[Federal Register: May 28, 2004 (Volume 69, Number 104)]
[Proposed Rules]
[Page 30601]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my04-18]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 2 and 3
[Docket No. 97-001-5]
RIN 0579-AB39
Animal Welfare; Policy on Training and Handling of Potentially
Dangerous Animals
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Draft policy statement; withdrawal.
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SUMMARY: On February 18, 2000, we published a draft policy statement
regarding the training and handling of potentially dangerous animals in
the Federal Register in order to seek public comment on the policy
statement prior to its implementation. The draft policy statement was
developed to provide guidance to exhibitors and other regulated
entities on how to comply with the regulations regarding training and
handling of potentially dangerous animals (e.g., lions, tigers, bears,
and elephants). This is to notify the public that we will not be
publishing or implementing a final policy statement on these issues.
FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Staff Veterinarian,
Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, MD 20737-1234;
(301) 734-7833.
SUPPLEMENTARY INFORMATION:
Background
The Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.) authorizes the
Secretary of Agriculture to promulgate regulations and standards
governing the humane handling, care, treatment, and transportation of
animals, as defined in the AWA, by dealers, exhibitors, and other
regulated persons. The Secretary of Agriculture has delegated the
responsibility for enforcing the AWA to the Administrator of the Animal
and Plant Health Inspection Service (APHIS). Regulations and standards
established under the AWA are contained in 9 CFR parts 1, 2, and 3.
The regulations governing the handling of all animals are found in
9 CFR part 2, Sec. 2.131. Section 2.131, paragraph (a) requires that
handling of all animals shall be done as expeditiously and carefully as
possible in a manner that does not cause trauma, overheating, excessive
cooling, behavioral stress, physical harm or unnecessary discomfort,
and prohibits the use of physical abuse or deprivation of food or water
to train, work or otherwise handle animals except that short-term
withholding of food or water by exhibitors is allowed as long as each
of the animals affected receives its full dietary and nutrition
requirements each day.
Section 2.131, paragraph (b)(1) requires that during public
exhibition, any animal must be handled so there is minimal risk of harm
to the animal and the public, with sufficient distance and/or barriers
between the animal and the general viewing public so as to assure the
safety of the animals and the public. Paragraph (b)(2) requires that
performing animals receive a rest period between performances.
Paragraph (b)(3) prohibits exposing young or immature animals to rough
or excessive public handling, or exhibiting them for periods of time
that would be detrimental to their health or well-being. Paragraph
(b)(4) prohibits the use of drugs to facilitate, allow, or provide for
public handling of animals.
Section 2.131, paragraph (c) requires that: (1) Animals be
exhibited only for periods of time and under conditions consistent with
their good health and well-being, (2) a responsible, knowledgeable and
readily identifiable employee or attendant be present at all times
during public contact, (3) during public exhibition, dangerous animals
be under the direct control and supervision of a knowledgeable and
experienced animal handler, and (4) if public feeding of animals is
allowed, the food be provided by the animal facility and appropriate
for the animal and its needs and diet.
Section 2.131, paragraph (d) prohibits subjecting animals to any
combination of temperature, humidity and time that is detrimental to
their health or well-being.
Regulations governing handling and personnel qualifications for
research facilities are found at 9 CFR part 2, Sec. Sec. 2.38(f),
2.32. Handling and employee standards for specific animals are found at
9 CFR part 3, Sec. Sec. 3.19, 3.12 (dogs and cats), Sec. Sec. 3.41,
3.32 (hamsters and guinea pigs), Sec. Sec. 3.66, 3.57 (rabbits),
Sec. Sec. 3.92, 3.85 (nonhuman primates), Sec. Sec. 3.118, 3.108
(marine mammals), and Sec. Sec. 3.142, 3.132 (animals other than dogs,
cats, hamsters, guinea pigs, rabbits, nonhuman primates, and marine
mammals).
On February 18, 2000, we published a draft policy statement in the
Federal Register (65 FR 8318-8321, Docket No. 97-001-4) in order to
seek public comment on the policy statement prior to its
implementation. The draft policy statement was developed to provide
guidance to exhibitors and other regulated persons on how to comply
with the regulations regarding training and handling of potentially
dangerous animals.
We solicited comments concerning our draft policy statement for 60
days ending on April 18, 2000. We received 204 comments by that date.
They were from licensees, professional organizations, animal welfare
organizations, zoos, academicians, consultants, and private citizens.
We have determined that any clarification of the regulations should
be accomplished through rulemaking and we are now providing notice that
we will not be publishing or implementing a final policy statement on
these issues. Should we propose to amend the regulations and standards,
we will initiate rulemaking and provide notice and opportunity for
public comment.
Done in Washington, DC, this 25th day of May, 2004.
Jessica Mahalingappa,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-12135 Filed 5-27-04; 8:45 am]
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