APHIS’ Animal Care Report

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

Summer 1998

A little more than a year ago, we launched this

quarterly report. At that time, we had about 600

subscribers. Today, we have more than 1,700, and

the number is growing. This tells me the level of

interest in our program is increasing and more people

are learning about this report.

I welcome both trends, and I am pleased to

issue this fifth edition of the report. This edition

provides you with an overview of our May 12 public

meeting and highlights some of our field activities

and innovative Animal Welfare Act (AWA) settlements

over the past several months. It also offers updates

on our regulatory initiatives.

As always, this report aims to promote two-way

communication between our program 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

Acting Deputy Administrator

Animal Care Public Meeting Exceeds

Expectations

On May 12, the U.S. Department of Agriculture

(USDA) Animal and Plant Health Inspection Service

(APHIS) Animal Care (AC) program held its landmark

public meeting at APHIS’ headquarters building in

Riverdale, MD. The meeting, which focused on the

many regulatory and management initiatives that the

program is undertaking, was attended by

approximately 250 members of the general public,

industry, and animal welfare groups.

The program included a morning general

session and afternoon breakout sessions devoted to

the specific regulated business types—researchers,

dealers, exhibitors, and animal transporters. The

agenda featured speakers from USDA as well as

industry and animal welfare organizations.

Overall, participants rated the meeting a success

and stated that additional forums should be held in

the future at least once every 2 years. USDA officials

were also pleased with the meeting and look forward

to holding similar ones in future years. A synopsis of

the meeting is posted on AC’s home page on the

World Wide Web. The synopsis is also available

upon request. To receive a copy, you may send an

e-mail message to ace@usda.gov, send a fax

message to (301) 734–4978, or call (301) 734–8877.

“Doris Day” Advance Notice Published

In late June, AC published its long-awaited

advance notice of proposed rulemaking on the

regulation of dog and cat dealers. This notice

announces USDA’s formal consideration of amending

the AWA definition of “retail pet store” and requiring

that breeders of hunting, security, and breeding dogs

be licensed. Both of these changes were contained

in the Doris Day Animal League Petition that AC

published as a notice in the Federal Register last

year.

Recognizing that these rule changes could

severely strain available AWA enforcement resources

by adding numerous new licensees, USDA is

considering increasing the number of breeding

female dogs and cats that may be owned without

obtaining an AWA license. At the same time, we feel

the intent of the law is to regulate commercial

breeders. Accordingly, the advance notice also

requests input on the number of breeding female

dogs and cats that dealers should be allowed to own

without being licensed and the impact that these rule

changes would have on currently licensed and

unlicensed dealers.

The extended comment period on the notice

closes September 23. For those interested, 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.

Petition on Regulating Rats, Mice, and

Birds Under Review

Earlier this year, the Alternative Research and

Development Foundation, a group affiliated with the

American Antivivisection Society, filed a petition that

would have USDA exercise its authority under the

AWA to regulate rats, mice, and birds. To do so, AC

would have to amend the AWA regulations to include

these species under the regulatory definition of

“animal.” The petition is currently under review.

AC Continues To Pursue Innovative

Settlements

Over the past several months, AC has

negotiated a number of innovative settlements.

These agreements have enabled licensees and

registrants who showed an interest in improving the

conditions for their animals to invest part or all of their

monetary sanctions in facility and personnel
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

enhancements as well as research to improve the

well-being of animals. Below are three examples of

these innovative settlements.

• In April, APHIS settled a case against a research

facility charged with violations pertaining to the

handling of animals and protocol review procedures

for $50,000. Of that amount, $20,000 must be

donated to an APHIS-approved nonprofit organization

for the study of alternatives to animal testing;

$20,000 must be spent on improving housing facilities; and $10,000 is payable to the Treasurer of the

United States. The lab must also contract with an

outside consultant to review its animal care program.

• In April, an airline settled charges involving several

cases of animal death and illness aboard various

flights around the country. In the settlement, the

airline agreed to donate $25,000 to an APHIS-approved

organization to study methods to promote the safe

and humane handling of animals during transportation. The results of this study will be disseminated to

all carriers registered under the AWA.

• In July, AC settled a case against a circus pertaining to the death of a baby elephant. Under the

settlement, the circus agreed to donate $10,000 to a

nonprofit elephant sanctuary and $10,000 to an

outside organization for research relating to gastrointestinal or infectious diseases of elephants. Both

the sanctuary and the research organization must be

approved by APHIS. The circus also agreed to

enhance its training programs for animal handlers.

Animal Welfare Report on Web in Full

Color

APHIS’ annual report to Congress on the

agency’s animal welfare activities is now available on

AC’s Web page in full color. As noted previously, the

report’s format has been completely revised this year

to include significant information on AC’s strategic

direction activities and other management initiatives.

The report also features a more user-friendly layout,

with 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. The color Web edition was unveiled

at the same time. For those who have access, the

version is worth a gander.

Safe Pet Travel Campaign in Full Swing

AC’s public affairs campaign on safe pet travel,

which was launched in September 1997 to educate

the general public about traveling with their pets, has

been a tremendous success. AC has already

distributed its entire press run of 20,000 full-color

brochures! The program has also passed out thousands of factsheets on safe pet travel and stickers

labeled “Live Animals” that are designed to be to

placed on kennels to meet the AWA requirements.

Recipients of these materials have included members

of the general public, veterinary clinics, travel agents,

and State Veterinarians.

AC thanks the many organizations that have

helped distribute the materials and is pleased to

announce that “Traveling With Your Pet” is being

reprinted and will be available this fall.

In the meantime, you can view the brochure on

AC’s Web page and order the other materials by

calling (301) 734–7687.
AC Highlights From the Field

• During a routine inspection in Tennessee,

Dr. Michael Guedron observed two small pens

containing six pigs. Upon closer inspection, Guedron

noticed that the pigs were emaciated and obviously

suffering from malnutrition. While pigs, as agricultural animals, are not covered under the AWA,

Guedron decided to go the extra mile and called local

authorities.

The next day, Guedron accompanied several

local and State law enforcement officers to the facility

to confiscate the pigs and arrest the owner. Unfortunately, a worker at the facility had killed four of the

pigs after learning of Guedron’s visit. The remaining

pigs, however, were safely removed from the

premises and sent for treatment at the University of

Tennessee.

• Several AC officials, including Western Region

Director Robert Gibbens, worked extensively

throughout June and July to find homes for three

marine mammals from the Depoe Bay Aquarium in

Oregon. In a settlement between APHIS and the

aquarium, Depoe Bay officials agreed to turn over

two sea lions and a harbor seal to APHIS for

relocation. The officials also agreed to a permanent

revocation of their license and a $7,000 fine—$6,000

of which is suspended provided Depoe Bay officials

do not conduct any AWA-regulated activities.

In seeking new homes for the animals, AC

personnel contacted aquariums throughout the

United States. The animals will be temporarily

relocated from Depoe Bay to the Oregon Coast

Aquarium in early September. Subsequently, the sea

lions will take up permanent residence at the Indiana

Children’s Zoo, and the harbor seal will stay at

California’s Sea World.

Strategic Direction Update

AC continues to move forward with its numerous

strategic direction activities. Besides the public

meeting mentioned earlier in this report, the activities

also include the following accomplishments and

ongoing projects.

• In March, AC held its second national work

conference for field personnel. The weeklong meeting was attended by AC field personnel from Hartford

to Honolulu and focused on ensuring uniformity of

inspections. Specific training sessions included

inspecting traveling exhibitors and neonatal nutrition.

• AC is planning three training courses on elephant

care and handling to improve AWA inspections and

enforcement regarding these animals. By fiscal year

2000, 45 members of AC’s field force will have

completed these courses.

• AC is currently developing specific primate

enrichment guidelines and a manual on inspecting

animal dealers. These documents will serve as

resources to both inspectors and licensees and

registrants. Look for them in the coming year.

MOA on Marine Mammals Goes Into

Effect

On July 18, APHIS, the U.S. Fish and Wildlife

Service, and the National Marine Fisheries Service

signed a formal memorandum of agreement regarding the enforcement of the Marine Mammal Protection

Act (MMPA). The agreement codifies the roles and

responsibilities of each agency in enforcing the

MMPA and clarifies areas where there are questions

of jurisdiction. The MOA replaces the original

agreement, which was signed nearly 20 years ago.

AC Makes Horse Protection a Priority

Last November, AC unveiled its new strategic

plan for the Horse Protection Act (HPA) program.

This voluntary plan seeks to increase industry’s role

in enforcing the HPA. If adopted by horse industry

organizations, the plan would give industry primary

responsibility for imposing HPA sanctions, and APHIS

would evaluate the organizations to ensure they are

correctly identifying violations and issuing appropriate

penalties. In turn, APHIS would pursue significantly

fewer formal cases against alleged HPA violators.

Although the plan was developed in cooperation

with industry and seemed like a win–win for all

involved, it was met with reservations by certain

industry organizations. Accordingly, while the plan

went into full effect (with the exception of the “scar

rule” penalties) on July 1 of this year, only one

industry organization has adopted its provisions. The

rest are subject to the previous enforcement system

where APHIS pursues formal AWA cases. Nevertheless, AC remains committed to working with all

industry organizations to develop a mutually

acceptable plan.

AC Makes DQP List Available

AC has posted on its Web page the list of

individuals who enforce the HPA as designated

qualified persons (DQP’s). DQP’s work for horse

industry organizations that are certified by APHIS to

oversee horse shows and sales. DQP’s are typically

farriers, trainers, or individuals with significant knowledge of horses and the equine industry. The DQP

list contains the names of all DQP’s employed by the

six certified industry organizations.
Interim Rule on Dog and Cat Resting

Surfaces Issued

On July 13, AC published an interim rule that

amended the AWA requirements pertaining to flooring

in dog and cat enclosures. The rule, effective July

14, removes the requirement that a solid resting

surface is necessary in primary enclosures with

flooring made of mesh or slotted construction. This

requirement was inadvertently contained in the final

rule on wire flooring published in January of this year.

The comment period on the interim rule closes

September 11.

Regulatory News

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:

• Handling and Training of Potentially Dangerous

Wild and Exotic Animals Used for Exhibition (under

review)

Advance Notices of Proposed Rulemaking:

• Licensing Requirements for Dogs and Cats:

Response to Doris Day Animal League Petition

(open for comment until September 23)

Interim Rules:

• Resting Surfaces for Dogs and Cats (open for

comment until September 11)

Proposed Rules:

• Clarifying Meaning of “Field Study” (open for

comment until September 29)

• 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)

• Standards for Farm Animals (under consideration)

• Standards for Marine Mammals (under

consideration)

• Veterinary Medical Records (under consideration)

• Confiscation of Animals (under consideration)

• Nomenclature Changes (under consideration)

• Horse Protection (under consideration)

Final Rules

• Swim-With-the-Dolphins Human Interactive

Programs (under consideration)

• Perimeter Fencing (under consideration)

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