APHIS’ Animal Care Report

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

Winter/Spring 1998

With 1997 behind us, it is appropriate to reflect

back on a few of the significant activities that our

program undertook during the past year. Accordingly,

this edition of the report includes articles on topics

such as our enforcement efforts during 1997 and our

newly launched, user-friendly inspection report.

 This edition also brings you up to date on many

of our current activities. These initiatives include our

implementation of a risk-based inspection system,

our public meeting scheduled for later this year, and

our issuance of final rules pertaining to temperature

and wire-flooring requirements.

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

AC Facilitates Exam of “Free Willy” Star

In November 1997, the U.S. Department of

Agriculture’s (USDA) Animal and Plant Health

Inspection Service (APHIS) Animal Care (AC)

program solicited marine mammal experts from

around the country to participate in a unique

independent panel to assess the health of Keiko, the

orca whale that starred in the movie “Free Willy.” The

health status of Keiko, who is owned by the nonprofit

Free Willy Foundation and housed within the Oregon

Coast Aquarium, had been disputed by the two

organizations. AC helped to establish and coordinate

the panel to obtain an impartial and comprehensive

assessment of Keiko’s current health.

Dr. Barbara Kohn, AC’s marine mammal expert,

was the USDA liaison with the foundation, the

aquarium, and the members of the panel. Working

closely with everyone, Kohn facilitated the

evaluation—the first-ever such study of an orca—and

acted as spokesperson for the group.

The study concluded that Keiko is in good health

but could benefit from companionship and increased

exercise. The data collected will help advance the

knowledge of marine mammals throughout the world.

AC To Hold Public Meeting

AC will hold a public meeting on May 12 at

APHIS’ headquarters building in Riverdale, MD, to

discuss the many regulatory and management

initiatives that the program is undertaking. The forum

will provide attendees with valuable insights into

initiatives such as AC’s new risk-based inspection

system and Doris Day Animal League petition.

The meeting is open to anyone who wants to

attend, but advance registration is necessary due to

limited space. If interested, you may fax your

registration request to (301) 734–4328 or send your

request to AC’s E-mail address. For additional

information, contact Sue Gallagher on (301) 734–8877.

Wire Flooring and Temperature Standards

Amended

• In January 1998, AC amended the Animal Welfare

Act (AWA) standards pertaining to wire flooring.

Under the new rules, AC now requires that floors in

primary enclosures for dogs and cats be constructed

of coated wire if the wire is less than or equal to 1/8

of an inch in diameter. The coating must be made of

a material such as plastic or fiberglass. AC also

requires that any such wire floor, whether coated or

uncoated, be constructed so that the floor does not

bend or sag between the supports.

• In March 1998, AC revised the AWA temperature

requirements. The amendments clarify the current

climatic conditions allowed for dogs and cats in

indoor, sheltered, and mobile housing facilities; in

primary conveyances used for transportation; and in

animal holding areas of airport terminal facilities.

AC will also require that animals covered under

the AWA not be exposed to combinations of time,

temperature, and humidity that would adversely affect

the animal’s health and well-being. The responsible

party must take into account the animal’s health

status, breed, age, and other pertinent factors.

Class B Dealer Traceback Reaps Benefits

Random-source, class B animal dealers have

long been the subject of intense public scrutiny for

allegedly trafficking in stolen animals. Accordingly,

since 1993, AC has conducted an intensive traceback

effort to ensure that the dogs sold by these dealers

are acquired from legitimate sources, such as pounds

and shelters or other dealers. To support this effort,

AC has conducted quarterly inspections of all

random-source dealers.
The fruits of the traceback initiative have been

tremendous. From fiscal year 1993 through 1997,

the percentage of animals traced to their original

source has increased from slightly more than 40

percent to more than 95 percent.

At the same time, the number of random-source

dealers has decreased from more than 100 to fewer

than 40, largely due to AC’s stringent enforcement

efforts. Moreover, the number of class B dealer

investigations has decreased from a high of 260 in

1992 to just over 50 in fiscal year 1997. We are

confident that this effort will continue to yield

significant results in the coming years.

Class A Dealer Workgroup Established

AC has formed a class A dealer workgroup to

examine enforcement of the AWA at commercial

breeding facilities throughout the country and make

recommendations for improvement. The group is

modeled on the highly successful approach that was

used to improve enforcement of class B dealers over

the past several years. The group’s first meeting was

in St. Louis in early December 1997. The team

toured breeding facilities in the area and identified

several possible ways to improve enforcement.

These recommendations are still under review by AC

management.

Tuberculosis (TB) Testing Now Required

In January, APHIS began requiring that all

captive elephants in the United States be periodically

tested for TB. This requirement will be enforced

under the adequate veterinary care standard in the

AWA regulations. Approximately 515 regulated

elephants will be affected by this new requirement.

Any animals found positive will have to undergo

quarantine and/or treatment.

To support this policy, AC is offering a protocol

called “Guidelines for the Control of Tuberculosis in

Elephants,” dated November 1997. This protocol

provides specific testing, surveillance, and treatment

guidelines for meeting the new requirements.

Licensees must either follow the protocol or provide a

comparable testing and monitoring program that

ensures the welfare of captive elephants and

prevents the spread of the disease to other animals.

Copies of the protocol have been sent to all licensees

who own elephants and are available upon request

by calling (301) 734–7833.

New Inspection Reports Being Used

To make them easier to read and understand for

all users, AC has developed a new narrative format

for its inspection reports. These reports now provide

a list of any items that are not in compliance (either

newly or previously cited) and a narrative description

of the citation. They also reference the specific

section of the AWA regulations under which the

noncompliant item has been cited.

Equally beneficial, AC is automating these new

report forms so that inspectors enter data by typing,

not handwriting, it. The days of having to interpret an

inspector’s writing are finally long gone.

Risk-Based Inspection System Takes

Effect

In February, AC implemented its new risk-based

inspection system. As noted in previous reports, this

system uses several objective criteria, including past

compliance history, to determine the inspection

frequency of each licensed and registered facility.

Facilities that meet all of the criteria qualify for

low inspection frequency and are subject to

inspections once every 2–3 years. Facilities that

meet few or none of the criteria qualify for high

inspection frequency and are subject to inspections

at least every 6 months. Those in the middle qualify

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@aphis.usda.gov
for medium inspection frequency and will be

inspected once a year.

AC, of course, remains committed to inspecting

research facilities once a year, as required under the

law. AC must maintain confidentiality of the

inspection frequency of all licensees and registrants

to ensure the integrity of the system.

AC Enforcement Efforts Yield Results

In 1997, AC achieved tremendous success

regarding AWA enforcement. The program’s efforts

included innovative settlements where AC allowed

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

improvements. The efforts also included stringent

sanctions, such as severe monetary penalties and/or

license revocations.

These two approaches enabled AC to obtain

significant monetary penalties while reducing its

backlog of AWA cases. The examples below

highlight cases from 1997 that illustrate both

components of AC’s enforcement strategy.

• In February 1997, APHIS settled a case with a

large registered research facility for a $30,000 fine,

$20,000 of which was required to be spent on facility

improvements and training for employees. AC had

cited each of these areas as being in need of

improvement to ensure compliance with the AWA.

• In a landmark case still pending at the end of

1997, APHIS obtained a $200,000 monetary penalty

and permanent revocation of an exhibitor’s license

for AWA violations pertaining to the movement of

elephants and llamas across the Southwestern

United States in the summer of 1997. The movement

of the animals resulted in the death of one of the

elephants.

The case is significant not only in terms of

penalties sought but also in the swift manner in which

it was handled. By making this case a top priority,

APHIS was able to complete its investigation and file

formal charges within 3 weeks. This process typically

takes several months. APHIS was also able to obtain

a decision from an administrative law judge within 4

months, a process that normally takes more than a

year. The judge’s decision is currently under appeal

to the USDA judicial officer.

New Format for AWA Report to Congress

This year, we will be revising the format of our

annual AWA enforcement report. The new layout will

include significant information on our strategic

direction activities and other special initiatives, such

as our class B dealer traceback project. The format

will also feature a more user-friendly layout, with

pictures, graphs, and sidebars to highlight important

pieces of information. We believe that, in making the

report more comprehensive and user friendly, we will

be able to provide readers with an accurate picture of

the many initiatives that we are pursuing.

AC Highlights From the Field

• The fall 1997 edition of the report discussed the

efforts of AC inspector Ron Zaidlicz to ensure the

health and welfare of two harbor seals at a defunct

aquarium in Maine. At the time, Zaidlicz was working

with the owner of the facility to assure that the

animals were placed together in a safe location.

Since then, Zaidlicz has continued to work with the

owner of the animals and the Department of

Commerce’s National Marine Mammal Fisheries

Service. As a result of his efforts, the seals have

been relocated safely to the Detroit Zoo.

• Last fall, AC inspector Karla Wills took an active

role in ensuring the health and welfare of animals at

a zoo in New Jersey. The zoo had repeated

problems involving facility conditions and animal

husbandry. Although Wills and State officials worked

to bring the zoo into compliance, the facility ultimately

failed to operate within the law.

Accordingly, officials from New Jersey Fish,

Game, and Wildlife shut down the zoo and ordered

that all of the animals be relocated. They then called

on Wills to help them with the relocation effort. Wills,

in turn, worked with AC inspectors throughout the

country to find suitable homes for the animals. She

also assisted USDA officials in successfully settling

its case against the zoo for a 20-year license

disqualification and a $27,500 fine.

Update on Training and Handling Notice

and Doris Day Petition

• On December 12, 1997, AC closed the extended

comment period on its request for information

concerning practices currently used for handling and

training potentially dangerous exotic or wild animals.

Program personnel are now evaluating the more than

400 comments that were received during the

comment period to determine whether guidelines,

regulations, or a combination of both will be issued.

• AC has reviewed the nearly 36,000 comments

submitted on the Doris Day Animal League (DDAL)

petition, which would amend the AWA definition of

“retail pet store” and require that breeders of hunting,

security, and breeding dogs be licensed under the

AWA. AC is developing a rulemaking initiative in

response to the comments received.

Address Correction

The fall edition of the report listed the address of

APHIS’ Center for Epidemiology and Animal Health

as 55 South Howes Street in Fort Collins, CO. The

correct address is actually 555 South Howes Street,

Fort Collins, CO 80521.
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:

• Advance Notice of Public Meeting (under review)

• Handling and Training of Potentially Dangerous

Wild and Exotic Animals Used for Exhibition (under

review)

• Veterinary Care for Captive Elephants (under

review)

Proposed Rules:

• Revisions to AWA Licensing Requirements (under

consideration)

• Response to Doris Day Animal League Petition

(under consideration)

• Standards for Animal Auctions (under

consideration)

• Exotic Canids and Felids: Minimum Age for

Transport (under consideration)

• Standards for Farm Animals (under consideration)

• Standards for Marine Mammals (under

consideration)

• Importation of Euthanized Animals (under

consideration)

• Veterinary Medical Records (under consideration)

Final Rules

• Swim-With-the-Dolphins Human Interactive

Programs (under consideration)

• Perimeter Fencing (under consideration)