(Appendix, Table 5). This figure,
coupled with prelicensing inspec~
tions, gives an average rate of 2.6
inspections per licensee or
registrant, exclusive of inspections
at airports and intermediate
handlers.

7. Reviews (Searches)

In FY 1983, APHIS conducted 361
reviews of individuals in business
subject to regulation under the
Animal Welfare Act to determine
whether they should be licensed or
registered (Appendix, Table 5).

Apparent Violations

Of APHIS's 846 investigations of
apparent violations (Appendix, Table
5), 196 were considered for legal
action. Of these, 134 were caused by
117 repeat violators.

A breakdown of the violations
indicate that 28 percent involved
technical infractions, 17 percent
involved dealers and exhibitors who
were operating without a license or
registration, and 55 percent involved
violations of the standards for care
and treatment of animals.

The following tabulation shows the
number and percentage of dealers,
carriers, intermediate handlers,
exhibitors and research facilities
involved in 196 violations:

Type Number Percent
Dealers 96 49
Carriers only 20 10
Carriers and dealers 3 1.5
Carriers and intermediate

handlers 1 35
Carriers & exhibitors 1 5
Research facilities 54 27.5
Exhibitors _21 Jil
TOTAL 196 100

1. Summary Actions

To correct violations when the health
of regulated animals is threatened

APHIS may take immediate action such
as animal confiscation or summary
license suspension for up to 21
days. In FY 1983, one licensed
dealer received the maximum summary
suspension.

2. Legal Action

Animal welfare violations are normal-
ly prosecuted through administrative
proceedings adjudicated by administra-
tive law judges. During FY 1983, 70
cases were recommended for prosecu-
tion. Fifty cases, most from

previous years, were resolved through
administrative procedures involving
monetary penalties, license
suspensions or revocations, cease~and-
desist orders, or a combination of
these (Appendix, Table 6).

Fines totaled $26,900 and ranged
from $100 to $6,000. Two violators
had their licenses suspended from 14
to 60 days. Cease-and-desist orders
were imposed in 23 cases, and
wherever applicable, APHIS insisted
that carriers agree to train
employees on proper handling and
care of animals.

3. Letters of Warning

Letters of warning are used to re-
solve the majority of first-time
violations. The recipient is given a
deadline for correcting specific
deficiencies named in the letter. If
the recipient is involved in further
violations, the earlier violation can
be included in the “history of
violation” for future prosecutions.

In FY 1983, APHIS closed 126 cases
with letters of warning, stating that
the persons. involved must improve
their handling of animals or face
prosecution (Appendix, Table 6).

Also, 16 notices were issued to air-
lines informing them of instances in
which airline personnel handled
animals improperly. These minor
violations, which generally are
cumulative, remain as open cases for


Table 5.—Number of inspections, fiscal year 1983
T T

T ‘Apparent.
State | Complaints Prelicensing | Compliance Searches violations
| i] investigated

U.S. Total 834 1,049 15,014 361 846
Alabama 1 3 66 0 1
Alaska 6 0 9 0 1
Arizona 24 9 506 1 15
Arkansas 1 16 120 1 i}
California 13 5h 624 0 6
Colorado 13 7 160 21 0
Connecticut ll 6 73 3 0
Delaware 0 2 7 0 0
Florida 6 40 267 1 ll
Georgia oO 13 255 6 3
Hawaii 1 2 156 1 0
Idaho O 1 40 3 1
Illinois 22 16 365 15 25
Indiana 5 16 339 0 9
Towa 88 64 1,073 0 104
Kansas 26 134 1,975 46 v7
Kentucky 14 2 57 16 0
Louisiana 0 8 110 oO 9
Maine 10 2 75 0 0
Maryland ll 9 160 1 4s
Massachusetts 4l 1 265 4 63
Michigan 9 14 293 3 10
Minnesota 10 26 631 2 68
Mississippi 5 1 47 0 5
Missouri 98 140 879 0 192
Montana 3 2 ? oO 3
Nebraska 20 70 602 84 12
Nevada 2 5 50 7 2
New Hampshire 6 5 AT 1 0
New Jersey 29 1 257 1 35
New Mexico 3 0 64 0 2
New York 20 9 557 10 A3
North Carolina 12 32 144 0 16
North Dakota 0 5 85 12 oO
Ohio 29 37 566 oO 37
Oklahoma 12 42 412 0 1
Oregon 40 28 231 13 31
Pennsylvania 65 30 651 1 42
Rhode Island 5 0 54 1 oO
South Carolina O 5 93 4 2
South Dakota 12 21 199 26 °
Tennessee 1 8 133 49 7
Texas 14 63 1,256 O 8
Utah 3 ll 67 10 0
Vermont 3 1 54 0 0
Virginia 3 10 152 0 9
Washington 1 9 93 4 3
West Virginia 8 8 55 2 1
Wisconsin 24 20 377 ° 29
Wyoming 4 3 wu 12 5
Puerto Rico 0 21 178 0 3
District of

Columbia ° 0 0 ° C)
Virgin Islands 0 0 to) 0 °

13


year. The intent of the report is to
assure that research and experimenta—
tion deemed necessary by the institu-
tion is done with proper care and
treatment of laboratory animals.

The report must verify that the
attending veterinarian or animal care
committee has approved the types and
amounts of anesthetic, analgesic, or
tranquilizing drug used. If pain
relief is not provided the report
must show use of the drugs would have
interfered with the intended purpose
of the research, tests, or
experiments. Researchers are also
required to provide an explanation
describing in detail the human and
animal benefits received from these
experiments.

In 1983, APHIS received reports from
1,166 institutions, including

1,005 registered facilities and 88
Federal research facilities
(Appendix, Table 2). Negative
reports were filed by 73 research
facilities. These reports are not
included in the total, so Table 2
includes only institutions reporting
the use of regulated laboratory
animals.

Research facilities reported that 61
percent of the 1,680,242 federally
protected animals used in research or
experimentation were not exposed to
painful or distressing procedures
(Appendix, Tables 3 and 4). Another
31 percent: of the animals received
pain relief through drugs. Because
drugs would have interfered with the
testing, 8 percent received no drugs.

APHIS continued efforts this year to
reduce the number of research
facilities that do not file a timely
annual report. Area offices reminded
esearch facilities of the reporting
requirement and helped them correct
errors and incomplete data. APHIS
also investigated the reasons for
absent, late, and incomplete reports
and filed cases against three
registrants who did not file 1982

reports.

Inspections and Investigations

Central to enforcement of the Animal
Welfare Act are various inspections ,
and investigations by APHIS to ensure
that Federal laws, regulations, and
standards are followed.

Inspections of all kinds conducted by
APHIS in FY 1983 totaled 18,802.
Inspectors concentrated on improving
the quality of inspections and placed
emphasis on checking borderline
facilities and facilities with
chronic deficiencies.

1. Inspections of Animals in Transit

Airport inspections concentrated at
airports with large volumes of animal
traffic, permit APHIS to assess
compliance by carriers and shippers.
Carriers must have facilities and
personnel adequate to handle animals.
They also must comply with Federal
shipping requirements and refuse to
accept shipments of live animals in
substandard containers.

To ensure compliance by licensed and
registered shippers, inspectors
examine the health and condition of
animals as they pass through the
airport facilities. Inspectors moni-
tor size and construction of the
container, temperature and ventila-
tion of the container, feeding and
watering of the animals, the length
of time animals spend in transit, and
health care for animals in transit.

APHIS has received help from humane
associations, shippers, and others

in enforcing transportation
standards. Also, a strong working
relationship has been developed with
the Civil Aeronautics Board (CAB),
which forwards relevant complaints to
APHIS.

During the year 2,500 airport
inspections and 239 inspections of
intermediate handlers were made.
Seven charges against airlines,
alleging violation of the act, were
resolved.


APPENDIX

Table 1.--Number of active licensees and registrants, fiscal year 1983
T intermediate | T ‘Animal exhibitors T Registered
State | handlers | Licensed i | research
| carriers |_ dealers T Licensed Registered | facilities

U.S. Total 346 3,490 1,266 101 1,166
Alabama 1 12 6 0 12
Alaska 2 oO 5 1 1
Arizona 8 20 13 v) 9
Arkansas 1 91 14 0 3
California 32 114 165 1 147
Colorado 18 40 20 4 26
Connecticut 12 6 17 0 18
Delaware 0 1 1 0 6
Florida 37 115 193 4 39
Georgia 8 18 19 4 SB
Hawaii 12 2 ll C) 5
Idaho 4 7 9 0 4
Illinois 10 96 43 7 61
Indiana 2 80 30 0 19
Towa 0 351 ll 5 11
Kansas 4 620 7 4 7
Kentucky 4 7 2 3 6
Louisiana 1 8 16 0 a.
Maine 4 13 ll 1 12
Maryland 3 14 12 0 27
Massachusetts 9 34 32 2 73
Michigan 2 32 25 31 43
Minnesota 4 102 31 5 19
Mississippi 1 10 5 0 3
Missouri 12 500 22 3 24
Montana 0 4 4 1 3
Nebraska 1 150 10 0 9
Nevada 1 1 26 0 1
New Hampshire 0 9 14 0 5
New Jersey 1 29 29 0 62
New Mexico 7 2 6 0 9
New York 21 49 48 1 103
North Carolina 6 39 21 6 16
North Dakota 1 23 6 ° 3
Ohio 3 80 37 10 63
Oklahoma 2 206 14 0 ql
Oregon 10 93 13 ° 18
Pennsylvania 12 100 64 0 84
Rhode Island ° 2 6 0 9
South Carolina 9 14 16 ° 5
South Dakota co) 60 6 to) 2
Tennessee 3 7 15 0 1.
Texas 23 144 72 2 58
Utah 6 10 10 0 9
Vermont 1 12 1 ° 4
Virginia 10 22 16 1 20
Washington 10 19 20 1 21
West Virginia 1 6 3 1 5
Wisconsin 4 67 72 1 16
Wyoming ° 5 1 2 4
District of

Columbia 2 ° Cy) 0 °
Puerto Rico 3 34 6 0 8
Virgin Islands 8 0 0 0 0




‘
24, United States

oh eae Animal Welfare
rowland Enforcement

Piant Heaith

= . FY1983

Report of the Secretary of Agriculture
to the President of the Senate and_the
Speaker of the House of Representatives


<Table 3.--Animals experiencing pain or distress (drugs omitted because they would interfere with
‘the purpose of research or testing), fiscal year 1983

T Number of | Number of animals
State | reporting T T T T Tcuinea | T T wild
| fecilicies | Total | Dogs | Cats _| Primates | pigs |Hansters | Rabbits | animals

U.S. Total 165 139,411 2,387 152 546 67,246 - 30,630 35,695 2,755
Alabama i) 0 0 ° 0 0 0 0 0
Alaska 0 o 0 0 0 O 0 O 0
Arizona 1 84 0 0 0 0 ° 84 0
Arkansas 0 0 i) 0 0 oO O 0 0
California 9 8,785 0 0 0 5,677 O 2,559 549
Colorado 1 21 °O 0 21 i) 0 0 0
Connecticut 3 1,658 167 0 0 1,051 i) 440 oO
Delaware 1 252 0 0 8 0 i) 244 i)
Florida 2 37 oO iu 0 0 0 37 0
Georgia 0 0 0 0 O o °O 0 0
Hawaii O 0 0 O 0 0 oO 0 i)
Idaho O 0 0 0 O 0 0O ° 0
Illinois 9 14,680 735 4 8 11,520 258 2,155 0
Indiana 6 5,862 45 0 16 4,868 0 933 0
Towa 2 454 15 12 0 345 0 82 0
Kansas 2 12,177 oO 0 0 4,990 4,810 2,377 0
Kentucky 1 28 0 0 0 te) O 28 0
Louisiana 2 56 0 0 0 0 0 10 46
Maine 1 5 co) 0 0 0 0 5 0
Maryland 1 245 o 0 0 0 0 245 °
Massachusetts 6 139 0 0 70 23 0 46 O
Michigan 8 8,260 8 12 9 ,173 0 2,758 300
Minnesota 3 1,337 7 20 Oo 908 oO 354 48
Mississippi 1 97 ° 0 0 97 O oO °
Missouri 7 6,061 32 0 0 2,451 3,350 228 0
Montana oO O 0 ° oO O 0 te) co)
Nebraska 2 1,221 O 0 oO 136 995 0 90
Nevada 0 O 0 0 0 oO 0 0 0
New Hampshire 0 0 0 ie} O 0 oO oO i)
New Jersey 21 16,697 505 28 13 1,611 6,790 7,750 0
New Mexico 1 6 0 0 o 0 0 6 O
New York 12 13,559 98 3 25 12,488 0 985 0
North Carolina 4 12,703 48 12 18 4,825 7,780 20 O
North Dakota 0 0 o oO Oo. 0 Oo oO 0
Ohio 9 4,410 192 0 22 1,724 0 2,472 °
Oklahoma 1 18 0 O 0 o 0 18 0
Oregon 0 0 oO ° ° ° ° ° oO
Pennsylvania 13 8,446 71 8 ° 996 0 7,231 40
Rhode Island oO 0O i) 0 0 0 O o 0
South Carolina 1 30 0 0 0 oO O 30 0
South Dakota ° 0 oO oO ° 0 0 O 0
Tennessee 1 6,382 i) ° 0 1,235 5,147 0 0
Texas 4 1,160 9 0 68 70 0 1,013 0
Utah 2 920 ° oO 0 888 32 co) O
Vermont 1 70 0 0 te) O ° 70 0
Virginia 3 4,646 156 oO 4 7662 O 824 0
Washington 2 20 0 uo 16 4 i) 0 °
West Virginia 0 0 0 0 0 i) oO 0 0
Wisconsin 2 1,624 ° 0 °O 229 O 1,395 o
Wyoming 0 cu 0 oO Oo 0 0 0 0
Puerto Rico 1 10 te) i) i) oO 0 10 0
District of

Columbia 0 i te) 0 oO 0 0 te) oO
Virgin Islands 0 0 0 0 O 0 0 0 0

Federal
Agencies 19 7,251 199 53 248 2,315 1,468 1,286 1,682


REPORT OF 1983 ACTIVITIES

The Secretary of Agriculture annually
reports on enforcement and administra-
tion of the Animal Welfare Act (AWA)
(7 U.S.C. 2131, et seq-), as required
by section 25 of the act. The
present report covers Fiscal Year

(FY) 1983, which began October 1,
1982, and ended September 30, 1983.

Section 25 states: “This report as
well as any supporting documents,
data, or findings shall not be
released to any other persons, non-
Federal agencies, or organizations
unless and until it has been made
public by an appropriate committee of
the Senate or the House of Representa
tives.”

Summary
Compliance inspections to enforce the

AWA during FY 1983 were made at an
average rate of 2.6 times per year at

"6,023 licensed or registered

facilites.

Licensees and registrants were
counseled on how to correct deficien-
cies. Legal action was taken against
flagrant and chronic offenders.

Seventy new cases of apparent

- violation were forwarded for prose~

cution after thorough investigation.
Fifty cases were resolved through -
administrative procedures. This
resulted in monetary penalties,
license suspensions or revocations,
cease-and-desist orders, or a
combination of these. Another 126
minor violations were resolved
through letters of warning that
included a specific deadline for
compliance.

Reports were submitted by 863 active
registered research facilities and

88 Federal research facilities.

These reports show that 61 percent of
federally protected laboratory animals
were not exposed to painful or dis-

tressing procedures. Another 31 per-
cent received appropriate pain relief.
In 8 percent, pain relief was not
provided because it would have
interfered with test results.
Researchers were required to provide
an explanation describing in detail
the human and animal benefits

received from these experiments.

Legislation

Animal welfare legislation, as first
enacted in 1966 (Public Law 89-544),
regulated trade in dogs and cats

procured for laboratory research, as
well as dogs, cats, hamsters, guinea
pigs, rabbits, and nonhuman primates
held by certain research facilities.

Amendments in 1970 broadened coverage
to most other warmblooded animals,
including those used in research,
exhibitions, and the wholesale pet
trade. An amendment in 1976 (Public
Law 94-279) extended coverage
further, notably over live-animal
transportation.

Funding for animal welfare enforce-
ment for FY 1983 was $4.88 million.

Regulations

Administration and enforcement of the
AWA is assigned to the U.S.
Department of Agriculture (USDA).
The. act. directs USDA to develop reg-
ulations assuring humane care and
treatment of animals. These
regulations include minimum standards
for handling, housing, feeding,
watering, sanitation, ventilation,
shelter from extremes of weather and
temperature, separation of
incompatible animals, veterinary
care, and transportation.

Birds, laboratory rats and mice,
and domestic farm animals are
exempted by regulation.

Recommended changes in the marine
mammal standards were published in
the Federal Register on July 29,


laboratory animals, exhibition
animals (including marine mammals),
and humane handling and inspection.

During the year the staff conducted
an indepth review of inspection pro-
cedures for research facilities. The
teview was directed toward making
certain that inspection procedures
provided adequate assurance that
laboratory animals are receiving
appropriate care and treatment. As a
result, the staff revised its-
internal policy memoranda to provide
more specific and uniform
instructions for the veterinarians
who conduct field inspections.

The Interstate Inspection and
Compliance Staff supports compliance
activities by providing consultation
about investigations and reviewing
reports of alleged violations for
prosecution or other action. A staff
veterinarian and three compliance
specialists are assigned specifically
to animal care enforcement.

3. Training

APHIS designs and conducts training
courses for the field force on
effective enforcement of the AWA.
They are given on @ regional or
statewide basis by instructors drawn
from specialists inside and outside
APHIS.

During the year, courses were held in
California, Nebraska, Florida,
Pennsylvania, and New York. In
addition, staff and field personnel
participated in seminars and
presented topics at meetings
sponsored by industry and allied
organizations.

Licensing and Registration

Persons subject to the Animal Welfare
Act must be licensed or registered by
USDA. Lists of licensees and regis—
trants are furnished with this
report.

Dealers, operators of auction sales
selling dogs and cats, and most
exhibitors are required to be licensed
and pay an annual fee. Licenses
remain valid until termineted volun-
tarily by the licensee, revoked or
suspended by USDA, or canceled auto-
matically if not renewed when the
annual fee is due.

The fee is determined by two
graduated schedules, one for dealers
and another for exhibitors. Dealers
(including operators of auction
sales) pay between $5 and $500;
exhibitors, between $5 and $100.
Collections are deposited in the
U.S. Treasury as “miscellaneous
receipts.” During FY 1983,

$143,252 in fees was collected

from 4,756 license holders.

Research facilities, carriers, and
intermediate handlers are required to
register; certain exhibitors can
register rather than become licensed.
Registrations continue in effect ~
until facilities are disbanded or
merged with those of another
registrant. In FY 1983, there were
1,613 registrants who paid no fee.

1. Licensed Dealers

Licensed dealers include breeders,
wholesale pet dealers, operators of
auction sales, suppliers of labora-
tory animals, traders and importers
of wild animals, and animal brokers.
In FY 1983, there were 3,490 licensed
dealers, 552 of which were new
licensees (Appendix, Table 1).

Licenses for 580 dealers were surren—
dered to or canceled by APHIS. The
licenses of four dealers were sus—
pended through administrative pro-
cedures after APHIS inspectors

found serious violations.
2. Carriers and Intermediate Handlers
Most registered carriers are

airlines, although railroads, motor
carriers, and shipping lines also