SPRING 2018 / VOLUME 67 / NUMBER 1 Animal Welfare Institute Jill Carey, CPA, Treasurer Jill Carey, CPA John WBoyd, Jr. breeders, exhibitors, andlaboratories would escape the Under thisproposal, puppy millsandotherunscrupulous self-policing.allow industry registered underthe[AWA].” Translation: APHISwants to APHIS inspectionfrequencies atfacilities licensed or certification programs asapositive factor whendetermining on how itshould recognize “third-party inspectionand for AWA andHorse Protection Act enforcement, wants input Plant Health InspectionService (APHIS), whichisresponsible of theindustries thatexploit them.TheUSDA’s Animaland Animal Welfare Act (AWA) by puttinganimalsatthemercy comment onadiscredited idea thatwould underminethe ofAgricultureThe USDepartment issoliciting public Industry (Secretly) Police Itself USDA Proposes Letting SPOTLIGHT Samuel Peacock, MD Roger Payne, PhD Roger Fouts, PhD Mary Lee Jensvold,Mary PhD Christine Stevens Gerard Bertrand, PhD Caroline Griffin,Esq., Secretary Cynthia Wilson, Vice President Cathy Liss, President Chris Miller, DVM Cathy Liss Caroline AGriffin,Esq. Cynthia Wilson, Chair SCIENTIFIC COMMITTEE OFFICERS DIRECTORS FOUNDER John Walsh, MD Senior Policy Advisor Specialist Graphic Designer Agnes Van Volkenburgh, DVM, Angela King, United Kingdom Ambassador Tabarak Husain, Aline SdeAluja,DVM, Mexico Alexandra Alberg Bangladesh Poland International Wildlife Program Director, Government Affairs Executive Director/General Counsel Marine AnimalConsultant Sue Fisher Viktor Reinhardt, DVM, PhD Robert Schmidt,PhD Bill Clark, PhD Bill Clark, Nancy Blaney Nadia Adawi, Esq. Kate Dylewsky STAFF AND CONSULTANTS INTERNATIONAL COMMITTEE you do not support it. you donotsupport www.awionline.org/usda-privatize andtell thedepartment USDA wants to hear from thepubliconthisplan,please visit enforcement mechanismsavailable underthelaw. Since the staff, for publicaccess to inspection and reports, for the compliance inspectionsconducted by theUSDA’s experienced thereIn short, isnosubstitute for theunannounced fine to settle 51willful violationsofthe AWA. up for various infractions; oneaccredited zoo paid a$45,000 other animals. AZA-accredited exhibitors have beenwritten resulted inthesuffering anddeaths ofmonkeys, rabbits, and Another was cited repeatedly for along listofproblems that careveterinary andenvironmental enrichmentfor primates. accredited research institutionwas cited for shortcomings in Animal Care International (AAALAC). Oneprominent AALAC- Association for Assessment andAccreditation ofLaboratory Quarterly, spring2012—at laboratories accredited by the of Zoos &Aquariums (AZA)and—asnoted intheAWI numerous deficiencies at zoos accredited by theAssociation Self-policing rarely works. USDA inspectors have reported reports would notbepublicly available. be infrequent andannounced beforehand, andresulting tradeinspected groups. by industry Such“inspections” would stricter scrutiny oftheUSDA ifthey are accredited and Senior Graphic Designer Senior Advisor, Animal Coordinator Cruelty Programs Alicia Prygoski Amey Owen Ava Rinehart Farm AnimalPolicy Associate Public Relations Coordinator Policy Advisor Director, MarineAnimalProgram Researcher Director, Farm AnimalProgram Marine AnimalConsultant Membership Coordinator Marine MammalScientist Susan Millward Website andCommunications Ryan Ososki Kate O’Connell Eric Kleiman Dena Jones Brittany Bailey Haley Frevert Naomi Rose, PhD Mary Lou Randour,Mary PhD Tara Zuardo, Esq. CFC# 10474 Tax ID#13-5655952 ISSN 1930-5109 (online) ISSN 1071-1384 (print) www.awionline.org [email protected] (202) 337-2332 Washington, DC20003 900 Pennsylvania Avenue, SE Animal Welfare Institute information, contact: For subscription inquiries orother Staff Attorney, Farm AnimalProgram Executive Assistant Wildlife Attorney Writer/Editor Wildlife Biologist Dave Tilford Erin Thompson, Esq. Regina Terlau-Benford D.J. Schubert 18 ACORN WOODPECKER/ANDY REAGO & CHRISSY MCCLARREN CHRISSY & REAGO WOODPECKER/ANDY ACORN

AWI QUARTERLY SPRING 2018

ANIMALS IN LABORATORIES WILDLIFE 22 Caregivers in Research Say Animals 6 AWI Promotes Animal Protection at Calmed by Conversation CITES Standing Committee Meeting 9 USFWS Seeks Political Seats at COMPANION ANIMALS the Science Table 25 Law Enforcement Agencies Ramp Up 9 Sanctuary Secured for Longsuff ering Eff orts to Address Animal Cruelty Elephant 26 USDA Keeps Extending the Leash on 10 Airlines Put Hunting Trophies on Abusive Dog Breeder Infrequent-Flyer List 16 Costa Rica Adopts Enlightened ABOUT THE COVER FARM ANIMALS Wildlife Rules A male lion in Kenya’s Masai Mara 19 Good Food Purchasing Program 18 2018: The Year of the Bird National Reserve strikes a regal Promotes Animal Welfare 29 Name Brands Complicit in pose. Although this lion is protected 20 USDA Thumbs Nose at Public, Moves Kangaroo Slaughter from trophy hunters, other African to Withdraw Organic Animal Rule lions—particularly in southern African 20 Another Ag-Gag Law Ruled GOVERNMENT AFFAIRS nations—are not so fortunate. Unconstitutional 2 USDA Proposes Letting Industry 21 Drawing a Curtain on Cruel (Secretly) Police Itself Confi nement of Veal Calves 14 Trump Tweets Distaste for US policy on trophy hunting is in limbo: The US Department of the Interior 21 California Ballot Initiative Seeks Tusker Trophies Stronger Confi nement Ban 15 House Majority Leader Asked to is touting its supposed economic Move Key Bills benefi ts and seeking to lift restrictions on trophy imports. President Trump, HUMANE EDUCATION 15 SEA Act Drops Anchor on Marine Species however, seems of a diff erent mind on 32 “A Voice for Animals” Contest Is Back 15 Zinke Zaps Migratory Bird Treaty Act 15 Appropriations Bills Pull Plug on the matter (see page 14). Many airlines, meanwhile, have taken a clearer MARINE LIFE Wildlife Protections stand, denying transport of trophies 4 AWI Sues over Access to Tilikum 24 States and Cities Opting Out of taken from Africa’s “big fi ve”—lions, Necropsy Circus Animal Acts elephants, rhinos, leopards, and 4 Captive Orca Gets Day in Court 24 Pennsylvania, Texas Take Aim at Animal Cruelty buff aloes (see page 10). Photograph by 4 Vancouver Aquarium Calls It Quits Doug Perrine/Minden Pictures. on Cetacean Display 5 AWI Welcomes Increased Clamor REVIEWS over Ocean Noise 30 Kangaroo

5 Switzerland Bans Live Boiling of Lobsters 31 The Inner Life of Animals become a fan on Facebook at www.facebook.com/animalwelfareinstitute 5 AWI Files Suit to Save Vaquita 31 Wolf Nation follow us on Twitter: @AWIonline MARINE LIFE

AWI SUES OVER ACCESS information critical to science—one only for research. And the last was when TO TILIKUM NECROPSY of the justifications for public display Loro Parque announced late last year under the law—that would shed light that Morgan was pregnant; the Dutch AWI filed suit in January against the on the lives and deaths of these orcas. had not authorized her use for breeding, National Oceanic and Atmospheric yet the Spanish government allowed it. Administration (NOAA) and the National Marine Fisheries Service The three judges were clearly engaged (NMFS) related to the agencies’ refusal CAPTIVE ORCA GETS and asked excellent questions of all to enforce requirements for SeaWorld DAY IN COURT parties to the legal action. It is our Parks and Entertainment to submit hope that they will conclude that the necropsy results of three orcas who died On January 23, in Utrecht, the Netherlands still has the authority and last year—including Tilikum, the orca Netherlands, an appeals court heard jurisdiction to determine Morgan’s featured in the documentary Blackfish. the arguments of the Free Morgan fate. Ideally, she would then be Foundation (FMF) for revoking the brought back to Scandinavia and a SeaWorld is obligated under display certificate (permit) that allowed seaside sanctuary. At the very least, permits issued prior to 1994 to provide the orca known as Morgan to be Loro Parque should be prevented from complete veterinary records and transferred from a Dutch aquarium continuing to breed her or use her for necropsy results for these animals to to a zoo in Spain in 2011. Dolfinarium commercial entertainment shows. NMFS upon their deaths. NOAA/NMFS Harderwijk rescued Morgan in 2010, and SeaWorld, however, claim that a juvenile whale emaciated and alone 1994 changes to the Marine Mammal in the Wadden Sea, declared her unreleasable, and then sent her, with Protection Act extinguish those VANCOUVER AQUARIUM obligations. AWI provided the federal the Dutch government’s permission, to Loro Parque in the Canary Islands. CALLS IT QUITS ON agencies with legal analysis to the CETACEAN DISPLAY contrary, and the agencies themselves have offered no legal justification for The young whale fell through a After many years of resisting the clear the claim. AWI requested documents number of cracks in the EU regulatory trend of history regarding the captive under the Freedom of Information Act system—the first was keeping her display of cetaceans, the Vancouver pertaining to the decision. When the captive (the Dutch government was Aquarium has finally conceded: On agencies failed to respond, the lawsuit lax in its oversight of the assessment January 18, the aquarium’s management was filed. of her releasability). The next was the announced that it would no longer Spanish government allowing her to be display cetaceans once their last one—a As it stands, the government is commercially exploited after the Dutch Pacific white-sided dolphin named allowing SeaWorld to withhold government had authorized her transfer Helen—dies or is transferred elsewhere.

The controversy in the city over captive cetaceans had become more heated, as first two beluga whales and then a rescued harbor porpoise and false killer whale died over the course of a year, leaving Helen alone. With this decision, the sole Canadian facility with no plans to end the captive display of cetaceans is Marineland in Ontario, which has over 50 belugas, a few bottlenose dolphins, and a solitary orca named Kiska. marine life

Morgan in her enclosure at Loro Parque. An appeals court in the Netherlands heard arguments in January over the validity of Morgan’s 2011 transfer from a Dutch aquarium to this facility in the Canary Islands.

AWI QUARTERLY 4 SPRING 2018 MARINE LIFE

Off the Florida coast, an Atlantic bottlenose dolphin adult and calf sail over the water. Beneath the waves, these and other marine animals are increasingly threatened by human-generated noises, including seismic blasting in search of oil and gas.

AWI WELCOMES INCREASED CLAMOR OVER OCEAN NOISE AWI has long been involved in the issue of anthropogenic ocean noise directly or indirectly generated by the military, the oil and gas industry, commercial shipping, and scientific research. Marine animals use sound for essential functions, including navigation, communication, finding TRENTLER BRANDON food, and avoiding predators. Intense sound interferes with these activities standing up to these threats to their and results in serious—sometimes AWI FILES SUIT TO communities and livelihoods. Even the fatal—consequences. Anthropogenic SAVE VAQUITA US Department of Defense and NASA noise levels in the marine environment In a desperate attempt to save the have voiced concern that oil and gas are increasing at an alarming rate and last remaining vaquita porpoises, AWI development could negatively impact pose a significant threat to marine and other groups filed suit against their activities. ecosystems. several federal agencies in December. The vaquita, a small porpoise that AWI and allies have repeatedly pressed exists only in Mexico’s Upper Gulf of the United Nations to take up the issue California, is one of the world’s most and work toward a global approach to SWITZERLAND BANS LIVE endangered animal species, with likely addressing noise impacts on marine BOILING OF LOBSTERS fewer than 30 vaquita now remaining. life. We are heartened that the United The traditional method of cooking The vaquita population’s precipitous Nations Informal Consultative Process lobsters is to boil them alive. In decline of more than 95 percent over on Oceans and the Law of the Sea will January, the Swiss Federal Council the last 20 years is attributable to devote an entire week to the subject of passed a law deeming this practice incidental entanglement and drowning ocean noise this coming June. AWI will inhumane and requiring that lobsters in gillnet fishing gear set in or near be involved in the deliberations, the and other crustaceans be stunned, vaquita habitat to catch various outcome of which will be presented in rendering them insensible to pain, commercial fish species in Mexico. the fall to the UN General Assembly for before being killed. The new law also AWI believes that, under the Marine appropriate action. prohibits transportation of crustaceans Mammal Protection Act, the United on ice or in ice water because it causes States has an obligation to ban the The timing of the UN meeting is even unnecessary suffering; they must now import of fish and fish products from more significant given that the current be transferred in their natural aquatic Mexico caught with gillnets. Without US administration has announced environment. The decision follows this ban, the vaquita is predicted to plans to open almost all US federal several studies suggesting that lobsters be extinct by 2019. AWI is hoping waters to offshore drilling activities, and other crustaceans can feel pain. for a quick resolution of the lawsuit, including in the Arctic. Thousands Switzerland is the second country to resulting in an import ban that will of coastal communities, interest outlaw boiling lobsters alive—New persuade Mexico to act swiftly to rid groups, and officials—including Zealand did so in 1999, and there is also the Upper Gulf of gillnets. state governors, fishing groups, and a regional effort in Western Australia to local chambers of commerce—are ban the practice.

AWI QUARTERLY 5 SPRING 2018 DAVID ELLIS DAVID

Among the many topics of discussion at the most recent CITES Standing Committee meeting: clamping down on international trade in the endangered African grey parrot.

AWI PROMOTES ANIMAL PROTECTION

hunting, habitat loss, disease, and legal and illegal trade in AT CITES bones and other body parts). They also address a number of broader issues, including trade in live animals, wildlife cybercrime, handling of stockpiles of CITES-listed species, STANDING and trade in captive-bred and ranched animals.

The working groups are often tasked with developing COMMITTEE proposals on treaty compliance and species-specifi c issues, which are then considered at the next CITES Conference of the Parties—May 2019, in this case. AWI is participating in MEETING working groups on the African lion, disposal of confi scated specimens, livelihoods and food security, and rules of The 69th meeting of the Standing Committee of the procedure. As a member organization of the Species Convention on International Trade in Endangered Species Survival Network, AWI will also provide input into the of Wild Fauna and Flora (CITES), held November 27 to deliberations of other groups. December 1, 2017, in Geneva, Switzerland, featured more than 600 registered participants—a record. The scope of the For elephants, the Standing Committee asked Qatar to meeting was also larger than ever, with several contentious develop and submit a national action plan to document its issues under discussion. Carolina Caceres, from Canada, eff orts to combat illegal trade in elephant ivory. It also sought served as chair (the fi rst woman to do so). revised ivory action plans from Vietnam, Malaysia, and Togo and warned Cameroon, Egypt, Ethiopia, and Tanzania that While the committee made decisions on some issues, failure to submit progress reports on the implementation of most of the substantive work was relegated to 27 working their ivory plans could result in trade suspensions. groups established during the meeting. The working groups cover a diversity of animals, from European eels to African The committee directed the Democratic Republic of the lions (a species subject to increasing threat from trophy Congo (Congo-Kinshasa) to not issue any export permits

AWI QUARTERLY 6 SPRING 2018 for commercial or noncommercial trade in grey parrots Vaquita Gets Short Shrift at Meeting until it can prove that its grey parrot trade complies with The vaquita porpoise sits perilously close to extinction due the convention. It identifi ed Botswana, the Republic of the to drownings in gillnets, including those illegally set for the Congo (Congo-Brazzaville), Guinea, India, Kazakhstan, Laos, totoaba, a large fi sh that shares the vaquita’s Upper Gulf of Mongolia, Tunisia, and Uzbekistan as needing to urgently California habitat. (Totoaba swim bladders are prized in parts address defi ciencies in their national laws implementing of Asia for their supposed cosmetic and medicinal value.) CITES, with Mongolia and Tunisia warned of potential trade Both the vaquita and totoaba are critically endangered and suspensions if they fail to act. Laos—a hub for illegal wildlife listed on CITES Appendix I. Thus, CITES parties face a unique trade—was given a list of tasks to address its compliance challenge in which the illegal trade in one Appendix I species issues, including developing wildlife farming legislation, is leading to the extinction of another. implementing new laws to combat illegal wildlife trade, and completing an inventory of its captive tiger farms. With fewer than 30 vaquita likely remaining on the planet, there is no time to waste in ending illegal fi shing, clearing A signifi cant victory was obtained for the pangolin, the their habitat of illegal nets, and ending the demand for world’s most traff icked mammal (mainly for its scales, used totoaba swim bladders. This was the message that AWI and in traditional Asian medicines). All pangolin species were allies communicated at the Standing Committee meeting. uplisted to Appendix I in 2016, meaning that international trade for “primarily commercial” purposes in the animals Despite the dire status of the vaquita, the meeting and their body parts is prohibited. The committee voted documents prepared by Mexico and the CITES secretariat 11-3 to support applying the trade ban to all dead pangolin failed to acknowledge the signifi cant inadequacies of eff orts specimens—including those collected or confi scated by Mexico, the United States, and China (respectively, the before pangolins were added to Appendix I. The CITES main source, transit, and consumer countries involved) to end secretariat, in a controversial recommendation that would the trade and save the species from extinction. have upended decades of CITES precedent, suggested that pangolin specimens collected before pangolins were uplisted While a few nations, including New Zealand and Portugal, be considered “pre-convention.” Had the secretariat’s noted the urgency of the situation, the debate was interpretation been accepted by the committee, it would have shockingly abbreviated, especially given the role that illegal established a dangerous precedent, allowing unlimited trade international trade is playing in the vaquita’s demise. Even in such stockpiled specimens, and further jeopardizing the more disappointing was the parties’ initial complete silence in survival of pangolins and other protected species. response to a recommendation, made by the Environmental Investigation Agency on behalf of AWI and a number of other nongovernmental organizations, for a high level diplomatic mission to Mexico to identify concrete actions to stop illegal totoaba fi shing and trade.

Fortunately, at the very end of the meeting, Mexico expressed support for the mission and the CITES secretariat accepted an invitation to participate. The mission cannot occur soon enough; it must throw a fi nal lifeline to the vaquita by developing and aggressively implementing specifi c, rigorous, time-bound actions to stop the illegal fi shing

USFWS/AJIT HUILGOL USFWS/AJIT A Standing Committee vote to ban commercial trade in all pangolin specimens—including those collected before pangolins were uplisted to Appendix I— will help protect these heavily traff icked animals.

AWI QUARTERLY 7 SPRING 2018 NOAA FISHERIES/CHRISTIN KHAN FISHERIES/CHRISTIN NOAA

A sei whale mother and calf. Last summer in the North Pacifi c, Japan killed 134 of these endangered whales—clearly for commercial purposes and in violation of CITES restrictions.

for and trade in totoaba. Only then does the vaquita have known as NEWREP-NP. The country conducts limited and any chance of surviving. scientifi cally questionable research on some of the whales’ organs and tissues, but the vast majority of what it brings AWI and partners have provided input to mission to land is meat and blubber that has already been frozen or participants from Mexico, China, the United States, and the vacuum-sealed in sales-ready packages aboard its massive CITES secretariat. In addition, we continue to pursue other factory ship. The intended purpose of landing these edible eff orts, including litigation and the ongoing boycott of products—about 12 metric tons per whale—is indisputably Mexican shrimp, to save the vaquita. Mexico’s environment commercial sale. All told, Japan lands more than 1,600 minister has acknowledged that the two principle causes metric tons of sei whale products annually. of vaquita deaths are shrimp fi shing and the illegal totoaba fi shery. Therefore, we are calling on both retailers In early 2016, the European Union asked the CITES secretariat and consumers to boycott shrimp from Mexico until that to investigate the legality of these introductions from the country takes decisive and eff ective action to ensure that sea. For more than a year, the secretariat asked Japan for vaquita are no longer threatened by gillnets in the Gulf of documentation on how it ensures that sei whale specimens California. (For more on how you can aid this eff ort, visit are not used for primarily commercial purposes, in violation of www.BoycottMexicanShrimp.com.) CITES. Japan’s responses were reviewed during this Standing Committee meeting, where many parties denounced Japan’s Strong Action Sought in Response to Japan’s defi cient and evasive replies and expressed concern that its Sei Whale Hunt practices appear to violate the convention. Trade in sei whale products was the subject of considerable debate and controversy at the meeting. AWI and partners AWI and allies provided Standing Committee members provided delegates with extensive evidence and legal and other parties with extensive evidence of Japan’s arguments documenting Japan’s illegal import of sei whale commercial use of sei whale meat, including Japanese products for commercial sale and pressed members of the government reports describing governmental management Standing Committee to impose sanctions on Japan for of the production, distribution, and marketing systems that violating the convention. support and promote the trade. We also provided a detailed legal analysis demonstrating that Japan’s actions clearly As noted earlier in this article, CITES prohibits international violate the requirements of the convention. trade for “primarily commercial” purposes in species listed on Appendix I. Under CITES rules, international trade Our aim of securing sanctions against Japan at this includes the landing of specimens caught on the high seas meeting fell short, but the Standing Committee directed the (referred to as “introduction from the sea”). Japan holds CITES secretariat to conduct a technical mission to Japan reservations exempting it from CITES restrictions for most to seek answers to its questions about the commercial whale populations—but not for the Appendix I listing of the trade in sei whale products. It will report its fi ndings at the North Pacifi c sei whale population. Consequently, Japan next Standing Committee meeting, in October 2018, when cannot legally bring the body parts of these whales ashore parties could potentially impose trade sanctions on Japan for commercial sale. if they determine that it is not complying with the treaty. AWI’s eff orts will continue over the coming months in the Japan has hunted sei whales since 2002 in its so-called hope that decisive action will be taken under CITES against scientifi c whaling program in the North Pacifi c, now Japan’s commercial use of sei whales.

AWI QUARTERLY 8 SPRING 2018 WILDLIFE

USFWS SEEKS such as the Utah prairie dog, where the comment. Adhering to the letter of POLITICAL SEATS AT THE science supports listing but the state the law under the ESA—and keeping SCIENCE TABLE government opposes it. political interests out of listing decisions—is critical to the protection A leaked memo from the US Fish The ESA requires that listing of species such as prairie dogs and and Wildlife Service concerning determinations be made “solely on wolves that reside in states hostile to how the agency plans to regulate the basis of the best scientific and ESA protections. endangered species listings under the commercial data available [emphasis Endangered Species Act (ESA) could added].” The addition of the state and have severe impacts on imperiled its political interests in the listing wildlife. According to the memo, the determination would violate this SANCTUARY SECURED USFWS intends to formally request the mandate of the ESA. The agency can FOR LONGSUFFERING presence of at least two representatives consider state and private interests in ELEPHANT from state governments on all decisions such as designating critical species status assessment (SSA) Nosey the elephant has not had an habitat, but those viewpoints can teams—one from the state’s fish and easy life. Born in Zimbabwe in 1982, she only be considered after the scientific wildlife management agency and one was stolen from her wild family at age 2 assessment has been completed wildlife designated by the governor’s office. and brought to Florida. Purchased and reviewed and the listing by Hugo Liebel in 1988, she spent the determination made. SSA teams are crucial to how the next three decades with the Liebel USFWS decides whether to list a family’s circus—an operation that Through its use of the word “solely,” species or remove a currently listed (under various names) has reportedly Congress made an unequivocal one under the ESA. The teams have racked up over 200 Animal Welfare Act statement about what can and always been composed of scientists violations involving Nosey and various cannot be considered in the listing who are qualified to collect the relevant other animals since 1993. One online determination. The policy that the data on a species and provide it to media outlet called it “the worst animal USFWS seems to be proposing could the agency. The USFWS then relies exhibitor in the U.S.” be found invalid based on the plain upon that expert information to language of the ESA. In addition, make its decision. Infusing politics In October 2017, an animal control the agency arguably cannot make into the decision-making could have officer in Lawrence County, Alabama, regulatory changes like this without devastating consequences for species went to check on Nosey. What first going through public notice and she encountered—a solitary, sick, underfed, arthritic elephant standing in feces in a trailer too small for her to lift her head—resulted in Nosey’s removal from the circus and temporary placement in the Elephant Sanctuary in central Tennessee.

In January, a district court judge made the move permanent. Henceforth, Nosey will be able to spend her days as she pleases, in the company of her own kind, within the largest natural habitat sanctuary for elephants in the United States.

The Utah prairie dog has been at the center of efforts to weaken the Endangered Species Act and politicize the scientific process used to determine when protection of a

JAMES MARVIN PHELPS MARVIN JAMES species is warranted.

AWI QUARTERLY 9 SPRING 2018 AIRLINES PUT HUNTING TROPHIES ON INFREQUENT-FLYER LIST

hunting has suffered a few setbacks are “canned hunts”—conducted within a fenced enclosure. SAFARI recently. Ever since American There is no possibility for the animal to escape. dentist Walter Palmer bungled the killing of a well-known Zimbabwe lion named Cecil in 2015, international outrage Trophy hunters might like to return home and brag about has stung the industry, resulting in a sharp decline in the stalking dangerous animals across an exotic landscape, African safari hunting business. nights beneath a starry African sky and days trekking beneath the searing African sun. But in reality, there’s greater The public criticized the overall unsavory character of challenge in shooting a rabbit in the Pennsylvania woods. In trophy hunting—killing impressive “trophy quality” animals most cases, the African hunting guide already knows which as a form of recreation. Data then started to reveal that animal will be shot long before the hunter arrives at the most of the hunted animals are nearly tame, either because camp. And it is not unknown for the safari operator to inject they are hand reared or at least raised in an enclosed area a dose of acepromazine or some other tranquilizer into the with frequent exposure to humans. doomed creature and set out bait to attract the animal to a Most trophy hunts in Africa particular killing zone shortly before the hunter arrives. It’s

AWI QUARTERLY 10 SPRING 2018 WYNNTER all a big pay-to-slay farce motivated by narcissism, dazzle, and an aberrant psychological yearning to provoke envy at home.

Revelations about abuses in the safari hunting camps—a bit too much alcohol, overassertive personalities, incompetence with weapons, and other disagreeable factors—stoked indignation even further. Distraught governments, businesses, and individuals started to take action. Government agencies were subjected to pressure from two sides—wildlife protectionists demanding prohibition of hunted trophies, and hunting organizations insisting that imports continue. In North America and Europe, where the very large majority of trophy hunters live, government responses have tended to vacillate and are liable to change overnight. A trophy-hunting trio pause to snap a photo after snuffing out a white rhino’s A more consistent response has come from the airline life. The gunman’s claim to the carcass, however, is another matter. An increasing number of airlines are refusing to carry animal trophies of Africa’s iconic species. industry, with major airlines announcing they were discontinuing the carriage of hunting trophies. These were simple business decisions. There are a few holdouts. South African Airways and Ethiopian Airlines are two carriers that continue to accept hunting The major US airlines—Delta, United, and American—all trophies. Government-owned South African dithered on the discontinued carriage of hunting trophies from Africa’s “big trophy issue after the Cecil incident—first announcing a ban on five” (elephants, rhinoceroses, lions, leopards, and buffaloes). carriage of trophies and then reversing itself a few months later, Delta wins special applause because it stood up to a lawsuit after being vigorously lobbied by the country’s professional by trophy hunting groups. Eventually, it won the case and hunters’ association. Ethiopian seems to have a policy of the appeal. This victory is important because Delta flies to dodging the question: no policy statements, no media releases, four African destinations, including Johannesburg, where the no response to questions from AWI. Most recently, Ethiopian pressure to carry hunting trophies back to the United States made its bad reputation that much worse by transporting 30 is most intense. juvenile elephants from Zimbabwe to zoos in China.

For some time, European airlines such as Air France, KLM, But these carriers have only limited penetration in the United British, and Lufthansa have had even more comprehensive States. Ethiopian Airlines might carry a lion trophy from Africa policies against transport of trophies. KLM, for example, has to Washington’s Dulles International Airport—but then what? refused to accept any hunting trophies since 1998. So it’s Who will carry the lion’s head from Dulles to Dallas, Dubuque, difficult for the trophy hunter to load his carcass on one of or Duluth? Yes, for the persistent, ways can be found. But these airlines and return to the United States via Europe. they’re complicated and somehow inconsistent with the image of a triumphant trophy hunter marching home with his Some other airlines go even further. Hong Kong–based conquered trophy. It’s more like sneaking in the back door. Cathay Pacific Airlines consults with conservation and animal protection societies before determining wildlife So in recent years, the nimrods have had to find something carriage policies. Today, it refuses to carry any hunting else to do with their time, and the African safari-outfitting trophies whatsoever. It also forbids carriage of cetaceans for companies have suffered loneliness and financial decline. amusement or performance purposes. It declines carriage of They’ve pestered the airlines, for certain, but to no avail. So animals going to laboratories and greyhounds intended for then they tried to get someone more influential to pester racing. Ivory and shark fins are also prohibited. the airlines, but that fizzled also. They tried to persuade the parties to the Convention on International Trade in Faced with airline embargoes, trophy hunters have a Endangered Species of Wild Fauna and Flora (CITES) to predicament. Sure, they can purchase a license to kill trophy approach the CEOs of major airlines and explain to them how animals in some countries, and they can wrangle permits to useful and important trophy hunting is. import many of those trophies into the United States and elsewhere. But how do they get the carcass home when most Zimbabwe produced a document, aired at the most recent airlines won’t accept dead wildlife as cargo? CITES Standing Committee meeting in Geneva, protesting

AWI QUARTERLY 11 SPRING 2018 Trophy hunters argue that killing is key to conservation and supports African communities. Little of the money they spend to pursue their “game,” however, ends up in actual conservation programs or the hands of private citizens.

that “the recent decisions of several airlines and maritime communities. It is a common refrain from apologists for shipping companies to stop transporting/carrying legally trophy hunting that animal welfarists don’t care about acquired wildlife products and specimens are having people. That’s a big lie. Quite the contrary, it’s the trophy undesirable and significant negative impact.” That document hunters who don’t give two hoots about whose toes they step also said, “We believe CITES promotes sustainable and legal on while stalking their prey. international trade in a way that insures species survival.” That last sentence is dangerous because it asserts that It’s part of the charade, seeking sympathy by using spurious the regulator of international wildlife trade should be the arguments about how important trophy hunting is to facilitator of such trade—and that can lead to catastrophe. impoverished communities in rural Africa. Otherwise, who in their right mind could possibly sympathize with a wealthy Nowhere in the text of CITES is there a word about promoting foreign hunter who botched the bow-and-arrow execution of wildlife trade. Article 2 of the treaty defines its fundamental a habituated lion? principles, and they are entirely focused on regulating trade in species that are listed on its appendices. The dangers of Just what type of rural livelihoods does trophy hunting regulators becoming facilitators are profound—just remember support? Well, there’s the lady who does the hunter’s laundry, 2008: The US government–sponsored financial service and the fellow who serves the hunter’s “sundowner” whisky corporations Fannie Mae and Freddie Mac made it much easier at the end of the day, and the people earning minimum wage for subprime borrowers with terrible credit histories to get for sweeping up the camp and washing the dishes. Not much very large real estate mortgage loans. At about the same time, more. People in rural villages normally receive about 3 percent regulators at the Federal Reserve Bank relaxed controls on the of the money paid by a trophy hunter for a safari. The big profits financial services industry and facilitated its ability to make are distributed between the safari outfitters who arrange ever-riskier transactions. The regulators became facilitators the hunts and the government offices that sell the hunting and both the real estate and the financial services industries permits. So it should be expected that it’s the outfitters and crashed, with terrible consequences for many people. governments that are shouting the loudest right now.

The lesson should be applied to wildlife regulators, whether If the safari hunters were truly interested in supporting the CITES, the US Fish and Wildlife Service, or state wildlife livelihoods of rural Africans, they could follow the example agencies: There is serious danger when such entities get AWI is setting in Senegal. (See AWI Quarterly, fall 2017.) Let too cozy with the interests they are mandated to regulate. them pay to employ local people to build infrastructure and Fortunately, the CITES parties politely and adroitly pursue other tasks needed to protect wildlife. And they could sidestepped the Zimbabwe proposal to pressure airline CEOs. also provide ancillary projects, such as creating a village vegetable garden and assuring better water conservation for The Zimbabwe strategy also seeks to tarnish animal wildlife, domestic animals, and people. This is work that has welfare interests as somehow being misanthropic. They a more benevolent impact on livelihoods while promoting a have protested that blocking transport of hunting trophies quality of life that encourages rural people to live in peace damages the livelihoods of poor people in rural African with nature and wildlife.

AWI QUARTERLY 12 SPRING 2018 The trophy hunter’s deceit about livelihoods is a subterfuge Trophy hunters almost invariably seek the individual animals that extends to all commercial exploitation of wildlife. Similar with the largest, cleanest, and most symmetrical horns arguments are applied across the several industries that or tusks, or the biggest, most impressive manes, or other depend upon trapping or killing wild animals for commercial characteristics that defi ne them as “trophy.” Very often, these profi t. Those Gucci women’s python boots retailing at $3,850 impressive characteristics are precisely what would otherwise were made from a python skin that the wholesaler sold for help them survive. Trophy hunting eff ectively removes these about $220. The snake hunter earned about $20 for catching animals, along with the important genes that would help and killing the snake. It’s pretty clear who has the better determine the size and proportions of horns, tusks, and livelihood in this business. The system isn’t set up to provide manes of future generations. living wages to the poor. Wildlife enthusiasts are certainly aware of these issues and Similar mark-ups are common across the wildlife trade have been campaigning to stop the abuses associated with spectrum. A local hunter in the developing country normally trophy hunting. Initiatives such as persuading governments receives about 1 or 2 percent of what an item is sold for at to prohibit the import of such trophies have met with sporadic retail. That other 98 percent is banked in the accounts of success, however. Politics tends to be somewhat unreliable. businesses in industrialized countries. Citizens have seen their own governments change policy and rules with alarming ease and very little consultation. Assertions about trophy hunting providing conservation benefi ts are also without merit. For example, some Airlines thus represent a more reliable pathway to change. trophy hunters claim they target only post-reproductive If airlines refuse to carry trophies, most hunters won’t go males. They say they hunt only the older bulls who no through the eff ort of traveling great distances to kill a trophy longer contribute to the population recovery of a species. animal that they can’t take home and brag about. The loss of these unproductive bulls, so the story goes, simply provides more space and resources for the younger But airlines need to be encouraged. If the airline you fl y with generation and its eff orts to reproduce. refuses to carry wildlife trophies, please write a letter to its CEO and applaud its policy. And if it doesn’t have such a policy, More than a few grains of salt are necessary to make such write a letter to the CEO anyway stating that it is in the interest fl apdoodle palatable. Older males usually make terrible of the airline, and the interest of the world’s living treasures, trophies. Usually they’re battered, scarred, and a bit gaunt. to decline the carriage of trophies. It’s up to us to assure them Horns and tusks of older males are often cracked and chipped. that their customers care, and are paying attention. Manes tend to be tattered and matted—all the consequence of a long life in the wild. A robust male early in his prime usually makes a much more attractive trophy.

BUFFALO, PETER STEWARD PETER BUFFALO, AWI QUARTERLY 13 SPRING 2018 government affairs

MEGAN COUGHLIN could notfindthatthe sport-killing of after thesameagency noted thatit Zambia. (The2014 policywas enacted elephant trophies from Zimbabwe and ofsport-huntedban ontheimportation reversing a2014 Obama administration Service stoked publicoutrage by One week later, theUSFishandWildlife conservation value.” unpopular, andofquestionable and callingtrophy hunting“unethical, Zinke urging himto abandon theidea Congress wrote Interior Secretary Ryan in hunting.” Thirty-eight membersof traveling to foreign nationsto engage benefits that result from US citizens public awareness ofthe“economic chief objective would beto increase Wildlife Council” Conservation whose the formation ofan“International oftheInteriorDepartment announced On November 8, 2017, theUS Trophies forDistaste Tusker Trump Tweets other animal. conservation of Elephants orany this horror show inanyway helps hard pressed to change mymindthat announced next week butwillbevery Big-game trophy decision willbe Zinke. Thankyou! years. Will update soon withSecretary conservation facts. Understudyfor hold untilsuchtimeasIreview all Put biggame trophy decision on with these two tweets: script andcaused muchpuzzlement President Donald Trump flippedthe But then,onNovember 17and19, or “endangered” undertheESA. lion remain listed eitheras“threatened” though allpopulationsoftheAfrican Zambia andZimbabwe aswell, even lifted restrictions onliontrophies from in October, theUSFWShadquietly requirement oftheESA.) Moreover, ofthepopulation”—athe survival key Species Act (ESA), “would enhance as “threatened” undertheEndangered an Africanelephant, aspecies listed AWI QUARTERLY GOVERNMENT AFFAIRS 14 SPRING 2018 remains anyone’s guess. so afinal resolution onthese imports into question onprocedural grounds, court case hasthrown theoriginalban everyone reeling. Inthemeantime, a trophy huntinga“horror show” left sons are notorious trophy hunters, call But to have Donald Trump, whose two been nofollow-up announcement. warranted. Asofthiswriting, there has plummet, aban ontrophy is imports both theAfricanlionandelephant It isclear thatasthepopulationsof conservation argument]. went by. No, Iwas notbelieving in[the around. That same day—not even aday As soon asIheard aboutit,Iturnedit highlevelby avery government person. I thoughtitwas terrible. Thatwas done trophy hunting: administration’s views varying on the president again highlighted his decision to reverse the2014 ban, specifically to theUSFWS’November In thesameinterview, referring you shocked Ididit? order. Itotally turneditaround. Were order around. You know, thatwas an taking themoney, ok?Iturnedthat to agovernment which was probably money WAS going—in thatcase, going where themoney goes towards—well, and allofthethings they’re saying talk all they want aboutpreservation back into this [country] andpeople can stuffed andhave thetusks brought I didn’t want elephants killed and president said: reinstituting ban, the2014 the import conservation efforts. Taking credit for rather theintended thansupporting the pockets ofgovernment officials expeditions actually endsuplining the money generated by these hunting trophy while imports, that suggesting Morgan, thepresident again blasted 28interview withPiers In aJanuary GOVERNMENT AFFAIRS

killing birds. Millions of birds die each year from electrocutions, chemicals, collisions with structures, and other anthropogenic causes. The US Forest Service estimates that power lines alone kill up to 175 million birds annually.

APPROPRIATIONS BILLS PULL PLUG ON WILDLIFE PROTECTIONS In September, the House passed HR 3354, an omnibus (bundled) spending bill that included four amendments ANDEE DUNCAN ANDEE to weaken the Endangered Species Act. Then, in November, the Senate Appropriations Committee’s draft HOUSE MAJORITY Environmental Approvals (SEA) Act. funding bill for the US Department LEADER ASKED TO MOVE This devastating bill would promote of the Interior proposed blocking or KEY BILLS oil and gas exploration and drilling restricting protections for gray wolves, With the second session of the on public lands and offshore areas, lesser prairie-chickens, and sage- 115th Congress well underway, AWI resulting in harm to wildlife, habitats, grouse; limiting the ability of other president Cathy Liss sent a letter to and coastal communities. It would federal agencies to consult with the US House Majority Leader Kevin McCarthy also create dangerous loopholes in Fish and Wildlife Service on projects (R-CA) requesting support for these Endangered Species Act protections, that could be detrimental to protected legislative priorities in the coming putting vulnerable marine mammal species; and decreasing funding for year: the Preventing Animal Cruelty species at further risk. Representative activities necessary to determine and Torture Act (HR 1494), the Pet and Raúl Grijalva (D-AZ), ranking member whether species should be listed as Women Safety Act (HR 909), the Shark of the committee, called it “a dangerous threatened or endangered. Fin Sales Elimination Act (HR 1456), bill that was solely written to fulfill the and the Humane Cosmetics Act (HR oil and gas industries wish list.” AWI continues to closely monitor these 2790). All of these bills have significant spending bills and will actively oppose numbers of bipartisan cosponsors; any riders that undermine important well over half of the members of the animal protection measures. House cosponsor three of them. AWI ZINKE ZAPS MIGRATORY has asked Majority Leader McCarthy to BIRD TREATY ACT bring these humane, reasonable, and On January 11, AWI wrote to Interior widely supported bills to the House Secretary Ryan Zinke requesting floor for a vote. What You Can Do that his department halt its plan to eliminate certain protections for Visit AWI’s Compassion Index migratory birds. This plan, released in (www.compassionindex.org) late December, would reverse an Obama for actions you can take to SEA ACT DROPS ANCHOR administration policy that made it help move positive animal ON MARINE SPECIES clear that even unintended killing of welfare legislation through The Marine Mammal Protection Act migratory birds was prohibited under Congress, stop bad bills, and celebrated its 45th anniversary last the Migratory Bird Treaty Act (MBTA). let the administration know year, but a sizable faction in Congress The Trump administration’s drastic you expect protections for seems intent on dismantling some of reinterpretation of the century-old wildlife to continue. its core provisions. On January 10, the MBTA is an overt attempt to shield House Natural Resources Committee the energy industry from having to approved HR 3133, the Streamlining take reasonable precautions to avoid

AWI QUARTERLY 15 SPRING 2018 Adopts Enlightened Costa WildlifeRica Rules

Ticos (as Costa Ricans call themselves) use a Latin stimulate their “exploratory behavior, natural instincts, and phrase to define the noble intentions of their new wildlife social life.” regulations, adopted in 2017: in dubio pro natura—when in doubt, favor nature. Following that fundamental The regulations acknowledge that sometimes wild animals principle, the new rules provide 231 articles that itemize cause damage to the human community that must be how responsible citizens must interact with wildlife in that addressed. But it must be done cautiously. Someone must Central American country. complain to the wildlife agency, and an inspector must verify the nature of the damage and which individual animals Costa Rica has long been admired as the quintessence of caused the damage. Lethal solutions against individual principled and effective nature conservation in general animals can be applied only with great hesitancy and when and wildlife protection in particular. Cruel devices such as no alternative nonlethal means are available. steel-jaw leghold traps, strangling snares, and poisons have been prohibited for decades. Commercially valuable wild Article 216 establishes “failure to report cases of animal species such as scarlet macaws, capuchin monkeys, and green cruelty despite being aware of their occurrence” as a “very iguanas have been vigorously protected in their habitats. But serious offense” that is punishable under the new regulations. the new rules are taking the country several steps further. That’s cruelty to a wild animal. Such rules are unheard of in most other countries. Trade in wild pets (both wild-caught and captive-bred wild animals) is prohibited. The capture of Costa Rican animals In fact, Costa Rica’s new regulations reflect a much greater from the wild for the pet trade was banned in 2012 (as was benevolence in general toward wildlife than is found in the hunting for sport). Import of wild animals for the pet trade is wildlife codes of more developed countries, including the now prohibited, as well. United States. There is a certain respect, indeed esteem, that can be felt when reading terms such as “intrinsic value,” The new regulations anticipate that some people might ignore “respect for their well-being,” and “a healthy and ecologically such provisions, so they include procedures for seizing wildlife balanced environment”—a far cry from other countries’ from traffickers. Seized animals go to credentialed rescue wildlife regulations consisting of tedious legalese. Costa centers only—and not to just any convenient zoo, hobbyist, or Rica’s new regulations express concern for wild animals and breeding facility. The rules state that “the animal’s well-being seek to protect their welfare. There are no euphemisms to must always be ensured” by wildlife officers and others who conceal or justify exploitative interests. seize and take possession of illegally held animals. It is all very fitting. The Ticos live within one of the earth’s most Wording of the article that prohibits falconry and similar astonishing natural treasures. Their country is acknowledged practices has a patriotic ring: “Training of wild animals used by wildlife biologists worldwide as being among the most to hunt for entertainment or similar purposes shall not be biologically diverse on the planet. There are 1,251 species of allowed in our country.” How refreshingly explicit! butterfly alone. Five of the earth’s seven species of sea turtles nest on Costa Rican beaches. Birders have identified 894 The new regulations do not shut down all zoos, despite a bird species—mor­ e than in the United States and Canada spirited campaign by many Ticos to include such measures. combined, all in a country smaller than West Virginia. Costa However, those new rules do impose some new reforms Rican forests are home to such animals as jaguars, howler and obligations on zoos. Zoos are now required to provide monkeys, toucans, and the resplendent quetzal. environmental enhancement—meaning that they must “provide animals with conditions similar to those of their Costa Rica has extended legal protection to about 25 percent natural habitat” so as to “improve their quality of life” and of its land area, substantially more than most other countries.

AWI QUARTERLY 16 SPRING 2018 aw ac t m rle k a r sc a m en he inged s CHRIS1089 blue-w

That’s part of the reason why Costa Rica was rated as the top performer in Latin America and the Caribbean in the 2016 Environmental Performance Index (a project of the Yale Center for Environmental Law and Policy, the Yale Data- Driven Environmental Solutions Group, and the Columbia RYANACANDEE University Center for International Earth Science Information Network that uses more than 20 specific indicators to the “World’s Ten Best Ethical Destinations” in 2017. That measure environmental responsibility). list is compiled annually after a detailed assessment of a country’s environmental, social welfare, and human rights The Ethical Traveler—a nonprofit organization that seeks status is made. Costa Rica scored number one worldwide in to “use the economic clout of tourism to protect human environmental protection (something for AWI members to rights and the environment”—listed Costa Rica as one of consider when planning their next vacation abroad).

All in all, Costa Rica’s new wildlife regulations are among the most enlightened, progressive, and benevolent on earth. One can only hope the rest of the world will take notice— can and follow suit. tou

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CHUCK624 AWI QUARTERLY 17 SPRING 2018 M GAREN BIRD 2018: THE YEAR OF THE trade inwild specimens (see AWI Quarterly, winter 2016). of protection underthetreaty andbanning commercial species was moved to AppendixI—givingitthehighest level Endangered Species ofWild Fauna andFlora in2016, the of theParties to theConvention onInternational Trade in trade andhabitat loss. Atthe17 grey parrot, thevictimofunsustainable trapping for thepet are now considered “threatened,” includingtheAfrican point ofnoreturn. Astunning13percent ofallbird species agricultural practices continue to pushbird species past the as trade, invasive species, logging, andunsustainable There willlikely bemore extinctions inthecoming years, reportedly vanished withinthelast50years. of the13presumably disappeared along timeago, several they’d even beenrecognized asdistinctspecies. While most found that13ofthese species were already extinct—before more than740 newly recognized bird species in2016 and The International Unionfor ofNature Conservation assessed th meetingoftheConference AWI QUARTERLY

18 venerable animalprotection laws. is notthetimeto clipthewings ofonethenation’s most facing so muchpressure from amultitudeofthreats, now of thelawisreckless intheextreme. Withbird populations reasonable mitigation measures. Suchareinterpretation only—thus oftheneedto pursue absolving theindustry Birdthe Migratory Treaty Act against intentional killing Interior announced inlate December thatitplansto enforce industry,As agiftto theenergy ofthe theUSDepartment on board withthenotionthatbird protection isimportant: Unfortunately, aswe note onpage 15ofthisissue, notallare make adifference. with topics suchashow birds helpusandwhatyou candoto Society isfeaturing posts onbirds each monthonitswebsite, Yeardeclared “The oftheBird.” TheNationalGeographic to theneedto continue protecting birds, 2018 has been In recognition oftheMBTA centennial andto draw attention population ofsnowy egrets. covers more than1,000 species, includingasince-recovered including thesnowy egret—toward extinction. Today, thelaw of wild birds for theirfeathers was drivingsome species— Act. Thelawwas enacted atatimewhenrelentless pursuit hunt, take, capture, kill,orsellbirds migratory listed underthe The MBTA makes itunlawful withoutawaiver to pursue, bird conservation law, Bird theMigratory Treaty Act (MBTA). This year marks the100 reduced—to about5percent oftheprevious total. annually into theUnited States for thepettrade was drastically Following passage oftheWBCA,numberbirds imported the huge numberswhodiedduringcapture andtransport. birds to besold aspets—astatistic thatdidnoteven include States annually importedanestimated 800,000 wild-caught commercial pettrade. Priorto passage oftheWBCA,United species whoseismost threatened survival by capture for the African grey parrots. ofexotic Thelawbans theimport bird championed by AWI, already eases USpressure onwild The Wild Bird Act Conservation (WBCA), a1992 federal law SPRING 2018 th anniversary ofanotherlandmark anniversary

TIM HYNES FARM ANIMALS ASISEEIT

Good Food Purchasing Program Promotes Animal Welfare

n 2012, the Los Angeles Food Policy and animal welfare—that together DCPS adopt the GFPP was also added I Council set out to transform the introduce a multitude of benefits to a local bill, the “Healthy Students city’s food purchasing system into a into a food procurement system. On Amendment Act of 2017.” AWI testified more sustainable model that prioritizes the animal welfare front, it requires in support of the bill before the DC the environment, animal welfare, participating public institutions either City Council in November 2017, as did and the local economy. The council to use suppliers whose higher-welfare approximately 40 other individuals and did this by developing the Good practices are third-party certified or organizations. The District is expected Food Purchasing Program (GFPP), a to replace some percentage of animal to approve the program this year. certification-based initiative to create products with equivalent plant- more transparent and equitable food based protein. There are different Currently in the United States, the vast procurement systems. The program GFPP certification levels depending majority of farm animals are raised in quickly took hold. Soon after the City of on the total dollars spent on higher- industrialized, unsanitary warehouses Los Angeles approved the program for welfare products or percentage of where they are packed so densely they its institutional food purchases, it was animal products replaced. This is can barely move. The GFPP seeks to also adopted by the LA Unified School a key component of the GFPP; it’s transition food procurement systems District—the largest school district a flexible program built to ensure away from this inhumane status quo in the nation and the city’s largest success for institutions of varying food toward methods of farming where the food purchaser, serving approximately procurement needs and capacities. animals are able to roam, forage, and 650,000 meals a day. Other public socialize, which is clearly better for institutions around the country Because the GFPP impacts hundreds of their well-being. followed LA’s lead. Thus far, the San millions of meals served every year, it Francisco Unified School District, the has a significant effect on farm animal Public institutions purchase a vast Oakland Unified School District, the welfare—which is why AWI is part of a volume of animal products, and City of Chicago, and Chicago Public coalition of stakeholders promoting its thus, the choices they make either Schools have adopted the GFPP, with adoption in Washington, DC. In 2016, contribute to farm animal suffering school districts and city governments in both local and national organizations or help to alleviate it and encourage Austin, Minneapolis, and Washington, began working with District of higher-welfare farming. In cities across DC, in the process of doing so. Columbia Public Schools (DCPS) and the country, the GFPP continues to the DC Food Policy Council to explore help public institutions create a more The GFPP focuses on five core values— the possibility of implementing the equitable process for food procurement environmental sustainability, local GFPP in the District. As the coalition that will result in more humane economies, nutrition, valued workforce, continued to grow, a requirement that conditions for farm animals.

AWI QUARTERLY 19 SPRING 2018 farm animals

KRODERE conditions, andaccess to theoutdoors. standards for animalcare, living Organic Program, includingsetting animal welfare undertheNational ofregulatingthe agency hasahistory many times inthepast. For example, its authorityto regulate animalwelfare reality, theUSDA hasacknowledged Organic Foods Production Act. In to regulate animalwelfare underthe USDA claims that itlacks authority In theproposed withdrawal, the physical alterations. prohibitions oncertain types ofpainful the outdoors, space to roam, and raised animals, includingaccess to improve thewelfare oforganically rule provided basic protections to Organic Standards Board. The the organic industry, andtheNational groups, includinganimaladvocates, process involving multiple stakeholder the culminationofadecades-long Practices rule. Therule represents the Organic Livestock andPoultry Agriculture proposed withdrawing In January, of theUSDepartment ANIMAL RULE WITHDRAW ORGANIC AT PUBLIC, MOVES TO USDA THUMBS NOSE welfare standards for farm animals. of thisrule and advocate for higher AWI willcontinue to monitor thestatus beginning oftherulemaking process. USDA against implementation from the producers, whichhave lobbied the to theinfluence oflarge organic egg that therule willbeimplemented due rule. Despite this, AWI isnotoptimistic vast majorityoppose withdrawal ofthe Based uponreview ofthecomments, a in favor of implementation oftherule. withdrawal andcontinues to advocate submit comments inopposition to the AWI hasrallied itssupporters to ridiculous. concern for animalwelfare” ispatently practices” butmustavoid “stand-alone that itcanonly address “health care intertwined; theUSDA’s assertion health andwelfare are inextricably Additionally, studies show thatanimal the districtcourt’s findings thatanIdaho ofAppeals haspartiallyCourt affirmed In asplitdecision, theNinthCircuit UNCONSTITUTIONAL LAW RULED ANOTHER AG-GAG AWI QUARTERLY FARM ANIMALS 20 SPRING 2018

animals on factory farms.animals onfactory and expose thepoortreatment of circumstances—continue to document in Idaho, whocan—at least insome forvictory animalsandtheiradvocates to cause injury. Despite this, itisa by misrepresentation withtheintent criminalized obtaining employment the provision inIdaho’s lawthat Ninth Circuit did,however, uphold general elected notto appeal.) The on similargrounds. TheUtah attorney Utah’s ag-gag lawunconstitutional rights. (Lastyear, adistrictcourt ruled ban impededtheirFirstAmendment activists thatthelaw’s recording The court agreed withanimalrights conditions onfarms. pain relief, andunsafe andunsanitary physical alterations conducted without practices suchasintensive confinement, from documentingcommon industry facilities. These laws prevent activists to hideinhumaneconditions attheir whistleblowers andallow farms factory enacted ag-gag laws like thisto silence pressure from groups, industry have A handful ofstates, succumbing to agricultural operation. pretenses to gain access to an orsurveil it illegal for anindividualto use false industrial agriculture, thelawmade at industrialfarming facilities. To protect from conducting undercover operations crafted to stop animalrightsactivists their business. Inreality, itwas carefully of protecting farmers from disruptionto Idaho lawwas passed undertheguise “ag-gag” lawisunconstitutional. The indicated itintends to withdraw it. raised animals, theUSDA has improve thewelfare oforganically administration—that would in thelast days oftheObama forsupport arule—approved Despite overwhelming public FARM ANIMALS

DRAWING A CURTAIN ON create new regulations to phase out bans extreme confinement of farm CRUEL CONFINEMENT OF solitary confinement for veal calves, animals. It would require that all veal, VEAL CALVES which went into effect on January 1, pork, and eggs sold in California come 2018. The new regulations stipulate that from animals who are not raised in The end of cruel confinement methods calves must be able to fully turn around extreme confinement, even when for veal calves in the United States in their enclosures, and that they be produced out of state. If the measure is drawing ever closer. In 2007, the housed in group pens by 10 weeks old. passes, California would be the second American Veal Association (AVA) state to have such a comprehensive pledged to transition away from In 2014, Kentucky’s Livestock Care anti-confinement law; in 2016, solitary crates and neck tethers to Standards Commission also agreed on Massachusetts overwhelmingly group housing by the end of 2017. a similar, mandatory phase-out goal for passed a similar ballot initiative. Since calves are social animals, this veal crates, which went into effect at This push for farm animal welfare was a significant industry shift toward the beginning of this year. Seven other comes at a time when several states higher-welfare practices. Fast forward states (Arizona, California, Colorado, and hundreds of companies are 10 years to the beginning of 2018, and Maine, Massachusetts, Michigan, reforming policies and banning cruel the AVA has confirmed that all its and Rhode Island) have also made confinement practices. members have successfully completed commitments to ban veal crates. the move to group housing and have Along those lines, Smithfield Foods, stopped tethering calves. the world’s largest producer of pork, recently announced that its transition Starting this year, Ohio veal producers CALIFORNIA BALLOT from isolated gestation crates to will be subject to similar standards—in INITIATIVE SEEKS group housing is complete. However, this case, codified into law. In 2009, STRONGER caveats are in order: It only applies to Ohio citizens voted in favor of an CONFINEMENT BAN sows after 5–6 weeks of gestation in agriculture industry–backed ballot the crates. Further, sows with piglets initiative to create the “Ohio Livestock This November, California citizens are still housed in cramped farrowing Care and Standards Board,” which was may have the chance to vote for crates. And finally, at this time, the tasked with creating new livestock farm animal welfare. A coalition of transition applies only to Smithfield- standards for the state. The board stakeholders is gathering signatures owned farms, not to independent worked with the industry and animal for a ballot initiative that would farms that raise pigs for Smithfield. welfare organizations and agreed to strengthen the California law that (Smithfield is “recommending” that its contractors make the transition by the end of 2022.) This all underscores the necessity of continued pressure for legal protection, like the California ballot initiative, to ensure that farm animals are allowed the basic freedom to stretch their limbs and move around. In addition to California and Massachusetts, 10 other states currently have some form of confinement ban on the books.

A calf imprisoned in a veal crate, designed to severely restrict movement throughout the animal’s short life. State governments and even the industry are finally taking steps to

FARM SANCTUARY FARM phase out this horrendous practice.

AWI QUARTERLY 21 SPRING 2018 Caregivers in Research Say Animals Calmed by Conversation A LAREF DISCUSSION

This past December on AWI’s Laboratory Animal Refinement I ALWAYS talk to all my animals, even rats. I find the and Enrichment Forum (LAREF), a question posed by Erik monkeys and dogs calm down nicely—well, sometimes dogs Moreau prompted a discussion on whether talking to animals stay excited for a bit, but they are excited anyway; as soon as in a laboratory setting helps reduce their stress. Further, does they know you’re there, they all want to see you. (Marcie) announcing a certain procedure make it more predictable for the animals and does that communication have a positive I “HOO” in the hallway outside to let them know I’m there, impact on data collection? In answer to these questions, before I enter. (Jeannine) Viktor Reinhardt, Marcie Donnelly, Jeannine Rodgers, Christina Winnicker, Evelyn Skoumbourdis, and Michele I LOVE the idea of the hall-hoo-er! I don’t do that, but I Cunneen all chimed in to share their experiences. (Comments definitely talk to all the species I work with, mice to monkeys. have been edited for brevity and clarity.) I think its good acclimation for them to get used to the sound of my voice, and I use specific terms for specific events so that WHEN I started caring for macaques, I very quickly learned they can start to associate them with the procedure I’m going not to barge into the animal rooms (and have them all freak to ask them to do. (Christina) out), but to calmly enter while talking to the animals; once in the room, I continued talking, saying things like “Hi guys, I HAVE always talked to the animals I work with—heck, I even I have to take a few blood samples,” because not all the say hello to the zebrafish and Xenopus [clawed frogs] upon animals could see me. I never had to deal with a crowd of entry to the rooms. I use different intonations and different highly alarmed and fearful macaques. My wife Annie and I used the same simple technique of politeness when we studied feral bison and feral cattle. When the animals could hear us approach, they kept calm and allowed us to come close and do our behavioral recordings among them. (Viktor)

AWI QUARTERLY 22 SPRING 2018 SCHULTZ POLLY types of speech for different species, and always announce to the group what I’m there for, whether it be an “I’m really sorry, but we have to take blood samples today” or a “Hey, guess what? It’s goodie time!”

For rabbits, I tend to keep my words soft, but when I say “it’s time to get out the hay,” I will perk up. Also, I tend to sing (albeit somewhat poorly) bunny parody songs I’ve created (e.g., “Tiny Bunnies in the Wine”) because it really does help them get used to sounds from people. With rodents, I’m straight up “Hey guys, how ya doing?” unless someone brings a sick/distressed rodent to my attention. Then, I get out my “poor little fella” calm voice.

With swine, I tend to let them lead me to where we should be for the conversation. I always enter the room with a “hey” or a “Yo, ladies, how are ya?” and after that it really depends upon the general feel of that particular group for that day. We all have bad days sometimes, and I know the animals do, too. So, if they want to be a little “down” that day, I let them, and just do what I can to soothe them with a scratch or a snout rub if they desire.

With sheep, dogs, and cats, I always say “hello” upon entering and then assess their stance and see what’s needed for that particular entry point. Fearful animals and fractious cats require completely different language and intonation than excited, happy-to-see-you critters. With monkeys, it was CUNNEEN MICHELE always a “Hey guys, what’s up?” and we would go from there. I’d have individual conversations with each once I learned their personalities, and even discovered with one group of Mauritian cynomolgus macaques that speaking French was the way to go. By entering with a sing-songy “bonjour, petit had worked with hamsters for years at another institution. He garcons” they instantly knew it was me, and I would get some came to mine and arrived for orientation and training with a hoots right back. I really miss my monkeys—they were some chain mail glove to handle his hamsters. After the regulatory of my greatest confidants. portion of the training we went to the training animals. I took the hamster cage off the shelf and cooed some gibberish to One thing I do quite often, that I have not seen many do, the hamsters. I put the cage on the bench, opened it, and is ask permission of the animal to handle them, provide reached in. You could hear him gasp as I came up with the treatment, take a sample, etc. I had one research tech actually hamster in my unprotected hand. ask me last week what I would do if the rat looked at me and said “no.” This is something I’m going to have to deeply In the ensuing conversation he said that he had always consider. (Evelyn) been bitten and never handled them without the chain mail gloves. I never asked him not to use the glove, but by the end I HAVE always talked to everyone as I enter, even the of 20 minutes he was handling and cooing at the hamsters. mice. Rats, rabbits, primates, pigs, goats, snakes, bats—all He carried the glove for about a month, as he still thought definitely like to hear you enter. (With mice, however, I’m it was a trick of my training the animals. When his research never sure they care.) I also think background music helps animals came in and the projects started, however, the glove with that, although some pure behaviorists call that stress. was never used.

Many investigators adopt these methods when they see how As a footnote, after about a year, the PI told me his data had easily you can interact with the animals that otherwise may never been as tightly grouped as it has been since he came to try to bite them. I remember a PI [principal investigator] who my institution and stopped using the glove. (Michele)

AWI QUARTERLY 23 SPRING 2018 STATE LEGISLATION

STATES AND CITIES in Illinois have been found to be in the puppy to a vet. Although the OPTING OUT OF CIRCUS violation of the Federal Animal Welfare breeder pleaded guilty to abandoning ANIMAL ACTS Act several times. Allowing these Libre to die, the worst punishment he inhumane practices to continue would faced was a fine of less than $1,000. Two states and several local be irresponsible and poor stewardship While the new law maintains the governments joined a growing list of such impressive animals.” Not long much-maligned summary offense for of jurisdictions acting on behalf of after the Illinois action, the New York certain acts, misdemeanor and felony wild and exotic animals exploited General Assembly passed the Elephant charges are now available in more by circuses and other traveling Protection Act, prohibiting the use instances; for example, torturing an exhibitions this past year. In Los of elephants for circuses and other animal and neglect or cruelty that Angeles, Councilman David Ryu, who performances throughout the state. causes serious bodily injury or death sponsored that city’s new ordinance are now felonies. prohibiting “the exhibition of wild and exotic animals for entertainment or In June Texas Governor Bill Abbott amusement,” stated, “Treating animals PENNSYLVANIA, signed Senate Bill 762, which increases in this manner has taught generations TEXAS TAKE AIM AT penalties for certain especially heinous of people that it is okay to view wild ANIMAL CRUELTY acts of animal cruelty, including and exotic animals as toys. Los Angeles torturing, cruelly killing, poisoning, or must take action to make clear that Pennsylvania, long notorious for causing serious bodily injury. Incidents exhibiting animals in this way is no its weak repercussions for even the of extreme animal cruelty have been on longer in line with our City values.” worst cases of abuse, took a giant leap the rise across Texas; setting dogs on forward when Governor Tom Wolf fire has become especially common. New York City also banned the use of signed Libre’s Law. The state finally wild or exotic animals in circuses, with acted as a result of public outrage over the goal of ensuring public safety and the case of Libre, a Boston terrier who animal welfare. Mayor Bill de Blasio had been so neglected by a puppy mill signed the bill on July 28, tweeting, operator that he was close to death Libre gives his stamp of approval when a concerned deliveryman finally to the eponymous new law that “We are banning exotic animals imposes tougher penalties on from circuses in NYC because we’re convinced the breeder to let him take animal abusers in Pennsylvania. looking out for New Yorkers big and small, furry and tall.” And in Portland, Maine, the city council’s vote to prohibit circuses and other traveling shows that display wild and exotic animals was endorsed by its Health and Human Services Committee, which stated, “Animals have long been displayed for human entertainment but acceptance of this practice is shifting, and those performances are now often viewed as acts of cruelty to the captive animals involved.”

Illinois became the first state to ban the use of elephants in circuses and other traveling exhibits when Governor state legislation Bruce Rauner signed SB 1342. In a statement, bill sponsor Senator Linda Holmes said, “Traveling circuses are not able to properly care for elephants COURTESY OF GOVENOR TOM WOLF TOM GOVENOR OF COURTESY and as a result, elephant exhibitions

AWI QUARTERLY 24 SPRING 2018 Law Enforcement Agencies Ramp Up Efforts to Address Animal Cruelty

ne of the latest signs of progress in the effort to convince Some municipal police departments are also organizing O law enforcement agencies to take animal cruelty special animal cruelty investigative units. The Los Angeles seriously is the uptick in the creation of animal cruelty units Police Department has an animal cruelty task force and the in police departments and offices of district attorneys and Las Vegas Metropolitan Police Department has an animal attorneys general. cruelty unit. While there is no exact count of how many police departments are creating special units for animal cruelty The first state-level special animal unit was created in crimes, new ones do seem to be surfacing. El Paso’s, formed in January 2015 by Attorney General Mark Herring of Virginia, December 2017, is one of the most recent. The unit (pictured with Assistant Attorney General Michelle Welch at the helm. above) is comprised of four detectives, a sergeant, and an Prior to taking over the unit, Welch had already distinguished officer. Two detectives who helped lobby their chief to form herself as a champion of animals. In 2012, AWI presented her the unit noted that information available on AWI’s website with the Albert Schweitzer Medal in recognition of her work was useful in convincing Chief Greg Allen to approve their to promote diligent prosecution of animal cruelty crimes. (See request. Now, according to Sergeant Sandra Zamudio, the AWI Quarterly, winter 2012.) Since Virginia started the ball chief is “100 percent behind this unit.” rolling, the attorneys general of Missouri and New York have added such units, and more states are expected to follow. Although newly formed, the El Paso Police Department’s animal cruelty investigative unit has already demonstrated District attorneys’ offices also are creating special units to its worth. As of this writing, five people have been arrested prosecute animal cruelty crimes. As of this date, 13 such on serious animal cruelty charges (all involving dogs), specialized units exist in the United States. New York leads including the owner of Fergie, a 15-year-old boxer found the way with five, located in the counties of Albany, Erie, bleeding, emaciated, and suffering from maggot-infested Nassau, Queens, and Staten Island. The Queens Animal rotting wounds. Fergie had to be euthanized, but others Cruelty Prosecutions Unit—the first of its kind in New York among the injured and neglected dogs have recovered and City—was instigated by prosecutor Nicolette Caferri. She have been placed in homes. proposed it to District Attorney Richard Brown after she handled an appeal in the conviction of an animal cruelty case. In sum, law enforcement is getting it: Animal cruelty is Brown agreed and the unit was formed in January 2016 with serious and deserves their attention. These specialized animal Caferri in charge. California has four such units, in Fresno, Los cruelty units, dedicated to investigating and prosecuting Angeles, San Bernardino, and (most recently) Sacramento animal crimes, are being adopted as a way to better serve counties. The four remaining county-level units are in Florida animal welfare and the community at large. (Orange/Osceola), Massachusetts (Essex), Texas (Dallas), and Washington (Pierce).

AWI QUARTERLY 25 SPRING 2018 USDA Keeps Extending the Leash on Abusive Dog Breeder

he Des Moines Register published unrelenting neglect and abuse On March 25, 2011, the US attorney, T an editorial on November 13, 2016, of these poor creatures does not on behalf of the USDA, filed a civil entitled “Why won’t the USDA shut constitute any form of “protection.” complaint against Felts seeking down this serial animal abuser?” The In fact, it’s nothing more than an collection of the civil penalty. On paper of record for the state of Iowa— unconscionable dereliction of duty. January 17, 2012, judgment and order one of the biggest puppy mill states— were entered against Felts for the was referring to dog breeder Gary Felts, But there is far more to this story, in $18,938 plus interest and penalties. d/b/a Black Diamond Kennel. The particular events that occurred after the As a condition of this judgment and editorial noted that Felts had pleaded editorial’s publication. However, to truly order, he was required to file, under guilty to making false statements understand the full import of these oath and penalty of perjury, financial under oath relating to his failure to pay extraordinary actions—and inactions— disclosure statements with the US a 2010 fine levied under the Animal we need to start at the beginning. Attorney’s Office. Welfare Act (AWA).

But the Register aims its most scathing THE 2010 DEFAULT DECISION FELTS PERJURES HIMSELF IN HIS criticism at the US Department of AND ORDER 2013 FINANCIAL DISCLOSURE Agriculture for continuing to license this On January 4, 2010, the USDA filed In his 2013 statement, Felts failed to breeder despite abysmal inspections a complaint against Felts alleging 51 disclose bank and checking accounts. dating back to 2005, while describing violations of the AWA documented He also failed to disclose that he the hell that these dogs endured, as on 11 occasions from September 2005 received a workers’ compensation documented by the USDA itself in three to July 2009. These involved failure settlement of $25,000 on April 16, 2013. separate inspections from 2015 and to provide adequate veterinary care, Instead of using the settlement money 2016. The editorial raised fundamental housing, cleaning, sanitation, and to pay the civil penalty he owed from questions about how the USDA could housekeeping, as well as multiple 2010, as mandated, Felts used it to possibly have renewed Felts’s license, refusals by Felts to allow the USDA expand his kennel. year after year, even while knowing he to inspect his facility. Felts requested had lied under oath and continued to and was granted an extension of time The USDA was investigating on behalf violate the AWA with impunity, without to respond. However, he never filed of the US attorney and therefore taking any enforcement action. a timely response, and as a result, knew of the failure to disclose. As the a default decision and order was USDA investigated Felts’s fraudulent The editorial ended with a withering entered against him in June 2010. This statements and other matters related analysis—which, unfortunately, default decision, by definition, meant to the civil complaint, it continued is relevant to far too many other that Felts admitted to each of the 51 to document terrible conditions and instances of the USDA’s failure to violations. In addition to a 30-day extreme suffering at Felts’s kennel. vigorously enforce the AWA: suspension of his license (which was Despite this, and Felts’s 51 admitted lifted after Felts passed an inspection), AWA violations, the USDA continued to The mere act of observing and the judge ordered him to pay a civil renew his license to operate as a dealer. documenting the ongoing, penalty of $18,938.

AWI QUARTERLY 26 SPRING 2018 In 2013 and 2014, inspections regulations regarding his license and documented rusted surfaces and grime care of animals, including the Animal and showed Felts did not have adequate Welfare Act.” records for the dogs. Inspections from July and September 2015 and May and August 2016 detailed truly horrific, THE DEVASTATING JANUARY 11, continued suffering at the hands of 2017 INSPECTION Felts. The Register editorial described Just two months after the US attorney the depth of the dogs’ suffering detailed had announced that Felts’s probation in the latter three inspections. terms mandated compliance with all applicable laws regarding his care of animals, including the AWA, the FELTS INDICTED, PLEADS GUILTY USDA again inspected his kennel. The TO ONE COUNT appalling results (detailed in the box on On May 26, 2016, the US attorney the following page) mirrored findings charged Felts with three counts of from inspections conducted July knowingly and willfully making false 2015, September 2015, May 2016, and material statements, representations, August 2016—including extreme dental and omissions in his financial problems, severe matting, oozing disclosure statements. Felts could wounds, and feces buildup. In the May have spent 15 years in prison and been 2016 inspection, a dog’s tooth fell out forced to pay a $750,000 fine. after Felts merely touched it.

On July 13, Felts pleaded guilty to Yet despite all of this, the USDA still did one count relating to the fraudulent not file an enforcement action under 2013 financial disclosure statement. the AWA. Throughout this sordid and In November, he was fined $100 and unconscionable history of inaction and ordered to pay at least $200 per month automatic license renewal in the face to pay off the remainder of his civil of overwhelming evidence of violations penalty from June 2010. As the Register of law—both civil and criminal—the pointed out, at that rate, Felts will have USDA did not seek to permanently to pay off his debt by April 2022—a full revoke Felts’s license. 17 years after the USDA first cited him.

In a November 2016 press release, the USDA INITIATES PROCEEDINGS US attorney gave some background TO TERMINATE FELTS’S LICENSE on the case and reaffirmed that the One week later, on January 18, USDA had investigated it. He also cited the USDA filed an “order to show the conditions of Felts’s three-year cause” why Felts’s license should probation: “Felts was ordered to remain not be terminated. But it asked for current with his monthly payments termination rather than revocation, to USDA and must comply with all which, as explained below, would have applicable federal, state, and local represented a sterner penalty. And this

From 2005 until 2017, the USDA cited Gary Felts’s Black Diamond Kennel time and again for egregious violations of the Animal Welfare Act, but allowed him to retain his license to operate as a dealer. Even after he was charged with knowingly and willfully making false statements on financial disclosure forms (in an apparent effort to avoid paying his fines), he was allowed to keep breeding puppies under miserable conditions. In 2017, Felts’s license was finally terminated. Pictured at left are scenes from a 2013 inspection at the Black Diamond Kennel: puppies in filthy, deteriorating cages with wire mesh floors; a dog with severe dental issues; dogs standing out in the cold next to a bucket of frozen drinking water. Photos by USDA.

AWI QUARTERLY 27 SPRING 2018 four-page document referenced only who for years were on the ground There is no corresponding language for Felts’s 2010 default decision and order documenting Felts’s malfeasance. a license termination. The regulations and his felony guilty plea. do state that “[n]o license will be On May 30, 2017, another default issued under circumstances that the There was no mention of any of the decision and order was issued, and Administrator determines would USDA inspections. For all intents and Felts’s license was terminated. circumvent any order suspending, purposes, those 2015 through 2017 revoking, terminating, or denying a inspections may as well never have license under the Act.” Is that enough existed. The USDA certainly did not TERMINATION VS. REVOCATION to cover any businesses, employees, use them in any legal proceeding The AWA has distinct, separate sections etc. of Felts? Perhaps. Perhaps not. But against Felts. And so the Register’s regarding licensure and enforcement. what is clear is that the permanent editorial rebuke carries that much more The regulations make a noteworthy revocation language covering licensees, meaning: “Why in blazes is the USDA distinction between license termination their businesses, and their associates content to dutifully catalog the actions and permanent revocation. For is far broader and appears to be a of a serial animal abuser who has lied revocation, the regulatory language is significantly harder shield to pierce. to the agency and failed to pay his clear and quite broad. No person whose fines”—yet not use this evidence in any license has been permanently revoked What is even clearer is that the enforcement demanding the permanent shall ever have a license in their own USDA’s utter failure to adequately revocation of his license? name or in any other manner. It applies enforce the AWA, as exemplified by not only to the person whose license the awful case of Gary Felts, felon Moreover, teams of inspectors often has been revoked; any person “who has and admitted violator of the AWA, went to Felts’s kennel, indicating that been or is an officer, agent, or employee” must never happen again. AWI will do the USDA knew the situation was grave. of a revoked licensee and who was whatever we can to make that a reality The USDA attorney’s failure to mention “responsible for or participated in” the by continuing to monitor and expose even one of their reports is a slap in the violation that resulted in the revocation weak enforcement of the Animal face to each one of these inspectors shall also not be licensed. Welfare Act.

BLACK DIAMOND KENNEL JANUARY 11, 2017, INSPECTION

The following items were among the findings from the • A 2-year-old female English bulldog consistently January 11, 2017, USDA inspection of Felts’s premises. squinted her eye. She would completely close it with • A 9-year-old male poodle had severe dental tartar, sores excessive blinking. Her inner eyelid was red and swollen. on both front feet, and excessive matting. There was She pulled her head away when the inspector tried to creamy, yellow discharge from his cheek teeth. His gums examine closer. were bright, red, puffy, and pulling away from the tooth • A 3-year-old male English bulldog had red, patchy, root. Both front feet had open wounds and were red and swollen hairless regions on both cheeks, neck, and both swollen. Matting extended all over his body. front feet. He had a dark yellow, crusty region on his right • A 7-year-old male Chihuahua had severe dental tartar. cheek. His entire muzzle, chin, and neck down to chest There was creamy, yellow discharge on his canine teeth. bone were moist, sticky, hairless, and severely red. Both His gums were bright, red, puffy, and pulling away from feet were warm to the touch, severely red, and swollen, the tooth root. He had no other teeth. with large patches of hair loss. • An 8-year-old female English bulldog was squinting. • An enclosure with six puppies had a build-up of feces Her inner eyelids were red, swollen, and tearing, with covering more than 75 percent of the surface. There were brownish-yellow discharge. The whites of both her eyes 29 adult dogs in enclosures with brown grimy residue on were severely bloodshot. doors, walls, and corners of the concrete floor.

AWI QUARTERLY 28 SPRING 2018 SECOND NATURE FILMS NATURE SECOND Name Brands Complicit in Kangaroo

A young kangaroo in the care of a wildlife rehabilitator after his mother was killed. Slaughter

If you ask the average American what they know of Australia, government as ripe for expanded export markets. In they mightyou ask mention the average the Sydney American Opera what House, they didgeridoos, know of Russia,California, and despite the state a concerted of California lobbying are seen effort by the by theAustralian boomerangs,Australia, the they Great might Barrier mention Reef, thethe Outback,Sydney Opera and, ofHouse, governmentAustralian government as ripe for expanded and the industry, export markets. a ban on In the Ifcourse, didgeridoos, Australia’s iconic boomerangs, wildlife, the including Great Barrier crocodiles, Reef, koalas, the California,importation despite of kangaroo a concerted products lobbying was reinstated effort by inthe 2016. Outback,and kangaroos. and, of The course, kangaroo, Australia’s whose iconic stylized wildlife, silhouette including is AustralianThe United government States as a whole, and the however, industry, remains a ban on the the second crocodiles,the symbol koalas, of Quantas and kangaroos. Airways, who The is kangaroo, the mascot whose of many importationlargest market of forkangaroo kangaroo products products. was reinstated in 2016. stylizedof the country’s silhouette athletic is the teams,symbol and of Quantas whose image Airways, is featured who is The United States as a whole, however, remains the second thein Australia’s mascot of tourismmany of promotions, the country’s may athletic be the teams, world’s and most whose largestWith the market US government’s for such products. blessing, an astonishing amount imagerecognizable is featured animal in Australia’s ambassador. tourism promotions, may be of kangaroo products are imported into the United States: the world’s most recognizable animal ambassador. Anin 2015 astonishing alone, over amount 1.9 million of wild pounds kangaroo of productsmeat, over flow 387,000 into What Americans may not know is that Australia’s biodiversity theshoes, country nearly each 48,000 year: large In 2015 leather alone, products, according close to US to Fish9,000 Whatis collapsing Americans as a may result not of know relentless is that land Australia’s clearing, biodiversity climate is andwhole Wildlife skins, Serviceand over data, 12,000 the poundsUnited States of bones. imported The meat over 1.9 collapsingchange, wild as firea result severity, of relentless and invasive land clearing, species, climate resulting change, in millionis sold in pounds restaurants of meat, serving over 387,000 exotic species shoes, nearly or directly 48,000 to large wildfirean extinction severity, rate and higher invasive than species,that of anyresulting other in country an extinction on leatherconsumers, products, while close the skins to 9,000 are wholeused to skins manufacture (nearly 27,000 leather ratethe planet. higher thanIts kangaroos that of any are other the victimscountry ofon ranchers the planet. and squaregoods such meters as ofsoccer whole cleats skins and or skin goalkeeper pieces), gloves.and over According 12,000 a commercial kangaroo industry that engages in a brutal poundsto 2014 data,of bones. the companiesThe meat is importing served in restaurants kangaroo products that feature Asslaughter for the thatkangaroo, turns eachmillions year of millions kangaroos of the annually animals into are pet exoticinclude species household or sold names directly such to consumers,as Adidas, Louis while Vuitton, the skins Nike, slaughtered.food, leather Undergoods, cover and burgers. of darkness, hunters equipped areVersace, used BMW,to manufacture Dolce & Gabbana, leather goods Under such Armour, as soccer Ferragamo cleats with powerful spotlights mounted on trucks ruthlessly gun andUSA, goalkeeper and Giorgio gloves. Armani. According to 2014 data, the companies downWhat beganthese animals as a cull for to thecontrol manufacture kangaroos of wrongly pet food, blamed leather for importing kangaroo products include household names such as products,competing and with meat livestock for human for grass consumption. has become a profit-driven, Adidas,These companies’ Louis Vuitton, complicity Nike, Versace, in this BMW,gruesome Dolce spectacle & Gabbana, commercial enterprise that requires kangaroo carcasses to Undershould Armour, not go unchallenged. Ferragamo USA, Consumers and Giorgio have Armani. the power Whatsatisfy began domestic as a andcull toforeign control demand kangaroos for kangaroo wrongly blamed products. for to stop this cruel industry by refusing to purchase their competingAs profits withgrew, livestockso too did for efforts grass has by becomepoliticians a profit-driven to protect Theseproducts. companies’ If their bottom complicity line instarts this togruesome suffer as spectacle a result of commercialand promote enterprise. the industry, As profits by industry have apologistsgrown, so haveto sell efforts it as (notcompassionate to mention choices that of themade US by government) consumers, shouldthey will not rethink go bysustainable, politicians and to protect by bureaucrats and promote and governmentthe industry, scientistsby industry unchallenged.their use of kangaroo Consumers products have and the theirpower role to instop the this largest cruel representativesto ensure high kill to sellquotas. it as Thesustainable, situation and is chronicled by bureaucrats in grim and industrycommercial by refusingslaughter to of purchase wildlife intheir the products. world. To Iflearn their more governmentdetail in the scientistsdocumentary to ensure Kangaroo: high killA Love-Hate quotas. The Story situation (see bottomabout this line issue, starts see to thesuffer documentary as a result Kangaroo:of compassionate A Love-Hate isreview chronicled on the in following grim detail page). in the documentary Kangaroo: A choicesStory, reviewed made by on consumers, the following they page. will rethink their use of Love-Hate Story (see review on the following page). kangaroo products and their role in the largest commercial The documentary identifies the European Union as the slaughter of wildlife in the world. Theleading European importer Union of kangaroo is the leading products, importer while of China, kangaroo Russia, products,and the state according of California to the aredocumentary, seen by the while Australian China,

AWI QUARTERLY 29 SPRING 2018 REVIEWS

KANGAROO 2018 / Kate Clere McIntyre and Mick McIntyre / 96 minutes including government scientists, who continue to promote export of kangaroo products—including kangaroo meat The secrecy, brutality, corruption, scientific malfeasance, and contaminated with E. coli and Salmonella. greed that drive the Australian kangaroo hunt (see preceding page) are depicted in Kangaroo: A Love-Hate Story, an For those who despise animal cruelty, Kangaroo may be award-winning documentary by filmmakers Kate McIntyre difficult to watch. The film includes images of kangaroos Clere and Mick McIntyre. Using archival footage, stunning being shot, hunters dismembering their kills and leaving body images of kangaroos in the wild, and gruesome video of parts (including heads) in the field to rot, injured kangaroos their killing, along with interviews with politicians, agency left to die a prolonged and painful death, joeys ripped from officials, scientists, hunters, ranchers, and kangaroo protection their mother’s pouch and killed by blunt force trauma, advocates, the film provides a riveting and compelling and an orphaned joey too weak or young to stand or hop. examination of the history, complexities, and realities behind Nevertheless, the grotesque cruelty of the hunt, as well as its the all-out assault on the kangaroo. lack of scientific justification, must be exposed if this massive commercial killing of kangaroos is to end. In Kangaroo, scientific evidence is presented to counter claims that the hunt is well managed and sustainable and to Kangaroo is not all violence and gore, though, as it depicts the dismiss the perception of kangaroos as overabundant pests. efforts of scientists, politicians, citizens, an aboriginal elder, It shows that government officials are, in fact, manufacturing and landowners who engage in research, collect evidence of “paper” kangaroos through dubious data extrapolations and the hunt’s barbarity (often risking their own lives), and speak population count correction factors in order to maintain the out to expose the realities of the hunt and the industry in kill quotas. In reality, kangaroo populations are declining and order to stop the slaughter. the species range is contracting, with evidence of localized extermination. Such data are ignored by industry apologists, For more on the film, visit www.kangaroothemovie.com.

AWI QUARTERLY 30 SPRING 2018 REVIEWS

THE INNER LIFE OF ANIMALS The Inner Life of Animals is an engaging read and a Peter Wohlleben / Greystone Books / 272 pages layperson’s guide to the nascent science of animal cognition. As an aside, some readers may balk at occasional lapses into In The Inner Life of Animals: Love, Grief, and Compassion— too-precious language—for example, describing baby animals Surprising Observations of a Hidden World, author Peter as “tykes” (although that may be chalked up to an awkward Wohlleben expertly blends anecdote, personal observation, translation from the original German). On a more serious scientific conclusion, and inference from physiology and note, the invasive nature of some of the scientific experiments behavior to show us that a wide variety of animals experience described in the book is troubling. Nevertheless, there is an a broad range of thoughts and feelings, many of which are overall sense of awe engendered by this book. One cannot very similar to our own. For example: help but walk away thinking we have more in common with the other animals on this planet than we have differences. Animals lie. To protect their precious winter nut caches from theft by other squirrels, squirrels will only pretend to bury something when other squirrels are watching. WOLF NATION Animals behave altruistically. Vampire bats who return to the Brenda Peterson / Da Capo Press / 304 pages cave well fed will share their meal with other bats who may not have fared so well. Amazingly, the bats keep score, and Wolf Nation: The Life, Death, and Return of Wild American those who have been more generous in sharing are the first to Wolves tackles the very difficult issue of human coexistence be looked after when they, too, run into a string of bad luck. with wolves and how polarizing it has become—pitting federal against state governments, rural against urban, Animals express gratitude. Four-year-old human Gaby was a unfettered “use” against preservation. The book looks at the messy eater but crows in her yard were only too happy to help thousands of wolves killed at the hands of private citizens in clean up. When Gabi got older, she began sharing her lunch state-sanctioned hunting and trapping and by the USDA’s with the crows as she walked to the bus stop, and then began Wildlife Services program. Wolf Nation also discusses the feeding them daily at a backyard feeder. Shortly afterwards, positive side: wolf advocates and ranchers working together crows began bringing her gifts: bits of glass, broken jewelry, to help decrease livestock depredation and prevent human- screws. This largesse extended to a camera lens cap that Gaby’s wildlife conflict. mother had lost—one day, it showed up on the bird feeder. And then there are the stories of the wolves themselves—the And more—you’ll learn why it doesn’t always pay to be the complex lives that they lead, the strong family bonds they head deer in a herd, how bees share information about pollen have, and the individual wolves who have acquired a degree sources, and what could induce a marten to destroy a car. of fame, such as OR7 (“Journey”), the first gray wolf to arrive back in California in 2012 after wolves were extirpated from Wohlleben is the manager of a woodland in Germany and the state in 1924, and Yellowstone’s most famous wolf, 832F thus has firsthand knowledge of the working of ecosystems (“06 Female”), the alpha female killed in Wyoming by a trophy and of the importance of animals and insects we might hunter when she stepped outside the park’s boundaries. consider pests. Wasps, for example, are a boon to gardeners because they eat worms that feast on cabbages. But lest we In addition to providing an interesting history on wolves in romanticize the natural order of a functioning ecosystem, America, Wolf Nation does a good job of emphasizing just Wohlleben reminds us that “what we understand as a finely how much wolves need us right now in their struggle to tuned balance between prey and predators is in reality a return to areas they once occupied, as well as their potential harsh struggle with many losers.” to restore the healthy ecosystems we all depend upon.

Bequests If you would like to help assure AWI’s future through Donations to AWI, a not-for-profit corporation exempt under a provision in your will, this general form of bequest is Internal Revenue Code Section 501(c)(3), are tax-deductible. suggested: I give, devise and bequeath to the Animal Welfare We welcome any inquiries you may have. In cases in which you Institute, located in Washington, DC, the sum of have specific wishes about the disposition of your bequest, we $ and/or (specifically described property). suggest you discuss such provisions with your attorney.

AWI QUARTERLY 31 SPRING 2018 Non-Profi t Org. US Postage P.O. Box 3650, Washington, DC 20027 PAID Return Service Requested Washington, DC Permit No. 2300

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SPEAK UP STUDENTS! A VOICE FOR ANIMALS CONTEST IS BACK

AWI, together with the Humane the protection of species threatened popular Animorphs series and The One Education Network, is pleased to with extinction. The entrants’ creative and Only Ivan has graciously agreed to announce the 2018 A Voice for Animals solutions and active involvement in provide winning entries in this category Contest. Students age 14–18 are invited eff orts to improve the lives of animals with signed copies of her new book, to submit essays, photos, or videos reinforce our position that compassion Endling #1: The Last. that address issues aff ecting animals and empathy for other living beings can around the globe. and should be encouraged early in life. Submissions will be accepted through Each year we are heartened by the This year’s contest will include a special April 30, and the winners will be many contest entries we receive essay category for 14- to 15-year-olds announced on June 11, 2018. Please that tackle tough problems such as who write about endangered species. visit www.hennet.org for more details animal cruelty, climate change, and Katherine Applegate, author of the and instructions on how to enter. CASARSAGURU