[Federal Register: August 5, 2005 (Volume 70, Number 150)]
[Proposed Rules]
[Page 45322-45323]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au05-9]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 3
[Docket No. 04-088-1]
RIN 0579-ZA01
Animal Welfare; Standards for Ferrets
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of petition and request for comments.
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SUMMARY: We are notifying the public that the Animal and Plant Health
Inspection Service has received a petition requesting that specific
standards be promulgated for the humane handling, care, treatment, and
transportation of domestic ferrets. We are soliciting comments from the
public regarding the petition, and whether we should continue to
regulate the handling, care, treatment, and transportation of ferrets
covered by the Animal Welfare Act under the general standards in the
regulations, or promulgate specific standards for ferrets. We are also
requesting comments regarding what should be included in any such
standards.
DATES: We will consider all comments that we receive on or before
October 4, 2005.
ADDRESSES: You may submit comments by either of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-088-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 04-088-1.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html
.
FOR FURTHER INFORMATION CONTACT: Dr. Jerry DePoyster, Senior Veterinary
Medical Officer, Animal Care, APHIS, 4700 River Road Unit 84,
Riverdale, MD 20737-1234; (301) 734-7586.
SUPPLEMENTARY INFORMATION:
Background
Under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.), the
Secretary of Agriculture is authorized to promulgate standards and
other requirements governing the humane handling, care, treatment, and
transportation of certain animals by dealers, research facilities,
exhibitors, operators of auction sales, and carriers and intermediate
handlers. The definition of ``animal'' in the AWA is, in part: ``* * *
any live or dead dog, cat, monkey (nonhuman primate mammal), guinea
pig, hamster, rabbit, or such other warmblooded animal as the Secretary
may determine is being used, or is intended for use, for research,
testing, experimentation, or exhibition purposes, or as a pet.'' This
definition excludes ``(1) birds, rats of the genus Rattus, and mice of
the genus Mus, bred for use in research, (2) horses not used for
research purposes, and (3) other farm animals, such as, but not limited
to livestock and poultry, used or intended for use as food or fiber, or
livestock or poultry used or intended for use for improving animal
nutrition, breeding, management, or production efficiency, or for
improving the quality of food or fiber.'' (7 U.S.C. 2132(g).)
Within the United States Department of Agriculture, responsibility
for enforcing the AWA has been delegated to the Administrator of the
Animal and Plant Health Inspection Service (APHIS). Within APHIS, the
responsibility for enforcing the AWA has been delegated to the Deputy
Administrator for Animal Care. Regulations established under the AWA
are contained in the Code of Federal Regulations (CFR) in 9 CFR parts 1
and 2, and 9 CFR part 3 contains standards for the humane handling,
care, treatment, and transportation of animals covered by the AWA.
Currently, part 3 consists of subparts A through E, which contain
specific standards for dogs and cats, guinea pigs and hamsters,
rabbits, nonhuman primates, and marine mammals, respectively, and
subpart F, which sets forth general standards for
[[Page 45323]]
warmblooded animals not otherwise specified in that part.
In a petition dated March 10, 2004, the International Ferret
Congress requested that APHIS develop and promulgate specific standards
for the care and handling of domestic ferrets (Mustela furo).
Currently, the standards that apply to domestic ferrets are set forth
in part 3, Subpart F. The petition in its entirety states:
International Ferret Congress
Sandra C. Kudrak, DVM, DABVP
Ferret Wise Rescue and Rehabilitation Shelter
West Central Ohio Ferret Shelter
Ferret Lovers Club of Texas
Maryland Ferret PAWS, Inc.
Support Our Shelters
Ferret Rescue of Maine
Submitted to Mr. Bobby Acord, Administrator of the Animal Plant
Health Inspection Service and Ms. Ann M Veneman, Secretary of the
United States Department of Agriculture
Dear Sir and Madam: We are petitioning the United States
Department of Agriculture regarding the lack of adequate protection
for the domestic ferret (Mustela furo) under the current provisions
of the Animal Welfare Act.
Currently, the domestic ferret is considered to be one of the
most popular companion animals in the United States as well as
around the world. Sadly, the protection afforded to it by the Animal
Welfare Act does not take into account the specific biological,
physiological, and social needs of this animal in a manner
consistent with other household pets such as cats and dogs. Given
practices such as early and forced weaning, ferret kits are being
shipped too young, resulting in large numbers of animals become ill
during or shortly after transport. Many more animals develop
significant behavioral abnormalities (such as aggression not
normally seen in ferrets) because their inherent needs are not being
met during weaning and transportation process. Additionally, ferret
kits are arriving to pet stores malnourished and ill. Starvation,
pneumonia, prolapsed rectums, and seizures are regularly documented.
These animals, because of behavior problems, are being
relinquished in large numbers to shelters and private individuals
willing to attempt to rehabilitate them. Unfortunately, many are
unable to recover to a state which makes them adoptable, causing a
huge burden on the shelters as well as the general public.
The lack of protection afforded to this animal is contrary to
both the language and Congressional intent of the Animal Welfare
Act.
We formally request that the rulemaking be instituted to provide
for adequate regulations specifically addressing the unique needs of
ferrets as has been done for other species. The above parties are
available and willing to provide their experience and expertise to
see that fair, legal, and adequate regulations be drafted.
We ask that the agency take immediate action to remedy these
violations of the Animal Welfare Act.
We are asking the public to comment on the petition, and as to
whether they agree or disagree with the petitioner that specific
standards should be promulgated for the humane handling, care,
treatment, and transportation of domestic ferrets, and what should be
included in these standards. In particular, we are soliciting comments
on the following issues:
1. Should specific standards be implemented for the welfare of
domestic ferrets? If yes, please explain what standards you believe are
needed and how they will ensure ferret welfare (for example: cage size,
number of animals shipped together, minimum/maximum temperatures,
ventilation, transportation age, etc., and how these standards will
prevent aggressive behavior, reduce stress on the animal, promote
health, etc.).
2. What specific problems have dealers, exhibitors, or research
facilities had with the current handling, care, treatment, and
transportation standards that apply to ferrets and how would ferret-
specific standards eliminate them?
3. Should there be minimum age requirements for the transportation
of domestic ferrets, and, if so, what factors should be considered in
determining those requirements?
We welcome all comments on the petition and the issues outlined
above and encourage the submission of proposals for specific standards
for the humane handling, care, treatment, and transportation of
domestic ferrets. We also ask commenters to submit data on the costs
and benefits of their recommendations. We will consider all comments
and recommendations we receive.
This action has been determined to be significant for the purposes
of Executive Order 12866 and, therefore, has been reviewed by the
Office of Management and Budget.
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.
Done in Washington, DC, this 1st day of August, 2005.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 05-15516 Filed 8-4-05; 8:45 am]
BILLING CODE 3410-34-P