[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Proposed Rules]
[Pages 45322-45323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15516]


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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