[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Notices]
[Pages 15826-15827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8536]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register/Vol. 63, No. 62/Wednesday, April 1, 1998/Notices

[[Page 15826]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service
[Docket No. 98-007-1]


Animal Welfare; Veterinary Care for Elephants

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Policy statement.

-----------------------------------------------------------------------

SUMMARY: Regulations promulgated under the Animal Welfare Act require 
animal dealers and exhibitors to establish and use appropriate methods 
to prevent, control, diagnose, and treat diseases in animals covered by 
the Act. This document gives notice that, for elephant dealers and 
exhibitors, appropriate methods must include periodic testing of their 
elephants for tuberculosis and, if necessary, treating them for 
tuberculosis and/or quarantining them. In addition, to protect the 
health of elephants that have not been exposed to the disease, all 
attendants, handlers, and trainees who have direct contact with 
elephants must be tested for tuberculosis on at least an annual basis. 
We are taking this action because several cases of tuberculosis, a 
potentially fatal disease affecting humans and many species of animals, 
have been diagnosed in the United States among elephants, which are 
regulated under the Animal Welfare Act.

FOR FURTHER INFORMATION CONTACT: Dr. Bettye K. Walters, Staff 
Veterinarian, Animal Care, APHIS, USDA, 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, 
housing, 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.
    Subpart D of 9 CFR part 2 consists of Sec. 2.40, ``Attending 
veterinarian and adequate veterinary care (dealers and exhibitors).'' 
Paragraph (b) of Sec. 2.40 requires each dealer and exhibitor to 
establish and maintain programs of adequate veterinary care, and 
paragraph (b)(2) requires, specifically, ``the use of appropriate 
methods to prevent, control, diagnose, and treat diseases and injuries 
* * *'' of regulated animals.
    We have determined that, to comply with Sec. 2.40, dealers and 
exhibitors of elephants must take specific actions to prevent, control, 
diagnose, and treat tuberculosis, a contagious disease affecting many 
species of animals, including elephants, and humans. If left untreated 
or if treated improperly, tuberculosis can cause death. Recently, 
several elephants owned by AWA-licensed exhibitors have tested culture 
positive for tuberculosis, and a few elephants have died from this 
disease. Elephants with tuberculosis can transmit the disease to other 
elephants, other animals, and, potentially, to humans.
    In response to concerns about the incidence of tuberculosis among 
several species of animals, the Tuberculosis Committee of the U.S. 
Animal Health Association recently formed the National Tuberculosis 
Working Group for Zoo and Wildlife Species. This working group, with 
broad participation from several organizations, including the American 
Association of Zoo Veterinarians and the American Zoo and Aquarium 
Association, developed guidelines, completed in November 1997, for the 
control of tuberculosis in elephants. The guidelines specify criteria 
for the testing, surveillance, and treatment of elephants for 
tuberculosis and establish travel restrictions and quarantines for 
elephants that fall into certain categories. Because the possibility 
exists that humans could transmit the disease to elephants, the 
guidelines also require that all persons such as attendants, handlers, 
and trainees that have direct contact with elephants be tested for 
tuberculosis on at least an annual basis.
    We are giving notice that dealers and exhibitors of elephants must 
either follow the guidelines developed by the National Tuberculosis 
Working Group for Zoo and Wildlife Species or provide a comparable 
testing and monitoring protocol that meets our goals of ensuring the 
welfare of elephants and minimizing the potential spread of 
tuberculosis. Dealers and exhibitors who wish to use a protocol other 
than the recommended guidelines must have the protocol reviewed and 
approved by APHIS prior to implementation. To request a copy of the 
guidelines or to request review of an alternate protocol, contact one 
of our Animal Care regional offices:

Eastern Regional Office, Annapolis, MD, (410) 571-8692;
Central Regional Office, Ft. Worth, TX, (817) 885-6923;
Western Regional Office, Sacramento, CA, (916) 857-6205.

    In addition, a copy of the guidelines is available for review in 
the APHIS reading room at USDA, room 1141, South Building, 14th Street 
and Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 
p.m., Monday through Friday, except holidays. Persons wishing to gain 
access to the reading room are requested to call ahead on (202) 690-
2817 to facilitate entry. The guidelines are also available on the 
Internet at www.aphis.usda.gov/ac.
    Notice of this policy change was given in January 1998 to all AWA-
licensed dealers and exhibitors of elephants. This policy change is in 
effect, and dealers and exhibitors are expected to be in compliance. 
Dealers and exhibitors must maintain documentation that elephants are 
being cared for in accordance with the recommended guidelines or an 
APHIS-approved protocol, and APHIS inspectors will review such 
documentation during routine inspections. The information collection 
requirements associated with programs of adequate veterinary care have 
been approved by the Office of Management and Budget under control 
number 0579-0036.


[[Page 15827]]


    Done in Washington, DC, this 24th day of March 1998.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-8536 Filed 3-31-98; 8:45 am]
BILLING CODE 3410-34-P