APHIS’ Animal Care Report

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

Spring/Summer1999

I am pleased to announce the appointment of Dr.

Richard Watkins as our new Animal Care (AC)

Assistant Deputy Administrator. As strategic

initiatives coordinator for the past 2 years, Dr. Watkins

has been an integral part of our effort to improve

operations and a key member of our management

team. I look forward to working closely with him as

we face the many challenges and opportunities

presented to our program in the future.

This edition of the AC Report provides a brief

profile on Dr. Watkins. It also details two new

proposed rules on acclimation certificates and

confiscation of animals, as well as updates on our

other managerial, regulatory, and policy initiatives.

As always, this report aims to promote two-way

communication between our program in the U.S.

Department of Agriculture’s (USDA) Animal and Plant

Health Inspection Service (APHIS) and representatives of industry and interest groups like you. We

want to know if you find the report helpful, and we

welcome your comments. Call (301) 734–5175 or

e-mail us at ace@usda.gov to share your ideas.

W. Ron DeHaven

Deputy Administrator

Watkins Named Assistant Deputy

Administrator

On March 15, Dr. Richard Watkins took over as

AC’s Assistant Deputy Administrator. In this capacity,

he assists Dr. Ron DeHaven on a daily basis in

leading the program into the 21st Century.

Watkins was previously AC’s strategic initiatives

coordinator from June 1996 to March 1998 and

oversaw the development of many program

enhancements, including the risk-based inspection

system. Before coming to APHIS headquarters, he

was regional director for AC’s former Southeast

Region in Tampa, FL. He was also a supervisory

official in the former North Central Region in

Minneapolis, MN, and a field veterinary medical

officer in that State. Watkins joined AC in 1990. He

earned his D.V.M. from the University of Minnesota.

AC Considers Guidelines for

Nonagricultural Use of Farm Animals

On March 2, AC published a notice seeking

public comment on the possible adoption of two

industry guidelines for the care of farm animals used

in nonagricultural research and exhibition. The two

guidelines under consideration are the “Guide for the

Care and Use of Agricultural Animals in Research

and Teaching” published by the Federation of

American Societies of Food and Animal Science, and

the “Guide for the Care and Use of Laboratory

Animals” published by the Institute of Laboratory

Animal Research. The goals in adopting the

guidelines are to address the unique needs of farm

animals and assist regulated persons in better

meeting the Animal Welfare Act (AWA) standards and

regulations.

AC has, since 1990, considered developing

specific standards for farm animals under subpart F

of the AWA regulations. The adoption of these

guidelines would assist in meeting this objective. The

comment period on the notice closed on May 3, and

AC is currently reviewing the comments received to

determine how to proceed.

Comment Period on Rats, Mice, and Birds

Petition Closes

On May 28, AC closed the extended comment

period on its notice announcing receipt of a petition to

have USDA regulate rats, mice, and birds under the

AWA. AC estimates that, during the comment period,

more than 2,400 comments were submitted

electronically and more than 24,000 submitted in the

traditional manner. AC is currently reviewing the

comments to determine how to proceed. (Note: The

lawsuit regarding this issue that was filed by the

petitioners is still pending in Federal court.)

Comment Periods on Marine Mammal

Rule and Notice Close

On May 26, AC closed the comment period on

its proposed rule to amend the AWA regulations for

the humane handling, care, treatment, and

transportation of marine mammals (sometimes

referred to as the “consensus language”). AC is now

reviewing the handful of comments received during

the period and developing a final rule.

On June 1, AC closed the comment period on its

notice announcing the suspension of the AWA

regulations pertaining to swim-with-the-dolphin

interactive programs. The notice was published April

2 and suspended the regulations effective

immediately. Through the notice, AC acknowledged

that the language contained in the regulations may

have been confusing to some people and requested

input on how to revise the requirements to make

them more effective. AC is currently reviewing the

less than 20 comments received on this issue.
Animal Care Seeks Comments on

Nonhuman Primate Enrichment

Until September 13, AC will accept comments on

a draft policy clarifying Animal Welfare Act

environmental enhancement regulations to promote

the psychological well-being of captive, nonhuman

primates. The draft policy identifies and addresses

five elements that are critical to captive, nonhuman

primate environments: social grouping, social needs

of infants, structure and substrate, foraging

opportunities, and manipulanda. The draft policy was

published in the Federal Register on July 15 and can

be reviewed on the APHIS Website at

www.aphis.usda.gov/ppd/rad/webrepor.html under

Docket No. 98–121–1.

New Policy Covers the Capture of Prairie

Dogs

Effective July 1, AC began enforcing a new

policy regarding the capture of prairie dogs. This

policy will require that any capture method for these

animals be used as expeditiously and carefully as

possible and in a manner that does not cause

trauma, overheating, excessive cooling, behavioral

stress, physical harm, or unnecessary discomfort.

The policy notes that all capture methods involve

some degree of behavioral stress and discomfort, but

also states that certain methods clearly cause an

undue amount of strain. These stress-inducing

methods include vacuuming, flooding, and the use of

noxious gases.

Minor Revision to Policy on Research

Facility Annual Reports

AC has completed minor modifications to its

policy governing the submission of annual reports on

the use of animals in experimentation. The revision

updates the address of the official contact at the

United States Veterans Administration. It also

changes AC’s internal deadline for entering research

facility information into the program’s database. The

old deadline was December 30; the new deadline is

December 15. Neither of these changes affect the

reporting requirements of research facilities.

Research Facility Reports on APHIS

Website

In the fall of 1998, APHIS began posting

research facility annual reports to its Website,

beginning with the reports for fiscal years (FY) 1996

and 1997. This action complied with a Congressional

mandate to make Federal Government documents

available electronically. The action was also part of

an ongoing APHIS and AC initiative to provide the

public with access to agency records via the World

Wide Web. In March 1997, APHIS began posting

summaries of facility inspection reports to its Website.

The program intends to make additional records

available online in the future.

APHIS is aware that there are concerns about

the posting of certain information to the Website,

such as researchers’ names and addresses, and is

working, where possible, to address this situation.

However, under the Freedom of Information Act,

APHIS may not arbitrarily remove information from

agency records.

APHIS may only redact information for privacy or

confidential business reasons. In reviewing the

statutes governing the release of public records,

APHIS concluded that the names and locations

associated with specific research projects generally

USDA–APHIS–Animal Care

Headquarters Office

W. Ron DeHaven, D.V.M.

4700 River Road, Unit 84

Riverdale, MD 20737–1234

Phone: (301) 734–4981

Fax: (301) 734–4328

Eastern Region

Elizabeth Goldentyer, D.V.M.

1001 Wade Avenue, Suite 300

Raleigh, NC 27605

Phone: (919) 856–4504

Fax: (919) 513–2349

Central Region

Walter Christensen, D.V.M.

P.O. Box 6258

Fort Worth Federal Center, Building 11

Fort Worth, TX 76115

Phone: (817) 885–6923

Fax: (817) 885–6917

Western Region

Robert Gibbens, D.V.M.

9580 Micron Avenue, Suite J

Sacramento, CA 95827

Phone: (916) 857–6205

Fax: (916) 857–6212

World Wide Web Home Page

www.aphis.usda.gov/ac

E-mail Address

ace@usda.gov
do not meet the requirements for exclusion.

Accordingly, if researcher-specific information is

included in the reports submitted by facilities, APHIS

will, in most cases, include it in the reports posted to

the Website.

Ultimately, the best way to ensure that

researcher-specific information is not posted to the

APHIS Website is to exclude that information from

facility annual reports. APHIS requires research

facilities to submit only the aggregate number of

animals used in experimentation, broken down by

species and established pain category. For animals

used in experiments involving pain and distress

where no drugs are used for relief, a written

explanation must also be included. However, none of

these records need to reference specific protocols,

locations of research sites, or names of researchers.

Facilities can simply not report this information, thus

ensuring that it will not be posted to the APHIS

Website.

For further guidance on preparing facility annual

reports, refer to AC policy number 17, “Annual

Reports for Research Facilities.” The policy is

available on the AC Website.

Survey Planned for Animal Protection

Organizations

AC is planning a survey of animal protection

organizations for this summer or fall. The survey is

the second part of AC’s efforts to assess customer

satisfaction with the program and the AWA

regulations. A comparable survey of regulated

parties was conducted in March 1997.

Through the survey, AC plans to query about

800 organizations at the local, State, and national

level. The program is currently working with a select

group of organizations to refine the survey

questionnaire and identify potential participants.

Training Sessions Held on Elephant Care

and Dealer Inspections

In April, AC held its last of three special training

courses for AC employees on elephant care and

handling. The final session took place in Orlando and

Tampa, FL, following successful sessions in Seattle,

WA, and San Diego, CA, in 1998. All of the courses

were taught by experts recognized in the field of

elephant care and handling, and covered such areas

as foot care and proper training techniques. About 45

members of AC’s field force—more than half of AC’s

inspectors—completed the courses.

AC also provided specialized training in April for

its field personnel who inspect dog dealers on what to

look for when examining dealer facilities. The goal of

the training is to ensure high quality, uniform

inspection procedures throughout the United States

so that all dealers will be required to provide the

same level of care to their animals.

Year 2000 (Y2K) Planning Efforts

Continue

AC is moving forward on its efforts to prepare the

program for Y2K. The program has received its new,

Y2K-compliant desktop and laptop computers and is

issuing them to field personnel. The program also

continues to move closer to completion on its new

database for AWA licensees and registrants and is

surveying key stakeholders, as needed.

These activities complement AC’s previous

efforts, which include surveying the manufacturers of

the program’s mission-critical equipment to assure

the equipment is Y2K compliant and developing a

contingency plan in case of unexpected complications.

AC is still on schedule to complete its Y2K planning

activities well in advance of January 1, 2000.

Proposed Change to AWA Transport

Regulations

On June 7, AC proposed amending the AWA

regulations pertaining to the commercial

transportation of animals. The proposed change

would remove the requirement that veterinarians

must certify that a dog or cat is acclimated to

temperatures lower than the minimum temperature

requirements in the regulations. In place of this

certification, the proposal requires the owners of

animals, who ultimately know the animals the best, to

make the acclimation certificate. The comment

period on the proposed rule closes on August 6.

Changes to AWA Regulations for

Confiscating Animals Considered

On May 28, AC proposed amending the AWA

regulations pertaining to the confiscation of animals.

The proposed change would allow AC to place

animals confiscated from situations detrimental to

their health and well-being with a person or facility

that is not licensed with APHIS. Currently, AC must

place the animals in a facility licensed or registered

under the AWA.

Any unlicensed facility considered for placement

would have to offer a level of care equal to or

exceeding that required by the AWA regulations. The

change in regulations would facilitate the relocation of

confiscated animals and minimize the amount of time

neglected, sick, or injured animals stay in unhealthy

situations.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color,

national origin, gender, 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, 14th and

Independence Avenue, SW, Washington, DC 20250–9410 or call

(202) 720–5964 (voice and TDD). USDA is an equal opportunity

provider and employer.

Missing Pets Network (MPN) Unites

Owners and Their Animals

Each year, thousands of pets are reported

missing. MPN, which was co-founded by AC

employee Dr. Jerry DePoyster, is a Website that links

computer users throughout the United States to help

pet owners locate these animals. Pet owners are

given helpful tips on how to locate their missing pet.

The owners can also submit a brief description of

their missing animal and photo if available. This

information is then posted to the MPN Website. Local

humane and animal control officials as well as private

citizens can then use this information to help locate

the missing animal and unite it with its owner.

Though statistics are not kept on the actual

number of animals that have been reunited with their

owners, AC has learned of success stories from MPN

members. These stories include animals that were

found by owners who used MPN’s helpful hints as

well as animals that were located after their

information was posted to the MPN Website. In fact,

MPN receives thank-you notes every day from people

who have benefitted from its assistance, and the site

has been commended for its valuable service to pet

owners. You can visit the site at its new internet

address (www.missingpet.net).

FY 1998 Animal Welfare Report Published

In June, AC published its annual report to

Congress on the agency’s animal welfare activities.

The report sports the same format as last year, with

data on AC’s inspection and enforcement activities as

well as significant information on the program’s

managerial initiatives. The report also employs

pictures, graphs, and sidebars to highlight important

pieces of information. In early July, a black-and-white

edition of the report was mailed to all subscribers

receiving this quarterly report. A full-color Web

edition was unveiled at the same time.

Policy Update

The items listed below are either new policies

under development or policies currently being

revised.

New Policies Under Development

• Health records

• Licensing of rehabilitation facilities and education

exhibitors

• Training/handling of dangerous animals

• Regulation of farm animals (adopting industry

standards)

• Regulation of transportation of nonhuman primates

• Primate enrichment

Regulatory Update

The items listed below are either under

consideration and not yet published in the Federal

Register, published in the Federal Register and open

for comment, or previously open for comment and

now under review by the Department.

Notices

• Nonhuman Primate Environmental Enrichment

Policy (under consideration)

• Petition for the Regulation of Rats, Mice, and Birds

(under review)

• Handling and Training of Potentially Dangerous

Wild and Exotic Animals Used for Exhibition (under

review)

• Guidelines for Farm Animals (under review)

• Swim-With-the-Dolphins: Request for Information

(under review)

• Information Collection: Horse Protection Program

(under review)

• Licensing Requirements for Dogs and Cats:

Decision on the Doris Day Animal League Petition

(published July 19)

Proposed Rules

• Revisions to AWA Licensing Requirements (under

consideration)

• Identification of Unweaned Puppies and Kittens

(under consideration)

• Exotic Canids and Felids: Minimum Age for

Transport (under consideration)

• Veterinary Medical Records (under consideration)

• Amend Definition of Exhibitor (under consideration)

• Certificate of Acclimation (open for comment)

• Confiscation of Animals (open for comment)

Final Rules

• Perimeter Fencing (under consideration)

• Amend Definition of Field Study (under

consideration)

• Standards for Marine Mammals: Consensus

Language (under review)