Winter 2003

Happy New Year. My first year as Deputy

Administrator with the Animal Care (AC) program has

been both interesting and exciting. I have come to

know not only the issues but the people involved with

them. If there is one issue that people are passionate about, it is animal welfare. I hear from members

of the public, interest groups, industry, and academia

on a daily basis. I receive letters from people of all

age groups and all walks of life from all over the

world. These letters all express concern over animals and the Animal Welfare Act (AWA), the law that

protects them.

Over the course of last year, the U.S. Department

of Agriculture's (USDA) Animal and Plant Health

Inspection Service (APHIS) brought on a number of

new inspectors to reach an all time high of 99. These

new inspectors, like the people who write in, want to

ensure that the animals we regulate receive the proper protection under the law. Included in this report is

some basic information on our new inspectors. In

addition, we have some veteran employees that have

gone above and beyond the call of duty to help out

some animals even though, in this instance, they

were outside of our jurisdiction. You can read one

veterinary officer’s firsthand account of a defunct zoo,

some missing animals, and a grateful owner.

There are a number of new and proposed regulations working their way through the system as well as

changes made to the AWA through the new Farm

Bill. Also in the last year, the court system has

upheld the original definition of pet store and the

exclusions it provides.

This last year has been full of movement as we

continue to grow, change, and enforce the AWA and

its regulations. I am looking forward to another year

at AC’s helm and to working with everyone to ensure

that the program continues to provide protection for

America's animals.

Sincerely,

Chester A. Gipson

Deputy Administrator for Animal Care

The Case of the Missing Meerkats: A

Veterinary Medical Officer's First Hand

Account

Last summer, I was contacted by the Santa

Barbara Zoo concerning the whereabouts of five

slender-tailed meerkats that they had loaned to a

roadside zoo in Texas. It turns out, the roadside zoo

in Texas had gone out of business and attempts by

the Santa Barbara Zoo to contact the zoo's owner

had not been successful. There were rumors that the

meerkats had been stolen but the owner of the former roadside zoo would provide no information. In

addition, the roadside zoo was no longer licensed

and out from under our regulatory authority.

A local newspaper quickly picked up the story,

and it suddenly seemed as though everyone in the

area knew about the mystery of the missing

meerkats. There was a rumor that they may have

been eaten by an alligator or even, believe it or not,

hungry Texans! No one knew where these animals

were, but everyone had a theory. Locals weren't the

only ones interested, however. There were at least

eight front–page stories about the missing meerkats

in Santa Barbara area papers.

In the course of my normal duties, I was talking

with Charlie Currer, an animal care inspector who

also works in Texas, and asked him to check for the

meerkats at a facility he was about to inspect. I knew

that this particular facility owner had purchased animals previously from the roadside zoo in Texas.

Charlie called me back a few hours later and reported that the owner had indeed been contacted by

someone trying to sell some meerkats. The seller,

while not the roadside zoo, was another individual in

my inspection area. I immediately called and asked

them about the meerkats for sale. It turns out that

they had purchased them from the now defunct roadside zoo. Once I explained the situation, they were

anxious to return the animals to their rightful owner

and, that same afternoon, dropped them off at the

San Antonio Zoo to ensure they received proper care

prior to their return to California.

The Santa Barbara Zoo and community were

very excited to hear that the meerkats had been

found safe and sound and would be coming back to

California. Case closed.

—Dr. Elizabeth Pannill, animal care inspector,

Texas

APHIS’ Animal Care Report

United States Department of Agriculture • Animal and Plant Health Inspection Service
2002 Canine Care Workshops a Big Hit

In an effort to educate pet dog breeders, AC and

State veterinary colleges sponsored 1-day canine

care workshops in Iowa, Kansas, Missouri, Oklahoma,

and Pennsylvania during 2002.

The workshop was designed to assist pet breeders with enhancing the health and well–being of their

dogs. Topics included canine reproduction, nutrition,

and common kennel issues. Officials from AC presented information on the national program, kennel

design, and adequate veterinary care under USDA

regulations.

"This is one of the most worthwhile projects I

have ever participated in," said Ed Slauter, AC's veterinary medical officer (VMO) for Missouri. "I’ve been

with AC for 12 and one–half years and the workshops

have proven to be an excellent way to inform the

breeders and ensure compliance with the Animal

Welfare Act."

Appeals Court Sides with USDA on

Definition of Retail Pet Stores

In a recent decision, the U.S. Court of Appeals for

the District of Columbia ruled that people who sell

non–exotic animals directly to the consumer do not

fall under the jurisdiction of the USDA and do not

need to be licensed. This decision is in line with 

current Federal standards that exempt breeders who

have less than three breeding female dogs and cats

as well as breeders who sell directly to the public.

This decision reversed a lower-court ruling that

found animal breeders in private homes should be

subject to USDA regulations. The court action regarding the issue of exempt breeders came as a result of

a lawsuit brought by the Doris Day Animal League as

well as other animal rights organizations.

New Faces in the Field

Over the last year, AC has hired a number of new

inspectors. These new hires have brought the number

of field inspectors to an all time high of 99.

Carrie Bongard is a graduate of Macomb

Community College with an associates degree in

applied science. She is a licensed veterinary technician and worked in a small animal practice for 11

years prior to joining AC. She is responsible for most

of Michigan's lower peninsula and four counties in the

Detroit area.

Paula Gladue went to the University of

Connecticut where she received a bachelor of science

in pathobiology and later graduated from the

University of Pennsylvania School of Veterinary

Medicine. She practiced small animal medicine and

surgery for 20 years prior to joining AC. Gladue is the

veterinary medical officer for Connecticut, Rhode

Island, and part of Massachusetts.

Susan Kingston received her doctorate in veterinary medicine from the University of Illinois at

Urbana-Champaign (UIUC) and practiced small animal medicine for several years in central Illinois. She

then returned to teach at UIUC and finished a master's degree in toxicology. Prior to joining AC,

Kingston served as head of Biological Safety at UIUC.

She is the veterinary medical officer in the State of

Illinois.

Mario Rodriguez received his bachelor of science

in animal science from the University of Puerto Rico

in Mayagüez, PR, as well as a master's in animal

reproductive physiology and embryo transfer. He later

earned his doctorate in veterinary medicine from

Louisiana State University. Rodriquez has worked as

an equine practitioner and theriogenologist and as a

small animal clinician since veterinary school.

Rodriguez is the veterinary medical officer in Puerto

Rico.

Melissa Swanda earned a bachelor of science in

biology with a zoology minor from South Dakota State

University. Prior to joining AC, she worked as a

zookeeper at two zoos, one in South Dakota and the

other in Kansas. She also worked for the South

Dakota Game, Fish, and Parks in the Fisheries

Department. She is an animal care inspector in

Minnesota.

John Rubin is a graduate of Hofstra University

and the University of Pennsylvania School of

Veterinary Medicine. He served in the U.S. Army

Veterinary Corps as a veterinary laboratory animal

officer at Edgewood Arsenal, MD. Since leaving the

military, Rubin has practiced as a small animal practitioner and has worked in several veterinary roles at

the University of Pennsylvania. He is the veterinary

medical officer in the State of Pennsylvania.

Amy Bartholomew is a graduate of the Ohio State

University College of Veterinary Medicine. After completing a 1-year internship in large animal medicine

and surgery at University of Georgia, she came to

work for APHIS. Prior to joining AC, Bartholomew

served as a temporary veterinary inspector for APHIS'

Veterinary Services during the 2001 foot–and–mouth

disease outbreak in the United Kingdom. She is the

veterinary medical officer in the State of Georgia.

Farm Bill Changes AWA Regulations on

Animal Fighting

The Farm Bill, signed into law on May 13, 2002,

included provisions amending sections of the AWA

dealing with animal fighting.

As of May 13, 2003, it will no longer be legal to

knowingly sell, buy, transport, deliver, or receive a bird

in interstate commerce for purposes of participation in

a fighting venture, regardless of the law in the destination State. Prior to the Farm Bill, the AWA had prohibited such interstate commerce of fighting dogs and
other animals, but allowed an exception for birds destined to fight in a State that allows cockfighting.

In States where cockfighting is allowed, it will be

illegal to sponsor or exhibit a bird in a fighting venture

if the person knew that any bird was bought, sold,

delivered, transported, or received in interstate or foreign commerce for participation in the fighting venture. In States where cockfighting is not allowed,

sponsoring or exhibiting a bird in a fighting venture

has been, and will continue to be, illegal under

Federal law if any bird in the venture was moved in

interstate or foreign commerce.

Sponsoring or exhibiting a dog or other animal in

a fighting venture will also continue to be illegal under

the AWA if any animal in the venture was moved in

interstate or foreign commerce.

Persons who violate the animal fighting section of

the AWA will be subject to a fine of up to $15,000

and/or imprisonment for up to 1 year. Prior law provided for the same potential jail time, but a maximum

fine of only $5,000.

Regulatory Update

The items listed below are either (1) under consideration and not yet published in the Federal

Register, (2) were published in the Federal Register

and open for comment, or (3) were previously open

for comment and are new under review by the

Department.

Advanced Notice of Proposed Rules

• Marine Mammals; Nonconsensus Language 

and Interactive Programs (reviewing comments)

Notices

• Final Policy Statement on Training and Handling 

of Potentially Dangerous Animals (under review)

• Transportation of Animals on International 

Carriers (review)

• Public Meeting: Big Cat Symposia (published)

Proposed Rules

• Identification of Unweaned Puppies and Kittens 

(drafting)

• Submission of Itinerary by Traveling Exhibitor and 

Prairie Dog Suppliers (drafting)

• Veterinary Medical Records (under review)

• Establish Minimum Age Requirements for the 

Transport of Exotic and Wild Animals (drafting)

• Amend Regulations to Require Regular 

Tuberculosis Testing in Elephants (drafting)

• Removal of the Acclimation Certificate 

Requirement (pending)

• Horse Protection (under review)

• Amend Definition of Exhibitor (on hold)

Final Rule

• Revisions to Licensing Requirements (drafting)

• Regulate only Wholesale Dealers of Hunting, 

Breeding and Security Dogs (under review)

• Amend the Definition of Animal (drafting)

The U.S. Department of Agriculture (USDA) prohibits discrimination

in all its programs and activities on the basis of race, color, national

origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited bases apply to

all programs.) Persons with disabilities who require alternative

means for communication of program information (Braille, large

print, audiotape, etc.) should contact USDA’s TARGET Center at

(202) 720–2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of

Civil Rights, Room 326–W, Whitten Building, 1400 Independence

Avenue, SW, Washington, DC 20250–9410 or call (202) 720–5964

(voice and TDD). USDA is an equal opportunity provider and

employer.

United States Department of Agriculture • Animal and Plant Health Inspection Service • Safeguarding American Agriculture

USDA–APHIS–Animal Care

Headquarters Office

Chester A. Gipson

4700 River Road, Unit 84

Riverdale, MD 20737–1234

Phone: (301) 734–7833

Fax: (301) 734–4978

Eastern Region

Elizabeth Goldentyer, D.V.M.

920 Main Campus Drive, Suite 200

Unit 3040

Raleigh, NC 27606–5210

Phone: (919) 716–5532

Fax: (919) 716–5696

Western Region

Robert Gibbens, D.V.M.

2150 Centre Avenue

Building B, Mailstop 3W11

Fort Collins, CO 80526

Phone: (970) 494–7478

Fax: (970) 472–9558

World Wide Web Home Page

www.aphis.usda.gov/ac

E-mail Address

ace@aphis.usda.gov