 2006) (finding that.first-timejcap.tive chiSnpanzee.mothers who were prematurely 

separated from their mothers .when they; were infants;''are -approximately four times .more 

Ukely to be .iricoiripetent iriothers, as compared tp. chimpanzees who were reared by their 

mothers. In (addition to ,long;-term, behavioral .impacts that; can result from maternal 

incompetence, initial competenc^ris measured thrp.ugh the' mother's abUity and wilUngness 

to aUow hef infant« to suckle,: ande to carry—and protect' the infant); ' International 

Priniatological Society,. Opposition.tothe.Use, of Nonhuman Primates in the Media) (2009), at 

http://www;iriternatipnalprimatoIogicalsocietv.org/OppositionToTheUseOfNfonhumanPrima 

tesInTheMedia.cfm (finding that "many nonhuman primates used as actofs in movies and 

television and as photo props for commercials and greeting cards are often removed from 

theif mothers shoftly'after birth'arid afe-'denied oppbrturiities fof riormal social and 

psycholpgicail 1 develbpirie'rit); G.A. Bradshaw" et ai., Developrrtental Context Effects on 

Biculiural Pdst-IYdicma Self Repair in Chimpanzeei^, D^kVEtOPMEmAL PSYCHOLOGY vol. 

45, rio.5;'l376-1388 (2009). 'See also Association of Zoos and Aquariums, White Paper: Apes 

iri Media arid, Commercial 'Performancei^; dt http://www.aza:org/wbite-paper'-apes-iri-mediaand-cbmriierciar^performances/ (fecogruzing that "apes destined • tb; be pefforriiers or 

photographic props are typicaUy rernoved from their mother shortly aftef birth arid, thus, 

. ; 29 
are denied opportunities for normal social andpsychological developrrient. This has several 

commercial advantapeo to an owner. Infante removed in this manner wUl be appeaUng and 

remain submissive for handUng by humaris for several years. Mothers whose infants are 

removed wiU resume sexual cycUng arid produce another profitable infant quickly. But apes 

raised by humans in^-the abssnce of other members cf their species wUl'not normaUy 

acquire the skUls to be socially and sexually competent as: juveniles and adults. They may 

never readjust to Ufe in a normal social group, and thus they are usuaUy relegated to social 

and sexual isolatiori, which ofteri leads to abnormal behaviofs such as self-mutUation. For 

these reasons, it typically is nbt feasible to irivolve "these individuals in conservation-based 

breeding prbgrams."). / 

However, there is no reasoE to beUeve that mariimaUan ctrnivpreis sUch as big cats .'and 

bears'would not simUafly Suffer fiom. such deveiopmental disorders.:: Indeed, studies have 

confirmed that these altricial species are falso-severely affected by maternal deprivation. See 

Debra Forthman & Roger Bakeman,'Environmental'and Social Influences on Enclosure Use 

and Activity Patterns of Captive Sloth i?ears,-Zoo Biology Vol. 11(6),-405-415 (1992) (hand 

reared bears showed significantly. Jiigher frequencies of self-directed arid stereotyped 

behaviors than did mother-rea!ied animals). Se^ oi/so Declaration of !Dr. TUson at ^8-10 

("Prematurely removing a big eat'jub from' its mother is riot condoried by the niajority of 

animal care. professionals because;, it may• have significant negative developmeiical and 

Aii^elfare impacts for both the cub arid its mother. ... Tiger experts with huridreds bf years of 

experience in captive propagatipri'agree that it is norriiaUy in a cub's best interest to stay 

v/ith its mother untU the Species-typical age of dispersal'(i.O;, 2:5-3'year&!,.... The larg!e'body 

of evidence regarding maternal bonding versus riiifant separation in' mbst every primate 

famUy studied'is instructive in the !^big;cat context - for mammals, not being reared by^ a 

mother ofthe same species, and being in the company of other Utter mates,.is a handicap to 

developing normal adult behavior."); Declaration of Else Poulsen at ^6-7 ("Premature 

separation ofmothef and newbbrri bears..!has severe, long-term behaviofal impacts for the 

cubs, and bear experts agree that harid-rbaring cubs should be a last resort and only done if 

a mother is not wUUng and* able to care for the cub(syand no cohorts are avaUable for peer 

rearing. Bear cubs have a'gerietic expectatibn to learn from their mothers... Without the 

oppofturiity to learn healthy bear behavibr, cubs are more prone to stress, anxiety, and 

behavioral issues Uke entrenched stereotypes."); Declaratibn of Dr! Henry M. Richardson, 

DVM at 116-9 ("It is a basic tenet of mammaliari' biology that offspring are reared by their 

dams, including a relatively lerigthy period bf riursing arid weariirig and learning essential 

skiUs for adulthood. P'reriiature separation of mothers aind theif offspring often results in 

poor health and behavioral abnbrmaUties iri the irifants, 'some bf which can persist 

throughout a hand-reared infant's lifetime. ... Infant "big cats, bears, and primates wUo are 

prematurely separated from their mothers often experience long-term behavioral 

abnormaUties, especiaUy related to their bwri reproductive behavior. These impacts are 

very well estabUshed with regards tb pfiinates, arid that body of eviderice is largely 

appUcable to big cats,and bears as weil.. Indeed, big cat cubs and especiaUy bear cubs are 

30 
known to be very, dependent) on "theic-dams ^^to ^learri .species-typical adult behaviors."); 

Declaration of Carole Baskin at 115 ("Big Cat Rescue;is home to;one tiger who was separated 

from his:mother sobn:after birth and stUl sucks; ori his. paws 17 years later. Abnormal 

suckUng behavior; isj commori in hand-reared catsuandris ,Ukely a coping mechanism for 

maternal deprivation- "At least .two otherc-adult exotic; cats at Big :Cat Rescue who were 

,hand-reared dispIay simUar abnormal behavior."). •''• !.'.. - . !: r;'^ • • . • 

.' - ',' ' • . ' •' • '• • '.K : -o">' :. i: • : ••'-. J ». ' • •• - .-•• '' 

Thus, it is not surprising that the scientfficaUy-based and peer-reviewed care manuals that 

AZA-accredited facUities fpUow for certain species expUcitly prbhibit. premature,motherinfant separation and advise that mothers be given the opportunity to reaf their offspring. 

For example, tbe AZA Polar Bear Care Manual (available at 

http://www.aza.org/uploadedFUes/AriimaI Care and MariagementTHusbandrv. Health, an 

d Welfare/Husbandry and Animal Care/PolarBearCareManUal.pdf) states: "it is/ always 

preferred tO'.have'a riiothef-raised polar bear cub'^at pgr 4.1)! and "letting; [a polar, bear 

mother] choo'se her normal foutirie;: has increased tbcsuccess 'of "mother-rearing' cubs", (ait pg 

•14). The mariual goes pn to say that "there should be, rib need-to handle a healthy looking 

poilar bear cub:that .is being mother reared" . and; that "Rickets has been documented in a 

'pair of hand-reared polar.bears'? (at pg 41). Recognizing-the meed to iriaintain a calm and 

quiet envirpriment for female .bears who , have -just ;^yen . birth,,-the A!ZA manual 

recommends that .''access , to the-;area be Umited'to necessary personnel only, and Pnly for 

short periods of time. eVen for approved staff./.The female and cubs should not be disturbed 

for. a period, of at least 72 hoUrslbefore off6ring.!food',' . (at-.p"g, 51). For bears to be motherreared,, is; important-:'- "over-famUiarizatiori.iwith :or:Gyer-reUance on human caretakers 

shoidd be avoided ini order^tp promote inorm al behavioral development and tp increase the 

UkeUhoo.dithat they wUl bei able tC' SuccessfuUy; reproduce and rear their own offspring as 

adults";(at-pg 52). "" . ; -o .'^^i;/i? 2'^:vi • •• ••• 

, • '..! '•! .• .. • .1 I 'ry,.i 'i'.'iO' " •'- J ,'.., • • 

In addition to these long-term^i impacts on the infants', behavior, premature separation 

often leads to nutritional deficiencies and compromises the infants' immune system. Infant 

mammals gain protection from antibodies, protems, .and irnmune ceUs in breast milk. See 

G.R. Lubach et al.. Effects of Early Rearing Er^vironment on Immune-Responses of Infant 

Rhesus Monkeys, Brain, Behavior, and Immunity. Vol. 9(1), 31-46 (1995) (rearing, in the 

absence of the mother affects, several aspects, ^ of ceUular .imnaunity - nursery-reared 

monkeys have significantly lower proportions bf .CDS ceUs and lower natural kiUer ceU 

activity and an attempt ip rehabilitate these infants did. npt result in a recovery of nprmal 

immune fesppnses, suggesting that abnormal early rearing has. long-lasting effects on the 

immune system); Annette R. Jensen et, al.. Development of Intestinal Immunoglobulin 

Absorption and Enzyme Activities in Neqriqtal Pigs is Diet Deperident, J. of Nutrition Vpl. 

21, Note that whUe some of. these hand-reared infants may be able.:to be, rehabiUtated later in Ufe, 

such rehabiUtation is imlikely when .animals are,used for pubhc contact exhibit untU they mature 

and then relocate to substandard exhibitiori facihties or biackyai-ds without the experienced staff'and 

opportunity for social interactibri with cbnspecifics necessary for' rehabihtatibri. ' ' ' ': 

, 31 
131(12), 3259-3265 (2001) ("In aU .'mammals, there is.'a'rfundamental transition in. the 

nutritional conditions; at -the . time, of birth! The . fetus'* receives a .continuous supply of 

parental nutrients via the placenta, iwhereas the newborn, must adapt tb an independent 

uptake of colostrum and milk nutrients ffc-r' growth and'development, but also passive 

immunity via the intestinal uptake- of colostral immunbglobuUris."); Declaration of Dr. 

TUson at 118; Declaration bf Dr. Richardson'at t6: r,r. :..•'£.: , 

• • • :,hri. . • 'V'l-:!.: r • -.j.- - - -,.•.[•<'• ' •• .r 

It is weU estabUshed that the immediate separation of mothers and infants (a practice 

employed by numerous "exhibitors-engaged in pubUc handUng with big cats, bears, and 

norihuman primates) deprives the-infants-of essential: nutrients'that • are exceedingly 

difficult to substitute. See The Merck Veterinary Manual, Handrearing Mammals (2011) 

("mUk composition data are not avaUable for most species, and some of the pubUshed data 

are of dubious value. Lactose content of mUk varies widely between different species..."). 

Bottle feeding carries additional risks as it can, lead to .aspiration pneumonia if done 

improperly. For.example, as APHIS is aware, the GW Exotic Aniraal..Park (#73-0-0139) had 

23 tiger cubs die between April 2009,and May 2010, !Ukely due,to.the faciUty's inabiUty to 

properlj^ prepare, store, or administer formula-to cubs whp had been prematurely separated 

from their dams. Thu§, legitimate conservation entities engaged in captive propagation of 

big cats, bears, and nonhuman,priraates for noncommercial purposes, pnly separate mothers 

and infants when necessary for the health of the infant or mother. , , „, ,, 

In addition.to the copious evidenc3jthat^premature separatipn.negjatiyely.^^ shortand long-term , welfare of the infant,., it is Ukely that .mothers also, suffer from,..s.uch 

premature separation. See, e.g'.,-,:!f^atberipie A,,:Crpnin et a\..,^ Behavioral, ,Response of, a 

Chimpanzee Mother Toward,HerJ^p^d^inf^V;t,^.f^ Primatplogy: vol. 73, 4i5,-;421 (2011) 

("The mother-offspring bond is arguably the strongest and most essential social bond 

among mammals. Mothers put themselves at. great personal-risk to protect their offspring, 

whUe the offspring's attachment to tthe mother forms a crucial template for future social 

interactions... By scrutinizing the behavioral patterri of mothers foUowing the )death"of 

their infants, researchers are offered insight into the nature of the maternal 

attachment..."); Dbfa' Birp et al.. Chimpanzee ^Mothers at Bossou, Guinea Carry the 

Mummified Remain's of'liieif 'Dedd Infants, Curr^^^^ Biolog^'Vbi! 20(8), R35l'-k352 (2010) 

("The irifant's mbther (Jife) carried the "cbfpse, mumriiified in the weeks follbwing death, for 

at least 27 days. She exhibited exterisive cafe bf thie bbdy,'grooiriirtg it regularly, Sharing 

her day- and night-nests with it, and shbwirig distress wUenevbr'they be'cairie separated. 

The carrying of infants' corpses has been reported from a number of priiri!ate species, beth 

in captivity and the Wild - albeit usuaUy IriStirig' a fbw' dayS only - 'suggesting a 

phylogenetic continuity fbr" a behavior that is poigri'ant testain'erit to the ClbSe mother-infant 

bond..."). See also Declaration of Dr. TUson at il8 (''Pfeniatuifb'* separatibri irripacts the 

mother as well - pubUc contact exhibitors may breed a female tiger as many as three times . 

per year, which would never occur in thewUd. Science-based know:ledge of . a tiger's 

reproductive natural history, commbn sense derived from years of professional 

32 
management of ttigers- in..ijAZA-accredited . zoos,! 'arid a nod.i^p ethical and moral 

responsibUities to care.and nurture:captive tigers to the best of our abiUties, aU indicate 

that repetitive breeding T -similar tc swhat: occurs: in .puppy ImiUs ' is detrimental to the 

mother."); Declaration lOf Dr.- Richardson at 116K"Rreriiature separation can;aIso negatively 

impact dams, who devote, significant resources to gestation/and birth ET- I have seerii female 

cats emit a riiournful caU for weeks after being forcibly Separated from .their offspring .and I 

have no doubt that females who lose their young experience a sense of loss."). 

The International Primatolbgical j Society,: 'thei^ world's '' pfeeminerit organization of 

primatologists working .dn ithe. field and in laboratories,: specificaUy objects to , premature 

;mother-infant Separation:-' A . i-; r . * • - • . '/ •• t-r.. 1 s.'T >. . -r. . 

Rearinjg andr.Weqning.of Inmates 

"To ensufe riorrii'al psychblogical developinenf; a Complex and stimulating '• . 

• fearirig erivifonriierit faiiist 'be provided.'AUowing irifants tb'grow with their' ' ' 

' ' mothers arid iri a Social group is necessary fof noriri'al development. Infants 

should'riot be separated from'their nrital'gfbup'at an eafly age but should 

remain with their mother' uritU weanirig age which varies greatly between i 

species. Hand-rearing'shbuld ohly be carried but'if the health of the infant (or 

mother) is in jeopardy; ' i;'>> ; c 

Iritefnatibrial PrimatblogicabSbciety;'Iriternatioriai GiudeUries for the Acquisitibn, Cafe and 

!Brbedirig'' ^!^=^: t)f-'^' •^'•[ Nbrihuriiari ! •' •^^ Primatbsf" p. "'• 21 ' ' (2007) 

http://'www.iriterriatibrialp'rimatoloa^ GuideUnes fof t 

he Acquisition Care arid Breeding bf Norihuriia:ri'Priiri'ates Second Editiori 2007.pdf. 

. •• -• ''• • •,:.'.rri :i. (r; • :^P-:-h''iM ; d; ^iJ.:'!..^'':: cJ • •' ''.. . 

Experts raisirig;big;cats in captivity also recognize^jthe .sensiti'vities of new mothefs and 

recommend that mothers arid infants be left alone fof; four weeks after birth to ensure that 

the mother does not^reject the cubs due to stress: ; !'-r.!j •'• ! :;'i. i .-

Newborn cubs can be observed using a . video if desired,, but 24:hour direct 

observation is,Ukely to be.disturbing fpr the female and .therefore detrimental 

, to the weU-being of the cubs. There should be rio interference with a female 

-and cubs in,the^earfy, stagesj(0:28. days), as with many carnivores this hais 

, , . caused the ^death, pr .necessity .for hand-rearing, of cubs.. . Cleaning should not 

take pilace^ i^n the cubbing, area^until the youngsters are^moving .put of the 

.birth den ,pn, their- own, voUtipn; again, sue is .likely to be 

detrimental. Staff cannot be certain that the mother will not harm the cubs 

. ;•- .' "•. .'.f.-.: • J-^-.r . ' i • ••)••••: ••-•i :.v:-.'. i . 

untU they are at least.three. weeks old. 

M. BUsh et/al.. Birth, Growth and Rearing of Tiger Cubs, in Mandgemeht and Conservation 

of Captive Tigers•(EonsddTildoTidt al.,edsJ'(1994): - •- - -' : - ' 

33 
Thus, ensuring that'mother 'and'infant' big Cats, bears, arid;^ norihuman primates are not 

prematurely separated is-a' necessary icomporierit bf minimum • requirements to govern 

humane handUng. ' — •,.••. ' •'. f v, .' .v. .LI-':-

'•••.' . -r • 'i''•,••... : ' i-..i::,'.i .:\ . • v;.,!"'; •• • • t-': ,< 

. -- ,,0. Excessive HandUng of Young an^ Immature Animals 

Although current regulations techrijcaUy pfohibit the "rough or excessive pubUc handUng" 

of ybung and immature anim!ais,' by hbt expUcitly prohibitirig aU direct arid' unsafe close 

pubUc" contact with big cats! bears,' arid rionhunian prima!tes'pf,"ariy age, the.regulatibns 

actuaUy facUitate haridUng that is haifiriful to these aniriia!ls. 9 C.F.R. § 2.131. Young and 

iirimature big cats, bears, arid norihuman primates prei|iaturely separated from their dams 

are particularly vulrierable and thus any pubUc haridUrig'of such animals is by definitiori 

excessive. See, e.g.. Declaration of Ron, TUson; at, t l 1-12-("Big are;,born blind; fragUe 

and cjompletely dependent.on its mother's care, warmitbLandtmUk to, survive,-in fact, in both 

wUd- tigers and captive tigers, neonatal, raprtality is highest (about 30%) during the first 30-

90 days - which is why legitimate cbnservatiqn propagation programs aUqw dams and their 

cubs to he ,left undisturbed-.^fter- birjth to aUow the. mother and .offspring, to bond and 

estabUsh a feeding routine. Indpedy accredited zoos generally do not even put a motherland 

cubs on exhibit untU the cubs are .atleast 12 weeks of age, due to^the, potential impacts of 

stress and/or accidents from exhibition.:... Big cats nprmaUy sleep jUp to 80% of every. 24-

hour day, but pubhc handUng severely interrupts this sleep cycle, causing exhaustion, 

anxiety, irritabiUty, and associated physiological consequences' that icompfbmises their 

immune system."); Declaration pf Else Poulspn at 117 (''Any pubUc handUng of a bear cub is 

by definitibn excessive and uridermiries animal . weUare.''); Ross Clubb & Georgia Jane 

Masori, Natural Behavioural Biology as a Risk' Factor in Carnivore Welfare: How Analysing 

Species Differences Could Help ZoosJniprpve^hclosure^ Applied Animal Behaviour Science 

Vol. 102(3-4), 303-328 (2007) (naturally wide-ran^ng Ufestyles of carnivores predict 

relatively high captive infant riiortaiity rates). ' 

As discussed in the-previous subsections, irifant animals are lUghly desirable for exhibitbrs, 

and big cat cubs, bear cubs, and baby pririiates are-frequently exposed to long periods of 

pubUc handUng'iri ordei to maximize profit:'See Appendix A. Current regulations aUow a 

Ucensee to make a subjective'determination about whether pubUc contact becomes "rough 

or excessive" such that it might be detrimental to the animal's welfare; however, any pubUc 

handUng of big cat, bear, or norihuman primate infants poses ia threat to the animal's 

welfare and thus miist be prohibited. These irifants are inherently stressed by being 

handled by multipjle people, by crowding of the viewing pubUc, and by comingUng with 

other animals (for exariiple, T.I.G!E.R.S. (#56-0-0116) is known to aUow juvenUe primates 

to bottle feed infant big cats- see http://www!anianathechimp.com/): ' 

Further, frequent pubUc contact disrupts the animals' sleep cycle, which increases the 

stress from exhibition. In addition, thermoregulation is poorly developed in these infants 

and they need to be monitored carefuUy to prevent overheating or chilUng - subjecting 

34 
. these young ammals to. frequjent public handUng -is; contrary tp this - gpal. " For, example, 

Dade City's..Wild Things.(#58-0,-0883) offers.the public the opportunity to swim with tiger 

cubs, advertising "30-minute swims Tuesdays through Saturdays between 9 a.m. and 5 

p.m." See Tampa Bay OnUne, Su;im With Tigers for $200 at Dade City Zoo (Aug. 26, 2011), 

at http://www2.tbo.com/news/offbeat/201 l/aug/26/5/s"wim-with-tigers-fbr-200-at-dade-citvzoo-ar-253162/. Commercial exhibitors are unlikely, to turn away paying customers to aUow 

' • "i •' - 'V-'f' '. *-' '..:.*5'-.' ' ' - ,'*'• ;:T:':'' . ' ' ' •.' ••..o'-'^-." ."' .. ' ' 

cubs to rest, jneaning that a few cubs must meet this demand,, a physically exhausting task 

for these irifants. Yet unless an inspector wefe preserit aU day to document such repetitive 

' ..•^ ';;•',. t^-" •• ' • •' ;> rr\^ ,- M. '.'ice; ' r-r-'-^ ' • 

handUng,. it would be. difficult tb cite the exhibitor, for a violation of the performance 

standard. Further, commercial exhibitors are. likely to change their behavior if they know 

an APHI S inspector is present, making it even harder to enforce this regulation. 

Therefore;'tp^pf event rough 'a'nd' excessive^haridUrig bf young'iarid iiriiriature big cats, bears, 

and nonhuiri'an pri'riiates, AiPHIS miist set a'iriiriiriium' fequifemerit'prohibitirig:: Ucensees 

from aUowirig-'riiembefs ofthe' pUbUc to' cpmb into' boritact-with'svich animals. 'Even" if "the 

undefl5ririg iriteritibn for increased visitdf-aniirial iritefactibri'is tb prorribte the efiipathy'arid 

sense of corinectedftess 'needed- to - imprbve* attitudes"^'arid''^'behavior' with respect to 

conservatiori...'fbrced proxirnity'to or coritact with'huriiairis'cari be deleterious to''animal 

weU-beirig." Kathleeti N; Mbfgari'& Christ T! Trbinbbrg,-Soiirces of Stress in Captivity, 

AppUed Animal Behaviour'Scie'rice Vol. 102, 2iS2-302^^^(^^^^ > 

...) 

D., vTraveUng Exhibition 

WhUe some Ucensees .aUbw for pubUp interaction and phptographic opportunities with big 

cats,.bears! ani rionhumari primates at their permarient .facUities, many travel around the 

couritry to offer pubhc handUng of these animals at shopping maUs, state fairs, and other 

pubUc venues. APHIS regulatibns provide, that 'JsbciaUy dependent animals (e.g., sibUng, 

dam, and other members of a famUy group) must! be aUowed visual and olfactory contact" in 

transport enclosures. 9 C.F.R. § 3.137(b). However, by riot expUcitly prohibiting pubUc 

contact with big cats, bears, and nonhuman primates, APHIS actuaUj'vfaciUtates violations 

ofthis transport. regiUatipn. As,discussed above, these species are frequently prematurely 

separated from thefr mothers to be made avaUablpifor pubUc handUng, and thus they 

frequently travel without animals they are spciaUy-dependent on, .;•.: ; i. 

It is exceedingly difficult for APHIS to track the transport of these, ariimals, as traveUng 

menageries are not even reqiUred to submit itineraries of their,future,travel. See Animal 

Care Inspection Guide, . 7Vat;e/in^ Exhibitor, 6.6.14 , (2012), 

http://www.apliis.usda.gov/animal welfare/2011 .Irispection Guide//6.16%20TraveUng%20E 

xhibitor%20Inspectiori.pdf: 74 Fed. Reg. 5p'738 (Oct, 1,' 2009) (proposed rule to require 

35 
traveUng exhibitors to subinit itiriefafies-to'APHIS at least two'days in advance).^^ As 

•discussed above, becauSe- traveUng exhibitors frequeritly enter'the jurisdiction bf different 

inspectors, it is difficult for APHIS to'prpve a violation of'the handUng regulations with 

respect to traveUng big cats, bears, or nonhuman primates. Further, by traveUng to other 

states, Ucensees may be able to circuriivent federal laws prohibiting interstate commerce in 

these animals and acquire additional animals from unUcensed faciUties whUe on the road. 

See 16 U.S.C. §§ 3371(g), 3372(a)(2)(C!),(e)^ (feaptive..'Wiidlife. "Safety Act, prohibiting 

interstate transport of big cats); 16 U.S.C."" § 1538(a)(i)(E),'(F) (Endangered Species Act, 

prohibiting interstate sale .and commercial .transport of Ustpd.species). 

State health certificates pbtained by HSUS and other sources (see Appendix 0) document 

the prevalent interstate transport of young arid imm ature animals without their dams (on 

whoiri they are sociaUy dependerit) for use forpubUc exhibition - for example: 

, ' \. *•..'».' • .• • * I- - ••,;.' -|r. -i .. •>r-' • . i: i •? . ,.• > • . • 

" •- •'A'-Sept. 2011 Gklahbrii'a Certificate" o:^ Veterinary Inspection was issued to Beth 

' - Corley ((#73-0-0167, .who works with the G.W. Exotic Animal Park; #73-0-0139, in 

Oklahoma) tb bring the foUowing'animals tb the AmariUo Tri State Fair (AmarUlo, 

TX): 8 tigers (ranging in af;e from 2 wks -- 24 wks),- a'spider monkey (3yrs), and 2 

ringtaU lemurs (ages 18 wks and 3 yrs); ' ' 

' . • •;• '•• . : •••' -.y.^ '. r: - • .} t • •• 

• An Oct. 2011 OMahomaCertiScate .of ,Veterinary Inspectioii ya s issued to, Beth 

Corley to bring the foUpwing .animals tp Northgate MaU i?:. Ohio: 8 tigers (ranging in 

age from 2wks-28wks) and 2 lemurs (ages 18.wks and,3 yrs) . , ., 

• An AprU 2011 Virginia Departmerit of Agriculture Ceirtificate of 'Veterinary 

Inspection was issued.,to Natural Rridge Zoo (Natural Bridge, VA, #52-0-0035) to 

transport two 2-day-old lefnurs to the Catoctin WUdlife Preserve (Thurmont, MD) 

for purposes of exhibitiori;! - • • . , , !' 

' • Ail Octobef 2010 Missouri Departmerit of Agriculture 'Certificate of Veterinary 

' Inspection was issued; to WUd Ariiriial Safari (Strafford, MO) to transport a 1 week 

oldUgerto T.I.G'.E.R.S. (#56-0-01 I'S; Myrtle Beach, SO); ' 

22 After Petitioners originally filed this petition, but before this'amerided v'efsiori was submitted, 

APHIS fmahzed this rule to feq'iiire itineraries! effective'January 30,'2013. 77 Fed. Reg. 76809'(Dec. 

21,.20l2). . "x . •) ' .. '•..• •.(;' ,"' ' .r ' ;o '> 

23 Note that these two health certificates were, issued one month apart, yet it is unclear if they.cover 

the same tigers and'lemurs, as the reported ages of the animals have not all been adjusted upwards. 

State health certificates do not provide enough information for the pubhc to adequately monitor the 

interstate movement of aU big-cats, bears,-or'norihuman primates, thus underscoring the need for 

APHIS to take actioii to prohibit the activity for which these vulnerable, animals are transported, i.e., 

public interaction and photo shoots. 

36 
• A July..2010 Florida Department of Agriculture;Qffi^^ of Veterinary 

Inspection was issued to Panther Ridge. (XVelUngton, F.L). to transport two 1-day-old 

, jaguM8to.TUger.^prld.(#55-C-p225i South ,Oai»olin'a);-.. -. , ,;:. .;'•'' - -

• - . .-. • . 1-- -,,' r;, . •].. * '. „ 

• An AprU 2010 Florida Oertfficate pf ^Veterinary, Inspection was issued to Josip 

Marcan to ibrarisport to Giiff Cioast Zbb (#fe4-C-0014, Guiif Shores, Alabama) 3 tigers 

• •' '.* ' I' .1 .• ,' '' } ' . ' ^ -^f- - ',-, ' -f'. --.-J.' ''.'.-t- ^'',*'/j.;;^ • . • ij '.: '" 

at 2 ;wks of age (fofm specificaUy notes that animals are too, ybung for Rabies 

vaccine, an issue discussed further belbw). 

'' •••,;•': .1;' • .-^r.. '''.i''.:': • r'^r'• • • •.. • • \--,- r 

Several studies demonstrate' that everi shoft-tefrii-'tfarispbrtatibn prbfcedures have a 

detrimental impact on the weU-being of large. carnivores. One study , found that Cortisol 

levels increased as riiuch as '482 percent and remained elevated for nearly two weeks 

foUowing brief transport peribds.. Other, factors such,as iricfeased respfration rates and 

pacing were also "noted. iSee DP Dembiec, RJ Snider, Ail Zariella, TTie effects of transport 

stress.on tiger.physiiolpgy.and ie^ai;ior, Zoo Sjo/ :23:335-46 (2004); In tfaveUng menageries 

such as those that jaUow. for public contact, .animals are repeatedly exposed; to lengthy 

transport, cpnfinementito.aramped travel cagesj,and,unfamUiar envfronments. See also Ros 

Clubb & GeoT^a Mason., .Qaptivity Effects on, Wide-Ranging Carnivores, Nature Vol. 425, 

473 (Oct. 2, 2003) ("Among the carnivores, naturally widp'ranging species, show.the most 

evidence of stress and/or psychological dysfunction in captivity...husbandry of these species 

iri captivity ' is thefefore iri ' need of - improvenierit'^);' 'Declaration of Df. TUsbri at H12 

("TrariSpbrtirig ariimals for!"exMbitiori pufpbses' poses'^ and serious'health 

concerns for big cats. Travel cbriditioris and ribisle' bftieri caii'se stress, anxiety, and diarrhea 

in big cats, especiaUy cubs, compromising thefr immupe systems and making them more 

susceptible to,disease. There is probably.rio other recb^iiized event that is considered more 

dangerous for a,big cat than beirig trarisferred frbm a place.of famiUarity to one of unknown 

fairiiiUarity! Big cat transfers are weU recognized within the professional care fraternity as 

one of, if not'the most, leading cause of premature death in tigers."); Declaration of Else 

Poulsen at 1(7 ("Bear , cubs are often transpprted-.s^ faciUtate pubUc 

contact exhibitipn, and;-this deprives, cubs .pf , the sleep, .exercise, .^nd routine that-they need. 

TraveUng and pubUc handUng are ver^/-stressful for. a bear cub. For example, daily and 

seasonal sleep cycles are severely disrupted for travel or performance. Bears are diurnal 

and sleep twice a day, a schedule that is inconsistent with being awake during normal 

business hours for pubUc contact exhibitors."); Steven J. Schapfro et al. Physiological and 

Welfare Consequences of Transport, Relocation, and Acclimatization of Chimpanzees (Pan 

troglodytes;, iAppUed^i|bU Beh^yipur, Science Vol. 137, 18^:193 "(2012) (finding that 

"Tran^portatipn and-relocation of chimpanzees jresulted in stQtisticaUy .significant chianges 

in a variety of hematological, cUnical chemistry, and ceU-mediated immune parameters 

that afe likely to be indicators of cHariges in weffafe." Some of thfese changes persisted for 8-

12 , weeks .after .arrival '^t a new. Ipcatipn, and thp , stuit^'s,.;authors suggested that 

"chimpanzees (.need .to be, provided iwith.isufficient ^periods :after relocation to properly 

accUmatize to thefr fteW-€bnditions."X • . - • ' o- .: s; -

I 

37 I 

I 

I 

11 
Therefore, APHIS must, prohibit pubUc. contact and premature'mother-infant separation 

with respect to big cats; bears, and nonhurii:an primates in order to protect animal welfare. 

. ,E. .Abusive 'Training. Declawing. and De Fanging . . •, ,,, : ,-, 

The use of big cats; bears, and 'norihuman priiriates for pubUc contact!also promotes 

practices that'USDA otUefwise condemns! such as abusive tfairiirig, declawing, and defanging,in a futile effort, to make these, inherently... dangerous animals, safe for pubUc 

interaction. , Unless public, contact,,with, big cats,,,bears,!,and .nonhuman .primates is 

^expUcitly prohibited, these practices are likely to continue, ^ye.n the potential commercial 

gain from such exhibition. . , i , •. , ^ • . ,. .. 

APHIS regulations prbhibit handUng any animal iri a manrier that causes trauma, 

behavioral stress, physical harrii, or urinebessary "dlscoriifort.' 9 C.F.R. § 2.131(b)(1). 

Hbwevef, by aUowirig darigefoiis " ariimals to he su'bjected'to pubUc haridUng,' APHIS 

actuaUy facUitates violations of this' regula'tiori,' as' daftgefbus animals are often abusively 

trained in order to achieve a state of submission that, reduces the .anim.ars natural 

aggression and suppresses other species-ts^icail behaviors. See, e.g.. Association of Zoos and 

Aquariums, White Paper: .Apes ' inr Media '' and Commercial Performances, at 

http://www.aza.Org/white-pa:per ayjes-in-media--arid-commercial-perfbrriiances/ (finding that 

"handlers of ape performers, often>'must use food deprivation, physical abuse, cbritinuous 

tranquUization, or even electric shock to maintain control.-AdditionaUy , the ariimals may be 

modified to reduce thefr abUity"to! cause-harm, for > exaitiple by Tenibving thefr teeth."); 

Declaration of Else Poulsen at'US :("A'hand-reared bear at a roadside zoo- bf'tfaveUng 

menagerie is far less Ukely ito. have e-scposuire to bther bears tolearu social cues, which riiay 

result in abusive training techniques in^'^an-attempt to curb biting and' scratching."). 

SimUarly, big cats, bears, and nonhum.'iln': primates may be subjected 'to declawing and defanging in a misguided (and •unk wfii!i)'iattempt to make these aniriials 'safe" for pubhc 

contact even as they mature;- >' . . ' > ' • 

APHIS poUcy provides that "Declawing pf wUd and exotic carnivores and the removal pr 

reduction of canine teeth in nonhuman primates and wUd and exotic carnivores have been 

used in the past in an attempt to minimize dangers presented during human interaction 

with these species. These procedures are,,not innocuous and can, cause ongoing pain, 

discomfort, or other pathological conditions in the animals. In addition, they do not prevent 

predatory behaviors, safeguard the,general pubUc, or prevent biting, in nonhuman primates 

and carnivores. The declawing of any wUd or exotic. carnivore does npt constitute 

appropriate veteririarj'^ care^.-.The removal of the canine teeth of a nonhuman primate, or 

wild or exotic carmvore, unless for the immediate medical needs of the animal does not 

cpnstitute appropriate veterinary care." Animal Care PoUcy Manual, RoUcy #.3 (March 25, 

2011). available at http://www.aphis.usda.gov/animal welfare/poUcv.php?policy=3. 

38 

11" 
5^5 

The American-Veterinary Medical. Asspciation. (AVMA).:also ''opposes: declawing captive 

exotic and other.,,. wUd; .indigenous. ^ ,cats. :^fpr ^ npnmedi^^^^^ See 

http://www.avma.org/issues/poUcy/animal welfare/declawing exotic.asp. The AVMA is 

simUarly opposed to removal of cariine tee'th iri-Captive'rionhumari primates br exotic and 

wUd (indigenous) carnivores, except "when required for medical-treatment or .scientific 

- research. See http://www.avma.org/issues/pblicv/animal welfare/teeth. removal.asp. ., .„ 

For exairiple,; two Ucensed bxhibitbrs 'who are kribwn 'to aUow for pUbUc intef action with big 

cats were recently cited for declawing tigers. Stump HUl Fariri'(#31-C-()050) was'fecently 

cited for'declawirig a 'jUvenUe tigef; Tiger Ridge Exotics (#3i-^G-0d48)l was also' cit'ed^ for 

declawing a 5-month-old tiger for non-medical reasons. Other Ucensees may circumvent 

these prohibitions by acquiring animals who are... already .defanged or declawe.d from 

unUcensed and-unregvUated jjrivate owners, Therefore, APHIS must expUcitly prohibit 

pubUc handUng of big cats, bears, . and npnhuman priinates as ,a=mim requij:.ement ..to 

disincentiyize pther behaviprs that^re . ^ , , 

' • F!; Disbase Transfer tb Exhibited Animals ' " ' •^ ' ': ' • 

When wUd animals such as big cats, .bears, arid nonhuman.primates are subjected to pubUc 

handUngn(whether physical .contact pr, unsafe . closethe y are put at risk of 

cpntracjting diseases:PubUc..Contact exhibition exp.pse3i.animals to people from diverse 

IccatipnS Ayhp may have sick Companion animals,at hbme, iriay be sick themselves, or may 

have come intp,cpntacttwitih pathpgens whUeiwalking. through wUdlife areas frequented by 

•infecte.d 'anin^a;ls and ;can easUy transmit. pathpgenK'bac;iieria,.vfruses, and parasites to the 

exhibited • animals..: Big-.cats, bears, rand iionIxum..^n'primates used in pubhc handUng 

exhibits are. riipre Uksly to ..have increased stress levels .(either because they are infants 

preinaturely/'Separated ..;fr.o.m-thefr mothers i.ani^jorjibecause; they have recently been 

transported).^; Thus, ;these animals are predisposedvtolbfitr.rigUrifected. See Declaration of Dr. 

Richardson at US ("When infant big cats, bears, or primates-.are preiriaturely separated 

from thefr dams it results in a weakened immune system, in part because these infants 

often'do not'receive proper nutrition when "deprived bf thefr mothers' mUk. These handreared animals have further-weakened imiririne systerris wheri they are deprived of 

sufficient rest and exercise'tb make thein rivaUable for pubUc handUrig. When these yourig 

animals with, cpmprpiriised immunity-are handled by tlie public, they are particularly 

susceptible tp contra'cting diseases.");' Declafa'tiori of Dr. TUsbri at 119 ("Hand-reared cubs 

typicaUy weigh less'than'mother-reared'cubs, and-'ofteri Suffer digestive issues from 

formula-feeding and unhygienic' enVfroriments, potentiaUy'feisiUting in infection. it 

appears that'mariy 'substaridafd exhibitbrs aUow members of the pubhc tb bottle-feed tiger 

cubs whUe holding' them'-'iri'ari' improper and unsafe pbSitiori'that iricreases charibes of 

aspfratibii and death. AdditioriaUy, these pubUc-feeders -seldbm have access tb washing 

basins, do not wbar proper clothing'or hand-glbves, a'fe 'not screeried to see if they are sick. 

39 
coughing or exuding, mucus from' colds ''and'viruses,:, thus creating-ari unhygienic 

environment that endangers the cub specificaUy.''). ,; > ' • . . -•'; 

: •'••')''>. i^'.;.;-.:. • .-.••',• "'•''••.,' : ^ r . ,. 

Often both humans^and animals act as asymptomatic carriers of disease. This means, bpth 

humans and animals can .actively shed .contagious organisms without .pver .shpwing clinical 

signs of iUness, or ever even contracting the disease; this poses tremendous health risks to 

animals as weU as risks to humans (as discussed further below). Many pathogenic 

•organisms can adhere io.half, skin, clothing, shoes,'and environmental surfaces ^and can 

remain infectious for very long periods of time. Many organisms; ara afr-borne and diseases 

can be spread when pathbgens .are aerpso'!!ized such as: occurs with sneezing or. coughing. 

When humans and animak'arc'in projdmity'the risk of disease transfer is increased.^'* Such 

contagious diseases imay .te : transmitted by handlers, the pubUe, the environment, and 

through; direct of indirect contact vvith other animals. ' I ; - • ! ^ ... '.; ^ 

For example, it is weU.estabUshed that chimpanzees .are susceptible tp hurrian respirator}'^ 

iUnesses, which can be fatal to these animals and contracted through indirect contact. See, 

e.g., Sophie Kondgen et al. , Pandernic. Hurnan^ Viruses Clause Decline of Endqrigered Great 

Apes, Current Biology, vol. 1.8, 260-264 (Feb. 26, 2008) (Chimps are susceptible to infection 

from human respiratory syncytial virus .(,RS"V) and pneumpn^.a,. which, are common causes of 

respiratory diseases in people, especiaUy chUdren, andi are transmitted from humans in 

respiratory secretions and e\'e:x swep,:b); William MuUeri, Human'Virus Blamed for Death of 

Chimp at Lincoln Park Zoo, Chicago Tribune .(April'4, 2009) (9 yr-old male, chimp died from 

human metapneumovirus, v/hiCh cauises pneumonia, .brfanchitis arid fiuUke Ulplesses);.':S.C. 

Nielsen et al.. Probable Transmission-of Coxsackie BSr¥irus Fkom Hiimari' to Chimpanzee, 

J. Emerging Infectious DiseasesrVpl: .18(.7).,Li^^^^^ (July 20l2)L(analyzing the death of a 

chimpanzee from a common humairipathogen,-;likely transmitted- through'"olpse ^contact' 

with a zoo employee since thbcpubUciiwas. sepafated''from the "chimpanzees by. a ;4-meterhigh glass waU). See a/so.Haftw.igjP.iHuemer.et al.,rFato/ Infection of a Pet Monkey with 

Human Herpesvirus 1, Emerging Infectious Diseases, Vol. 8, No. 6 (June 2002) (evidence 

that a human herpes vfrus\!HHy'-l) cari'cause fataUtieS iri'New World nibnkeys). 

AdditionaUy, big cats, bears; and. some primate species are .known to suffer from canine 

distemper (CDV); which couldrbe transferred.froiri.a.persbn'With andnfected dbg at-home or 

from\someone who came into contact with., excreta from infected wUdUfe',.. such as raccoons 

arid skunks, who often.frequent residential neighborhoods..:See,Ve.^./ S;''Cleaveland et al., 

The conservation relevance of. epidemiological research into cdrnivove'viral diseases in the 

Serengeti, Consei vatiori Biology Vol. 21(3), 612-622 (2007); Max. J! G. Appel et al., Canine 

Distemper Epizootic in Lions, Tigers, and Leopards in North America, J. Vet Diagn. Invest. 

2^ Thus,^ for example, recognizing the potential for disease transmission, the Intef national Union for 

Conseryation of Nature and Natiu-al Resoiu*cefi recommends a minimum distaripe pf>33 feet betw^een 

visitors and wUd great apes (or 22 feet if toviristp wear a surgical mask). ,EUzabeth J. Macfie & 

EUzabeth A, WUhamsbri, lUCN Guidelines for Best Practice in Great Ape 'Tourism, Section 5.5.13 

(20l0), http://data.iucn.org/dbtw-wpd/edocs/8sc'-op-038.pdf. 

40 
Vol. 6, 277-288 (1994);, Envfronment <News Service; TworWild AmurrTiger Deaths Clue to 

Distemper ; Outbreak (October 3! .-'k-2011).: 'i. availablei.^r.uat, . http://www.ensnewswire.com/ens/oct2011/2011-10-03-02.html (reporting genetic confirmation of the fact that 

canirie distemper is iiripactirig"wUd tigers); Deriise L. 'MyerS et 'al:, IJis^emper.- No/ a New 

Disease in Lions and Tigers, CUriical And'Diagrib^tic Labofatofy Imrriunology, p.^'^^^ 

(Mar.'1957)!'! " - ' ' ' ' ''\^ ^ '\ ^-^ '''-'-'^ ' r- ^-rrr-r^ ... , r . 

After rabies, {CDV: causes the second highest fataUty rate in doniestic dogs of any infectious 

disease and has been reported .in aU famiUes of terrestrial carnivores. Sharon Deerri et al. 

Canine Distemper in- Terrestrial Carnivores: A Review, Journal.pf Zoo and WUdUfe Medicine 

31(4): 441-451 (2000). (during, a 1992 eanine.distemper epidemie among'7.4 captive big cats, 

infection was confirmedirifAfrican Uoris, tigers,lleopards^rand-jaguars with,a 23 percent 

mortaUty rate). In addition to CDV being a highly rcontagious.and prevalent deadly;disease 

in dogs, there have been recent CDV infections reported among wUd fox populations in 

SoUth"CafoUria, 'Oregbri:'a'nd CaUfofnia! as well as'cbrifiriried br suspected cases iri'rafccbbris 

iri South • Carolina^ Vfrgiriia;' Washirigtori, Missburii Wisconsiri, Flbrida! and Texas!' See 

Associated Pfe^s; Canine Distemper 'Outb'redii Confirmed iri Oregon Gray Foxes (May 17, 

2012), i' ' ^ - ' - - - http://www.bregbnUv"e.coni/pacific-northwestnews/iridex.8sf'/2bi2/05/canirie" diytb'mpbr oiktbreak conf.iitml.^ ; • * 

.-• •,.:>..,;;' " n'.t';.! ' ' K 'u-.s .:• ' • r;.r><C'i--i .\iu' .... :'. :F d : ' 

Big cats used in' traveUrig shows are; at, great'ef 'risk;:of'exposure, to CDV. See Suzanne 

Kennedy.-Stoskppf,*.£/nfer^n,^'Vira/://i/eG/ion.srin../£^ Zoo and WUd Animal 

Medicine . (ME Fowler .& RE, MUler, t eds;),'pp: 401-10 r(;i999); Liz Flynn, White Tiger 

Christmd^^ ) at • •• •. McCarthy ', Wildlife,;: :,y Sahetij^rT^- iMMPTV (Dec. 21, 2011), 

http://www.wpty;coni/dpp/neWs/regibn citpaJ-ni" beach dountv/west palm beach/a-whitetiger-christmas-atrriiccarthv-wUdUfe-sanctuary(documenting the death of a' tiger from 

canine distemper: at .the .'McCarthy, "WUdUferSanctaaiy,'#5870-0423, a Ucensee knpwn tP 

aUow for pubUc contact with\dangerous'animals,: asIdiscussad fufther below): 

n •'• '' i ''. ; ' ..->.- •'•;: rf rv.;.:' •;>.i:5;•'•;(! •^.;' •: 

CDV antibodies have also been-found in polar bears in, Canada,,.Grizzly bears in Alaska, 

and black bears in Florida. Marc R. L. CJattet et al.. Antibodies to Canine Distemper and 

Phocine Distemper Viruses in.Polarl.Bears from the Canadian Arctic; Jpufnal.'of WUdlife 

Diseases, 40(2),; pp. 338-^-342 ([2004); B.B.> Chomell et sl.i' Serological Survey of Selected 

Canine Viral Pathogens and Zoonoses in Grizzly 'Bears ;(Ursu3 arctos'horrihUis) and Black 

Bears (Ursxis.aiiieTicaiiusX from Alaska,iRev: sci.. tech. .Off.' int.'Epiz'Vol. 17 (3),. 756-766 

(1998); Mike jR. Dunbar et al., Seroprevalenc& of Selected Disease Agents front Free-ranging 

Black Bears inlFlorida; Jburnal of WUdlife Diseases, Vol. 34(3), 612-619 (1998). 

, V .„'!: .-. /• (. . • -'I- ' .•,<:••' ., r, • ;T \ " ... 

CDV is also: known to infect nonhuman primates: a 1989 CDY.butbreak was reported 

among 22 (.Japanese monkeys;. ;12 of 20 CD V-infected .Rhesus: macaques died foUowing .an 

outbreak whUe^under quarantine at a faciUty in China in 2008; and 4,250 of approximately 

10,000 Rhes'iis monkeys who contracted'CDV died iri 2006 at a breeding faciUty in China. 

Zhaozeng Suri et al.. Natural infection with canirie distemper^ virus in. hand-feeding.Rhesus 

41 
monkeys in C/iina,'; Veterinary Micrbbiology ';"Vok 141, 374^3781 > (2010); Wei Qiu et al.. 

Canine Distemper Outbreak in Rhesus Monkeys, China, !Emerging Infectious Diseases Vol. 

17, No. 8 (August 2011). -^ W-' ' • . c;:'.'!' •::.•. . ' :;: •': • ... •'..--, . '.. 

Experts recognize the^risk pf disease, these animais face when they are subjected to pubhc 

handling. See, e.^., peclaratio.n.of Dr. Richardson at 118 ("feUne distemper .virus can Uve on 

clothing, for 18 hours and a member of the pubhc with an infected housecat could easUy 

transmit this disease while holding a tiger cub."); Dpclaratipn of Dr. TUson;, Declaration of 

Else Poulsen. For example, over t^yenty veterinarians have signed,on tp a statement of 

concern regarding this, risk, findiiig.that clo.se human contact, with, young wUd felids poses 

risks to the health of the aninial, especially since.''hand-reaf ed feU^ pften receive 

inadequate nutrition which) further,compromises .their health and v/eakens their immunity. 

... Placing these immunplogicaUy incpmpetent cubs in intense public,settings significantly 

increases morbidity and mprtaUty, ... [T]bese young ammals are exceptipnaUy.susceptible 

to stress and disease... Therefore., there is no age appropriate for the use of wUd feUds in 

anv setting where direct human contact is possible." Kim Haddad, i?is^s Associated with 

Handling Juvenile Non-Domestic Felids, Captive Wild Aninial Project-.Carnpaign (CWAPC) 

Staternent of Concern (emphasis added). 

Therefore, APHIS must prolUbit: direct pubhc contact and unsafe close'pubUc contact (e.g.v 

aUowing the pubUc within 15 feet when there is rib permanent, barrier to protect the animal 

and the pubhc) with big cats, bears, and nonhuman primates. . ir. •. . • 

G. Risk of Physical Ini urv.tofPubUc.Dvirkg HandUng ! • v . f li 

PubUc handUng of,big cats, hears,,.ai:d nonhuman age ppses a risk of 

physical injury to the pubhc (e.g.,/^asitprs .jp rpadside zoos, patrons of traveUng exhibits at 

shopping maUs and fafrs, ,and untrained individuals present on, the set of exhibition for 

media pnrposes). Further, suchyexhiMtion contributes to the.epidemic of dangerous animals 

Uving in backyards and w£.rehpused, in, inadequate faciUties, as such animals are frequently 

disposed of pnce they are no lpnger,,profitable,v posing a long-term risk to pubUc safety. 

WhUe pubUc contact with big cats over the age of 12 weeks is "discouraged by APHIS, as 

discussed above, such cbritact^freciuentiy bccUf s (S6e Appendix K), putting Visitors to USDAUcensed exhibitions at risk of bites, scratches, serious bodUy injiifies, 'arid even death. In 

one'exfreme exairiple.'a Kansas teenagef was kiUed whUe posing for a'photograph with a 

tiger being restrained by'its riandler at an animal facility. C. Siemaszko,' Tiger kill's Kansas 

teen: mauled while posing for pic. New Yofk'DaUy News (August 20, 2005). AltUbugh 

APHIS determined that such handUng violated the regulatory requiremerit of sufficient 

distance and barriers, without a clear rule expUcitly prohibiting .physical . contact and 

unsafe close contact (e.g., aUowing the pubhc to come within 15 feet of the lanimal without a 

permanent barrier to separate them) with dangerous animals such as big cats and, bears 

another such incident is likely.to occur,,i)erhaps with a younger cat or bear who is npt as 

42 
I , • - ' 

obviously darigerpus. Further, ;as recently recognized by an administrative law judge; "even 

cubs can harm the.pubUc";through bit«s and-scratches.:./n, re.Crai^'Ai'Perry (d/b/a/ Perry's 

Wilderness Ranch <& Zoo), AWA Docket No. 05-0026, 2012 WL 1563490 (March 29, 2012). 

SimUarly, sirice pubUc contact is currently aUowed with "trained" primates of any age, 

APHIS regulatibns do not adequaitely pfotect the pubUc frbm the risk of attack by these 

powerful ariimials! See d/so'"Declaration bf Dr? 'TUson at' 1114 (""Wgef teeth and claw's afe 

incredibly sharp'from the nibment they eriipt, arPiind seVbri weeks of age. Having handreared tigers' myself (when truly necessary for the' healtli and' wellbeing of the infarit); 1 

know that yburig tigers are often uriComfortable with beirig handled, as observed by the 

animal s'q'ufrmirig and trjUrig to'get kway by biting;'scrEltcKirig'; defecating, urinating, arid 

squeaUng.' Thus, allowing pubU'c'Cbntact with bveri'yourig cubs poises a risk to pubUC safety, 

especiaUy for yoiing chUdren:"); Declaration of ElseTbulsbri at f B'C'PubUc handUng bf even 

irifant bear'cubs is unsafe. ''Beair cubs bite riaturaUy, and leafri 'ribt to from parerits or 

siblings whb jbite'back! Further, bear claws do not fetf act arid even'a young cub can cause 

substaritial i'rijury to humansVespeeiaily-yburig'ci^ . • 

H, Zoonotic'Disease Transfer to PubUc v • -'.y'' ' ' ; •; ••' 

PubUc handUng of big cats, bears, and nonhuman primates also poses a risk of disease to 

the viewing pubUc,i whether •visitors engage.in dfrect physical contact or afe aUowed within 

an, unsafe diistance of ;the: animal to facUitate'activities .such as photographic or feeding 

opportunities. .- • r : ; c r ,; ..!•! ;r ,o.';v;:: 

Animals subject to stress from transport; jprerriatifrsifee from their mothers, and/or 

frequent contact with humans are more likely to shed pathogens, increasing the risk of 

human iUriess'^'from haridUng. See Kiiri'""Hadd'a'(i^' Rtkks Associated with Handling Juvenile 

Non-Dornestic"Felids, Captive Wild Animal Pfpfebf Ca (CWAPC) Statement of 

Concern. Bite and scfatch wounds cari result iri' ba'Ctefial ihfections, ringworm cati be 

contracted by handUrig, and chUdren may become sick'virith sUch iUriesses' as "E. coU, 

Toxoplasmosis, Staphylococcus, and Streptbcbccus by putting th'bir i&ri^ers'in thefr riiouths 

after petting the aniinals. See Declaraition of Dr. Richardsbn'at 1} lO ("The threats tb pubhc 

safety from handUng of big cats; bears, and norihuman primates of anv age are significant. 

For example,,when, big cat^cubs are permitt^^;^'^ be.handled,, ,bitps or scratches that are 

Ukely to occur cp};|d cause .infection.,I have also seen case.s where ringwprm and parasites 

have been transmitte(^ ,t»^,^umans fr.om, big cat cubs during the course pf pubUc handling, 

Bear,,cubs frequently,haye,.round wprms, which, human chUdren are particularly susceptible 

to due tp hand-to-mouth contact. .Since bear claws are not retractable, these animals pose a 

pubUc; safety fisk,e.yen at very.:^oung ages."). .';. . !.,:. .j. 

"Tiie Natibrial Assb'ciation ' of State PubUb Health" Veteririafiaris (NASPHV ) is an 

organization •'of local and state pirbfessiorialS who regvdafly;' consult with physicians, 

emefgency rboriis, " legislators, local officials; schbbis', health departments, and the general 

pubUc on'preventing'exposures to and controlUng 'd!iseases tliat humans can' get from 

, : 43 
animals and animal products.; NASPHV; specificaUy recommends, that ''Because of thefr 

strength, unpredictabiUty,'ivenom', or the. pathogens that they might-carry, certain domestic, 

exotic, or wUd animals should be prohibited in exhibit settings where a reasonable 

possibUitv of anirrial contact exists: Species'of pfimaf'v^ Cbricerri include'rionhunian primates 

(e!g.; hibnkevs and'ape^)and'ceftairi''cafriiv'bfbs (e.g.. lions, tigers, ocelots, wolves and wolf 

hvbfids! arid beafs)." See The'Natibrial'Association of State Public Health Veterinarians, 

Compendiurh of Measures to Prevent Disease Associate'd with Animals 'in Public Settings, 

CDC Morbidity and MortaUty Weekly Report, Vol! 60(4) (May fe, 2011) (emijhasis added); 

In support ofthis recommendation, NASPHV has-fourid the-follcwing: • 

. , •. EUminating pU risk.^rbin animal contacts is,n.ot^ . , ,- .^^ .. 

' Multiple factors'iriCrbase'the pfobabUity ofdiseaSe tfansmissipri at aniirial exhibits. 

Animals are more Ukely to shed pathogens because of Stress induced i>y pfolonged 

transportation, confinement, crowding, and increased: handUng. CommingUng 

increases the prbbabUity that aniriials shedding pathogens will infect other animals. 

The prevalence of certairi eriteric pathogens is often Mgher in'young animals, which 

are frequently used iri pettirig zoos. ~ ' ' ' 

• ChUdren are particUlafij^ at risk because of ha^ 

• Temporary animal exhibits are particularly vulrierable to design flaws that increase 

the risk of disease trarismisoiOf,. Such f exhibits iriclude animal: displays or pettirig 

zoos added to attract visitors to'aoos, festivals, arid'rbadside attractioris.'-'i' ' -; ? .• '^" . 

• Injuries associated \with. ammalS'.in,,p,ublic ..settings include .bites,,.kicks,,. falls, 

scratches, stings,crushing,;,off,the .hands or-feet, and being pinned between.the 

animal and a'fixed-object. ,'rhese ;inju^ have been associated with big cats (e.g., 

' tigers), monkeys, and other domestic, wild, and zoo animals. Settings have included 

,^ . pubhc stables, petting ,zpps, traveUng photo opportunities, schools, chUdren's parties, 

dog parks, and animal.rides. . . • 

• Multiple rabies expbsures have occurred with animals in pUbUc exhibition, requiring 

extensive pubUb health' irivestigatiori arid "medical foUow-up. For example, people 

have received rabies post-exposure prophylaxis (PEP) after being exposed to rabid or 

potentiaUy rabid animals, including bears. Substantial pubUc health and medical 

care chaUenges associated with potential mass rabies expbsures include difficulty in 

identifying arid contacting persons potentiaUy at-'risk;'cbffectly assessing exposure' 

44 
risks,: and providing timely medical prophyraxi&Awhen indicated;; Prompt assessment 

and treatment;are critical!to prevent this disease, which is usuaUy fatal.25 

i * . • ' 

• . Multii)ler bacterial, .vfr^al, fungal, and. parasitic;!infections have been associated \yith 

. . animal .contact, and the infecting organisms are transmitted .thrbugh varioiis mpdes. 

Irifections froiri animalhi 

or hpspitaUzation... Bac|«rial pathogens, associated with animal bites include 

Pasteurellq species, Francisella tularensis,-. Staphylococcus species, Streptococcus 

species, Capnocytophaga canimorsus, Bartonella henselae (cat-scratch disease), and 

Streptobacillus moTii'/i/brmis (rat-Mte fever).' Certairi'"monkeyj species (eSpeciaUy 

macaques) that are kept as pets or used, in pubUc exhibits can be infected with 

simian herpes B vfrust infected riiorikeys' arb 'oftbn asyiriptbrriatic or have haUd oral 

le.sipris„yet human exposure through monkey .bites.pr bpdUyjfluids^ca rpsult in fatal 

rnenirigoencephalitis.. , ,,, „ ,^r. ., > ; i 

;r; i j rhhr-.rl 'y^'.rr-- i c r;,'^v^cr " t'': r! ' ' ' 

. » Transmission of pox vfruses in pubUc. setting also has been described. In the 1970s, 

after handling various species pf .infected ^exotic, animals, a zoo attendant 

experienced an extensive papiUar skin rash from a cowppx-Uke virus. 

The American Veterinary Medical Association has also recognized the pubUc health risks 

and welfare impacts of keeping dangerous animals in substandard facUities. See AVM A 

PoUc^, r; I .:j ,'-:I?rivate ;; >- a . .Ownership < i bf 'aii.j;;; WUd Animals, 

http://www.avma.org/issues/pbUcv/wUdr'animal. pwnerahip.asp. Further, a recent study 

confirms that "an exotic animal i may harbour.; a . raftr;pf p.ptentiaUy infective microbps and 

macroparasites making any animal a possible Trojan Horse of infection and infestation." 

CUfford Warwick' et &I.V-'A iJeuieit) of Cdptive Ex6ii& Ahimdl-Liiiked Zoonoses, J. of Env. 

Health ResearchVbl. 12(1) (20l2). The'authors' of'this study specific found that ''pubUc 

direct'and iridirect contact with animals of urice'ftkiri'brigiri arid health state introduces a 

significant risk factor" and that "exotic pets are' weU established as! sources of diverse 

pathogens, direct and indfrect contabt associated'cbntamiriation,''arid significant and major 

sources of human disease." Therefore, the authors recoriiriibn'ded that "Wherever possible 

direct human contact with zoo animals should be avoided." Id. See also E.O. Chen et al, 

Cross-Species Trarismission pf a Novel Adenovirus Associated with a Fulminant Pneumonia 

Outbreak in a New World lilpnkey Cohny'yP^ P^attoloiy yol'7(7),^^e 1002155- (July 2011) 

25 Note ; that rabies; vaccines , are generaUy not approved for use.r in; non-dbmestic animals (see 

http://www.cdc.gov/rabie8/8pecific groups/veterinarians/vaccines marketed.htmil) and some states 

require urivaccinated aniinals be kiUed to test for rabies foUowing a bite or scrateh. See, e.g., Don 

Lehman, Judge Orders Lemurs Euthanized as Rabies Precaution, The Post Star (Aug. 13, 2010), 

http://postetar!com/news/local/article 8fac67f6-a728-lldf-bb76-001cc4c03286.html (euthanasia order 

issued after a lemur bit a chUd dviring pubhc contact exhibition at the AishviUe Game Farm). 

Therefore, putting these animals in a position where the pubhc may ,be harmied increases the risk 

that the animal may have to be euthanized and is thus inconsistent with promoting the animals' 

welfare. :. 

• I 

45 I 
(identifying a new' species of aderio'virus transmiitted fimri a^'captive titi monkey to an 

employee of the cajptive faciUty! wbib develbped' ari acrite'fespiratpry Ulriess and may have 

further transmitted the vifus tb a relative who had rio coritact with the morikeys).' -

The Association ofZoos and Aquariums also recognizes.the risk of zooriotic disease transfer 

from animal handUng, .and specifically, recommends that public cpntact with primates 

should not be aUowed;,-AZA Accreditatipn; Standards and Related PoUcies, at 56-57 (2012), 

available ^•-.r.^-:' - :r': ^:r ' '\. ''->. .-'-.xfx v-i -.v- v •> r",-. •': i o/ 

http://www.aza.org/uploadedFil3s/Accreditation/Accred%20Standards%20(v/ith9/620elephant 

s)(l).pdf ("Responsible zoos should and dp make,reasonable attempts to limit the risk of the 

spread of disease from the animals.in .thsfr, care tp;their,3e.mployees and to the general 

pubUc. ... Obviously, animals that are Ul, should not be used. ...Unless exterisive testing 

has been performed fbr a Variety bf viral; parasitic, and bacterial'diseases, aU dfrect pubUc 

contact with priina'cbs should-be- avoided! PubUC coritact also place's the • primates at 

•considerable risk of contracting diseases-from humans.").'' .-' • . ' • ^ 

.: ; . ;! • • •. '• i^i.^- ^•;.'-" . M ^ «•{:;•••'_ . '•;••, 

Given the weUrestabUshed risks-to human health associated with dfrect contact and unsafe 

close contact (e.g., aUowing the pubhc within 15 feet when there is no permanent barrier to 

protect the animal and the 'pubUc) "with big cats, beafs,t and -'rionhuirian primates, it is 

imperative that APHIS prbhibit" such actioii' to' iiot only protect aniinal welfare and pubUc 

safety, but also to protect consumers''expectations.'' VvTlien'people visit a zoo or othef 

exhibition that is Ucensed by the'federal gbvefnrrient; they'expect that their safety; and the 

safety of their chUdreri in particular;'wiU riot'be treated carete^^ • : •- -

1. Risk of Iniurv to PubUc After HandUng . 

In addition to the serious risk.pf physical.injuiy to patrpns •idsitirig Ucensees'facihties that 

offer pubUc handUng, the. general; public is put at risk by the . epidemic pf hig cats, bears, 

and nonhuman primates, in backyards .and-sSubstandard faciUties (including, many Ucensed 

by USDA) across the country. jNeighbprs, visitors, service personnel,; and emergency first 

responders are aU-put in direct, danger; if these animals are not beingj-kept in. secure 

facUities. ;• i ..'-'is" •••'••. -, '^r:nrir' • '- •-•--•^r-/ 

This pubhc safety risk was clearly Ulustrated by the devastating ZanesviUe, Ohio incident 

in October 2011, when nearly 50 animals, including 38 big cats, were freed by. thefr suicidal 

owner (Terry Thbmpsbn) and then had tb be kiUed by local deputies. See Greg'Bishop & 

Timothy WiUiams, Police Kill Dozens of Animals Freed! ori Ohw Reserve, NY Tirries (Oct. 19, 

2011). It is likely that soriie of the animals kiUed in the'ZariesvUle release were sent to Mr. 

Thompson after being used fof pubUc contact'exhibition. See Don Lehriian, Some Escaped 

Ohio Zoo Animals Used to Prowl in Greenwich, The Post Star (Oct. 20, 2011) (reporting that 

Thompson received several big cats ffbm Jeff Ash a.fter 'state officials ordered Mf. Ash tb 

relocate, the ' ariimals foUbwing- an incident where a tiger scratched " a child), 

http://poststar.com/news/local/some-ohio-zoo-escape-animals-used-to-prowl-in- .;, r . 

46 
greenwich/article 4f38c37crfb5f- Ile0^a6b0-001cc4c002e0.html.2^, See o/sp.^Kyle. Potter, Las Ve^^as 

Police Kill Escaped Chimp, ,(^apture.Second,, h Re-vieiw j:purrial (July 12, 2012), 

http://www.lvri.com/news/las-vegasrpoUcerSearch-fpr-two-dangerous-chimpanzees-

, , - .. . ....... . . . 

162236155.html (reporting on the inadequate faciUties and caretakers for two chimpanzees 

who were fprmaUy used for' photographic oppbrturiities' on the 'Vegas strip - these 

inadequacies'aUowed the'chimpririzeeS to escape arid'-orie was fataUy 'shot whUe ruririirig at 

large in the surrounding community); Assbcia'tiori of Zoos and Aquariums, 'WTii^e Pap^^^^ 

Apes in Media and Commercial Performances, at http://www.aza.org/white-pape'r-apes-inmedia-arid-coirimefeial-pefforniarices/ (notingL; that'' "wheri^ • "apet;? performers become: too 

difficult to hiridle- they'-lbse thefr'"cbriimerCial'%alue arid are sold'-to roadside meriageries 

with inexpert'handlers arid ofteri irihuriiane'cprtditipns-'); •• '''• ' ' '^'" ' 

Documents obtained by HSUS dpm.pnstrate the frequent ,-inte.rstateAtransport^ of bigj cats, 

bears,;and jprimates from, pubhc, cpntact exhibitors to substandard. faciUties. FoUpwing is a 

smaU sampUng (compUed from pubUG, ,reGpi;ds received >frpm ,a, few states, as weU. aS ;news 

reports) of young big cats, bears, and nonhuman primates, who were Ukely used in pubUc 

cbntact situation's and were later'discarded to'bth'ef'^substaridafd faciUties. See Appendix D. 

• .: -.;.,.»; ; ^'••; r.; •: i;:"::- :I v • . ..u!-;;- -''. 'iq i-rr, '--j - : .• 

• ...A Floridarbased traveling zoo caUed 'The, Zop,(operated by Robert Engesser) that sets 

• .;, up in parking;lots offering.pubhc photp ops,w;itJi.;liGnjand tiger cubs transferred six 

. . Uon cubs to Rescue One in OMp.(#31rOr013,5-TT'tW^ 16, 

... • .>,,.i2pir;,after the .Ucensee, was cited on, Pctv,27,L for enclosuresthat did not properly .contain big cats;,,the. faciUty;r^.ce,ntly reUnquished custody of 

numerous animals after Ohio passed a law to regulate ownership of dangerous wUd 

animals). -'•lr/-n.i^rl:'M]A5 •:.<'.;''.-. 

1 • • . 

I 

' • ^ • Michigan-based Pfemief Animal Attractibri#'also'trarisferred a young tiger to Rescue 

One; as weU'as^ serit 'a yburig Ubri to Jurigle ExperiericbUri New York (#21-0-0319),'a 

faciUty that haS been'cited for AWA viblatibris f egatdirig the' security bf its facUities -

multiple tirii'es iri the lastsevefal years'and which o has been a subject of "' -

••' enforcemerit under state 'wildlife laws. See http://poststar.com/newsAocal/granviUezoo-owner-can-keep-her-big-cats-for-now/article 3cabc4aa-43b4-llel-bfed- '' 

001871e3ce6c.html 

• G.-W. Exotic Animal Park transferred, at least 3 Uon cubs, 7 ti^er cubs, and a juvenile 

..black bear to poorly"run faciUties across the country including: 

o \ The Hawthprn Corp. in IlUnois (#33-0-0053)—a faciUty that has accumulated 

I $272,50C) in USD A penalties and has had its Ucense suspended twice 

26 Terry Thompson also'aUowed memberstof.th^ public, to. interact , with young big cats on numerous 

occasions (including providing a Uon cub ,for a photo shoot with model Heidi Klum), though he was 

cimously never Ucerised by USDA despite this'evideriCe of exhibition'. See USD A Complaint No. 08-

094 (Feb. 13,2008). -• - ':- .:•." •: . ;^-': . . -;- ' . • : • • ;^ : r-. 

' ' • • 47 
• o Genesis WUdUfe Ceritef in'Pennsylvania; which closed less'than a year after 

receiving the tiger cubs ' ' ' -'' • ' ' ' -

o The AmariUo Zoo in Texas (#74-0-0086), which did not have an exhibit for 

' ' • " the animals arid kept three Uon cubs in a holding area for mbre'than five 

'"-'- • '•' months ' "'' •• '• '•''•^''- " '•'• "• - • • ' ' • , 

o The HiUcreSt Zoo in New Mexico (#85-0-0006), which has been repeatedly 

' i cited fof a multitude of violations bf the Animal Welfare Act ' ' ' • 

• Savannahland trari'sferred an 8-mbrith-bld capuchin to ari individual in Ne vada 

nained Bob GUlurh; presumably tb keep the monkey as'a pet 

' • Mark Schoebel,'a'USDA"class B dealef iri Wisconsin who brokers animals to and 

'-from roadside zoos; dealers, arid auctions across the country, has transferfed ' ' 

• numerous ariiinals bf pbst-photo op age to auctibri and roadside'zoos and'received 

• •' two juvenUe tigers and two juvenUe Uoris frorii' WUd Acfes RanCh in OlUb 

•• Tiger World in North Gafohria trarisfeffed a 14-week'-old'tiger ^rid a 14-week-old' 

Uon to Out of Africa (#86-G-0095),'a roadside zoo in, Arizona 

T.I.G.E.R.S. in South CarbUria trarisferred two 4-month-bld tigers to Jay Owerihouse 

in Montana (#81-0-0031)'whb uses the animials in a riiagic act 

McCarthy's WUdlife Center, a pseudo-sanct'iary in Florida, received two 14-.monthr. 

old tigers and one Uger froni D.ade City Wild Things because that facility was.^ . 

"overcrowded with too many animals." See Liz Flynn, White Tiger Christmas at 

McCarthy Wildlife'Sarictuary,WpT^ 

http://www.wptv.com/dpp/news/region c palm beach county/west palm beach/a-white-tigerchristmas-at-mccarthv-wildlife-sanctuarv. . 

. -.r -'r ''-r . \- ' ' '• ,'- • 

Aloha Safari Zoo iri North CaroUria received an>approximately 8-week-old bear and 

an 8-week-old tiger ffoiri Unidentffied faciUties that previously used the animals for 

photo ops with the liubUc ' ' ' .') ' ' — 

. ! ' ' ' ^" ;':-•' .. •• rr\r • n ' '.^ ; • • ^ • " : 

Gregg Woody bfllUriois (#33-0-0218)*has taken in a iaf ge riuriibers of bears arid big 

cats from facUities that offer phbto bps as weU as bthef exhibitors that are 

apparently discarding surplus animals'(likely to make room'for new babies). From 

ApfU 2006 - January 2012, Woody received at least^45 bears, 19 Africari Uoris, 3 

cougars, 1 leopard, airi'd 4:Ugefs frbha at-least nine facUities iri five states.-'Severiteen 

of the 45 bears acquif ed by Woody-and 11 of the 19 African Uons came frbm a pubUc 

confact exhibitor (GW Exotic AnimalFouridatibri). The disparity betweeri Woo'dy's 

48 
acquisitipns .and,his'USDA, inventory, raises questipns .abput.whether .these animals 

are slaughtered for the exotic meat market. ; - -^ .,r>' ; 

Legitimate sanctuaries .cannot take in all offthe iunwanted animals that unmanaged 

breeding for|pubUc handUng produces - these faciUties are nearly filled to capacity and 

often struggle t.o maintain the financial-.support necessary to^ meet, thp; gro'wing demand for 

unwanted ariimals.. In one .case, . 90 ,tigers, were found .dead jand dozens more starved and 

barely ahve p left behind by a cub handUng exhibitor who operated a breeding facUity in 

GaUfornia., See, ;e.^.,, Chris..Dixon;. Lasf . 5P Tigers Are. Moped. Frqm Unsafe Rescue Center, 

The New Yofk Times (Juneau, 2004);;Barbara;^Vhitaker,. Ma7i3' Dead 'Tigers Are Found At 

Big Cat Retirement Home, The New York Times (AprU 24, 2003) (John Weinhart of Tiger 

Rescue claimed, to .be...running .a ..retirement home, .for ,ibig j cats once used by. the 

entertainment industry. However, state officials, found 30 dead anynals on,the property — 

most pfthern,large cats like tigers,-7:with-58 cubs dead in a.freezer..Among the Uving, they 

found 11 infant cubs;r^;es.timated^to he just 10, to 14 days old in a crawl space and two young 

tigers outside.). See also Declaration of Carole Baskin at 114 ("Due to financial constraints. 

Big Oat Rescue and other accredited sanctuaries,.routinely, have,to refuse to take in big.cats 

who need sanctuary. As,.a result, unwanted..big cats (many^pf whom were used in pubhc 

contact exhibition untU they grow too large) are often sent to substandard facUities with 

inadequate hving/concUtipns.") Consequently,..these^^^ face the possibUity of 

being sold to rinscrupulp^us.exhibitors or aS;''pets'', .they may also, be kiUed for thefr parts, as 

discussed belbw. 

Thbrefofe, tb pfotect the health iand weU-being of big^^ and nonhuman primates 

used by'liceriseid''exhilbitxjrs, "as fequfred by the" AWA!" APHIS must adopt a minimum 

requfrement"exphcitly'prohibitirig'pubUc coritac^ 

•J; Coriservation Impacts .i^.'.^'i^'/^^?'''^'!'i^y 

Although conservation is not exphcitly part of the APHIS mandate, it is important to note 

that the. Endangered. Species . Act (ESA). enqpurages federal agencies to. work together to 

pfotect endangered species and that manyj species of big .cats, .bears,,-and primates are 

protected under the ESA. See 16 U.S.C. § 1540(e), (h); 50 C.F.R. § i:^.;ll (Ust of protected 

species includes the tiger (Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia 

unciat), cheetah. (AciriOTiyx jubatus), .jaguar (Panthera oncp), ,Pisiatic (Panthera leo 

persica), cougars (i^i/ria coreco/or), black; bear^ grizzly bear (Ursus arctos^Mx 

horriljilis), polar .bear. I^Ursus maritimus), aU' .apes, gibbons, and , lemurs, and dozens of 

species pf^monkeys). jThus, .breeding and use, .of these animals is of .particular concern and 

must be managed to promote genetic integrity and conservation (and npt be^. .conducted 

frivolously:,fpr commercial purposes).. See 16 U.S.C. §' 1539(a)(1)(A) (aUowing otherwise 

prohibited .actions involved endangered, spepies if such actipn wUl "enhance<the propagation 

or survival of the affected species"). 

49 
It is weU estabUshed .tbat aUowing people'tp ,interact with;dangerous aniirials increases the 

public's demand tc ksepc,these .animals asopets. For iexariiple, one recei'it study found that 

people viewing an;image.'of a chimpanzee, standing next to a human were 30.3 percent more 

Ukely to agree that a chimpanzee was. appieaUrig as a pet than tthbse viewing an image ofa 

chiriipanzee standing alone^ Stephen RiiRoss et al.'. Specific Iniage Characteristics Influence 

Attitudes, about Chimpanzee Conservation and Use.ds Pets,- PlioS One 6(7)'(July 13, 2011). 

The authors of that study specfficaUy noted that "One explanation fon^.this effect is. that 

Viewers are led to believe, that such- dfrect associatioris,between humans and chimpanzees 

are both common and safe.,(This reasoning is supported by the fact-that chimpanzees 

displayed in zoo settings, where' they; are assuriiedly Kept' safely . away from humans, 

resulted in a significantly'lower proportion, of respondents, who found them,.appeaUng as 

pets." Id. There is .no evidence that the coriciusions:b£ this study, would not also apply to 

other,endangered species., See.Declaratidriiof Dr. TUson at, 1116-18:("by allowing merribers of 

the public to handle'tiger cubs; these; businesses contribute-to.th'e .demand-'for.big cats as 

exotiC;pets....Gettirig too clo,se'to any large predator, .whether captive or wUd,. is risk}' arid 

the pubUc apparently is often not,gettiag;this important-mesSage.'j). .: ;r . y i : • - . 

Thus, when the public is aUowed. to iriteract .directly or indfrectly with big cats, bears, or 

nonhuman primates, it increases the desfre to keep such animals as pets. Given that the 

Animal Welfare Act speCificaUy' tasks APHIS with protecting ariiriaals transported in 

commerce, APHIS should' be' cbricefriied 'with the grbwing trade bf exotic pets, which is 

promoted through pubhc coritact exhibitibn.'' ' ' ' s ,; • .'^ . ' • ; 

Not only does pubhc contacti,irierease:(the demand, fori ;exoticl pets,i.(it also; undermines 

conservation efforts by decreasing pubUcia^/areness about the pUght .of endangered species, 

decreasing donations to conservation pcogramsE, ;and ifaciUtating poaching.and trafficking of 

wUd animals. See Steve RrRossisXi.'akyrlnapprdpriate-Use and-Portrayal: of Chimpanzees, 

Science vol. 319, ,pg. '1487.;(2008);v Steiihen R,;.Ross et-al.,'Speci/ic Image Characteristics 

Influence Attitudes about Chimpanzee Conservation and Use as Pets, PLoS One 6(7) (July 

.13, 2011),.(finding that people viewing a photograph of a chimpanzee with a human 

standing nearby, were 35.5 percent m.ore Ukelj^ to consider wUd populations to be stable and 

healthy compared to those seeing the same picture without a human); Kara Schroepfer et 

al.. Use of "Entertainment" Chimpanzees in Commercials Distorts Public Perception 

Regarding Their CPnservdiion Status, FLG S One 6(13) (Oct. 12. 2011) (firiding that people 

who view^ed images of people iriteracting \/ith chimpanzees less frequeritly donated to 

conservation). Further, wheri the pubhc is'aUbv/ed to freely interact with dangerous wUd 

animals at USDA-UcCnsad faciUties, it likely iricreases peoples' desfre tb interact with'these 

animals in the wUd, posing further risks to animal welfare and pubUc safety. See, e.g., 

GiUespie Comments on Docket No. FWS-R9- ES-2010-0086, available at 

http://esciencecommons.blog3pot.com/2011/10/captive-chimps-up-for-endangeredstatus.html. 

50 
In addition tp these very real problems of perception that'undermine'cbnservation efforts, it 

is possible that pubUc contact exhibition is dfrectly fuehng international wUdUfe trade. For 

example, thefe .are Ukely 1 more.than 5i000 captive'tigers iri.^the 'U;.S., the vast majority of 

whom Uve.outside of AZA-accredited zoos.;;See World WUdUfe'Fund, ITY^ers Amo/i^ Us: The 

Impact of Poorly Regulated- Captive'^: Tigers} in the''Vniied' States on Tigers, in the Wild, 

http://wWw.'wbrldwUdlife.brg/%)ecies/finder/tigers/captive-tigefs/WWFBiriaryite riil8371.pdf 

. • i • - There is no system for tracking these animals-nationwide, and tigers are Pften worth more 

dead than aUve; thus/.thereis ample ^opportunity for. tigers, if responsibly bred to supply 

cubs; for pubUc contact, to end up in the blackmarket trade for--traditional Asian iriedicine. 

See D.F. WilUamson .& :L;A. ,Henfy, 'Paper Tigers:-^The Role of the U.S. Captive Tiger 

Population in the Trade in Tiger Parts, . TRAFFICS'North America and World WUdUfe Fund 

(2008). See a/so Declaration of Dr.: TUson at.1116 ("be'Cause therej'iiS'no oversight of aU'of the 

tigers being horn inthe U.S.; pubhc coritact exhibitors'could "be supplying the iUegal tfade 

in tiger parts':> for ' traditional Asian' 'medicine');. Declaration ;of Else Poulseii'-'at HIO 

("unprofitable.: 'bears; are ; ofteri sent to substandard-^ facUities or kUled (perhaps even 

contributing to the iUegal trade in :bear;parts for traditional medicine)."). " ' ' " ' 

VII. I^pppsed Aniendments to Handling Regulatioiih ' '' ''-^^ 

/'-^ r ...! ;v '->•;•.. i r;.: ';';U-.-' '!"r ' - •' 

As demonstrated in this petition, it is essential that .APHIS lamend its animal handhng 

regulatipns to pxpUcitfy i)rphibit Ucensees fronj aUowing. indi'viduals other than trained 

employees of Ucensed veterinarians (and accompanying .veterinary students) from coming 

into dfrect contact or unsafe close contact with big cats, bears, and nonhuman primates of 

any age'!.^ . Refinement- of the^minimum .requfrerrients r fbrjihumarie handUng is essential to 

protect animal'weffare'.(as"'reqiifred by-the AWA);''^^ safety, and to clearly 

inform ;the''fegulated" community,i'inspectorSj -and : the. p the scope of AWA 

regiUations; Further, airiending the' handUng '.reguratibnS;would eUminate incentives for 

unmanaged breeding operations that result in'irihuriiarie''cbriditipris and even death for 

many of the«surplus unwanted animals who are no'loriger pfofitable:' Such amendriaent 

would also be consistent with Executive Order 13563'(Jan;''l'8,"201'l), which provides that 

regiUations must be "accessible; consistent- written in " plain-language, and easy tb 

understand.": . ! ^ ;;:^: - i ' - - ; • 

t I-r : . - r \ \\ r.- •r.'rixr .-•. '-y'• ^ ".i,\--v.» .,-)V. -.-. 

As noted thfpugho.ut tins petitipn, pubhc .handhng .of.big;,cats,.bears, and nonhuman 

primates is utiiformly'obje<rted..to by welfgirpjand conseryation'experts. See, e.g.. Declaration 

of Dr. TUson; Declaration of Else Poulsen; Declaration;ofDr.t Richardson;; Therefore, HSUS 

proposes that, the agency .adopt,,the .foUowing,amendments (indicated in underUned. red 

text):;. • ; -;- f,;-j;, r. K ' ••-". , " - ' •; , :' 

51 
§2.131 Hahdlihgdf aiiimals;- '^'^. • • - .; -

<r..r. • ;•;.!• , . v •:"'; •' .-

(a) (1) All Ucensees whb maintain wUd or exotic animals must demonstrate 

adequate experierice aridknowledge of the species they maintain. ' • ' 

(2) No Ucensee mav aUow any individual other than a trained fuU-time 

employee of the Ucbnseb of !a Ucerised veterinarian (br accompanying - " 

veterinary student) tb come into difect phvsical contact with ariy big cat (Uori. 

tiger, leopard, jaguar, cheetah; cougar, or hybrid thereof), bear, or nonhuman 

primate, regardless ofthe age ofthe ariimal. ^ 

(b) (1) HandUng of aU animals shaU be'dofte as expeditiously arid carefuUy as 

possible in a manner that does not cause trauma, overheating, excessive 

cooUng, behavioral stress, physical harm, br unnecessary discomfort. 

(2)(i) Physical abuse shaU not be used to train, work, or otherwise llaridle • 

animals. , , . , ,^ 

(U) Depriv ation of fo'od'br water sUaU not be used tb train; work, of otherwise 

handle ariimals; Pro'irided, however! That the slioft-term Withholding of food 

or water from'' animal's' by- exhibitors is aUowed by these regtilations as long as 

each of the animals affected receives its fuU dietary arid n'utritibn - ' 

requfrements each day. ..: ;- ' ; . " e.' ,3 

(c) (1) During pubUc exhibitibi'li ainy ariiirxal riiust be' haridled so there is ' ' • 

minimal risk of harni to*tlie'aiun;iai arid tb :the'pubUc, with sufficient-distance 

and/or barriers between the aMriicii aiid'the'general viewirig piibhc so as tb ' 

assure the safety of animals and the pubhc. For big cats, bears, and ' 

nonhuman primates, "sufficient distance" is at least 15 feet from members of 

the pubhc. unless there is a peririanent barrier that prevents pubhc contact 

or risk of contact. , , 

(2) Performing animals shaU be aUowed a rest period between perfofmances 

at least eqUal to the'time fof bne-perfbrmarice. ' ' r:.r-

(3) Young or imznature animals_shan not be exppsed tp: rough or;.3xcessive 

pubUc handling or exhibited for periods of time;which wpuld be.detrimental 

to their health or weU-being.: Young or immature big cats.-bears, and . . t ; 

nonhuman primates shaU not be exposed ,to any. pubUc.handUng. and shaU not 

be separated from their dams before the species-tvpical age of weaning unless 

a licensed veterinarian confirms in writing: that "such separation is medicaUv ' 

necessary. •'•'': "'' ' "' "'•• - "' 

52 
(4) Dfugs, such as tranquiUzers, shaU not be used to facUitate',* allow! or. i 

provide for pubUc handUng of the animals. 

(d) (l)iAnimals_shaU be exhibited onfy.fpr periods of.ti - -i,^ 

conditions consistent with, thefr good health and weU-being. 

1 '••''' ''•'••' ' V. ; • " Sui ''/J "... "ll - • :.. 

(2) A fesponsible,- knowledgeable, and readUy identifiable employee pr 

attendant must^be present-at aU times during periods of pubUc contact. ^i • • 

(3) "Duririg pubii'c exhibitiori, dangerous ariirii.als sucti as liori'si tigers,'wolves, 

bears, or elephants must be under the direct coritfbr and supervision of a 

knowledgeable and experienced animal .handler.. , ••<,•:;{• i:^ in \. 

(4) If pubhc feeding of ariiriials is aUowed, the'food must be'provided by the 

animal faciUty and shall be appf opriate to the tj^e of ariimal arid its 

nutritional needs.and (Uet; . ij-, ,o - .'\ 'l<r'~. ^ u. j; 'i , 

(e) When cUmatic conditions present a threat to an animal's health or weUbeing; appropriate measures must be taken to a!lleyiate the impact of those" : , 

cpnditipns. An animal may never be s,ubjeGted,to, any combination of , i, 

temperature, humidity,, and time that is detrimentaLtp.the animal's health or 

weU-being, taJdng;mto .cpnsideratipn su as-the. animal's age, species, 

breed,'overaU health status, and accUmation. : 

I . i • 

In addition to aniending. the. general-hand^ above to prohibit 

direct contact and unsafe clpse contact with big.catSiOb,ear8, and.nonhuman primates of any 

age, the regiUations. specific,.to npnhumanripiiro.atpavWf^ amended as foUows for 

consistency. ;• , ; ,-j,;, v-.;;-' .- :< r'-^t onr n•'r^•^^<^•• ' ' 

9 CF R § 3.77 .(g)' PiifeUcisarf iers. Fixed i^ubUc exhibits' hou'sing nonhumari 

primates, such as zoos, riiust have a barrier between the primary enclosure 

and the pubhc at any time the pubhc is present, that restricts physical 

contact between the pubhc and the ;nonhuman primates. Npnhuman primates 

used in trained animal acts or in.uncaged iP,ubUG,exhibits, m^yst bo.undor the 

dfrect bontrol and suporvision of an oxporicncod handler or trainer at aU 

timcb whori'tho pubUG'i9'proBorit:'Tr)airibd ribrihurian prifaifatofe'hiay be ' 

pcrniittod physical bbrit'abfwith'the public! bib allowed uridef § 2.1gl, but'only 

if they arc under tho dfrbct 'cbritfol arid buporvisiori'bf ari oxporicncod handler 

br trairi'or at icUl'tiiribis during tho'cbntdct. ' ' '' ' ' 

9 (>FR| § 3.78.(e).Pubhc barriers. Fixed pubhc exhibits housing nonhuman 

primates, such as zoos, must have a barrier between the primary enclosure 

and the pubhc at any time the pubhc is present, in order to restrict physical 

contact between the pubhc and the nonhuman primates. Nonhuman primates 

53 
tOil."~G"Ktillfl'fl'l~6l^jt'0^^1''''lJi' 'l l FlGft ] 

r UllU . Ci llJJU l VTDil:?lT VITXT^ 

1 /ntfiiTi.i.?T<.'\1.-f>yio innf^T*^nfinOTi f^'f n"Avr>f>yi!r>xifinTLri l'k'rin'fll/>i'*-/;^y-.i".i?'diT'n 

. 9 CFR § 3.79 (d) Pubhc barriers. There :mustbb a barrier between a rriobUe • • 

or traveUng housing faciUty and the pubhc at any time the pubhc is present, 

in order to restrict physical contact betweeri the nonhiiman primates arid the 

pubhc. Norihumari primates used in traveUrig exhibits, trained animal ricts, 

or in uricagod public oxhibits rriiist bo under tho'dif bet cbntrol and " ' ' ' " 

suporvision of an oxpbribricbd handlor or'trairibr at aU tiiribs whon the pUbUc 

'is present. Trainod nbrihumari primates riiay bb aUowpd physical'cbntact with 

' the pubhc, but'brily if they arc iindbf the dfrbct coritrbl and supervision of an 

'^ oxporioncod haridler'or trainer at aU tifnos dUfirig tho'coritact! ' \ 

VIII. Conclusion ,. . ,,.,.,!,.' , , . . r 

AUowing pubUc contact with'big" cats, beafs, or nonhumari primates of ariy age causes 

severe negative welfare impacts, threatens 'pubUc safety;- uridefmiries coriservation efforts, 

and, therefore, decreases pubhc, confidence in,USDA li'??nsing;, Infant big cats, bear^, and 

nonhuman primates are irresponsibly bred to,,provide a supply, of anirnals fpr cpmmercial 

exhibition and are prematurely,a.nd forcibly separated frpm thefr mothers.tosbe excessively 

handled (and often transppfted in interstatej.ceminerce for such use). During pubUc contact; 

these animals and the visiting piibUc.,are, at ris^ of contracting disease and suffering serious 

injury or death. Dangerous, aniinals are even subjected to abusive, training and painful 

declawing or de-fanging procedures in. a futUe attempt to make them safe fpr pubhc cpntact 

bnce they mature. .When animals used in such, pubUc handUng are np, longer profitable, 

they are often disposed of to substandard facUities where the pose a continued risk to public 

safety. By. sanctioning pubUc handling of these .animals at Ucensed facUities, consumers 

rightly lose,confidence .in,USDA Ucensing,.. .. , , , . 

Further, current APHIS regulations are extraofdinarUy difficult to briforce, inconsistently 

appUed, and must be amended to ensure that Ucensees, inspectors, and the pubUc are 

clearly informed of pubUc handUng rules. The AWA requires APHIS to provide minimum 

standards for animal welfare and, thus, the agency is statutorUy required to expUcitly 

prohibit pubhc handhng of these species by replacing the current performance-based 

standards with bright-hne rules. 

54 
More than a decade after APHIS proposed^a..draft; poUcy,jon the'handUng of potentially 

dangerous animals the ;agency,-has stiU.faUedtp.formaUy act fOri: thel issue. In.officiaUy 

withdrawing the draft pohcy.in 2004, the;agejncyf'stated that "clarification of the regulations 

[on training and • handhng -of potentiaUy.idangerous! . animals] ;.s/iou/d: be accomplished 

through rulemaking" 69 Fed;.'Reg. 3.0601 (emphasis added).;,Theinstant petition requests 

that the agency initiate this necessary and long overdue rulemaking process to ensure that 

Ucensees, the pubhc, and APHIS inspectors are clearly on notice of what the minimum 

humane handUng standardsiare with respect to big catSy bears,' arid nonhuman pfimates. 

APHIS plays an important .rpje iri adcfressirig .the,,nationwide of dangerous wUd 

animals Uvingrin .unqualified facUities and backyards., 'The tJ,.S^^Fish and WUdUfe Service is 

also beginning to address this..prpblem,. for example ,thrpug!ii t"h€^ .Captive, WUdlife Safety 

Act, which, generally prohibits interstate, commerce.in big cats fpr the. pet trade. .16 U.S.C. 

§§ 3371(g), '3372(a)(2)(C),(e). However, USDA iicensees .are .'exempt from the. -Captive 

WUdlife Safet3j:,,Act, and.sb.APHIS rnust ensure^that hcensed p^^hibitors, breeders; and 

dealers, are not contributing to the. exotic pet .trade., Further,, t^^ Fish and WUdUfe Service 

reUes on APHIS to ensure the welfare of threatened and endangered species when issuing 

permits for Captive animals under the Endangered Species Act. See 50 C.F.R. § 17.3 

(definition of harass in the definition take when appUed to animals in captivity dpes not 

include generaUy accepted husbandry practices that meet AWA standards). If APHIS were 

tp adopt the ininimuni rpgijiirements proposed in this, petit:^pn, it would substantiaUy bolster 

the agency's position in,combating these problems f, 

. , ' • ..' , . ^ - •. I • -i .:'..*>,.• ; ... 

in suiriiriary, by'ribt exiiUcitly prohibitirig direct'anii urisafe cipse contact with big cats, 

beafsi'arid nbnh'uirian primates of any kge; Af'HI& 'actu^ unmanaged and 

frrespbnsiblb 'breedirig of eri'dangefed species;' substandard iiuyb'aridry practices, excessive 

handUrig 'of iiifarits, uririecessary ari'd'* stressful ttknspbrtirig,'^'^^ training and 

inhumarie' declawirig arid 'de-'fanging, 'dise£(se' tfarisfer ' tb' exhibited animals, and risk of 

injury and' disease transfer to 'the puhUc, and" uiiderniiries coriservation efforts and 

consUiner expectatioris that "USDA'^cbridiicts propbr b^ersight of hberi'sed facUities; Indeed, 

everi in China, which is not usuaUy'known fpr progressive ariiiri'al welfare measures, bne 

province has; pfohibitbd pubhc Contact 'with tiger cubs. "Se^''!Xirihua;'Wp More Phptds with 

Siberian Ti^iif ' Cubs 'ih ''NE'' ' ' 'GhinaP '' (July; ' 20, '"''2012), ' at 

http://www.china.org.cn/envfronment/2012-07/20/coriterit 25962450.htm?r=v.' USDA/APHI S 

must take prbmpt actipn ,to. address this animal welfare^ crisis. 

: f .-i •--' •-

55 
EXPERT DECLARATIONS 

Dr. Ronald TUson (pg 57) ( 

Else Poulsen (pg 63) 

Dr. Henry M. :^ichaf d^bn (pg 66) " '' 

> , i . : • Cafcle Ba3kin;.(pg*69) -.^^i.- .' ' 

-,05. f. '7;!. . I •,,'"•>' , .i • ,. 'i 1 .'i, •• yr •... s r .y' c ••" • '•;'...!-• 

' • - 'KI'''!• ';; -"rr-r. ' \ ' u' ' ' -. '!' ; " " • •. '; ' 

- i ; ri -; .. '"^ ! :: JC'..1. ^-r."'"' •••; •.:•• '• \ • '• •. .'^i 

•,. •'. 

•I •.•>" r.i.ru<.< {••.'c'- •'^'•' '.K^d:', ('; 

''; !>:;:^ " • ";f;"j;^o:.. ; '•f'^• 

> 1': ' • ' f 

It-;;; • .i • . . i!..:'- ' ' 

S(.'. • ...•'?!:!.".•':! 

• r- y 'M:!.'.;; f: 

56 
Declaration of Ronald Tilson, Ph.D. 

State of Minnesota ) ... -• ^'-t . -^-i ' . ?;'^:,;; | 'r';,.^ 

County of Dakota ) , .. VT ;.;.;oH '' , . 

I, Ronald TUson, hereby declare as foUows: , -

1. I have personal knowledge ofthe facts set fcrth in this declaration. The facts set 

forth are true to the best of my knowledge and recoUection. 

2. I received my Ph.D. in Ecology from the University of Cahfornia, Davis in 1980.1 

also spent 4 years in a post-doctorate position iri Conservation Biology at the Desert 

Ecological Research Institute in Namibia. I am an Associate Adjunct Professor in the 

Fish, WUdUfe and Conservation Biology Department at the University of Minnesota 

and the Senior Conservation Advisor to the Minnesota Zoo Fpundation. 1 have been 

a member of the Association of Zoos and Aquariums' (AZA's) FeUd Taxon Advisory 

Group (FeUd TAG) since 1990.1 served as the Dfrector of Conservation for the 

Minniesota Zoo for 21 years. From 1987 to 20111 coordinated the AZA Tiger Species 

Survival Plan (SSP), which manages apprpximately 260 pedigree tigers Uving in 

North American zoos. 1 have pubUshed over 300 scientific articles, testffied in 

animal trafficking trials as a tiger expert, and advocated for regulation to proiriote 

responsible care of tigers in the private sector during my entire professional career. 

3. I spent 12 years in the field in Asia, Africa, and Central America and initiated and 

directed the Sumatran Tiger Conservation Program in Indonesia, from 1995-2010. In 

I ' 

2006,i I was appointed Dfrector of the South China Tiger Advisory Office at the 

Minnesota Zoo. For 8 years, I served as Chafrman of The Tiger Foundation, a 

Canadian non-governmental organization facUitating tiger conservation. I also 

served as Co-Chafr of the Southeast Asian Programs of the International Union for 

Conservation of Nature (lUCN) Conservation Breeding Specialist Group, 

coordinating a Global Tiger Conservation Strategy in Southeast Asia. 1 have 

conducted inspections of privately-run big cat faciUties at the request of state law 

enforcement, focusing upon animal cafe and facihty conditions, including the 

manner in which the animals are kept, the potential threat of escape, cleanhness 

and hygiene and particularly, the overaU assessment of bpth staff and animal safety. 

4. Duririg my career 1 was the primary editor of the book Tigers of the World: The 

Biology, Biopolitics, Management and Conservation of an Endangered Species 

(pubhshed in 1987); co-editor ofthe monograph Management and (Conservation of 

Captipe Tigers (that was translated into the national languages bf ThaUand, 

- i 57 
Indonesia, Russia, China'and Vietnam a revised version of this monograph wiU be 

pubUshed in 2012); creator of the!first web site on tigers'caUed the Tiger Information 

Center (initiated in 1995); co-coordinator of the Year of the Tiger Conference (held in 

1998); and finaUy, I was the co-editor of the 2'}<* revision of'TYg^e/'s o/i/ie Wsr/d; The 

: Biology, Politics and Conservation of Panthera tigris (pubUshed in 2010);' - • 

5. My extensive'research, pubUcatibns, and experience coordinating global • • 

'. ; conservation'efforts irivolving both captive and wUd tigers riiake ms uniquely 

quaUfied to attest-to the compromised weUbeing bf tigersiarid other big cats in the 

context of pubhc exhibition. 1 strorigly support this petition ito prohibit pUbUc contact 

; with big cats, bears,- and nonhuman primates of any age in order to protect animal 

' welfare and pubUc-safety and to promote conservation of endangered species". 

.1.; ••'. ..'ii-' . t;' U • ' ' '•.:" ' ir: .J- (- ; ;.', ; .. i ,i -u^ 

6. ;!SBased on my experience of coordinating a legitimate-tiger conservatibn propagation 

" program, 1 know that it is essential that Captive breeding he conducted on the basis 

. :• of sound science and professional husbandry standards.: Fbr example, the Tiger SSP 

. . maintains international 'studbooks for Amur, .Sumatran and Malayan tiger 

subspecies, analyzes^their genetic Uneages aU the way back tb wUd- caught founders, 

and annuaUy evaluates the SSP:populations, to deterriiine;breeding(" 

recommendations that preserve and/or increase genetic integrity and account for the 

space avaUable within SSP •participating zoos for adult animals. Conversely, 

breeding practices:by-pubhc contact exlUbitors, v/ho do not;employ these principles, 

seriously undermine legitimate in-situ species conservation efforts, jeopardize 

:; animal health and welfare issues; and sends false arid misleading conser.'ation 

messages to the general'p'ubUci.i ;;;^'? j " :;;; ' ic :'•. • 

. ^ ' ; iuJ : 'l i ii<\:i. 'j - . ; • V; . .;•.':< ', ' 

7. Roadside zoos and otherlunaccredited faciUties breed cubs recklessly each year to 

supply the demand for pubUc handhng; ;WhUe the'exact-number of births is -

unknow^n, as these numbers are often not feported and remain untracked, it is hkely 

that weU over 100. tiger cubs per year are born iri the U;S. outside of the AZA Tiger 

SSP. Pfivate breeders typicaUy ignore. professionaUyrrecognized best practices Uke 

maintaining/increasing genetic integrity ; aUowing inothers'to rear their owii '^ 

offspring, and insuring both mother and cubs.are";not subjectedto stressful 

envfronments, ;such as constant intervcity transfers in inadequately designed 

vans/trucks. By frivolously breeding tigers, for example by not maintaining genetic 

diversity; the result is that-these offspring most hkely- wiU have lower reproductive 

success, some wUl suffer fi'om congenital defects such as hip dysplasia and cleft 

palates, "and a few wUl become so neurotic that they wUl attack and maim or.!kiU 

their cage mates. It is imperative that cap tive pop ulations'of endangered species are 

managed to promote legitimate conservation efforts that are focused on'the long58 
term goal of using, these animals for in-situ. efforts.(by augmentation of existing 

populations or as,reintroduction:candidate$).by range countries: [ 

• . ''p., • • :' ..iV'^"" ' i. v.^ rr>iuib-:-::r-j :\^'r/' •' \. -

'8. Preiriaturely removing a big cat ;cub fi^m- itS; mother is ;not coridoned by the majority 

of animal care professipnals.because it mayhave; significant negative developmental 

and weffare impacts for both the cub and its mother. Most importantly, the mother 

provides colostrum to-a cub in the first 12-;24ihoUf S of nursing,-.giving the cub 

essential nutrients and antibodies to bolstef its undeveloped immune system. In the 

, .wUd, a tiger .cub wUl. stay with.its mother untU, sexual maturity, t5T>icaUy 2.5 to 3 

:. years!.;Forcibly separating a cub before thjat'time can lead .to negative long-term 

•health.and behavioral repercussions. These,unne.cess'ary impacts,would be better 

documented if aU deceased individuals underwerit a prbper. necropsy, but that is not 

commbn practice at most substandard breeding facihties. Tiger experts with 

-. , -hundreds of,'years of e^qjerienoe .in, captive propagation, agree that it is norm€f.Uy;in a 

cub's best .interest fp-stay with its'mother UritU the species'tjT)ical ageiof dispersal 

(i.e.,; 2i5-3 years). Pfemature separatiori impacts,jthe -mother as weU - p.ubUc coritact 

exhibitors; may, breed a female tiger as many as- three-timesiper^year, which would 

never pccuf. in. the -wUd.', Science.-base,d knowledge of 'a :tiger's f eproductive natural 

history, commOn-sense derived from years;of pfofessionaljm'anagement of tigers in 

, AZA-.accredited z^)psj iand. a nod-to>ethical and moral reSpOnsibUities to care and 

nurture captive tigers, tOi.the best of our abUifiesicaUiridicate that repetitive breeding 

, \ :-.simUar.to whatLOCCurs in puppy;m;iU.s.-.is;detrimental;to^the mother. 

;••; .j i^;.; .r]•:o''"''. r:r':iO •• ;'0:.. ;';'.h ^^:.^'• ;'i; :'iJ;^ini.l.i:A4! e:.ir:.'r 

9. i Hand-reared cUbs typicaUy weigh less-than mother-reared cubs, and often suffer 

digestive issues from formula-feeding and unhygienic iienvirpnments, potentiaUy 

resulting in infection. For example, experts know that in the event that a cub must 

be hand-reared (because the cub's.iribthera'sinot providing..adequate care), cubs 

should Ue on.a-flat.surface during b'bttleT'feeding to: prevent aspira:tion. However, it 

i 

,appears that mariy substandard exhibitors aUow, members of the pubUc to bottle-

.-' feed tiger cubs:whUe hblding them in.an improper and unsafe positiori.that increases 

.' • chances of aspfration and death; .AdditionaUy, these pubho-feeders seldom;have 

access to washing basiris, do not wear.propar clbthing orjhand-glbves, are-.not 

screened to;see if they are sick, coUghing or exuding mucus from colds and viruses, 

thus.cfeating an ,unhygienic envfronment that.'endangers, the cub specificaUy. 

•'• . ;;••;-!, .'i' . - •ik[;rr'•' • ' • ^^-Mn..': i;f..'.-•' •,-:A-, 

10. : Hand-feared cubs are also susceptible to, behavioral disorders;'causing! them to 

.display abnormal traits as adults.sFof example,, tiger cubs reared .by surrogate 

f.animais such as dogs often do not kcqufre species-tjT3ical behaviors.;;The'large body 

of evidence re!garding .maternal; bonding versus infant'separation, in most-every 

primate .famUy.studied is instructive in the big cat context - for mamimals,; not being 

59 
reared by airiother ofthe sairie species, •arid being in the coinpariy of other htter 

mates, is a haridicap-to developing normal adult behavibf; -

11. Big cat cubs are born bhnd, fragUe and completely dependent on its mother's care, 

> Warmth and inUl: to survive -iri'fact,'in both wild tigers and captive tigers, rieonatal 

mortaUty is highest (about 30%) 'during the'first 30v90 days' - which is why • 

legitimate conselrVation propagation programs aUow darns and their cubis to be left 

. undisturbed after bfrth to aUow tlie.mbther and offspring to bbnd and estabUsh a 

feeding routine. Indeed, 'accredited-zoos generaUy dp riot even put a iriother arid cubs 

on exhibit untU the cubs are at least 12 weeks of age, due'tb the potential iriipacts of 

stress and/or accidents from exhibition. In many instances where substandard 

facihties separate cubs becauSb'^b;; a claim that the mothers' are nbt providing proper 

care, it may be that the birthing environment; including the presence of staff, 

contributed to the rejection by'the mother. - ':'**^^"^'^ ' 

12. Big cats normaUy sleep up to 30% of every 24-hbur day, but pUbUc handUng severely 

" interrupts this sleep cycle/Causing exhaustion, anxiety, frritabUity, and associated 

physiological coiisequonceo that compromises thefr immune'system. Transpbrting 

animals for exhibition purposes poses additional and serious health concerns for big 

cats. Travel conditions and noise often cause stress, anxiety, and diarrhea in big 

cats, especiaUy cubs,'CGriipfbiriising'their imniune 'sy.steriiS;arid making them more 

susceptible to disease. There is p'robably norOtlier recognized^event that is considered 

more dangerous for a big^Cat than beirig -trarisferred from a place'of famiUarity to 

one of unknown famUiarity.- 'Big cat.;trarisfers are weU re'cbgnized withiri the = 

professional care fraternity as bne^ofjiif riot the most, leading cause of premature 

death in tigers.'.-'''.'-^'^'^R'" n-i ^ >'^; .s ',' ••-•.-••.[ •'r-- 'r--.r -

13. Captive tigers are s ascepltible tb diseases, including canine distemper, bacterial 

meningitis, cbUsepticemiaV and'salinbneUa; which is also:fatal to" tiger cubs.- Because 

signs of disease are often laterit untU trie disease is advanced, a tiger's health and 

welfare are dependent on acute perceptions in behaviofal or physical changes, which 

are best rioted by fofiriaUy trained staff csring'for tigets iri famUiar erixdronments. 

Exhibitors conductirig pubUc'handUrig operations usuaUy do not have the iricentive, 

skiU,ibr most importantly, a cbmmitment to respbnsibUity, to re'cogiUze these' 

symptoms.' •'"• - ••-'•• - "•i'-.-s- .. • .-..i . • 

14. AUowing pubUc contact with often unhealthy animals-also poses a risk to pubhc 

health arid safety. Tiger teeth aricl ciaWs a.re incredibly sharp from the moriierit they 

erupt, around seven weeks of age. Having hand-reared tigers myself (when truly 

necessary for the health and weUbeing of the infant), I know that young tigers are 

often uncomfortable witli beirig handled, as observed by the animal Squirming and 

60 
• trying to get away.byjbiting; scratching,..defecating, urinating;( and squeaUng. Thus, 

aUowing pubUc contact,.with even-young cubsiposes a risk,tp;pubUc safety, especiaUy 

for young chUdren. 

I . - • , ' .... . . , 

1- . y H7f .1' "tj .;'•.(<••) r', • '..'xy.-'-- r ';;-'.-';•.»•; '• •'i-r;; • ' ' 

15, Once tiger cubs reach-maturity or are no longer profitable - because they, can no 

longer be handled.by-the;pubhc -.they,are often-sold and.relocated to other:i ; 

.i substandard'facihtie.s. where ;they do not receive proper care (including contaminated 

. .food and.dfrty enclosures); It is,extremely problematic:that hcensed exhibitors are 

.. aUpwed to maintain mass ibrepding-operations but,,assume no resporisibiUty.for the 

..Ufetime care of the animals: they .produce.ta. : i; , • i; i .; ' 

: ;.;'"!!;;- " .• .;;.•' > -i.-^:: . ' .-i-/;<;, i:'. ' .r.: ii'-r.-- - ' -ivi,;-;;' ;,'•?. 

,16..In addition to aU ofthe ammal welfare and pubUc safety iconce.rns discussed above, it 

is important to note that with a criticaUy endangered specips -like tigers, the,-^ 

business of using these animals as photographic'props;undermines legitimate 

conservation efforts. Indeed, by aUowing members of the pubhc to handle tiger cubs, 

, ..these jbusinesses contribute to the.demarid fpr big cats as^exptic pets., Further,-

J vbecauise there is. no. oversight of allof the tigers .being bprn in the U.S., pubhc contact 

, exhibitors cpuld be supplsdng the iUegal tradeiin tiger, parts for traditional Asian 

medicine. '-^i--.n Auy.-i'-. ^i,1; . • ^--r'y-rry.;^r:-^i-"y.]: Ki", :• '.•! 

: ;•..:' •'^f, . -i .?;•;''•;.: ,'•. . L-'-' : r !'.• ^-y 'rr.,-ryi'l v-' 

.IT. The urimaftagedrtigeripppulatipn is;a.different:cre?^tiAre.altogether. They are no 

. ... longer Amur pr,.Sumatra,n Qr Beng8d'tige;rsrThey;areitiger,soup. It is improbable, 

ij .and,, in fact, undesfrable; that any wUl/eyef bPirelei^sediintOithe wUd, despite the 

argument by spme<priyate ownerS'-tP the, contrary, and thus they remain geneticaUy 

- indistinct, large predatofs in cages withi httle or no ,value !tQ :the future of their kind. 

As tigers they have no worth, but for seUers of thefr parts they are worth a fortune. 

18. Where stUl legal; tigers; are bought, sold, arid bred, .They- are played with Uke house 

cats. 'They-.are show-^.cased-for mPney.iand conceit, and they are raised fof the ; 

personal gratification pf thefr pwners.. Injuries^and deaths to caretakers and visitors 

are brUshed.away as either poPr;hus.bandry or bad luck, .npt the fesult of hundfeds of 

thousands of years of deeply rooted predatory, instinct. Based on thefr ;experiences 

with thefr' own pets; and; various fictional depictions^. many- people, have, a strong 

desfre to be^close .to and.to touch wUd.animals.iMany alsp-beUpye that wUd animals, 

even large predatprs, wUl respond positively to love and affection and return that 

affectipn in kind. This is a recipe for disaster. Large carnivores should not be treated 

like dpmestic dogs .or.gats. Getting tpp close to any large predator, whether captive or 

'WUd, is risky and the pubhc apparently is;.often not gettirig this importarit message. 

19. The keeping and unregulated breeding of tigef s is:not;healthy for ipeople, tigers, or 

tiger conservation..:Municipahties, states"/:and federal governments, should be 

1 - • . 

61 
' encouraged to restrict the breeding, sale,'arid irresponsible private ownership of 

tigers and other large predators. This is already happening through the efforts of a 

few organizations, and a growing number of local jurisdictions. Ending uncontrolled 

breeding of tigers and other exotic wUdUfe outside of legitimate, scientificaUy 

managed programs would also lessen or eUminate the need for sanctuaries, and the 

funds used to operate these faciUties could then be diverted to conservation. This 

trend should be encouraged both in the United States and around the world.. 

Pursuant to 26 U.S:C. § 1746,1 declare under penalty of perjury under the laws ofthe 

United States of America that the foregoing is true and correct, based on my own 

personal knowledge, 'aiid as to those inatters, !i believe therii to be true. 

Executed this 16"^ day of October, 2012, in Apple VaUey, Minnesota. 

.. .-.ynr^y 'i ^ ••i'^-.'' ;.--/'T;. . ' •••','• ^ .''r.l":r - ,ry''••••-•..• • ;: - ; ••, 

;.' yrr/. 

Dr. Ronald TUsori : -'.1 r .-'-, --i 

r .r: i. ••!i;':-.b rry 

•y. •^v->": •• ::':?v) -•>;.! 

,:'\^:iy.\\y:>,ryxr; r •• 

. >.C.: V s.:'. 

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62 
Ontario 

Canada" 

) 

')" 

. -/• Declaration of Else. Po,ulse , 

' .'•;•: 'fi: y' '.-; -r. r. ' .:'v• . -; 

-'^.•.''..jb'-.•:•;!_.'>,'.«. •,!?•;•;.': ::tt;-' . 

I, Else Poulseri, declare as foUbws: 

1. 1 have personalkriowledge ofthe facts Set forth iri this declaration. The facts set 

•• ;; '1 Kif y\ut. . '. '•• .r-• • " -ryy J " • ;..'5'"; .;•;,.• forth 'are true to the best of my knowledge and recoUection. 

2. 1 have been a Captive WUdUfe Management Consultant for 12 years. 1 received my 

Bachelor's Degree in Biological Sciences and a 4 year diploma iri Captive WUdlife 

Husbandry. 1 have over 25 years of experience working in captive wUdUfe 

management at zoos Uke the Calgary Zoo and the Detroit Zoo, which are accredited 

by the Association of Zoos and Aquariums (AZA). 1 have authored numerous 

scientific articles on bear behavior and husbandry. In 2009,1 pubUshed a book 

entitled "Smiling Bears-A Zookeeper Explores the Behavior and Emotional Life of 

Bears." 1 am a member of the International Association for Bear Research and 

Management and the American Association of Zookeepers. 

i' • - .• • . • 

3. I am a recipient of the AZA Bear Research ExceUence Award, arid President of the 

Bear Care Group, a nonprofit organization dedicated to the continued organization 

of international bear husbandry. The Bear Care Group facUitates communication, 

education, and research sharing amongst international bear care professionalis in 

the iriterest of global bear weffare and conservation. 

4. Based on my significant experience in bear husbandry, I understand the negative 

welfare, pubUc safety, and conservation impacts of frivolous breeding and pubUc 

contact exhibition of bears. Therefore, I support this petition to prohibit pubhc 

handUng of bears, big cats, and nonhuman primates of any age. 

5. Breeding bears outside of legitimate captive propagation prograriis has serious 

imphcations for bear weffare and conservation. These practices result in a 

population of bears without genetic integrity (and thus Uttle conservation value) and 

a surplus of bears relative to the space avaUable to provide adequate lifetime care. 

Often exhibitors engaged in the businesses of aUowing pubUc handhng of bears do 

not einploy professionaUy recognized best practices Uke keeping a studbook that is 

shared between faciUties to encourage genetic diversity and accountabiUty. 

63 
6. Premature separation of mother and newborn bears'is a commbn practice for pubhc 

'Contact exhibitors, as'hand-rearing-cubs aUows the'pubUc access to smaU bears that 

• are easief to feed and handle. However, this has severe, long-term behavioral 

impacts for the cubs, and bear experts'agree that hand-rearing cUbs should be a last 

resort and only dbne if a mother is riot wUUng and'able to^ care for the cub(s) and no 

!''Cohorts are avaUable'forpeer fearing.'^Bear cubs have'a genetic expectation to learn 

from their motherscubs need tO'be taught how to avoid danger and buUd nests 

and be introduced to complex habitats. Bears learn species-typical reproductive 

behavibrs froni mimicking adult behavior. Bear cubs are very sensitive to trauma, as 

evidenced by rescued cubs who are known to havb Witriessed the death of their 

mothers. For eixample, I rehabUitated a three-month old bear cub who lost her 

mother and deyel()pedithe stereotypical beha'viorCbf »pacing quickly in her enclosure. 

. - This bear sufferedlong-ternnimpacts from being deprived of maternal influence. 

7. Without the ojjportunity to learn healthy bear behavior, cubs are more prone, to 

stress, anxiety; and behavibrai iSSueS hke'entrenched stereotypes! Ariy pubhc 

handUng of a bear cub is by definition excessive and undermines animal welfare. 

Bear cubs are bften transported around the country to facUitate pubUc contact 

exhibitiori,'arid this deprives cubs of the sleep, exercise, and routine that they need. 

Travehng and piibUc handling are very stressful for a bear cub. For example, daUy 

and seasonal sleep cycles are severely disrupted for travel or performance. Bears are 

diurnal and sleep twice a day, a schedule that is inconsistent with being awake 

during normal :b.usiness hours for pubUc contact exhibitors. Bears are metaboUcaUy 

depressed in the faU, and need to den in order to rest and encourage tissue repafr. 

Unfortunately,:substandard exhibitors often do not provide bears with the 

opportunity for sufficient daUy and seasonal rest (as pubUc handUng is prioritized 

over the animal's need for sleep). PubUc handUng of a sleep-deprived bear increases 

pubUc safety risks, as such bears are more frritable and stressed. 

8. PubUc handUng of even infant bear cubs is unsafe. Bear cubs bite naturaUy, and 

learn not to from parents or sibUngs who bite back. Further, bear claws do not 

retract and even a young cub can cause substantial injury to humans, especiaUy 

young chUdrenj A hand-reared bear at a roadside zoo or travehng menagerie is far 

less likely to have exposure to other bears to learn social cues, which may result in 

abusive training techniques in an attempt to curb biting and scratching. 

i 

1 

9. Oubs used for pubhc handUng may be underfed, intentionaUy or due to a lack of 

knowledge of adequate care. Suppressing growth may extend the length of time a 

bear cub can be| handled by the pubhc before the animal is too large. 

64 
10. Cubs bred for pubhc handhng.frequently,end'Up,in substandard facUities,,such as 

roadside-zoos, when they become tPo large.;of dangerous to handle. It is very.difficult 

:to find homes forbears once, they-are discarded bypubUc contact exhibitors. There 

are; few facUities that are able to provide appropriate lifetime care, and thp number 

', of unwanted, bears far surpasses the number of spaces available; in credible .'. 

f. sanctuaries.- Spacora.t these sarictuaries is also in demahd fof rehabUitating.wUd 

- bears, making it everi more difficult.tp place hand-reared bears previously used for 

pubhc cpntaotiP5{hibition. As.a resultVthese-iUnwanted, unprofitable bears:are often 

sent to.substandard facihties or kUled (pefhaps even contributing to the iUegal trade 

inibear parts fpr traditiorialmedicine). .J :vi,' .. ..';'o 

. • -.^V /: '';:i .. i.i.'•:••••: I ' ;;i ;?! '-y rr ' ••<•'- '•-ryL ; •;. 

. Bursuarit to 26 U.S.C. § l[746i-.Ldeclafe under penalty of rpeigUry under the laws of the 

United; States of Ameriqa that the foregoing is true and ;correcti: based on niy .own personal 

knowledge, and as to those matters, 1 beheve them to be true. 

- .-v •; '..r; .r; .d ..;• ^ ; •"'.•^o '/ir . ''\. ' r.'-ij ^ :.JQ,-.:, ,;. ',' .•; 

Executed,this 16"" day, of October, 2012, in Ontario, Canada. 

•rl,.^-:<i, u-y.-''- •••• . . y )y':<. ,,r'y ; yry'i nKf: y ' 

•r.y. >: y. 

y<:-. !•:. • •• 

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65 
Declaration of Henry M! Richardson, DVM. 

( • 1 ' J . ! i 1 

State of Cahfornia !). , , 

... [ • •'h."rCounty of Butte i ) : 

I,,Henry M. Richardson, he.reby declare as foUows:, r , . 

1. I have personall knowledge ofthe facts set forth in this declaration. The facts set 

forth are true to the;,best of my,knowledge and recoUection. ' . 

2.., .I,am a vete.rinarian withexj^ertise in wUdariimals Uving in captivity,,and,I have 

ponsiUted with|,numerpu8 npnprofi.t organizations.and government agencies 

regarding th.e,.welfare of animals in faciUtie.s.acrps.s the country. I, have more than 40 

.. .f years of experience, providing care fpr.animals, residing in accredited zpo.s, .cfrcuses, 

and in private Jownership.,For three.years, I have served pn.the Board of Dfrectors for 

Chimpanzee Sanctuary Northwest, a, faciUty accredited by the .Global Federation of 

Animal Sanctuaries. 

3. 1 have traveled tp Bolivia three,times ,to provide veterinary, assistance to five Uons 

and a baboon who w,ere..rescued frpm-,a BpUvian Circus. I.also.served as, the Project 

Veterinarian for Bo,Uvian;^pn,Airk;from Npvem,ber.f2010,thro,u^^^ February 2011, 

when I assisted the. Bolivian government in rescuing 25 Uons from circuses and 

traveled with the Upns,to a.sanctuary,in,(!Iolorado to monitor health,and stress 

during transit.. In the ]l9,90!s;I wor!ked in Rwanda providing.veterinary,care to 

endangered mountain. gprUlas .while.monitpring and evaluating the^health of 

mountain gorilla populatipns.),,-)., ,,.. . , 

i ~ 

4. Because pf my!extensive experience, with captive animals, 1 strorigly support this 

petitipn ,to prphibit public contact with;big cats, bears, and nonhuman primates of 

any age. Such.unProfessional practices are,often,cruel and dangerous a.nd . 

undermine coriservation.efforts..-i i ., 

: I ' • • - - -" 

5. Unmanaged arid irresponsible breeding pr^actices'pose, a broad.range of problems for 

big cats, bears] and primates. For example, inbreeding to produce aestheticaUypleasing white! tiger.s .often resiUts in facial defprmities, .hip dysplasia, potential . 

renal, failure, and, a shortened life span. SimUarly, cross-bree.ding tigers and lions to 

. produce Ugers also poses health problems for the cubs, including poor.bone:health 

related to their large size, and shortened Ufe spans. White tiger,s and,hybridized big 

cats do not benefit,conservation, but often are produced bjf s.ubstandard faciUties 

looking to profit from exhibition. 

I 66 
6. It is a basic tenet of mammaUan biplpgy .that: offspring are fe.a^ by their dams, 

including a relatively lengthy period of nursing and weaning and learning essential 

skiUs for adulthood. Premature separation of mothers and their offspring often 

results in poor health and beha'^doral abnormaUties in the infants, some of which 

can persist throughout a hand-reared infant's Ufetime. Premature separation can ' 

also riegatively impact dams, who devote significant resources to gestation and bfrth 

- I have seen female cats emit a mournful caU for weeks after being forcibly 

separated from thefr offspring and! have rio'dbubt tha:t females who lose their 

young experience a sense of loss. 

• '.:,•'•! . ' " '-.. •;'!:'i;ib . ' ' : .Vd y-.y'' :.>':y...'i '. . . 

7. The length of time that expeffs' recognize 'ais riebessary fof normal irifant 

develbpment varies depending on the species, but there is general consensus that in 

• * legitimate captive prbpagatibri programs the best ^fif actice is'^to avbid distUfbing 

mothefs and-newbbfns (phySiCaUy Of even audibly) sb'that they can bond and 

''e'stabhsh a'routine for proper -physical arid bbh'a:viofal developmerit. In coritrast, 

exhibitbrs erigaged iri the biisiriess bf bf eedirig fof pubhc haridUng 'often preiriaturely 

and forcibly Separate irifants "both to obtairi-youri'g cubs fof pubhc contact and to 

encourage "a dani"to reproduce again'iribfe quickly:'''^ ^'^^ 

8. When, infant big cats, bears, or primates are prematurely separated from their dams 

' it results in a'weakeried iirimurie systeiri, in'paft'l^caUse'theie infants often do not 

• ' receive pfopbf nutrition when depfiVed of thefr 'rribthefs' niilk. These hand-reared 

' ' animals have''fU'rther'^weakeri'ed iimriurie'systeriis when they are deprived of 

siifficibrit rest'and exercise'to malce'them'aMUabrd-fbf i)ubUc hand^ When these 

• young animals with cbinpremised imiriuriit^ afe'^handle'd by the pubhc, they are 

particularly susceptible to contracting dfsfeaseS. Fof exairiple; feUrie distemper vfrus 

can Uve bri clothing'for '18 hours and ai' riieriibef bf the'pubUc with an infected 

• housecat could easUy transmit this disease whUb'hblding a tigief cub!^ ' : 

9. Infant big cats! bbars! krid primates who are preiriaturely separated from thefr 

'^•mothefs often experience Ibri'g-term-behavioral abnorriiaUties,'especiaUy related to 

their bwri reproductive behavior. These impacts afe Vbry WeU estabUshed with 

regards to primates, and that body of evidence is laf gely appUbable tb big cats and 

bears as weU. Indeed, big cat cubs and espeCiaUy bear cubs are known to be very 

dependent on f Uefr" dams tb learn species-typical adult 'behaidors.' 

10. - The threats to pubUc'safety frbm handUrig bf big cats, bbstrs, and nonhuman 

priiriates of any'age afb significant; For'example; when big cat'cubs are peririitted to 

' be'hari[dled,'bites bf scratches'that afe likely tb occur could cause infection. I have 

' also sb'eri cases where'fingwofrii-arid pkrasites'liave been transhaitted'tb humans 

froiri big cat' cubs during the course of pubhc handhng. Bear'cUbs frequently have 

::,-^ .:..n.;:." ' '; 'ti '-r. ' •' • 

67 
• round worms, jwhich human chUdrcn^are particularly susceptible tO due to hand-tomouth contact. Since bear claws are not retractable, these animals.pose a public 

safety risk evefn at very young ages. 

Pursuant to 2^ U.S.C. § 1746,1 declare under penalty of perju'iy under the laws of the 

United States of America that the foregoing is true and correct, based on my own personal 

knowledge, and as to those matters, 1 beheve .thens to. be ,true. ,,, , 

. Executed this i5'^day of October, 2012, in Paradi.se,; Calff^ .. . 

/s/ Dr. Henry M. Richardson 

u ,. • , ••''r , ). :i. • •yy, ;.' ,' i :; 

; ; Dr. Henry;M. Richardson ,•. 

•f,. 

;'-.-i '. .. 

-.1 -il . 

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".-•.::'•'. ;i* 

ylrr- ;•: -.:,>; '•-• > ••

, ' .)i;'j.. ; • i :.; 

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68 
:---'-f.'v'"''V' ''''.^•• 

••] , . , Declaration of Carole-Baskin • ,. 

State of FlOTida y - . -

County of Hillsborough ,^ ) , 

i • '. ••| ' • - •' •", t '•'. ..-''"t i i.l'.: . ; .a . ' ' 

H. .1, ; -i, 1-) f.^ i . •'•' , .!•• ..•:!•; ;;;.;•";;•• ;'^' : . .v;.;? f.;.!=••,.:«• . ; .' 

I I, Carole Baskin declare'as foUows:- ''•^'^ • '^ ' ' ' ."r.'. ''•. ' . 

1) 1 have personal knowledge of the facts set forth iri this declaratibn. The facts set 

forth are true to the, best of my knowledge and recoUection. 

2) 1 am the founder of Big Cat Rescue, a faciUty accredited by the Global Federation of 

Animal Sanctuaries that is one of the largest sanctuaries in the world for abused 

and abandoned big cats. Big Cat Rescue currently houses over 100 cats, some of 

whom were formerly used for pubhc contact exhibition. Big Cat Rescue is a nonprofit 

organization that strives to reduce the number of big cats that need rescuing and to 

promote proper care and general weUbeing of big cats. I have over 30 years of 

experience in large feUd husbandry, beginning with my work rehabUitating and 

releasing bobcats, and I have seen numerous USDA hcensees engage in the 

unscrupulous practice of aUowing pubUc contact with big- cats of various ages. 

3) There is currently a staggering surplus of unwanted and neglected big cats in the 

U.S., but few facUities have the resources and capabUities to care for them. As a 

facihty hcensed by USDA, Big Cat Rescue is regularly inspected; through these 

inspections I have learned of the deficiencies in USDA oversight of exhibition 

facihties. For example, it appears to be routine practice for USD A exhibitors to 

simply ask Ucensees for an inventory of their animals, as opposed to personaUy 

verifying these numbers. This aUpws unscrupulous Ucenspes to easUy falsify 

information about the number of animals they have, which severely compromises 

USDA oversight over the rampant breeding and deaths that are occurring at 

substandard faciUties, such as those that engage in pubhc contact exhibition. 

SimUarly, there have been instances where the inspector visiting Big Cat Rescue has 

informed me of infrastructure changes that are necessary for comphance, yet I know 

that other faciUties are not requfred to meet the same standards. The difficulty in 

enforcirig the Animal Weffare Act means that it is essential that the agency's 

regulations are as clear as possible so that hcensees are on notice as to what is 

expected for comphance. 

r 

4) The large surplus of unwanted cats is due in large part to unmanaged and 

frresponsible breeding that routinely occurs, much of which is motivated by the 

demand for young animals to use in pubhc contact exhibition. Proper care for one 

69 
big cat at Big Cat Rescue requires'a'firiancial commitflient of appfoximately $10,000 

per year. Because many adult big cats cannot be housed together, due to thefr 

soUtary natu;re, the infrastructure expenses to provide sanctuary for aU these 

surplus animais would be significant. Due to financial constraints. Big Cat Rescue 

and other accredited sanctuaries routinely have to refuse to take in big cats who 

need sanctuary. As a result, .unwanted big cats (many of whom were used in pubhc 

contact exhibition until they grow too large) are often sent to substandard faciUties 

with inadequate Uving conditions. 

' i ' • • • 

5) Because young cubs are the most profitable for exhibitors, most are prematurely 

separated frorn thefr mothers. These cubs are hand-reared, which 1 have seen result 

in long-term behavioral abnormahties. For example. Big Cat Rescue is home to one 

tiger who was separated from his mother soon after birth and stUl sucks on his paws 

17 years later J Abnormal suckUng behavior is common in hand-reared cats and is 

likely a coping mechanism for maternal deprivation. At least twb othef adult exotic 

cats at Big Cat Rescue who were hand-reared display simUar abnormal behavior. 

6) Facihties engaged in pubUc contact exhibition often are motivated primarUy by 

commercial interests and often faU to provide adequate care to their animals. Many 

ofthe big cats; we receive suffer long-term health problems resulting from previous 

substandard care. For example, weak bones and early bUndness are common effects 

we see resulting from poor nutrition, such as diets too high in sugar. Big cats used in 

pubhc contacti exhibition are also frequently exposed to stress-inducing traveUng 

between locations where pubhc contact exhibition occurs. Transporting big cats for 

pubhc contact exhibition is an unnecessary risk to the health of the animal. When 

Big Cat Rescue receives big cats, it often takes weeks or even months for the cat to 

recover from transport and adjust to its new envfronment and begin eating properly. 

When pubhc contact exhibitors frequently shuffle big cats around the country to 

different exhibition locations, the animals never get the opportunity to adjust to 

their surroundings and are thus under constant stress. 

I • 

I 

7) Big Cat Rescue does not aUow contact between our cats and the pubUc. Although we 

do not receive! the cats untU they are older (Ukely because young animals are more 

profitable), wb do not aUow direct pubUc contact with big cats at any age due to the 

animal weffare and pubUc safety risks. Even smaU cubs are capable of breaking 

fingers due to their powerful jaws, making pubhc contact with big cats of any age 

dangerous. ! 

Pursuant to 26 U.S.C. § 1746,1 declare under penalty of perjury under the laws of the 

United States of America that the foregoing is true and correct, based on my own personal 

knowledge, and as toi those matters, I beUeve them to be true. 

! 70 
; > ... 

Executed this 1'7"' day of Qctp]ber, ;2012,.in.Tampa,. Florida.: 

... i-

, Carole Baskin 

'0 

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71 

CEHTIFm MAIL 

-7.DD5:am0: D D Dl!:.b b flD: 71 ib 

016H26510955 

$08,440 

01/07/2013 

Mailed From 20037 

US POSTAGE 

"^i ^ THE HUMANE SOCIETY 

- ' ' " OF THE UNITED STATES 

Celebrating Animals, Confronting Cruelty 

2100 L Street, NW 

Washington DC 20037 

humanesociety.org 

Honorable Torn Vilsack, Secretary 

U.S. Department of Agriculture 

1400 Independence Ave SW 

Washington, I)'c 20250 

. /