[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Proposed Rules]
[Pages 1151-1154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00021]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 1, 2, and 3
[Docket No. APHIS-2022-0022]
RIN 0579-AE69
Wild and Exotic Animal Handling, Training of Personnel Involved
With Public Handling of Wild and Exotic Animals, and Environmental
Enrichment for Species
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Advance notice of proposed rulemaking and request for comments.
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SUMMARY: We are soliciting public comment on our plan to strengthen
regulations regarding the handling of wild and exotic animals for
exhibition, as well as the training of personnel involved in the
handling of wild and exotic animals, and to establish standards
addressing environmental enrichment for all regulated animals. The
changes we are considering would help ensure the humane handling and
treatment of exhibited animals, as well as the health and well-being of
all animals covered under the Animal Welfare Act.
DATES: We will consider all comments that we receive on or before March
10, 2023.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Enter APHIS-2022-0022 in the Search field. Select the Documents tab,
then select the Comment button in the list of documents.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2022-0022, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.10, 4700 River Road, Unit 118, Riverdale, MD
20737-1238.
Supporting documents and any comments we receive on this docket may
be viewed at www.regulations.gov or in our reading room, which is
located in room 1620 of the USDA South Building, 14th Street and
Independence
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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) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Dr. Lance H. Bassage, VMD, Director,
National Policy Staff, Animal Care, APHIS, 4700 River Road, Unit 84,
Riverdale, MD 20737; [email protected]; (970) 494-7478.
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 Secretary has delegated responsibility for administering
the AWA to the Administrator of the U.S. Department of Agriculture's
Animal and Plant Health Inspection Service (APHIS). Within APHIS, the
responsibility for administering the AWA has been delegated to the
Deputy Administrator for Animal Care. Regulations and standards
established under the AWA are contained in 9 CFR parts 1, 2, and 3
(referred to below as the regulations). Part 1 contains definitions for
terms used in parts 2 and 3; and part 2 provides administrative
requirements and sets forth institutional responsibilities for
regulated parties. Within part 2, subpart I contains, among other
things, requirements for the handling of wild or exotic animals. Part 3
contains specifications for the humane handling, care, treatment, and
transportation of animals covered by the AWA.
Currently, there are 1,970 active class C (exhibitor) licenses;
since 2019, roughly 70 to 145 new licenses have been approved each
year. Under the current regulations, licensees who maintain wild or
exotic animals must demonstrate adequate experience and knowledge of
the species they maintain (9 CFR 2.131(a)). The regulations also
require that all animals be handled 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 physical abuse (9 CFR 2.131(b)), and during public
exhibition, be handled so there is minimal risk of harm to the animal
and to the public, with sufficient distance and/or barriers between the
animal and the general viewing public so as to assure the safety of
animals and the public (9 CFR 2.131(c)(1)). APHIS ensures licensees
meet these criteria and are compliant with the regulations during on-
site inspections of the facilities prior to licensure and at various
intervals throughout the 3-year license period (regularly scheduled
routine inspections and focused inspections following up on non-
compliances or in response to complaints). We believe that providing
greater regulatory clarity regarding the requirements to demonstrate
``adequate experience and knowledge'' of the species being maintained
and to maintain ``sufficient distance and/or barriers between the
animal and the general viewing public'' would benefit licensees, Animal
Care inspectors, and the public, and would aid in the enforcement of
the AWA.
Insufficient experience and knowledge of personnel and inadequate
safeguards in activities involving exhibited animals can endanger both
the animals and the public, particularly in activities involving public
contact with wild or exotic animals. In 2021, 44.4 percent (969/2182)
of APHIS' licensed exhibitors offered interactions between the public
and animals as part of their business, representing a 1.8-fold increase
from 2019 (25 percent; 505/2024). Between 2019 and 2021, 119
``handling'' non-compliances were reported in eFile on APHIS inspection
reports, 12.6 percent of which led to human or animal injury, or animal
death. Species used in such interactions include large carnivores,
megavertebrates, and nonhuman primates. Most interactions involved full
contact (32 percent) or protected contact (43.7 percent) interactions
between animals and the public. The risks to public safety inherent in
these activities place the animals involved at an increased risk for
harm. In situations in which an animal may pose a risk to public safety
(for example, a child entering an animal's enclosure), the animal may
be euthanized or otherwise harmed in an attempt to protect the public.
Another area that may warrant amendment of the current regulations
is environmental enrichment for regulated animals. The current
regulations regarding environmental enrichment are limited to
addressing the needs of non-human primates and marine mammals. These
requirements include developing, documenting, and following a plan
addressing the non-human primates' social needs (9 CFR 3.81(a)), and a
physical environment allowing the non-human primates to express
species-typical activities (9 CFR 3.81(b)).
It is well-understood that environmental enrichment for animals
under a licensee's care is vital to their psychological health and
welfare. The most common concern regarding enrichment noted by APHIS
inspectors of licensees exhibiting species other than non-human
primates has been a complete lack of any enrichment or a barren
environment, followed by single housing of social species, and an
inability to express species-typical behaviors.
In light of the concerns regarding interactions between wild or
exotic animals and the public, the lack of specificity regarding the
requirement to demonstrate ``adequate experience and knowledge'' in the
species being maintained, and the lack of requirements for
environmental enrichment of all regulated animals, APHIS is
contemplating amendments to the regulations.
Definitions of Category 1, 2, and 3 Animals
To ensure that any regulations we promulgate regarding the public
handling of exhibited animals account for the varying levels of risk
involved with different species, we are contemplating categorizing
animals into three categories.
Category 1 animals would refer to exotic or wild animals with the
capability or potential to cause severe injury, dismemberment, or death
to the public or staff. Animals in this category would include
cheetahs, panthers, bobcats, lynxes, bears, wolves, coyotes, large
primates (macaques, baboons, nonbrachiating species larger than 33
pounds, great apes), killer whales, walruses, zebras and zebra hybrids,
large bovids (for example, bushbucks, kudus, nyalas, elands, bongos,
sitatungas, bisons, buffalos, anoas, saolas, guars, bantengs, non-
domesticated yaks, roans, sables, bluebucks, oryxes, addaxes,
waterbucks, kobs, lechwes, and reedbucks), elephants, rhinoceroses,
exotic canids (not otherwise listed), hippopotamuses, hyenas, clouded
leopards, wolverines, onagers, Przewalski's horses, and wild asses.
Category 2 animals would include exotic or wild animals with the
capability or potential to cause injury to the public or staff that is
serious but not likely to be severe or life-threatening. Animals in
this category would include small primates (callitrichids, capuchins,
squirrel monkeys, lemurs, spider monkeys, gibbons, small African
primate species), sloths, coatis, river
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otters, raccoons, camels, dolphins, pinnipeds, giraffes, kangaroos,
other wild or exotic mammals (not otherwise listed in any category),
wallabies, skunks/polecats, foxes, other primates (not otherwise listed
in any category), wolf hybrids, medium bovids (for example, gazelles,
springboks, blackbucks, gerenuks, duikers, impalas, tsessebes, topis,
bonteboks, blesboks, hartebeests, wildebeests), servals, caracals, sand
cats, ocelots, feline hybrid crosses, other exotic felines (not
otherwise listed in any category), nondomestic pigs, okapis, beluga
whales, wallaroos, meerkats, other marine mammals, civets, minks, giant
anteaters, aardvarks, martins, mongooses, koalas, tapirs, peccaries,
jaguarundis, javelinas, pigmy hippos, and other exotic canids (foxes,
singing dogs, jackals, bush dogs).
Category 3 animals would include common farm animals and ``pocket
pets'' (small exotic and domestic mammals) that are unlikely to cause
serious injury to the public or staff. Animals in this category would
include farm animals as defined by the AWA regulations in 9 CFR 1.1
(such as domestic bovines, sheep, goats, llamas, horses, domestic pigs,
and rabbits, among others), guinea pigs, other cavy species, hedgehogs,
other rodents, small and large cervids, opossums, porcupines, ferrets,
kinkajous, armadillos, capybaras, sugar gliders, tenrecs, tamanduas,
degus, agoutis, and guanacos.
We are seeking comment on whether classifying the animals is a
useful regulatory framework and whether we have classified the above
animals into the appropriate risk categories. Particularly, we are
interested in receiving comments on whether any animals should be added
or removed from the lists of animals that we have tentatively
classified as Category 1, 2, or 3, and, if the animal should be removed
from its current classification, which category it should be placed in.
Types of Public Contact Activities With Exhibited Animals
With the aforementioned categories in mind, we are considering
specifying regulatory requirements regarding public contact with
animals that are commensurate with the risk posed by such animals. We
are considering formulating such regulations for four types of public
contact activities:
Full contact activities: The public is in a shared space
with animals with no barriers between the public and the animals, and
direct physical contact is permitted or encouraged. Examples may
include hand-feeding animals, photo opportunities, other hands-on
encounters with animals, or rides on animals, all of which take place
without any barriers in place between the public and the animal(s).
Protected contact activities: A partial barrier separates
the public and the animals, an attendant is present, and direct
physical contact is permitted. Examples may include certain feeding
activities, certain photo opportunities, certain drive-through exhibits
(where guests are able to hand-feed or touch animals), or exhibits with
PVC treat tubes.
Walk-/Drive-Through Exhibits: The public is in shared
space with animals, but direct physical contact is not permitted.
Examples may include aviary-type exhibits, kangaroo walk-abouts, or
drive-through parks where guests are in ``closed'' vehicles and are
unable to feed or touch the animals.
Performances: Performing animal shows in which there may
be a partial barrier or no barrier between the public and animals, and
direct physical contact is not permitted.
We are seeking comment on whether the above categories are
appropriate, and if the distinctions between these four types of public
contact activities are sufficiently clear, or whether they need further
clarification.
Public Contact Activities With Exhibited Animals
For all public contact activities outlined above (full contact
activities, protected contact activities, walk-/drive-through exhibits,
and performances) involving regulated animals, we are considering
developing general requirements that would promote animal welfare by
minimizing risk to the animals, facility staff, and the public and that
are commensurate with the risk posed by such animals.
Regulations could include, for example, activity-specific
restrictions that would minimize risk; training requirements for the
licensee and its employees; restrictions on participants (for example,
age or number of people participating); and requirements for the animal
involved (considering, for example, the risk to the public posed by the
animal, including the animal's age, stage of development, or
vaccination status).
We are considering requiring licensees to develop and implement a
written plan specifying the measures that they will take to ensure
compliance with the regulatory requirements for all public contact
activities. The written plan would need to be signed and approved by an
attending veterinarian and be available, upon request, for review by
APHIS officials. A failure to follow the written plan would constitute
a non-compliance with the AWA regulations and may result in enforcement
proceedings.
We are seeking comment on our approach to regulating public contact
activities with exhibited animals. Particularly, we are interested in
receiving comments on the following questions:
What general requirements should apply to all public
contact activities, regardless of category (or species) of animal
involved?
What requirements or restrictions should apply to each of
the four types of public contact activities involving Category 1
animals?
What requirements or restrictions should apply to each of
the four types of public contact activities involving Category 2
animals?
What requirements or restrictions should apply to each of
the four types of public contact activities involving Category 3
animals?
Are there any requirements or restrictions that should
apply only to a particular species involved in any one of the four
types of public contact activities?
Should any specific type of public contact activity
involving any specific category of animal (or species) be prohibited?
Should we require that an exhibitor file a written report
within a specified period of time in the event of an animal escape,
animal injury, or injury to the licensee or a member of the licensee's
staff or the public? Should this requirement be limited to escapes or
injuries involving specific categories (or species) of animals?
If we choose to require a written plan specifying the
measures that the licensee will take to ensure compliance with the
regulatory requirements for all public contact activities, what
specific requirements should the attending veterinarian consider when
reviewing and/or approving public contact activities for each category
(or species) of animal?
What direct costs may be associated with developing a
written plan for compliance for all public contact activities,
including the cost and time it may take to develop a plan?
Are there any reasonably foreseeable indirect costs (e.g.,
opportunity costs or overhead) that stem from the direct costs of
developing a plan?
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Training of Individuals Handling Wild or Exotic Animals
We are also contemplating adding regulations regarding the training
of licensees and staff of exhibitors who handle Category 1 and 2
animals at any time (including, but not limited to, handling during
public contact activities). We welcome comments regarding training
requirements that licensed exhibitors should be required to meet. We
are particularly interested in comments regarding the nature of
training that currently exists in the absence of APHIS requirements,
including, but not limited to, the required duration and content of
training, any particular training requirements for exhibitors who
handle particular categories or species of animals, any differences in
training requirements based on the extent or nature of the employee or
volunteer's interaction with the animal, and any challenges that may
exist in obtaining the necessary training. We are also seeking public
comment on the costs that could be associated with training, if we were
to require it, including the length of time that would be required to
complete the training.
Environmental Enrichment for Animals
As noted earlier, the regulations currently only contain
requirements for the environmental enrichment of non-human primates and
marine mammals. We are contemplating adding regulatory requirements to
address species-specific environmental enrichment for all regulated
animals. Enrichments may address the psychological needs of species
known to exist in social groups; species-specific feeding, foraging,
and food acquisition behaviors; and enclosure space, lighting, and
design that allow for species-typical behaviors.
Environmental enrichment requirements could be implemented as
performance standards, and licensees and registrants would be able to
use their own expertise to determine the specific measures that they
would implement to meet the proposed requirements. If this approach
were adopted, we would require licensees and registrants to develop and
implement a written plan specifying the measures that they would take
to provide for the environmental enrichment of the animals in their
care that would be signed and approved by an attending veterinarian and
made available to APHIS officials upon request. We anticipate that the
licensee/registrant would be required to monitor the plan on an ongoing
basis in order to ensure compliance with the plan and to make
adjustments if warranted.
We are seeking comment on this approach to regulating environmental
enrichment for regulated animals. Particularly, we are interested in
receiving comments on the following questions:
What, if any, general environmental enrichments should be
required for all species?
What environmental enrichments addressing psychological
needs should be required for social species (in general or for
particular species)?
What environmental enrichments addressing natural feeding,
foraging, and food acquisition behaviors should be required for animals
in general, for certain taxa of animals, or for particular species?
What environmental enrichments addressing enclosure space,
lighting, and design to allow for species-typical behaviors should be
required for animals in general, for certain taxa of animals, or for
particular species?
Are there other components or types of environmental
enrichments we should consider when developing environmental enrichment
requirements for certain taxa of animals or for particular species?
If we choose to require a written plan, what specific
requirements should the attending veterinarian consider when reviewing
and/or approving the written plan?
If environmental enrichment requirements were presented as
performance standards, what guidance could APHIS provide to assist
licensees and registrants to meet the performance standards?
What direct costs may be associated with providing
environment enrichment for the potentially affected animals in each
category?
Are there any reasonably foreseeable indirect costs (e.g.,
opportunity costs or overhead) that stem from these direct costs?
Environmental Impacts
APHIS seeks public comment on whether the changes being considered
may require the preparation of an environmental assessment or
environmental impact statement pursuant to the National Environmental
Policy Act (NEPA). Comments will help inform APHIS as to the
applicability of NEPA to modifications to the regulations regarding the
handling of wild or exotic animals and environmental enrichment for
animals.
Economic Considerations
APHIS seeks public comment on economic cost considerations for
businesses, and in particular small businesses, associated with the
amendments being considered. Specifically, we invite public comments on
the number of entities that would be potentially impacted by the
amendments to the regulations should we proceed to a proposed rule, and
the costs associated with these amendments, and detailed comments on
any additional costs that could be associated with the amendments to
the regulations.
We welcome all comments on the issues outlined above and encourage
the inclusion of supporting data.
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.
Done in Washington, DC, this 21st day of December, 2022.
Jennifer Moffitt,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 2023-00021 Filed 1-6-23; 8:45 am]
BILLING CODE 3410-34-P