[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Proposed Rules]
[Page 30601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12135]


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

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.

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

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]
BILLING CODE 3410-34-P