[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Rules and Regulations]
[Pages 50244-50245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25482]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 1 and 3

[Docket No. 95-078-4]
RIN 0579-AA74


Humane Treatment of Dogs; Tethering; Clarification

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; clarification.

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SUMMARY: On August 13, 1997, we published in the Federal Register (62 
FR 43272-43275, Docket No. 95-078-2) a final rule that removed the 
option for facilities regulated under the Animal Welfare Act to use 
tethering as a means of primary enclosure. We also added a provision to 
the regulations to permit regulated facilities to temporarily tether a 
dog if they obtain approval from the Animal and Plant Health Inspection 
Service. The purpose of this notice is to clarify what kinds of 
facilities are regulated under the Animal Welfare Act and, 
subsequently, what kinds of facilities must comply with the final rule 
on tethering.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Smith, Staff Animal Health 
Technician, Animal Care, APHIS, suite 6D02, 4700 River Road Unit 84, 
Riverdale, MD 20737-1234, (301) 734-4972, or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On August 13, 1997, we published in the Federal Register (62 FR 
43272-43275, Docket No. 95-078-2) a final rule that amended the 
regulations by removing the option for facilities regulated under the 
Animal Welfare Act to use tethering as a means of primary enclosure. We 
also added a provision to the regulations to state that regulated 
facilities may temporarily tether a dog if they obtain approval from 
the Animal and Plant Health Inspection Service (APHIS).
    This rulemaking was based on our experience in enforcing the Animal 
Welfare Act, which has shown that tethering can be an inhumane practice 
when used as a means of primary enclosure in facilities regulated under 
the Animal Welfare Act. Typically, this inappropriate use of tethering 
involves dogs that are permanently tethered without opportunity for 
regular exercise. This was the basis for our position that tethering is 
inhumane. However, we recognize that under other circumstances 
(intermittent use, dogs are vigorously exercised, pets are on running 
tethers, dogs have close oversight, etc.) the use of tethering may be 
entirely appropriate and humane. We did not intend to imply that 
tethering of dogs under all circumstances is inhumane, nor that 
tethering under any circumstances must be prohibited.
    Since publication of the final rule, we have been made aware that 
some members of the public are confused as to who must comply with this 
final rule. We have received numerous inquiries from various kinds of 
dog owners who tether their dogs. These dog owners are concerned that, 
pursuant to the final rule, they will no longer be able to tether their 
dogs. We are publishing this notice in order to make it clear who must 
comply with the final rule, and

[[Page 50245]]

who is not subject to the provisions of the final rule.
    The final rule regarding tethering of dogs was issued under the 
authority of the Animal Welfare Act. The Animal Welfare Act authorizes 
APHIS to license, register, and regulate animal dealers, animal 
transporters, animal exhibitors, and research facilities that sell, 
transport, exhibit, or use certain kinds of animals, including dogs. 
Regulations established under the Act are contained in 9 CFR parts 1, 
2, and 3. Subpart A of 9 CFR part 3 contains requirements concerning 
dogs and cats.
    With regard to dogs sold, transported, exhibited, or used in 
research by persons subject to the Animal Welfare Act, APHIS' 
regulations are intended to ensure that the dogs are given proper and 
humane care. Persons subject to the Animal Welfare Act include persons 
who sell dogs wholesale or breed dogs to sell wholesale, sell dogs to 
laboratories for research purposes or breed dogs for sale to 
laboratories for research purposes, broker dogs, operate an auction at 
which dogs are sold, or give dogs as prizes as part of a promotion. 
Transporters of dogs, such as airlines, railroads, motor carriers, and 
handlers contracted to transport dogs, are also subject to the Animal 
Welfare Act. Additionally, persons who exhibit dogs (such as circuses 
or carnivals) and laboratories that use dogs for research are subject 
to the Animal Welfare Act. These are the groups that must comply with 
the final rule prohibiting permanent tethering of dogs as a means of 
primary enclosure. However, any person required to comply with the 
final rule may request approval from APHIS to temporarily tether a dog.
    Any person who is not subject to the Animal Welfare Act does not 
have to comply with the final rule on tethering, and may continue to 
tether their dogs. Persons who own dogs as pets are not subject to the 
Animal Welfare Act. Persons who breed dogs as a hobby, and do not sell 
them wholesale, are not subject to the Animal Welfare Act. Dog mushers 
and owners of guard dogs or hunting dogs are not subject to the Animal 
Welfare Act. Therefore, these entities are not subject to and do not 
have to comply with APHIS' final rule regarding tethering of dogs. 
APHIS has no authority under the Animal Welfare Act to prohibit 
tethering of dogs by persons who are not subject to the Act.
    Individuals most likely to be affected by the final rule on 
tethering are those licensed by APHIS as Class A and Class B dealers of 
dogs. This includes persons who sell dogs wholesale, breed dogs to sell 
wholesale, sell dogs to laboratories for research purposes, or breed 
dogs for sale to laboratories for research purposes. Most dog breeder 
and wholesale industry organizations agree that tethering is not a 
humane means of primary enclosure for dogs when used under the 
circumstances typical to breeding and wholesale facilities. Many of 
these organizations already prohibit member facilities from using 
tethering as a means of primary enclosure. For this reason, using 
tethering as a means of primary enclosure is rare among licensed Class 
A and Class B dog dealers. We recognize that many persons not subject 
to the Animal Welfare Act do tether their dogs. Persons not regulated 
under the Animal Welfare Act who tether their dogs are likely to be 
using this means of restraint under circumstances different than those 
typical to breeding and wholesale facilities. In these cases, tethering 
may be a humane method of restraint. Regardless, APHIS does not have 
the authority to regulate the activities of dog owners who are not 
subject to the Animal Welfare Act.

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g).

    Done in Washington, DC, this 22nd day of September 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-25482 Filed 9-24-97; 8:45 am]
BILLING CODE 3410-34-P