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

Winter 1999

Our inspectors are truly the unsung heroes of

our organization. In addition to their routine heavy

workload, they often go beyond the call of duty to

ensure that animals covered under the law receive

proper care, even if this means putting themselves in

harm’s way. With this in mind, we annually honor

one employee with the distinction of Inspector of the

Year.

This edition of the Animal Care (AC) Report

profiles the Inspector of the Year for 1998 along with

the two other nominees for the award. It also details

our notice on a petition to include rats, mice, and

birds in the Animal Welfare Act (AWA) regulations

and discusses our other managerial, regulatory, and

policy initiatives.

As always, this report aims to promote two-way

communication between our program within 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 to

share your ideas.

W. Ron DeHaven

Deputy Administrator

AC Honors 1998 Inspector of the Year

AC recently honored Dr. Cathy Hovansack as its

Inspector of the Year for 1998. Hovansack is the

second inspector to receive this annual award.

Robert Markman, AC’s inspector in eastern

Pennsylvania, received the first award last March.

The Inspector of the Year Award recognizes one

field employee who performs his or her duties in a

manner that best ensures animal welfare while

promoting compliance through cooperative and

educational efforts with AC’s stakeholders. Cathy

Hovansack certainly epitomizes these characteristics.

In 1998, Hovansack conducted more than

300 AWA inspections in her large territory in

Minnesota. The quality of her work is reflected in the

compliance rate for her facilities, which was well

above the national average. In addition, Hovansack

voluntarily participated in several extra projects,

including serving as editor for the new manual being

developed for AC inspectors. Throughout all of these

activities, Hovansack operated in a professional

manner respected by both her colleagues and AC’s

stakeholders.

AC also recognizes the other two nominees for

the award: Dr. Edward Slauter and Dr. Kathleen

Garland, field veterinary medical officers in Missouri

and California, respectively. Like Hovansack, Slauter

and Garland demonstrated excellence in their

inspection duties and a willingness to go the extra

mile to make AC an exemplary government program.

Petition on Rats, Mice, and Birds

Published

On January 28, AC published in the Federal

Register its long-awaited notice announcing USDA’s

receipt of a petition to regulate rats, mice, and birds

under the AWA. The petition was submitted by the

Alternative Research and Development Foundation,

a group affiliated with the American Antivivisection

Society. Adopting the provisions of the petition would

significantly increase AC’s regulatory responsibilities

and affect oversight of other program activities (e.g.,

inspections of dog dealers and animal exhibitors).

Accordingly, AC is seeking public input on whether

rats, mice, and birds should be regulated and, if so,

how the increased workload should be prioritized.

The comment period on the notice closes on

May 28. The notice is available on APHIS’ Website

(http://comments.aphis.usda.gov). At the site, you

can both submit comments and review those made

by other individuals.

On February 2, the Scientists Center for Animal

Welfare and the Institute for Laboratory Animal

Research hosted a forum in Washington, DC, to

discuss the petition and its potential impact on AC’s

activities. USDA officials attended the forum to learn

the various perspectives on this issue. USDA also

accepted written testimony from the forum as official

comments on the petition.

Despite the above actions, the petitioners filed

suit on March 9 in Federal court in Washington, DC,

not waiting for USDA’s decision on the petition.

Horse Protection Act (HPA) 1999

Operating Plan Issued

On February 12, AC issued the HPA operating

plan for the 1999 show season. The plan details how

USDA will administer the HPA this calendar year.

Among other things, it includes provisions for

conducting inspections and issuing penalties. The

plan is available on AC’s Website.

In developing the plan, AC met with all of the

certified horse industry organizations on December 15,

1998, to obtain their input on the plan’s contents.

APHIS’ Animal Care Report
AC also made a draft version of the plan available for

public comment in late January. The final plan

reflects the feedback received through these efforts.

Marine Mammal Rule Using “Consensus

Language” Published

On February 22, AC published a proposed rule

to amend the AWA regulations for the humane

handling, care, treatment, and transportation of

marine mammals. The proposal reflects new

standards in marine mammal care based on current

industry and scientific knowledge.

To develop the proposed requirements, AC

called together marine mammals experts, industry

specialists, and animal welfare organizations to

create a negotiated rulemaking advisory committee.

This committee held several sessions in 1995 and

1996. Ultimately, they agreed by consensus to

several new standards. The proposed rule reflects

these standards. The comment period on the rule

closes on April 26.

USDA Shuts Down Oregon Pet Theft Ring

In mid-February, USDA and the U.S. Attorney’s

Office in Oregon successfully prosecuted nine people

in both Federal District Court and Oregon State

Circuit Court for their roles in running a pet theft ring.

The case stemmed from a 3-year investigation into a

theft ring operated by a licensed animal dealer, her

husband, and their son. The ring also included six

other accomplices.

In the case, the operators of the theft ring were

each indicted on one count of conspiracy to defraud

the Federal Government by falsifying USDAmandated records and seven counts of mail fraud.

All received fines, probation, home detention, or jail

time. They also were permanently disqualified from

ever becoming licensed under the AWA.

The accomplices will be sentenced in Oregon

State Circuit Court on April 12. For more information,

see the press release on the APHIS Website

(http://www.aphis.usda.gov).

AC Clarifies When Farm Animals Are

Covered Under the AWA

AC has issued a new policy that clarifies when

farm animals are covered under the AWA. The policy

notes that farm animals used for traditional

production agriculture (e.g., food and fiber or

improvement of animal breeding) are not protected

under the law. Likewise, farm animals used to

manufacture and test biological products, such as

vaccines, for use in only agricultural animals are

exempt from coverage.

However, farm animals used to test and produce

biologicals for nonagricultural animals (e.g., dogs and

cats) are covered under the regulations. This

category includes farm animals used to test

biologicals that will eventually be used on both

agricultural animals and nonagricultural animals. An

example of such a biological product is a rabies

vaccine whose label recommends its use for multiple

species.

In addition, farm animals used to test or manufacture biological products that will ultimately be used

by humans are covered by the AWA. USDA

considers this to be biomedical research.

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.

2568–A Riva Road, #302

Annapolis, MD 21401

Phone: (410) 571–8692

Fax: (410) 224–2854

Central Region

Walter Christensen, D.V.M.

P.O. Box 6258

Fort Worth Federal Center, Building 11

Fort Worth, TX 76115

Phone: (817) 885–6910

Fax: (817) 885–6917

Western Region

Robert Gibbens, D.V.M.

9580 Micron Ave., 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
AC Assists Disney in Assessment of

Animal Kingdom

At the request of Disney’s Animal Kingdom, AC

facilitated a review of the facility’s entire animal care

program in the fall of 1998. The review was

conducted by an external panel of experts from

across the country. Each panel member spent at

least 2 days onsite at the facility evaluating the

animal care program and making recommendations

for improvement. In general, the panel members all

agreed that Disney’s animal care program is very well

run and that the staff at Animal Kingdom share a

strong commitment to excellence.

AC Launches New Website

In late February, AC launched its new and

improved Website. The new site contains the same

information as the old one but organizes the information in a more user-friendly manner for both the

general public and program stakeholders. Of

particular interest, AC has added a “News and

Information” page. This page provides access to

current issues affecting the program as well as AC

press releases and APHIS’ E-FOIA search engine.

AC has also developed separate pages for the HPA

and AWA information to target particular users’ interests

and has added a page that details the mission and

structure of the organization. The site kept the same

address (http://www.aphis.usda.gov/ac), so you need

not change your bookmarks.

New AWA Data Base on the Horizon

AC is currently testing its new Licensing and

Registration Information System (LARIS) data base.

When completed, LARIS will provide a single storage

center for licensing and inspection data on regulated

parties throughout the United States and will

eventually enable inspectors to enter data from

remote locations using laptop computers.

To support this effort, the data base will utilize

WindowsTM-based screens that guide users in their

efforts to enter and retrieve information. The data

base will also automate all of AC’s forms. The result

will be an efficient, easy-to-use system that should

significantly reduce the resources needed to maintain

records on regulated parties.

AC Prepares for Year 2000 (Y2K) Bug

AC has taken several steps to prepare the

program for Y2K. The new LARIS data base

mentioned above is one of these measures. AC is

also replacing all of its laptop and desktop computers

that are not Y2K compliant. Both the data base and

the computers should be fully operational by August

1999, well in advance of 1/1/00.

AC has also surveyed all of its equipment and

identified those items that are critical to carrying out

the program’s mission, such as automobiles. AC has

been assured by the manufacturers of the missioncritical equipment that the products will handle date

functions accurately in January 2000.

However, just in case, AC has developed a

contingency plan. This plan contains measures such

as providing inspectors with hard copies of inspection

reports in case the computers crash and having extra

postage stamps onhand in case the postage meter

system fails.

Over the next several months, AC will be

consulting many of its stakeholders to determine

their Y2K compliance. Don’t be surprised if you’re

contacted.

Training on Dealer Inspections and

Elephant Care Scheduled

AC is holding two training sessions for its

inspectors this April. The first, which will take place

in Fort Worth, TX, focuses on inspecting dog dealer

facilities. The second, which will take place in Tampa

and Orlando, FL, focuses on proper elephant care

and handling. Both sessions share the common goal

of promoting animal well-being and ensuring uniform

inspection procedures throughout the United States

so that all licensees are held to the same standards

of care for their animals.

Highlights From the Field

Following the recent death of a licensee in South

Texas, his wife asked AC to help in feeding and

handling the facility’s 15 large, exotic cats and in

finding new homes for the animals. In response,

AC’s Dr. Elizabeth Pannill and Charlie Currer worked

for 3 months to find new homes for the animals and

ensure that they received proper care in the interim.

Pannill and Currer even assisted in tranquilizing of

the animals for transport to their new homes. The

animals were safely relocated to three exotic animal

rehabilitation facilities in Texas.

“Doris Day” Advance Notice Moves

Forward

AC officials have reviewed the more than

11,000 comments that were submitted on our

advance notice of proposed rulemaking concerning

the regulation of dog and cat dealers, including the

more than 1,000 comments that were submitted

electronically. The officials are now determining the

best way to proceed based on this input. To review

the comments that were submitted electronically, visit

APHIS’ Website (http://comments.aphis.usda.gov).
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.

Training and Handling Policy Under

Development

AC officials have reviewed the more than

400 comments that were submitted on the program’s

request for information concerning current “best”

practices for the training and handling of potentially

dangerous wild and exotic animals. Based on this

input, the officials are currently developing a draft

policy on this issue. When completed, a notice of the

draft policy will be published in the Federal Register

to allow for public comment prior to the policy’s

issuance in final form.

AC Still Working on Primate Enrichment

Policy

AC has completed its draft policy on environmental enrichment for nonhuman primates. The

policy, which will serve as a resource for inspectors

and regulated parties, will complement the National

Research Council’s publication on this same issue.

The goal is to use both documents to best attain

enrichment for primates as mandated by the 1985

amendment to the AWA. The draft policy will be

published in the Federal Register, in the next few

months, allowing for public comment and modification

prior to the policy’s issuance in final form.

Policy Update

The items listed below are either new policies

under development or policies currently being

revised.

New Policies Under Development

• Medical records

• Prairie dogs

• Training/Handling of dangerous animals

• Licensing of rehabilitation facilities and education

exhibitors

• Regulation of farm animals (adopting industry

standards)

• Regulation of transportation of nonhuman primates

Policies Being Revised

• Policy #17: Annual Report for Research Facilities

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

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

(open for comment)

• Handling and Training of Potentially Dangerous

Wild and Exotic Animals Used for Exhibition (under

review)

• Guidelines for Farm Animals (under consideration)

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

(under consideration)

• Nonhuman Primate Environmental Enrichment

Policy (under consideration)

• Information Collection: Guinea Pigs, Rabbits,

Hamsters (under Consideration)

• Information Collection: Horse Protection Program

(under consideration)

Advance Notices of Proposed Rulemaking

• Licensing Requirements for Dogs and Cats:

Response to Doris Day

• Animal League Petition (under review)

Affirmation of Interim Rules

• Resting Surfaces for Dogs and Cats (under

consideration)

Proposed Rules

• Standards for Marine Mammals: Consensus

Language (open for comment)

• 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)

• Confiscation of Animals (under consideration)

• Horse Protection Under the AWA (under

consideration)

Final Rules

• Perimeter Fencing (under consideration)

• Nomenclature Changes (under consideration)