Implementing Marine Mammal Regulation

APHIS now is enforcing rules
published on June 22, 1979, placing
marine mammals under the protection
of the Animal Welfare Act.
Standards for housing marine mammals
became effective September 20,
1979. However, officials recognize
that tanks, pools, and other
structures cannot be rebuilt
instantly to meet new standards, so
the regulations provide for
variances lasting up to 3 years.

The deadline for submitting
applications for variances was
November 20, 1979, and APHIS already
had received a number of them at the
end of the fiscal year. Applica-
tions for variances do not guarantee
that a variance is granted. Each
application is thoroughly reviewed
to assure that the health and well-
being of animals is not threatened.

Exhibitors are not granted variances
for facilities in which to keep
animals not presently housed on
their premises. Federal agencies do
not issue permits to obtain animals
unless APHIS certifies that the
animals will be housed in a facility
that fully meets APHIS standards.
This provision is part of an

agreement between APHIS and the U.S.
Department of Commerce's National
Marine Fisheries Service, the U.S.
Department of the Interior's Fish and
Wildlife Service, and the Marine
Mammal Commission.

Investigation of Public Complaints

Aware and concerned members of the
public can and do uncover instances
of inhumane and illegal care and
treatment of animals. APHIS responds
to all public complaints and puts a
high priority on investigating those
that involve possible violations of
the Animal Welfare Act. Again in
1979, a steady flow of letters,
telegrams, and telephone calls were
received on the topic.

Public complaints led to 703
investigations during 1979 (appendix,
table 6).

Prelicensing Inspections

Prelicensing inspections are made
pefore dealers and exhibitors are
licensed to assure that their
facilities, housing, equipment, and
programs of veterinary care meet
Federal standards. APHIS also
inspects kennels before they are used
to hold animals for licensed dealers
to help them comply with the 5-day
holding requirement for dogs and cats
(an anti-petnapping provision of the
Animal Welfare Act).

APHIS representatives conducted
1,727 such inspections during 1979
(appendix, table 6).

Recurring Compliance Inspections

All licensees and registrants are
inspected to determine if they meet
USDA regulations and standards.
Unannounced inspections are made at
their business locations and at all
premises where they keep regulated
animals.


Table 7.--Number of cases closed (1979)

Total Penalty Cases closed Warning
State closed imposed without prejudice* issued

TOTAL U.S. 203 18 133 52

Alabama 2 - 1 1
Alaska - - - .
Arizona
Arkansas
California

i
PR wont
1

Colorado
Connecticut
Delaware
Florida
Georgia

Tee wont
N
Pet Ree

B

bo
1
B

Bo

Hawaii
Idaho
Illinois
Indiana
Iowa

B
Rar
rPeRITt

w
°
'
w
©

Kansas 11
Kentucky
Louisiana
Maine

Maryland

NIT

pad
PNET
ere

Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada

New Hampshire
New Jersey

B

be
1P1ORRP BURR! worn
1
PRP uP

1
wwHH! @1 wn

New Mexico

New York
North Carolina
North Dakota
Ohio

td
brent
Prone

Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas

Utah

Vermont

brent
PRON
'

Rid
1epe!
RIed

Virginia
Washington
West Virginia
Wisconsin
Wyoming

Lote BPROPRIRNUN
'

pRoiRt
PowIrne
pyre

Puerto Rico - - -
District of Columbia - - -

*Includes cases for which further action is not warranted.

460.5. GOVERNMENT PRINTING OFFICE + 1980 0-3100945/APHIS-103


APPENDIX

Table 1.--Number of active licensees and registrants FY 79

Intermediate Animal Exhibitors Registered
State Handlers and Licensed Research
Carriers Dealers Licensed Registered Facilities
TOTAL U.S. 139 3,982 978 239 1,051
Alabama i) 25 3 0 7
Alaska 1 0 2 3 1
Arizona 0 19 7 Lt) 8
Arkansas 0 87 8 1 2
California v7 82 119 1 126
Colorado 11 23 6 10 24
Connecticut 1 9 19 te) 14
Delaware 0 5 1 0 6
Florida 18 99 144 4 36
Georgia 3 12 15 5 6
Hawaii 10 0 9 0 55
Idaho 2 ll 5 0 4
Illinois 1 132 35 3 57
Indiana 0 66 37 3 20
Iowa 1 498 6 8 10
Kansas 1 939 12 9 14
Kentucky oO 8 1 4 4
Louisiana 1 8 6 2 13
Maine 3 20 il ti) 12
Maryland 4 13 8 2 25
Massachusetts 1 33 28 1 58
Michigan 1 42 8 52 46
Minnesota 3 119 25 24 15
Mississippi 1 23 6 1 2
Missouri 1 548 14 8 25
Montana 0 5 3 1 2
Nebraska 0 153 5 2 9
Nevada to) 2 15 ) 1
New Hampshire 0 14 10 0 3
New Jersey 2 39 28 0 56
New Mexico 4 6 4 1 6
New York 10 57 46 2 111
North Carolina 5 34 26 5 18
North Dakota 1 10 5 te) 3
Ohio 0) 101 32 16 64
Oklahoma 1 190 10 1 10
Oregon t) 82 18 i) 14
Pennsylvania 5 96 67 0 75
Rhode Island ) 5 6 0 10
South Carolina 4 20 7 4 4
South Dakota 0 47 5 0 2
Tennessee 1 13 10 r) 10
Texas 8 117 35 21 33
Utah 3 6 7 0 8
Vermont 1 15 2 r) 5
Virginia 3 22 12 QO 11
Washington 7 26 13 1 16
West Virginia 0 5 3 4 4
Wisconsin 1 59 66 41 19
Wyoming 0 2 1 1 4
Puerto Rico 1 35 7 0 6
District of Columbia 1 0 () 0 i)


elMisws

TPARTURST OF AGMEULTONE

ye

Letters of warning

Some reports of alleged violations
are closed by letters of warning
citing a specific violation and
offering assistance to avoid further
violations. Warning letters
generally deter further violations,
but when they are not heeded, they
strengthen future prosecution.

In 1979, APHIS issued 52 letters of
warning (appendix, table 7).

—_—————_—-
Public Information

Public information to support APHIS
animal welfare activities is handled
by the APHIS Information Division.
Information materials generated on
animal welfare are distributed
through public media. Mailings are
made to target audiences, such as
humane societies, publishers of

Dealing in Animals?
They

trade magazines, and other

national, regional, State, and local
organizations that publish
information on animal welfare.

Regional information offices of USDA
distribute information of local
interest to newspapers and other
local media. In addition, staff and
field officials and information
officers cooperate in bringing talks,
exhibits, and information materials
to conventions and exhibitions
sponsored by industry and humane
organizations.

Press Releases and Publications

Press releases issued on animal
welfare are used to report charges
filed against violators and the
outcome of resulting prosecutions.

APHIS finds that when it publicizes


Table 5.--Animals to which pain relieving drugs were administered to avoid pain or distress (FY 1979)

Number of Number of animals
State reporting Guinea Wild
facilities Total Dogs | Cats Primates | Pigs Hamsters Animals

JTAL U.S. 682 504,790 146,654 45,813 20,362 81,563 87,244 116,202 6,952
Alabama 5 15,801 3,895 1,083 133 526 8,650 1,514 -
Akaska 1 5 - - 7 - > = 5
Arizona 7 2,853 955 345 30 496 472 552 3
Arkansas 1 1,483 546 132 21 343 66 366 9
California 52 39,937 9,713 3,080 1,556 7,239 2,751 15,242 356
Colorado 13 5,665 2,403 600 - 773 140 1,668 81
Connecticut 6 8,235 632 603 118 2,523 2,451 1,903 5
Delaware 3 377 134 - 3 O ie) 40 200
Florida 18 7,305 2,142 1,407 55 883 903 1,706 209
Georgia 3 6,984 1,288 451 160 563 1,282 3,202 38
Hawaii 3 97 4 - 52 13 - 28 -
Idaho 2 25 6 19 - - - - -
Illinois 31 23,540 10,582 1,309 946 1,869 3,874 4,387 573
Indiana 9 13,312 3,809 1,497 85 3,999 702 3,164 56
Iowa 7 4,667 2,086 799 25 211 300 761 485
Kansas 7 22,551 1,145 92 5 2,250 16,108 2,917 34
Kentucky 3 5,395 1,460 349 35 415 2,512 615 9
Louisiana 6 5,930 2,725 1,366 595 763 107 374 -
Maine 7 134 - - - 3 8 123 -
Maryland 13 14,226 4,171 1,413 894 2,350 4,177 1,221 -
Massachusetts 29 14,286 4,428 1,090 494 667 3,640 3,644 323
Michigan 25 12,010 4,902 992 506 1,743 1,979 1,782 106
Minnesota 11 11,723 6,117 1,661 122 1,170 85 2,298 270

‘ssissippi 1 133 42 - - 56 - 23 12

-ssouri 19 30,226 6,539 2,123 348 5,449 3,315 12,400 52
Montana 1 15 - 15 - - - - -
Nebraska 5 3,885 730 152 77 57 1,574 1,295 -
Nevada 1 33 - 9 - - - 24 -
New Hampshire 2 664 72 277 - 9 270 36 -
New Jersey 28 25,009 4,664 1,886 277 10,368 4,740 2,866 208
New Mexico 2 1,723 342 46 27 791 330 144 43
New York 61 42,190 10,552 5,607 2,349 8,485 5,463 9,281 453
North Carolina 10 13,858 3,903 1,543 227 2,178 3,149 2,468 390
North Dakota 2 614 93 12 6 72 - 416 15
Ohio 41 15,619 6,336 1,085 309 2,490 886 4,289 224
Oklahoma 6 2,932 1,026 487 48 392 133 716 130
Oregon 8 4,707 608 268 1,188 622 324 1,152 545
Pennsylvania 41 23,353 6,383 3,470 847 3,778 4,325 4,448 102
Rhode Island 4 1,325 507 326 19 26 362 19 -
South Carolina 4 5,630 1,756 180 52 180 2,504 844 114
South Dakota 2 751 162 45 - 50 330 164 -
Tennessee 8 7,983 4,077 379 25 1,218 92 2,045 147
Texas 21 32,472 16,451 3,126 3,533 1,042 2,502 5,680 138
Utah 6 2,598 1,115 647 2 125 - 2 73
Vermont 2 171 - - - - 53 118 -
Virginia 10 11,376 2,257 1,302 1,291 2,753 595 2,409 769
Washington 7 3,117 788 33 646 85 812 741 12
West Virginia 3 324 160 4 - 160 - - -

‘sconsin 11 5,570 1,263 282 150 1,754 600 1,467 54

oming 3 440 25 30 - 55 279 19 32
ruerto Rico 2 208 30 15 - 50 - 113 -
District of

Columbia 3 2,083 861 772 20 31 24 364 1
Federal

Agencies 106 49,240 12,769 3,404 3,086 10,279 4,375 14,661 666


Y Beoana Animal Welfare
pe Enforcement
a FY 1979
Report of the Secretary of Agriculture

to the President of the Senate and the
Speaker of the House of Representatives

Issued
March 1980


Table 3.--"Other" animals used in experimentation (FY 1979)
(A tabulation of animals listed as "other" in Table 2)

State Guinea pigs Hamsters Rabbits Wild animals
TOTAL U.S. 457,134 419,504 539,594 76,247
Alabama 990 9,468 3,020 4
Alaska 40 - - 311
Arizona 1,903 1,210 2,140 297
Arkansas 366 66 657 17
California 34,526 40,143 63,994 6,745
Colorado 5,968 3,356 5,971 436
Connecticut 5,993 4,711 6,450 132
Delaware 7,673 - 1,286 200
Florida 4,706 1,742 11,004 3,494
Georgia 862 23,303 4,639 825
Hawaii 413 300 330 60
Idaho 164 - 163 161
Illinois 228,741 19,154 42,451 4,109
Indiana 20,443 2,575 9,749 1,008
Towa 4,460 16,579 5,493 1,044
Kansas 16,514 31,924 6,566 1,907
Kentucky 775 4,573 868 39
Louisiana 1,427 590 1,655 549
Maine 53 70 5,340 25
Maryland 11,016 9,328 5,384 32
Massachusetts 11,697 24,238 21,600 2,978
Michigan 28,088 16,727 16,825 509
Minnesota 3,821 816 7,452 2,341
Mississippi 356 443 315 47
Missouri 12,012 12,590 27,482 1,811
Montana 170 79 357 122
Nebraska 1,484 20,763 1,903 307
Nevada 292 108 112 84
New Hampshire 98 1,745 341 14
New Jersey 57,265 40,886 97,711 11,784
New Mexico 1,086 1,344 768 787
New York 55,465 22,717 37,196 3,533
North Carolina 8,528 5,869 6,072 2,514
North Dakota 92 50 625 94
Ohio 16,191 5,629 14,124 1,825
Oklahoma 406 173 917 181
Oregon 1,533 1,117 1,861 4,105
Pennsylvania 27,820 24,188 30,250 1,845
Rhode Island 86 362 262 79
South Carolina 632 2,781 932 174
South Dakota 132 660 335 12
Tennessee 7,316 13,501 7,614 287
Texas 9,753 14,257 23,301 2,474
Utah 564 46 3,821 367
Vermont 225 300 1,738 229
Virginia 3,094 1,441 9,054 3,318
Washington 11,752 2,028 5,836 194
West Virginia 2,895 849 893 55
Wisconsin 5,845 8,757 9,691 8,351
Wyoming 131 317 35 75
Puerto Rico 300 - 273 -
Dist. of Columbia 547 418 533 149
Fed. Agencies 40,425 25,213 32,205 4,137


The reports cover the care,
treatment, and use of laboratory
animals, including appropriate use
of anesthetic, analgesic, and
tranquilizing drugs. The reporting
requirement is not meant to
interfere with research in any way.
Its purpose is to assure that
research and experimentation deemed
necessary by the institution is done
with proper attention to the care
and treatment of laboratory animals
(appendix, tables 2, 3, 4, and 5).

During 1979, the form on which
research facilities report the use
of regulated animals was changed.
The new format is intended to remind
those completing the form that

appropriate pain relief must be
provided not only during actual
research, testing, and -
experimentation but also during the
period that follows, when animals are
recovering from the research
procedures.

The report on pain relief, as well as
the overall records of animal care at
research facilities, is monitored by
APHIS field inspectors who conduct
recurring compliance inspections.

The standards on veterinary care
require that each animal must be
inspected daily for signs of ill
health. Sick animals must receive
prompt, professional care--whether or
not drugs are given.

5


wild animals, and animal brokers.
Retail pet stores need not be
licensed unless they sell wild
animals. Also exempted from
licensing are persons who derive no
more than $500 in gross income per
year from animal sales and do not
sell dogs, cats, or wild animals;
and persons who breed and raise dogs
on their own premises and derive
less than a substantial part of
their income from sales to wholesale
buyers or research facilities.

At the end of 1979, there were 3,982
active licensed dealers, of which
622 were newly licensed (appendix,
table 1). During the fiscal year,
868 dealers surrendered their
licenses. Another 79 licensees

were considered inactive because
they had not renewed their licenses,
and APHIS had not yet cancelled them.

weness22 |

Carriers and Intermediate Handlers

Regulated carriers are enterprises
engaged in the business of
transporting animals for hire. In
practice,almost all carriers are
airlines, although railroads, motor
carriers, and shipping lines also can
qualify.

Intermediate handlers are enterprises
taking custody of animals in
connection with their transportation
in commerce. In practice, most are
kennels that offer airport pickup and
delivery service for pets. Dealers,
research facilities, and exhibitors
may function as carriers and
intermediate handlers, but need not
have a separate registration.
Departments, agencies, or
instrumentalities of Federal, State,
or local governments can also

be “intermediate handlers.”

BEER ERE ER ES


Legislation and Registration

The Animal Welfare Act is composed
of a law enacted in 1966 (PL 89-544),
and amended in 1970 (PL 91-579) and
again in 1976 (PL 94-279).
Administration and enforcement of

the Act is ass.gned to the U.S.
Department of Agriculture (USDA),
which issues regu’ations and stand-
ards needed to effectuate the
purposes of the Act.

Animals that come under the Act and
its regulations include hamsters,
guinea pigs, rabbits, dogs, cats,
monkeys, and other nonhuman primates
and most other warmblooded animals.
Animals not included under the Act
or regulations are rats, mice, birds,
farm animals, and all coldblooded
animals such as reptiles and fish.

Marine or aquatic mammals originally
were exempted by regulation because
available information was not
sufficient to support a sound and
enforceable scheme of regulation.
Over the years, USDA, in cooperation
with the Marine Mammal Commission
and other private and governmental
agencies, developed appropriate

regulations and standards, and USDA
published a proposal in the Federal
Register of August 18, 1977, to bring‘
marine mammals under regulation.

Varying comments to the proposal
were received, necessitating a
revised proposal, which was
published September 19, 1978. Once
again, a number of important issues
were raised which required extensive
work. Final rulemaking was published
in the June 22, 1979, Federal
Register and marine mammals are now
fully included under the Act and
regulations.

Enforcement Officials

Enforcement activities by USDA are
carried out by Veterinary Services of
the Animal and Plant Health
Inspection Service (APHIS).
Nationwide, there are five operating
regions, with area offices in most
State capitals. They can be found
under "U.S. Government" listings in
the telephone book.

Field Force

The field force consists of
veterinary medical officers,
compliance officers, animal health
technicians, and animal health
aides. Most of them do not devote
all their time to animal care
assignments. In 1979, however, 11
specially trained field veteri-
narians and 18 compliance officers
were assigned exclusively to animal
care enforcement. In addition, a
large number of animal health aides
were hired to work exclusively on
animal welfare inspections,
particularly at dealer facilities and
airports. Because they were able to

This report is prepared annually by
the Secretary, as required by Section
25 of the Animal Welfare Act, as
amended.