[Federal Register: February 18, 2000 (Volume 65, Number 34)]
[Proposed Rules]
[Page 8318-8321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe00-19]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 2 and 3
[Docket No. 97-001-4]
RIN 0579-AA85
Animal Welfare; Draft Policy on Training and Handling of
Potentially Dangerous Animals
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Draft policy statement and request for comments.
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SUMMARY: We have developed a draft policy statement 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). We are seeking
public comment on the policy statement before we implement it.
DATES: We invite you to comment. We will consider all comments that we
receive by April 18, 2000.
ADDRESSES: Please send your comment and three copies to: Docket No. 97-
001-4 Regulatory Analysis and Development PPD, APHIS Suite 3C03, 4700
River Road, Unit 118, Riverdale, MD 20737-1238 Please state that your
comment refers to Docket No. 97-001-4.
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.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff
Veterinarian, AC, APHIS, 4700 River Road Unit 84, Riverdale, MD 20737-
1234; (301)734-7833.
SUPPLEMENTARY INFORMATION: The Animal Welfare Act (AWA) (7 U.S.C. 2131
et seq.) authorizes the Secretary of Agriculture to promulgate
standards and other requirements governing the humane handling, care,
treatment, and transportation of certain animals by dealers,
exhibitors, and other regulated entities. 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 established under the AWA are contained in 9 CFR
parts 1, 2, and 3. The APHIS Animal Care program ensures compliance
with the AWA regulations by conducting inspections of premises with
regulated animals.
Regulations regarding training and handling of animals are found in
9 CFR part 2. Section 2.131 contains provisions for the humane training
and handling of animals. In Sec. 2.131, paragraph (a) states that
handling of all animals must 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.
Paragraph (a) also prohibits physical abuse and deprivation of food or
water as tools to train, work, or otherwise handle animals (except that
short-term withholding of food or water is allowed as long as the
animals receive their full dietary requirements each day). Paragraphs
(b) and (c) of Sec. 2.131 set forth humane conditions for public
exhibition of animals, including providing that animals must be handled
in a manner that minimizes risk to the animals and the public, be given
rest periods, not be exposed to rough handling or extended periods of
exhibition that would be inconsistent with their good health and well-
being, and be under the supervision and control of knowledgeable
handlers at all times.
Regulations regarding personnel qualifications for trainers and
handlers are found in 9 CFR part 3, Sec. Sec. 3.85, 3.108, and 3.132.
These sections generally require that personnel have adequate knowledge
and experience to care for and handle the animals. Section 3.85
concerns nonhuman primates, Sec. 3.108 concerns marine mammals, and
Sec. 3.132 concerns animals such as bears, big cats, and elephants.
The general public, regulated industries, and APHIS inspectors have
requested that we provide more guidance on how to meet the requirements
of the regulations as they pertain to potentially dangerous animals. On
July 24, 1997 (62 FR 39802, Docket No. 97-001-1), we published a notice
in the Federal Register requesting information concerning what
practices are currently used for training and handling potentially
dangerous animals and what training and experience levels trainers and
handlers of such animals have. We requested this information to help us
more thoroughly examine all issues pertaining to the training and
handling of potentially dangerous animals. We received over 400
comments in response to the request for information. Some comments
contained guidance or training manuals used by individual facilities in
caring for and handling specific animals (elephants, big cats). Many
comments supported efforts to clarify the existing regulations to help
ensure the safe and humane handling of animals in exhibition.
Based on information received in the comments and our experience in
enforcing the AWA and the regulations, we have developed a draft policy
statement to provide more guidance to our inspectors and regulated
entities as to what we consider acceptable under the regulations for
the safe and humane handling and training of potentially dangerous
animals. We intend this policy to be used by exhibitors of potentially
dangerous animals as a basis for assessing the qualifications of their
personnel and evaluating their training and handling procedures. We
also intend that the policy statement place regulated entities on
notice regarding APHIS' interpretation of the regulations.
This policy statement is not a comprehensive guide on training and
handling potentially dangerous animals, nor is the policy intended to
replace any existing regulations or any existing industry standards. We
are unaware of any written standards recognized by the industry as a
whole. However, individual facility guides and many books and articles
exist that contain standards used by members of the industry for
training and handling a variety of potentially dangerous animals, and
adoption of this policy would not preclude use of those guides and
information. We believe the
[[Page 8319]]
guidance provided in this draft policy is reflective of industry
standards as they relate to the specific requirements in the AWA
regulations and is based on our experience in enforcing the AWA.
Further, the draft policy addresses a wide array of situations and
a variety of animals that have very different training and handling
needs. We recognize, for example, that what works for a polar bear may
not be applicable to a large cat. Likewise, what works for a permanent
exhibit may not be applicable to a traveling one. We intend the draft
policy to be used with this in mind, recognizing that certain
situations may warrant alternative arrangements, but with the goal
always being the safe and humane handling and training of the
particular animal in question.
The policy appears at the end of this document.
The draft policy statement is divided into three sections:
Personnel, Handling Techniques and Procedures, and Contingency Plans.
It describes what levels of knowledge and experience handlers,
trainers, and other personnel should have, what handling techniques and
procedures are unacceptable or inadvisable under the regulations
because they could result in harm to the animals or the public, and
what contingency plans should cover in the event that an animal becomes
aggressive.
We are seeking public comment on the content of the draft policy
statement before we implement it. We will also be holding a public
meeting at which the draft policy will be discussed further. The date
and location of the public meeting will be announced in a separate
notice in the Federal Register.
The draft policy is as follows:
Policy on Potentially Dangerous Animals; Personnel Requirements and
Training and Handling Requirements
References
Animal Welfare Act, section 13
9 CFR part 2, subpart I, section 2.131
9 CFR part 3, subpart D, section 3.85
9 CFR part 3, subpart E, section 3.108 (for polar bears only)
9 CFR part 3, subpart F, section 3.132
History
This is a new policy statement.
Justification
Personnel and training and handling regulations currently in use
under the Animal Welfare Act (AWA)(7 U.S.C. 2131 et seq.) are
performance-based. The general public, regulated industries, and APHIS
inspectors have requested over the past few years that we provide more
guidance to our inspectors and regulated entities on how to comply with
these regulations. Recent incidents of injury and/or death to members
of the public, handlers, and regulated animals have brought these
issues to the forefront. The following draft policy statement has been
developed to address these concerns and to assist regulated entities by
providing more guidance on how to comply with the regulations. This
policy statement is not intended to replace any existing regulations or
any existing industry standards, and adoption of this policy does not
preclude use of available industry guidance. The guidance provided in
this policy is reflective of industry standards as they relate to the
specific requirements in the AWA regulations and is based on our
experience in enforcing the AWA. Further, this policy addresses a wide
array of situations and a variety of animals that have very different
training and handling needs. We intend the draft policy to be used with
this in mind, recognizing that certain situations may warrant
alternative arrangements, but with the goal always being the safe and
humane handling and training of the particular animal in question in
accordance with the requirements of the regulations.
Policy
This draft policy is divided into three sections: Personnel,
Handling Techniques and Procedures, and Contingency Plans.
Section 1--Personnel
This section of the policy clarifies the requirements of
Secs. 2.131(c)(2) and (c)(3), 3.85, 3.108, and 3.132. In Sec. 2.131,
paragraph (c)(2) requires that, during periods of public contact (with
any type of animal) a responsible, knowledgeable, and readily
identifiable employee or attendant must be present at all times.
Paragraph (c)(3) of Sec. 2.131 requires that, during public exhibition,
potentially dangerous animals must be under the direct control and
supervision of a knowledgeable and experienced animal handler. Sections
3.85 (for nonhuman primates), 3.108 (for marine mammals), and 3.132
(for animals such as big cats, elephants, wolves, and bears) generally
require that there be a sufficient number of adequately trained
employees to maintain husbandry and care of the animals and that such
practices be under the supervision of someone who has a background in
care of that type of animal. The only marine mammals that APHIS
considers ``potentially dangerous'' within the context of this policy
statement are polar bears.
The following guidelines apply to personnel (trainers, handlers,
and attendants, whether volunteers or employees) who handle potentially
dangerous animals, including, but not limited to, big cats, elephants,
bears (including polar bears), and nonhuman primates. Questions or
concerns regarding personnel qualifications should be referred to the
appropriate Animal Care Regional Office for resolution.
What constitutes a sufficient number and adequate knowledge and
experience for animal handlers must be measured in the context of the
virtually infinite variety of public contact exhibitions. Sometimes the
animals are allowed to interact physically with the public; an example
would be photography sessions for the public with a lion cub. In other
cases it is intended that the animal will only be observed from a safe
distance although it is not physically confined as in a facility or
structure; an example would be an elephant in a circus ring.
A handler should have demonstrable knowledge of and skill in
currently accepted professional standards and techniques in animal
training and handling and in the husbandry and care requirements of the
species he or she is exhibiting. A handler should also be able to
recognize normal and abnormal behavior and signs of behavioral distress
for the species he or she is exhibiting. It is essential that the
handler be experienced and able to apply this knowledge for the safe
exhibition of the animal. Although it is difficult to quantify the
necessary length of experience, APHIS will closely scrutinize
situations where animals are placed under the care and control of a
handler without at least 2 years experience involving the species being
exhibited, including at least 1 year of experience handling that type
of animal in public contact situations.
As required by the regulations, every facility must use a
sufficient number of adequately trained employees or attendants for
normal husbandry and care, and, during public contact, must use
knowledgeable and experienced handlers. This is necessary to ensure the
safety and well-being of the animals, facility personnel, and the
public. To meet these requirements, a sufficient number of handlers
relative to the number of potentially dangerous animals should be
present whenever there is a public contact venue or high possibility of
public contact. Although it is difficult to quantify the number of
personnel which might be required, APHIS will closely scrutinize
situations
[[Page 8320]]
where there are not at least two qualified handlers present. In
addition, it may be necessary to have employees to guard against
members of the public inappropriately approaching animals; these
employees would need to be responsible but would not necessarily need
much experience in handling dangerous animals. APHIS will closely
scrutinize situations where attendants hired as day-labor or for the
term of a performance at a particular location are employed for any of
these purposes.
Section 2--Handling Techniques and Procedures
This section of the draft policy clarifies the requirements of--
2.131(a)(1), (a)(2)(i), (b)(1), (b)(3), and (c)(1-3). Paragraph (a)(1)
requires that handling of any animal must be done expeditiously and
carefully so as to not cause trauma, overheating, excessive cooling,
behavioral distress, physical harm, or discomfort. Paragraph (a)(2)(i)
prohibits the use of physical abuse to train, work, or handle any
animal. Paragraph (b)(1) requires that animals be handled during public
exhibition so there is minimal risk of harm to the animal and the
public, with sufficient distance and/or barriers between the animal and
the public to assure the safety of both. Paragraph (b)(3) prohibits
young or immature animals from being exposed to rough or excessive
public handling or from being exhibited for periods of time that would
be detrimental to their health or well-being. Paragraphs (c)(1) through
(c)(3) provide that the length and conditions of exhibition for any
animal must be consistent with the animal's health and well-being; a
responsible, knowledgeable, and readily identifiable employee or
attendant must be present at all times during public contact; and
potentially dangerous animals must be under the direct control and
supervision of a knowledgeable and experienced animal handler during
public exhibition.
Potentially dangerous animals can become aggressive during public
handling or exhibition and can cause serious harm to themselves, their
handlers, and members of the public. These regulations are intended to
ensure the safety and welfare of animals when they are being worked or
trained and to minimize the risk of harm to animals, facility
personnel, and the public during public exhibition.
We consider the following factors to be ones that may contribute to
physical harm or behavioral stress or be inconsistent with the animal's
good health and well-being. Other factors may also be harmful under the
regulations to the well-being of exhibited animals.
<bullet> Excessive environmental noise
<bullet> Excessive crowding around the animal
<bullet> Inappropriate age of the animal (too young or too old for the
type of exhibition)
<bullet> Excessive repeated posing or repositioning of the animal
<bullet> Failure to maintain flight (escape) distance
<bullet> Lifting animals by their limbs
<bullet> Too many or too long interactive sessions
<bullet> Threatening or aggressive postures or movements by other
animals or persons
This list is, of course, only representative of the virtually
infinite variety of practices which may be harmful and prohibited.
Dangerous animals such as bears and big cats should not be walked
or ``paraded'' among the public on a leash or tether unless the
licensee can show that the handler (alone or with other handlers and
attendants) has such physical control of the animal and the situation
so as to prevent contact with the public. Animals with a history of
aggressive or uncontrolled behavior should not be used for this
purpose.
During any activity in which a member of the public rides a
regulated animal (such as an elephant), an experienced handler must be
in direct physical control of the animal. In these situations and
others where the animal is restrained primarily by its training rather
than by physical means, an animal with a prior history (including even
a single incident) of aggressive and uncontrolled behavior should not
be used.
Photo booths open to the general public should not use animals that
cannot be physically restrained by the handler. APHIS will closely
scrutinize situations involving animals which weigh more than 75 pounds
or are over 4 months of age. Once again, an animal with a prior history
(including even a single incident) of aggressive and uncontrolled
behavior should not be used for this purpose.
Public contact venues must provide adequate safety barriers for
members of the general viewing public. These may include physical
barriers of sufficient strength and location to protect the public from
unwanted contact with animals, sufficient space between animals and the
public to afford the same protection, use of a sufficient number of
trained attendants to prevent unwanted contact, and/or equivalent
measures to assure the safety of the animals and the public.
Animals used in public contact venues should have sufficient
training and exposure to a variety of people and environmental
situations, for example, noise, crowds, and bright colors. This
training should be accomplished under rigidly controlled circumstances
that do not put people at risk. Once again, an animal with a prior
history (including even a single incident) of aggressive and
uncontrolled behavior should not be used for this purpose.
Exhibitors engaged in theatrical or entertainment activities
(television programs, movies, stage productions, commercials, photo
shoots, etc.) that use potentially dangerous animals where there is the
potential for direct contact with actors or models should use only
animals appropriately trained for the circumstances.
All fights (i.e., movie, television, theatrical productions, etc.)
between two or more animals should be simulated. Protected or staged
fights, in which one or more animals are muzzled, are discouraged and
would be closely scrutinized.
The following must also be considered in order to ensure that
handling is done in a manner that does not cause trauma, behavioral
stress, physical harm, or unnecessary discomfort, as required by
Sec. 2.131(a)(1), and because physical abuse to train, work, or handle
animals is prohibited under Sec. 2.131(a)(2)(i):
<bullet> Hot shots, shocking collars, or shocking belts should not
be used for training or to handle the animals during exhibition and any
such use will be closely scrutinized.
<bullet> An ankus may not be used in an abusive manner that causes
wounds or other injuries.
We would be remiss if we did not note that macaques should not be
used in situations where public contact is likely because they present
a risk of serious and fatal disease transmission and because of other
health and safety concerns (macaques carry diseases that are
particularly harmful to humans).
Section 3--Contingency Plans
Section 2.131(b)(1) of the regulations requires that handling of
animals during public exhibition must minimize the risk to animals and
the public. We would be remiss if we did not emphasize the importance
of contingency plans for addressing emergency situations and extended
periods of travel. In the event that a potentially dangerous animal
behaves in an aggressive or unexpected manner, contingency plans
provide methods to prevent the animal from harming the trainer,
handler, or members of the
[[Page 8321]]
public, which in turn minimizes the risk to the animal. A good
contingency plan can prevent the need to take action resulting in
injury to the animal in order to bring the animal under control.
We will closely scrutinize public exhibitions that do not employ
meaningful contingency plans. All employees responsible for using
emergency and recapture equipment should be trained in their use.
Contingency plans should be available to employees at all traveling
unit sites and home sites.
Contingency plans and related standard operating procedures should
address, but not be limited to, the following:
<bullet> Procedures for handling and recapturing escaped animals,
including, but not limited to, equipment to be used, people to be
contacted, and the chain of command during such a crisis.
<bullet> Criteria for deciding when to use various restraint
methods, and identification of the person who is responsible for making
such a decision. The level of force used, up to and including lethal
force, should be consistent with the situation.
<bullet> Protocols for euthanasia (for example, how the decision is
made; when lethal force is required and when an animal needs to be
euthanized for humane and/or safety reasons; methods to be used).
<bullet> Provisions concerning when to contact local law
enforcement and/or animal control officials and who to contact.
Based on the species, venue, and type of activities undertaken, the
availability and appropriate use of any or all of the following
emergency equipment should be considered in a contingency plan:
<bullet> CO<INF>2</INF> Fire Extinguishers--These are a well-
accepted means of breaking up fights between big cats and of breaking
off an attack on a person. Operational CO<INF>2</INF> fire
extinguishers, or an equivalent distraction, should be available
whenever cats are in contact with the handlers or the public.
<bullet> High Pressure Hoses/Fire Hoses--These can be used in the
same manner as CO<INF>2</INF> fire extinguishers.
<bullet> Pepper Sprays/Mace, etc.--The effectiveness may vary
between species and individuals, but these may be a useful emergency
tool.
<bullet> Darting Equipment--Consider use of darting equipment in
contingency planning, although reliability, onset of tranquilization,
and safety of the public need to be evaluated.
<bullet> Radios--Radios allow for quick communication to management
and support personnel. Also, during public contact exhibition, handlers
and other personnel should carry radios.
<bullet> Capture Nets--These may be useful in controlling/capturing
escaped or uncooperative animals.
<bullet> Cell Phones--Consider use whenever animals are moved off-
site for demonstrations/exhibition.
<bullet> Crowd Control Fencing--This fencing (such as rolls of
plastic fencing) can be used to keep the viewing public out of
restricted areas.
Done in Washington, DC, this 14th day of February 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-3920 Filed 2-17-00; 8:45 am]
BILLING CODE 3410-34-P
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