The State of the Animals: 2001 More Than a Slap on the Wrist

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Overview: The State of Animals in 2001

Paul G. Irwin

he blizzard of commentary tors have taken part in a fascinating, environments; and change their inter- marking the turn of the millen- sometimes frustrating, dialogue that actions with other animals, evolving Tnium is slowly coming to an end. seeks to balance the needs of the nat- from exploitation and harm to Assessments of the past century (and, ural world with those of the world’s respect and compassion. more ambitiously, the past millenni- most dominant species—and in the Based upon that mission, The HSUS um) have ranged from the self-con- process create a truly humane society. almost fifty years after its founding gratulatory to the condemnatory. The strains created by unrestrained in 1954, “has sought to respond cre- Written from political, technological, development and accelerating harm atively and realistically to new chal- cultural, environmental, and other to the natural world make it impera- lenges and opportunities to protect perspectives, some of these commen- tive that the new century’s under- animals” (HSUS 1991), primarily taries have provided the public with standing of the word “humane” incor- through legislative, investigative, and thoughtful, uplifting analyses. At porate the insight that our human educational means. least one commentary has concluded fate is linked inextricably to that of It is only coincidentally that the that a major issue facing the United all nonhuman animals and that we choice has been made to view the States and the world is the place and all have a duty to promote active, animal condition through thoughtful plight of animals in the twenty-first steady, thorough notions of justice analysis of the past half century—the century, positing that the last few and fair treatment to animals and life span of The HSUS—rather than of decades of the twentieth century saw nonhuman nature. the past hundred years. It is in the unprecedented and unsustainable A humane society is compassion- last half-century that the role of ani- destruction of the natural world. This ate, sustainable, and just. It counts mals in modern life has changed in was taking place even as the concepts on a hopeful worldview that calls on unprecedented ways. Only in the of animal rights and human obliga- the better qualities of all people. It is last half century, for example, have tions gained currency in modern life driven by the moral imperative that domestic animals in the developed for the first time (Irwin 2000). every creature deserves (1) our con- world been freed from lives as beasts My own conclusions aside, it seems cern, by which we mean a caring of burden or have nonhuman pri- highly appropriate for scholars, re- heart, (2) our respect, by which we mates been granted recognition, by searchers, and opinion makers in the mean a mindful attitude, and (3) our some thinkers, as so cognitively simi- animal protection and animal re- consideration, by which we mean lar to their human relatives that they search fields to evaluate the position intellectual engagement with the merit inclusion in the human social of animals in society at the dawn of threats and diminutions to that framework of protection and justice the twenty-first century. Many con- animal’s well-being. It is perhaps (Cavalieri and Singer 1993). tributors to this volume are members obvious why The HSUS believes it From the animals’ perspective, the of the staff of The Humane Society of has as its mission the creation of a past half-century has not been one the United States (HSUS) and, as humane society. Indeed our vision of uninterrupted progress, however. such, share an overarching commit- statement envisions a world in Indeed, as some conditions have ment to creating a more humane which people meet the physical and improved, others have remained frus- society. Others are scholars from emotional needs of domestic ani- tratingly unchanged, and still others higher education. All of the contribu- mals; protect wild animals and their have undoubtedly deteriorated. 1 From 1973 to the present, the Table 1 demographics of dogs and cats in Shelter Euthanasia of Owned Animals shelters has changed dramatically. Table l presents summary estimates Total Owned Approximate % of of what has happened in the nation’s Year Dogs and Cats Euthanized Owned Animals Euthanized approximately 3,000 shelters (data from Rowan and Williams 1987; Rowan 1973 65 million 13.5 million 21.0 1992b; HSUS 2000). 1982 92 million 8–10 million 10.0 As one can see, shelters have made tremendous strides in reducing both 1992 110 million 5–6 million 5.5 the absolute and the relative number 2000 120 million 4–6 million 4.5 of animals euthanized because they are not wanted. Other evidence indicates that the rates of sterilization of How then to assess progress and ership.” The term “pet” itself had owned animals are already high and failure? In the absence of a universal- begun to be replaced by the more dig- continue to rise slowly and that there ly accepted, consistently applied set nified and evocative “companion ani- are parts of the country where it is of standards for data collection and mal,” which was being applied to ani- difficult to find puppies available for analysis, any attempt to answer the mals who carried with them more adoption in shelters. Shelters are now question, What is the state of ani- than minimal monetary value. addressing the challenges represent- mals in 2001?, must be based on a There are few good data on owned ed by the stray and feral cat popula- series of snapshots, an accumulation animal populations in the United tions by reaching out to cat colony of statistics from which we can draw States from 1950 to 1972. From 1970 feeders and are also looking at the conclusions. onwards, however, we have relatively challenges posed by harder-to-adopt reliable trend information as a result groups of dogs (e.g., those with behav- of surveys by a variety of organiza- ior problems and older animals). How Has tions. The surveys do not all agree in A number of trends can be cited as terms of the total number of owned proof of improving conditions for the State dogs and cats, but the trend data are dogs and cats. The most enlightened the same. In summary, the number of shelters have invested in better facili- of the Animals owned dogs and cats has increased ties, better training of shelter person- from around 60 million in 1970 to nel, and broad-based public education Improved? around 115–120 million in 2000. campaigns extolling the benefits of While total numbers of owned dogs pet sterilization; they have developed Dogs and Cats: No and cats have steadily increased more innovative adoption policies, Longer Expendable (because the total number of house- better forms of euthanasia and steril- holds in the United States almost ization, and a more sophisticated Property doubled, from around 60 to 100 mil- interaction with local governing bod- In 1950 in the United States, by and lion, over this time period), the actu- ies. Other shelters have struggled to large, dogs and cats were termed al rate of ownership of dogs (i.e., the improve their efforts in these areas “pets” and typically roamed and number per household) began to as expectations in their communities reproduced at will. If they made nui- decline in the mid- to late-1980s rose. Dialogue on the validity of sances of themselves, they were rele- while the rate of ownership of cats euthanasia as a means of pet popula- gated to the “pound,” where they stabilized in the mid- to late-1990s tion control and on the intrinsic value received an unmourned, often inhu- (Patronek and Rowan 1995; Rowan of companion animals above and mane, death. If they wandered off or and Williams 1987). Currently, approx- beyond their “market” value has were hit by cars, their human fami- imately 32 percent of households own added a moral dimension to the lies—if they had one—might view the at least one dog and 28 percent own previously unexplored relationship loss regretfully, but fatalistically. at least one cat (Rowan 1992a; AVMA between “guardian” and “companion Leash laws, spay/neuter contracts, 1997). Over the same time frame, the animal.” An expanding recognition of animal-care facilities, and compan- number of stray or feral dogs appears the link between cruelty to animals ion animals were alien concepts. By to have declined substantially. The and other forms of human violence 2000 most “pounds” had given way same cannot be said of stray and feral has legitimized concerns about pet to “animal shelters” and “animal- cats. There are no reliable estimates abuse. Such concerns have goaded care-and-control facilities” and spay- of the stray and feral cat population in law enforcement officials into pursuing and neutering had become part of the United States, but it could range ing abusers more vigorously and the concept of “responsible pet own- from 25 to 50 million individuals. judges into sentencing offenders to

2 The State of the Animals: 2001 more than a slap on the wrist. Knee-jerk, simplistic responses, such Table 2 as dog-breed-specific bans, to com- Hunters, by Census Division, 1955–1985 munity companion animal problems have prompted serious discussions Number of Total U.S. of responsible pet ownership, discus- Year Hunters (Millions) Population (Millions)* Percent sions that would have been impossible to hold in 1950. The need for data 1955 11.8 118.4 10.0 on pet population demographics 1960 14.6 131.2 11.2 spawned the creation of the National Council on Pet Population Study and 1965 13.6 142.0 9.6 Policy in 1993. 1970 14.3 155.2 9.2 The decline in pound seizures and the widening disapproval of puppy 1975 17.1 171.9 9.9 mills reflected the rejection of the 1980 16.7 184.7 9.1 concept of dogs and cats as commodities. That rejection was nowhere 1985 16.3 195.7 8.4 more evident than in the revulsion *U.S. population twelve years and older generated nationwide in 1998 by the Note: 1955 was the first year that the survey was conducted. The information is based revelation that foreign-made clothing on data from seven surveys conducted every five years, from 1955 to 1985. and novelties using dog and cat fur Source: 1991 National Survey of Fishing, Hunting, and Wildlife-associated Recreation, were being sold in the United States U.S. Fish and Wildlife Service (HSUS 1998). Federal legislation to ban the items (which are produced under inhumane conditions) was Table 3 introduced in the U.S. Congress and by mid-2000 had thirteen cosponsors. Paid Hunting License Holders, 1989–1999

Number of Paid National Population Percentage of The Decline License Holders Estimate Population that in Sport Hunting Year (Millions)* (Millions)** Hunts The number of hunters as a percent- 1999 15.1 273.8 5.5 age of the population has been declining in the United States for nearly 1998 14.9 270.3 5.5 thirty years (see Table 2). A number of factors are thought to be con- 1997 14.9 267.8 5.6 tributing to the decline, including 1996 15.2 265.2 5.7 lack of discretionary recreational time; difficulty in gaining access to 1995 15.2 262.8 5.8 acreage on which hunting is permit- 1994 15.3 260.3 5.9 ted; decreasing acreage on which hunting is permitted (and the resul- 1993 15.6 257.8 6.1 tant crowded conditions experienced therein); and most important, 1992 15.8 255.0 6.2 changes in the social support system 1991 15.7 252.2 6.2 that once encouraged hunting as a recreational pastime, but that now 1990 15.8 249.5 6.3 discourages it. 1989 15.9 246.8 6.4 State wildlife agencies, most of which rely heavily on sales of hunting *A paid license holder is one individual regardless of the number of licenses purchased. and fishing licenses and disbursement Source: Fiscal Year Reports of U.S. Fish and Wildlife Service, Office of Federal Aid of hunting-related federal dollars for **Source: Historical National Population Estimates, Population Estimates Program, Population Division, U.S. Census Bureau their funding, are concerned by the decline (see Table 3). In recent years they have developed programs aimed at retaining current hunters and recruiting new ones, focusing on under-

Overview 3 Table 4 Public Opinion on Wearing Fur

Question Year % Accepting Fur % Opposing Fur

Is it okay to wear (ranch) fur coats? (Sieber 1986)* 1986 45 47

Thinking about specific ways that humans assert their dominance over animals, please tell me if you think each of the following practices is wrong and should be prohibited by law, if you personally disapprove but don’t feel it should be illegal, or if it is acceptable to you: 1989 13 85 Killing animals to use their skins for fur coats. (Roper Center 1989a)

Do you think there are some circumstances where it’s perfectly okay to kill an animal for its fur or do you think it’s wrong to kill an animal 1989 50** 46*** for its fur? (Roper Center 1989b)

Do you generally favor or oppose the wearing of clothes made of animal furs? (Balzar 1993) 1993 35 50

The use of animal fur in clothing should be banned in the United States. (Survey Research Center, University of Maryland, College Park 1999) 1999 43.8 51.4

*Survey of 802 Toronto adults **Responding that under some circumstances it would be all right to kill an animal for its fur. ***Responding that it would always be wrong to kill an animal for its fur. represented constituencies such as population taking part in the activity. for sport—a reversal in attitudes in women and children. How long one The best news for animals may be twenty years (Balzar 1993). A 1995 remains an active hunter is strongly that the decline in hunting has more Associated Press poll revealed similar associated with the age at which one to do with changes in society—a attitudes (Foster 1995). first begins to hunt, so state agencies growing rejection of the idea of The decline of hunting in the Unit- are recruiting very young hunters killing for fun—than with any logisti- ed States is likely to continue. through special licenses and special cal problems that make hunting more children’s days. Most state wildlife difficult. In the late 1970s, 64 per- The Decline agencies sponsor “outdoors woman” cent of 2,500 Americans surveyed workshops that focus on developing approved of recreational hunting pro- in Trapping skills associated with sport hunting. vided that the hunter used the meat and Fur Sales Sport hunting continues an overall (Kellert 1979). A 1993 poll by the Los Since the 1980s, the fur fashion decline that began in 1975, both in Angeles Times found that 54 percent industry also has declined significant- overall numbers and in percent of the of the polled sample opposed hunting ly. Once a widely desired symbol of

4 The State of the Animals: 2001 success and beauty, fur fashion has become controversial because of its link to questionable practices such as trapping and fur ranching, publicized by animal protection and animal rights groups. Surveys from 1986 to 1999 on public attitudes toward fur reported a range of attitudes. Accep- tance of fur varied from a high of 50 percent (“under some circumstances”) to a low of 13 percent (see Table 4). Despite the “fur is back” hype spread by the fur industry at the end of the decade, U.S. retail fur sales—a statistic created by the fur industry itself—remain flat (see Figure l). Even with zero inflation, low unemployment, a booming stock market, and increased spending by consumers, fur apparel is not selling. Imports of all types of fur apparel continue to decline as retailers fail to empty their showrooms by winter’s end. Fur-apparel imports, which make up at least 60 percent of the U.S. fur market, are considered to be a reliable indicator of the health of the U.S. fur industry (see Figure 2). The number of wild animals trapped for their fur in the United States has declined from 17 million in the mid- 1980s to 3 million in 1999–2000. The United States is one of only three nations in the world that allows the use of devices such as the steel-jawed leghold trap, and the fashion industry has tried its best to distance itself from the cruelties of trapping. Fur from wild-caught animals has lost favor in the United States, and Russia, which traditionally has been a top consumer of wild-caught fur, has suffered an economic downturn that has hit the United States has fallen from 4.6 mil- raised mink killed worldwide declined fur industry hard. lion in 1989 to 2.8 million in 1999 from 41.8 million in 1988 to 26 mil- U.S. caged (or ranched) mink facil- (see Table 5). The number of cage- lion in 1999. Farmed foxes fell from ities have decreased by more than 50 raised foxes has declined from 100,000 5.6 million killed in 1988 to approxi- percent since the mid-1980s (see Fig- to 20,000 annually over the decade mately 3 million killed in 1999. The ure 3). The decline is attributed by from 1990 to 2000. Items of clothing Netherlands and Sweden have outlawed the fur industry and anti-fur activists made primarily from fur comprise fox farming, and Austria has effective- alike to low profits and an uncertain only 20 percent of the fur-apparel ly banned fur farming altogether. market future. Some fur farms have market; the rest is made up of fur- However, the fur industry is now closed down completely; others have lined garments (50–60 percent) and turning its attention to Asia as a pri- consolidated. Farmers face selling fur-trimmed items (20 percent), a mary market for fur apparel. New- mink pelts at prices lower than the reflection of the trend to “hide” fur in found wealth has allowed many Asians costs associated with breeding and linings or accents to avoid controversy. to adopt traditional Western life- raising the animals. As a result, the In Europe and elsewhere, the story styles, including luxury goods such as number of mink killed annually in the is the same. The number of cage- fur coats.

Overview 5 Table 5 U.S. Caged-Fur Statistics

Pelts No. of U.S. Produced Pelt Value Average No. of Females Mink No. of Farms Year (Millions) (Millions) $/pelt Bred Facilities with Fox

1975 3.07 $74.0 $24.10 1,084

1976 3.03 $87.8 $29.00 1,015

1977 3.08 $87.1 $28.30 1,040

1978 3.36 $132.0 $39.30 1,095

1979 3.39 $139.5 $41.10 1,105

1980 3.5 $123.6 $35.30 1,122

1981 $32.20

1982 4.09 $118.1 $28.90 1,116

1983 4.14 $123.7 $29.90 1,098

1984 4.22 $130.0 $30.80 1,115,000 1,084

1985 4.17 $116.8 $28.00 1,115,000 1,042

1986 4.1 $170.0 $41.30 1,073,000 989

1987 4.12 $177.2 $43.00 1,077,000 1,027

1988 4.45 $143.8 $32.30 1,198,000 1,027

1989 4.60 $93.9 $20.40 1,202,000 940

1990 3.37 $85.8 $25.50 922,200 771

1991 3.27 $71.6 $21.90 874,000 683

1992 2.89 $71.8 $24.80 782,000 571

1993 2.53 $86.2 $34.10 712,800 523 58

1994 2.53 $82.6 $33.00 708,300 484 47

1995 2.69 $142.8 $53.10 678,200 478 49

1996 2.65 $93.5 $35.30 714,900 449 40

1997 2.99 $99.1 $33.10 705,200 452 31

1998 2.94 $72.9 $24.80 659,900 438 31

1999 2.81 $94.8 $33.70 660,400 404 27

Source: “Mink” USDA National Agricultural Statistics Service

6 The State of the Animals: 2001 An Increased Presence in Federal and State Legislation Many animal protection issues are handled exclusively at the state level. Mandatory spay/neuter legislation, animal control laws, and general anticruelty laws, for example, must be passed state by state. Although in 1950 every state had an anticruelty law, a multitude of new and important laws have been passed since then. The period between 1980 and 2000 was particularly active. Although Massachusetts made cruelty to animals a felony offense in 1804, only three other states (Oklahoma, Rhode Island, and Michigan) had joined it by 1950. By 2000 twenty-seven other erinarians reporting suspected ani- animal protection, animal welfare, states had made cruelty to animals a mal cruelty immunity from civil and/ and animal rights organizations over felony offense—all since 1986 (see or criminal liability. last fifty years. In the United States Figure 4). Sixteen states have man- In 1950 there were three signifi- prior to 1950, only the American dated psychological counseling as cant pieces of federal legislation pro- Humane Association had an overtly part of their anticruelty provisions. A tecting animals from suffering: the national focus on all aspects of animal requirement that a bond be posted to so-called Twenty-Eight Hour Law, protection. Three anti-vivisection cover costs associated with holding which requires that animals be un- organizations had claimed national animals prior to court disposition has loaded and provided with food, water, audiences for many decades. Several been passed in six states. This brings and rest for five hours when trans- prestigious and influential state- to thirteen the number of states that ported across state lines for more oriented organizations, including the ease the financial burden on animal than twenty-eight hours; the Lacey American Society for the Prevention shelters, which may have to house Act (1900), which prohibits commerce of Cruelty to Animals (ASPCA), the seized animals for months until a cru- in animals protected by law; and the Massachusetts Society for the Preven- elty case comes to trial. Forty-five Bald Eagle Protection Act (1940). tion of Cruelty to Animals, and the state laws making dogfighting a (The Smoot-Hawley Tariff Act, passed Women’s SPCA of Pennsylvania, had felony offense have been passed since in 1930, and the Migratory Bird Treaty set agendas within their jurisdictions 1975. Cockfighting is illegal in Act, passed in 1918, might also be that served as models and inspira- forty-seven states and a felony offense included as animal protection legisla- tions for groups across the country, in twenty. Thirteen states now have tion.) By 2000 there were ten pieces but, by and large, had not lobbied vanity-license plate programs that of federal legislation, including the Congress. The 1950s saw the creation support spay/neuter efforts and six Humane Slaughter Act (1958); the of the Animal Welfare Institute, the states have pet overpopulation funds Endangered Species Act (1966); the Society for Animal Protective Legisla- to help increase the number of spayed Laboratory Animal Welfare Act (1966) tion, Friends of Animals, the Catholic or neutered pets in the community. and its subsequent amendments, in Society for Animal Welfare (later the Twenty-seven states have laws man- 1970—when the name was changed International Society for Animal dating that animals adopted from to the Animal Welfare Act—1976, Rights), and The HSUS. The 1960s shelters be spayed or neutered, and 1985, and 1990; the Wild Free-Roam- gave birth to the Fund for Animals, sixteen states now have consumer ing Horse and Burro Act (1971); the United Action for Animals, the Ani- protection laws covering the purchase Horse Protection Act and Fur Seal Act mal Protection Institute, and the of animals from pet stores. Eight (1976); the Marine Mammal Protec- International Fund for Animal Wel- states prohibit tripping horses for the tion Act (1982); and the Humane fare. Greenpeace, the Animal Legal purposes of sport or entertainment. Transport of Equines to Slaughter Act Defense Fund, People for the Ethical Nine states have passed laws prohibit- (1998). Treatment of Animals, and a number ing the sale of items made from the One factor behind the increased of single-issue national groups fol- fur of dogs and cats. As of 2000 six success at the federal level was the lowed in the 1970s and 1980s. By the states had enacted laws that give vet- tremendous expansion of national 1990s these groups had solidified

Overview 7 ness more apparent than in the Table 6 remarkable transformation of wild Number of Horses and Participants horse from vermin to symbol of Amer- by Industry, 1999 ican freedom. Since the 1920s, thousands of wild horses had been system- atically slaughtered each year by Activity No. of Horses No. of Participants Western ranchers, who viewed the Racing 725,000 941,400 horses as competition for their cattle- grazing public range land. By the Showing 1,974,000 3,607,900 early 1950s, hundreds of thousands Recreation 2,970,000 4,346,100 of wild horses had been rounded up and sent to slaughter. Galvanized by Other* 1,262,000 1,607,900 Velma B. “Wild Horse Annie” Johnson Total 6,931,000 7,062,500** of Nevada, an early opponent of such roundups, schoolchildren nationwide *Includes farm and ranch work, police work, rodeo, and polo. undertook a letter-writing campaign **The sum of participants by activity does not equal the total number of participants because that resulted in passage of the federal individuals could be counted in more than one activity. Wild Free-Roaming Horse and Burro Source: American Horse Council Act of 1971. This law prohibited the capture, branding, harassment, and slaughter of wild horses and delegat- ed their oversight, removal, and adop- their bases of support and had invest- conveying men and artillery into bat- tion into private hands to the U.S. ed resources in lobbying members of tle. Through the 1920s horses disap- Department of Interior’s Bureau of Congress. They could point to several peared at the rate of 500,000 a year. Land Management (BLM). Although significant successes at formal coali- Most were sold to meatpackers to be the BLM has been strongly criticized tion building among themselves, but processed into dog food, bonemeal, for its management of wild horses, the majority of their efforts were leather, and glue. The price of horses their protection was a major achieve- undertaken in informal alliances, par- reached an all-time low in 1950, and ment and demonstrated the depth of ticularly at the federal level. Alliances the horse population continued its the affection of the American public with environmental and conservation, steady decline until only about 3 mil- for the horse. social-justice, health advocacy, and lion horses could be found in the The horse-racing industry expand- consumer groups were less frequent United States in 1960, according to ed under the influence of increased but had occurred in pushing success- the U.S. Department of Commerce. pari-mutuel wagering until the mid- fully for favorable action on shared Then, a generally expanding economy 1980s. The number of registered agendas. Such cooperation reflected and an emerging middle class located Thoroughbreds (the vast majority of a level of political sophistication in the new suburbs (surrounded by which have always been bred for the unheard of on the national scene open land) led to an increase in par- racetrack) rose from 9,095 in 1950 to prior to 1950. ticipation in equestrian sports. A 24,361 in 1970 and peaked in 1986 at 1964 Cornell University study con- 51,296 before a change in tax laws cluded that “The horse has become a The Evolution made it less attractive to be involved status symbol for…entire families” in horse-related businesses. Competi- of the Horse (Howard 1965). Previously, only the tion from heavily televised sports Thoroughbred’s role in racing, long from Commodity led to an overall decline in racetrack acknowledged as the sport of kings, to Companion attendance and betting handle, had given horses a patina of glamour. although annual Thoroughbred foal After centuries of exploitation as a For many newly minted equestri- registrations rebounded somewhat in means of transport in war and peace, ans, the horse evolved from a status the 1990s to stabilize at approxi- the horse was fast becoming obsolete symbol to a member of the family. mately 36,000. in the United States by 1950. The Early television series like “My Friend Racehorses did not all live the life domestic horse and mule population Flicka,” “Mr. Ed,” “The Roy Rogers of Secretariat, the 1973 Triple Crown had peaked in 1915, at approximately Show,” and “Fury” featured horse winner who was named Athlete of the 26 million, in response to increased heroes interacting with their human Year by Sports Illustrated (against demands from farming, particularly families much as did the canine stars human competition), as well as the in hauling large tilling equipment. of “Lassie” and “Rin Tin Tin.” Eclipse Award winner of Horse of the After 1915 tractors and other mecha- Nowhere was the evolving perception Year. Indeed, many thousands of for- nized vehicles quickly began replac- of horses in the American conscious- ing horses for farm work and for mer and failed racehorses went to

8 The State of the Animals: 2001 slaughter for human consumption in Europe, along with thousands of long-suffering veterans of riding academies, summer camps, and backyard horse-keeping experiments, particularly in the 1980s, when prices for horsemeat were higher than those for nondescript but serviceable riding animals. In response to inhumane conditions at horse auctions and slaughterhouses in the 1980s and 1990s, documented by animal protection advocates, federal legislation was passed in 1998 to address some of the most serious problems with horse transport and slaughter. As of mid- 2000 more than seventy horse rescue organizations and/or equine sanctuaries were on the Internet (www. equinerescueleague.org). (That number did not include facilities associated with or operated by animal shelters.) These groups rescued slaughter-bound horses (sometimes through outright purchase at auctions) and rehabilitat- ed horses seized from private parties. There was also a public outcry over horses used in the production of the other activities, such as farm and The demand for laboratory animals to estrogen-replacement product Pre- ranch work, rodeo, polo, and police support such research increased as marin®, commonly prescribed to ease work (American Horse Council 2000) well. One survey conducted in the the symptoms of menopausal women (see Table 6). In each of these envi- late 1950s found that 17 million ani- and to treat osteoporosis. Manufac- ronments, individual horses were mals were being used in laboratories tured from the urine of pregnant vulnerable to exploitation and abuse in the United States. Laboratory ani- mares who are tethered for six (the decades-long practice of “soring” mal use reached its peak in the 1970s months at a time in narrow stalls to Tennessee Walking Horses—altering and then began a steady downward facilitate urine collection, Premarin their gait through painful means to trend, as evidenced by figures from was the most prescribed drug in the gain advantage in the show ring—is a Great Britain (see Figure 5). It is United States in 2000, with more than prime example). Nonetheless, it can probable that the same pattern of lab- 47 million prescriptions dispensed be persuasively argued that the status oratory animal use occurred in the (Noonan 2000). Animal protection of horses in the United States is high- United States (Rowan, Loew, and groups have publicized their welfare er than in 1950 and that their welfare Weer 1995), although the data from concerns about the treatment of the has improved. the United States are not as reliable. 35,000-plus horses involved in Pre- By the early 1990s, laboratory animal marin production and have intensi- use was estimated to have declined by fied their efforts to make information A Decline in 50 percent from its peak in the early on plant-based alternatives to the the Use of Animals 1970s. Alternative scientific tech- drug more widely available. as Research Subjects niques, such as Russell and Burch’s As of 1999, according to a survey (1959) Three Rs (reduction, replace- commissioned by the American Horse After World War II, the U.S. government, and refinement of animal use Council Foundation, 1.9 million peo- ment began to fund scientific research, in biomedical experimentation), had ple owned 6.9 million horses in the including biomedical research, at lev- gained wide acceptance in all but the United States. Of that number, els previously unseen. The discoveries most conservative of scientific circles. 725,000 were involved in racing and of a polio vaccine (in 1955) and of Public attitudes toward animal race horse breeding, 2 million were antibiotics such as penicillin fueled research have also changed over the involved in horse showing, 3 million an intense interest in research as the last half century. A survey conducted were involved in recreational activi- clear and shining pathway to cur- in 1948 by the Gallup organization ties, and 1.25 million were used in ing—literally—the ills of the world.

Overview 9 available from commercial suppliers. Nevertheless, government centers devoted to the validation and regulatory acceptance of alternative methods established during the 1990s seemed to signal that alternatives “had arrived” and that animal research was poised to enter a new and promising era from an animal protection perspective. How Has the State of the Animals Worsened? More Animals Raised for Food More Intensively Although conditions for some animals have improved significantly in the United States during the past fifty years, the story of farm animals is much more depressing. Humans are raising many more animals for food and fiber production (and the demand for food animals is far greater than for any other human use of animals). Increases in human population and meat consumption indicate that problems associated with animal agriculture are likely to intensify in the future. In the United States, the number of cattle raised for meat doubled during the past fifty years (see Figure 6a). More dramatic is the one-thousand-fold increase in chickens raised for meat (see Figure 6b); almost 8 billion chickens are now raised for meat for the American Medical Association throughout the developed world and each year in the United States alone. found that 85 percent of those polled embraced by industry in Europe and The face of agriculture in the Unit- favored the use of live animals in med- the United States. In the meantime, ed States is changing at an alarming ical teaching and research. By 1985 procurement of disease-free animals rate. Traditionally, animals formed an that number had dropped to 58.5 became more expensive, as did virtu- integral part of sustainable farming percent in a poll undertaken by the ally all aspects of research. These fac- systems; they were fed from crops and Baylor University Center for Commu- tors contributed to a reduction in the forages grown on the farm, and their nity Research and Development number of animals being used in manure was returned to the land as (see “Social Attitudes and Animals” in experiments, although the declines in fertilizer. With demands on animal this volume). Spurred by public pres- mouse use were reversed somewhat in agriculture increasing, however, fami- sure, the alternatives approach (as the 1990s as researchers began to ly farms are being replaced by large the Three Rs came to be called) was maintain breeding colonies of geneti- “factory farms.” Factory farms have incorporated into national legislation cally engineered strains of mice not grown out of our ability to keep ani-

10 The State of the Animals: 2001 mals alive and growing in intensive confinement. Advances in feed formulation and dietary supplements have permitted farmers to raise animals almost entirely indoors, where the animals are mechanically supplied with carefully formulated feed that maximizes their growth rates. In such intensive environments, however, the animals have virtually no chance to express their normal behaviors. The waste from all these confined animals (farm animals in the United States produce more than one hundred times as much waste as humans) has to be managed. In sum, factory farms are associated with problems of environmental degradation, poor animal welfare, human illness and health risks, and damage to rural communities. Changes in the U.S. pork industry illustrate the problems of factory farm systems. The 1980s and 1990s saw a dramatic decrease in the number of hog farms, with a corresponding increase in farm size. By 2000 more than 80 percent of pigs were raised on farms housing one thousand or more animals (see Figure 7). Further- more, vertical integration in the pork industry has increased, and single companies now control all elements of the production system, from breeding and growing the pigs, to slaughtering the animals and processing their meat. Smithfields Foods, the largest hog producer and processor in the world (see Figure 8), swallowed its competitors through company mergers and acquisitions throughout the 1990s and, as of 2000, had substantial hog operations in the United States, Poland, Mexico, and Brazil (Miller 2000). The same multinational company names, such as ConAgra, Continental Grain, and Cargill, dominate production of beef, pork, and poultry meat, as well as grain production, and they export their farming systems throughout the world (Hef- and reliable energy sources, adoption volume markets to sell animals and fernan 1999). In China, where demand of factory farm systems is likely to higher input costs for feed, breeding for pork has skyrocketed (see Figure cause a plethora of environmental, stock, and veterinary care. 9), hog factories are replacing tradi- health, and socioeconomic problems. Animal production has also become tional backyard production systems. In the United States—and elsewhere— concentrated in particular regions Without the supporting infrastruc- it is increasingly difficult for family within the United States. Sixty-five ture of abundant water supply, well- farmers to compete with agribusiness percent of U.S. pigs are raised in just maintained transportation systems, due to their limited access to high- five states (see Figure 10), 15 million

Overview 11 mals indoors. Research into mechanisms of growth facilitated the use of hormones and synthetic compounds to boost productivity. Building design focused on minimizing labor and maximizing numbers of animals housed rather than on improving the quality of the environment for workers and animals. Consequently, animals on factory farms are raised in crowded, barren environments that do not correspond with the habitats in which their anatomy, physiology, and behavior evolved. Dairy and beef cattle often live in groups with ten thousand or more animals in outdoor yards, where there is no pasture for grazing or resting and no shelter from wind and sun. Pigs are raised in buildings with several thousand animals, where providing bedding material such as straw would interfere with the manure handling systems required on such large farms. Laying hens are housed in cages, without opportunity to perch, dust-bathe, or even flap their wings. The vast majority of breeding sows and veal calves in the United States are housed individually in crates, where there is insufficient space to walk or even to turn around, and where there is little opportunity to interact with social companions. This level of animal husbandry is unacceptable. There is ample evidence to suggest that farm animals suffer in these factory farm systems. Painful procedures such as castration and tail-docking are standard management practices in the cattle, sheep, and pig industries, but unlike their companion animal counterparts, farm animals do not receive anesthesia or analgesia. Lameness, in Iowa alone (USDA National Agri- Network and the Izaak Walton League resulting from rapid growth and poor cultural Statistics Service 2000). of America 1999). It is particularly resting surfaces, is a painful and per- Similar trends exist in the raising and distressing to observe the negative sistent problem in cattle, hog, and processing of beef, poultry meat, milk, impact that changes in agriculture broiler chicken operations. Feeding and eggs. Regional concentration of have had on the well-being of farm high-grain diets results in rapid growth animal production places an enor- animals. In 2000 the welfare of rates, but also causes ulcers in pigs mous strain on local ecosystems and farm animals in the United States and digestive problems such as bloat results in environmental degradation. was shameful, despite the much- in cattle. Sores, injuries, and feather- Poor handling, storage, and applica- publicized gains in farm animal pro- and hair-loss are common due to tion of manure contaminates rural ductivity. Availability of antibiotics chronic irritation with pen and cage drinking water resources, destroys allowed management of subclinical surfaces. Injuries and bruising often wetland areas, and kills fish and aquat- levels of disease and thus facilitated result when animals are handled, ic wildlife downstream (Clean Water the housing of large numbers of ani- loaded, and transported. Where these

12 The State of the Animals: 2001 problems have economic impacts, animal scientists are also addressing decision makers to protect areas companies are motivated to make farm animal welfare by designing where large numbers of other species improvements. However, there are few equipment that addresses farm ani- have a chance to survive. financial incentives for addressing mal behavior and by using behavior In December 1999 government problems that affect animals of low to understand suffering and pleasure scientists reported that in the mid- economic value, such as non-produc- experienced by farm animals. 1970s average global surface temper- tive dairy cows or laying hens. Although the welfare of farm animals atures had begun increasing at a rate Currently, farm animals receive has diminished during the past fifty of 3.5 degrees Fahrenheit per century almost no protection from U.S. legis- years, improvements are possible if and would continue to rise by 2–6 lation (Wolfson 1999). The Animal citizens, government officials, and degrees over the next one hundred Welfare Act, designed to protect ani- farmers address the issue. years. While that rate might appear mals used in research or exhibition, moderate, in reality it is very rapid, specifically exempts animals that are The Environment: given that the earth has warmed only kept for food or fiber production. 5–9 degrees over the last 18,000– Farm animals are specifically exempt A Bumper Crop 20,000 years (Irwin 2000). Global from anticruelty laws in most states. of Extinctions warming will affect the earth in ways The two federal laws affecting the There is a growing consensus that the currently unknown. The melting of care of farm animals are limited in wild animal kingdom is under the the polar icecaps and resulting rise in scope and poorly enforced. The greatest threat in 65 million years— ocean levels—so that entire islands Humane Slaughter Act requires that when the reign of the dinosaurs was and large areas along coastlines are livestock be rendered unconscious ended by an asteroid that collided submerged and populations are dis- prior to slaughter; however, poultry with earth. Every day an estimated placed—is one possible, if alarming, are excluded from this law. The Twenty- one hundred species of animals are scenario (Irwin 2000). Since the Eight Hour Law was discussed previ- being pushed into extinction. mid-1970s scientists have known that ously (see p. 7). Scientists are not certain about the the earth’s ozone layer has been Until recently, farm animals have exact rate of extinction because no affected by industrial chemicals intro- received surprisingly little sympathy global effort has ever been funded duced into the earth’s atmosphere, from U.S. citizens, compared to the to find out how many species share causing it to thin and thereby reduc- attention they have received in the the planet. This deficiency can be ing its ability to protect nature from European Union (EU), Canada, Aus- explained by human beings’ lack of the sun’s ultraviolet radiation. Such tralia, and New Zealand. Recent pub- appreciation for the interdependence findings are slowly finding an audi- lic opinion polls, however, indicate of all living things and for the impor- ence beyond scientific circles. that concerns regarding agricultural tance of other life-forms to human The outlook for wild animals is practices are increasing. In telephone survival. That said, estimates of the rather bleak. While many organiza- surveys, 93 percent of U.S. citizens total number range from 10 million tions and individuals struggle to save polled agreed that animal pain and to 30 million species, the vast majori- wild species threatened with extinc- suffering should be reduced as much ty of them invertebrate. tion, rising human populations and as possible, even though the animals There is a wide consensus that human consumption continue to were going to be slaughtered (Cara- believes that the increasing human erode our efforts. The animal protec- van Opinion Research Center 1995). population is making escalating tion community is concerned not Seventy-seven percent expressed con- demands on the resources of the plan- only about the threats to animal pop- cern for abuse and inhumane treat- et. Animal habitats are routinely ulations, but also about the animal ment of animals on factory farms modified, degraded, and eventually suffering that is caused by human (Lake Snell Perry and Associates destroyed. Those attempts that are encroachment on and depredations in 1999). More significantly, citizens being made to preserve species typi- wild habitat. have showed a willingness to take cally concentrate on the biggest, the farm animal issues to the ballot box most beautiful, and the most charis- and are demanding more from their matic species (using human criteria) elected officials. Several states, includ- such as Asian elephants, snow leop- ing Colorado and North Carolina, have ards, Bengal tigers, Javan rhinoceros, passed moratoriums blocking the orangutans, marine mammals, giant development of factory hog farms. pandas, cheetahs, gorillas, eagles, Consumers are becoming critical of cranes, and sea turtles. These species their food purchases, with increased all require large areas of relatively sales of organic products and in- unspoiled habitat, and, as a result, creased involvement in community- existing small populations of such supported agriculture projects. Some “keystone” species require human Overview 13 Dolphins early 1980s and decrease the annual Where Beginning in 1959 and continuing quota of harp seals that could be Are Gains through the 1960s, as many as killed to 60,000. As few as 25,000 300,000 spinner and spotted dolphins harp seals were actually killed in any under Threat? were killed annually as a consequence one year as the public shunned prod- of purse-seine operations in the tuna ucts made of seal fur and the EU Marine Mammals: fishery of the eastern tropical Pacific threatened a complete embargo on Ocean (ETP). By the 1980s these seal products. Hanging On stocks had been reduced to 15–20 By 1995 the quota had been in- For marine mammals, the significant percent of their original numbers and creased to 200,000 harp seals, both gains of the last twenty-five years are were declared depleted under the to address fishermen’s concerns now being threatened. U.S. Marine Mammal Protection Act, about depleted cod stocks (seals were passed in 1972. From 1990 to 2000 suspected of taking cod as their pop- Whales the mortality rate of dolphins in the ulations increased) and to give jobs to In 1950 tens of thousands of whales ETP fishery had been reduced by 97 unemployed Newfoundlanders. Seals were being killed every year by whal- percent, due to the insistence by con- were being killed for their meat as ing nations (most notably the United sumers that the “dolphin-safe” label, much as for their fur. Killing the States, Japan, Norway, Iceland, and introduced in 1994 as a means of white-coat pups remained illegal, but the USSR). The International Whal- identifying product caught without several thousand were being poached ing Commission (IWC), which had harming dolphins, be applied to every year. In 2000 the quota for harp been established in 1946, set species include the chasing and encircling of seals stood at 275,000. The future of quotas based mainly on assumptions dolphins—not just to outright killing. the harp seal looks threatening. grounded in human economic inter- So-called dolphin-deadly tuna was ests—not on whale biology. Unsus- embargoed in the United States from Captive Cetaceans tainable quotas set by the IWC were 1994 until 2000. Due to pressure Captive cetaceans were almost un- frequently exceeded. As a result, sev- from Mexico (under the threat of a known in the 1950s (although a few eral species (such as grey whales and World Trade Organization challenge), bottlenose dolphins were kept in right whales) were pushed to the however, the United States seemed to aquariums) but, in the 1960s, a boom brink of extinction. Other species be on the verge of accepting fishing in marine parks, circuses, and dolphi- (such as blue whales, fin whales, and practices that would kill more dolphin naria was sparked by the successful humpbacks) continued to be hunted as “dolphin-safe” for labeling purpos- television series “Flipper” and the in very large numbers until the es. This is doubly troubling since saga of Namu, the killer whale who 1960s, when some species received a there is no evidence that dolphin lived a year in captivity after being degree of protection from whalers. stocks made an appreciable recovery rescued from a fishing net. By the Public sentiment in favor of whale in the decade 1990–2000. This is 1970s hundreds of dolphins and protection continued to grow probably because the stress and trau- whales were being captured and main- through the 1970s. In 1986 a world- ma created by chasing and encircling tained in marine parks and aquari- wide moratorium on whaling was the dolphins adversely affects repro- ums. By 2000 the situation worldwide established. By 2000 this moratorium ductive success. was mixed. Captive populations and on all commercial whaling had captures themselves were on the allowed some species (eastern grey Seals increase in Asia, particularly in China, whales, northern right whales) to In the 1950s hundreds of thousands Japan, and Indochina. Captive popu- begin to recover. Other species, how- of harp seals, including upwards of lations/captures were stable in east- ever, such as western gray whales and 300,000 white-coat pups, were killed ern Europe and the Caribbean. In southern right whales, showed no in Canada each year for their fur. The western Europe and Canada, captive signs of recovery. Japan (via a “scien- population declined significantly as populations were decreasing and tific” whaling exemption) and Norway a result, and the seals were brutally there had been no known recent cap- (which had continued to conduct slaughtered using inhumane methods tures. Captive populations were sta- domestic commercial whaling) were such as clubs and hakapiks. This ble or increasing in Africa, with cap- killing 1,200–1,400 minke whales slaughter was documented on film in tures proposed. Captive populations annually despite the ban. In the 2000 the 1960s and 1970s by animal pro- were stable or possibly increasing whaling season Japan also began tection organizations and broadcast with no known recent captures in killing Brydes’ and sperm whales, and across the United States. The intense South America. the IWC appeared to be poised to lift hue and cry that followed influenced In the United States the captive the moratorium. the Canadian government to outlaw population was stable or decreasing the killing of white-coat pups in the and there had been no known recent captures. The phenomenal success of

14 The State of the Animals: 2001 the “Free Willy” movies in the 1990s standards of care—both physical and rodents, since the beginning of focused the attention of millions behavioral—in the last fifty years, recorded time, their relationships with on the dark side of captivity for only a minority of zoo animals living many other species are relatively new. cetaceans. It would be ironic indeed if in a handful of progressive institu- Urbanization is associated with a rel- the publicity generated by “Free tions (fewer than 20 percent of the atively small number of species in the Willy” served as an impetus for the whole) can be said to benefit from environment, but in higher concentra- release of cetaceans kept in bondage them. The vast majority languish tions than are found in “wild” nature. as a result of enthusiasm generated unpublicized in barren, unsafe, and/ These species interact with people in by “Flipper” decades earlier. or inhumane conditions, their only a variety of ways, and although many advocates the occasional shocked people enjoy their relationships with Polar Bears zoo visitor who attempts to interest urban wildlife, particularly songbirds, In the mid-twentieth century, polar local authorities or zoo management it is the conflicts with wildlife that bears were hunted indiscriminately. in mitigating the general misery of garner the attention of community This was a major cause of population the animals. The larger zoos are now leaders. These conflicts can involve declines throughout their ranges. By devoting more time and attention to individual animals, local groups, or the time the decline was addressed— in situ conservation and to conserva- regional populations. in the 1973 International Agreement tion education. However, in the major- Squirrels, white-tailed deer, rac- on the Conservation of Polar Bears— ity of institutions, public education coons, skunks, or Canada geese can, several populations worldwide were is abysmal. by their very existence, create tension severely depleted. All five signatories and anger in communities that are (USSR/Russia, the United States, intolerant of droppings on walkways Denmark/Greenland, Norway, and The Way Ahead or the consumption of ornamental Canada) later disagreed on the inter- Fifty years ago, problems with urban plants. Species involved in actively pretation of the agreement’s provi- wildlife (with the exception of changing the environment (such as sions on sport hunting. Gains made humankind’s centuries-long battle beavers) or that are seen as threats to during twenty-five years of strong pro- with rodents), the link between cruel- human well-being (such as bats) may tection were undercut by the 1994 ty to animals and other forms of be actively pursued by state and local amendments to the Marine Mammal human violence, and the potential of officials either independently or in Protection Act, which lifted the prohi- immunocontraception for species response to public pressure. Virtually bition against importing sport-hunted population control were unheard of. all species interacting with human polar bear trophies into the United Now these issues are at the forefront urban populations run the risk of States. Since then, hundreds of tro- of some of the most promising work being termed “nuisance” or “pest” phies have been imported from Cana- being done in animal protection. species in specific situations and are da, including many that had been dealt with via a variety of methods, warehoused from earlier hunts. Envi- Wild Neighbors: ranging from the benign to the lethal. ronmental degradation of polar bear A consensus is needed among private habitats was the biggest threat to Moving Ever Closer nuisance wildlife control operators, polar bear populations in 2000 and Although cities occupy no more than wildlife rehabilitators, animal protec- the future is guarded at best. 2 percent of the world’s habitable tion organizations, and state and land mass, human urban populations local government agencies, in the now outnumber the rural population. absence of state regulatory and statu- Where Is Soon the majority of all humans on tory oversight, to address growing earth will live in urban environments. public demand for solutions to wildlife the State Those environments will be created problems that include nonlethal through land development—clearing, options before lethal options are con- of Animals grading, soil compression, wetlands sidered. (In this context, problems draining, and infilling—all of which are defined as human perceptions of Unknown? have a major impact on native species the results of urban wildlife doing of mammals, amphibians, inverte- what it can to survive and compete for The Plight of brates, and reptiles. Those species resources.) Tolerance must be accept- Zoo Animals that can withstand the drastic change ed as a primary response, and solu- in habitat—and those that can flour- tions that are “environmentally sound, The state of the approximately ish within it—will ensure that the lasting, and humane” must continual- 900,000 to 1 million zoo animals human tenants of these most human ly be sought and developed. around the world is, unfortunately, of environments will not be alone. largely unknown. Although great Although human beings have inter- strides may have been made in the acted with urban wildlife, particularly

Overview 15 The Tangled Web animal abuse and domestic violence; a one-shot vaccine (as opposed to the the social service response to cruelty current two-shot regimen) and on of Animal Abuse to animals; and the dynamics of pre- expanding the vaccine’s potential for Although cruelty to animals has been vention and intervention/treatment. use in domestic animals such as dogs acknowledged in the cultural and reli- These assume greater urgency as and cats. The development of a per- gious traditions of most societies, American communities grapple with manent, one-shot, cost-effective vac- only in the past few decades has sys- highly publicized incidents of seem- cine would undoubtedly be a major tematic attention focused on the link ingly random violence (such as the weapon in the struggle against com- between cruelty to animals and other murders at Colorado’s Columbine panion animal overpopulation. It could forms of human violence. Patterns High School in 1999) that implicate alleviate the effects of the painful and of behavior of serial killers, spousal perpetrators with a history of animal divisive debates over euthanasia, ani- abusers, and juvenile murderers abuse. Such incidents strike at the mal shelter spaying/neutering poli- became the subject of active investi- heart of a community’s feeling of cies, and stray animal control and gation in the 1980s and 1990s, but safety and well-being and increase the potentially unite many people of good insightful observers had sounded warn- urgency felt by society as a whole for will in their efforts to improve the ings earlier. In 1963 anthropologist diagnosis and intervention. lives of companion animals here Margaret Mead wrote, “It would . . . and abroad. seem wise to include a more carefully Wildlife planned handling of behavior toward living creatures in our school curricu- Contraception The Next lum…and alert all child therapists to The history of wildlife contraception watch for any record of killing or tor- is wholly contained in the period Fifty Years turing a living thing. It may well be from 1950 to 2000. Technologically, This chapter provides only a brief that this could prove a diagnostic sign nonhormonal chemicals, steroid snapshot of the progress achieved and and that such children, diagnosed hormones, nonsteroidal hormones, the setbacks that have occurred in early, could be helped instead of barrier methods, and immunocontra- animal protection from 1950 to 2000. being allowed to embark on a long ceptives have all been explored with Doubtless other people would select a career of episodic violence and mur- varying degrees of success. This explo- different set of topics and view the sit- der” (Lockwood and Ascione 1998). ration has taken place against a back- uation slightly differently. Nonethe- Lockwood and Hodge brought the drop of considerable resistance from less, the animal protection movement link between cruelty to animals and traditional state wildlife agencies, can, I believe, be reasonably pleased other forms of human abuse, particu- grounded in the “hunt/shoot/trap” with the progress made. Public opin- larly serial murder, to the attention of school of wildlife population control. ion polls and academic treatises sup- the animal protection community in Immunocontraceptive vaccines port the idea that concern for ani- 1986 through a review of work of Hell- show considerable promise, particu- mals has increased and that this has man and Blackman in 1966, Tapia in larly in light of significant success led to gains in animal welfare in a the early 1970s, and Felthous and with the porcine zona pellucida (PZP) range of areas. Kellert in the early 1980s (Lockwood vaccine. Kirkpatrick and Turner On the other hand, there have also and Hodge 1986). Interest from the (1991) created a standard by which been significant setbacks. The threats law-enforcement community came wildlife immunocontraception could to wild populations from habitat later, after FBI profiling of serial be evaluated, which included contra- destruction, human encroachment, killers incorporated cruelty to ani- ceptive effectiveness of at least 90 and human consumption are on the mals as a predictor of violence (HSUS percent; the capacity for remote increase and the plight of farm ani- 1996). In the period 1995–2000, delivery; the reversibility of effects; mals in modern intensive systems interest in the topic increased incre- safety for use in pregnant animals; (from birth to slaughter) can only be mentally, as evidence of links between absence of significant health side described as dreadful. The number of cruelty to animals and domestic effects; isolation of the contraceptive farm animals affected by such inten- abuse, youth violence, and other agent from the food chain; minimal sive systems has increased steadily forms of criminal activity began to effects on individual and social behav- through the last half of the twentieth mount and was disseminated by the iors; and low cost. By these criteria century and looks as though it will media. Ascione and Lockwood have the PZP vaccine has scored well and continue to increase in the coming identified five areas in need of atten- has shown exciting results in field use century. tion in the coming decades: the “ecol- in wild horses, white-tailed and Therefore, any plans and strategic ogy” of violence against animals; the black-tailed deer, African elephants, suggestions for the next century must developmental dynamics of cruelty to water buffalo, Tule elk, and more than include some ideas to address the wel- animals and other forms of human ninety species of zoo animals. Work fare of farm animals and the survival violence; the relationship between continues on refining and developing of wildlife. Such plans must come to

16 The State of the Animals: 2001 grips with a range of strategic chal- er threats to animal protection pro- In moving forward with plans to lenges that will confront any nonprof- gress mentioned above, there are also promote a more humane society, we it advocacy group. These challenges grounds for optimism that we can perceive a number of elements and include human population growth, move ahead to create a more humane strategies to be critical components increased human consumption (lead- society in the United States, the EU, of such a goal. First, we need to be ing humans to walk a little less “soft- and even worldwide. more inclusive in developing partners ly” on the earth with each passing Nonetheless, more needs to be and alliances. Many nonprofit organi- decade), threats to the security of done. Some cultural traditions, for zations view the corporate sector with human societies and the natural example, are perceived to be less sym- suspicion and thus cut themselves off areas that they occupy, technological pathetic to animal welfare than oth- from opportunities to make a consid- changes and innovations (e.g., the ers. The Roman Catholic Church has erable impact on how society views Internet), and questions relating to generally been viewed as less support- animals. Arguably, the most powerful different cultural, theological, and ive of animal welfare than have been influence on the decline in hunting in political views on a wide variety of some Protestant denominations. Such the United States is the Walt Disney issues around the world (e.g., differ- stereotyping, however, is based on the film “Bambi” (urbanization, another ences among Islam, Christianity, observation that animal welfare legis- candidate, has not increased in the Judaism, and Buddhism on a variety lation and activity is more advanced past thirty years). If one can work of topics). These strategic challenges in Northern European and American with a corporation like Disney to pro- can appear overwhelming and beyond communities than in the Mediter- duce such a product (or products), the grasp of even a relatively large and ranean countries and in Central and the impact on animal protection is influential sector of human society South America. Such differences may likely to be far greater than if we rely (such as a major religious denomina- be more a matter of economic than simply on our own channels of out- tion), let alone groups that enjoy less theological disparities. In the end, we reach. Thus, we need to look for part- influence in the corridors of geopolit- do not know how attitudes to animal ners in the corporate community and ical power, such as the environmental protection are influenced by different persuade them that they, too, have movement or the animal protection cultural traditions as opposed to eco- short- and long-term interests in pro- movement. Nonetheless, any of these nomic or political constraints. moting animal welfare. movements (a term used loosely since Our ignorance of the influence Second, we need to work more there are many shades of opinion— of important cultural, religious, and closely and effectively with academe. and even internecine conflicts—with- political traditions on animal welfare From 1950 to 2000, the most common in such movements) must continue thinking must be addressed. We need interaction between animal protection monitoring the larger strategic issues to understand whether Islamic soci- and academe involved a conflict over and develop its own strategies for eties are less supportive of animal the use of animals in research. Thus, progress that take into account larger welfare as a result of their theology both communities have a tendency geopolitical forces. or if their lack of attention to such to view the other with suspicion. For example, the World Trade issues is due to political and econom- Nonetheless, an increasing number of Organization (WTO) has the poten- ic constraints. If the latter, we can academics are paying attention to the tial to have a major impact on ani- devise strategies to address and to place of animals in society (the Amer- mal protection. Its decisions or influ- eliminate such constraints and devel- ican Sociological Association recently ence have already had an adverse op programs that will advance animal gave permission for a group to try to impact on dolphin protection pro- welfare in traditional Islamic cultures. establish an “animals and society” grams. The WTO is likely to continue The HSUS plans to develop institu- section) and their writings and stud- to slow animal protection progress. tions and projects that will address ies influence the way society views Countries defer setting standards for some of the broader cultural issues animals and animal welfare. In the animal welfare that may result in and to devise plans to promote ani- wake of the civil rights and women’s sanctions by the WTO, which could mal welfare more effectively in both rights movements, centers for African- interpret such standards as unfair the developed and the developing American and Women’s Studies non-tariff trade barriers. Attempts to world. It may be possible to extend sprang up at a variety of campuses reverse or to ameliorate some of the our First Strike initiative, which across the United States. These cen- worst practices in intensive animal focuses on the close links between ters have kept both movements vigor- husbandry are bound to run up human violence to animals and human ous and refreshed with new ideas and against WTO problems (as Europe violence to humans, and argue that new findings. Several centers for has already discovered with its societies (and countries) that pay animal welfare or the human-animal attempts to limit the importation of more attention to animal welfare are bond have been established in the last hormone-free beef or fur from ani- likely to be more civil and more decade at a few North American mals caught in leghold traps). secure for their human inhabitants universities. The animal protec- Despite the problems and the larg- than societies that ignore this issue. tion movement needs to support and

Overview 17 work more closely with such centers human empathy. They are fundamen- Heffernan, W. 1999. Consolidation in and to help expand their number and tal to our being and to our long-term the food and agriculture system. influence. survival as a species and a self-sus- Report to the National Farmers Third, we need to develop a new taining society. We discount such Union, 5 February. approach to our interactions with relationships at our peril. As Gandhi Howard, R.W. 1965. The horse in wildlife. Immunocontraception, men- is reputed to have said, “One can America. Chicago: Follett Publish- tioned earlier, is a major new technol- judge the civilization of a society by ing Company. ogy because it begins to give us an the way it treats its animals and its Humane Society of the United States alternative to killing animals when prisoners.” When we reach 2050, (HSUS). 1991. Statements of policy. conflicts between animals and humans let us hope that we can say that soci- Washington, D.C.: HSUS. occur. Thus, it allows us to change eties across the globe are more civi- ——————. 1996. Deadly serious: our mindset from lethal control to lized—and more humane—in the An FBI perspective on animal cruel- potentially gentler solutions. There broadest sense. ty. HSUS News. Fall. are many ways in which we can ——————. 1998. What is that arrange our human communities to they’re wearing? Washington, D.C.: lessen human-wildlife conflicts and Literature Cited HSUS. increase our enjoyment at sharing our American Horse Council. 2000. The ——————. 2000. HSUS Pet Over- lives with wild creatures. Close inter- economic impact of the horse indus- population Estimates. Available at action between a human and an ani- try in the United States. Washing- http://hsus.org/programs/com- mal can be (and has been in many ton, D.C.: American Horse Council. panion/overpopulation/opfaq.html. cases) a transforming experience for American Veterinary Medical Associa- Irwin, P. 2000. Losing paradise. Gar- the human involved. Such interactions tion (AVMA). 1997. U.S. pet owner- den City Park, N.Y.: Square One need to be safe, enjoyable, and com- ship and demographics sourcebook. Publishers. mon for both animals and humans. Schaumburg, Ill.: Center for Infor- Kellert, S. 1979. Public attitudes Fourth, for many people, a family is mation Management, AVMA. toward critical wildlife and natural not a true family unless it includes at Balzar, J. 1993. Creatures great and— habitat issues. Phase I of U.S. Fish least one companion animal. Approx- equal? Los Angeles Times. 23 and Wildlife survey: American atti- imately 95 percent of Americans grow December: A–1. tudes, knowledge, and behaviors up experiencing such a relationship, Caravan Opinion Research Center. toward wildlife and natural habi- but it is not always as satisfying for 1995. Attitudes toward protecting tats. Washington, D.C.: U.S. Fish the humans and animals as it could farm animals from cruelty. Prince- and Wildlife Service. be. We need to develop programs that ton, N.J.: Opinion Research Corpo- Kirkpatrick, J., and J.W. Turner Jr. increasingly celebrate the positive ration. 1991. Reversible fertility control in aspects of this human-animal interac- Cavalieri, P., and P. Singer, eds. 1993. nondomestic animals. Journal of tion—including improved physical The great ape project: Equality Zoo and Wildlife Medicine 22: and mental health for the human part- beyond humanity. New York: St. 392–408. ners (Wilson and Turner 1997)—and Martin’s Press/Griffin. Lake Snell Perry and Associates. prevent the negative aspects. Shelters Clean Water Network and the Izaak 1999. A nationwide survey of 1,000 could become the focus of such a cel- Walton League of America. 1999. registered voters about factory ebration in communities across the Spilling swill: A survey of factory farms. Washington, D.C.: Lake United States and thereby shed the farm water pollution in 1999. Wash- Snell Perry and Associates, Inc. image of being places that only handle ington, D.C.: Clean Water Network. Leach, E.R. 1989. Anthropological failed human-animal bonds. Food and Agricultural Organization aspects of language: Animal cate- Fifth, there are three categories of the United Nations. 2000. Statis- gories and verbal abuse. Anthrozoös of verbal abuse in many languages: tical database. Available at www. 2: 151–165. First published in New profanities, obscenities, and animal faostat.org/default.htm. directions in the study of language terms (Leach 1989). It is easy for us Foster, D. 1995. Animal rights pleas Cambridge, Mass: MIT Press, 1964, to understand why terms dealing with heard. Associated Press, 2 December. 23–63. (See also the companion God and sex should have the power to Freese, B. 1999. Pork powerhouses. articles in Anthrozoös 2: 166–174 shock us or to help us express vehe- Successful farming on-line. Available and 3: 214–233.) mence and passion. It is less under- at http:// www.agriculture.com/sfon- Lockwood, R., and F. Ascione, eds. standable why animal terms should line/archives/sf/porkpwr/pp.html. 1998. Cruelty to animals and inter- have the same potency. We should Accessed December 1999. personal violence. West Lafayette, understand that our relationships Ind.: Purdue University Press. with animals (and with nature and Lockwood, R., and G. Hodge. 1986. wilderness) are not a simple matter of The tangled web of animal abuse. exaggerated sentiment or displaced HSUS News. Summer.

18 The State of the Animals: 2001 Miller, D. 2000. Straight talk from Wolfson, D.J. 1999. Beyond the law: Smithfield’s Joe Luter. National Agribusiness and the systematic Hog Farmer, 15 May, 12–16. abuse of animals raised for food or Noonan, D. 2000. Why drugs cost so food production. Watkins Glen, much. Newsweek, 25 September. N.Y. and Orland, Cal.: Farm Sanc- Patronek, G., and A.N. Rowan. 1995. tuary, Inc. Determining dog and cat numbers and population dynamics. Anthro- zoös 8: 199–205. Roper Center for Public Opinion. 1989a. Question USKANE. 89PM10. ROZ2. Parents magazine. Septem- ber 22. ——————. 1989b. Question USABC. 89. R10. ABC Newspoll. Rowan A.N. 1992a. Companion animal demographics and unwanted animals in the United States. Anthrozoös 5: 222–225. Rowan, A.N. 1992b. Shelters and pet overpopulation: A statistical black hole. Anthrozoös 5: 140–143. Rowan, A.N., F.M. Loew, and J.C. Weer. 1995. The animal research controversy: Protest, process and public policy—An analysis of strategic issues. Grafton, Mass.: Tufts University School of Veterinary Medicine. Rowan, A.N., and J. Williams. 1987. The success of companion animal management programs: A review. Anthrozoös 1: 110–122. Russell, W.M.S., and R.L. Burch. 1959. The principles of humane experimental technique. London: Methuen. Sieber, J. 1986. Students and scientists’ attitudes on animal research. The American Biology Teacher 48, 2. Survey Research Center. 1999. Na- tional Omnibus 1999 Questionaire Project #1367. College Park, Md.: University of Maryland. USDA National Agricultural Statistics Service. 1960. Agricultural statistics 1960. Washington, D.C.: USDA. ——————. 2000. Agricultural statistics 2000. Washington, D.C.: USDA. Wilson, C.C., and D.C. Turner, eds. 1997. Companion animals in human health. Thousand Oaks, Cal.: Sage Publications.

19 A Social History of Postwar Animal Protection 1CHAPTER

Bernard Unti and Andrew N. Rowan

Introduction he rise of concern for animals and World War II proved to be an infer- work, undersubsidized by municipal during the post–World War II tile social context for the considera- governments, and it usually overtaxed Tperiod was an unanticipated tion of animal issues, and the Ameri- the staff and financial resources of the result of convergent trends in demo- can humane movement became local SPCAs. The American Humane graphics, animal utilization, science, quiescent and ineffectual. This decline Association (AHA), the movement’s technology, moral philosophy, and in movement strength coincided with umbrella association during that peri- popular culture. Together, these fac- the beginning of an expansion of ani- od, catered mainly to the interests of tors brought certain forms of animal mal use in such major segments of the its constituent local societies, which use under greater scrutiny and creat- twentieth-century economy as agri- were increasingly absorbed with urban ed the structures of opportunity nec- culture, biomedical research, and animal control issues. essary to challenge and transform product testing. Humane advocates After World War II, the animal pro- those uses. These trends also spurred were either unaware of trends in ani- tection movement enjoyed the revival the revitalization and extension of a mal husbandry and animal research or that we discuss in this chapter. Con- movement that, in the nineteenth were unable to effect reforms in prac- temporary scholarship suggests that century, had been robust. Alongside tices that were increasingly hidden social movements are more or less older notions about the humane from view and often exempted from continuous, shifting from periods of treatment of animals, modern animal extant anticruelty statutes and regula- peak activity to those of relative protection introduced new and differ- tions. By 1950 animal protection, decline. The renaissance of animal ent premises that both reflected and once a vibrant reform, stood mired in protection during the past half centu- shaped emerging attitudes about the a phase of insularity, lack of vision, ry involved several distinct phases of relationship between humans and and irrelevance. evolution. Such divisions are discre- nonhuman animals. During the first decades of the cen- tionary, but they can clarify impor- Organized animal protection in tury, the anticruelty societies had tant trends. This analysis relies on a America dates from the 1860s, when shifted their energy and resources three-stage chronology in considering like-minded citizens launched inde- away from the promotion of a coher- the progress of postwar animal pro- pendent, nonprofit societies for the ent humane ideology and a broad- tection, one that emphasizes revival, protection of cruelty to animals based approach to the prevention of mobilization and transformation, and (SPCAs) in one city after another and cruelty. They focused their attention consolidation of gains. pursued their goals of kind treatment on the management of horse, dog, on a range of fronts. After a period of and cat welfare problems and to edu- considerable vitality, however, the cational activities tied to pet keeping. 1950–1975: movement lost ground after World The assumption of urban animal con- War I and its concerns dropped from trol duties by humane societies Revival the public view. Several generations of throughout the country made it diffi- A specific grievance, the issue of leaders failed to match the vision, cult to sustain broader educational “pound seizure,” rooted in existing energy, or executive abilities of the campaigns addressing the cruel treat- animal shelter principles and policies, humane movement’s founding fig- ment of animals in other contexts. precipitated the transformation and ures. The period between World War I Animal control was largely thankless revitalization of organized animal 21 protection in the early 1950s. At the ry animal use, and the abolition of the part of large institutional, govern- time, both the AHA and the wealthier steel-jawed leghold trap. However, mental, or economic interests with local and regional humane societies they also identified and campaigned substantial resources or excellent had narrowed their focus, for the against emerging animal welfare administrative ties that allowed them most part, to companion animal issues that their predecessors had to secure and defend their positions. issues. The postwar boom in expendi- never faced. With the legislative achievements on tures on biomedical research greatly The revitalization of humane work slaughter and animal research, ani- increased the demand for laboratory took place during the peak years of mal protection gained a place on the animals, and in the mid-1940s, scien- the Cold War, a period in which some American political landscape. In 1966 tific institutions began to turn to protest movements faced serious the humane treatment of animals municipal shelters as a cheap source repression, and the boundaries of even inspired a five-cent postal- of research dogs and cats. Animal pro- acceptable protest were generally cir- service stamp. curement laws were developed and cumscribed. While animal issues were Opposition to hunting, and the pro- usually passed without much difficulty. rarely deemed politically partisan in tection of wildlife in general, had not Responding to the situation, lead- nature, they were largely pursued been a high priority for humane orga- ers within the AHA attempted to with tactical moderation and rhetori- nizations in the pre–World War II negotiate with the biomedical cal restraint during this era. Thus, it period. However, wildlife concerns research community. This antago- is no surprise that the new advocates became prominent platforms for sev- nized some supporters, who attacked avoided absolutism, embracing prag- eral of the groups that joined the field the propriety of such negotiations. As matic and gradualist approaches. in the late 1950s and 1960s. The a result the AHA backed away alto- They directed much of their energy most notable were Friends of Animals gether from the issue. This decision toward the objectives of federal legis- (1957), the Catholic Society for Ani- also generated discord, and several lation, regulatory reform, and the mal Welfare (1959, later to become important breakaway factions amelioration of cruel practices the International Society for Animal emerged from the resulting intra- through humane innovation and poli- Rights), and the Fund for Animals organizational dispute within the cy evolution. They developed in-depth (1967). Other groups focusing on AHA. Before long, there were two new critiques and proposals for reform of wildlife issues continued to emerge national organizations in the field the major areas of animal exploita- throughout the 1960s and early (Rowan 1984). tion. Cruelty investigations at both 1970s. During this same era—one of As it turned out, the same people the national and local levels played an exploding human population levels, who parted ways with the AHA over its occasional role in advancing the rapid land and resource development, pound release policy quickly found work, and helped to place different and an unheard-of destruction of other reasons to chart a new course issues onto the public agenda. In the habitat—the somewhat different for the work of animal protection. meantime, the movement slowly question of global species survival Renewal began in earnest with the expanded. joined the goal of better treatment on formation, in 1951, of the Animal During the 1950s humane groups the humane agenda. Rising public Welfare Institute and, in 1954, of The squared off with the meat industry to sympathy for wildlife protection also Humane Society of the United States secure the enactment of the Humane led environmental organizations to (HSUS), both of which were founded Slaughter Act (1958). In the follow- emphasize the protection of animal by individuals formerly associated ing decade, humane groups confront- species, especially endangered ones, with the AHA. The new groups explic- ed widespread opposition from the in their work and fund raising. Ani- itly distinguished themselves from biomedical research community to mals became increasingly iconic in extant organizations and their win passage of the Animal Welfare Act campaigns for the protection of the approaches. Although they were in (AWA) (1966). To a great extent, the natural environment, and their com- sympathy with the problems and chal- earliest federal legislative victories of pelling appeal as fund-raising symbols lenges that local SPCAs faced, they the humane movement were the was heavily exploited. Certain did not become directly involved with result of elite politics in which well- animals, especially seals, dolphins, the management of animal shelters connected advocates conscripted whales, and pandas, entered the pub- or municipal animal control work. influential congressional sponsors lic consciousness as never before. Instead, they focused on areas of ani- (such as Hubert Humphrey) who were During the postwar period, the rise mal use that their predecessors had ready and able to push heavily con- of ecology as both a science and a either failed to address or had tested bills through to passage. The social movement underpinned calls neglected for some time. Among support of key members of Congress for an expanded moral community other accomplishments they revived made it possible for animal protec- that would include both animate and and revitalized early twentieth-centu- tion interests to overcome the natur- inanimate nature, including animals. ry campaigns devoted to humane al advantages that the animal-using In the late 1960s, a number of acade- slaughter, the regulation of laborato- groups had—namely, that they were mic philosophers and ethicists resur-

22 The State of the Animals: 2001 rected the debate over animals’ sta- doubt even on the uniqueness of tive accomplishments in the 1960s tus, which to a limited degree had the human ability to communicate and 1970s drew more on grassroots engaged their predecessors in both through language. These various mobilization and direct-mail contact classical (before A.D. 200) and early inquiries set the stage for a renewal of with supporters to generate the nec- modern times (1600–1900). The arguments over the moral status essary support for positive legislation. advent of serious philosophical and of animals. Animal protection groups began to academic debate concerning the The dissemination of such research explore tentative and situational treatment of animals changed not to a broad public audience through alliances with interest groups work- only the movement’s own frame of the mass media was another crucial ing in related areas, especially those reference, but also the way in which it stimulus. Television nature programs connected with environmental pro- was perceived by outsiders. If animal and relevant books and articles have tection. Thus, humane groups joined protection had suffered from the stig- catered to and encouraged a virtually environmentalists in successful leg- ma of being perceived as based large- limitless popular taste for informa- islative campaigns that resulted in ly in emotion and sentiment, the tion and insight concerning whales, the passage of the Endangered addition of rational argument and dolphins, chimpanzees, and other Species Act (1967), the Wild Free- debate was a crucial factor in its move highly valued species. During the Roaming Horse and Burro Act toward wider legitimacy. same period, the television series (1971), and the Marine Mammal Pro- Renewed attention to animal cog- “Lassie,” Walt Disney productions, tection Act (1972). Gradually animal nition bolstered these reinvigorated and other animal-related program- protection became a pressure group ethical arguments concerning human ming that drew heavily upon anthro- movement with a realizable legisla- obligation to animals (Griffin 1976). pomorphism attracted mass audi- tive agenda and the capacity for In the latter half of the nineteenth ences and shaped public attitudes national mobilization. century, Darwin’s theory of evolution toward animals (Cartmill 1993; Payne Even so, a collective consciousness spurred a strong interest in animal 1995; Mitman 1999). among those sharing in the work was cognition that led some to argue that The steady expansion of pet keep- slow to coalesce. Humanitarians did animals deserved better treatment. ing during the postwar period also not contest their public characteriza- By the early 1900s, however, the rise heightened popular interest in animal tion as an armchair army, composed of behaviorism as a scientific para- capacities. It has been suggested that of “little old ladies in tennis shoes,” digm reduced the study of animal this continuing fascination with the although they took pride in the fact mind to an investigation of physiolog- intelligence and emotional faculties that their efforts were beginning to ical facts rather than an exploration of companion animals also led more bring results. While steady gains were of consciousness, and the argument people to question the mistreatment being made in protective legislation that animals deserved greater consid- or misuse of animals in numerous and public awareness, for the most eration, based on higher mental fac- other contexts (Serpell 1986). part, congressional offices still ulties, waned. From the early 1950s The principal areas of concern for assigned animal issues to junior aides onward, another cycle of intense humane groups in the late 1960s and or temporary interns. Notwithstand- interest in animal consciousness early 1970s included general wild- ing the substantial progress that had commenced, as scientists and others life protection, anti-hunting, anti-fur been achieved from 1950 to 1975, established and explored the cogni- and anti-trapping, animal research, animal protection had yet to become tive, psychological, and social capaci- endangered species, wild horse and a “household” issue, and it rarely fea- ties of animals. This new generation burro round-ups, and companion ani- tured in the media or in popular cul- of scientists, including Konrad mal overpopulation. Other issues, like ture. Few advocates thought of them- Lorenz and Niko Tinbergen, com- those of intensive farming, cruelty to selves as participants in a movement. bined field observations with scientif- performing animals, and zoo prac- By 1975, however, this would change, ic methods, and the result was a new tices, were largely neglected. Few as a sense of collective identity began discipline—ethology—the naturalis- humane organizations had either the to emerge, and new issues and actors tic study of animal behavior. Impor- resources or the assurances of public came into the field. tantly, the pioneering ethologists dis- and membership support for sus- cussed their works with explicit tained exploration of these concerns. reference to the mental and emotion- The two major legislative bench- al states of animals. A subsequent gener- marks of the postwar period, the ation of field scientists extended the Humane Slaughter Act and the AWA, discipline by showing that non-human depended less on coalition-building animals possessed many of the abili- with other interest groups than on ties previously assumed to be singu- securing the agreement of the regularly human. Researchers working lated parties under pressure from with primates in the laboratory cast elite politicians. Subsequent legisla-

A Social History of Postwar Animal Protection 23 decades of meager media attention tions formed in both large and small 1975–1990: and few tangible successes, as well as communities in every state. Their for newcomers primed by the public monthly meetings sometimes resem- Mobilization and discussion of Animal Liberation, such bled the consciousness-raising ses- innovation was inspiring. His work sions of the early feminist movement, Transformation had dramatic results, including an incorporating personal testimony, Some animal organizations working elevation of the general standard of guest speakers, the distribution of lit- in the 1960s and 1970s were already campaigning throughout the humane erature, the circulation of petitions, beginning to rely on more extensive movement as others began to emu- the planning of actions and events, research and planning, more percep- late and extend his approach. Anoth- and the viewing of videos detailing tive political strategies, and the lan- er important outcome of the Spira- animal abuse in various contexts. guage of rights and liberation. A num- led campaigns was the formation of Incoming activists were not encour- ber of the people who emerged as key channels of dialog among govern- aged simply to send money to the figures in post-1975 activism began ment, industry, and the humane national groups; instead, they were their careers in the established orga- community. Spira proved especially conscripted into campaigns that tar- nizations. There was considerable skillful at mediating between the tra- geted animal exploitation in their continuity and cooperation between ditional humane societies, insurgent own locales. The movement also the older and the newer animal advo- factions, and the animal-use con- showed increasing reticulation, as cates. Many longtime adherents, stituencies in the interest of reform local organizations knit themselves including some of those who had (Singer 1998). together as part of larger state or been part of the 1954 breakaway fac- In the early 1980s, an important regional coalitions. tion and subsequent minor schisms, wave of group formation and move- The new generation of animal advo- continued to make important contri- ment expansion commenced. Several cates brought the message to the butions (Taylor 1989). key conferences gave rise to new public through high-profile tactics, These precedents notwithstanding, organizations and generated consid- such as demonstrations outside the it is still clear that the publication of erable momentum toward the devel- institutions where animals were used, Peter Singer’s Animal Liberation in opment of a national grassroots including factory farms, stockyards, 1975 and the formation of Animal movement. The animal rights ideolo- restaurants, laboratories, fur salons, Rights International by Henry Spira gy that Tom Regan and other con- circuses, zoos, and bird shoots. About in 1976 inaugurated a new phase of temporary philosophers popularized 1984 activists began to employ civil the work. In his book Singer recast expressed itself powerfully in the disobedience measures, and the the cause as a justice-based move- rhetoric and platforms of these new movement’s reliance on sit-ins, site ment that underscored human oblig- organizations. They challenged the blockage, and similar tactics expand- ation to animals, while challenging arbitrariness of moral boundaries ed steadily through the rest of the traditional justifications for their that subordinated animals to human decade. National days of action focus- exclusion from ethical consideration. interests. Some began to conceive ing on such high-priority issues as Animal Liberation also gave the ani- and articulate broad demands that veal production, animal experimenta- mal protection movement a unifying the traditional movement had either tion, pigeon shooting, and fur took ideology (based more on reason than abandoned or never formulated. The on “high holiday” status, as activists emotion)—whose elements included groups that adopted progressive cam- honored their commitment by partic- anti-speciesism, equal consideration paign styles gained members at a ipation in mass rallies and protests on of interests, and the notion that ani- rapid rate during the mid-1980s, as these calendar dates. Some American mal liberation is human liberation— their confrontational and more mili- campaigners borrowed the tactic of around which most of its factions tant approaches appealed to both the hunt sabotage from England, enter- could mobilize. media (which “discovered” animal ing the woods to challenge hunters Spira had interacted directly with rights after 1980) and to a public and the constitutionality of the other advocates of this new ethi- ready for protest drama and direct “harassment” laws passed to protect cal sensibility concerning animals, action. A number of single-issue them. They also took to the airwaves, notably Singer himself. More impor- groups also emerged, sharpening the challenging a wide range of animal tantly, he brought a lifetime of expe- focus of attack on relatively neglect- uses in mass media debates. This rience in the labor, civil rights, peace, ed problems of animal use in enter- expanded repertoire of protest kept and women’s movements to bear on tainment, food production, and so- the issue before the public and drew the problem of animal suffering. Spira called sport. new participants into the work. was one of the first activists to apply The decade also saw an unparal- In the age of twenty-four-hour mass the methods and tactics of other leled expression of grassroots-level media and the hand-held video cam- postwar movements in the animal activism in support of animal protec- era, the growing reliance of animal protection arena. For movement loy- tion, as local and regional organiza- alists who had suffered through groups on casework and investigation 24 The State of the Animals: 2001 also proved to be very important. Peo- zations, a different form of profes- able change. The movement as a ple for the Ethical Treatment of Ani- sional recruitment aided the move- whole developed greater consistency mals (1981) set the standard for such ment’s growth. Animal-interest and adopted more progressive posi- work. When other groups began to caucuses began to form among attor- tions on a range of issues. Even in the adopt the investigative approach as neys, biologists, medical doctors, case of groups whose political ideolo- well, it had an energizing effect. The nurses, veterinarians, and psychology remained moderate, tactical radi- credibility of both individuals and gists, to name the most visible. These calization brought both practical organizations mounted in the wake of new groups were especially influential gains and new supporters. Finally, exposés that substantiated longstand- in the pursuit and implementation of greater informal interaction between ing allegations concerning abusive innovative ideas and tactics. They also the staff members of various organi- treatment of animals in a number of made it possible for the humane zations ensured better coordination realms, and provided crucial momen- movement to present stronger evi- of effort and approach. tum to the cause as a whole. A highly dence in support of its positions in Adherents of the animal movement publicized case involving the so-called legislatures, courts, and professional have often compared their cause to Silver Spring monkeys (1981 et seq.), arenas and to the public. other postwar movements for change, which focused on allegations of All of the foregoing developments especially the African American free- neglect in the laboratory of a Mary- contributed to the emergence of a dom struggle and that of women’s land researcher, made it apparent science of animal welfare that has liberation. In a sense, the claim has that neglect and improper care of ani- slowly penetrated discussions of ani- been mainly putative. A few people mals could and did occur in American mals’ treatment in many fields of graduated from the civil rights and research facilities. Three years later a agricultural, industrial, and scientific feminist movements into the struggle scandal involving the treatment of endeavor, as well as in other contexts. for animals’ rights, but the evidence baboons at the head-injury laboratory In the wake of rising social concern for overlap of personnel and con- of the University of Pennsylvania about animals, animal welfare science stituencies remains largely anecdotal. made it clear that the Silver Spring began to develop into an established In any case, it is more important that case had not been an anomaly. In scientific discipline drawing on the 1960s-era rights-based move- the wake of these and subsequent ethology, veterinary medicine, and ments generated a “master frame” episodes, advocates working in sup- psychology. A growing number of sci- (“the interpretive medium through port of the Dole/Brown amendments entists are applying their energies which collective actors associated to the AWA found it far easier to the reduction of animal suffering with different movements” in a given to demonstrate the value of the and similar objectives. The science of cycle of activity define and compre- proposed legislation. Investigative animal welfare has thus opened the hend their goals and targets), and a exposés of stockyards, cosmetics test- way for innovations and refinements belief in agency that proved helpful to ing laboratories, and other targets touching on animal use in a wide the formation of an animal rights spurred legislative and public aware- range of areas and established itself movement (Snow and Benford 1992). ness campaigns designed to restrict as an influence in policy debates The appropriation by animal advo- or suppress animal suffering in these on the use and treatment of nonhu- cates of the strategic thinking and and other social locations. man animals. mobilization methods characteristic Professionalization within the ranks If the decade of the 1980s saw of established justice-based move- of animal protection groups began in intense and widespread protest ments was significant and lay at the the 1970s at both the national and against animal exploitation, it was core of many of the dramatic victories local levels, as humane organizations also one of considerable media visibil- accomplished by animal rights groups attracted knowledgeable staff mem- ity for animal protection and great throughout the decade. bers who enhanced both the organi- change within the movement itself. The policies and ideology of the zations’ daily operations and their The entry of new groups into the Reagan administration also catalyzed ability to serve the cause. For many of competition for resources via direct animal protection, just as it affected the newly recruited professionals, the mail not only flooded the mailboxes a number of other movements that rationality that Regan, Singer, and of potential supporters, but it also led appeared or reappeared during the other philosophers introduced to the established organizations to reinvent 1980s. The presence of an apparently debate made participation in the themselves in light of new pressures hostile administration led to the movement possible. By 1985 The and opportunities. Many of these resurgence of feminism, environ- HSUS employed a large number of groups lagged in providing either mentalism, antimilitarism, and the staff members with professional and leadership or resources for advancing nuclear freeze movement, as well as academic credentials in a broad range the cause. The advent of dynamic animal protection. The proposed of disciplines related to animals and competition and the heightened executive branch budgets provided no their well-being. expectations of an increasingly mobi- support for the AWA during all eight Outside of the established organi- lized constituency spurred consider- years of President Ronald Reagan’s

A Social History of Postwar Animal Protection 25 tenure. At the same time, federal period. By the end of the 1980s, the while only 0.6 percent of men had agencies under the president’s author- animal protection movement had set (Kellert and Berry 1981). ity took a number of other steps that a number of reforms into play, and In the light of such findings, it is animal protectionists perceived as the argument that animals were worth noting that the rise of animal threatening to the well-being of both deserving of greater moral considera- protection in the nineteenth century domestic and wild animals. tion had penetrated public conscious- coincided with a period of sustained One measure of the movement’s ness. By then, too, however, govern- vitality within American feminism. success during this phase of its devel- ment, industrial, institutional, and Thus, one might plausibly speculate opment was the launching of coun- entrepreneurial interests with a stake that the post–World War II campaigns teroffensive tactics and campaigns by in animal use had mobilized with suf- for sexual equality have helped to its adversaries. Furriers, agribusiness ficient authority to slow the move- place issues tied to care, concern, and interests, product testing companies, ment’s momentum and influence. nurture on the public and political hunting and trapping groups, and The field of contest, the relevant par- agenda. While the principal organs biomedical research concerns collec- ties, and the issues themselves were and agents of modern feminism have tively spent tens of millions of dollars all in evolution. largely failed to embrace the issue of for public awareness campaigns and animal suffering and exploitation, other activities aimed at squelching many feminists have found the cause the animal movement. Their pressure Understanding on their own. A number of authors sparked a political backlash, too, as have argued that nurturing and care- congressional representatives intro- Animal giving values are higher priorities for duced legislation to shield animal women, and still more have attempt- use from the scrutiny and challenge Protection ed to draw explicit links between fem- of animal protectionists. Old stereo- Concern for animals has sparked a inism and animal protection. In fact, types were also revised—the dismis- considerable body of literary, histori- by the early 1990s, the feminist ethic sive symbolism of the “little old lady cal, philosophical, legal, scientific, of caring emerged as an alternative to in tennis shoes” was deemed no and cultural studies that focus on the the liberation- and rights-oriented per- longer adequate to the task. Targeted human-animal relationship. However, spectives of Singer and Regan (Adams institutions and individuals promoted in the late 1980s, the animal protec- 1990; Donovan and Adams 1996). instead the more threatening image tion movement itself, and its popular Extant research also indicates that of animal-rights terrorist in their reception, began to attract the atten- the majority of active animal advo- efforts to thwart the growth of public tion of scholarly analysts. This accu- cates are white, with middle- and sympathy with animal advocates. mulated scholarship focuses on the upper-class backgrounds. They appear Sidney Tarrow’s observation that movement’s social composition, its to be more highly educated than movement cycles are activated by tac- recruitment and mobilization meth- most Americans, and tend to live in tical innovation applies well to the ods, its overall accomplishments, and communities with populations of transformation and impressive growth general attitudinal surveys about 10,000 or more. A high percentage of of organized animal protection dur- the treatment of animals in Ameri- animal advocates have companion ing the period 1975–1990 (Tarrow can society. animals in the home and they are 1998). The emergence of a unifying The body of relevant scholarship generally not affiliated with tradition- ideology and new organizational actors concerning the social composition of al religious institutions. Many consid- committed to new strategies of protest the humane movement and its activi- er themselves atheists or agnostics and mobilization further reinvigorat- ties is limited. Nevertheless, a few (Plous 1991; Richards and Krannich ed the field of humane work after the conclusions are common to virtually 1991; Jamison and Lunch 1992; Her- renaissance of the 1950s and 1960s. all of the extant studies. The most zog 1993; Shapiro 1994). Institutions that had long gone striking is that women are more like- A 1990 survey based on controlled unchallenged now faced a strong and ly to be participants in animal protec- sampling was typical. The researchers tactically resourceful movement with tion work than are men. Indeed, lev- found their sample to be 97 percent a strong base of grassroots volunteers. els of female participation in humane white, 78 percent female, while 57 Animal protectionists registered a work appear to be as high as in any percent were in the 30–49-year age series of successes as the targeted other social movement not explicitly group (compared to 21 percent for interests struggled to reestablish tied to feminist objectives. Women the United States overall). Animal their accustomed dominance. A new have played a significant role in the advocates proved to be highly educat- generation of activists came into the formation of most of the newer orga- ed in comparison with the general groups most closely associated with nizations, and a 1976 survey using population (33 percent had higher tactical innovation and campaign suc- a national sample of 3,000 persons degrees compared with 7.6 percent of cess. However, all groups enjoyed reported that 2 percent of women had all Americans), and financially well off increasing membership during the supported an animal organization (39 percent had incomes of $50,000

26 The State of the Animals: 2001 or more, compared with 5 percent of among them. These causes tend to There is no apparent self-interest the national population, although it link people who share certain views for those involved in the work, yet ani- should be noted that educational and about reforms needed to improve mal protection, like other new social income levels are strongly correlat- modern life. Their movements aim for movements, also appears to confer ed). Seven out of ten respondents changes in the political system as well psychological benefits. Many animal reported having no living children, as in the systems of cultural produc- activists experience alienation from while nine out of ten had companion tion within the society. In other words, a wider society that does not value animals (compared with about four they seek fundamental changes in animals as much as they do. For such out of ten in a national sample). In social consciousness (Melucci 1985). people the emergence and rapid fact, respondents had an average of However, delineating the character of mobilization of a movement that 4.7 animals each, about five times such movements does not answer a unites like-minded individuals, that the national average (Richards and key question about their emergence investigates and challenges the abuse Krannich 1991). and expansion. If the new social and suffering of animals, and that How and why do people come to the movements do not recruit and mobi- attempts to enculturate the princi- cause? Here, too, academic studies lize from within preexisting networks, ples of animal protection within have begun to provide some insights then how and why do people enter society has considerable allure into the recruitment of adherents. and participate? (Shapiro 1994). Resource mobilization has been a Why do some people seem to care Some believe that attitudes dominant theory of social movement more about animals than do others? acquired in childhood can account for development. As its name implies, Indeed, why do they care enough to individuals’ disposition toward ani- resource mobilization theory posits join campaigns for animal rights and mals and their protection; according- that movements emerge when an well-being? Considerable progress ly, animal protectionists have laid a adversely affected or dissatisfied toward comprehension and assess- great emphasis on humane education population gains enough momentum ment of the animal protection move- of children. A 1984 survey stressed to attract or combine the resources ment has come with the emergence the significance of childhood experi- necessary to advance its own interests of studies that combine research on ence on distinguishing individuals’ through organization and protest the social psychology of attitudes attitudes toward animals, and the (McAdam 1982). Such explanations of toward animal use with theories developmental origin of concern for movement dynamics usually rely on about mobilization and organization. animals has begun to attract atten- the study of recruitment networks: in Childhood experience, social condition (Kellert 1985; Myers 1988). the civil rights era, for example, tioning, the manifestation of an Despite a growing number of studies churches were the earliest and most empathic style, and identification that focus on humane education, significant sites of conscription and with the oppressed have all been con- however, we know very little about its engagement. sidered as factors in the development effectiveness and impact. Resource mobilization theory has of regard for animals (Shapiro 1994). While underutilized, the communi- been judged inadequate for the study One of the few sociologists to write ty study approach has also helped to of the so-called “new social move- extensively about the animal protec- shed light upon the social composi- ments,” which pursue quality-of-life tion movement, James Jasper, pro- tion of the humane movement. Just or lifestyle objectives as distinct from poses that greater attention be paid as importantly, however, community the material or class-based goals of to the social-psychological identity studies have made it possible to more traditional social movements. formation of activists. In the model explore the outcomes of animal pro- Resource mobilization, its critics he proposes, one or more greater or tection campaigns in a number of charge, overlooks the cultural compo- smaller “moral shocks” (discrete cases. These studies frame the efforts nents of social movement formation, events, experiences, or realizations) of activists and their opposition inter- and its inattention to identity, cul- raise a sense of outrage or responsi- actively, taking into account the ture, and meaning as factors in lead- bility within individuals. These shocks evolutionary character of specific ing people to join movements has led spur them to seek out or form orga- campaigns and of humane work as scholars to the new social movement nizations (Jasper 1997). The animal a whole. For instance, Einwohner’s framework (Morris and Mueller protection movement, then, does not study of a statewide organization sug- 1992). New social movements draw bring new supporters into the work by gests that the importance of cultural supporters whose own basic rights are exposure through a preexisting social assumptions about protesters, as well secure and who are typically well inte- network like a church, women’s as the targeted practices and behav- grated into their society. Examples rights group, or union. More typically, iors, are as vital to the assessment of include the anti–nuclear power, envi- it “collects” them from a pool of citi- the movement’s outcomes as is a study ronmental, disarmament, and alter- zens within whom some critical expe- of its tactics, organizational strategy, native medicine movements. It is rience or insight has sparked a sense and structures of opportunity. Grove’s proposed that animal protection falls of empathy with animals. study of confrontations over animal

A Social History of Postwar Animal Protection 27 experimentation in a North Carolina post-citizenship causes (environmen- Such judgments overlook the fact university town explores how stake- talism and anti-nuclear activism, for that movements cannot perpetually holders on either side acted to redress example), animal protection carries be novel or operate at constantly high certain perceived deficits in their with it an implicit ambivalence about levels of protest activity. Even the approach to the issue. For example, science and technology and frequent- most enthusiastic adherents tire and the animal activists emphasized more ly has drawn on the potent and popu- may curtail their levels of participa- rational and dispassionate lines of lar stereotype of the uncaring, cold, tion due to fatigue, and it is difficult argument, while researchers drew on and dispassionate scientist. to hold the interest of the public and emotional appeals in their defense However, this attitude, commonly the media over the long term. Intense of the status quo (Einwohner 1997; called anti-instrumentalist, does not interest, and the commitment to see- Grove 1997). in itself define the movement. In fact, ing an issue resolved, usually recede Both Einwohner’s and Grove’s stud- humane advocates have often coun- as the complexity of certain issues, ies confirm the potential of studies terpoised their skepticism of science and their imperviousness to quick of local and regional contexts to with enthusiasm about the possibili- and easy resolution, become more produce insight into the dynamics of ties of technology to ameliorate the obvious. The philosophy of animal contention over animal use. In short- circumstances of animals. For exam- rights, an ideology largely defined in er case studies of community-level ple, advocates have relied on the terms of moral absolutes, did not challenges to biomedical research, development of knowledge through make evolution of the animal move- Jasper and Poulsen suggest that the science to advance arguments con- ment from a novel protest force to animal movement can quickly lose its cerning the replacement of animals a mature contestant in the political advantage when targeted institutions in research, testing, and education; marketplace any easier. Animal advo- decide to fight back with equal tenac- to critique the reliance on hunting as cates have begun to develop other ity. Jasper and Sanders conclude that, a wildlife management policy; to descriptive rhetorics that are more where both sides avoid strongly polar- reduce animal overpopulation; and to pragmatic and inclusive. ized disagreement over basic princi- promote alternative food-animal hus- As a result, in the 1990s the animal ples, compromises can be achieved bandry systems. protection movement shifted into (Jasper and Poulsen 1993; Sanders other, less dramatic, and less obvious- and Jasper 1994). A full appraisal of ly newsworthy channels of activity. For animal protection and its accomplish- 1990–2000: example, some of the battles between ments during the past half-century animal users and animal defenders will require many more such investi- Consolidation moved into the political, legislative, gations. Not just the recent history, By 1990 national media coverage of and regulatory arenas. These con- but the future of animal protection animal rights protests had apparently frontations called for new kinds of work, may be clarified by careful peaked, leading to speculation that knowledge and action, often more attention to the substance and legacy the movement was losing the public’s subtle and nuanced than street-level of such case studies. attention and waning in influence protests and less likely to attract It seems clear that the 1960s lega- (Herzog 1995). Certainly, the novelty the notice of the mass media. For cy of critical skepticism and cultural of the movement’s provocative chal- instance, humane advocates have suc- radicalism created a favorable context lenges to the use and mistreatment of ceeded in the establishment of basic for the growth and spread of new social animals wore off, undoubtedly leading frameworks for regulating the use of movements such as animal protec- media decision makers to the conclu- animals in certain contexts and in tion. Disaffection with American for- sion that the cause, no longer “new,” some of their campaigns to strength- eign policy and with racial and sexual was less deserving of special coverage. en earlier “foothold” legislation such discrimination at home led many The high level of local grassroots as the AWA, obtaining incremental Americans to question the authority activism that had characterized the advances in a steady pattern. As the and honesty of government and insti- 1980s subsided, and several national issues and the arenas of debate and tutional actors, a tendency that activist organizations, tied to the action evolved, they drew new and infused most of the post-1960s move- movement’s growth in the previous different players into animal protec- ments. While animal protectionists decade, dissolved or waned in influ- tion work. have rarely adopted wholesale cri- ence. Some participants in the work, Among recent accomplishments, tiques of the American political eco- accustomed to seeing large numbers attorneys representing various hu- nomic order, the movement has often of people at events and extensive mane organizations scored victories relied on rhetoric and assumptions media coverage, worried about the in cases relating to wildlife manage- that identify animals as victims of health of the animal protection movement, species preservation initiatives, rampant commercialism, greed, vani- ment. Others asserted that the ani- wildlife import-permit challenges, ty, and the coercive power of big insti- mal rights movement was in ideologi- standing to sue, and open-government/ tutions. Like other post-industrial, cal retreat (Francione 1996). public-participation laws. Legal advo-

28 The State of the Animals: 2001 cacy showed increasing promise as a ment of Agriculture (USDA) elimi- to constitute an increasingly impor- strategy for helping animals. In 1999 nated the face branding of cattle tant market segment. The “green discussion of the merits of extending because of animal welfare concerns. consumerism” of the 1990s both rights to animals within the American In 1999 the USDA took the virtually encouraged and relied upon market- legal system spilled into the national unprecedented step of forcing a place expressions of affinity with ani- media, as Harvard University’s law consent agreement upon a contro- mals. Such patterns of consumption school announced that it would offer versial private laboratory, resulting have caught on outside the animal a course in animal law for the first in the promised relinquishment of protection movement itself, as other time (Glaberson 1999). chimpanzees to other facilities after Americans, exposed to relevant infor- In a trend that began in the early a number of serious animal welfare mation and sensitized to humane 1990s, The HSUS and the Fund for violations had been reported (Spira values, changed their lifestyles. The Animals pioneered the use of state- 1995; Brownlee 1999). success of supermarkets and other wide public referenda to curb certain In general, the movement has retailers attuned to these values kinds of animal use and abuse. These enjoyed greater success in reshaping reflects the longer-term influence initiatives, while costly, enjoyed a cultural attitudes than in securing of campaigns waged in the 1970s high rate of success. It is worth not- laws. Every movement produces cul- and 1980s. ing that the determination of public ture, and the animal protection cause Similar choices outside the realm opinion through scientific polling and has done especially well in the broad of food and household product pur- attention to demographic changes diffusion of its values. While it might chases have also become more popu- in the targeted states were vital to be the case that straight news cover- lar. Those who object to the presence the development and prosecution of age of animal issues has declined, of animals in circuses can now patron- these campaigns. They also relied on these issues are more likely to be ize troupes that eschew their use. the more democratic political chan- mentioned in popular cultural forms Students who wish to choose nonani- nel of the popular referendum, forc- such as television entertainment or mal alternatives, whether in the high ing special interests to face the magazine features than was the case school cafeteria or the veterinary judgments of the voting public. This twenty years ago. Concern for animals school classroom, now find it easier approach sidestepped the usual has been increasingly represented to do so. Even haute couture has domination of public policy networks within a variety of cultural forms, condescended to meet the demand by opposition groups through the including literature, television, music, for elegant but cruelty-free fur. lobbying of elected representatives, and art. During the past twenty years, Judging the success of a social large campaign contributions, or it has become strongly associated with movement is a notoriously difficult other means. successive generations of youth cul- exercise. A simple verdict of success In some cases, too, the introduc- ture. Through this sequence of accul- or failure in any specific category of tion of a bill in the federal legislature turation, the movement has helped to effort is usually inadequate for the signaled a particular issue’s “arrival” normalize a number of practices and assessment of animal protection as an or helped to frame a debate that was beliefs that support the animal pro- ongoing social and political endeavor. ultimately resolved through adminis- tection agenda. There are different forms of success: trative or other channels. In 1989, for The embrace of humane lifestyle political success, mobilization success, instance, the Veal Calf Protection Act choices has been one significant result campaign success, economic success, gained a hearing in Congress, the of this process. Animal advocates and success in the realm of public first farm animal welfare bill to do so have taken the pursuit of principles opinion. Beyond this, dichotomous in a decade, more or less. The bill embodied in the 1960s slogan “the assessments of “success” and “fail- came in the wake of considerable neg- personal is political” to considerable ure” are often inappropriate in the ative publicity about the way in which lengths. The embrace of humane prod- assessment of a complex and ongoing calves were raised for market. ucts, ones that involve no (or less) process of struggle and debate (Ein- Observers credit another bill, the harm to animals and the environ- wohner 1997). A broad evaluation of Research Modernization Act, intro- ment, has been a core principle for animal protection’s relative accom- duced annually since 1979, for high- animal protectionists during the past plishments must include an under- lighting the issue of duplication in fifteen years. Over time, exposure to standing of the ever-changing terrain experiments and the need to search humane ideology typically prompts wrought by shifts in public taste and for alternatives. Ultimately, both of its adherents to become highly con- opinion. Other factors that must also these goals were pursued through scious of the ethical implications of be considered include nonlegislative means. their wardrobe, diet, entertainment, • the relative embeddedness of the In recent years there has been household, and other lifestyle choic- practices under scrutiny, some evidence of greater federal es. Humane advocates, as purchasers • countermeasures undertaken by commitment to enforcement action. of vegetarian, “cruelty-free,” and envi- the targeted interests, In the mid-1990s the U.S. Depart- ronmentally safe products, have come • negative publicity wrought by

A Social History of Postwar Animal Protection 29 misguided activism, ally not been borne out. Although the actually passed. Many have not even • changes in the political economy, movement made significant progress gained a hearing, let alone a vote. • technical advances that change toward the goal of deglamorizing fur Despite the frequent complaints of opportunities and threats, and in the 1980s, the fur industry has sur- the regulated parties, the legislative • many other advances and vived and continues to attract con- and regulatory restraints on animal reversals that occur over sumers. Its ability to cut prices in the use remain modest. The quality of the long term. short term, shift production to cheap- enforcement is at times questionable, Goals must necessarily change as er overseas facilities, and deploy and funding for administration of ani- conditions and opportunities change advertising resources to promote its mal protection programs is also limit- and issues are disputed, negotiated, product as an affirmative choice have ed. For instance, at the time of this and transformed by subsequent debate allowed the industry to survive during writing, federal Wildlife Services, and action. even the worst of times. Veal con- (known until 1997 as the Animal With these considerations in mind, sumption may be down, but it is not Damage Control program), which one should not overstate the effective- out. Americans eat a little less red underwrites the extermination of ness and sophistication of animal meat than they used to, but poultry predators, enjoyed a budget of $40 protectionists’ tactics or the general consumption has risen dramatically, million, while the AWA, designed to caliber of their leadership. The move- resulting in more animal suffering protect laboratory animals, got just ment’s history provides compelling overall. Internationally, intensive ani- one-fourth of that amount. examples of expenditure of funds and mal agriculture and meat consump- Efforts to translate substantial pop- effort on strategically pointless ges- tion have been increasing fast. Not ular concern for animals into legislatures and/or campaigns with little even in the field of animal testing, tive and regulatory progress have attention to long-term strategy or fol- which drew so much attention in the been stymied by the fact that political low-up campaigns. In the early 1980s, 1980s and where evidence indicates success in animal protection depends for example, Mobilization for Animals that animal use has declined substan- not on the breadth of public support (MfA) organized a year-long campaign tially, can continuing progress be but on the movement’s influence against the nation’s seven primate taken for granted. In 1999 animal within the networks responsible for centers and conducted major protests organizations had to fight off a prod- policy-making about animals. As it outside four of the seven facilities. Yet uct-safety initiative launched by envi- happens, movement access to these MfA and its collaborators never devel- ronmental groups and sponsored by networks is relatively poor. In general, oped a follow-up strategy; ironically, the federal government that would the proponents and beneficiaries of the major outcome of the protest was have led to an expansion of animal animal use dominate such networks, an increase in funding for the primate testing. After two decades of work on while animal advocates and organiza- centers in the wake of the demonstra- alternatives, it was still necessary for tions struggle to improve their access tions. The 1990 March for Animals humane advocates to persuade other (Garner 1998). drew 25,000 people to Washington for stakeholders that different and better It also remains the case that, despite a protest, but there was no larger testing, not more animal testing, was humanitarians’ efforts to place con- strategy developed beyond holding the appropriate course for the pro- cern for animals in its own right into the event itself. A last-minute legisla- gram to chart. public discourse, a number of the tive agenda, which produced little or most successful initiatives have relied no follow-up, was a failure. In the end, on secondary and tertiary arguments groups opposed to the animal activist Current Context tied to human interest or to civil lib- agenda exploited the event to get The animal protection movement erties. The campaign against youthful their story out and the media cover- may have growing popular appeal, but acts of cruelty has emphasized the age was mostly negative. Six years this has not necessarily been translat- potential for escalating sociopathic later, many of the same groups staged ed into commensurate political suc- behavior and interpersonal violence a follow-up event that drew only sev- cess. In the political arena, the power on the part of the perpetrators. The eral thousand supporters. While some of interests tied to animal exploita- campaign against dissection has argued that the turnout was low tion has prevented the passage and underscored the right to conscien- because the event was badly orga- implementation of many initiatives. tious objection on the part of stu- nized, the 1996 gathering effectively Frequent tensions between federal dents coerced to participate in the ended attempts to convert animal and state authority have limited the practice. Campaigns against the fac- activism into some sort of mass chances of success for some propos- tory farming and animal research movement. als, especially those relating to wildlife industries have emphasized the poten- It is also important to note that issues. Only a small percentage of the tial harm to humans of the products optimistic predictions about the many bills to halt or curb animal suf- that may result from those institu- demise of certain forms of animal use fering introduced during the past half tions and their activities. The need to during the past two decades have usu- century in the U.S. Congress have place emphasis and priority on con- 30 The State of the Animals: 2001 siderations unrelated to the integrity their political power by forging than 90 percent of all animal abuse and well-being of animals themselves alliances with one another and devel- and suffering occurs. appears to be an essential feature of oping broader societal networks (Zald Some models of movement devel- many successful campaigns. and McCarthy 1987). Among other opment suggest that, at a critical One of the most serious obstacles implications, the broad public base of stage, some adherents who believe faced by animal protection has been support for both environmentalism that little or no progress is being its difficulty in forging viable and and animal protection suggests that made or that change is not occurring enduring alliances with other move- the reconciliation of differences fast enough, may turn to extralegal ments. This deficiency has been most between the animal and environmen- and/or to violent tactics. In recent evident in the pursuit of legislative tal movements should be a high pri- years there has been an apparent objectives, but it has manifested itself ority for both. One potential conflict increase in the number of illegal in other arenas as well. Public health pits environmentalism’s focus on ani- actions directed against those who organizations, for example, have gen- mals as populations that need con- make their living through the use of erally resisted overtures from animal serving (or preserving) from extinc- animals. Most amount to property organizations when it comes to the tion against animal protection’s damage, cast by its perpetrators as a reform of product testing require- interest in animals as individuals that form of economic warfare against ments. Relations with the veterinary need protection from suffering. those who exploit animals. On some community, which could provide con- Another potential conflict arises from occasions, however, the targeted indi- siderable technical expertise as well the tendency for environmental viduals and institutions have been the as substantial moral support for the groups to seek solutions in appropri- subject of threats to life and limb. movement’s goals, are often strained. ate human intervention (they are still Such threats undermine the moral Animal protectionists have also ready to trust human ingenuity). Ani- basis of the modern animal move- neglected to cultivate ties with uni- mal advocates usually offer some vari- ment, which holds that all sentient versities, which could be a source of ation of a call for humans to leave beings (presumably including humans) potentially useful scholarship, exper- Nature alone to her own devices (they should not be subject to abuse or tise, and societal credibility. Finally, distrust what humans do in the name threat. In a democratic and pluralis- it has proved difficult for humane of preservation). tic society, the boundaries of accept- groups to establish reliable coopera- In the coming decade, the farm ani- able protest, direct action, and civil tion with environmental and wildlife mal issue would seem to pose the disobedience may be difficult to conservation organizations. Admit- most interesting and challenging test determine. Nevertheless, the animal tedly, coalition building is a two-way of the animal movement’s capacity protection movement cannot counte- street, and it is not clear that animal for alliance building. Until the last nance violence towards either ani- protectionists can readily overcome few years, humane organizations have mals or humans. As a matter of his- the dismissive attitude of other inter- been virtually alone in attempts to torical fact, threats of bodily harm est groups, whose concern for animal challenge factory-farming practices and acts of destruction intended protection issues is not deep enough in the political arena. Unfortunately, merely or mainly to intimidate or to underpin a strong alliance solely the movement has been unable harm others are nearly always coun- on the basis of animal welfare interests. to penetrate the relevant political terproductive in the long term and decision-making networks, which are will always undermine efforts to build dominated by industry-based groups a humane society (as both Gandhi and The Next with substantial power and influence Martin Luther King Jr. understood). (Garner 1998). However, the main- Ten Years stream environmental movement, The engagement of animal protection traditionally indifferent to the suffer- Conclusion with environmentalism looms espe- ing of animals on factory farms, has During the first phase of revitaliza- cially important, as environmentalism begun to address intensive animal tion (1950–1975) that followed World has emerged as the pivotal foundation agriculture from the perspective of War II, animal protectionists sought of new social movements worldwide. concern over environmental despolia- to reinstate the broad question of the Other movements’ prospects for gen- tion resulting from increased quanti- proper treatment for animals on the eral success rest to a significant ties of animal waste. The practices national agenda. New and compelling degree on their ability to include the of industrialized agriculture are also philosophies of human responsibility language of environmentalism in drawing increased attention from toward animals entered into public their own rhetoric. Among all new legislative and regulatory bodies. It discourse. In the middle period, social movements, environmentalism remains to be seen whether these between 1975 and 1990, the move- elicits the most support and the convergent interests can lead to long- ment gained popular support, and greatest degree of consensus (Martig term cooperation aimed at the reform triggered changes in attitudes and 1995). Movements grow and increase of the agricultural sector, where more behavior (buying patterns, for exam- A Social History of Postwar Animal Protection 31 ple) that continue to register broadly Jasper, J.S., and J. Poulsen. 1993. within American society. Literature Cited Fighting back: Vulnerabilities, blun- The evidence of concern for ani- Adams, C.J. 1990. The sexual politics ders, and countermobilization by mals within popular American culture of meat. New York: Continuum Press. the targets in three animal rights strongly suggests that the humane Brownlee, S. 1999. Foundation gives campaigns. Sociological Forum 8: impulse has made significant inroads up 300 research chimps. New York 639–57. into popular consciousness at the Times. 14 September. Kellert, S.R. 1985. Attitudes toward beginning of the new millennium. Cartmill, M. 1993. A view to a death animals: Age related development During the last quarter of the twenti- in the morning: Hunting and nature among children. Journal of Envi- through history. Cambridge: Harvard eth century, millions of Americans ronmental Education 16: 29–39. University Press. came to view the mistreatment of ani- Kellert, S.R., and J. Berry. 1981. Donovan, J., and C.J. Adams. 1996. mals, in various contexts, as a social Knowledge, affection and basic atti- Beyond animal rights: A feminist tudes towards animals in American evil that merits attention. Grassroots caring ethic for the treatment of ani- action and targeted campaign work society. Washington, D.C.: Govern- mals. New York: Continuum. ment Printing Office. generated unprecedented pressure Einwohner, R.L. 1997. The efficacy of Martig, A. 1995. Public support for for reform within most areas of ani- protest: Meaning and social move- the goals of new social movements: mal use. Animal protectionists tried ment outcomes. Doctoral disserta- A cross-national study. Doctoral to capitalize on public interest and tion, University of Washington. dissertation, Washington State Uni- concern by pushing for legislative Francione, G.L. 1996. Rain without versity. gains. This effort to realize legislative thunder: The ideology of the animal McAdam, D. 1982. Political process objectives continued during the con- rights movement. Philadelphia: and the development of black insur- solidation phase of 1990–2000. Ani- Temple University Press. gency. Chicago: University of Chica- mal organizations and their support- Garner, R. 1998. Political animals: go Press. ers have established themselves as an Animal protection politics in Britain Melucci, A. 1985. The symbolic chal- interest faction in political debates and the United States. Manchester: lenge of contemporary movements. that affect the well-being and future Manchester University Press. Social Research 52: 789–816. of nonhuman animals and have pene- Glaberson, W. 1999. Legal pioneers Mitman, G. 1999. Reel nature: Ameri- trated some of the institutions where seek to raise lowly status of animals. ca’s romance with wildlife on film. relevant policy decisions are made. New York Times, 18 August, A–1. Cambridge: Harvard University At the same time, cruelty to ani- Griffin, D. 1976. 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32 The State of the Animals: 2001 Sanders, S., and J. Jasper. 1994. Civil politics in the animal rights conflict: God terms versus casuistry in Cambridge, Massachusetts. Sci- ence, Technology, and Human Val- ues 19(2): 169–88. Serpell, J. 1986. In the company of animals: A study of human-animal relationships. Oxford: Basil Black- well. Shapiro, K. 1994. The caring sleuth: Portrait of an animal rights activist. Society and Animals 2: 145–166. Singer, P. 1998. Ethics into action: Henry Spira and the animal rights movement. New York: Rowman and Littlefield. Snow, D.A., and R.D. Benford. 1992. Master frames and cycles of protest. In Frontiers in social movement theory, eds. A.D. Morris and C.M. Mueller. New Haven: Yale University Press. Spira, H. 1995. Coordinator’s report of the Coalition for Non-Violent Food. New York: Animal Rights International. Tarrow, S. 1998. Power in movement. New York: Cambridge University Press. Taylor, V. 1989. Social movement continuity: The women’s movement in abeyance. American Sociological Review 54: 761–75. Zald, M., and J.M. McCarthy, eds. 1987. Social movements in an organizational society. New Brunswick: Transaction Books.

A Social History of Postwar Animal Protection 33 Appendix Milestones in Postwar Animal Protection ORGANIZATIONS FOUNDED LEGISLATION PASSED/AMENDED OTHER

1951 Animal Welfare Institute

1954 Humane Society of the U.S.

1955 Society for Animal Protective Legislation

1957 Friends of Animals

1958 Humane Slaughter Act (HSA)

1959 Catholic Society for Animal Welfare Wild Horses Act The Principles of Humane (now ISAR) Experimental Technique published Beauty Without Cruelty

1962 Bald and Golden Eagle Act

1966 Endangered Species Act (ESA) Laboratory Animal Welfare Act (LAWA)

1967 Fund for Animals United Action for Animals

1968 Animal Protection Institute Canadian Council on Animal Care

1969 International Fund for Animal Welfare

1970 Animal Welfare Act (AWA) amendments

1971 Greenpeace Wild Free-Roaming Horse Diet for a Small Planet and Burro Act published

1972 Decompression chamber banned for euthanasia in California Marine Mammal Protection Act (MMPA)

1973 International Primate Protection ESA amendments Convention on International League (IPPL) Trade in Endangered Species (CITES) Air Force beagles campaign

1974 North American Vegetarian Society Mankind? published (NAVS)

1975 Animal Liberation published

1976 Animal Rights International AWA amendments American Museum of Natural (ARI) History protests Committee to Abolish Sport Horse Protection Act The Question of Animal Hunting (CASH) Awareness published Fur Seal Act

1977 Sea Shepherd Conservation “Undersea Railroad” releases Society porpoises in Hawaii Scientists Center for Animal Welfare formed American Fund for Alternatives to Animal Research

1978 Animal Legal Defense Fund HSA amendments Indian government bans rhesus (ALDF) monkey exports Medical Research Modernization Committee

34 The State of the Animals: 2001 continued from previous page Appendix Milestones in Postwar Animal Protection

ORGANIZATIONS FOUNDED LEGISLATION PASSED/AMENDED OTHER

1979 Committee to End Animal Suffering Metcalf-Hatch Act (authorizing pound Coalition to Abolish the Draize in Experiments (CEASE) seizure) repealed in New York State Test launched Packwood-Magnuson Amendment to the The Animals’ Agenda launched International Fishery Conservation Act Research Modernization Act introduced in Congress Animal Liberation Front (ALF) raid, first in the United States, at New York Univ. Medical Center Vegetarianism: A Way of Life published

1980 People for the Ethical Treatment Action for Life conference of Animals (PETA) launched Psychologists for the Ethical Treatment Animal Factories published of Animals (PsyETA) Student Action Corps for Animals (SACA)

1981 Farm Animal Reform Movement Silver Spring Monkeys confiscated (FARM) from IBR Trans-Species Unlimited (TSU) Mobilization for Animals (MfA) Association of Veterinarians for Animal Rights (AVAR) Johns Hopkins Center for Alternatives to Animal Testing (CAAT) Primarily Primates sanctuary

1982 Food Animal Concerns Trust MMPA reauthorized Veal ban campaign launched (FACT) Vegetarian Resource Group (VRG) National Alliance for Animal Legislation (NAA) Feminists for Animal Rights (FAR)

1983 In Defense of Animals (IDA) The Case for Animal Rights published A Vegetarian Sourcebook published

1984 Humane Farming Association Pound seizure in Massachusetts ALF raid at Head Injury Clinical (HFA) repealed Research Center, Univ. of Pennsylvania Performing Animal Welfare Society (PAWS) Modern Meat, focusing on antibiotics in meat production, published

A Social History of Postwar Animal Protection 35 continued from previous page Appendix Milestones in Postwar Animal Protection

ORGANIZATIONS FOUNDED LEGISLATION PASSED/AMENDED OTHER

1985 Physicians Committee for Responsible AWA amended to include focus ProPets Coalition launched Medicine (PCRM) on alternatives and control of pain and distress Hegins pigeon shoot Last Chance for Animals campaign launched (LCA) Campaign for a Fur Free America Culture and Animals Foundation and Fur Free Friday launched (CAF) Great American MeatOut launched Tufts Center for Animals Federal funding for Head Injury and Public Policy Clinical Research Center suspended

1986 Farm Sanctuary Cambridge Committee for Responsible Research Animal Welfare Information (CCRR) initiative Center (AWIC)

1987 The Animals’ Voice launched Diet for a New America published Jenifer Graham case filed

1988 Doris Day Animal League (DDAL)

1989 Avon Corporation ends its animal testing Veal Calf Protection Bill hearings, U.S. Congress

1990 United Poultry Concerns AWA amended March for the Animals California referendum bans mountain-lion hunting

San Mateo County spay/neuter ordinance passed

1991 Ark Trust Cambridge, Mass., bans LD50 Stockyard “downer” and Draize tests campaign launched

1992 Wild Bird Conservation Act Student Right Not to Dissect approved in Pennsylvania International Dolphin Conservation Act Driftnet Fishery Conservation Act Colorado referendum bans spring, bait, and hound bear hunting

1993 NIH Revitalization [Reauthorization] Marie Moore Chair in Humane Act mandates development of research Studies and Veterinary Ethics methods using no animals endowed at Univ. of Pennsylvania First World Congress on Alternatives and Animals in the Life Sciences

1994 Arizona banned trapping on public lands (public initiative) Oregon referendum bans bear baiting, bear and cougar hounding

36 The State of the Animals: 2001 continued from previous page Appendix Milestones in Postwar Animal Protection

ORGANIZATIONS FOUNDED LEGISLATION PASSED/AMENDED OTHER

1995 USDA ends face branding under pressure Spay Day USA launched

1996 Colorado referendum bans body-gripping traps Massachusetts referendum bans bear baiting, hound hunting, body-gripping traps, and reforms Fisheries and Wildlife Commission Washington referendum bans bear baiting and hound hunting bears, cougars, and bobcats

1998 Arizona referendum bans cockfighting Missouri referendum bans cockfighting California referendum bans body-gripping traps

1999 Harvard Univ. announces launch of animal rights law course

2000 Hegins pigeon shoot terminated

A Social History of Postwar Animal Protection 37

Cruelty to Animals: Changing Psychological, Social, and 2CHAPTER Legislative Perspectives

Frank R. Ascione and Randall Lockwood

Introduction uring the last half of the twen- ment has allowed or encouraged. The (Greece, Egypt, Mesopotamia, Assyr- tieth century, many of soci- fact that the definition of cruelty to ia, India) looked upon killing of ani- Dety’s concerns were focused animals is so strongly influenced by mals in a nonsacrificial way as the on the quality of our physical environ- cultures and subcultures need not be moral equivalent of manslaughter. ment and the threats to the integrity a complication but rather an oppor- As the sacred elements of animal and health of that environment. As we tunity to unravel the many influ- use changed with the expansion of uti- enter the new millennium, it is becom- ences that can shape violent behavior. lization of domestic animals, so did ing clear that societal concerns about Closer analysis of the connections Western views of animal maltreat- the proliferation of violence will con- between cruelty to animals and other ment. Key to this transformation were stitute another environmental move- forms of violence offers new opportu- the reinterpretations of Biblical statement, one dealing with the problems nities for the study of violence and the ments on animals by Saint Augustine that Garbarino (1995) has termed “so- hope for new insights and solutions. (A.D. 354–430) and Thomas Aquinas cial toxicity.” Research, debate, and Concern about cruelty to animals (1225–1274). These denied that ani- discussion about the causes and cures has been part of the cultural, ethical, mals had the capacity for reason and of violence in American society are and religious traditions of most immortality and advanced the con- already part of the discourse of nearly societies (Regenstein 1991). Serpell cept that maltreatment of animals was every discipline, from philosophy to (1999) observes that many historical wrong only in the context of its con- criminology to evolutionary biology. accounts of the rise of the animal pro- nection to the development of violence Society is looking for new tools and tection movement link the growth of against people. In Summa Contra resources to employ in the efforts to this concern to other social reform Gentiles, Aquinas follows his defense combat violence, identify real or movements of the eighteenth and of the exploitation of animals with potential perpetrators at an early nineteenth centuries. These include this observation: stage, and define actions that might abolition of slavery, women’s suffrage, If any passages of Holy Writ seem predict or prevent violent behavior. and the protection of children, the to forbid us to be cruel to dumb Closer examination of cruelty to ani- disabled, and the severely mentally ill animals, for instance to kill a bird mals within the framework of family (see e.g., Turner 1980; Ritvo 1987; with its young, this is “to remove and societal violence offers an oppor- Ryder 1989). However, Serpell argues man’s thoughts from being cruel tunity to explore violence outside of that the exclusion of animals from to other men, and lest through the traditional nature–nurture debate moral consideration in pre–eighteenth- being cruel to other animals one over the origins of aggression. Cruel- century Europe was the exception, becomes cruel to human beings” ty to animals represents an objective- rather than the rule. Hunter-gatherer (Regan and Singer 1976, 59). ly definable behavior that occurs and early agrarian societies tended to Immanuel Kant echoed these same within a societal context. It also rep- view animals as fully rational, sentient sentiments five hundred years later in resents a good measure of the inter- beings with whom humans were to his essay “Metaphysical Principles of action between the behavior of which maintain correct and respectful rela- the Doctrine of Virtue”: an individual is intrinsically capable tionships. Even cultures that made use Cruelty to animals is contrary to and the behavior his or her environ- of domesticated animals for food man’s duty to himself, because it

39 deadens in him the feeling of sym- mal abuse and urged the field of crim- First, animal abuse may be present at pathy for their sufferings, and thus inology to pay greater attention to both an early and a later stage, a rela- a natural tendency that is very this phenomenon both as an object of tion we could call maintenance. Sec- useful to morality in relation to study in its own right and as a factor ond, animal abuse may be absent dur- other human beings is weakened. related to human violence and crime. ing an early stage but appear at a (Regan and Singer 1976, 125) This theme also runs through a later stage, a relation called emer- Ironically this view recognizes that recent South African article pub- gence. Third, animal abuse may be cruelty to animals can have serious lished by Schiff et al. (1999). In an present early but may cease to occur effects on the perpetrator, effects that earlier paper, Beirne (1997) high- later, a relation labeled desistence can shape how he or she interacts with lighted the sexual abuse of animals (though this can be supplanted by other people, but at the same time it (bestiality) as a topic virtually ig- escalation, discussed below). Finally, dismisses as immaterial the direct nored in the sociological and crimi- animal abuse may be absent at all impact of such maltreatment on the nological fields. Agnew (1998) has developmental stages. nonhuman victim. We at last seem to provided a thoughtful analysis of the In each of the first four relations, be moving toward recognition that need to integrate animal abuse into animal abuse is present in some form cruelty to animals can result in great criminological theories of crime and at some developmental period. These harm to the victim, the perpetrator, deviance. Robin (1999) and Flynn relations are further complicated, and society as a whole. As Serpell (2000a,b) have contributed valu- however, when we consider that ani- (1999) notes, we are arriving at the able conceptual papers encouraging mal abuse may be just one form of realization that the roots of cruelty do the fields of public health and fami- antisocial behavior displayed during not lie in some primitive nature that is ly relations, respectively, to broaden childhood and adolescence. to be transcended through enhanced their research domains to include In the case of maintenance, animal civility, as the Victorians believed, but animal maltreatment as a significant abuse may be accompanied by other in the complex consequences of perform of violence. Arluke and Lock- antisocial symptomatology (e.g., fire sonal experiences within the context wood (1997), Lockwood and As- setting, vandalism) at any develop- of cultures and subcultures. cione (1998), and Ascione et al. mental periods. In the case of emer- (2000) have also called for greater gence, other antisocial behavior (e.g., collaborative work among animal wel- bullying children) may precede ani- The Renewal fare, domestic violence, child welfare, mal abuse. And in the case of and child clinical fields both in terms desistence, although animal abuse of a Research of research efforts and program (pre- ceases, it may be supplanted by other ventive and treatment) development. antisocial behavior (e.g., the five-year- Emphasis These reviews have set the stage for old who sexually abuses animals Most of the attention given to the implementing a revitalized research becomes a fifteen-year-old who sexual- topic of cruelty to animals within sci- agenda on animal abuse issues for ly assaults humans). This last condi- entific and academic communities this new century. Rather than simply tion, in which animal abuse precedes during the last two hundred years documenting that animal abuse is a other forms of violence toward people, is contained within a relatively small significant problem in its own right has sometimes been referred to as the number of reports (Lockwood and and a problem related to human vic- graduation or escalation hypothesis. Ascione 1998). A sign of the growing timization, we can now begin to ask The escalation hypothesis suggests maturity of scholarly attention to the- the more difficult questions about that the presence of cruelty to ani- ory and research on animal abuse is factors related to the ontogeny, pre- mals at one developmental period the recent blossoming of conceptual vention, and treatment of animal mal- predicts interpersonal violence at a and review papers on this topic. In treatment and its relation to other later developmental period. Accord- developmental psychology Ascione mental health problems. ing to this hypothesis, the five-year- (1993) reviewed the literature on ani- old who abuses animals is on the way mal abuse from the perspective of to becoming an elementary-school developmental psychopathology. He Developmental bully, aggressive adolescent, and noted the early historical interest in adult violent offender. This type of animal abuse in the psychoanalytic Aspects of progression fails to consider the com- and child psychology literatures at plex associations between childhood the beginning of the twentieth centu- Animal Abuse and adolescent antisocial behavior and ry but also noted the failure of devel- The relationship between cruelty to adult violence and criminality. In the opmental psychologists to attend to animals and stages of human develop- following sections, we outline rele- the role of pets and other animals in ment can be characterized in at least vant material from the area of devel- the lives of children. Beirne (1999) five ways: maintenance, emergence, opmental psychopathology that sug- has examined the literature on ani- desistence, escalation, and absence. gests the escalation hypothesis may

40 The State of the Animals: 2001 be more the exception than the rule. However, a few caveats accompany nonclinic twelve- to fourteen-year- A more general form of the escala- this expectation. First, cruelty to ani- olds and their parents. The preva- tion hypothesis is actually codified in mals has been listed as a CD symptom lence of cruelty to animals based on the Diagnostic and Statistical Manual only since the 1987 version of the parental reports was 1.2 percent for of Mental Disorders, fourth edition DSM. Clinical research and practice girls, and 2.7 percent for boys, but (DSM-IV) (American Psychiatric Asso- prior to 1987 may not include ques- the rates based on children’s self ciation [APA] 1994). The adult per- tions about animal abuse. A thirty- reports were 9.1 percent and 10.2 sonality disorder most closely related year-old with APD who was abusive to percent, respectively. It is also to violent behavior is antisocial per- animals as a fourteen-year-old might unclear from Frick et al. (1) how long sonality disorder (APD) (code 301.7) not show up as a positive instance of hurting animals persists over child- and its diagnosis has, as a prerequi- the escalation hypothesis. hood and adolescence, (2) whether site, the presence of conduct disorder Second, covert cruelty to animals hurting animals is displaced by other (CD) (code 312.8) prior to age fifteen may not come to the attention of par- forms of destructiveness and antiso- years. The first area of concern listed ents, who are usually the respondents cial behavior, and (3) how often cru- under the APD diagnostic criteria is to symptom checklists/questionnaires elty to animals, given that opportuni- “failure to conform to social norms about their children’s current behav- ties for its commission are available, with respect to lawful behaviors as ior and history. Teachers, who may is absent in both CD and APD. indicated by repeatedly performing also be asked to complete such check- acts that are grounds for arrest” (APA lists and questionnaires, may be 1994, 649). Although aggressiveness unaware of a child’s abuse of animals, The Prevalence is also listed as a symptom of APD, since this behavior is unlikely to occur there is no specific mention of animal in school environments. In addition, of Cruelty abuse. This contrasts with the diagnos- since cruelty to animals has until very tic symptoms for CD, which include recently been classified as a “minor” to Animals cases where a child or adolescent “has crime in most jurisdictions, even The occurence of cruelty to animals been physically cruel to animals” when discovered it has often been dis- in children referred to mental health (APA 1994, 90). Physical cruelty to missed as trivial or irrelevant. Behav- services and in nonreferred children animals, however, is only one of fif- iors that are more overt, such as has been estimated in two studies by teen distinct symptoms listed under vandalism, theft, fire setting, and tru- Achenbach and Edelbrock (1981) and the CD classification. To receive a ancy, may be more likely to come to Achenbach et al. (1991). Although diagnosis of CD, the child or adoles- the attention of parents and authori- these were cross-sectional, not longi- cent must display at least three of the ties and to be reported. tudinal, studies, both suggest that fifteen symptoms within the previous Third, there is some evidence that cruelty to animals is most prevalent twelve months. Therefore, cruelty to cruelty to animals is one of the earli- among preschoolers and then decreas- animals, alone, is neither necessary est CD symptoms to emerge, but its es over childhood to mid-adolescence nor sufficient for a diagnosis of CD. significance may not be noted until (age sixteen). This could represent Unfortunately, we are not aware of additional symptoms (e.g., fire set- a real developmental decrease but any research that ties the presence of ting, vandalism) begin to accumulate. could also be due to overt cruelty cruelty to animals as a CD symptom to Frick et al. (1993, 330) noted that becoming covert and, thus, less likely the probability of APD in adults. parental reports on the emergence to be captured in parental reports. If a strong form of the escalation of CD symptoms mark 6.5 years as These studies do suggest that cruelty hypothesis were viable (i.e., early cru- the median age of onset for “hurting to animals is more common for boys elty to animals always leads to later animals.” Other potentially criminal than for girls and for referred than for interpersonal violence) and we locat- behaviors emerge later (e.g., stealing, nonreferred children (cruelty to ani- ed a sufficient sample of APD clients, 7.5 years; setting fires, 8.0 years). mals ranges from 10–30 percent for we would expect many of the clients to Note that these data are based on referred children in contrast to 0–5 have displayed cruelty to animals as retrospective parental reports. Frick percent for nonreferred children). part of their CD symptomatology. et al. recommend soliciting informa- Larzelere et al. (1989) found that Furthermore, a prospective study tion, both retrospective and contem- cruelty to animals in a nonclinic could determine whether children porary, directly from children (that is, sample of children from infants identified as conduct disordered who self-reports), especially for covert be- to toddlers, according to parental display cruelty toward animals as part haviors. We may discover that chil- reports, appeared to increase over this of their symptomatology are more dren’s self-reports regarding the age developmental period. Cruelty to ani- likely to display interpersonally violent of onset of cruelty to animals may be mals was “sometimes” or “frequent- behavior in adulthood and are more earlier than parental reports indi- ly” present for 4 percent of one-year- likely to be classified as APD than are cate. Offord et al. (1991) inter- olds and 8 percent of four-year-olds. It children who do not abuse animals. viewed a large sample (N=1,232) of is unclear what anchor, or definition

Cruelty to Animals: Changing Psychological, Social, and Legislative Perspectives 41 of “cruelty to animals,” is being used percentage of this 25 percent persists also computed base rates for each CD by respondents reporting on these in displaying cruelty to animals into symptom, allowing comparison of very young children. What these stud- adolescence and adulthood. symptom prevalence in their sample ies also cannot tell us is whether a A recent paper published in Aus- (for example, the following symptoms five-year-old who is cruel to animals tralia and New Zealand suggests that and the percentage of subjects dis- will display this behavior at later ages. this analysis may not be far off the playing them were cruel to animals, mark. Luk et al. (1999) reanalyzed 12 percent; setting fires, 3 percent; case data from a sample of children cruel to people, 5 percent; stealing, Comparing (N=141) referred to mental health 34 percent; fighting, 27 percent; services with “symptoms suggestive of lying, 31 percent). The PPP for cruel- Cruelty to oppositional defiant/conduct disor- ty to animals was .82, indicating that der” (p. 30) and a sample of commu- 82 percent of the children displaying Animals nity children (N=37). The clinic- cruelty to animals received a CD diag- referred group was subdivided into two nosis (the comparable PPPs were 1.0 with Other groups. Children in the “no–cruelty–to for setting fires, .83 for cruelty to animals” (“no CTA”) group (N=101) people, .65 for stealing, .64 for fight- Symptoms were not reported to have been cruel ing, and .54 for lying). The NPP for of CD to animals on the Child Behavior cruelty to animals was .22, indicating Since cruelty to animals is only one of Checklist (CBCL). In contrast, chil- that 22 percent of the children not the fifteen symptoms of CD, it is dren in the cruelty–to–animals (CTA) displaying the symptom did not appropriate to ask how it compares group (N=40) were reported to be receive a CD diagnosis. As the authors with the other symptoms on its diag- sometimes or often cruel to animals. note, “although the presence of the nostic value. Spitzer, Davies, and Thus, 40 of 141, or 28.4 percent, of symptom was highly indicative of the Barkley (1990), as part of a larger the clinic-referred children displayed disorder, the disorder was often present study, examined the diagnostic utility the symptom of animal abuse. without the symptom” (ibid., 533). of individual CD symptoms using data Luk et al. also demonstrated that Usually CD is diagnosed only if gathered from psychological and psy- differentiating the clinic-referred sub- symptoms have been present within chiatric facilities at ten different geo- groups on the basis of presence of the previous twelve months. One graphic sites. One of the measures of reported animal abuse was related child may have had one severe symptom utility they computed was to another measure of childhood episode of animal abuse within the an odds ratio. The odds ratio is calcu- problem behaviors which, unlike the previous twelve months but no previ- lated by taking the probability of a CBCL, does not include an item ous episodes. Another child may have symptom in children diagnosed with assessing cruelty to animals. Using been severely abusive toward animals CD and dividing it by the probability the Eyberg Child Behavior Inventory, in the five years prior to and including of the same symptom in children they found that the mean problem the year he or she was evaluated. Cur- without CD. For physical cruelty to and problem severity scores of chil- rent diagnostic criteria would not be animals, Spitzer et al. found an odds dren in the CTA clinical group signif- sensitive to the quantitative, as well ratio of 5.07. That is, if we take 5 per- icantly (p<.001) exceeded the means as qualitative, differences likely to cent as the prevalence of cruelty in a for the “No CTA” clinical group and exist between these two children’s sample of non-CD children, the preva- the community control group. behavioral history. This is a critical lence in a sample of CD-diagnosed The issue of CD symptom utility issue, since Loeber et al. (1993), for children would be 25 percent (5.07 was also addressed in a study by Frick example, found that cruelty to ani- et al. (1994). Using data gathered [odds ratio]=.25/.05). (The odds mals only differentiated a sample of from 440 clinic-referred children and ratio for two other symptoms, for children with oppositional defiant dis- adolescents, they examined the utility comparison, are 11.34 for stealing order from CD children when infor- of proposed DSM-IV CD symptoms in without confrontation of a victim and mation about cruelty to animals was predicting the presence or absence of 3.14 for physical cruelty to people.) aggregated over a three-year period. This odds ratio was sufficiently high the disorder. They computed the positive predictive power (PPP) and the Assessing whether animal abuse is for Spitzer et al. to recommend that a chronic or acute problem thus the symptom be retained in future negative predictive power (NPP) of each symptom. PPP can be expressed appears essential in making predic- revisions of the DSM. However, if the tions about future behavior. estimates above are correct, the odds as the proportion of children who dis- ratio suggests that only one in four play the symptom and who are also (25 percent) CD-diagnosed children diagnosed with the disorder. NPP is might engage in animal abuse. The the proportion of children who do not critical question that remains is what display the symptom and are not diagnosed with the disorder. Frick et al.

42 The State of the Animals: 2001 The Interview for Antisocial Behav- man 1992). Animal abuse may desen- Checklist ior (IAB) developed by Kazdin and sitize a perpetrator. It may represent Esveldt-Dawson (1986) assesses pri- a form of rehearsal for the abuse of Assessments of marily externalizing problems and humans and, if undetected, embolden also includes “being cruel to animals” the perpetrator to believe he can Animal Abuse among a total of thirty items reflec- escape both the authorities and the While the rather lengthy and time- tive of antisocial behavior, a number consequences of his acts. Most, if not consuming psychiatric assessments of of which are reflective of current CD all, serial killers very likely were child psychopathology based on the symptomatology. The IAB can be conduct-disordered as children and DSM-IV are useful (e.g., the Diagnos- administered as a parental report or adolescents, but thankfully, only a tic Interview Scale for Children, the as a self-report. The response format minuscule proportion of conduct dis- Diagnostic Interview Scale for Adoles- includes ratings of the severity of ordered children are likely to develop cents), questionnaires and checklists each problem (1=none at all, 5=very into such offenders. As noted by a col- are more often used to assess child- much) as well as its duration or league who works with juvenile fire hood behavior and psychological prob- chronicity (1=present six months or setters (Marcel Chappuis, personal lems. One of the most common is the less, 3=always present). The IAB thus communication, March 23, 1998), previously cited CBCL, developed by provides more detail about cruelty to every adult arsonist he has encoun- Achenbach et al. (1991). Cruelty to animals but respondents’ interpreta- tered has had a childhood history of animals is assessed through parental tions of “cruel” may still vary. It fire setting, yet very few fire setting responses to one item (out of 112 should be noted that Kazdin and children progress to adult arson. items related to behaviors ranging Esveldt-Dawson found that the “cruel We know of only one recent study from “acts too young for his/her age” to animals” item correlated .46 that has attempted to address directly to “worries”). Using a time frame of (p<.001) with the total IAB score and the relationships among a history of the previous six months, the respon- differentiated a sample of CD and nonanimal abuse, physical punitiveness by dent rates his or her child as “cruel to CD children F(1,256)=8.44, (p<.01). parents, and adult criminality, differ- animals” using the following choices: This excursion into the symptoma- entiating violent and nonviolent “not true (as far as you know),” tology of CD reinforces the point that offending. Miller and Knutson (1997) “somewhat or sometimes true,” or cruelty to animals is but one piece of referred to research by Widom (1989), “very true or often true.” For the spe- the puzzle relating childhood antiso- based on archival data, showing posi- cific study of animal abuse, this instru- cial behavior to adult violence and tive associations between experiences ment leaves much to be desired. First, criminality. Since this piece has not of child maltreatment and adult crim- “cruel to animals” is undefined, and received extensive research attention, inality and violent offending. But different parents may use different it is understandable that animal wel- Miller and Knutson raised concerns definitions of cruelty when rating fare organizations have emphasized about the failure of archival records to their children. Second, the response high-profile cases where animal abuse capture actual histories of abuse (due format suggests that parents may use appears related to interpersonal vio- to under-reporting and the fact that either frequency of cruelty, severity of lence. For example, in interviews with only a minority of incidents may come cruelty, or both in rating their child. executed serial killer Arthur Gary to the attention of authorities). Using Third, the “not true” choice acknowl- Bishop, Mike Carter (personal com- self-reports, Miller and Knutson edges that parents may not be aware munication, March 23, 1998) discov- reportedly failed to find a substantial of such cruelty and suggests that ered that Bishop was so distressed by association between past experiences obtaining children’s self-reports may the abduction, torture, and murder of of animal abuse and physical punitive- be critical for potentially covert behav- his first child victim that he was pur- ness (r=.13, p<.05) and noted that iors like animal abuse (the youth self- suing ways of “de-escalating.” Bish- past experiences of animal abuse did report form of the CBCL, unfortu- op’s “solution” was to acquire nearly not differentiate among the four nately, does not include an item on fifty puppies from animal shelters and groups of offenders they had classified cruelty to animals). Fourth, the time pet shops, take them home, and tor- (homicide, violent, sex, and other period of six months precludes assess- ture and kill them. Instead of reduc- offense). They did find that the violent ing cruelty to animals that may have ing his need for violence, Bishop offender group scored higher on the occurred prior to this time. In defense found that he so enjoyed the tortured physical punitiveness measure than of the CBCL, it must be stated that a cries of the animals, that the animal did the other three groups. focus on assessing animal abuse was abuse helped motivate him to abduct, Miller and Knutson’s incarcerated never one of the purposes for which it torture, and kill more children. Cases sample (N=314) was predominantly was designed. The CBCL’s value lies in such as these, where animal abuse male (84 percent). After 15 partici- its economical assessment of a broad seems directly tied to interpersonal pants were dropped due to incom- range of internalizing and externaliz- violence, abound in the literature on plete data, 71 percent of the remaining problems. serial homicide (Ressler and Schact- ing 299 participants reported some

Cruelty to Animals: Changing Psychological, Social, and Legislative Perspectives 43 experience with cruelty to animals. from respondents’ own cruelty toward symptoms; both may show develop- However, “cruelty to animals” needs animals. Such a separation would mental changes and display the rela- to be elaborated upon. Miller and have been useful in the Miller and tions of maintenance, emergence, and Knutson used an adaptation of Boat’s Knutson research. desistence; both may share etiological (1999) Animal-related Trauma Inven- Although Miller and Knutson con- factors; both are often performed tory to assess experiences with cruel- clude that their data were “not consis- covertly; and both may be early sen- ty to animals. Seven types of cruelty tent with the hypothesis that exposure tinels for later psychological problems. to animals listed in this qualitative to cruelty to animals is importantly The U.S. Department of Justice inventory were used to create a com- related to antisocial behavior or child funded the production of the Salt posite measure yielding a quantita- maltreatment” (1997, 59), they them- Lake Area Juvenile Firesetter/Arson tive summary score. A major problem selves urge caution about interpreta- Control and Prevention Program with this composite measure is that tion of their findings. First, they note (1992). The program is based on a some of the items may reflect a that base rates of some exposure to typology of juvenile fire setters that respondent’s antagonism toward ani- cruelty to animals were quite high in may be relevant to developing a typol- mals while others may be neutral or this incarcerated sample (i.e., 71 per- ogy of children who abuse animals suggest a strong affectional attach- cent reported some exposure). This (Marcel Chappuis, personal commu- ment to animals. According to the was also the case in a second study nication, March 23, 1998). The typol- seven types of cruelty to animals, the they conducted with 308 undergradu- ogy of juvenile fire setters is as follows: respondent (1) saw an animal killed, ates in which 68.9 percent of males Normal curiosity fire setters: These (2) killed a pet, (3) killed a stray, (4) and 33 percent of females reported children have a mean age of five years was forced to hurt an animal, (5) hurt some exposure to cruelty to animals (range three to seven years) and often an animal, (6) saw others hurt an ani- (this gender difference was statistical- share the characteristics of poor mal, or (7) was controlled by a threat ly significant). Second, Miller and parental supervision, a lack of fire to hurt or kill an animal. Knutson note that the distribution of education, and no fear of fire. Composite scores could range from scores on the composite measure of “Plea-for-help” fire setters: These 0 to 46, but it is apparent that this exposure to cruelty to animals was children have a mean age of nine quantitative rating masks the com- positively skewed (i.e., most respon- years (range seven to thirteen years); plexity of “exposure to animal abuse.” dents scored in the low range) and their fire setting is often symptomatic The methodology makes no clear dis- leptokurtic (i.e., more sharply peaked of more deep-seated psychological tinction between the perpetration of than bell shaped). Since these charac- disturbance. These individuals usually cruelty to animals and exposure to teristics indicate a restricted range have had adequate fire education. such acts performed by others, either of scores, correlational analyses were Delinquent fire setters: These individ- incidentally or as a specific threat to less likely to yield significant results. uals have a mean age of fourteen years coerce the subject. For example, an Although there are methodological (range thirteen years to adulthood); individual could receive a high score difficulties with the Miller and Knut- their fire setting may be one of a host for responding positively only to son study, the study does suggest the of adolescent-onset antisocial behav- items 1, 4, 6, and 7, which involve value of using more than a single- iors, including gang-related activities. either witnessing others’ cruelty to item assessment of experience with The Salt Lake program has devel- animals, being forced to abuse ani- animal abuse. It would be valuable to oped a series of assessment scales that mals, or being coerced by threatened have an assessment instrument that are geared to each age group of fire animal abuse. Another individual was both efficient (e.g., checklist or setters and that can be administered might receive a similarly high score structured questionnaire) and target- to the child’s parent/guardian and by responding positively only to items ed at both performing acts of animal to the child. In addition to questions 2, 3, and 5, which involve participant abuse and witnessing such acts per- about fire education and the fire set- animal abuse or killing. Assessing the formed by others. Although Ascione ting incident(s), questions about gen- internal consistency of this compos- et al. (1997) assessed both perform- eral behavior problems (similar to ite scale would have been useful. Low ing and witnessing animal abuse, the those on the CBCL) are included. It is internal consistency might suggest instrument they developed is a noteworthy that among these ques- that single items or groups of items lengthy interview protocol that may tions is an item about cruelty to ani- may be measuring different con- diminish its attractiveness in nonre- mals (there is also a direct question structs. High internal consistency search applications. about whether the fire setting incident would substantiate that witnessing One model that could be used to involved the burning of an animal). and perpetrating animal abuse form a develop an animal abuse assessment Responses to these assessments are single construct. In other qualitative instrument is the approach that has then used to direct the selection of an research, Ascione et al. (1997) been taken to assess juvenile fire intervention strategy. Children who specifically separated observation setting. Fire setting shares many fea- fall into the normal curiosity group are of animal abuse performed by others tures with animal abuse: both are CD often enrolled in a fire education pro-

44 The State of the Animals: 2001 gram, and attempts may also be made and exposure to domestic violence. logical, developmental, and social to educate parents about fire safety Delinquent animal abuse: Youth in forces to influence the potential for and the need for supervising young this category are most likely to be antisocial and/or violent juvenile and children. Children who fall into the adolescents whose animal abuse may adult behaviors. Athens (1992) pro- other two groups are referred to men- be but one of a number of antisocial vides one holistic approach to under- tal health services, since fire depart- activities. In some cases, the animal standing this process that may help ments are not prepared to deal with abuse may be a component of gang/ clarify some of the dynamics in the psychological problems these cult-related activities (e.g., initiation extreme cases. He divides the process young people may present. rites) or less formal group violence and of development of violent dangerous It might be possible to develop a destructiveness. The associated use of criminal behavior into several stages. similar typology for children who pre- alcohol and other substances may be The first of these, which Athens terms sent with the problem of animal implicated with these youth. “brutalization,” is the result of a com- abuse. Although there is not a great A study by Arluke et al. (1999) bination of experiences, including deal of empirical information to rely makes clear the connection between being the victim of physical or sexual on, the study by Ascione et al. (1997) animal abuse and a variety of criminal abuse, being a witness to extreme vio- suggests the varied motivations that activities that affect human welfare. lence against others, and “violent may underlie child and adolescent Using records from the MSPCA, they coaching” (i.e., being encouraged to animal abuse. Together with the located 153 individuals who had been respond violently to real or perceived extensive experience of animal con- prosecuted for cruelty to animals threats). This process then engenders trol and animal welfare profession- (abusers) and a comparison group of the later stages, which are character- als, one could develop a typology 153 individuals, residing in the same ized by the routine use of violence mirroring that for juvenile fire set- neighborhoods, with no record of and acceptance of one’s violent noto- ters. A sketch of such a typology animal abuse (nonabusers). They riety. Although Athens does not might approximate the following: then checked the state’s criminal specifically focus on cruelty to ani- Exploratory/curiousity-based ani- records for all of these individuals, mals as part of this process, it is often mal abuse: Children in this category noting four categories of criminal a potential feature of the process at would likely be of preschool or early offense. Abusers were more likely to several stages, especially in the initial elementary school age, poorly super- have been arrested for violent (37 “brutalization” stage. vised, and lacking training on the percent), property-related (44 per- physical care and humane treatment cent), drug-related (37 percent), and of a variety of animals, especially fam- public disorder (37 percent) offenses Research with ily pets and/or stray animals and than were nonabusers (7 percent, 11 wildlife in the neighborhood. Humane percent, 11 percent, and 12 percent, Nonclinical, education interventions are likely to respectively). The difference between be sufficient to produce desistence of abusers’ and nonabusers’ percent- Noncriminal animal abuse in these children. It ages was significant (p<.0001) for all should be noted that age alone should four types of offenses. Samples not be the determining factor in Information in a recent U.S. Research on the relation between ani- including children in this category. Department of Justice report (Office mal abuse and forms of human vic- For example, CD symptoms may have of Justice Programs 1998) ties animal timization in nonclinical samples is an early developmental onset and, as abuse to other criminal activity. Sam- also beginning to emerge. Flynn noted earlier, cruelty to animals is pling 625 women and 168 men who (1999a) surveyed 267 university stu- one of the earliest CD symptoms to were victims of stalking, the results of dents (68.4 percent were women) be noted by caretakers. the survey noted that 9 percent of the about their personal history of abus- women and 6 percent of the men Pathognomonic animal abuse: Chil- ing animals and then asked them if reported that stalkers had killed or they endorsed the use of corporal pun- dren in this category are more likely threatened to kill family pets (ibid., to be older (though, as noted above, ishment in child rearing and if they 13). These estimates of pet abuse condoned a husband slapping his wife. not necessarily) than children in the should be viewed as lower limits since exploratory/curious group. Rather Of the men, 34.5 percent admitted to it can be assumed that not all partic- at least one incident of animal abuse than a lack of education about the ipants were pet owners. This provides perpetrated during childhood; for the humane treatment of animals, psy- another example of animals endan- chological malfunction varying in gered by human interpersonal threats women that figure was 9.3 percent. severity may be the root of these chil- and violence. Flynn found that participants who had dren’s animal abuse. For example, Clearly, more detailed research is abused animals had more favorable childhood animal abuse may be abuse- needed to understand how exposure attitudes toward the use of corporal reactive behavior tied to childhood his- to or perpetration of cruelty to ani- punishment in child rearing. Those tories of physical abuse, sexual abuse, mals may interact with other physio- abusing animals were more likely to

Cruelty to Animals: Changing Psychological, Social, and Legislative Perspectives 45 approve of a husband slapping his wife the first empirical study appeared abused (33.3 percent) than women (15.6 percent) than were those who whose specific aim was to assess the whose pets had not been abused did not report abusing animals in prevalence and forms of animal (15.8 percent). childhood (5.4 percent). abuse in the context of human do- Flynn also found that 40 percent of In a parallel study, Flynn (1999b) mestic violence. women whose pets had been abused examined the relation between perpe- Ascione (1998) enlisted the aid of a had delayed seeking shelter out of trating animal abuse and being a vic- domestic violence shelter to interview concern for their pets’ welfare and tim of parental corporal punishment. thirty-eight women who had recently safety. In five of these eight cases, the Participants were those studied in entered the shelter to escape vio- delays exceeded two months. These Flynn (1999a). He found that the fre- lence. The women were asked about findings support those of Ascione quency of being spanked by fathers pet ownership, whether their pets had (1998) and confirm that worrying was positively related to the partici- been threatened or harmed by the about their pets is a significant obsta- pants’ perpetrating animal abuse, but batterer, and the possible effects of cle for women who are trying to leave this relation only held for men in the pet abuse on women’s decision mak- batterers. It is encouraging that pro- sample. As noted by Flynn, “Nearly 60 ing about leaving batterers. Twenty- grams designed to remove this obsta- percent of male respondents who two of the 38 women had children, cle, by sheltering pets for women who were physically punished as teens and the women were asked if their are battered, are becoming more by their fathers perpetrated animal children had abused animals. common (Ascione et al. 2000). These abuse, compared with 23 percent who Parallel to national data on pet programs represent an innovative were not hit as teens by their fathers” ownership in American families with form of collaboration among domes- (977). children, 74 percent of the women tic violence, animal welfare, and vet- These two studies by Flynn clearly interviewed by Ascione reported own- erinary medical professionals, as well bring the issue of animal abuse into ing a pet or having owned one in the as members of the lay community, to the sociological research realm of fam- past twelve months. Threats or actual address a human and animal safety ily violence. The studies also illustrate harm to pets was reported by 71 per- and health problem. that animal abuse–family violence cent of these women, and 57 percent Assessing animal abuse in the con- associations are not limited to clinical reported that their pets had been text of domestic violence is likely to samples or samples of adjudicated ani- hurt or killed by their adult partner. become more systematic as other mal abuse–family violence offenders. Thirty-two percent of women with forms of overlap (e.g., that between children reported that one of their child abuse and domestic violence) children had hurt or killed pets. are more carefully examined. Flynn’s Animal Abuse One of the other disturbing find- study (2000a) hints that the time is ings of this study was that 18 percent ripe for a larger-scale study examining and Domestic of women reported that they had the confluence of animal abuse, child delayed entering the shelter out of maltreatment, and domestic violence. Violence concern for their pets’ welfare. The The last three decades of the twenti- level of animal abuse in these homes eth century also witnessed a dramatic was unexpected, as was the discovery Cruelty to refocusing of attention on the problem that pet welfare was a significant of domestic violence. The publication issue for some women in their deci- Animals and of books, monographs, articles, and sion to leave batterers. government studies provided needed That these findings were not idio- Elder Abuse depth to our understanding of inti- syncratic to the particular sample of mate violence in families. Once again women studied was confirmed in a and Neglect companion animals did not escape replication conducted by Flynn In the last decade, reports of cruelty the terror present in some homes. (2000b). He interviewed forty-three to animals within the context of elder Most of the information available women, all of whom owned pets, who abuse and neglect have also begun to about pet abuse in families experienc- had entered a shelter in South Caroli- emerge (Rosen 1995; National Com- ing domestic violence took the form na for battered women. Flynn found mittee for Prevention of Elder Abuse of anecdotal reports, often used to that 46.5 percent of these women 1997; Cooke-Daniels 1999). Such illustrate the callous violence perpe- reported that their pets had been connections can parallel those seen trated by some batterers. In addition, threatened or harmed. Although only in domestic violence. They can also Ascione et al. (1997) found that the two women reported that their chil- take the form of economic exploita- majority of domestic violence shelters dren had also abused pets, women tion of the elderly through threats of may not ask women about their whose pets had been abused were harm to or denial of care for pets of experiences with pet abuse. How- more than twice as likely to report the elderly. All forms of elder abuse ever, it was not until 1998 that that their children had also been tend to be under-reported, and very

46 The State of the Animals: 2001 little empirical data have been gath- the United States (HSUS) found that killing of a dog by four teenagers ered on cruelty to animals in this con- 42 percent of respondents believed served as the centerpiece of an hour- text, but professionals in both adult cruelty to animals to be moderately long British Broadcast Corporation/ protective services and animal protec- to extremely serious as a problem in Arts and Entertainment Network doc- tion have begun to address this con- this country, compared with 61 per- umentary, The Cruelty Connection, nection through training and com- cent responding in this way to envi- which aired in the United Kingdom, munity collaboration. Growing atten- ronmental issues and 78 percent to the United States, and Australia. tion also is being given to the suffer- child abuse. Of those surveyed, 71 per- ing of animals and people that can cent supported making animal abuse result from the hoarding of large a felony, and 81 percent felt that the Legislative numbers of animals by individuals, enforcement of cruelty-to-animals often older women (Lockwood 1994; laws should be strengthened. Respon- and Law Patronek 1999). This form of cruelty dents were equally divided about the to animals has received little atten- primary reason for their concern. Enforcement tion in the psychiatric literature but About one-third said the main reason is increasingly being recognized as a to take cruelty to animals seriously Responses serious concern for both human and was that intentional harm to animals animal welfare agencies (Frost 2000). was simply wrong, while an equal to Cruelty number said that their main concern to Animals was that such cruelty was predictive Society’s response to cruelty to ani- Societal or indicative of other forms of vio- mals is also reflected in the laws that lence against people. are enacted to respond to the prob- Concerns and Another measure of the widespread lem and in the level of enforcement of interest in and concern about cruelty those laws. As of July 2000, thirty-one Responses to animals is the growing media atten- states had enacted felony–level provi- to Cruelty tion devoted to high-profile cases. sions within their cruelty to animals The March 2000 killing of a woman’s codes, a dramatic rise from less than dog by an individual who pulled the a decade ago (see Figure 1). This is in to Animals dog, Leo, from the woman’s car and In addition to an increase in attention addition to the forty-three states that threw him into traffic attracted inter- to cruelty to animals from the scien- treat dogfighting as a felony offense national coverage and offers of rewards tific community in the last decade, the and thirteen in which cockfighting is that exceeded $110,000 (Kalfrin general public has expressed growing a felony. Such provisions reflect both 2000). The story of the killing of more concern about the issue, both for its societal pressure to respond to cruel- than a dozen cats in an Iowa animal effects on animals and its implica- ty to animals and legislative willing- shelter by three teenagers drew more tions for human safety. A December ness to accommodate this demand. mail to People magazine that any 1996 survey of 1,008 American While animal neglect continues to be other story except the death of the households conducted by Penn and a misdemeanor crime, most of these Princess of Wales (Jewel and Sandler Schoen for The Humane Society of laws recognize extreme forms of mali- 1997). Similarly, the 1998 torture/ cious animal abuse or torture as crimes that transcend the simple destruction of property and fall in the ranks of violent crimes whose perpetrators need special attention. Severe, intentional animal abuse has increasingly been viewed as symptomatic of mental disorder. State laws have reflected this viewpoint in requiring or recommending psychological assessment and treatment for those convicted under these laws. Since 1998 California has required such assessment in all cruelty-to-animals convictions. Colorado law requires assessment and recommends treatment; New Mexico mandates counseling in cases of animal abuse by juve-

Cruelty to Animals: Changing Psychological, Social, and Legislative Perspectives 47 niles and recommends it for adult texts (Davidson 1998; LaCroix 1998; offenders. In the last decade, more Lockwood 1999; Frasch et al. 2000). Cruelty than a dozen other states have added It has also been reviewed in material counseling and treatment as a sen- provided to all chiefs of police (Lock- to Animals tencing option within their cruelty-to- wood 1989) as well as material used animals codes. in the training of newly appointed and Human Although the need for assessment juvenile prosecutors (American Prose- Violence: and treatment for cruelty-to-animals cutors Research Institute 1999). offenders is increasingly recognized, Recent trends in the juvenile jus- Future Needs the small number of such referrals in tice system resonate well with grow- the past has prevented the developing recognition of cruelty to animals and Directions ment and evaluation of appropriate as an early warning sign of the poten- There are many unanswered and assessment and treatment protocols. tial for criminal or antisocial behav- unasked questions in the study of cru- Several assessment tools and treat- ior. The model increasingly applied in elty to animals and other violence, as ment approaches have been suggest- the case of young or first-time offend- well as obstacles that need to be over- ed (Boat 1999; Jory and Randour ers is that of “balanced and restora- come in the search for answers. We 1999; Lewchanin and Zimmerman tive justice,” or BARJ (Office of hope that the coming years will see 2000; Zimmerman and Lewchanin Juvenile Justice and Delinquency increased attention in the following 2000). Existing mandated treatment Prevention 1998). The BARJ model five areas. protocols for juvenile or adult sex attempts to steer away from conven- offenders or batterers may be appro- tional interventions that are purely 1. The Ecology of priate for only a small segment of ani- punitive. Programs based on this Violence against Animals mal abusers and are clearly not appro- model seek simultaneously to address Because cruelty to animals has tradi- priate for convicted offenders in cases the needs of the victim, hold perpe- tionally been seen as a minor crime, involving extreme neglect or hoarding. trators accountable for their actions, basic quantitative information as to In states where assessment and/ and address the gaps in the compe- the nature and extent of serious cruel- or treatment of cruelty-to-animals tencies of the perpetrator that may ty to animals has been limited. Good offenders is mandated, particularly have contributed to the offense. The criminological analysis can begin with California, judges and prosecutors model also emphasizes making use of a solid “victimology,” or reporting of have begun to seek out mental- a variety of community resources to exactly what has been done to ani- health-care providers who have knowl- respond to each of these require- mals and by whom. Vermeulen and edge of the dynamics of cruelty to ani- ments. This approach is consistent Odendaal (1993) and Arluke et al. mals. To meet this need, in 1999 the with the growing use of animal- (1999) have provided important first Mental Research Institute (MRI) and oriented programs targeting youthful steps in remedying this gap. Further The HSUS began providing training in offenders or those at risk of becoming progress will depend on standardized this area for such professionals and violent perpetrators. Structured expe- reporting and tracking of cruelty-to- made lists of professionals with an riences with animals, such as learning animals cases around the country. interest in taking on such cases avail- humane dog-training techniques, are Many key questions remain. able to the appropriate court author- being incorporated into a variety of What is the true incidence and ities (Loar 2000). programs designed to enhance empa- prevalence of various forms of animal As laws dealing with animal abuse thy and build nonviolent competen- abuse and neglect? have been strengthened over the last cies (Duel 2000). Such programs have How does this victimology vary for decade, law enforcement officials not, as yet, been evaluated for their different kinds of animals (e.g., by have given greater attention to such long-term effectiveness compared with species, as well as other factors, such cases. There is, as yet, no established other traditional approaches (e.g., as owned versus stray, wild versus national system for tracking the inci- “boot camp”), but they provide unique tame versus domestic)? dence of and law enforcement opportunities to incorporate humane What are the demographic attri- response to crimes against animals, values into broader programs for vio- butes of the offenders and the frequen- so we can offer no quantitative assess- lence prevention. cy and severity of their acts? ment of the number of cruelty-to-ani- How do these demographics (age, mals cases being charged. However, sex, culture, residence, family size and there are several indicators of grow- structure, and criminal history) inter- ing interest in the connections act with victimology? For example, between cruelty to animals and its how closely do the actions of female association with other forms of vio- offenders resemble those of the far lence. This link has been addressed in more prevalent male offenders? several recent law review articles and How does the victimology and

48 The State of the Animals: 2001 offender profile of intentional abuse the killer’s own dog, a parent’s or of or desensitization to such violence? differ from that of neglect or passive sibling’s dog, a stray dog, a newborn How does the real or symbolic sexu- abuse or abandonment or hoarding? puppy, or an aggressive animal that al role of animals influence the form of Are these differences relevant in pre- has bitten the perpetrator. The inci- abuse that might be perpetrated? How dicting the likelihood of future dent may have different significance if prevalent is the direct sexual abuse of involvement in violence? the offender is alone or in a group; is animals among violent offenders? What are the trends in cruelty-to- a six-year-old, a twelve-year-old, or an animals cases (frequency, severity, adult; or if it is the first, third, or 3. Animal Abuse and chronicity, offender demographics) twentieth such incident. Domestic Violence within specific reporting areas? Are What critical incidents may be relat- such cases becoming more frequent, Animal abuse that takes place in the ed to the earliest expressions of vio- context of domestic violence presents more severe, or more likely to involve lence? What is the influence of the younger perpetrators? several compelling opportunities for response of parents, peers, and sib- research. One would evaluate the ani- What is the extent of overlap with lings to these events? records of other known violent offens- mal sheltering programs being devel- What is the trajectory of the developed for women who have left their es, particularly interpersonal violence, opment of interpersonal violence that including child abuse, domestic vio- homes to seek shelter. Another would incorporates cruelty to animals? How replicate research on battered lence and elder abuse? often is animal abuse truly predictive What is the outcome of animal-abuse women’s experiences with animal of escalation? If violence has already abuse but would include assessment and -neglect cases that are reported progressed to serious or lethal levels, and enter the criminal justice system? of the batterers’ reports. A third how often do offenders “regress” to would assess the animal-abuse experi- What proportion are dealt with violence against animals? through education, diversion, or ences of women who are battered but How important are frequency, who have not decided or been able to other alternative mechanisms? Are severity, and persistence of cruelty to cases handled differently by the juve- leave their batterer. animals as indicators of cruelty that Programs are proliferating to shelter nile court system and by the adult represent a true potential for progres- courts? Does the inaccessibility of the pets of battered women who have sion rather than a stage of experimen- juvenile court records prevent the left home to seek safety elsewhere. In tation with power and control? effective assessment of the predictive the limited experience with such pro- What factors are present when cru- value of tracking cruelty to animals? grams, little attention seems to be elty to animals stops altogether or given to collecting data on their imple- 2. The Developmental does not escalate to other forms of vio- mentation, use, and evaluation. A stan- lence? If we recognize that many indi- Dynamics of Cruelty dard protocol would not only be useful viduals might engage in some acts for the programs already established to Animals and of intentional animal abuse without but could also assist in the planning Human Violence progressing to other antisocial acts, and development of new programs. it becomes essential to identify the Such a protocol should include If we are to use the connections sources of stability and resilience between cruelty to animals and other basic questions: (internal, familial, or societal) that What types and numbers of animals forms of violence in a meaningful way have prevented such a progression. to predict and/or intervene in the are being boarded? These sources include parental What is the condition of animals progression of violence, we need a response to early cruelty; interven- much clearer picture of the place of brought to the shelter? Was the ani- tion by school, social service, or law mal directly threatened? Was the ani- animal abuse in the patterns and pro- enforcement authorities; and mental- gression of violence. Most of our mal actually abused? If so, how and health interventions. by whom? understanding of this connection has What physiological, neuropsycholog- come from retrospective analysis of Was the purpose of boarding the ani- ical correlates of cruelty to animals mal explained to the children (if individuals or families in which seri- might exist that relate to other possible ous human violence has already taken applicable)? Did the woman leave correlates of antisocial behavior (such home in order to live with others place. Far more attention is needed to as thrill-seeking or low responsive- identify normal versus pathological (friends, relatives), was she entering a ness to stressful situations)? shelter for battered women, or was pathways involving participation in or What is the role of external influ- witnessing the mistreatment of ani- she remaining at home but obtaining ences (drugs, alcohol) in the initiation a protective order against her partner? mals. Future study may address a of violent incidents against animals range of questions. What was the length of time the ani- and others? mal was boarded? What was the dis- What are the underlying dynamics What is the role of exposure to media of the victimology? The killing of a dog position of the case? and video-game violence against ani- Did the batterer make contact with may have different significance if it is mals and others in promoting imitation

Cruelty to Animals: Changing Psychological, Social, and Legislative Perspectives 49 the animal shelter while the animal Were these pets the woman’s, the part- with frequency of filing by other man- was boarded? If so, what was the ner’s, mainly the children’s, or truly dated reporters? nature of the contact? Did the bat- family pets? If few reports are being made by terer try to retrieve the animal while What factors have influenced the well-trained reporters, what are the it was at the shelter? If so, how was woman’s decision to stay or leave obstacles to such reporting? this handled? (e.g., personal welfare, children’s wel- Did the woman ask to visit the ani- fare, economic issues, religious rea- 5. Prevention and mal while it was being sheltered? If so, sons, animal welfare)? Intervention/Treatment how was this arranged? How often did Has the woman ever told her part- The core assumption of many of the it occur? ner she was thinking of leaving? His efforts against violence is that earlier Research on domestic violence has reaction? Has she ever made an detection of predispositions for vio- begun to focus on characteristics of attempt to leave that was aborted? lence will give the best opportunity batterers, especially as a method for Why? Has she ever called a women’s for meaningful intervention. Howev- developing typologies of batterers. shelter or domestic violence (DV) cri- er, the lack of any standardized pro- These efforts are often directed at sis line? Why? grams for assessment and interven- matching “types” of batterers with Has she, the children, or others ever tion has left this concept untested. “types” of interventions. Most of our called police to report a DV incident? What types of cruelty-to-animals information about animal abuse in What was the outcome? offenses constitute the most significant domestic violence situations has been Have the children ever tried to pro- warnings that intervention is needed? derived from victims’ (women’s) tect her? A sibling? A pet? Is it more cost-effective or produc- reports. It is important to assess the If she did leave (but did not enter a tive to target at-risk groups at a young batterers’ perceptions of animal shelter) what factor(s) prompted this? age rather than active offenders? abuse as well. One approach would What is her knowledge of the part- Which interventions are most effec- replicate two studies of women who ner’s history (as child, adolescent, tive in deterring violent behavior (e.g., are battered (Ascione 1998 and Flynn and adult prior to this relationship) of pairing offenders or high-risk individu- 2000b) with the addition of inter- animal abuse? als with nonviolent or humane men- views with the batterers. Another Have other adults (e.g., partner’s tors, formal instruction in nonviolent study would interview both partners friends) ever been involved in her skills or humane attitudes)? to assess, for example, the concor- abuse? How important are opportunities dance (or lack thereof) of their reports for undoing harm or being confronted on incidents (frequency, severity) of 4. Social-Service by victims in structuring effective animal abuse. Questions about moti- Responses to Cruelty interventions? vations for and judgments of serious- How important is it for animals to ness of animal abuse could be includ- to Animals be involved in prevention and intervention programs? Can nurturing and ed. If the animal abuse occurred in Humane organizations have made sig- other prosocial skills be taught in the presence of children, the batterer nificant inroads in alerting social-ser- other ways (such as gardening pro- could be asked about his perception vice agencies to regard cruelty to animals as a form of family violence that jects) (Rathmann 1999)? of the effects of such witnessing on When is the use of animals in thera- his children’s welfare. can be both indicative and predictive of other violence. Although only Cali- py inadvisable? Are there patterns Most of the research on domestic of violent history that should not be violence has studied women in shel- fornia formally includes animal control officers and state humane officers addressed through animal-assisted ters for battered women. Less is therapy or animal-assisted activities? known, however, about women who among mandated reporters of child abuse, many other communities are What are the best short- and long- remain with their batterer and term attitudinal and behavioral mea- women who are in the process of providing for the cross-training of animal-abuse and child-abuse investiga- sures of successful intervention in deal- deciding whether to stay or leave. ing with animal-abusing populations? This latter group would be a logical tors or are including humane society audience for information campaigns representatives in local coalitions about animal sheltering options and against violence. To maximize the information about the significance effectiveness of these bridges between Looking Out of animal abuse as an indicator of animal- and human-welfare advocates, we need more information about for Our Future danger (and as a potential symptom Answers to these questions will require of children’s psychological distur- these cooperative efforts. How frequently are child-, elder-, or the cooperation of individuals and bance). The following issues need to agencies from many different disci- be assessed: domestic-abuse reports filed by humane officers? What proportion are plines. They will also require a truly How many and what types of pets prospective approach, identifying indi- are involved currently and in the past? validated, and how does this compare

50 The State of the Animals: 2001 viduals who are involved in cruelty to American Prosecutors Research Insti- Ascione, F.R., C.V. Weber, and D.S. animals at the earliest possible age or tute (APRI). 1999. Jumpstart: Wood. 1997. The abuse of animals stage and tracking the influences that Resource Manual for Newly and domestic violence: A national prevent or promote the escalation to Assigned Juvenile Prosecutors. survey of shelters for women who other forms of violent behavior. Cruel- Alexandria, Va.: APRI. are battered. Society and Animals ty to animals must be taken seriously American Psychiatric Association 5: 205–18. as a problem in its own right, indepen- (APA). 1994. Diagnostic and Statis- Athens, L. 1992. The creation of dan- dent of what it may tell us about the tical Manual of Mental Disorders gerous violent criminals. Urbana, potential for human harm. (fourth ed.). Washington, D.C.: APA. Ill.: University of Illinois Press. Violence makes victims of us all. 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Cruelty to Animals: Changing Psychological, Social, and Legislative Perspectives 53

Social Attitudes and Animals 3CHAPTER

Harold Herzog, Andrew Rowan, and Daniel Kossow

Introduction nder the headline “Concentra- decreased reliance on animal testing Ideally, questions should be phrased tion Camp for Dogs,” Life mag- of consumer products, a decline in to minimize bias. For example, in a Uazine published in 1966 a dra- acceptance of the fur trade, and a 1992 survey sponsored by Reader’s matic photograph of an emaciated dramatic increase in the number of Digest, more than a thousand adults dog (Wayman 1966). The accompany- Americans who are members of ani- were asked how they felt about the ing article, a harrowing depiction of mal protection organizations. statement, “It is wrong to use animals the lives of research animals, provoked This chapter is an overview of the in laboratory experiments for medical a public outcry over the use of pound attitudes of Americans toward the research.” The results indicated that animals in research. The result was a treatment and moral status of nonhu- 31 percent of the respondents deluge of mail to Congress, which sub- man animals. We discuss problems of opposed animal research to some sequently passed the Laboratory Ani- attitude assessment, the social degree (Roper Center 1992a). A sim- mal Welfare Act, the first federal legis- psychology of attitudes toward ani- ilar survey commissioned by Parents lation directed at improving the lot of mals, and the complex relationship magazine, however, produced quite animals used in research. between attitudes and behavior. We different results (Roper Center As we enter the new millennium, also review changes in attitudes 1989a). It asked one thousand adults, our collective views on the treatment toward animals over the past fifty “If the only way we could find a cure of animals continue to influence pub- years and current public opinion for AIDS would be by using animals as lic policy. In the United States, how- regarding a variety of issues related to research subjects, would you favor or ever, public opinion regarding the sta- animal welfare. oppose this kind of research.” When tus of nonhuman animals is divided. the animal research question was Animal activists aggressively argue phrased this way, the proportion that activities such as the use of ani- Measuring opposing the use of animals for this mals in scientific research and the research dropped to 15 percent. consumption of animal flesh involve Attitudes In some cases, particularly when a considerable animal suffering and are The assessment of attitudes is com- survey is commissioned by an advoca- unethical. A substantial number of plex. Any attempt at assessment must cy group, questions are apparently Americans are just as adamant in deal with two fundamental issues: designed to skew the responses in opposing those views. While there what to ask and whom to ask. favor of the position held by the orga- does not yet seem to be a society-wide nization. A 1990 survey commis- consensus regarding the moral status sioned by the National Shooting of animals, it is clear that significant The Questions Sports Foundation, a pro-hunting shifts in public opinion have taken group, asked, “Certain animal rights place during the last twenty-five Asked groups want a total ban on all types of years. Changing attitudes in favor of One of the biggest problems faced by hunting. Do you strongly support this greater protection for animals have social scientists interested in assess- goal, somewhat support the goal, resulted in the enactment of legisla- ing public opinion on controversial somewhat oppose this goal, or strong- tion such as the Animal Welfare Act, issues is how to word the questions. ly oppose this goal.” Only 21 percent

55 of the one thousand respondents and “thinking” types. While these commission an organization such as were either strongly or somewhat results were statistically significant, ICR Survey Research Group, the Gal- opposed to hunting; 57 percent said all the variables combined accounted lup Organization, or Louis Harris and they approved of hunting (Roper Cen- for less than 10 percent of the total Associates to conduct a public opin- ter 1990). In contrast, when asked in variation in views about animal wel- ion survey. These polls are typically a 1991 poll by the position-neutral fare. The authors concluded that conducted by telephone and have the Princeton Survey Research Associ- their study actually demonstrated advantage of being based on large ates, “Do you think that hunting ani- that attitudes toward animal research probability samples of adult Ameri- mals as a sport is morally right or are generally not highly related to cans (usually about a thousand) rath- wrong,” a minority (33 percent) felt other variables. er than on potentially biased groups hunting was morally right; 56 percent Some researchers have focused such as college students or hunters. felt it was morally wrong (Princeton their attention on the attitudes of On the other hand, the level of assess- Survey Research 1991). specific interest groups rather than ment of specific issues may be super- on those of college students. They ficial, because items related to the have studied hunters and birders treatment of animals are often limit- The Sample (Kellert 1996), animal activists (Plous ed to only a few questions imbedded 1991; Richards and Krannich 1991; in a host of political and demograph- Surveyed Jamison and Lunch 1992; Galvin ic questions. Much of the research on attitudes and Herzog 1998) and psychologists One problem with data gathered by toward animal welfare has been con- (Plous 1996a). Plous’s survey is a professional polling organizations is ducted using the most convenient sub- good example of this type of research. that they are often difficult to locate jects available to social scientists— Plous randomly sampled five thou- or are not made available to research- college students. Many of these studies sand members of the American Psy- ers. Brief summaries usually lacking have focused on the relationship chological Association. Eighty percent essential background information between attitudes toward animal of the 3,982 psychologists who re- may appear in daily newspapers or welfare and other variables such as sponded supported animal research; trade publications, or the results may gender, personality, and social/politi- only 14 percent opposed it, but the not be published at all. Fortunately, cal dispositions. Typically, attitudes level of support depended strongly on a good deal of this information is toward animals in these studies are the type of research in question. available (for a fee) via the Internet assessed by multi-item questionnaires There was, for example, greater sup- through the Roper Center for Public such as the Animal Research Survey port for research involving rats or Opinion Research at the University of (Takooshian 1988), the Animal Atti- pigeons than for that involving pri- Connecticut. The Roper Center is a tudes Scale (Herzog et al. 1991) and mates or dogs. The margin of support nonprofit, nonpartisan organization the Scale of Attitudes toward the declined substantially if the research that provides access to more than ten Treatment of Animals (Bowd 1984). involved pain or death and/or the use thousand survey files covering more An example of this type of research of primates. Only 10 percent of the than 275,000 questions dating back is a study by Broida et al. (1993). psychologists claimed that they used to the 1930s. Dozens of these items They gave approximately a thousand the findings of animal research in deal with animal welfare issues rang- college students Takooshian’s 1991 their own work frequently, whereas ing from the transplantation of anmal Animal Research Survey, along with a about 60 percent indicated that they organs into humans to the concerns personality test (the Myers-Briggs rarely or never used the results of of fur-coat owners about harassment Personality Type Inventory), the Bem anmal research. Male psychologists by animal activists (Herzog and Dorr, Sex Role Inventory, and other instru- were more likely to support animal in press). ments designed to measure various research than were female psycholo- Another valuable and easily accessi- social attitudes. The attitudes mea- gists, and recently graduated Ph.D.s ble source of information about pub- sured included political and religious were less supportive of animal re- lic opinion concerning animals is ideologies, faith in science, asser- search than were older respondents. the General Social Survey (GSS). The tiveness, and beliefs about abortion. Ironically, perhaps the best infor- GSS is based on a probability sample The results indicated that pro-animal mation on American public opinion of adults in the United States and research attitudes were associated concerning attitudes toward animal is conducted on a regular basis by with conservative political ideology, welfare is the least known—it is found the National Opinion Research Cen- religious fundamentalism, and less in polls conducted by professional ter. The GSS contains hundreds of empathy for animals. Attitudes to- polling organizations. In many cases questions assessing demography and ward animal research were related to a trade group (e.g., the American social/political attitudes. Statistical personality type; “intuitive” and “feel- Medical Association or the National techniques such as multiple regres- ing” types were more likely to oppose Shooting Sports Foundation) or a sion can be used to analyze clusters of animal research than were “sensing” magazine or news organization will attitudes. In 1993 and 1994, several

56 The State of the Animals: 2001 animal-related questions were includ- fewer than 5 percent of Americans C model. Emotion, behavior, and cog- ed in the GSS. One of these dealt with listed hunting.) But not all demo- nition work together in a consistent attitudes toward animal rights and graphic groups have shown a decline fashion. In reality, however, things are another with the use of animals for of interest in the sport. Women, for ex- rarely so neat. Take our collective be- medical testing. These two items have ample, are joining the ranks of hunters liefs about the moral status of ani- been used by researchers to examine in surprising numbers. Indeed, women mals. A 1995 poll sponsored by the the relationships between attitudes make up the fastest growing segment Associated Press found that two- about animal welfare and variables of the hunting community. thirds of Americans agreed with the such as gender, education, religiosity, Perhaps the most common para- statement, “An animal’s right to live and attitudes about science (Peek et digm for understanding the dynamics free of suffering should be just as al. 1996; Kruse 1999). of attitudes is referred to by social important as a person’s right to live psychologists as the A-B-C model. It free of suffering” (Roper Center posits that attitudes are the result of 1995a). A Princeton Survey Research Consistency three types of psychological proces- Associates survey conducted in 1994 ses: affective (or emotional), behav- with thirty-four hundred adults found of Attitudes ioral, and cognitive. These three often that 65 percent of respondents had One reason that attitudes toward work together, as they do in animal very favorable or mostly favorable animals are important is they are activism. Ethnographic studies (Sper- views of the animal rights movement related to action (Eagly and Chaiken ling 1988; Herzog 1993) have found (Roper Center 1994c). 1993). For example, Nickell and Her- that animal activists often go to great One might think that the United zog (1996) asked a sample of college lengths to bring their emotions, States is a nation of animal lovers— students to evaluate the effectiveness behavior, and thoughts into a coher- but how strong are these beliefs? of propaganda that either supported ent package. Americans consume animal flesh in or opposed animal research. At the Take the hypothetical case of Bill. ever larger quantities per capita. end of the experimental session, the His life is proceeding quite conven- While the consumption of red meat is students were offered the opportunity tionally until a friend passed him a down, having dropped roughly 8 per- to sign postcards addressed to their used copy of Peter Singer’s Animal cent between 1975 and 1995, the av- federal legislators that either sup- Liberation, often referred to as the erage American still eats an average ported or opposed the use of public Bible of the animal rights movement. of 170 pounds of beef and pork per funds for animal research. The stu- Bill reads the book and for the first year. The modest drop in red meat dents’ views of the effectiveness of the time begins to think about issues re- consumption has been more than materials significantly predicted which lated to the treatment of other spe- made up for by a dramatic increase in of the postcards they would sign. cies (the cognitive component). He the consumption of chicken—now The relationships between atti- also has a visceral reaction to some of between seven and eight billion chick- tudes and behavior are complex. Cer- Singer’s descriptions of the treat- ens are killed each year. Only about 2 tainly some aspects of the behavior of ment of animals on factory farms (the percent of Americans are “true” vege- the American public have changed emotional component)—so much so tarians (Rowan and Shapiro 1996), as a result of increased awareness of that he sends $50 to an animal rights and many of these say that their diet anmal welfare issues. Nearly half of organization (the behavioral compo- is the product of their health con- adult supermarket shoppers in two nent). Now that he is on that organi- cerns rather than a reflection of a thousand households surveyed by the zation’s mailing list, Bill is deluged moral stance (Amato and Partridge Food Marketing Institute in 1994 said with brochures and solicitations from 1989; Rozin et al. 1997). (When asked they had refused to buy products in all sorts of animal protection groups. in a 1995 Louis Harris poll what they which the ethical treatment of ani- Through them, he learns more about intended to eat as a main course for mals had been called into question the treatment of animals on factory Christmas dinner, only 1 percent of (Roper Center 1994a). farms and in research labs (at least adults indicated a vegetarian dish— However, we must be careful with from an animal activist’s perspec- Roper Center 1995b). generalizations about animals, atti- tive). His behavior changes further; A question in a 1993 poll commis- tudes, and social behavior. Polls show he puts an animal rights bumper sioned by the Los Angeles Times ex- that Americans as a group are more sticker on his car, changes his diet, emplifies the contradictions charac- sensitive toward the ethical issues and begins showing up at demon- teristic of public opinion surveys raised by sport hunting than they strations. As one activist put it, “The about animals and ethics (Balzar were in the past. (This is evidenced by more my ideas changed, the more 1993). When asked, 47 percent of re- a steep drop in the number of sport my behavior changed. And the more spondents indicated that they agreed hunters in the United States between my behavior changed, the more my with the statement “animals are just 1965 and 1995. When asked in 1995 ideas changed.” like people in all important ways.” to list their favorite leisure activities, Bill’s case nicely illustrates the A-B- The sample was almost exactly evenly

Social Attitudes and Animals 57 split, and very few people were unde- life, they can affect responses on ciation asked fourteen hundred re- cided. Herzog (unpublished) recently opinion polls. Public opinion polls spondents to rank the importance of used this question to examine consis- about the use of animals in research twelve issues facing the country. Edu- tency in beliefs about the use of ani- largely reflect these “non-attitudes.” cation was at the top of the list and mals in research among college Take the hypothetical case of Sally finding cures for fatal diseases was students. One hundred and two stu- who loves her cat, Millie, but who gen- ranked third. The treatment of ani- dents were given a survey that includ- erally spends very little time actually mals came in last (American Medical ed the question, along with ten other thinking about animal welfare, moral Association 1989). A 1987 poll com- questions related to the ethics of ani- philosophy, and public policy. One missioned by Rolling Stone magazine mal research taken from national evening she is called by a telephone asked 816 randomly selected Ameri- public opinion polls. Just as in the pollster. The pollster asks if she cans between the ages of eighteen Los Angeles Times sample, 47 percent strongly agrees, agrees, disagrees, or and forty four to name two or three agreed with the “just like humans” strongly disagrees with the statement causes that they would like to work statement. However, half of the stu- “animals and people should have the for. Only 7 percent mentioned animal dents who said that animals were same basic rights.” She glances at rights—about the same number that “just like humans in all important Millie and replies, “Strongly agree.” indicated that they would like to work ways” were in favor of animal re- As the pollster records her answer on for the mandatory teaching of cre- search, 40 percent supported the use his tally sheet, Sally goes back to what ationism in public schools (Roper of animal organs to replace diseased she was doing before the telephone Center 1987). human body parts, and half favored rang, dismembering a chicken car- We are not arguing that the animal experimentation on pound animals. cass for her family’s dinner. What rights movement has not had an Ninety percent of all the students allows Sally to believe in fundamental effect on our culture. When an opin- indicated that they regularly ate the rights of animals at the same time ion poll on animal research was con- beings that they claimed were “just that she eats them? ducted by the National Opinion like humans.” Just as Sally can profess a respect Research Center in 1948, only 37 per- What are we to make of these con- for animals even as she prepares one cent of approximately two thousand tradictions? How is it that in a nation for dinner, the public can demon- adults sampled had ever heard of where the overwhelming majority of strate an inconsistency in its opinion groups opposing the use of animals in individuals eat meat daily, more than on animal research. We believe there research (Roper Center 1948a). By two-thirds of the people claim to are several reasons why. First, the now, everyone is familiar with the ani- support the agenda of the animal moral status of animals is a complex mal protection movement, and refer- rights movement? issue, and many people are ambiva- ences to the animal movement are Attitudes have several dimensions, lent about it or simply do not care. much more common in the media including direction, complexity, and This is supported by data from the than they were thirty years ago. When strength. Strong attitudes are central 1994 GSS. When asked how they Yale University social scientist to who we are. They are the focus of felt about medical testing on ani- Stephen Kellert polled American atti- thought and emotion. They are typi- mals, only 20 percent of the respon- tudes toward wildlife in 1976, he cally embedded in a matrix of beliefs dents had strong opinions on the found that about 1.2 percent of Amer- and emotions and may be associated issue (that is, they either strongly ican adults (2 percent of female with profound behavior changes. In agreed or strongly disagreed with the respondents and 0.6 percent of male the extreme, these attitudes form a item). The majority had less strong respondents) were members of ani- coherent package that coalesces into feelings (they simply agreed or dis- mal protection groups. When a major ideology. This coalescence can be agreed) and about 15 percent had consumer corporation asked a similar seen in animal activists whose lives no opinion at all (Roper Center question in 1990, it found that 6 per- come to revolve around issues related 1994b). In contrast, 80 percent of cent of American adults claimed to to the treatment of other species. a sample of approximately two hun- be members of animal protection In contrast, many individuals have dred animals rights demonstrators groups and more than 20 percent said attitudes about animals that are surveyed by Galvin and Herzog they had contributed money to ani- peripheral and superficial. These (unpublished) at the 1996 March for mal protection. beliefs are variously called “non-atti- the Animals in Washington, D.C., It is clear that there have been tudes” or “vacuous attitudes” (Eagly expressed strong feelings about this changes in public opinion on animal and Chaikan 1993). They typically issue. (In nearly all cases, they strong- welfare issues in the last fifty years. have little coherence and emotional ly opposed animal testing). Perhaps the best example is provided resonance and may be simply a col- The fact is that the treatment of by an analysis of public attitudes lection of preferences and isolated animals is not an issue of high priori- toward the use of animals in biomed- opinions. While non-attitudes may ty to most people. A 1989 poll con- ical research. have little real salience in a person’s ducted by the American Medical Asso-

58 The State of the Animals: 2001 Table 1 Public Opinion on Using Nonhuman Animals in Research

Question Year % Supporting % Opposing

In general, do you favor or oppose the use of live animals in medical teaching and research? (Roper Center 1948b) 1948 85 8

Do you agree with the use of animals in experiments? (Baylor University, Center for Community Research and Development 1985) 1985 58.8 41.2

In general, do you support or oppose the use of animals in biomedical research? And do you feel strongly about that? (Roper Center 1989c) 1989 64 29

Should we continue to conduct tests on animals to aid medical research? (The University of North Carolina of Chapel Hill 1991) 1991 63 37

In general, do you support or oppose the use of animals in biomedical research? (If you support or oppose) Do you feel strongly about that? (Roper Center 1992b) 1992 63 33

In general, do you support or oppose the use of animals in biomedical research? Do you feel strongly about that? (Roper Center 1993) 1993 65 31

It is okay to perform medical tests on animals? (Survey Research Center of Maryland, College Park 1999) 1999 61.4 36.5

Table 2 Public Opinion on Using Nonhuman Animals in Painful and Injurious Research

Survey Statement: Scientists should be allowed to do research that causes pain and injury to animals like dogs and chimpanzees if it produces new information about human health problems.

Year Supporting plus Strongly Opposing plus Strongly Supporting Animal Research (%) Opposing Animal Research (%)

1985 63 30

1988 53 42

1990 50 45

1993 53 42

1996 50 45

National Science Board 1985–1998

Social Attitudes and Animals 59 Table 3 Public Opinion on Using Nonhuman Animals in Research for Specific Illnesses

Question Year % Supporting % Opposing

As you may know, many medical findings have been made using animal experiments. But some people question the need for animal experiments in some cases. Do you think it is necessary to use animals for

allergy testing? (Roper Center 1985a) 1985 61 27

some medical research, such as cancer, heart diseases, and diabetes? (Roper Center 1985b) 1985 81 12

There has been some controversy recently about the use of animals in medical research. If the only way we could find a cure for AIDS (Acquired Immune Deficiency Syndrome) would be by using animals as research subjects, would you favor or oppose this kind of research? (Roper Center 1989a) 1989 78 15

Do you favor or oppose animal testing on medical products used to combat serious illness? (Ward 1990) 1990 76 20

both known to affect public respons- medical interests to promote the im- Attitudes es. In the last ten to fifteen years, it portance of animal research and to appears as though public opinion of characterize all animal activists as, at toward Animal nonhuman animal research has been best, emotional Luddites, support for relatively constant, with approximate- animal research has remained stable. Research ly 60 to 65 percent of the public It could have declined further with- In the late 1940s, respondents were approving or accepting the practice out such vigorous pro-research PR. In asked, “In general, do you favor or and 30 to 40 percent opposing it. the United Kingdom in 1988, only oppose the use of live animals in med- However, since 1985 the National 35 percent of the public supported ical teaching and research.” Eighty- Science Board (NSB) “Science Indica- the NSB statement, and most Euro- four percent of the respondents tor” surveys have included the follow- peans have a more negative attitude approved of and 8 percent opposed ing statement: “Scientists should be about the use of animals in research animal research (Roper Center allowed to do research that causes and testing than do Americans (see 1948b). A poll conducted one year pain and injury to animals like dogs Pifer et al. 1994). later by the National Society for Med- and chimpanzees if it produces new While Tables 1 and 2 show the ical Research found that 85 percent information about human health decline in support for using nonhu- of the respondents approved and 8 problems.” The statement pointedly man animals in general, other surveys percent opposed the use of animals identifies the use of dogs and chim- have explored how particular varia- in medical research. As these polls panzees (very high-profile animals) in tions in the question might affect the show, fifty years ago, public opposi- research that causes pain or injury (a responses. Table 3 indicates that pub- tion to using nonhuman animals in high “cost”) but is offset by benefits lic concern appears to depend on the both medical teaching and research (information that can cure human perceived importance of the illness was extremely low. More recently, health problems). being studied. For example, within there has been a significant negative The results (Table 2) give us a clear the context of using nonhuman ani- shift in attitudes toward the use indication of public attitude trends of mals in biomedical research, there is of animals in research and testing the last fifteen years. Public support about a 20-percent difference in (see Table 1). of animal research has declined—and approval ratings between research on Table 1 indicates that compared it appears to have declined markedly illnesses perceived to be “life threat- with 1948 there is a significant mi- since the late 1940s, when questions ening” (such as cancer) and those nority of the public opposing animal asking about the use of dogs in med- perceived to be “non–life threaten- use in research and testing. The vari- ical research garnered support from ing” (such as allergies). ation in results probably reflects dif- 80 percent or more of the public. In As Table 4 demonstrates, the pub- ferences in the wording of the ques- the last decade, which coincides with lic’s concern over the use of animals tion and the context of the question, a much more active campaign by bio- varies depending on the type of ani-

60 The State of the Animals: 2001 mal. In the first poll, responses to a general question on animal welfare Table 4 show an evolutionary hierarchy of Animal-Related Hierarchy of Concern concern. Respondents were more than four times as concerned about Poll #1: General Welfare of Particular Animals dogs as they were about snakes. In the second poll, which specifically Type of Animal % Expressing Concern addressed the use of animals in Dogs 89 research, dogs were the most favored, Seals 85 while mice and rats were regarded as Whales/dolphins/porpoises 84 the most expendable. Table 5 also Horses 78 shows this hierarchy of concern for Birds 76 mice and monkeys. Cats 71 The results in Tables 4 and 5 are Farm animals 70 consistent with findings that the pub- Rabbits 67 lic weighs benefits and costs when Fish 64 determining whether nonhuman ani- Hamsters/guinea pigs/mice 34 mals should be used in research. The Frogs 33 more benefits perceived (in terms of Snakes 21 the importance of the disease and the magnitude of the human suffering Doyle, Dane, and Bernbach, Inc. 1983 caused by it), the more tolerant the public is of animal research. The Poll #2: Use of Particular Animals greater the perceived costs (in terms of animal suffering or the use of favored Type of Animal % Supporting % Opposing or familiar animals), the less tolerant Monkeys 59.5 34.5 the public is of animal research Dogs 51.3 43.1 (Aldhous et al. 1999). Cats 53.3 41.5 Table 5 provides direct evidence of Rats/Mice 76.1 18.5 this weighing of costs and benefits, albeit from a survey of British atti- The University of North Carolina of Chapel Hill 1989

Table 5 Public Opinion (United Kingdom) on Using Monkeys and Mice in Specific Research

Type of Research Monkeys are not Monkeys are Mice are not Mice are subjected to pain, subjected to pain, subjected to pain, subjected to pain, illness, or surgery illness, or surgery illness, or surgery illness, or surgery (% approving) (% approving) (% approving) (% approving)

To ensure that a new drug to cure leukemia in children 75 52 83 65 is safe and effective

To develop a new vaccine against the virus that causes AIDS 69 44 77 57

To ensure that a new painkilling drug is safe and effective 65 35 74 47

To enable scientists to study how the sense of hearing works 56 21 70 36

To test whether an ingredient for use in cosmetics will be harmful to people 30 6 38 12

Aldhous et al. 1999

Social Attitudes and Animals 61 Table 6 Opinions of American Psychological Association Members and Psychology Students Concerning Use of Animals for Specific Research Procedures

Type of Research APA Members Psychology Students % Supporting % Supporting

Observational studies Primates 96.0 94.8 Dogs 89.4 91.0 Pigeons 86.1 89.4 Rats 87.3 91.2

Research involving caging Primates 63.0 57.7 or confinement Dogs 63.4 57.7 Pigeons 73.8 71.3 Rats 77.2 79.6

Research involving pain and death Primates 17.7 10.3 Dogs 18.8 9.4 Pigeons 29.6 21.6 Rats 34.0 29.1

Plous 1996a,b tudes to animal research. (Note: Brit- how the public views certain types of question was weighted with specific ish attitudes to animal research are animal research when different costs benefits accruing from the research. more negative than American atti- are involved. The poll focused exclu- The poll asked half of a sample of tudes.) The public is more supportive sively on studies using either mon- 2,009 adults simply whether they of painful research on mice than on keys or mice and included a specific agreed or disagreed that scientists monkeys. The British journal New variable: the amount of harm done to should be allowed to experiment on Scientist published on May 22, 1999, the animal. It also tested the level of animals (the “cold-start” version). the results of a poll that looked at support for animal research when the The other half of the sample was

Table 7 Public Opinion on the Humane Treatment of Laboratory Animals

Question Year % Agreeing (Yes) % Opposing (No)

When medical schools have animals that they are using in research, do you think they take as good care of them as 1948 79 9 individual owners would? (National Opinion Research Center 1949)

In general, when doctors use animals in their work do you think they really try to keep from hurting the animals? 1948 75 11 (National Opinion Research Center 1949)

Do medical schools take as good care of animals as individual owners would? (National Society for Medical Research 1949) 1948 75 11

Generally, do you think researchers who use animals in experiments treat them humanely, or not? 1985 46 30 (Roper Center 1985c)

As far as you know, are the animals used in medical and pharmaceutical research treated humanely, or not? 1989 33 40 (Animal Industry Foundation 1989b)

Are animals treated humanely? (Schaefer Center for Public Policy: University of Baltimore 1992) 1992 46.9 35.8

62 The State of the Animals: 2001 Table 8 Public Behavior Regarding Cosmetics Testing

Question Year % Refusing % Who Do Not to Buy Refuse to Buy

I’d like to know if you personally have already 1991 58 38 done any of the following... refuse to buy products where ethical treatment of animals 1992 48 46 may be called into question. (Food Marketing Institute 1991–94) 1993 51 42

1994 51 43 asked the same question but were chology students randomly sampled Another 23 percent felt it was wrong first told, “Some scientists are devel- from fifty colleges and universities but should not be illegal; only 13 per- oping and testing new drugs to within the United States (Plous 1996 cent felt that the practice was accept- reduce pain or developing new treat- a,b). Plous presented both sample able. In 1991 Self magazine polled ments for life-threatening diseases groups with twelve different types of the public and found that 72 percent such as leukemia and AIDS. By con- psychological research and asked agreed to the statement, “If the cos- ducting experiments on live animals, them to indicate which types of re- metics are the same quality, I would scientists believe they can make more search are justified and which are un- prefer to buy cosmetics that aren’t rapid progress than would otherwise justified, assuming “all research has tested on animals” (Significance, Inc. have been possible” (the “warm- been institutionally approved and 1991). However, when the public was start” version). Sixty-four percent of deemed of scientific merit.” The asked in 1990 by the Gallup Organi- those presented with the cold-start results from both surveys were similar zation, “Would you purchase cosmet- version opposed the use of animals in to those found by the New Scientist. ics that had not been tested on ani- research, compared with 41 percent As Table 6 shows, the majority of re- mals?” 89 percent of the public said of those given the warm-start version. spondents from both surveys ex- “no.” In 1990 the National Consum- This result shows a significant shift in pressed much greater concern for er’s League asked the public, “If a attitudes and illustrates the impact a animal research when it caused pain health and beauty-aid product indi- question’s wording can have on the or death (even though the population cates that it has not been tested on replies received. surveyed was broadly supportive of animals, how does this affect your When the hypothetical situation animal research in theory). decision to buy it?” (Ward 1990). In indicated that the animal would be Similar attitude trends are evident direct contrast with the Gallup re- subjected to pain, illness, or surgery when the public is questioned about sults, 39 percent of the subjects said (factors associated with suffering), whether laboratory animals are treat- the lack of animal testing would have the approval percentage decreased by ed humanely in research settings. no effect on their buying the product; 16 to 35 percent for both mice and In 1947 the public’s view of the re- 29 percent said it would make them monkeys. The percentage of the pub- search community was one of trust more likely to buy the product. lic objecting to the research did not and respect. By 1985 that trust had increase, however, when the research been sharply eroded, and there was Wearing Fur involved the likely death of some of evidence of much more public con- The wearing of garments made from the mice or monkeys. As the per- cern about the treatment of labora- animal fur has long been a particular ceived importance of the research tory animals (Table 7). This increase target of animal protection organi- increases, public support rises but as in concern occurred despite the im- zations. Table 9 provides data from a the costs increase, public support provement in standards of care, hus- number of polls about public atti- declines. bandry, and use that had occurred in tudes toward wearing fur. The word- Scott Plous, of Wesleyan University, the intervening thirty-eight years. ing of the questions in Table 9 is so found similar results in two surveys of One research-related issue has variable that it is not really possible selected American populations (Table been particularly contentious, espe- to make any reliable trend analysis. 6). The first survey (mentioned previ- cially during the past decade (Table However, it is generally believed that ously) involved five thousand random- 8). In 1989 Parents magazine found public opposition to the wearing of ly selected members of the American that 58 percent of the respondents animal fur has increased over the past Psychological Association (APA). The felt that testing of cosmetics on ani- fifty years. The fur industry in the parallel survey questioned 2,022 psy- mals was wrong and should be illegal. United States has been struggling for

Social Attitudes and Animals 63 Table 9 Public Opinion on Wearing Fur

Question Year % Accepting Fur % Opposing Fur

Is it okay to wear (ranch) fur coats? (Sieber 1986)* 1986 45 47

Do you think there are some circumstances where it’s perfectly okay to kill an animal for its fur or do you think it’s wrong to kill an animal 1989 50** 46*** for its fur? (Roper Center 1989d)

Do you generally favor or oppose the wearing of clothes made of animal furs? (Balzar 1993) 1993 35 50

The use of animal fur in clothing should be banned in the United States. (Survey Research Center, University of Maryland, College Park 1999) 1999 43.8 51.4

*Survey of 802 Toronto adults **Responding that under some circumstances it would be all right to kill an animal for its fur. ***Responding that it would always be wrong to kill an animal for its fur. the past decade, and retail fur sales, 1994. However, it must be noted that animals for sport. Thirty-three per- after peaking in the late 1980s, are because hunting is predominantly a cent of the respondents thought it lower (in inflation adjusted dollars) male sport and because past surveys should be made illegal, 27 percent than they have been in the past thirty have focused on married males, most disapproved but did not think it years. In 1999, when respondents of the information on hunting prac- should be illegal, and 36 percent felt were asked whether they believe the tices comes from married males. In the practice was acceptable. The Gal- use of animal fur in clothing should 1975 33 percent of married males lup Organization polled the public on be banned, the results revealed that had participated in hunting, com- behalf of the National Shooting the public is slightly more opposed pared to 20 percent in 1995. Other Sports Foundation in 1990 with the (51.4 percent) to the practice than surveys have produced similar results. following question: “Animal rights supportive (43.8 percent). This is sig- On October 26, 1999, the Wall Street groups and their activities have re- nificant because the public is, in gen- Journal reported that, according to ceived considerable publicity in re- eral, reluctant to proscribe activities Mediamark Research, the number of cent months. I’d like your opinion of that do not directly affect the health adults who hunt had fallen 17 percent the following actions and goals of ani- or safety of other humans. from 1990 to 1998 (O’Connell and mal activities. Certain animal rights Barrett 1999). groups want a total ban on all types of One of the most telling signs of the hunting. Do you strongly support this Hunting decrease in hunting is the drop in the goal, somewhat support this goal, Hunting is another controversial number of hunting licenses issued, a somewhat oppose this goal, or strong- issue that has been looked at closely. measure of actual behavior as opposed ly oppose this goal?” Only 21 percent Surveys have mainly consisted of ask- to attitudes. As reported in the same supported this goal (8 percent strong- ing for opinions on hunting or asking Wall Street Journal piece, the U.S. ly) compared with 77 percent who about the degree to which respon- Fish and Wildlife Service revealed that opposed it (50 percent strongly). dents participate in hunting. the number of hunting-license holders Both of the above polls used phras- The National Opinion Research had dropped to 14.9 million people, an es that might be expected to influ- Center conducted GSS surveys from 11 percent decline from 1982 to 1997. ence the subject. The question from 1972 to 1994 on the prevalence of Surveys have also questioned the the first poll adds the phrases “hu- hunting. The percentage of people public on its attitudes toward particu- mans assert their dominance over who reported that they, their spouse, lar types of hunting. The Parents mag- animals” and “hunting and killing or both hunt decreased from 26.8 azine survey of 1989 asked specifical- animals for sport,” while the second percent in 1972 to 20.3 percent in ly about the hunting and killing of question uses the phrase “certain ani-

64 The State of the Animals: 2001 Table 10 Public Opinion on the Humane Treatment of Specific Farm Animals

% Believing % Believing Question Type of Animal the Animal the Animal Treated Humanely Not Treated Humanely

Turning to your understanding Egg-laying hens 56 19 of the way specific kinds of animals are generally treated in this country, Beef cattle 69 12 is it your feeling that the following animals are treated humanely, or not? Broiler chickens 51 19 (Animal Industry Foundation 1989a) Turkeys 57 17

Hogs 63 13

Dairy cows 79 6

Veal calves 49 23 mal rights groups want a total ban” conducted the first national public in Minnesota conducted a survey on (feeding into public concerns about opinion survey on animal agriculture the same issue, but the sample frame infringement of their own liberties). and animal rights in 1989 (AIF was smaller, 1,009 Minnesotans. The These phrases influence the subjects 1989a). The findings from the survey results were similar; the public be- to respond more strongly in one way show that 79 percent of consumers lieved that farm animals are raised or another and presumably explain believed that farmers and producers without unnecessary cruel treatment. the contrasting results from the two treat their animals humanely, and The Minnesota poll found that 69 per- polls. Public opposition to sport or that 40 percent believed modern ani- cent of the public either disagreed trophy hunting is much higher than mal husbandry practices are focused strongly or disagreed with the state- opposition to subsistence hunting primarily on the animal’s health and ment, “In general, the way animals (Rutberg 1997). safety. Even so, 25 percent believed are raised for food in this country is that farm animal husbandry practices unnecessarily cruel.” The public did were cruel. The 1989 survey also agree that humane treatment is an Farm Animal questioned the public on its opinions important ingredient in animal agri- about the treatment of specific farm culture and felt that it was worth Issues animals (Table 10). The results sug- spending more money to make sure Farm animal welfare and treatment is gest that, overall, the public feels humane treatment was provided for an issue that has recently begun to farm animals are treated humanely. the farm animals. Sixty-four percent appear in public polling results. The Table 11 displays opposing views. of the respondents responded posi- Animal Industry Foundation (AIF) In 1992 the Star Tribune/WCCO-TV tively to the question: “In order to

Table 11 Public Opinion on Farm Animal Treatment

Statement % Who Strongly/Somewhat Disapprove of the Practice

Confining veal calves for their entire lives in narrow wooden stalls where they are unable to ever turn around. 92

Confining pigs for their entire lives in narrow metal stalls where they are unable ever to turn around. 91

Keeping hens in cages so small that they are never able to stretch their wings. 90

Caravan Opinion Research Corporation 1995

Social Attitudes and Animals 65 improve the conditions under which animals and poultry are raised, the Table 12 cost of meat would increase. Would Public Opinion you be willing to pay more for the meat from these specially treated ani- on Eating Specific Food Items mals?” (Schmickle 1993). Type of Food Shortly after the Minnesota survey, Never Eaten 1994 (%) 1997 (%) an animal rights group commissioned another poll on the same subject (Car- Meat 6 5 avan Opinion Research Corporation Poultry 3 2 1995). The survey focused on specific farm practices and how the public Fish/Seafood 4 4 viewed farm animals (Table 11). The All of the Above 1 1 results demonstrate again the importance of how a question is worded, Stahler 1994 but they do reflect a public concern about closely confined animals. (Close the Department of Agriculture, ed via a personal interview. This sur- confinement is standard practice in should be involved in making sure vey illustrates how people may inter- modern intensive systems.) that farm animals are protected from pret questions differently. Some peo- When the sample was asked which cruelty” (Caravan Opinion Research ple who eat meat infrequently and of the following statements reflected Corporation 1995). In Europe the others who eat only seafood call their concerns most closely, the sam- public is much more negative about themselves vegetarians. ple responded as follows: “Animal factory farming practices and more Despite the apparent growth in the pain and suffering should be reduced supportive of organic farming. number of self-reported vegetarians, as much as possible, even though the from 1.2 percent to 7 percent be- animals are going to be slaughtered” tween 1975 and 1994, animal welfare (93 percent); “Since animals raised Diet Choice: does not appear to be a factor in mak- for food are going to be slaughtered ing this diet choice. Forty-six percent anyway, it really doesn’t matter all Animal of all people who consider themselves that much how they are treated” (5 vegetarians and 49 percent of Vege- percent) (Caravan Opinion Research Agriculture tarian Times subscribers reportedly Corporation 1995). made the decision to be vegetarian The 1989 AIF survey found that 67 and Consumer largely for health-related reasons percent of consumers would vote for (Yankelovich et al. 1992). About 20 additional government regulation of Behavior percent of all vegetarians and 40 per- In 1977–1978 the U.S. Department of farm animal production; of those, 35 cent of Vegetarian Times subscribers Agriculture asked 37,135 people if percent would vote for additional reg- chose to be vegetarian for animal wel- they refer to themselves as vegetar- ulation because of their opposition fare and/or ethical reasons. The ians (Schmickle 1993). The survey to inhumane husbandry practices. In National Opinion Research Center found that only 1.2 percent of the 1995 the Caravan survey found that found in the 1994 GSS that 30 per- respondents referred to themselves as 82 percent of the public believed the cent of the sample sometimes refused vegetarians. In 1994 Vegetarian Times “meat and egg industry should be to eat meat for moral or environmen- magazine conducted a survey asking held legally responsible in making tal reasons. a comparable question; 7 percent of sure that the farm animals are pro- Several polls have also asked the the respondents said they considered tected from cruelty” and 58 percent public about what they look for when themselves vegetarians (Stahler of the public felt the “companies that eating in restaurants. In 1991 the 1994). buy animal parts and profit by selling Gallup Poll Organization found that In 1994 and 1997, the Vegetarian them for food, like fast-food restau- 20 percent of the public responded Resource Group, sponsored by the rants and supermarkets, should be that “they look for restaurants that Roper Center, conducted a more held legally responsible in making have vegetarian items,” and 35 per- careful survey on this issue. However, sure that farm animals are protected cent suggested that they “would as one can see in Table 12, the format from cruelty” (Caravan Opinion Re- order nonmeat items if listed on the of the question was different in im- search Corporation 1995). However, menu” (Richter 1997). The survey portant ways. The respondents had to 68 percent of the public felt the found that 20 to 30 percent of the answer that they never eat certain “meat and egg industry can be relied business community voiced an inter- foods in order to be included in the on to regulate itself,” and 91 percent est in having vegetarian items on their believed “government agencies, like results, and the polling was conduct-

66 The State of the Animals: 2001 own restaurant menu list (Richter 1997). In 1994 a study commissioned Table 13 by Land O’Lakes reported that more Membership of U.S. Adults in Animal than half of all American households had two or more meatless suppers and Environmental Organizations; 1976 each week and that 20 percent of U.S. Organization Males (%) Females (%) households ate four or more meatless dinners per week (Richter 1997). Animal Protection 0.6 2.0 Also in 1994 the National Restaurant Wildlife Preservation 3.4 2.5 Association reported that, on any given day, nearly 15 percent of the na- Environmental Protection 1.5 0.8 tion’s college students selected a veg- Kellert and Berry 1981 etarian option at their dining halls (Richter 1997). However, to place this in perspective, American annual zations (Rowan et al. 1995). Table 13 per-capita consumption of meat gives the results, illustrating 1) low Literature Cited (beef, pork, poultry) has increased levels of membership and 2) a gender Aldhous, P., A. Coghlan, and J. Copley. from about 155 to 170 pounds during gap in the support provided to differ- 1999. Let the people speak. New the last thirty years. Soy “meat” sales ent types of groups. In 1982 Louis Scientist. May 22: 26–31. have increased five-fold since 1985. Harris and Associates asked broadly, Amato, P.R., and S.A. Partridge. 1989. “Have you or has anyone in your im- The New Vegetarians. New York: mediate family contributed money to Plenum Press. Public Support any conservation, wildlife, or environ- American Medical Association. 1989. mental organizations in the past Public attitudes about the use of of Animal twelve months, or not.” Twenty-four animals in biomedical research: percent responded that they had. Focus groups and national surveys Protection When the question was narrowed of adults and children. Unpub- down, the expansion of support for lished. Philosophy animal-related groups became clear- Animal Industry Foundation (AIF). Survey questions that ask individuals er. In 1999 a national poll asked spe- 1989a. Survey results on how about using non-human animals for cifically, “Did you donate money to Americans view modern livestock human benefit (i.e., animal research, animal rights protection groups in farming. Farm Animals April: animal testing, and food) shed light 1998?” (Survey Research Center A1–A12. on the attitudes of the public on 1999); 16 percent claimed to have ——————.1989b. Question 29. these particular topics. Yet it is often contributed. The 1990 survey men- Feb. 1989. difficult to ascertain where the public tioned earlier found that 6 percent of Balzar, J. 1993. Creatures great stands on broad philosophical aspects the public were members of animal and—equal? Los Angeles Times, 23 of animal protection. Surveys have protection groups. December: A-1. produced contradictory data about Baylor University. 1985. Community what the public believes and where Summary Poll of McLennan County and city the public draws its lines. One way of of Waco. Waco, Tex.: Baylor Universi- Despite the complexities and limita- assessing broad changes in public ty, Center for Community Research tions of the survey process, a general attitudes is to investigate how many and Development. April–November. picture of how the public views ani- people claim to be members of ani- Question 3. mal protection from 1950 to the pre- mal protection groups or to donate Bowd, A.D. 1984. Development and sent can be drawn. It indicates that money to them. validation of a scale of attitudes public opinion has become more sup- During the 1980s and 90s, mem- toward the treatment of animals. portive of animal protection issues, bership in animal protection groups Education and Psychological Mea- although there are still many contra- exploded. (The membership of The surement 44: 513–15. dictions. On most issues, the public HSUS expanded by over five-fold, to Broida, J., L. Tingley, R. Kimball, and has a higher degree of concern for the about four hundred thousand mem- J. Miele. 1993. Personality differ- welfare of nonhuman animals than it bers, from 1980 to 1990.) In 1976 ences between pro- and anti-vivisec- did in 1950 or even 1975. Steven Kellert conducted a survey of tionists. Society and Animals 1: more than three thousand American 129–44. adults to determine their attitudes about wildlife. He asked questions about membership in various organi-

Social Attitudes and Animals 67 Caravan Opinion Research Corpora- National Opinion Research Center. rights movement and activists’ atti- tion. 1995. Attitudes toward pro- 1949. Public attitudes toward ani- tudes toward wildlife. Pp. 363–71 in tecting farm animals from cruelty. mal experimentation. Bulletin of the Transactions of the Fifty-Sixth Princeton, N.J.: Opinion Research National Society for Medical North American Wildlife and Natur- Corporation. Research 3, 5: 1–9. al Resource Conference, ed. R.E. Doyle, Dane, and Bernbach Inc. 1983. National Science Board (1985–1998). McCabe. Washington, D.C.: Wildlife America’s binding relationship with Science and engineering indica- Management Institute. the animal kingdom. Soundings 12: tors—1989. Washington, D.C.: U.S. Richter, T. 1997. How many vegetarians 9–10. Government Printing Office. are there? Vegetarian Journal, 1–4. Eagly, A.H., and S. Chaiken. 1993. National Society for Medical Roper Center for Public Opinion. 1948a. The psychology of attitudes. Orlan- Research. 1949. Public attitudes Question USNORC.480246.R21. Na- do, Fla.: Harcourt Brace Jovanovich toward animal experimentation. tional Opinion Research Center College Publishers. Bulletin of the National Society for poll. Animal Experimentation. Food Marketing Institute. 1991–1994. Medical Research 3, 5: 1–9. May– ——————. 1948b. Question US- Consumer attitudes and the super- June. NORC.480246.R13. National Opin- market. Opinion Research Corpora- Nickell, D., and H.A. Herzog Jr. 1996. ion Research Center poll. American tion—Food Marketing Institute. Ethical ideology and moral persua- Experimentation. Questions USGALLUP.92AMA.R105 sion: Personal moral philosophy, ——————. 1985a. Question US- (Jan. 1991); R109 (Jan. 1992); gender, and judgements of pro- and APMGEN.8.R16C. Associated Press/ R121 (Jan. 1993); R130 (Jan.94). anti-animal research propaganda. Media General poll. Sept. Galvin, S.L., and H.A. Herzog Jr. Society and Animals 4: 53–64. ——————. 1985b. Question: US- 1998. Attitudes and dispositional O’Connell, V., and P.M. Barrett. 1999. APMGEN.8.R16A. Associated Press/ optimism of animal rights demon- Here’s the turnoff: In the market Media General poll. Sept. strators. Society and Animals 6: for guns, the customers aren’t com- ——————. 1985c. Question US- 1–11. ing back for more. Wall Street Jour- APMGEN.8.R17. Associated Press/ Herzog, H.A. Jr. 1993. The movement nal, 26 October: A–10. Media General poll. Sept. is my life: The psychology of animal Peek, C.W., N.J. Bell, and C.C. Dun- ——————. 1987. Question US- rights activism. Journal of Social ham. 1996. Gender, gender ideolo- HART.87RS, R29A. Rolling Stone Issues 46: 103–19. gy, and animal rights advocacy. Sept. 11. Herzog, H.A. Jr., N.S. Betchart, and Gender and Society 10: 464–78. ——————. 1989a. Question US- R.B. Pittman. 1991. Gender, sex- Pifer, L., K. Shimuzu, and R. Pifer. KANE.89PM10.RO5. Parents mag- role orientation, and attitudes 1994. Public attitudes toward ani- azine. Sept. 22. towards animals. Anthrozoös 4: mal research: Some international ——————. 1989b. Question US- 184–91. comparisons. Society and Animals KANE. 89PM10.R02A. Parents mag- Herzog, H.A., and L.B. Dorr (in 2(2): 95–113. azine. September 22. press). Electronically available sur- Plous, S. 1991. An attitude survey of ——————. 1989c. Question US- veys of attitudes toward animals. animal rights activists. Psychologi- GALLUP.89AMA.R31. American Society and Animals. cal Science 2: 194–96. Medical Association. Jan. Jamison, W., and W. Lunch. 1992. The ——————. 1996a. Attitudes to- ——————. 1989d. Question US- rights of animals, science policy, ward the use of animals in psycho- ABC.89.R10. ABC News poll and political activism. Science Tech- logical research and education: ——————. 1990. Question US- nology and Human Values 17: Results from a national survey of GLLUP.90shot.R1C. Gallup Organ- 438–58. psychologists. American Psycholo- ization Poll–National Shooting Kellert, S. 1996. The value of life: Bio- gist 51: 1167–80. Foundation Public Opinion Study. logical diversity and human society. ——————. 1996b. Attitudes ——————. 1992a. Question US- New York: Island Press. toward the use of animals in psy- WIRTH.92RDIG.RO6G. Readers’ Kellert, S., and J. Berry. 1981. Knowl- chological research and education: Digest poll. Mar. 16. edge, affection, and basic attitudes Results from a national survey of ——————. 1992b. Question US- toward animals in American soci- psychology majors. Psychological GALLUP.29AMA.R35. American ety. Document 024-010-00-625-1. Science 7: 352–58. Medical Association. Jan. 23. Washington, D.C.: U.S. Government Princeton Survey Research Associ- ——————. 1993. Question US- Printing Office. ates. 1991. Great American TV Poll GALLUP.93AMA.R34. American Kruse, C.R. 1999. Gender, views of #2—USPSRA. 91TV02.R30. Spon- Medical Association. Jan. 22. nature, and support for animal sored by Troika Productions and ——————. 1994a. Question US- rights. Society and Animals 7: Lifetime Television. ORC. 94GROG.R19D. Food Mar- 179–98. Richards, R.T., and R.S. Krannich. keting Institute. Jan. 14. 1991. The ideology of the animal

68 The State of the Animals: 2001 ——————. 1994b. Question US- Survey Research Center. 1999. NORC. GSS94, Q693D. National National Omnibus 1999 Question- Opinion Research Center. Jan 27. naire Project #1367. College Park, ——————. 1994c. Question US- Md.: University of Maryland. PSRA.092194,R24S. Times Mirror. Takooshian, H. 1988. Opinions on July 12. animal research: Scientists versus ——————. 1995a. Question US- the public. PsyETA Bulletin 7: 5–7. AP.945K, Q2. Associated Press. Nov. l0. The University of North Carolina of ——————. 1995b. Question US- Chapel Hill, Institute for Research HARRIS.122295. Louis Harris and in Social Science. 1989. Kentucky Associates. Nov. 30. Poll/Survey Research Center. Spring Rowan, A.N., F.M. Loew, and J. Weer. Poll. Animals, Question 60a–h 1995. The animal research contro- (IRSS Study Number NNSRP-KY- versy: Protest, process, and public 021). Chapel Hill, N.C. policy; an analysis of strategic ——————. 1991. Kentucky Poll/ issues. North Grafton, Mass.: Tufts Survey Research Center. April. Center for Animals and Public Policy. Chapel Hill, N.C. Rowan, A, and K.J. Shapiro. 1996. Ani- Ward, A. 1990. Consumers at odds mal rights, a bitten apple. American with animal testing: Survey finds Psychologist 51: 1183–1184. majority oppose it on beauty aids, Rozin, P., M. Markwith, and C. Stoess. but respondents lack information 1997. Moralization and becoming a on merits. Advertising Age, 26 Feb- vegetarian: The transformation of ruary: S–2. preferences into values and the Wayman, S. 1966. Concentration recruitment of disgust. Psychologi- camps for dogs. Life magazine, 4 cal Science 8: 67–73. February, Vol. 60, No.5: 25–28. Rutberg, A.T. 1997. The science of Yankelovich, Clancy, Schulman. 1992. deer management: An animal Vegetarian Times. October. welfare perspective. In The science of overabundance: Deer ecology and population management. Wash- ington, D.C.: Smithsonian Institu- tion Press. Schafer Center for Public Policy. 1992. January 16. Questions A3–A5. Baltimore, Md.: University of Baltimore. Schmickle, S. 1993. One in four thinks farm animals are treated cruelly. Star Tribune, 14 February: 1-A and 25–26-A. Sieber, J. 1986. Students’ and scientists’ attitudes on animal research. The American Biology Teacher 48, 2. Significance, Inc. 1991. The image of the future. Self Magazine, July: 28. Sperling, S. 1988. Animal liberators: Research and morality. Berkeley: University of California Press. Stahler, C. 1994. How many vegetarians are there? The Vegetarian Resource Group asks in a 1994 national poll. Vegetarian Journal, July/August. 7–9.

Social Attitudes and Animals 69

From Pets to Companion Animals 4CHAPTER

Researched by Martha C. Armstrong, Susan Tomasello, and Christyna Hunter

A Brief History of Shelters and Pounds nimal shelters in most U.S. their destiny: death by starvation, harassed working horses, pedestrians, communities bear little trace injury, gassing, or drowning. There and shopkeepers, but also spread ra- A of their historical British were no adoption, or rehoming, pro- bies and other zoonotic diseases. roots. Early settlers, most from the grams and owners reclaimed few In outlying areas, unchecked breed- British Isles, brought with them the strays. And while early humanitarians, ing of farm dogs and abandonment of English concepts of towns and town like Henry Bergh, founder of the city dwellers’ unwanted pets created management, including the rules on American Society for the Prevention packs of marauding dogs, which keeping livestock. Each New England of Cruelty to Animals (ASPCA), and killed wildlife and livestock and posed town, for example, had a common, a George Thorndike Angell, founder of significant health risks to humans central grassy area to be used by all the Massachusetts Society for the and other animals. townspeople in any manner of bene- Prevention of Cruelty to Animals State and local governments were fit, including the grazing of livestock. (MSPCA), were concerned about ani- forced to pass laws requiring dog As long as the livestock remained on mal abuse, their focus was more on owners to control their animals. Al- the common, the animals could graze working animals—horses, in particu- though laws that prohibited deliber- at will, but once the animal strayed lar—than on the fate of stray dogs. It ate abuse of or cruelty to animals had onto private property or public thor- was through the efforts of Caroline passed in most states by the turn of oughfares, a “pound master” took the Earle White, founder of the Women’s the century, few states had laws that animal to the pound, a small stone- SPCA of Pennsylvania, that the fate of provided for the control of dogs be- walled corral that was usually just a stray dogs began to change. White yond their owners’ property. Only lat- few feet away from the common. For a secured the first contract from a city er in the 1900s were laws requiring small fine, the owner was able to to a humane society to operate a leashing and licensing of dogs passed retrieve his stray livestock. more humane pound or shelter for throughout the United States and As the United States began to grow dogs and cats and implemented an money allocated to hire dogcatchers and as towns became more popula- adoption program, as well as more and run pounds. Although some laws ted, urbanization brought a new type humane ways of housing, caring for, were passed strictly on the grounds of stray to the city. Stray dogs allowed and, if need be, euthanizing the ani- of protecting public safety, most were to roam the streets could present all mals in the care of the SPCA. tied to other laws that required dogs types of problems: barking at and to be vaccinated against rabies and/ frightening working horses, creating Shelters at the or that provided additional penalties sanitation problems, and biting pass- for a dog who killed livestock. A pro- ersby. The old stone-walled corrals Turn of the liferation of local ordinances and by- were not appropriate for dogs. Instead Twentieth Century laws were passed in the late 1930s unused warehouses or enclosed barns Expansion of urban life and contrac- and early 1940s to strengthen state were employed. tion of agrarian interests created in- animal control laws and to provide a Housed in crude pens or tied to creased problems for city managers, revenue source to pay for animal con- hooks on the side of the wall, pound including protecting the public’s trol programs. dogs stood little chance of escaping health and safety. Stray dogs not only

71 While most citizens did not want While most large U.S. cities already Pound Seizure stray dogs roaming the streets, they were served by an SPCA, many of The conditions and location of the also did not want the captured strays which ran shelters, smaller cities and pound were not the only reasons for kept in facilities near their homes. rural communities were either under- the formation of hundreds of new The barking, howling, and fighting served by the local SPCA or relied humane societies and animal welfare among hundreds of strays made solely on municipal government to organizations. The proliferation of pounds unpopular neighbors. As a provide animal care and sheltering stray dogs shortly after World War II, result, the shelters were usually found services for their community’s ani- the shortage of sheltering facilities, near a locality’s other dumping mals. During the early 1950s, humane and the growth of government-funded ground, the municipal landfill. Early societies, animal rescue leagues, and biomedical research combined to municipal pounds were crudely con- other animal welfare groups prolifer- bring about a new policy, pound structed, lacking heat, cooling, and, ated. Many were created to fill a void seizure, which horrified many pet in many instances, hot and cold run- in the locality they served. Others lovers. First passed in Minnesota and ning water. Animals entering a pound were formed to provide an alternative then pushed along by the National were rarely claimed, even more rarely to a substandard municipal pound. Society for Medical Research (NSMR) adopted or rehomed, and normally The new shelters were different not and local research organizations else- destroyed within hours of arriving. only in their look and location, but where, pound seizure laws required Those who did have some sort of iden- also in the programs they offered. They municipally run animal shelters or tification—a collar with a license or sought more to prevent animal control pounds to release unclaimed animals identification tag—were usually afford- problems than to provide curative and on demand to any accredited re- ed an additional period of holding time punitive measures. Humane educa- search facility or university that before they were destroyed. Irregular tion, spaying and neutering, and dif- requested them. cleanings and rarely disinfected cages ferential licensing were part of the Local humanitarians found pound provided ample opportunity for dis- broad menu of services added to the seizure to be the antithesis of the eases to run rampant throughout new animal shelters’ lists of programs true purpose of an animal shelter—to pounds. Coupled with the fact that provided to their communities. provide a safe haven for stray and lost few strays had received any vaccina- As the traditional pound disap- animals. To avoid the law, local tions against highly contagious dis- peared, the stereotypical dogcatcher humane societies built their own shel- eases such as distemper, even the followed right behind it. The days ters or contracted with municipalities “lucky” owner-identified animal who when a driver’s license and the will- to run their facilities. By agreeing to escaped immediate destruction with ingness to be bitten occasionally were run the shelter under contract with his fellow strays would usually con- the only prerequisites gave way; the city or county or by establishing a tract and succumb to disease shortly knowing a bit about animal behavior, separate facility, these organizations after entering the pound. animal first aid, conflict resolution, found that they were exempt from and legal procedures was now re- being forced to comply with pound A Half Century quired. The new animal control offi- seizure laws since they fell outside the of Progress: From cer was more physically fit than his or definition of covered entities. The her predecessor, as well. MSPCA was one of the first to chal- Dog Pound to Training opportunities to profes- lenge pound seizure laws by filing suit Animal Shelter sionalize the field were also increas- in court, stating that the Massachu- ing. The MSPCA offered training for After World War II, pounds underwent setts law mandating pound seizure executives and law enforcement offi- violated the mission of animal shel- a massive transformation. Pet owners cers in the early 1950s. The American were no longer willing to let a con- ters. Although the case went all the Humane Association (AHA) launched way to the state’s Supreme Judicial crete-block-and-wire building at the a series of educational and training town dump represent their communi- Court before a decision was finally venues through universities, state fed- rendered, the court’s ruling still left ty’s effort to house and care for erations, and local shelters. In the homeless and stray animals. They the subject in limbo. The Court stat- late 1970s, The Humane Society of ed that the MSPCA did not have wanted a place that humanely shel- the United States (HSUS) launched tered the animals under its roof, but standing to sue, since the pound sei- its Animal Control Academy in con- zure laws applied only to municipally they also demanded programs that junction with the University of Alaba- were aimed at decreasing the home- operated pounds or shelters. Since ma to provide certification to animal the MSPCA was a private, nonprofit less animal population and shelter control officers. Several state animal staff trained to be more caring and organization that did not serve as a control associations offered training pound, it was not an aggrieved party. professional in the care and treat- through state law enforcement train- ment of animals. The controversy surrounding pound ing institutes or academies. seizure was not limited to the local

72 The State of the Animals: 2001 level. AHA found itself embroiled in The New Look ter efforts proved to be insufficient the battle when legislation was pro- incentive for the adopter to have the posed on the federal level that would of Shelters animal sterilized. have regulated the sale, care, and use As the number of households keeping Even if the shelter was interested in of dogs and cats in medical research. pets grew, the look and function of using the adoption contract to ensure Seeking to find common ground with the shelter that served the canine and compliance with spay/neuter poli- the research community, AHA entered feline population in the community cies, most were limited to civil action. into an agreement with NSMR only to changed drastically. The new shelter The shelter would have to sue the find that agreement later discarded. was more centrally located and usual- adopter to force the sterilization or to Some members of AHA’s board of ly had indoor runs to reduce noise and recover the animal. Most shelters did directors and staff were so angered by to make it a better neighbor to busi- not have the resources or the time to the executive director’s decision to nesses and residences. It not only had pursue this option. enter into any discussions that would hot and cold running water, but also In the late 1970s, the Animal Wel- allow shelter animals to go into had central heat and air-conditioning, fare League of Arlington (Virginia) research that they forced the issue heated floors, and built-in cleaning decided to make sterilization of its onto the ballot of the general mem- systems to help keep disease transmis- adopted animals a requirement by bership meeting in 1954. Although a sion down and odors under control. law. After the League convinced the membership battle on the issue was On the East and West coasts, larger county board that intact animals ultimately avoided, the dissidents humane societies also incorporated adopted from the shelter were adding who forced the issue left AHA and spay/neuter clinics and education to the potential for animal control formed the National Humane Society, centers into their facilities. Beneficia- problems, the board unanimously later renamed The Humane Society of ries of funding from a large trust approved an ordinance that required the United States. established by George Whittel in the any animal adopted from the shelter Thirty years later, The HSUS and 1970s named shelter clinics and hu- to be spayed or neutered by the time AHA joined with nine other animal mane education centers all along the specified in the adoption contract. protection groups to form National California coastline after him. Failure to do so would result in a $300 ProPets, a coalition organized to over- But the look of the shelter was not fine and/or a year in jail, with each turn pound seizure on the state and all that changed in the late 1960s and day beyond the specified time being local levels. The fight over pound 1970s. Shelters pushed to win accep- considered a separate offense. In seizure initially concentrated on local tance as an HSUS accredited shelter addition, the local commonwealth referenda in California and Florida. or to comply with AHA’s Standards of attorney stated that he considered Outspent by and losing to the re- Excellence program. The standards each puppy or kitten born to a search community on the local level, for both programs looked at day-to- League-adopted animal to be a sepa- ProPets turned its attention to the day operations, as well as adherence rate offense. U.S. Congress when Rep. Bob Mrazek to programs to reduce the numbers Several other humane societies and of New York sponsored the Pet Protec- of homeless animals within the com- animal control agencies worked with tion Act of 1986. The bill later passed munity. Many shelters had as part of municipal officials to pass ordinances in a very weakened version in 1990. their adoption contract a provision to help reduce the homeless and stray At the height of the pound seizure that animals adopted from them pet populations within their commu- era, more than fourteen states and must be spayed or neutered. Most nities. The Santa Cruz (California) hundreds of localities required local gave the adopter thirty days from the SPCA worked with its city officials municipally owned and operated shel- date of the adoption to comply (or to pass an ordinance that required ters to give up unclaimed animals for thirty days from the date of the ani- intact animals to be spayed or research purposes. As of 2000 only mal’s “maturity,” since six months neutered if they were picked up by three states still mandated pound was considered the youngest age at animal control for a third time in a seizure and more than a dozen pro- which an animal could be surgically twelve-month period. hibited it. Even in states that neither sterilized). Some had spay/neuter Differential licensing (charging a required nor prohibited pound clinics within the shelter and the higher license fee for intact animals seizure, most municipalities had adopter could make an appointment than for sterilized animals) also in- dropped the practice, noting its un- for the surgery before leaving with creased in popularity across the Unit- popularity with the public and tiring the new family pet. Others worked ed States in the late 1970s and of the public relations nightmare it with area veterinarians and required 1980s. A few brave communities took created for the local animal shelters. the adopter to select a veterinarian on the issue of cat licensing and the prior to leaving the shelter. Still oth- licensing of breeders. Charlotte/ ers required the adopter to leave a Mecklenburg County (North Caro- refundable deposit to encourage fol- lina) passed cat licensing in 1981, but low-through. But far too often, shel- not without a storm of controversy.

From Pets to Companion Animals 73 The day after the law went into effect, ticularly remarkable given that such ment, but enjoyed none of the tax the headline in the Charlotte Obser- services are paid for exclusively by the advantages that nonprofit, humane ver read, “Charlotte Is Killing Its pet owners. Pet owners purchase few society-run clinics did. Cats” (M. Blinn, personal communi- third-party or insurance payer sys- Each of the lawsuits resulted in dif- cation, Sept. 13, 2000). The town of tems, and those pet owners who do ferent judgments. In Virginia the Oxford, Massachusetts, passed a cat purchase them rarely find such proce- state legislature passed a law making licensing bylaw in the early 1990s, dures covered. it illegal for anyone other than a vet- but had to deflect three separate erinarian to own and operate a veteri- challenges in town meetings to keep The War between nary clinic. This effectively forced the it on the books. Some towns and Virginia Beach SPCA to sell its clinic counties that required cat licensing the Humane and contract with the new owner for were issuing almost as many cat and Veterinary services. In Louisiana the state veteri- licenses as they were dog licenses. Communities nary licensing board refused to li- While these licensing laws helped to cense or renew the license of any vet- increase the return-to-owner rate The growth in the veterinary profes- erinarian working for the Louisiana of stray cats three- or fourfold, sion and the growing acceptance of SPCA (LA SPCA). LA SPCA filed suit going from 1 percent to 4 percent was veterinary care by pet owners in the in court to force the state registry still unacceptable. 1970s and 1980s did not produce bet- board to license or re-license its vet- ter relations between the humane erinarians. The resulting ruling found and veterinary communities. Shel- that the passage of an ordinance pur- Opportunities ters, and in some instances, munici- porting to make the SPCA an “em- pal governments, desperate to stop ployee” of the City of New Orleans and Challenges the growing homeless pet population brought the plaintiffs within the and unable to negotiate agreements statutory exception found in La.R.S. in Companion with local veterinarians, began open- 37:1514 (l) and rendered this case ing and running their own low-cost moot (The Louisiana Society for the Animal Care spay/neuter clinics. A few shelters Prevention of Animal Cruelty and the established full-service clinics, setting City of New Orleans v. Louisiana Advances in Medical a sliding fee structure that allowed Board of Veterinary Medical Associa- Care for Companion them to subsidize the costs of caring tion 1990). In two separate cases in for indigent or low-income families’ Michigan, the Internal Revenue Ser- Animals pets through fees from those who vice ruled that the running of a Recent advances in companion ani- could afford to pay full price. spay/neuter clinic by a humane soci- mal veterinary care have been a lead- Full-scale war broke out between ety was a reasonable service of a char- ing benchmark for the status of com- local shelters and veterinarians when itable organization, not a business. As panion animals. The life span of a dog veterinarians, seeing some of their long as the humane society did not or cat has increased significantly clients move over to the shelter-oper- advertise its services, it was legally through improved delivery of preven- ated clinics, decided to file suit to allowed to operate a spay/neuter clin- tive health care measures, such as shut down or halt the growth of these ic (HSUS 1985). vaccines to protect from Parvo virus, nonprofit clinics. Three major chal- In 1986 the American Veterinary feline leukemia, and Lyme disease. lenges, in Michigan, Virginia, and Medical Association (AVMA) joined New cures and treatments for dis- Louisiana, fueled animosity between with other organizations to ask Con- eases and injuries that seemed the camps. gress to impose taxes on nonprofits beyond the scope of the veterinary Veterinarians claimed that humane that operated any type of business not field—as well as the pocketbook of societies enjoyed an unfair tax advan- directly related to their mission. In- the average pet owner—have become tage over private practitioners. The cluded business activities were elec- almost commonplace. With more dis- nonprofit-run clinics sat on land that tive surgeries at university or church posable income and delayed commit- was exempt from property tax; they owned hospitals; sales of toys, games, ments to marrying and starting fami- enjoyed an exemption from paying or other items in nonprofit aquari- lies, pet owners are willing to go to sales tax on most items; they were ums, zoos, or other wildlife organiza- any length to prolong their com- allowed to accept tax-deductible do- tions’ shops; and spay/neuter surg- panion animals’ lives. Hip re- nations of money and property from eries and vaccinations of animals at placement surgeries for dogs, kidney the public; and they paid no state or humane societyo-perated clinics. transplants for cats, and chemo- federal income tax on the revenue Fortunately, relations between the therapy or radiation treatment for they received. Veterinarians incurred humane community and the veteri- pets with cancer may now be request- the same costs for equipment, per- nary community improved in the ed by dog and cat owners. This is par- sonnel, drugs and medical equip- aftermath of a congressional hearing

74 The State of the Animals: 2001 on the matter (no congressional ac- care for thousands of unplanned and There were many reasons why no tion was taken). Their representatives homeless puppies, the veterinary accurate count of the number of ani- now jointly advocate for legislation on community and hobby breeders mals relinquished to shelters each year the state and federal levels to improve began to respond to the increased was obtained. Among them were a lack anticruelty laws and to increase fund- demand for a dialogue on the subject. of consensus on what constitutes a ing for enforcement; research on myr- In 1974 the first of several meet- shelter, a lack of uniformity in record iad issues to help improve animals’ ings among animal-related interests keeping, a lack of any record keeping lives and welfare is being jointly spon- was held in Denver, Colorado. Atten- on the part of some shelters, a distrust sored by the two communities. This dees included the American Dog on the part of shelters of anyone ask- is not to say that there is complete Owners Association, which tradition- ing for their data, and a lack of an agreement on all issues, but the com- ally opposed any legislation that accurate database of shelters. Some munities are closer on many issues would regulate dog breeding or own- shelters felt that the animals they han- than they have ever been. ership, and the AVMA. A second meet- dled were just the tip of the iceberg ing two years later produced a num- and did not want their numbers to be Pet Overpopulation ber of scholarly papers and the used out of context to quantify the The humane community has tradi- beginnings of a consensus on how to problem of animals “in transition” tionally appeared to be perpetually at reverse the tide of unplanned, and from one household to another. odds with all other animal-related usually homeless, litters. This consen- Surveys from various sources, in- interests on the topic of pet overpop- sus could be summed up as a strategy cluding the AVMA and the American ulation. In the latter part of the twen- promoted by Phyllis Wright of The Pet Products Manufacturers Associa- tieth century, shelters were not pri- HSUS known as L.E.S.—legislation, tion (APPMA), indicated that the ma- marily a refuge for stray animals, but education, and sterilization. jority of Americans acquired their pet rather the repository for unwanted Subsequent meetings of animal- from some source other than an ani- animals, most of which were puppies related groups to look at the issue of mal shelter. Cats, in particular, are and kittens. Humane societies felt pet overpopulation were limited to more likely to be acquired through a overwhelmed by a tremendous influx one-time workshops, some of which friend, relative, or neighbor or taken of young animals, many just one gen- produced scholarly papers but few in as a stray (76 percent combined) eration removed from being purebred. other results. Then, in 1993, veteri- than from all other sources (breeder, In the 1960s and 1970s, mass com- narians and researchers, humane shelter, pet shop, etc.). mercial dog-breeding establishments societies, and breeder organizations As difficult as it was to obtain num- known as puppy mills, where dogs met to quantify and qualify “pet over- bers from shelters regarding their were often kept in substandard condi- population.” This meeting was the be- intake and disposition of animals, get- tions, quickly outdistanced private ginning of the National Council on ting data from such other sources as hobby breeders in the number of ani- Pet Population Study and Policy purebred registries, pet stores, and mals being produced each year. For (NCPPSP), comprised of eleven animal- commercial breeding facilities was farmers in the Midwest (the location related organizations. The NCPPSP even more problematic. There was, of most of the puppy mills), the has the mission to gather and analyze however, general consensus among returns on producing a crop of pure- reliable data that further characterize most animal-related organizations bred puppies—with registration the number, origin, and disposition of that the term pet overpopulation was papers—were appealing. pets (cats and dogs) in the United not only difficult to define, but that it The resulting surge in the number of States; to promote responsible ste- was also probably no longer an accu- dogs and puppies registered through wardship of these companion ani- rate catchphrase to describe the rea- the American Kennel Club, the prima- mals; and, based on data gathered, to sons for animals leaving their original ry registry for purebred dogs in the recommend programs to reduce the homes, especially for dogs. United States, swelled the coffers of number of surplus/unwanted pets in the organization. Large numbers of the United States. puppies were pumped into the market The NCPPSP’s efforts to define the by pet stores, which purchased in vol- scope of pet overpopulation, at least ume from puppy mills and enjoyed through those animals relinquished or prime retail locations, such as subur- brought to shelters, were no less frus- ban shopping malls. trating than previous efforts. Mailings Sterilization of dogs and cats was to more than 4,800 U.S. shelters for considered a costly and undesirable four consecutive years produced a 25 procedure by organized veterinary percent return rate in any given year. medicine. As animal control facilities Fewer than four hundred shelters and humane societies struggled to responded all four years.

From Pets to Companion Animals 75 Dangerous or late vicious or dangerous dogs by opt- Additional good news is the way ing for generic laws that imposed that animal shelters—whether run Vicious Dogs restrictions on dogs and their owners municipally, privately, or through a In every decade since the 1950s, a based on the individual dog’s past be- combination of municipal and private breed of dog has emerged as a vicious havior. But, even in these municipali- funding—are different from their pre- or dangerous dog. In the 1960s, the ties, rarely was enough funding appro- decessors in most communities German Shepherd was the “bad dog priated for animal control to enforce throughout the United States. Their du jour”; in the 1970s, it was the dangerous-dog laws. physical structure and their programs Doberman pinscher. In the 1980s, Breed-specific ban legislation has have advanced to include a host of 1990s, and 2001, it has been the pit once again surged in various areas of new animals and new challenges that bull, also known as the American Pit the United States, in part in response most municipal planners and humane Bull Terrier. to a new “bad breed,” the rottweiler. society board members would never Originally bred to fight other dogs While most of these laws are targeted have dreamed of fifty—or even twen- of their breed, pit bulls have been the at pit bulls, some are including new ty—years ago. breed of choice for illegal dogfighting breeds of dogs like the Dogos Argenti- Shelters have had to adapt, recon- activities, such as organized fighting na, whose reputations as fighting figuring existing space or adding addi- in well-hidden barns or warehouses dogs in their country of origin and tional space to handle more cats than and spur-of-the-moment street fights. their physical characteristics make dogs; accommodating a growing The reputation of a pit bull as a them difficult to distinguish from the number of small mammals, reptiles, “bad” dog has been enhanced by a American Pit Bull Terrier. and exotic pets; and housing livestock number of highly publicized attacks Humane organizations are strug- and equines confiscated or relin- by pit bulls and pit bull-type crosses gling to create new strategies to com- quished due to neglect or abuse. on children and other human victims. bat the proliferation of dogs bred to Some shelters have had to deal with During the 1980s, hundreds of fight or be aggressive without label- an increasing number of large wild municipalities passed legislation to ing an entire breed as inherently cats, such as lions, tigers, cougars and prohibit the keeping of pit bulls but vicious. The HSUS, which wrote leopards, seized by police or humane found breed-specific legislation virtu- guidelines for regulating dangerous officers for ordinance violations. ally unenforceable. How dogs were to and potentially dangerous dogs in Shelter programs and services are be identified and by whom proved 1985, has recently committed to far more preventive in nature than insurmountable problems. Rarely did updating those guidelines and to rec- those of the 1900s. A few municipally laws prohibit the owners of pit bulls— ommending solutions for targeting owned and operated animal shelters or of other prohibited breeds—from breeds for additional regulations stand out in their progressive tack- acquiring another dog after the when the numbers of attacks and/or ling of animal control problems with- offending animal had been destroyed incidents of aggressive activities in- in their community and creation of by the local animal shelter. volving the breed are escalating. “outside the box” solutions. In 1997 Where pit bull owners opposed Palm Beach County (Florida) Animal breed-specific laws, officials found Regulation (PBCAR) launched a Spay that they were spending more time Present State Shuttle, a converted camper/recrea- and money defending a law that tional vehicle that served the lower- would probably not survive court of Companion income neighborhoods of Palm Beach scrutiny than they had budgeted for County. In addition to low-cost steril- enforcing the law in the first place. Animals and ization services, the Spay Shuttle of- One case that went all the way to the fered low-cost vaccination clinics and state’s Supreme Court placed all Animal Shelters pet owner education programs in breed-specific ban laws at risk. The Almost two-thirds of U.S. households neighborhoods that represented the court ruled that breed-specific ban have a dog, cat, bird, or reptile as a highest numbers of animal control laws were unconstitutional, violating pet. The number of dogs, and partic- complaints. PBCAR also offered low- due process laws, and that such laws ularly puppies, relinquished to shel- cost sterilization for qualifying pet were vague in their definitions of ters was rapidly diminishing as of owners. All adopted animals were what constituted a pit bull. Some laws mid-2000, to the point that some sterilized prior to leaving the facility were over-inclusive, including breeds shelters did not have any puppies for and new adopters were encouraged to of dogs not known to be aggressive in adoption for many months. Those enroll their dogs in training programs any way; others were under-inclusive, dogs and cats fortunate enough to be offered at the shelter in conjunction leaving out breeds or mixes of breeds in lifelong homes are enjoying a with area dog trainers (Palm Beach that had a record of inflicting serious longer life span than those who County Animal Care and Control, per- injury or death on their victims. shared our homes in the first half of sonal communication Sept. 14, 2000). Most towns and cities tried to regu- the twentieth century. Alachua County (Florida) Animal

76 The State of the Animals: 2001 Services created a two-week intern- Many shelters have incorporated those relationships. Chronically un- ship with the University of Florida Col- assistance with behavior problems in- der-funded for the services they pro- lege of Veterinary Medicine. This to their menus of services offered to vided the community, these nonprof- allowed veterinary students the oppor- the community. One of the most in- its informed their localities that tunity to see every aspect of the opera- clusive programs exists at the Dumb without substantial increases in fund- tion of a government animal control Friends League (DFL), serving the ing, services would be eliminated or agency. Thus exposed, students could greater Denver, Colorado, area. An- their contracts cancelled. In some in- educate their clients on how to other in a much smaller community stances, municipalities responded become more responsible pet owners. is the Humane Society of Washington with the additional resources. In oth- Humane organizations created pro- County (Maryland) that serves a rural ers, the nonprofits revisited their de- grams to help pet owners resolve prob- and rather remote area. mands when they discovered that lems with their animals before the The DFL’s behavior-assistance pro- municipal funding was covering more problems reached the point at which gram was initiated in conjunction than they had initially calculated and the pet owner was ready to relinquish with Suzanne Hetts in 1995. Tem- that loss of funding would create a the animal. Based on research con- perament testing of animals within crisis for the organization. In other ducted as part of a master’s degree the shelter coupled with dog training cases, contracts were cancelled. thesis at Tufts University, shelters classes and a behavior helpline When the San Francisco SPCA (SF learned that the decision by the owner sought to identify undesirable behav- SPCA) gave notice that it would no to relinquish an animal was neither iors earlier and to offer solutions that longer be contracting with the city easy nor impetuous (DiGiacomo, pet owners could understand and eas- and county of San Francisco to pro- Arluke, and Patronek 1998). Most pet ily incorporate to keep the pets in vide animal care and control services, owners spent months agonizing over their new homes. Initially limited to the municipality was faced with sever- the decision and tried multiple venues those who had adopted from the DFL al problems. It had no shelter of its for finding the animal another home and aimed at reducing the recidivism own in which to house stray and before they drove to the shelter. Once rate of shelter adoptees, the program homeless animals, and it did not have there, the decision to relinquish the has now been expanded to include a general animal control program. pet was irreversible. additional prevention programs and The SF SPCA had given the city and Studies conducted by the NCPPSP to serve the broader petowning com- county enough notice and coopera- found that behavior problems and munity. Pet parenting classes, addition to make the transition work, and lifestyle issues are the top reasons for tional dog-training classes, and a some staff of the SF SPCA went to relinquishment of a pet. More than 90 stress reduction program have assist- work for the new San Francisco Ani- percent of individuals relinquishing a ed thousands of additional animals mal Care and Control agency to dog to the twelve shelters that partic- both inside and outside the shelter smooth the transition. ipated in the study had not invested (Rohde 2000). The situation in New York City was any time in training their dogs (Sal- The DFL and The HSUS also estab- quite different. The five shelters op- man et al. 2000). Focus groups spon- lished the Pets for Life National Train- erated by the New York City Center for sored by The HSUS and conducted by ing Center at the DFL’s facilities to Animal Care and Control were origi- research firm Jacobs Jenner and Kent instruct shelter staff from all over nally owned and operated by the revealed that pet owners who experi- the country in creating similar behav- ASPCA, which gave the shelters to the enced behavior problems with their ior assistance programs for their city. The city created a new nonprofit companion animals sought help with communities. organization to run them and most of resolving those issues, but often re- Handling less than one-quarter the the ASPCA staff who had worked in the ceived incorrect or inappropriate re- number of animals of the DFL, the shelters became part of the staff of the sponses from individuals not qualified Humane Society of Washington Coun- New York City Center (Fekety 1998). to deal with the pets’ problems. Most ty launched a “Petiquette” program, of these pet owners were desperate to similar to the DFL’s Head Start pro- find solutions that would keep the gram, which helped to identify and re- pets in their homes. Shelters were solve the problems that brought the usually the last choice for most pet animal into the shelter. The Society owners when relinquishment was nec- also offered dog training classes open essary. Almost unanimously, the focus to all dog owners in the community to groups felt that behavioral assistance keep animals in their homes. should be offered by animal shelters Towards the end of the twentieth and humane societies to help pet century, several shelters run by non- owners resolve their pets’ problems profit organizations that had con- (Jacobs 1999). tracted with their municipalities for animal control services reevaluated

From Pets to Companion Animals 77 deal with homeless animals was As the veterinary field changed to Sterilization “You can do more for animals by reflect the focus on animal-keeping, doing L.E.S.—Legislation, Educa- the tensions between the two com- Programs tion, and Sterilization.” munities on the issue of sterilization The HSUS, through Wright and her began to diminish. The veterinary stu- and Breeding staff, laid out a plan to attack pet dent population shifted from being Moratoriums overpopulation in communities predominantly male to being predom- As companion animal populations across the United States. Through the inantly female. The “feminization” of grew in all parts of the United States, passage of laws and ordinances such the veterinary profession, combined the number of animals entering ani- as differential licensing, The HSUS with the increase in pet-keeping mal shelters grew as well. Registra- believed that those who were not (which traditionally involves the tions of purebred dogs through the motivated to spay or neuter their pets women in the home as primary pet American Kennel Club grew from for population-control reasons would caregivers), has brought about 442,875 per year in 1960 to realize that the savings from lower increased cooperation between the 1,111,799,000 in 1980. For every licensing fees for sterilized animals veterinary and animal protection purebred dog born in the late 1950s could cover the cost of sterilization communities. and early 1960s, it was estimated over the animal’s life. Education pro- Current discussions between the that there was also one mixed-breed grams that explained the health and humane community and veterinary puppy born. behavioral benefits of sterilizing a pet organizations to reduce pet popula- Sterilization of companion animals, were juxtaposed with the conse- tions are focusing on early-age (or pre- and particularly of dogs, was usually quence of overpopulation in shelter— pubescent) sterilization (EAS) and not undertaken until the female ani- death. Lower fees for sterilization development of nonsurgical means of mal’s estrus cycles became a nuisance were urged to encourage those pet sterilization, particularly for feral or for the human family members. Ster- owners who were interested in having unsocialized populations of cats and ilization surgery was quite costly, con- their pets altered to have the surgery dogs. Some of the concerns with EAS sidered unnecessary, and often dis- performed. In the 1970s several cities have been the impact of sterilizing an couraged by the family’s veterinarian experimented with opening lowcost animal at eight weeks of age on long- until the female dog had given birth sterilization (as opposed to full-ser- bone growth, behavior, and inconti- to at least one litter or had experi- vice) clinics. The City of Los Angeles’ nence. Research to date has revealed enced several estruses. To do other- clinic, which opened in 1971, result- no deleterious effects. wise was considered unhealthy for the ed in a sea change in the attitudes of Early experiments in nonsurgical animal. Neutering of male dogs was private practitioners to surgical steril- alternatives to sterilization failed to almost never undertaken except in ization. Boston’s municipally owned provide promising results. But new cases of severe health problems. and operated clinic failed quickly. All research being undertaken looks As the costs for caring for the such clinics were vehemently opposed more hopeful. Neutersol, a zinc-argi- unplanned offspring of both pure- by veterinary organizations, many of nine drug injected into the testicles breds and mixed breeds grew, which believed that government had of male dogs for sterilization purpos- national animal protection groups no place in the veterinary field (Dal- es, is being tested at various sites and rallied to halt or reverse the bur- madge 1972). will probably receive acceptance from geoning growth in the number of Despite such setbacks, additional the U.S. Food and Drug Administra- homeless animals. Phyllis Wright, campaigns appeared in the 1980s. tion (FDA) in the near future. Several The HSUS’s first vice president for The HSUS launched “Be A P.A.L.— researchers are experimenting with a companion animal issues, believed Prevent A Litter” month. Friends of porcine zona pellucida (PZP) injec- that the impediments to reducing Animals expanded its program of issu- tion for sterilizing female dogs (see the number of unplanned births of ing sterilization certificates that “Fertility Control in Animals” in this dogs and cats stemmed from pet could be used at local participating volume). Recombinant zona pellucida owners’ ignorance of canine and veterinary clinics. Several local proteins synthetically produced in feline estrus cycles; from the high humane societies opened their own laboratories were to be tested in costs—whether real or perceived—of spay/neuter clinics to sterilize pets 2000–2001. having the sterilization surgery per- adopted from the shelter, as well as to Although the homeless dog popula- formed on pets; and from the lack of serve low-income pet owners. The tion in the United States is decreas- motivation on the part of owners Doris Day Animal League (DDAL) ing, the cat population is increasing. to have pets sterilized until after started Spay Day USA in 1995 and This should not surprise those munic- the unplanned puppies or kittens publicized the event heavily through ipal officials and others responsible had arrived. In the 1970s Wright’s other national, as well as local, for animal control who have resisted mantra to communities having to groups. It failed, however, to obtain attempts to regulate cat populations AVMA endorsement of the campaign. in the past. Many have turned a deaf

78 The State of the Animals: 2001 ear to repeated warnings from animal- emotional distance from the animals. protection advocates and now have to Euthanasia: The HSUS felt that the further the reconfigure housing and revamp laws technician was away from the animal and policies to accommodate more From “How To” during euthanasia, the greater the felines than canines. potential for error. The potential for Breeding moratoriums, or outright to “Should We?” callousness, overcrowding of cham- Early methods of animal destruction bans, are one such attempt proposed bers, and increased distress on the were crude and rarely met the criteria by animal advocates to lower pet pop- part of the animals was increased of “euthanasia,” from the Greek ulations. In 1990 the Peninsula Hu- when a worker could load a machine, euthantos, meaning “good death.” mane Society in San Mateo, Califor- flip a switch, and walk away. Death by gunshot, carbon monoxide nia, fired the opening round in the By the end of the 1980s, the exhaust gas, and drowning were not local overpopulation debate with a Euthanaire Company had gone out of uncommon in the United States in controversial advertisement carried in business, thirty states had passed the 1950s and unfortunately still the Sunday edition of the area news- legislation prohibiting the use of exist in some parts of the country fifty paper, reaching over 80,000 homes decompression chambers, and AHA years later. (Maggitti 1992). The four-page insert was supporting the use of sodium Moves by national humane organ- carried the headline “This is One Hell pentobarbital as the most humane izations to develop and implement of a Job…” and opened to show bar- method of destroying animals. AHA, more humane methods of destruction rels overflowing with the bodies of The HSUS, and AVMA were by 2000 began in the early 1970s. AHA worked dead animals, with the tagline “…And united in their preference for injec- with U.S. Air Force personnel and en- We Couldn’t Do It Without You.” The tion of sodium pentobarbital as the gineers to develop a chamber that ad called upon San Mateo County to means of providing an animal with would euthanize animals through hy- pass legislation that would prohibit the most humane death. poxia. Similar to the chambers used the breeding of dogs and cats until the In the early 1990s, the debate by Air Force pilots when testing the number of animals entering the shel- changed from how to to should we effects of rapid decompression on the ter and the number of those eutha- when the subject was the euthanasia human body, the Euthanaire™ cham- nized were substantially reduced. of homeless shelter animals. Al- ber was to accelerate the simulated Although the resulting legislation though no-kill shelters had been “ascent rate” within the chamber was substantially watered-down be- around for decades, the SF SPCA and from the 1,000 feet per minute used fore being passed, the concept of limits leader, Richard Avanzino, brought with humans to 1,000 feet per sec- iting deliberate breeding of animals the issue to national attention. ond. The Euthanaire was designed to jump-started the debate on whether Avanzino, who was known for his con- hold four to eight medium- to small- laws could reduce pet overpopulation. troversial and often groundbreaking sized animals and would cause their In 1992 The HSUS advocated a volun- stances on dog and cat issues, death in around fifteen minutes. tary breeding moratorium (Handy informed the city and county of San The HSUS opposed the decompres- 1993). Other national humane organ- Francisco in 1989 that, after one hun- sion chamber method of destruction izations, as well as dog- and cat-fancy dred years of contracting for animal and was not supportive of any me- groups, championed other ways of control services, the SF SPCA was chanical means of killing animals. It raising awareness about pet overpop- “getting out of the killing business” felt the most humane method of ulation. Several studies undertaken and would no longer destroy—by any destruction was through the injection by or on behalf of the NCPPSP have means—the city’s unwanted animals. of an overdose of a barbiturate, added to the understanding of the The city and county were given three preferably sodium pentobarbital. It breadth of the problem of homeless years’ notice to develop their own pushed to change laws that prohib- pets. But some of the more surprising program to do so. San Francisco Ani- ited trained lay personnel from items discovered by the NCPPSP were mal Care and Control was the result. administering barbiturates and also the low numbers of shelters keeping Taking the life of any animal is dif- advocated for laws that would allow accurate data and the absence of a ficult to explain to the public, and, shelters to be licensed to purchase so- definitive and accurate listing of U.S. given a choice, it is assumed that dium pentobarbital. shelters (NCPPSP 2000). most animal lovers would rather give AHA believed that killing animals their financial support to a shelter was an emotionally difficult and that does not euthanize animals than sometimes dangerous job and that to one that does. Regardless of the shelter workers charged with the task level of financial support given a shel- should be as physically removed from ter by its municipality, that support the actual killing as possible. The use rarely covers the costs of implement- of chambers, according to AHA, pro- ing progressive animal care and con- vided the worker with physical and trol programs. The loss of charitable

From Pets to Companion Animals 79 dollars from donors who find euthana- Claire Rappaport, a human welfare sia an unacceptable tool in battling advocate, as questioning the appropri- From pet overpopulation is a threat that a ateness of such a large donation for growing number of humane society homeless animals when human suffer- “Property” to boards of directors have not been willing and homelessness still exists in San ing to challenge. Francisco (Richardson 2000). “Individual” Companion animals, like most non- In 1995 Avanzino extended the SF Journalist Todd Foster investigated human animals, have had legal rights SPCA’s no-kill philosophy to the en- no-kill shelters for Readers Digest and or status under the law only as prop- tire city and county of San Francisco. concluded that a number did not erty. Basic anticruelty statutes, in- He worked with the board of supervi- function humanely and often ne- cluding the Massachusetts Bay Col- sors to pass the Adoption Pact, which glected the care of the animals they ony’s Bodies of Freedoms, which called for San Francisco County Ani- were trying to “save,” overcrowding prohibits the abuse of animals, were mal Care and Control to relinquish all them in cages or turning away ani- promulgated to protect the animal unclaimed “adoptable” animals to mals when the shelters were full, only owner’s interest rather than to pro- the SF SPCA, where they would live to have other shelters euthanize them tect the animal. Massachusetts’s anti- until they were adopted. In 1997 due to lack of space (Foster 2000). cruelty statutes, for example, make Avanzino declared the Pact to be a The controversy over no-kill facili- killing or beating one’s own animal a complete success and declared San ties has had some positive results. It misdemeanor, but killing or abusing Francisco to be the United States’ has caused many shelter boards of an animal of another—destroying his first “no-kill” city. directors and executive directors to property—is a felony. Since then, other cities have passed reexamine their mission, goals, and Several attempts have been made resolutions or statements declaring roles in the community. It has empow- in recent years to change the status their intention to follow in San Fran- ered some humane societies in their of companion animals under the law. cisco’s footsteps. Austin, Texas, the negotiations with tight-fisted munici- One of the earliest cases involved a County of San Diego (California), and palities, which feared that, if they did San Francisco pet owner’s right to Pittsburgh, Pennsylvania, among oth- not provide adequate financial sup- determine the disposition of her ani- ers, have declared their goal of becom- port, they would face the unwelcome mals after her death. Sido’s owner ing no-kill jurisdictions. Several cities prospect of providing all the services had established in her will that upon have been served notice by their local residents had come to demand. the owner’s death any animals living humane societies that their contracts The debate has encouraged hu- with her would be euthanized. Ex- to provide animal control services will mane organizations to be more inno- pecting to live a long life and thinking not be renewed. Some have given a vative and assertive in solving pet that her pets would be similarly advanced in age, the pet owner did few years’ notice of their intentions, overpopulation and pet relinquish- not want her pets to languish in a but others have withdrawn with little, ment problems. Sterilization prices shelter waiting to be adopted, nor did if any, notice. In New York, Ulster have been lowered and spay/neuter she want them to go through the County SPCA abruptly severed its clinics put on the road to serve a trauma of trying to adjust to new agreement with the county and left wider pet-owning community. “Open home at the end of their lives. The pet animal control officers with no place admission” shelters are doing more owner did not provide for an alterna- to take stray animals. to keep animals in their original tive in case she died prematurely The debate over no-kill (or “limited homes by providing training classes, while her pets were quite young, -admission”) shelters versus “open behavior helplines, and leads on pet- which is precisely what occurred. admission” shelters has pitted animal friendly housing to help remove barri- Richard Avanzino felt that Sido advocates against each other. Charges ers from owners and pets in building should not be euthanized simply be- of manipulating statistics and shift- lifelong bonds. cause his owner had suffered a prema- ing definitions of “adoptable,” “treat- ture death. So Avanzino and others able,” and “non-rehabilitatable” ani- went to court to challenge the terms mals have been flung back and forth of the will as it pertained to the pets by groups attempting to seize the and to petition to be awarded custody high ground in a debate over a diffi- of Sido for the term of his life. The cult, thankless task. court ruled in favor of saving Sido’s In 1999 David Duffield, founder of life. The dog lived out his years at the the PeopleSoft company, donated SF SPCA, in Avanzino’s office with free $200 million to create Maddie’s Fund, access to the rest of the shelter. which was to distribute the money When pet owners have sued veteri- throughout the United States to help narians in wrongful death or malprac- every community become a no-kill com- tice cases in which the negligence or munity. Philanthropy magazine quoted

80 The State of the Animals: 2001 misdiagnosis and treatment of a pet “guardian” instead. In Boulder own- membership at a health club. Cats, has resulted in the pet’s death, courts ers are now guardians. often thought of as low-maintenance traditionally have awarded little or no As animal rights evolve, and partic- pets, are now the pets of choice for money to the grieving pet owner. Any ularly as the role of companion ani- busy working women. damages awarded were based on the mals in the lives of humans is studied Cats now pose the greatest chal- value of the animal as determined by and evaluated, the status of dogs and lenge to animal shelters, humane so- the amount the owner had paid to cats will continue to be elevated. cieties, veterinarians, and other ani- purchase the animal. Therefore, a Their days of being thought of as sim- mal-related organizations. Most state “free to good home” pet, a stray that ply property are truly numbered. and local laws do not include cats in had been taken in, or an animal their animal control statutes. The adopted from a shelter, in the court’s sheltering community failed to pre- view, had little or no monetary value. The Status dict and plan for the increased num- The owner who tried to establish bers of both owned and unowned cats. emotional value and therefore recov- of Cats Shelters constructed in the late 1970s er for pain and suffering at the loss of The APPMA has commissioned sur- and throughout the 1980s still allotted his pet was laughed out of court. veys of pet owners every two years more runs and kennels for dogs than But that, too, is changing. Several since the late 1970s. These surveys cages for cats. Policies that required cases concerning the death of pets in are used by APPMA’s membership to sterilization of dogs and puppies the care of veterinarians, groomers, forecast trends in pet ownership to adopted from the shelter often failed boarding kennel owners, and trans- better prepare for the pet owners’ to mention cats. Holding periods for porting airlines have awarded pet needs for pet food, collars, leashes, stray cats, whether mandated by law owners large sums of money for the cat litter, and toys. In 1978, when or through shelter policy, were rarely owner’s emotional suffering. 31.7 million households owned dogs as lengthy as those for stray dogs. Animal shelters have been put in a and 16.2 million households owned Some communities tried licensing difficult position in the debate over cats, APPMA profiled the typical dog programs. One of the first was Char- the position of companion animals as owner: a large family with children lotte/Mecklenberg County, North property. In many instances, the stray and with an average annual income of Carolina, in 1980. While initially criti- dog or cat turned in to a shelter ben- $12,000–$25,000. The APPMA con- cized by the media and by cat owners, efits from being considered property. sidered cat ownership so insignifi- the program slowly began to gain If his original owner does not claim cant that a profile was not even estab- credibility. Twenty years later, Char- the animal in the prescribed period of lished (APPMA 1978). Twenty years lotte was licensing more than 39,000 time established by law, the animal is later, APPMA did profile the typi- cats and had increased its cat-return- deemed “abandoned property” and cal cat owner: a single woman living to-owner rate by 2.4 percent. But the becomes the property of the shelter. in the city with an income lower than battle to increase responsibility among The shelter then has the right to dis- that of the dog-owning family. cat owners through licensing laws pose of its property as it sees fit. For The fact that in 2000 the United was far from over. responsible, caring shelters, this States was a nation of cat owners It is estimated that there may be as means the animal will be evaluated should surprise no one who has fol- many as one feral cat for every owned and then either placed in a new home lowed other U.S. social trends. In cat in the United States. To curb the or euthanized. 1958 37 percent of adult women growth of unowned, unsocialized, or In an effort to change the status worked outside the home. In 1998 60 feral cats within a community, most quo of animals as property, several percent of adult women did so. More municipalities have relied on trap- humane societies and animal protec- than 50 percent of households in the and-euthanize programs, typically tion organizations have in their adop- United States in the 1990s were head- carried out by frustrated homeown- tion contracts, newsletters, and policy ed by single mothers. The woman in ers. Attempting to trap and euthanize statements begun to refer to the keep- one- or two-adult household is the all of a community’s unwanted cats ers of dogs and cats as “guardians” primary person responsible for the has been a failure. The traps end up rather than “owners.” Other commu- family pet’s veterinary care, feeding, being sabotaged by well-meaning peo- nities have changed the terminology exercising, and grooming and is the ple. Most communities are still con- ducive to ferals (providing a ready in their local ordinances to better primary decision maker when choos- supply of food from restaurant trash reflect the relationship that compan- ing the species of the family pet. bins or feral cat caregivers and a mod- ion animals and their caregivers The profile of the typical U.S. fami- icum of safety from cars, weather, and enjoy. San Francisco and Boulder, ly has changed—from having 2.3 kids dogs) so “trapping out” one colony Colorado, have both considered and living in detached houses with just leaves room for a new one. amending their statutes to remove all large backyards for the dog to having In San Mateo County, California, a one child and living in townhouses on references to “owner” as it applies to feral cat pact was established between companion animals and to substitute postage-stamp lots with a cat and a

From Pets to Companion Animals 81 the humane society, which contract- and increased frustration with house- campaign which incorporated several ed with the county and several cities soiling or other preventable problems existing campaigns, such as promo- for animal control, and feral cat care- cause the pet owner to make the tion of pet sterilization, with new pro- givers. In the first three years of the decision to remove the animal from grams that focused on eliminating program, more than 200 colonies his home. Some shelters, seeing bond-breakers or barriers that pre- were registered, representing a total increased numbers of “teenage” ani- vent people from developing and of just under 2,000 feral cats. Over mals enter their facilities, as well as building lifelong bonds with their new this time period, the number of feral more pets who have already been pets. The campaign concentrates on cats was reduced by 29 percent, pri- spayed or neutered, have decided that five major areas: housing issues (poli- marily by the identification, removal, spay/neuter programs alone will no cies which restrict or prohibit pets), and adoption of socialized animals. longer provide the answer to ending human health issues (pets and human The humane society sterilized more pet overpopulation. To attack the new allergies, zoonotic diseases and im- than 1,400 of the remaining ferals reasons for companion animal home- muno-compromised pet owners, and and reached an agreement to manage lessness, programs beyond low-cost cats and pregnant women), lifetime a feral cat colony within the a local sterilization had to be created. commitment (educating pet owners nature park. Veterinary student Alexa Dowdi- on the costs of pet care and the life Hawaiian Humane Society (HHS), chuk and co-researcher John Wen- span of dogs and cats), animal health in conjunction with the City and strup found that many shelters had (preventive health care, including County of Honolulu, passed a com- not carefully analyzed the true causes sterilization) and behavior (house- prehensive Cat Protection Act in for relinquishment of young, healthy soiling, scratching/clawing digging, 1995 to curb the island of Oahu’s bur- animals to their facilities and were vocalizing, etc). geoning stray cat population. With a investing all of their time and re- Additional programs will work on a combination of resources from muni- sources into traditional overpopula- national basis to eliminate other bond cipal and private funds, HHS worked tion solutions of sterilization and edu- barriers by educating housing man- with local veterinarians to offer low- cation on spaying and neutering. agers on responsible pet ownership cost or free sterilization to cat owners Dowdichuk concluded that if those guidelines and human health care and caregivers. As of June 1999, the same resources were redirected to- providers on protecting patient health program had sterilized more than ward behavior counseling, dog train- while keeping the pet in the home. 11,828 cats. ing, and other programs that assist pet owners with integrating a new pet into the home, fewer animals would Spaying and Challenges, be relinquished or returned to shelters (HSUS 2000). Neutering Conflicts, To test the theory that behavior Although the number of animals en- and Victories assistance programs readily available tering animal shelters continues to “Unwanted litter” or “unplanned to pet owners can change the future decrease, animal protection organi- pregnancy” are rarely the reasons giv- for animals whose owners are on the zations can not afford to decrease their emphasis on and commitment en for surrendering an animal to a verge of relinquishing them because to sterilization. shelter. Human lifestyle issues, such of “curable” behavior problems, The Pediatric, prepubescent, or the pre- as “no time,” “allergy,” or “moving,” HSUS contracted with a research firm viously mentioned early age steriliza- or animal behavior problems are the to conduct focus groups around the tion (EAS)—the spaying or neutering new challenges to shelters trying to country. Pet owners who were experi- of animals at eight weeks of age or at keep animals in their original homes. encing or had experienced behavior two pounds—was introduced by Dr. According to studies conducted in problems with a pet were asked about their pets’ offending behaviors, steps Leo Lieberman in 1987. Research the late 1990s by the NCPPSP and oth- conducted by Lieberman and others er researchers, behavior issues are a they had taken to address those behaviors, sources or individuals to found that young animals could be major factor in a pet owner’s decision successfully and safely sterilized to remove a pet from the home. Al- whom they had turned for advice, and the outcomes of their efforts. Over- under controlled conditions and though the pet owner may list such recover from the surgery in shorter other reasons as moving to a new whelmingly, respondents reported frustration at receiving inaccurate or time periods than animals six months home or allergies of family members, of age or older (Lieberman 1998). as the primary motivation for relin- incomplete advice or failure in finding sources for advice on their pets’ Subsequent research by The Universi- quishment, further investigation of ty of Florida College of Veterinary the animal’s life in the home often re- particular behavioral problems. Based on this research, as well as Medicine and Texas A&M University, veals a different cause for surrender- which examined such issues as long- ing the animal. Lack of basic training other data, The HSUS launched the Pets for Life project, a broad-based bone growth, urinary incontinence,

82 The State of the Animals: 2001 and behavioral changes, revealed lit- won’t be contributing to the commu- that most local humane societies had tle or no increase in occurrence in nity’s pet overpopulation problem. no law enforcement powers and that the animal sterilized at eight weeks of The acceptance of sterilization as no local humane organizations have age as compared to those who under- an important aspect of owning a pet interstate legal powers. The result went surgery at the traditional age of increased dramatically throughout would have been zero enforcement to six months (Howe 1999). the United States from 1975 to 2000. accompany zero funding. (Congress The AVMA initially expressed reluc- APPMA and AVMA surveys showed restored the funding but never tance in accepting prepubescent ster- that most pet owners didn’t want an increased it despite the fact that addi- ilization, citing a lack of empirical intact animal in their home (NCPPSP tional licences were granted annually.) data indicating few or no adverse 2000). Data showing that intact male Criticism of the American Kennel long-term effects on animals. It dogs are more likely to bite than Club’s role in puppy mill proliferation adopted a resolution of support for neutered dogs drove many reluctant has centered around the income it EAS for shelter animals in 1998. pet owners to castrate their dog for receives from large commercial Eventually, at the urging of its animal that reason alone. breeding establishments (Derr 1990). welfare committee, the AVMA’s exec- Surgical sterilization will most like- Many breeders feel that it should do utive board removed the shelter qual- ly continue to be the method of more to ensure that only the best ifier from its support of early-age ster- choice for controlling breeding in the quality animals carry an American ilization. With the blessing of the United States and wherever veterinary Kennel Club registration and should AVMA, humane organizations and anicare is readily available. In developing do more to force the puppy mills out mal care and control agencies are countries, less invasive methods that of business. The American Kennel hoping that sterilization-at-adoption can be delivered by non-veterinarians Club maintains that it is not a quality- will become standard practice at shel- hold the key to solving animal control assurance organization and can ters across the country. and pet overpopulation problems. therefore not guarantee the health or New York City hoped to take early- Research is progressing on several quality of animals that carry the age sterilization of newly acquired nonsurgical methods for permanently Club’s registration. animals a step further. Under an ordi- sterilizing dogs and cats. Focus groups conducted by Jacobs nance passed in 2000 and backed by Jenner and Kent for The HSUS in the New York City Center for Animal 1997 found that people who purchase Care and Control and other humane puppies from pet stores were fully organizations, city pet stores and ani- Future aware of puppy mills’ existence, but mal shelters were required to spay or the majority had convinced them- neuter all animals purchased or Challenges selves that their new dog didn’t come adopted from them. The new law from a puppy mill. It is likely that the spurred other communities to consid- Puppy Mills, Humane er proposing similar laws, although it Organizations, vast majority of the 500,000 puppies is being challenged in court by the sold in pet stores (Patronek and Pet Industry Joint Advisory Council. and the American Rowan 1995) originate in large com- While many breeders had relied on Kennel Club mercial dog-breeding establishments, or puppy mills. spay/neuter contracts that required Humane organizations have fought for New appointments and reorganiza- proof of surgery before sending the years to improve enforcement of the tion of USDA APHIS in 2000 im- new owner American Kennel Club Animal Welfare Act (AWA) and to force proved the situation for some animals registration papers for pet-quality a shake-up within the U.S. Department in puppy mills. Increased training, puppies, some breeders found that of Agriculture’s Animal and Plant more intensive scrutiny of licensed compliance was spotty. Some of these Health Inspection Service (USDA dealers, and a stronger commitment breeders are now having their puppies APHIS) to ensure that caring, compe- on the part of the USDA hierarchy to spayed or neutered at eight weeks of tent staff will take seriously the cast out the bad apples resulted in age before the puppies are placed in agency’s congressional mandate to many areas of change, including hefty new homes. protect animals, including dogs in fines and penalties and the closing of Shelters have found that steriliza- puppy mill operations. During the some of the worst puppy mills. Thou- tion at adoption greatly reduces their Reagan administration (1980–88) the sands of animals, however, still lan- paperwork and staff time for adoption Office of Management and Budget guished in puppy mills. compliance follow-up. Sterilizing the (OMB) requested zero funding for animal before he leaves the shelter enforcement of the AWA provisions, does not satisfy all of the adoption reflecting the Reagan Administration’s contract provisions, nor does it assure philosophy that enforcement would be the animal of a life-long home, but it better carried out by local humane does assure that the adopted animal societies. OMB overlooked the fact

From Pets to Companion Animals 83 Lions, Tigers, Bears, Although most state laws require pet stores to put warnings on reptile Literature Cited (and Iguanas) displays to advise parents of the risks American Pet Products Manufacturer At the turn of the millennium, a new of salmonellosis transmission from Association (APPMA), Inc. 1978. wave of exotic pets pushed many shel- reptiles to children, most warnings go National family opinion survey for ters to the edge in terms of resources unheeded. As a result, some shelters the American Pet Products Manu- and staffing. Pet stores and want-ads refuse to place reptiles, particularly facturers Association. Greenwich, had long offered more than just dogs iguanas, in homes with children un- Conn.: APPMA. and cats to anyone with enough cash der twelve years of age. Centers for Disease Control and Pre- to buy an animal, but the new exotic vention. 2000. PHLIS surveillance pet posed multiple challenges to ani- data: Salmonella. Available: www. mal care and control facilities and Into the Future cdc.gov/ncidod/dbmd/phlisdata/ humane organizations. Among the most pressing challenges salmonella.htm U.S. shelters were trying to find in the twenty-first century for advo- Dalmadge, G. 1972. Adoption pro- ways to care for and offer for adop- cates of companion animals will be to grams: Quality or quantity. Shop tion, when justified, rabbits, guinea continue the progress made in reduc- Talk, December, 19. pigs, hamsters, gerbils, sugar gliders ing the uncontrolled breeding of dogs Derr, M. 1990. The politics of dogs. (flying squirrels), hedgehogs, and and to translate that success to the The Atlantic Monthly, March, pp. reptiles and amphibians that ranged feline population. Creative solutions 49–72. from tiny lizards and turtles to giant to cat control that include all stake- DiGiacomo, N., A. Arluke, and G. pythons and boa constrictors. holders—animal control, feral cat Patronek. 1998. Surrendering pets Shelters found themselves playing caregivers, breeders, wildlife advo- to shelters: The relinquisher’s per- host to lions, tigers, leopards, bob- cates, veterinarians, and municipal spective. Anthrozoös 2(1), pp. cats, and jaguars when the animals officials—will have to be developed to 41–50. had become too much for their own- ensure that success is long-term and Fekety, S. 1998. Personal communica- ers to care for or had been confis- supported by the majority. tion. Animal Shelters Consultation cated by police. Some had to add staff More veterinarians are entering the (ASC) for the Center for Animal and space to accommodate a never- field of animal behavior and are anx- Care and Control for the City of ending stream of large exotic cats. ious to work with dog trainers and New York. Report. May. Weak laws regarding the keeping of shelters to resolve behavior problems. Foster, T. 2000. Are these animal wild exotic animals put a tremendous Shelters will realize that the best way shelters truly humane? Readers burden on shelters, which were never to cut euthanasia rates and increase Digest, April, pp. 103–108. intended to house and care for these successful adoptions is to work with Handy, G. 1993. A moratorium on species. Questions of jurisdiction over animal behaviorists, veterinarians, breeding: The best way to stop the these animals when it came to confis- and dog trainers to ameliorate the killing is to stop the breeding. Shel- cating, caring for, and disposing of effects of animal behavior before the ter Sense, March, pp. 3–7. them made it imperative that com- pet owner’s frustration becomes Howe, L. M. 1999. Prepubertal munities clearly define parameters insurmountable. gonadectomy in dogs and cats, Part for keeping wildlife. Other barriers to building and I. Compendium on Continuing Edu- In 2000 the USDA issued a state- maintaining a strong bond with com- cation for the Practicing Veterinari- ment urging states to pass laws to panion animals will fall by the way- an, 21(2): 103–111. prohibit the keeping of large exotic side. Landlords and housing man- Humane Society of the United cats, citing multiple cases of human agers are already finding out that States (HSUS). 1985. IRS clears injuries and instances of animals be- blanket no-pet policies rarely work Michigan societies’ full service and ing poorly and/or cruelly treated. and that responsible pet owners are spay/neuter clinics. HSUS News, In 1999 the Centers for Disease good tenants. Obstetricians, aller- Winter, p. 36. Control and Prevention released data gists, oncologists, and gerontologists ——————. 2000. Making the showing a marked increase in salmo- who dispense faulty or outdated infor- numbers count. Animal Sheltering, nellosis in young children (Centers for mation about pets and disease trans- July/August, page 2. Disease Control and Prevention mission and injury will have to re- Jacobs, W.H. 1999. HSUS campaign 2000). This increase was directly think their advice if they want to keep to protect dogs and cats. Research correlated to the increased incidence patients who are convinced that life is report. Jacobs Jenner and Kent. of keeping iguanas as pets. All reptiles worth living with a pet. December. carry the salmonella bacterium, and children under eight are particularly susceptible to salmonella infection.

84 The State of the Animals: 2001 Lieberman, L. 1998. A case for neutering pups and kittens at two months of age. Journal of the Amer- ican Medical Association 191(5): 518–521. Louisiana Society for the Prevention of Cruelty to Animals and the City of New Orleans v. Louisiana Board of Veterinary Medicine, 89-C-2689 Consolidated With 89-C-2709 (1990). Jan. 19, 1990. Maggitti, P. 1992. A banner ordinance for San Mateo. Cats Magazine, March, pp. 21–23. National Council on Pet Population Study and Policy (NCPPSP). 2000. The Shelter Statistics Survey, 1994–1997. Publications Resulting From National Council on Pet Pop- ulation and Policy. Available: www. petpopulation.org. Patronek, G. and A.N. Rowan. 1995. Determining dog and cat numbers and population dynamics. Anthro- zoös 8: 199–205. Richardson, V. 2000. Going to the dogs. Philanthropy, April, 18. Rohde, R. 2000. Denver Dumb Friends League. Available: www.ddfl.org/ tips.htm. Salman, M., J. Hutchison, R. Ruch- Gallie, L. Kogan, J. C. New Jr., P. Kass, and J. Scarlett. 2000. Behav- ioral reasons for relinquishment of dogs and cats to 12 shelters. Jour- nal of Applied Animal Welfare Sci- ence, 3(2): 93–106.

From Pets to Companion Animals 85

Farm Animals and Their Welfare 5CHAPTER in 2000

David Fraser, Joy Mench, and Suzanne Millman

Introduction umans use far more animals a central role in determining how mals, human society, and the environ- for agricultural production farm animals are treated. As a conse- ment. At the same time, the public is Hthan for any other purpose. quence of real or perceived economic bombarded with polarized, simplistic Worldwide 1.9 billion cattle, sheep, constraints, people have developed depictions of animal agriculture both and swine, and 39.7 billion chickens many animal-production practices by its opponents and by its defenders. and turkeys, were slaughtered in that would not be considered accept- The result is a public misinformed 1998 (UN Food and Agricultural Or- able if used with other types of ani- about the issues despite their great ganization [FAO] 2000). Many other mals. For example, confining animals importance. In this chapter we review species are farmed for food or fiber in for many weeks at a time in such a the major changes that have occurred smaller numbers, including agouti way that they cannot walk or turn in animal agriculture since 1950, and capybara, alligators, alpaca and around would not be tolerated for zoo mainly in the industrialized coun- llamas, bison, deer, emus and ostrich- or companion animals but is a com- tries; the resulting implications for es, goats, iguanas, pheasants, pi- mon practice with pregnant sows. animal welfare; and the factors that geons, quail, rabbits, and waterfowl. Farm animals have been a tradi- have contributed to these changes. The most rapidly growing segments of tional concern of the modern animal the agricultural industry are probably protection movement. In the early aquaculture and mariculture (the 1800s, when the movement emerged The Revolution farming of fish, shellfish, and other as a significant sociopolitical force in aquatic animals), which now produce the United Kingdom, its first priority in Animal more than 20,000 metric tons of food was protection of farm animals, with annually, according to the FAO. Ani- particular emphasis on cattle and Production mal agriculture also generates many horses. Subsequently priorities important byproducts, including gela- changed, and throughout most of the Animal Numbers tin, hides, horn, inedible fats used for 1900s, animal protectionism in Eu- and Distribution industrial purposes, meat and bone rope and the English-speaking world The world’s human population has meals, manure, and medicinal prod- focused more strongly on the use of increased by about 2 percent per year ucts. In developing countries buffalo, animals for scientific research and on for the last forty years, with most of camels, and cattle are widely used for the rescue of abandoned or ill-treated that increase occurring in the devel- draft power as well as for food. companion animals. Today, however, oping countries. As the population From an animal welfare viewpoint, with vigorous public debate over ani- has increased, so too have the con- farm animals present unique chal- mal agriculture and its effects, farm sumption of animal products and the lenges. The primary purpose of farm- animals are re-emerging as a major numbers of animals raised for agricul- ing, whether of plants or animals, is subject of humane concern. tural production (Figure 1a,b). Poul- to produce abundant, high-quality, Such attention is timely. Animal try production has shown the largest and competitively priced products for agriculture is undergoing significant increase and, in the United States at human consumption. Consumer pref- restructuring worldwide, with major least, consumption of poultry has con- erences and economics therefore play and complex implications for ani- sistently increased as consumption of

87 produce about 30 percent of the total world production of milk, although the dairy cow populations in the Unit- ed States are actually low when compared with those of many other countries; high U.S. production is due to high production per cow. Overall, China produces one-third of the world’s meat supply, followed by the United States and the European Union, producing approximately 15 to 20 percent each (USDA National Agricultural Statistics Service [NASS] 2000). Animal products play a major role in the economy of many countries. In the United States for example, the value of farm animal products was more than $95 billion in 1999, with about $11.2 billion of that total due to exports (USDA Economic Research Service [ERS] 2000a). Housing and Handling Methods Until about 1950 farm animals in industrialized countries were raised using traditional methods that relied on labor to accomplish routine tasks such as feeding and manure removal, and that generally involved keeping animals in outdoor or semi-outdoor environments. (Beef cattle and sheep are still kept in this way, at least during most of their production cycle.) After World War II, however, there emerged a new generation of technology typically called “confinement” or “intensive” animal production. Inten- sive production systems use hardware and automation instead of human labor for many routine tasks, and the animals are generally kept in specialized indoor environments. In industri- red meat has tended to decline (Fig- Science and Technology 1999). alized countries, confinement rearing ure 2). Animal products currently Specific types of animal agriculture is now the norm for poultry and contribute 10 percent of the calories tend to be concentrated in specific swine, while dairy cattle are generally eaten by people in developing coun- countries or regions of the world. The kept in semi-intensive systems where tries and nearly 30 percent of the calo- United States produces about one- the animals have access to a paddock, ries eaten in industrialized countries fourth of the world’s beef and veal; cement yard, or pasture for at least (FAO 1994). By 2020 global demand China is by far the world’s largest part of the year. Worldwide, intensive for meat is projected to increase more pork producer (Figure 3). The United animal-production systems account- than 60 percent over current con- States produces more than 30 per- ed for 79 percent of the poultry, 39 sumption, with 88 percent of this cent of the world’s poultry meat, and percent of the pork, and 68 percent of increase resulting from higher total China and the United States are the the eggs produced during 1996 (Sere meat consumption in developing world’s leading producers of eggs. and Steinfeld 1996). countries (Council for Agricultural The United States and India together

88 The State of the Animals: 2001 J. MENCH Figure 4. Laying hens in a battery-cage system

ed in the United States by a nationwide “Chicken of Tomorrow” contest) produced strains of chickens suited to either egg-laying (layers) or meat production (broilers). Cage housing systems were developed for layers that allowed better environmental control, including control of the amount of light necessary to stimulate higher levels of egg production. Most laying hens in North America are now housed in cages (Figure 4), although in response to animal welfare concerns, some countries have Poultry peratures, and predators. Egg pro- moved toward providing more exten- Poultry production is the most highly duction was largely seasonal, and sive housing, either on range or in intensified of all the agricultural in- poultry meat was available mainly housing systems similar to those used dustries. In the 1950s hens were kept when the hens were “retired” from for broilers. Wire “battery cages” are in small flocks outdoors on range. egg-laying and sent to the processing arranged in rows and tiers (or batter- The death rate could be high because plant. A major, and highly successful, ies), with sloping floors that allow of soil-borne diseases, extreme tem- push to use genetic selection (initiat- eggs to roll to the front for collection. There are many different designs, but a typical cage houses three to ten hens, and a typical house contains thousands to tens of thousands of cages. Feeding, watering, and egg and manure collection are all automated. Hens are housed in these cages from the start of lay at sixteen to eighteen weeks of age through one or more laying cycles. Egg production begins to decline as hens age, so if the hens are to be kept after the end of their first laying cycle (at around seventy weeks of age), they are stimulated to resume higher egg production by “forced molting,” which induces them to replace their feathers. Forced molting is accomplished by depriving the hens of feed, usually for eight to twelve days or until they lose 30–35 percent of their body weight. Egg production ceases for a period of one to several weeks during

Farm Animals and Their Welfare in 2000 89 period to four to six hours per day. At twenty-two weeks of age, males and females are housed together, often in flocks of ten thousand birds, and hatching eggs are produced. As with table-egg production, hens may be force-molted for a second or third laying cycle. Turkeys are produced similarly except that artificial insem-

ination is necessary because the T. HARTSOCK HSUS/M. FOX Figure 7. Figure 5. males are so large, due to genetic Pregnant sows are commonly housed in Commercial broilers are usually housed in selection for growth, that they cannot "gestation crates"; this technology has now floor systems, sometimes in groups of mate normally. been banned in the United Kingdom. 10,000 or more birds. the molt, then the hens resume high- ing by other pigs. Male piglets are sur- er rates of egg production for a sec- gically castrated, without anesthesia, ond, or even a third, laying cycle. to prevent “boar taint,” an unpleas- Hens generally have the distal third ant odor in the meat. Piglets are usu- or half of their beaks removed (called ally weaned at three to four weeks of “beak trimming”) to prevent injuries age. Recently, however, there has due to pecking, and they may also been a trend toward “segregated early have part of their toes removed so weaning,” removing the piglets earli- that they do not scratch one another. er to an environment some distance from the sow. This isolates piglets Beak and toe trimming are usually HSUS/M. FOX performed when chicks are one to Figure 6. from many disease pathogens while two weeks of age, using a hot blade to A sow in a farrowing crate with her piglets. they are still protected by maternally cauterize the tissues. Male chicks derived immunity, thus reducing the have no commercial value and are Swine risk of disease and the associated considered a by-product of the egg Swine production in North America slowing of growth later in life. industry. In 1998 219 million chicks has seen a strong trend away from After the piglets have been weaned, were killed in the commercial laying pasture production on small farms the sows are bred by either natural industry in the United States (USDA toward large-scale confinement sys- mating or artificial insemination. NASS 1999c), usually in a high-speed tems. Pigs may be kept in one facility During pregnancy, sows are fed a limited amount of food to prevent obesi- macerator or by gas within twenty- from farrowing (birth), through the ty. Formerly this was often achieved four hours after hatching. “growing” phase (to a weight of about by keeping sows in groups and mov- Broiler chickens are housed in ninety lbs.), to “finishing” (market weight), or different facilities may be ing them each day into individual large groups (usually tens of thou- feeding stalls where dominant animals sands) in either completely or partial- used for different phases. During farrowing each sow is usual- could not monopolize the food. Today ly enclosed buildings on a floor cov- individual feeding is usually achieved ly confined to a “farrowing crate” ered with bedding (Figure 5). Feeding by housing sows in individual stalls or large enough to permit her to stand, and watering are automated. Broilers “gestation crates” for most of their grow rapidly and are marketed at lie, and nurse the piglets, but not from three to twelve weeks of age. large enough for her to turn around Broiler chickens are usually not beak (Figure 6); the piglets, attracted to trimmed, although “broiler breeders” warmth, are induced to rest in a pro- (the parent birds that produce broil- tected, heated area to the side or ers) are both beak- and toe-trimmed. front of the crate in order to reduce Broiler breeders are reared to sexu- the risk of their being crushed by the al maturity in houses similar to those sow. Newborn piglets have their “nee- used in broiler production. However, dle teeth” (deciduous canines and to prevent fertility problems associ- corner incisors) clipped short to pre- ated with obesity, broiler breeders are vent injuries to other piglets; they severely feed-restricted. This can lead may be ear-notched or tattooed for HSUS/M. FOX to excessive drinking; hence, to pre- individual identification; and their Figure 8. tails may be clipped short (“docked”) Growing and finishing pigs are usually vent problems with wet litter, water is housed in groups until they reach market often restricted during the rearing to prevent later damage from tail bit- weight at about six months of age.

90 The State of the Animals: 2001 pregnancy. To conserve space in the barns in which each cow is confined the United Kingdom) but not by oth- facility, crates provide only enough to an individual stall and held by a ers. Tail docking of dairy cattle is room for the sow to take about one neck chain, strap, or stanchion such increasingly common in Australia, step forward and back and not that she can lie down but cannot turn New Zealand, and North America; it is enough to walk or turn around (Fig- around. The stalls are usually bedded usually performed by placing a tight ure 7). Boars are generally housed in or covered with a rubber mat. The rubber ring around the tail several individual pens or stalls to prevent cows may be released from the stalls inches below the base, whereupon the aggression. for milking, or they may remain in constricted portion of the tail dies Market pigs are housed in groups their stalls and be milked by a mobile and falls off after several days. The during the growing and finishing milker. In some regions of the United ostensible reason for tail-docking is phases (Figure 8), typically in totally States, dairy cattle are managed in to improve hygiene and udder health, or partially enclosed buildings, “dry lot” systems (Figure 9), where but there is little evidence that dock- although they may sometimes be fin- several thousand cows are housed in ing has these effects. Docking does, ished on pasture. The buildings typi- outdoor padocks with a central par- however, make milking easier in milk- cally have flooring constructed of lor for milking. ing parlors in which cows are milked concrete with slats (sections of solid Dairy cows are usually bred by arti- from the rear. floor alternating with slots that allow manure to fall into a pit below) cov- ficial insemination. Since the cow’s ering some or all of the floor area. milk production is intended for hu- Manure is usually moved as a liquid to man consumption, most calves are outdoor lagoons or sealed tanks and weaned within twenty-four hours of held for several months before being birth (USDA APHIS 1996). Heifers sprayed on the land. Bedding materi- (female calves) are often raised on als, such as straw, are not generally the dairy farm as replacement ani- used in these liquid-manure systems. mals for the milking herd. However, about one-fifth of large operations Dairy cattle (those with more than two hundred cows) contract the rearing of heifers HSUS/M. FOX Dairy cattle are usually housed in Figure 10. semi-intensive systems involving to other farms (USDA APHIS 1996). In the United States and Canada, most beef some combination of indoor and out- When young, calves may be kept in animals are born and raised on pasture or door environments. According to a group pens, in individual stalls that rangeland systems and are "finished" on a grain-based diet in large feedlots. USDA survey, 58 percent of dairy restrict movement and contact with operations pastured their lactating neighboring calves, or in individual cows for at least three months during hutches or cubicles that may be asso- 1995 (USDA Animal and Plant ciated with a small outdoor area. Beef cattle, sheep, Health Inspection Service [APHIS] Male calves are generally considered a and goats 1996). About a quarter of U.S. dairy byproduct of the dairy industry. Beef cattle, sheep, and goats are usu- operations house cows in free-stall Depending on economics and local ally kept on pasture throughout barns (USDA APHIS 1996); these are circumstances, these calves will much of their lives. Beef cows are loose-housing systems with bedded either be killed shortly after birth or bred either by natural mating or by stalls that the cows can enter and raised for meat. In the latter case, artificial insemination; embryos from leave freely. Roughly 60 percent of calves may be raised to an age of four preferred animals may be implanted U.S. dairy operations use tie-stall months or older on a grain-based diet into others considered of lower quali- and marketed as “pink veal” or “baby ty. Beef calves stay with their mothers beef,” or they may be fed a low-iron, until weaning at roughly seven milk-based or milk-like diet, and mar- months of age; they may then be keted as “white” or “special-fed” veal. shipped to a feedlot (Figure 10) These calves may be kept in small where they are fed grain for four to six groups, but white-veal calves are months until they reach market more commonly kept in individual weight. Early weaning of beef calves stalls that limit their movement and (at three to four months of age), fol- prevent them from turning around. lowed by feedlot finishing, is becom- To prevent injuries, dairy cattle are ing increasingly common. To de- dehorned at an early age, usually by

HSUS/M. FOX crease problems with aggression and Figure 9. the use of a hot iron to cauterize the to produce more tender meat, male In some states, such as California, milk is developing horn buds. Local anes- calves not to be used for breeding are sometimes produced on large "dry lot thetic is used for this procedure by castrated. Both surgical and nonsur- dairies" housing several thousand cows. some growers (for example, those in

Farm Animals and Their Welfare in 2000 91 gical castration methods are used, tant pathogens (National Research 1990 but only $58.70 in 1996. Farm- and all are performed without anes- Council [NRC] 1999). In the United ers have little control over the mar- thesia. Beef cattle are also dehorned States during 1994, 55 percent of gins charged by retailers for their pro- using several different methods and beef cattle and 59 percent of market ducts, and a combination of retail are usually individually marked by hogs were given antibiotics in their price increases and low farm profit hot-iron or freeze branding. Confine- feed (USDA APHIS 1995a,b). Low lev- margins no doubt contributes to the ment systems are uncommon for els of antibiotics are included in most pressure on producers to increase sheep and goats, although lambs are U.S. broiler and turkey feed rations to production efficiency. sometimes finished in feedlots or improve growth and feed conversion raised in cages. Sheep and goats are (North and Bell 1990). Broader Social castrated and dehorned using meth- Farm animals have also undergone ods similar to those used for beef cat- significant changes through genetic Effects tle. To prevent fecal contamination of selection for desirable production As animal production in industrialized the hindquarters and subsequent traits such as rapid growth, leanness, countries has become more mecha- infestation with flies, sheep are usual- high milk yield, high egg production, nized and more concentrated in larg- ly tail-docked through the use of tight and low feed requirements. In some er units, farm structure and the rubber rings, a crushing device, or a sectors the use of artificial insemina- sociology of rural communities has hot knife. tion has allowed males of high genet- changed as well. Fewer and fewer peo- ic merit for production traits to sire ple are directly involved in animal Other Methods huge numbers of offspring on many production. In some regions, notably different farms. The industrial infra- the United States and some of the for- of Enhancing structure of animal breeding has also mer Soviet countries, large corporate- Productivity been evolving. For poultry and egg ly or collectively owned units have production, much of the primary While changes were occurring in ani- replaced many traditional family- breeding is done by a small number of mal housing and handling methods, owned units. These changes have companies. Instead of producing other performance-enhancing tech- been most dramatic in the U.S. poul- their own breeding sows, many swine nologies, including developments in try industry, where five companies producers now buy replacement nutrition, veterinary care, and genet- now control 53 percent of the broiler breeding animals from specialized ic selection, came into widespread market, and one company, Tyson breeding companies. use. Vaccines, disease-eradication Foods, alone controls 24 percent of These and other changes have programs, and disease-prevention the market (Thornton 2000). Much resulted in a dramatic increase in the measures virtually eliminated some broiler production has become verti- productivity of animal agriculture previously common animal diseases. cally integrated: birds go from hatch during the last fifty years. Annual Several hormone products came into to slaughter under the control of one use to enhance productivity. In the milk yield per cow has doubled or company, which uses contract labor United States, more than 90 percent tripled in most developed countries to raise the birds to market age. For of beef cattle now are implanted with since 1950 (Putnam 1991). Broiler example, Tyson Foods currently pro- hormones or given hormones in their chickens now reach a market weight duces 98 percent of its broilers under feed to improve their rate of gain and of 4 lbs. in roughly six weeks—down contract, in approximately 20,000 feed efficiency (USDA APHIS 1995a). from twelve weeks in 1950—and they houses on over 6,000 farms, with 45.9 The United States has also approved require less than 2 lbs. of feed per million chicks started per week. The the use of recombinant bovine growth pound of live weight—down from egg-laying industry is less integrated, hormone (rBST) for injection into 3.25 lbs. in 1950 (Gyles 1989). but similar trends are apparent. In dairy cattle as a means of increasing By and large, these increases in pro- the 1950s the average hen flock con- their metabolic efficiency and boost- ductivity have not been reflected in tained fewer than a thousand birds; ing milk yield. In the United States in the prices paid to farmers for their now flocks of tens of thousands to 1996, rBST was administered to ap- products. According to the Consumer millions of hens are common. Recent- proximately 10 percent of dairy cows Price Index, retail costs to consumers ly the average U.S. flock size for lay- overall and to more than 30 percent for meat and dairy products in the ing hens was reported to be 63,000 of cows on farms with more than two United States have increased approxi- birds, and 17 percent of farm sites hundred cows (USDA APHIS 1996). mately 45 percent since 1982–1984, housed more than 200,000 birds An older and more widespread inter- but payments to farmers have not (USDA APHIS 1999). Such units vention has been the use of low do- increased at all (USDA NASS 1999a). account for a large fraction of the sages of antibiotics as feed additives In some cases they have decreased; market: by 1998 34 percent of the to enhance growth; this practice has for example, farmers in the United U.S. egg industry was owned by only raised human health concerns about States received an average of $74.60 seven companies (Smith 1998). the development of antibiotic-resis- for 100 lbs. of cattle marketed in Other U.S. industries are following

92 The State of the Animals: 2001 the model adopted by the poultry in- began to grow rapidly. Most of China’s common pathogens from flocks or dustry. In the 1970s approximately huge production of pork comes from herds. Newer feeding technology, one million U.S. farms raised swine backyard feeding operations, with 92 combined with advances in nutrition- (Gillespie 1998), but by 1998 that percent of farmers raising fewer than al knowledge, have made it more fea- number had dropped to 114,380 five pigs per year (USDA ERS 2000b). sible to meet animals’ nutritional (USDA NASS 1999b). This decline in However, multinational companies needs. Veterinary knowledge and the number of pig farms is expected are expanding into developing na- technology allow vaccination, medi- to continue, even though the number tions, with animal health companies cation, and other disease prevention of pigs being produced in the United like the Pharmacia and Upjohn Com- measures that would not have been States is staying relatively constant pany building complexes and Tyson possible a half century ago. (Figure 3). Consequently there has Foods investing in giant poultry facil- However, the various changes in been an increase in unit size; 77.5 ities in China. Developing nations are animal agriculture have also created percent of the 1998 U.S. hog invento- likely to face difficult adjustments if animal welfare problems. Some perry was raised in units with at least and as animal agriculture shifts from tain specifically to the confinement of a thousand pigs (Figure 11). Approx- small-scale labor-based systems to animals indoors. When large numbers imately 40 percent of pigs are now more concentrated, intensive systems of animals are confined in an en- grown by contract in the United that place heavy demands on water closed space, inadequate ventilation States, compared with only 3 percent and electrical supplies and require is common. Harmful levels of resin 1980 (Martinez 1999). In contrast, reliable transportation and marketing pirable dust, heat stress (if the venti- much beef cow-calf production is still systems. As noted by Hursey (1997), lation system cannot generate ade- comparatively small-scale. Although the intensification of animal produc- quate air flow in hot weather), and beef cattle in the United States tend to tion in the developing countries will irritating or dangerous gases (arising be finished to market weight in large result in “a plethora of interlinked from manure in bedding or stored in feedlots with more than a thousand problems and challenges of far-rang- pits below the floor) can result. In animals, approximately half of the beef ing significance” (ii–iii). many confinement units, interrup- cows are on farms with fewer than a tion of the electrical supply can cause hundred cows (USDA NASS 1999b). complete failure of ventilation sys- We have concentrated on trends in Animal Welfare tems. Then heat and air-quality prob- the United States and other industri- lems can rise to deadly levels in a mat- alized countries, but developing na- Issues ter of hours. tions are also seeing rapid changes in Some changes in animal agriculture Agricultural buildings often use animal agriculture. China provides a have had positive effects on animal concrete as a durable, low-cost floor- particularly important example. From welfare. The use of indoor housing ing material, but concrete surfaces the early 1980s to the early 1990s, has eliminated some problems relat- have many possible drawbacks. Slip- China’s per capita consumption of ed to predation and harsh weather. pery concrete can cause accidents; meat increased by 8.3 percent per Confinement sometimes has been irregular concrete seems to predis- year, and animal production in China used to prevent disease by excluding pose hoofed animals to lameness; and concrete’s overall hardness may stress hooves and joints. Under cool conditions unbedded concrete appears to be an uncomfortable lying surface and may disturb normal resting. Metal flooring is sometimes used as an alternative, but many of the same comfort problems remain. Poor- ly designed flooring in laying hens cages contributes to discomfort and foot and leg problems and can even cause the hens to become trapped. Space in indoor units tends to be minimal. The recommended space allowance for laying hens in some countries is 60–80 square inches per hen, barely enough for the hen to turn around and not enough for her to perform normal comfort behaviors; how-

Farm Animals and Their Welfare in 2000 93 ever, many hens are allowed less than problems, perhaps due to hunger. and repetitive manual labor typical of even that meager amount. Industry Among pigs some genetic lines more-traditional animal production codes recommend about 8–10 square selected strongly for rapid growth and systems. Retaining a reliable farm feet per market-weight pig—not muscle deposition show correlated labor force became difficult as more much more than enough space for all increases in excitability. Such animals lucrative employment opportunities animals in the pen to lie down at the may develop severe, even fatal, physi- arose in more mechanized sectors of same time. Commercial practice may ological stress responses during han- the economy. The availability of crowd animals above this level. dling and transportation. antibiotics and other measures Amenities such as bedding to improve Various other disease conditions allowed large numbers of animals to floor comfort or features of the nat- can arise from pushing animals’ body be kept close together without major ural environment such as perches and processes beyond their normal range. disease outbreaks. Moreover, for sev- dust-baths (for hens) or nest-building Dairy cattle with very high milk yields eral decades agricultural research material (for hens or sows) are usual- appear particularly prone to mastitis, and development focused on greater ly omitted. Consequently, there is lit- lameness, and other health problems. productivity, efficiency, and return on tle opportunity for animals to engage Pigs fed finely ground grains, which investment, while paying little explic- in some of their natural behavior, and help promote efficient feed use, are it attention to their impact on the this may in time affect their health. also predisposed to gastric ulcers. environment, worker health, rural Restricted space and barren environ- Fast growth in broiler chickens is communities, or animal welfare. ments may also lead to harmful be- associated with health problems such While all these factors have likely havioral abnormalities. Pigs in a re- as ascites (pulmonary hypertension). contributed, changes in marketing stricted, barren space sometimes A number of animal management and economic pressures played—and direct their foraging activities (root- practices also raise animal welfare continue to play—a dominant role in ing and chewing) to the bodies of concerns. Some, such as hot-iron reshaping animal agriculture. In ear- pen-mates to the extent that they branding, castration without anesthe- lier centuries food products made damage tails or other body parts, es- sia, and early removal of dairy calves from animals, being highly perish- pecially if tails have not been docked. from their mothers, are traditional able, tended to be produced and con- Chickens that are not beak-trimmed but have become controversial be- sumed locally. The twentieth century saw the advent of effective refrigera- may peck flockmates to the point of cause of public concern about caus- tion, fast freezing, and other innova- damaging or killing them. ing pain or distress to animals. Oth- tions in product preservation, com- Another set of problems has arisen ers practices, such as the tail docking bined with explosive growth in through genetic selection for produc- of pigs and the beak trimming of publicly subsidized road transportation efficiency. Typically, breeders of hens, are controversial because they tion. Meat, milk, and eggs now could farm animals have exercised intense are seen as stop-gap measures mask- be sold into ever larger markets— genetic selection for a small number ing basic inadequacies in environ- regional, national, even international. of commercially important traits. ment or management. Transportation Producers were in effect competing However, if genetic selection is based and management of animals after against thousands of other producers, on unduly narrow criteria, it can lead they leave the farm raise major ani- often in various regions of the world. to significant animal health and wel- mal welfare concerns that are covered The resulting price competition fare problems. Genetic selection of elsewhere in this volume. and associated need to reduce pro- laying hens for high egg production duction costs have had at least three and low maintenance requirements effects. First, price competition has can create birds that are prone to Understanding clearly contributed to the increase in osteoporosis because bone calcium is farm size. Larger farms often enjoy mobilized for egg shell formation. the Revolution economies of scale such as greater Selection for rapid growth in broiler in Animal bargaining power in purchasing feed, chickens has led to birds that appear and they can generally sell animal to gain weight too quickly relative to products at lower prices. Once larger their leg strength, resulting in leg Agriculture Why are farm animals kept the way units began to appear, other produc- abnormalities and lameness. Broiler they are? A mix of cultural factors and ers had to expand their operations in breeders, which live for much longer technology is no doubt involved. order to compete, even though expan- than do their offspring killed for Twentieth-century cultural values saw sion often involved greater debt and meat, show the same very high levels automation and mass production as workload. In extreme cases, such as of appetite. These birds have to be forms of progress. Perhaps in re- broiler production in the United kept on restricted diets in order to sponse to rising standards of living, States, the size of unit typically oper- prevent obesity, and aggression and farmers sought to avoid the arduous ated by a farm family ceased to be abnormal behaviors are common economically viable at all. Second,

94 The State of the Animals: 2001 production systems that avoided and protected environment for the major costs or losses have replaced Measures to newborn piglets. Enriched cages for systems that failed to do so. Many sec- laying hens keep the birds in small, tors have changed almost universally Protect Farm stable groups (thus avoiding the so- to confinement systems where labor cial stress of large flocks) while pro- requirements are reduced and certain Animals viding amenities such as litter, a common causes of death or illness are perch, and a nest-box. The European avoided. Third, it has become difficult Production Methods Community has announced that it infor producers to provide animals with and Genetic tends to require all new cages for lay- certain traditional amenities. If profit Selection ing hens to be enriched in these ways per animal is sufficiently large, pro- by the year 2013. ducers are free to provide space, vet- One approach producers have used to A third alternative, still in its infan- erinary care, bedding, and other ame- address public concerns over farm cy, is to use electronics rather than nities beyond what is strictly in the animal welfare has involved returning physical restraint to solve certain ani- interests of profit; with very low profit to more traditional production meth- mal management problems. For ex- margins, the time and resources that ods. For example, “free-range” egg ample, gestation crates for pregnant can be devoted to each animal are systems give laying hens access to sows arose as a low-cost means of severely constrained. outdoor runs as well as to indoor shel- feeding sows individually to prevent In fact, many of the animal welfare ters with perches and nest-boxes; pas- bullying and over-eating by dominant problems commonly attributed to ture systems for dairy cattle allow ani- animals; now, however, with comput- confinement technology may actually mals to graze at pasture during the erized equipment, group-housed sows be problems of extreme price compe- summer months and walk to a parlor can enter an individual feeding sta- tition in a large market. By itself, the for milking twice a day; outdoor far- tion where they are recognized elec- practice of penning sows individually rowing systems house sows in a field tronically and receive an assigned during pregnancy may be a defensible with individual huts that provide a amount of food which they can eat way of promoting health and prevent- protected area for them to give birth without harassment. Similarly, new ing aggression; but restricting the and raise their litters. A common robotic milking systems allow cows to space allowance to a narrow, unbed- public perception is that these older be kept in open pens and enter the ded stall is a matter of economics. By systems of animal production neces- milking station at will to be milked. itself, the use of caging to keep hens sarily result in improved standards of Virtually all of these approaches rein small stable groups, separated animal welfare and food quality. In quire research, testing, and develop- from their excreta, may be a defensi- reality, some of these systems gener- ment if they are to meet the health ble means of improving hygiene and ate significant welfare problems of and welfare needs of the animals and preventing social stress; however their own. For example, in the United the producer’s needs for convenient, crowding many hens into a small, bar- States, where sheep are typically safe, and reliable production meth- ren cage is a decision based on eco- raised on pasture or range, predation ods. Unfortunately, neither industry nomics. Because confinement meth- and weather-related losses together nor government invests significantly ods became the dominant technology account for about 85 percent of lamb in such research in North America, during a time of increasing market deaths (USDA APHIS 1995c). More- and even in Europe the amount of competition, these methods often over, some traditional systems lan- research is inadequate to keep pace minimize the space and amenities guished without research or develop- with the public’s desire to reform ani- provided per animal, but these nega- ment during a half century in which mal production methods. Thus, for tive aspects are more a reflection of they went largely unused. If these sys- example, when Sweden announced its market-driven economic constraints tems come back into use, they will intention to ban battery cages for than of confinement methods them- need to be developed and evaluated, hens, there was substantial concern selves. This may help explain why the and appropriate standards will need that available alternative systems debate over confinement agriculture to be set in order to ensure that the were not well enough studied and tends to run at cross-purposes. Pro- systems meet the needs of the ani- developed to ensure that the ban ducers defend confinement by citing mals and consumers’ expectations. would necessarily improve the welfare the health and other benefits it was A second approach is to retain the of the birds. designed to deliver, while critics at- advantages of confinement systems Partly because narrow genetic se- tack confinement by citing disadvan- but mitigate the negative effects, lection has contributed to many ani- tages to the animal caused partly by partly by restoring a more traditional mal welfare problems, more-appropri- cost cutting. level of space and amenities. Some ate animal breeding can partially indoor farrowing pens allow a degree improve animal welfare. Broiler chick- of freedom and comfort for the sow ens can be selected for both skeletal while providing a warm, draft-free, soundness and production traits; this

Farm Animals and Their Welfare in 2000 95 can decrease leg problems with only a um price for the producer. Austria has tion on a smaller scale. For many small negative effect on growth rate. taken a slightly different approach. years, pig producers in Alberta, Cana- Appropriate genetic selection can There a producer-initiated program da, have operated a system for insur- produce pigs that grow efficiently uses a numerical scoring system to ing producers against the death of without deleterious reactions to assess standards of hygiene, disease pigs during trucking. The premiums stress and hens that are less predis- prevention, animal handling skill, escalate markedly for producers who posed to cannibalistic behavior in con- and appropriate housing. Producers have a history of substantial claims; finement. Use of “polled” (genetically achieving a certain overall score can this incentive is credited with improv- hornless) cattle can obviate the need use a distinctive label to identify the ing the standards of trucking and for dehorning. For these changes to product. The program is credited with greatly reducing losses due to deaths occur, animal breeders, large breeding retaining consumer loyalty for small- during transportation. Incentives to companies in particular, will need to scale Austrian producers in the face improve animal welfare can also be be convinced to include animal wel- of lower-priced imports from coun- given to workers. In several countries fare considerations in their criteria for tries where animal production is catching crews that load and trans- genetic selection. more intensive. As these programs port chickens are given bonuses if the grow, there may be a need for inter- birds arrive at the processing facility Economic Incentives national standards and definitions in in good condition, with few bruises or order to avoid confusion. injuries, or alternatively are penalized and Policies Some economic policies appear to if bruising, injury, and death exceed Many alternatives to standard con- mitigate farm animal welfare prob- certain levels. finement methods involve higher pro- lems. In some countries, subsidiza- duction costs, which must be offset tion or price controls have kept the Legal Measures through economic incentives to pro- profit per animal at a reasonably tra- ducers. Additional costs can be sub- At the beginning of the twenty-first ditional level, with the result that pro- century, legal protection of farm ani- stantial if an alternative system ducers can afford to raise animals in involves more labor, less efficient use mals is in flux. Historically most ani- flocks and herds of traditional size mal protection laws were intended to of feed, or greater losses through dis- and to provide traditional levels of ease and death. If these problems are prevent animal suffering caused by space, amenities, and care. In Nor- unusual and socially unacceptable avoided, however, the cost of en- way, for example, price subsidies and hanced housing can be relatively behavior such as deliberate cruelty the decision to reject free trade with or gross neglect. Typically these pro- small. Generally, housing is a small other European countries have fraction of the total cost of animal visions do not apply to suffering allowed small farms with high levels caused by common agricultural prac- production—compared with feed, la- of care and reasonably spacious ani- bor, and utilities—so just a small in- tices. Many Canadian provinces and mal accommodation to remain eco- U.S. states, for example, forbid the increase in the retail price, if passed on nomically viable. to the producer, could support sub- fliction of unnecessary suffering The supply management system for on animals but exempt “generally stantial housing improvements. egg production in Canada provides One way to compensate producers accepted” or “normal” farm animal another example. Under free-market management practices from this pro- for using alternative systems is conditions, when egg prices are high, through labeling that identifies prod- hibition. The United Kingdom re- the greatest profit can generally be quires that captive birds in cages have ucts produced according to specified achieved by crowding extra birds into standards or methods. The European enough space to stretch their wings a cage system to the point of reduc- freely, but commercial poultry are Community has established standard ing their individual health and rate of definitions for alternative production specifically exempted from this lay, yet still increasing the total num- requirement. methods, such as free-range eggs, ber of eggs produced. However, the which normally sell at a premium In the late 1900s, however, a num- Canadian supply management system ber of European countries introduced price. A more comprehensive scheme limits the number of birds that a pro- is the Freedom Foods program in the legal measures to restrict the use of ducer can house but does not limit controversial agricultural practices. United Kingdom, originated by the the number of eggs that can be sold. Royal Society for the Prevention of In some cases, practices were specifi- The system tends to favor space cally banned or regulated. Several Cruelty to Animals. The program allowances that maximize the produc- requires certain standards and meth- countries now prohibit the use of bat- tivity per bird, thus largely eliminat- tery cages for laying hens; Sweden re- ods of animal production and in- ing the incentive for extreme crowd- spects subscribing farms for compli- quires that dairy cows be given access ing, and the price stability created by to pasture in the summer; and the ance. The products are then eligible the system has allowed smaller farms to carry the Freedom Foods label, United Kingdom does not allow veal to remain viable (Figure 12). calves to be kept in narrow crates. In which generally commands a premi- Economic incentives can also func-

96 The State of the Animals: 2001 trade agreements on farm animal welfare. When the European Community created directives on farm animal welfare standards, it was its stated intention to exclude imports from countries that do not require equivalent standards. If this intention can be realized, then international trade might provide an incentive for raising and harmonizing standards. On the other hand, some critics fear that trade panels will disallow trade restrictions based on animal welfare considerations. In that case increased international trade will likely expand further the size of the competitive market, making price competition even more severe and imposing further constraints on the level of animal care that producers can afford to provide. other cases, new animal housing sys- would vote “yes” on a measure legally The Debate tems must be approved for conformi- requiring that farm animals be pro- ty to animal welfare standards before vided with living spaces large enough about Animal they can be marketed or used; Swe- for animals to turn around and den, Norway, and Switzerland have stretch their limbs (Decision Re- Agriculture such provisions. In yet other cases, search 1997). In 1998 Coloradons No contemporary account of farm codes of practice have been created voted 2 to 1 in favor of a statutory animal production would be complete that have some recognition under the amendment to increase regulation of without mention of the acrimonious law. In the United Kingdom, it is an large-scale hog confinement facilities. clash of views to which it has given offense to cause unnecessary pain or Thus, the trend toward regulating rise. On one side are highly negative distress to farm animals in one’s care; farming practices may well spread to portrayals of animal agriculture, of- failure to follow established codes of North America and elsewhere. ten originating from vegetarian or practice, while not itself an offense, Where trade agreements require animal rights sources, including fa- can be used as evidence against a countries to accept each others’ agri- miliar works such as Peter Singer’s defendant accused of causing unnec- cultural products, one country’s pro- Animal Liberation and John Robbins’s essary pain or distress. In other coun- ducers can be penalized if they must Diet for a New America. These mate- tries, such as the United States and follow restrictions that do not apply rials generally make six interrelated Canada, industry codes of practice elsewhere. Swiss egg producers are claims about animal agriculture: (1) have been written, but compliance is not allowed to use battery cages, but farm animals live miserable lives, strictly voluntary. eggs from caged hens are imported partly because of confinement pro- The United States, Canada, and into Switzerland from countries duction methods; (2) greed for profit many other countries outside Europe where cages are allowed. Similarly has replaced traditional animal hus- have regulations designed to protect since the ban on veal calf crates took bandry ethics in determining how ani- the welfare of animals during trans- effect in the United Kingdom, many mals are treated; (3) animal agricul- portation and pre-slaughter manage- calves from British farms have been ture is now controlled by large ment, but not while they are being shipped to continental Europe to be corporations, not by individuals or raised on farms. However, surveys in raised in crates. Nothing prevents farm families; (4) animal agriculture the United States suggest that public their meat from then being sold in damages the environment through support for regulation is growing. For the United Kingdom. The need for pollution, use of natural resources, example, 67 percent of consumers international harmonization is clear, and destruction of natural habitats; polled said they would vote for addi- but international trade authorities (5) animal production causes in- tional government regulation of pro- have so far shown little inclination to creased world hunger by consuming duction practices (Animal Industry provide the necessary leadership. grain and other resources that could Foundation 1989). Seventy-one per- In fact, great uncertainty surrounds better be used to feed hungry people; cent of U.S. citizens polled said they the future effects of international and (6) animal products are un-

Farm Animals and Their Welfare in 2000 97 healthy for human consumers. lution in animal agriculture, to iden- Sere, C., and H. Steinfeld. 1996. On the other side of the conflict are tify better and worse options, and to World livestock production systems. highly positive portrayals of animal allow informed consensus building to Animal Production and Health agriculture, largely originating from guide future developments. Paper 127. Rome: Food and Agri- animal producers and their organiza- culture Organization of the United tions. These paint an entirely differ- Nations. ent picture of modern farming: (1) it Literature Cited Singer, P. 1990. Animal liberation. is beneficial to animal welfare, partly Animal Industry Foundation. 1989. Revised edition. New York: Avon because of the advantages of indoor Survey results on how Americans Books. environments; (2) it respects tradi- view modern livestock farming. Ani- Smith, R. 1998. Egg industry warned tional animal husbandry values; (3) it mal Industry Foundation, CR 2765, flock may be getting too large. is largely owned and operated by tra- April. Feedstuffs, November 9. ditional farm families; (4) it benefits Council for Agricultural Science and Thornton, G. 2000. Broiler company the environment by recycling nutri- Technology (CAST). 1999. Animal rankings. WATT PoultryUSA 1(1): ents back to the land; (5) it helps to agriculture and the global food sup- 30–40. reduce world hunger by creating food ply. Report No. 135. Ames, Iowa: UN Food and Agricultural Organiza- from materials not used in human CAST. tion (FAO). 1994. State of food and nutrition; and (6) it produces safe, Decision Research. 1997. Oregon agriculture, 1994. Electronic prod- nutritious food. statewide poll #4971. Washington, uct, November 1994. With an activity as diverse as animal D.C.: Decision Research. ——————. 2000. Statistical data- agriculture, proponents of each of Fraser, D., and M.L. Leonard. 1993. base. faostat.fao.org/default.htm. these highly simplified views can cite Farm animal welfare. In Animal pro- Accessed May and June 2000. facts and examples to support their duction in Canada, eds. J. Martin, USDA Animal and Plant Health claims, yet neither one provides an R.J. Hudson, and B.A. Young. Inspection Service (APHIS). 1995a. adequate or accurate description of Edmonton, Canada: University of Feedlot management practices. animal agriculture. Even within a sin- Alberta Faculty of Extention. Washington, D.C.: USDA. gle region, animal production meth- Gillespie, J.R. 1998. Animal science. ——————. 1995b. Swine ’95: Ref- ods can vary from intensive systems Albany, N.Y.: Delmar Publishers. erence of 1995 swine management such as layer barns to traditional ones Gyles, N.R. 1989. Poultry, people, and practices. Washington, D.C.: USDA. such as cow-calf ranching. Corporate progress. Poultry Science 68: 1–8. ——————. 1995c. Sheep and control is well established in certain Hursey, B.S. 1997. Towards the twen- lamb death loss 1995. Washington, sectors and regions, while families ty-first century—The challenges D.C.: USDA. and individuals remain the dominant facing livestock production. World ——————. 1996. Dairy ’96: Refer- owners in others. Environmental im- Animal Review 89: ii–iii. ence of 1996 dairy management pacts can be generally positive if ani- Martinez, S.W. 1999. Vertical coordi- practices. Washington, D.C.: USDA. mal numbers are commensurate with nation in the pork and broiler indus- ——————. 1999. Layers ’99: Ref- the land base and if manure is well tries: Implications for pork and erence of 1999 table egg layer man- managed; but environmental impacts chicken products. Agricultural Eco- agement in the United States. Wash- can be negative if animal production nomic Report No. 777. Washington, ington, D.C.: USDA. is highly concentrated and environ- D.C.: Economic Research Service, USDA Economic Research Service mental controls are lax. U.S. Department of Agriculture. (ERS). 2000a. U.S. agriculture and The debate over animal agriculture, National Research Council (NRC). food economy at a glance. despite the polemical and often mis- 1999. The use of drugs in food ani- www.econ.ag.gov/Briefing/agfood. leading way it has been represented mals. Benefits and risks. Washing- Washington, D.C.: USDA. Accessed to the public, has raised issues of im- ton, D.C.: National Academic Press. June 2000. mense importance. The revolution in North, M.O., and D.D. Bell. 1990. ——————. 2000b. China: Situa- animal agriculture during the twenti- Commercial chicken production tion and outlook series. Interna- eth century had, and continues to manual. Fourth edition. New York: tional Agriculture and Trade have, profound effects on farm ani- Chapman and Hall. Reports, WRS-99-4, March 2000. mals, on human nutrition, on rural Putnam, P.A. 1991. Demographics of Washington, D.C.: USDA. communities, and indeed on the glob- dairy cows and products. In Hand- USDA National Agricultural Statistics al ecosystem; moreover, the changes book of animal science, ed. P.A. Put- Service (NASS). 1999a. Agricultural have taken place with remarkably lit- nam. New York: Academic Press. statistics 1999. Washington, D.C.: tle informed public debate or com- Robbins, J. 1987. Diet for a new Amer- USDA. prehensive policy development. There ica. Walpole: Stillpoint Publishing. ——————. 1999b. U.S. livestock is an urgent need for careful analysis summary, statistical highlights to understand the effects of the revo- 1998/99. Washington, D.C.: USDA.

98 The State of the Animals: 2001 ————. 1999c. 1998 hatchery pro- Webster, J. 1994. Animal welfare: A duction summary. Washington, cool eye towards Eden. Oxford: D.C.: USDA. Blackwell Science. —————. 2000. Agricultural statistics 2000. Washington, D.C.: USDA. Further Reading Appleby, M.C., and B.O. Hughes, eds. Animal welfare. Wallingford: CAB International. Fox, M.W. 1984. Farm animals: Hus- bandry, behavior and veterinary practice. Baltimore: University Park Press. Fraser, A.F., and D.M. Broom. 1990. Farm animal behaviour and welfare. Third edition. London: Bail- lière Tindall. Grandin, T., ed. 2000. Livestock handling and transport. Second edition. Wallingford: CABI Publishing. Hodges, J., and I.K. Han, eds. 2000. Livestock, ethics and quality of life. Wallingford: CABI Publishing. Johnson, A. 1991. Factory farming. Oxford: Blackwell. Moss, R., ed. 1994. Animal welfare and veterinary sciences. Revue sci- entifique et technique, Office international des épizooties 13: 1–302 (special issue). Rollin, B.E. 1995. Farm animal welfare: Social, bioethical, and research issues. Ames: Iowa State University Press. Sainsbury, D. 1986. Farm animal welfare: Cattle, pigs and poultry. Lon- don: Collins. Sørensen, J.T., ed. 1997. Livestock farming systems: More than food production. Proceedings of the Fourth International Symposium on Livestock Farming Systems. European Association for Animal Production Publication No. 89. Wageningen: Wageningen Pers. Thompson, P.B. 1998. Agricultural ethics: Research, teaching, and public policy. Ames: Iowa State Univer- sity Press. Van Zutphen, L.F.M., and P.G.C. Bed- ford, eds. 1999. Genetics and animal welfare. Animal Welfare 8: 307–438 (special issue).

Farm Animals and Their Welfare in 2000 99

Progress in Livestock Handling and Slaughter Techniques 6CHAPTER in the United States, 1970–2000

Temple Grandin

have worked as a consultant to the reaction to CO2 gas. Some studies allows a plant to engage in interstate meat industry since the early show evidence of aversion; others do commerce, regardless of who the I 1970s. I’ve been in more than 300 not (Forslid 1987; Grandin 1988a; buyer is.) The act was also extended slaughter plants in the United States, Dodman 1977; Raj et al. 1997). My to cover the handling of animals prior Canada, Mexico, Europe, Australia, own observations lead me to believe to slaughter while they were on the New Zealand, and South America. that some pigs can be anesthetized premises of the slaughter plant. Cruel During the course of my career, I’ve peacefully with CO2 while others fran- practices such as dragging conscious, seen many changes take place, but tically attempt to escape when they crippled, non-ambulatory (downed) I’m going to focus in this paper on my first smell the gas (Grandin 1988a). animals were prohibited. However, work to improve conditions for the Genetic factors appear to influence the handling of animals for ritual slaughter of cattle and calves and the reaction. Purebred Yorkshire pigs slaughter was—and is—exempt, as is later address transport and other ani- are anesthetized peacefully (Forslid the slaughter of poultry. In ritual mal-handling issues. 1987), for example, while other slaughter, both kosher (Jewish) and The U.S. Humane Slaughter Act, strains become agitated prior to halal (Muslim), the throat of an passed in 1958, required that all meat being anesthetized (Grandin 1988a; unstunned animal is cut. sold to the federal government had to Dodman 1977). Jongman et al. come from animals that had been (2000) found that for Landrace– humanely slaughtered. Use of the Large White crossbreeds breathing My First Project pole axe to render animals uncon- either 60 percent or 90 percent My career started at the Swift Fresh scious and the bleeding of fully con- CO2 was less aversive than a shock Meats plant in Tolleson, Arizona, in scious pigs were replaced by use of from an electric prod. CO2, it may 1973. The plant manager allowed me the captive bolt stunning pistol in be noted, causes highly variable reac- to visit every week so I could learn the cattle and administration of either tions in people. It causes anxiety in industry. Nobody knew who I was and carbon dioxide (CO2) or electrical some and has little effect on others no attempt was made by the plant stunning for pigs. This change was a (Perna et al. 1994; Biber et al. 1999; employees to be on “good behavior” major step forward, since scientific Perna et al. 1996). It is my opinion while I was there. studies show that both electrical that CO2 is suitable for some genetic The equipment available was of stunning and captive bolt stunning types of pigs but causes problems poor quality, but at a line speed of will instantly render animals insensi- with other genetic types. CO2 experi- 165 cattle per hour, most animals ble to pain (see reviews by Grandin ments should be conducted with were stunned correctly with one shot 1994, 1985/86; Eikelenboom 1983; stress-susceptible pigs, in particular. from a captive bolt pistol. Swift had a UFAW 1987; Gregory 1998). The potential of other gases, such as stunning box that consisted of a long, Unfortunately, however, CO2- argon, for use in stunning is also wor- narrow stall in which three cattle at a induced stunning is not instanta- thy of investigation. time were loaded. If the animals neous, and there has been controversy In 1978 the Humane Slaughter Act became agitated while in the box, within the scientific community over was amended to cover all federally they jumped on top of each other. whether animals have an adverse inspected plants. (Federal inspection Another problem was that slaughter

101 plants were heavily unionized, and system was safer for plant employees union work rules made it very diffi- and much less stressful for the cattle. Kosher cult to discipline any employees who The one the plant engineer at Swift deliberately abused the cattle. and I installed was the third V con- Slaughter In 1974 I worked on my first equip- veyor restrainer system in the United ment project, replacing the stunning States. By 1980 the V conveyor in the 1970s Late in the 1970s, I had the opportu- box at the Swift plant with a new restrainer had replaced many of the nity to observe kosher slaughter at device, a V conveyor restrainer. This dreadful old stunning boxes that had Spencer Foods, the world’s largest system, a larger version of a system held several panicked cattle at a time. kosher slaughter plant. Cattle weigh- already in use for the slaughter of (Today, stunning boxes are used maining 1,200 pounds each were hoisted pigs (Regensberger 1940), had been ly in small plants; those that hold only off the floor by one back leg, and a constructed in the early 1970s by one animal work very well in such cir- nose tong attached to a powerful air Oscar Schmidt of Cincinnati Butch- cumstances, provided they have non- cylinder was used to stretch their er’s Supply Company and Don slip floors.) neck so that the schochet, a rabbi Willems of Armour Company. The ani- who performs kosher slaughtering, mals rode along supported by two could make the throat cut. I was hor- conveyors. Compared to the old mul- rified at the sight and sounds of bel- tiple-animal stunning box, it was a lowing, thrashing beasts. Workers great improvement. The V conveyor wore football helmets to protect their heads from the animals’ flailing front hooves. I could even hear the cattle bellowing from the plant’s office and parking lot. I vowed I would design a system to restrain the cattle in a more comfortable upright position. Many of the smaller kosher slaughter plants that slaughtered large cattle used a holding box called the ASPCA pen (Marshall 1963) (Figure 1). The American Society for the Prevention of Cruelty to Animals (ASPCA) had bought the patents on the box in the 1960s so that any plant could use the box royalty free. Spencer Foods slaughtered 150 cattle per hour, and it would have had to buy two ASPCA pens—and construct a building addition—to accommodate this volume of traffic. Since pre-slaughter handling for kosher slaughter was exempt from the Humane Slaughter Act, shackling and hoisting fully conscious cattle was an economical alternative. I proposed to plant management the idea of building a head-holding device on the V conveyor restrainer. (It is completely described in Grandin 1980a.) I worked with Spencer to help design the system, which involved no structural alterations to the building already in use. For the large kosher plant, it was a great improvement over shackling and hoisting. To reduce stress on the animal, the belly lift should not lift the animal off the floor. All The next big improvement in parts of the apparatus that press against the animal should be equipped with pressure- equipment was the development of limiting devices and move with a slow, steady, smooth motion. upright restraint devices for kosher-

102 The State of the Animals: 2001 slaughtered calves and sheep. The major projects. The first was the positioned the calves’ legs on each Council for Livestock Protection design for a curved chute and V con- side of the moving conveyor. For the (CLP)—a consortium of The Humane veyor system for Moyer Packing. The first time, equipment was available to Society of the United States, Ameri- second one was the completion of the replace shackling and hoisting of can Humane Association, The Fund project that the University of Con- kosher calves and sheep. The new sys- for Animals, Massachusetts Society necticut had started ten years earlier. tem was later installed in two other for the Prevention of Cruelty to Ani- Curved chute systems were an impor- veal plants. mals, and others—funded research at tant innovation for handling cattle the University of Connecticut to because cattle move more easily develop a system for holding calves around a curve (Figure 2). (These sys- The 1990s and sheep in an upright position for tems are described in Grandin kosher slaughter. At that time the 1980b,c, 1987, 1998c, 2000a.) and Behavioral only piece of equipment available for Curved chutes with solid sides, in par- holding an animal in an upright posi- ticular, facilitate cattle movement Principles tion was the ASPCA pen for adult cat- because they take advantage of cat- By the end of 1999, half of all the cattle. A restraint device was needed to tle’s natural tendency to want to tle in the United States and Canada replace the shackling and hoisting of return to where they came from. The were being handled in systems I had calves and sheep. A laboratory proto- chute’s solid sides and curves prevent designed for slaughter plants. I had type was completed during the early cattle from seeing moving people and received a grant to make a large-cat- 1970s (Giger et al. 1977; Westervelt equipment ahead of them in the tle version of the conveyor system at et al. 1976). Stress research conduct- slaughter facility so the animals are Utica Veal (Grandin 1991, 2000a) ed at the University of Connecticut less likely to react to the sight by (Figure 3). Cattle entered it more demonstrated that having an animal attempting to go backward. easily and rode more quietly than straddle a moving conveyor was a low- In 1986 the CLP asked me to they had in the V conveyor restrainer. stress method of restraint. The labo- design and install the University of One challenge was that adult cattle ratory prototype was a major innova- Connecticut system in a veal calf are wilder and more difficult to han- tion, but many more components had plant, Utica Veal. We rescued the ply- dle than are tame veal calves. The to be developed to make a commer- wood prototype, which was practically first time the restrainer was run at cially viable system. Since no slaugh- on its way to the landfill, and added the Excel plant in Schyler, Nebraska, ter plant was interested in imple- several other components to make it the cattle refused to enter and they menting the design, the prototype work commercially (Grandin 1988b). did not ride quietly as had the tame was put in an old sheep barn. One was a new entrance design that calves at Utica Veal. Two very simple changes solved the problem, and The 1980s and the Kosher Calf Project During the early 1980s, plant line speeds increased and the labor unions were no longer so powerful. The old Swift and Armour plants, which had employed union labor, were closed. They could no longer compete with new companies that paid lower wages and had fewer restrictive work rules. The emphasis was now on speed, speed, and more speed. In some large plants, stunning practices actually worsened compared to conditions in the 1970s. Crews were reduced in size, and cattle were being handled at a rate of 250 per hour. It was a bad Figure 2. time for both the animals and the Cattle stay calmer because they cannot see the handler on the ramp when they first enter meat industry. the chute. A curved chute also takes advantage of the natural tendency of cattle to want to During that decade I completed two head back to where they came from.

Progress in Livestock Handling and Slaughter Techniques in the United States, 1970—2000 103 The cattle ride along on the moving conveyor. Design details are very important. Cattle remain calmer if the solid hold-down rack is long enough to block the animals’ vision until they are completely off the entrance ramp. The solid false floor prevents cattle from seeing a steep drop-off under the conveyor. In a well-designed system that has proper lighting, 95 percent of the cattle will enter without the use of an electric prod. their success showed the power of removing parts they perceive as I designed a new head-holding device using behavior modification, instead unnecessary. They have not been able for the center-track restrainer (Figure of force, to handle cattle. Both to understand why a piece of metal 4). The new design was a great changes calmed the cattle by control- that blocked the animal’s vision was improvement over the system at ling what they could see. so important. Spencer Foods. The new head holder First, I installed a false floor made At one plant I visited recently, cat- was very similar to the one on an of the conveyor belting. Since the tle were balking, refusing to enter the ASPCA pen. It was mounted on two restrainer conveyor was seven feet off restrainer or not riding quietly. The sliding doors, and the two halves of the floor, the entering cattle had been equipment company had left out the the chin lift slid apart sideways greeted by a “visual cliff” effect. false floor and had shortened the (Grandin 2000a). Ruminants such as cattle and sheep piece of metal that blocked the ani- Employee safety was a major reason can perceive depth (Lemman and Pat- mals’ vision. It had also added a corporations sought to eliminate terson 1964). The belting under the hydraulic cylinder to forcibly push shackling and hoisting of fully con- conveyor provided the animals with rearing cattle down, thinking that scious cattle. Another was Henry the illusion of a solid floor to walk on this was an improvement! I had the Spira, a well-known animal activist, (Grandin 1991, 2000a). maintenance shop build a false floor who wrote letters pointing out the The second change was even easier. and add more metal sheeting to block method’s shortcomings to several A piece of cardboard positioned six the cattle’s vision. After these parts corporations still using it. Today 90 inches above the animals’ backs were installed, the cattle rode calmly. percent of the kosher-slaughtered cat- blocked the animals’ vision straight A two-foot difference in a piece of tle in the United States are held in an ahead. The cardboard was replaced metal was the difference between upright restraint system. (Unfortu- with metal, and the system worked calm and agitated cattle. nately, about half the kosher veal perfectly. Twenty-five of these center- calves and most of the kosher sheep track restrainer systems are now in in the United States are still shackled use around the world. Kosher and hoisted prior to the throat cut.) Although the center-track conveyor In Europe, Canada, and Australia, restrainer was rapidly adopted by the Slaughter upright restraint is now required for industry, one of my biggest frustra- all animals. However, countries such tions has been getting people to fully in the 1990s as Uruguay and Guatemala still use understand the power of using behav- Between 1993 and 1995, several large shackling and hoisting techniques. ioral principles to handle animals. shackle-hoist systems were ripped out Both export meat to Israel and the Equipment companies have often and replaced with either ASPCA pens United States. tried to “improve” the restrainer by or a center-track restrainer system. From an animal welfare perspec- 104 The State of the Animals: 2001 How Stressful is Slaughter? Literature shows equivalent levels of cortisol, a stress hormone, in animals handled at slaughter plants and in animals restrained for vaccinations on the farm. Walking through the chutes at a slaughter plant does cause some stress, but it is similar to that of on-farm restraint and handling (Grandin 1997a reviewed Lay et al. 1992; Crookshank et al. 1979; Ray et al. 1972; Zavy et al. 1992; Mitchell et al. 1988; Ewbank et al. 1992; Dunn 1990; Cockram and Corley 1991; Tume and Shaw 1992.) The cortisol range for both on-farm handling and cattle slaughter was 24 to 63 ng/mL. The one exception was a kosher plant that inverted cattle on their backs for 103 seconds; those animals had 93 ng/mL (Dunn 1990). Current Cattle Industry Problems (A) Bi-parting sliding doors with the two halves of the chin lift mounted on them. At the beginning of my career, I (B) Forehead bracket slides up and down. A three-inch-diameter pipe fits behind the thought I could fix all plant problems animal’s poll. (C) A chin-lift yoke raises the head. The chin lift pivots on the sliding with better engineering. I do not doors. (D) The conveyor on which the animal is riding is stopped. believe this today! By the 1990s the meat industry had cattle handling tive, the variables of kosher slaugh- From my work with kosher restraint equipment that was vastly superior to ter—the throat cut and the method devices, I developed four behavior- the equipment in the old Swift plant, of restraint—must be evaluated sepa- based principles of restraint. They but good equipment and engineering rately. When conscious animals are are: 1) the animal’s vision should be are only one-third of the equation. shackled and hoisted, it is impossible blocked so that the animal does not Good management and well-trained to observe the reaction to the throat see people and other moving objects; employees make up the other two- cut itself because the suspended ani- the view of a pathway for escape thirds. Good equipment provides the mal is fighting the highly stressful should also be blocked until the ani- tools that make good handling easier, restraint. Once I had built a restraint mal is fully restrained; 2) optimal but it is useless without good man- device that would hold the animal pressure of holding machinery should agement. In a few poorly managed gently, it became possible to observe not be too tight or too loose, otherwise plants, some of the worst acts of cru- the reactions to the throat cut, or the animal will struggle; 3) equipment elty I have witnessed happened with shechita. When the cut is made cor- should operate with a slow, steady equipment I designed. In these cases, rectly, the animal appears not to feel movement; sudden jerky motion employees were completely unsuper- it (Grandin 1994, 1992; Grandin and scares the animal; and 4) the fear-of- vised. For most of my career, I worked Regenstein 1994). When the head falling righting reflex should not be trig- with the meat industry primarily as a holder was loose enough for the ani- gered; the restrainer must either fully designer and supervisor of equipment mal to move it, the animal did not support an animal or have non-slip installation, so I was able to witness move at all when the cut was per- footing (Grandin 2000a, 1994). “normal” employee behavior. formed correctly. In the mid-1990s, cattle stunning was a definite problem. In 1996 only

Progress in Livestock Handling and Slaughter Techniques in the United States, 1970—2000 105 30 percent of the plants stunned 95 percent of their cattle correctly— Employee A Major Change with one shot (Grandin 1997a,b). I saw more improvement in both han- Cattle were re-stunned prior to bleed- Psychology dling and stunning from 1997 to ing. (Pig stunning was much better, I have observed hundreds of people 1999 than I had seen previously in my with 90 percent of the plants stun- working in slaughter plants. They fall entire career. Two fast-food compa- ning pigs correctly. Eisnitz [1997] into three basic psychology types: 1) nies started auditing U.S. plants dur- did describe horrific conditions in box stapler 2) sacred ritual 3) sadist ing 1999 to make sure they complied two terrible plants, where pigs were (Grandin 1988c). The vast majority of with the American Meat Institute scalded alive and cattle were skinned the employees who stun cattle Guidelines (Grandin 1997c). Both alive. I have observed many abuses, become “box staplers.” They do their federally inspected beef and pork such as broken stun guns, the drag- job as if they were stapling boxes on plants were scored objectively. Many ging of downed, crippled animals, and an assembly line. They will seldom plants now have better stunner main- deliberately driving animals over the engage in deliberate cruelty. Rabbis tenance, and electric prod usage has top of a downed animal; but in the who perform kosher slaughter view it been greatly reduced. One company vast majority of plants, I have never as a religious ritual and they concen- audited forty-one beef plants in 1999; observed live pigs going into the trate on their work within that con- I was present at about half of the scalder or live cattle being dismem- text. Unfortunately, there are a few audits. By end of 1999, 90 percent of bered. When a live pig is scalded, the people who become sadists, and man- beef plants were stunning 95 percent USDA will usually condemn the car- agement should remove them from of the cattle they processed with one cass as unfit because water has been contact with animals. shot; 37 percent were stunning 99 aspirated into the lungs. This pro- The well-managed plant has a man- percent to 100 percent with one shot vides an economic incentive to stun ager or quality-control person who (Grandin 2000b). If the first shot and bleed pigs properly.) acts as a “conscience” to control missed, the animal was immediately People often mistakenly equate behavior. In a poorly managed plant, restunned. (This was a big improve- reflexive kicking with animal con- employees may become rough unless ment over performance noted in sciousness. Grandin (1994) and Gre- someone in authority controls their the 1996 USDA survey [Grandin gory (1998) explain how to assess behavior. It is important not to over- 1997a,b].) Large flags were being insensibility. The beef plant described work employees who handle or stun used to move pigs, and a piece of plas- by Eisnitz (1997) was a small plant animals. Bad behavior is more likely tic on a stick was being used to move where the same employee who bled to occur if the employee is over- cattle. These devices had replaced the animal also skinned the head. whelmed or if equipment is in need of many electric prods. Doing something terrible like skin- repair. For good conditions, animal- In beef production, plants were ning a live head is more likely to handling and -stunning jobs must not scored on percentage of cattle occur in a small plant where the same be understaffed. stunned with one shot, insensibility person performs both bleeding and I have observed that many plants on the bleed rail, and vocalization the initial stages of skinning. In a will have good management and good during handling. Vocalization (moos large plant, stunned and bled cattle handling in the stockyards, but super- and bellows) is a sensitive indicator carcasses suspended by one rear leg vision in the stunning area will be of welfare-related problems such as are moved along a power chain. The poor. This trend was very evident in excessive electric prod use, slipping first part of the animal skinned after my USDA survey (Grandin 1997a,b). and falling, missed stunner shots, and bleeding is the free rear leg. Skinning People who are too close to killing all excessive pressure from a restraint a “live” leg is very dangerous because the time become callous. The person device (Grandin 1998a,b). it will kick the worker in the face. The who supervises employee behavior in Researchers have found that vocal- employees who do “legging,” there- the stunning area must be involved ization in both cattle and pigs is cor- fore, put a lot of pressure on the stun- enough in the day-to-day operations related with physiological indicators ner operator and bleeder to make to care about the process, but not of stress (Dunn 1990; Warriss et al. sure cattle are dead before they reach so involved that he/she becomes cal- 1994; White et al. 1995). Vocalization the legging stand. (It should be lous and indifferent to suffering. (In is also correlated with pain (Watts noted, however, that supervisors also my USDA survey, the two worst- and Stookey 1998; Weary 1998). put pressure on stunner operators to behaved employees were kill fore- Vocalization scoring can pinpoint keep the line moving rapidly, so oper- men.) The supervisor must have the handling problems. Beef plants with ators may not always be so careful authority to discipline employees who good handling practices will have 3 about making sure that the animals abuse animals. percent or less of their cattle vocaliz- are stunned properly.) ing during handling in the stunning chute (Grandin 1998b). (To keep scoring simple, vocalization is scored

106 The State of the Animals: 2001 Table 1 Improvements in Vocalization Percentages in a Cow Slaughter Plant When Practices and Equipment Were Changed

Audits Vocalization (percentages) Practices and Equipment

1 17 V conveyor restrainer—cows balked at the restrainer entrance and excessive use of electric prod caused vocalization

2 14 No changes in model

3 7 Employee training on reducing prod usage

4 10 Continued working with employees

5 9 Continued working with employees

6 5 Removed V conveyor restrainer and replaced center-track conveyor

7 2 Improved lighting, installed false floor and sheet metal to block the cattle’s vision (these had been left out because the equipment installer did not believe they were important)

on a “yes” and “no” basis—a cow distractions can be found in Grandin by Smith et al. indicated that 1.5 per- either vocalizes or it does not. Vocal- 1998c, 1996.) cent of all culled dairy cows arrived at ization in the yards where cattle are People manage the things that a slaughter plant down and unable to standing undisturbed is not scored.) they measure. Bad practices become walk. In the beef industry, 0.77 per- In 1999 74 percent of forty-two U.S. “normal” if there is no standard to cent of the cows were downers. beef plants had vocalization scores which they can be compared. Vocal- In the past thirty years, although of 3 percent or less for cattle. In 1996 ization scoring can be used to chart the handling of beef cattle on ranch- only 43 percent of the plants had a progress as a plant improves its es and feedlots has improved, welfare vocalization score of 3 percent or less. equipment and practices. Table 1 problems in the transport of old, Excessive electric prod use, due to shows vocalization scored from seven culled dairy cows have worsened. cattle balking, had raised vocalization audits of 100 cattle each in a single Genetics is partly to blame. Selection scores to as high as 17 percent at plant. These audits took place over a of individuals for milk production has some plants. period of several months. increased the incidence of lameness. Vocalization scoring can be used to John Webster at Bristol University in chart handling improvement within a the United Kingdom states that the plant. It also works well on feedlots Dairy and Pig typical cow’s foot can no longer sup- and ranches. Vocalization scores will port its weight. A dairy veterinarian in often be higher than 3 percent when Industry Florida told me that the incidence animals are ear-tagged on ranches or and aspects of lameness in dairy cows feedlots. In contrast, it is easy to have Problems are horrendous. Leg conformation is a 0 percent vocalization rate for ani- The number-one transport problem heritable, and good conformation will mals moving through the chutes, in the 1970s—and the number-one help prevent lameness (Boettcher et being restrained in the squeeze transport problem today—is loading al. 1998; Van Dorp et al. 1998). chute, and being vaccinated. onto a truck animals who are not fit Slaughter plant managers and truck The presence of distractions, which for transport. The dairy industry has drivers have reported that dairies that makes cattle balk, makes a 3 percent some of the worst such problems. use bovine somatrophin (BST), bovine or less vocalization score almost Baby dairy calves, who are too young growth hormone, in their dairy herds impossible. The movement of a to walk, are not fit for transport. Ema- sometimes have more thin, weak small chain hanging in a chute, for ciated or lame dairy cows are not fit cows. Administration of BST reduced example, will make an approaching for transport. Downer dairy cows, body condition score (Jordan et al. animal stop and impede the flow those who are unable to walk, are 1991; and West et al. 1990). Unless of the other animals. Lighting a dark more prevalent now than in 1994. the cow is fed very well, it may lose restrainer entrance will often improve Numbers of beef cattle downers have body condition. The degree of body animal movement. (Information on decreased slightly (Smith et al. 1994, condition reduction is related to the debugging systems and removing 1995; Roeber 2001). The 1999 audit dose of BST.

Progress in Livestock Handling and Slaughter Techniques in the United States, 1970—2000 107 Single-trait selection of pigs for lot that handled cattle roughly in the needed to address problems of faulty rapid growth and leanness has creat- squeeze chute recorded a 16 percent stunning equipment, ever-increasing ed pigs who are more fragile and like- drop in feed consumption the follow- line speed, and enforcement of the ly to die during transport. I have ing day. Humane Slaughter Act when viola- observed that death losses during If good stockmanship could be pur- tions occur. transport have tripled in the 1990s chased, everybody would buy it imme- Attitudes can be changed, and that compared to the 1980s. Some hybrid diately. I have observed that people change can improve both animal wel- pigs are very excitable, which makes buy twice as many books on corral fare and productivity. handling them more difficult design as videos on low-stress cattle (Grandin 2000a). These pigs act as handling and stockmanship princi- though they have high sympathetic ples. They would rather buy equip- Literature Cited nervous system arousal. A tap on the ment than change their behavior. To Biber B., and T. Alkin. 1999. Panic rump will make them squeal. Normal be a really good stockman, one has disorder subtypes: differential pigs are much less likely to startle. to change one’s attitude toward the responses to CO2 challenge 38% Pigs who are selected solely for pro- animals. Animals can no longer be CO2, 65% 02. American Journal of ductivity may have a loss of disease viewed simply as economic units. Psychiatry 156: 739–744. resistance. Genetic factors affect sus- I have observed that when people Boettcher, P.J., J.C. Dekkers, L.O. ceptibility to disease. on farms and in feedlots and meat Warnick, and S.J. Wells. 1998. One of my biggest concerns is the plants start handling animals more Genetic analysis of lameness in cat- possibility that producers are pushing gently, their attitudes toward the tle. Journal of Dairy Science 81: animals beyond their biological lim- animals change. In 1999 when one 1148–56. its. The pig industry, for example, has company’s audits started, many Cockram, M.S., and K.T.T. Corley. repeated most of the mistakes that workers at the company’s plants 1991. Effect of pre-slaughter han- the broiler-chicken industry made. replaced electric prods with other dling on the behaviour and blood Genetic traits are linked in unexpect- driving aids such as flags. I noticed composition of beef cattle. British ed ways. Some pigs grow so fast that that the employees’ manner towards Veterinary Journal 147: 444–54. they have very weak bones. These pigs the animals changed. Instead of Crookshank, H.R., M.H. Elissalde, have large bulging muscles but are so aggressively poking at animals with R.G. White, D.C. Clanton, and H.E. fragile that livestock insurance com- an electric prod, they patted them Smalley. 1979. Effect of transporta- panies will not sell transport insur- gently on the rear. Changing the tion and handling of calves on ance to producers to cover them. For- worker’s actions helps to change the blood serum composition. Journal tunately, some breeders are now worker’s attitudes. of Animal Science 48: 430–35. selecting for more “moderate” pigs, Dodman, N.H. 1977. Observations on which will have fewer problems. the use of the Wernberg dip-lift car- Conclusions bon dioxide apparatus for pre- Promoting better stockmanship is slaughter anesthesia of pigs. British Good essential to improving animal welfare. Veterinary Journal 133: 71–80. Large meat-buying customers such as Dunn, C.S. 1990. Stress reactions of Stockmanship fast-food restaurants in the United cattle undergoing ritual slaughter States and supermarket chains in the using two methods of restraint. Vet- Pays United Kingdom can motivate great erinary Record 126: 522–25. Good stockmanship can improve pro- change by insisting that suppliers Eikelenboom, G. (ed.). 1983. Stunning ductivity of pigs and dairy cattle by uphold better animal welfare stan- animals for slaughter. The Hague, more than 10 percent (Hemsworth dards. The greatest advances of the Netherlands: Martinus Nijhoff. 1998; Rushen et al. 1999). Animals last thirty years have been the result Eisnitz, G.A. 1997. Slaughterhouse. who are fearful around their caretak- of company audits. To maintain such Amherst, N.Y.: Prometheus Books. ers are less productive. They experi- progress, handling and stunning must Ewbank, R., M.J. Parker, and C.W. ence lower weight gain and lower be continually audited, measured, Mason. 1992. Reactions of cattle milk production. Pigs have fewer and managed. Handlers tend to revert to head restraint at stunning: A piglets. At the highest-producing to rough handling unless they are practical dilemma. Animal Welfare dairy in Colorado, the cows are very monitored and managed. An objec- 1: 55–63. tame and approach people for pet- tive scoring system provides a stan- Forslid, A. 1987. Transient neocorti- ting. Good stockmanship costs very dard that can be upheld. An over- col, hippocampal, and amygdaaloid little. Feedlots that handle cattle gen- worked employee cannot do a good EEG silence induced by one-minute tly find that the animals go back onto job of taking care of animals. Good infiltration of high concentration their feed more quickly than those stockmanship requires adequate CO2 in swine. Acta Physiologica who aren’t handled gently. One feed- staffing levels. More efforts are also Scandinavica 130: 1–10. 108 The State of the Animals: 2001 Giger, W., R.P. Prince, R.G. 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110 The State of the Animals: 2001 Animal Research: A Review of Developments, 7CHAPTER 1950–2000

Andrew N. Rowan and Franklin M. Loew

Introduction ne can divide the debate over oft-quoted example (Bliss 1982). with a few minor retrenchment peri- the use of animals in research Opposition to the practice was spo- ods, up to the present time (see Fig- Oand testing into three broad radic and of little impact on policy ure 1). This growth led to an enor- periods. The first started in the 1860s makers, despite the support of such mous expansion in publicly funded and lasted until World War I. During powerful individuals as William Ran- research. In the private sector, the this period, animal research became dolph Hearst (owner of a newspaper discovery of penicillin and strepto- established as an important method empire) on the side of the anti-vivi- mycin led to a tremendous expansion of laboratory investigation and also as section societies. in pharmaceutical research and in the a significant source of public contro- The third phase of the animal size of the prescription drug industry. versy. For a variety of reasons very well research debate started around 1950. These expansions in government researched and analyzed by historians After World War II the government funding for biomedical research and Richard French (1975) and James became a major sponsor of scientific in private-sector investment in drug Turner (1980) (among others), the research, including biomedical re- discovery created an increase in de- public found the idea of deliberately search. The budget of the National mand for laboratory animals. inflicting harm on animals in order to Institutes of Health (NIH) grew dra- learn more about health and medi- matically and has continued to grow, cine particularly disturbing. In the United States, opposition to the use of animals in research appeared to peak around the 1890s and then began to decline. By the end of World War I, following the death in 1916 of two notable advocates for more regulation of animal research (Caroline Earl White of the American Anti-Vivi- section Society and Albert Leffing- well, M.D.), the animal research issue became marginalized and of relatively little consequence for politicians and policy makers. The second phase of the animal research debate lasted from around 1920 to 1950. During this period, animal research continued to develop as a means of discovering new biological data and as a route to potential cures—the discovery of insulin is an

111 may account for another 20–25 percent of the total. Drug discovery and the development of new medical devices and treatments may account for about 35 percent of all animal use with other (“basic”) research account- ing for the remaining 30 percent or so. Trends: Data from Great Britain and Europe Unfortunately we do not have good data on laboratory animal use in the United States, but the Home Office in Great Britain has required researchers to report their animal use since the passage of the first act regulating animal research in 1876. Originally, the Home Office counted the number of “animal experiments,” where an “experiment” was more or less equivalent to one animal. In 1987 the reporting system was changed and expanded as a result of a new cent of the national demand for labo- act (1986) regulating animal research. Trends in ratory animals. In Great Britain the Researchers were now required to testing of personal-care and house- report the number of “animal proce- Animal Use hold products accounted for fewer dures.” The reportable use of animals than 5,000 animal procedures in increased approximately 23 percent Animal User 1990, or around 0.15 percent of total because some uses of animals (for Categories animal use. Among commercial orga- example, the passaging of tumors) According to U.S. Department of Agri- nizations the vast majority of animal that had not been included under culture (USDA) statistics, animal use use is directed toward the discovery, “experiments” were included under is split almost evenly between com- development, and testing of new med- the definition of “procedure.” mercial and noncommercial users icines and therapeutics. The trends in animal use in Great (Newman 1989; Welsh 1991), al- Overall, laboratory animal use can Britain shown in Figure 2 reflect though these analyses leave out the be divided into six basic categories: changes in research during the twen- federal laboratories, which account education; drug discovery and toxicity tieth century. Briefly, the bulk of ani- for somewhere between 15 and 20 testing; the development and toxicity mal use prior to World War II came percent of national laboratory animal testing of other products; the testing from such laboratory activities as use. It seems as though the ratio of biological agents; medical diagno- diagnosis of disease and the produc- between commercial, noncommer- sis; and other research (immunology, tion and safety testing of various bio- cial, and government laboratories in microbiology, oncology, physiology, logical agents (for example, insulin; the United States may be around zoology, ethology, ecology, and a see Bliss 1982, page 172, for com- 45:40:15. In Great Britain commercial host of other disciplines and sub- ments on the search for rabbits to laboratories have always accounted disciplines). No statistics are suffi- standardize insulin batches in the for around two-thirds of the animal ciently detailed to provide an accu- early 1920s). After World War II, ani- use, with educational institutions rate estimate of how animal use is dis- mal use continued to increase due and government laboratories splitting tributed among these six categories. to many new drug discovery projects the remainder. However, diagnosis now represents a and an expansion in university-based Much attention has been focused on minor use of research animals (less research. In the 1970s animal use the use of animals in the testing of than 5 percent), while education prob- peaked and has been in decline for personal-care and household prod- ably accounts for less than 10 per- the last twenty-five years as the phar- ucts, although such use probably cent. Toxicity and safety testing of all maceutical companies moved from accounts for much less than one per- products (including drugs) and the drug development processes that production and testing of vaccines emphasized whole-animal studies to 112 The State of the Animals: 2001 discovery processes that began with studies in cells, cell extracts, and com- Table 1 puters. In addition, animal use in vac- NIH Extramural Grants and Research cine and biological development and testing declined. Animal Use in the United States The downward trend in animal use seen in Great Britain has also NIH U.S. Research Year Extramural Funding Animal Use NIH $/Animal been reported in the Netherlands (a ($ Millions, 1950) (Millions) 50-percent reduction since 1978), Switzerland (a 75-percent reduction 1957 69 17 4.06 since 1983), and Germany (a 40-per- 1970 379 ca.50 7.58 cent decline since 1989). 1992 937 ca.25 37.48 Trends in the United

States to 1990 be greatly reduced or replaced alto- For example, during the 1980s Hoff- What little data are available for gether. Second, concern for animal man–La Roche reduced its animal use research animal use in America indi- welfare grew dramatically in the sec- at its New Jersey research campus cate that the pattern seen in Europe ond half of the twentieth century and from around 1 million to 300,000 per can also be seen in the United States. led to changes in practice and regula- year without reducing its research A survey of animal use in the United tion. These changes emphasized the output (in terms of new drug candi- States conducted under the auspices need for more attention to animal dates) at all (Anonymous 1990). of the International Committee for welfare and the promotion of alterna- The claim that research animal use Laboratory Animal Science in the late tives to the use of animals. Third, all has gone down has been challenged 1950s found that about 17 million lab- aspects of research became more (for example, see Orlans 1994) and is oratory animals were used in 1957. In expensive, including the purchase not easy to prove conclusively. One the late 1960s, surveys by the Institute and maintenance of the disease-free has to draw inferences from USDA for Laboratory Animal Resources animals now needed for good Annual Reports and from other (ILAR) of the National Research Coun- research. Finally, the pharmaceutical sources. However, the information is cil reported that 40–50 million ani- companies changed their drug discov- not particularly reliable, and the mals were being used annually. Thus, ery programs to rely less on random USDA Annual Reports only account there appears to have been a substan- screening of chemicals in large num- for 10 percent or less of total research tial increase in animal use after World bers of animals and more on mecha- animal use (Welsh 1991). This is War II. From 1957 to 1969, NIH fund- nistic studies in non-animal systems. because research facilities are not ing of extramural research increased six-fold in constant dollars, thus a large increase in animal use over this period is hardly surprising. From 1970 to the early 1990s, we estimate that laboratory animal use declined by about 50 percent from its peak in the early 1970s. This halving of research animal use occurred despite the doubling of NIH extramural funding from 1969 to 1991. It appears that several factors led to the reduction—both in actual numbers and in terms of the number of animals required per unit of funding (see Table 1: dollars spent per animal increased ninefold, indicating a general decline in the research demand for animals). First, new scientific techniques (for example, radioimmunoassay and cell culture) were developed and improved to the point where animal use could

Animal Research: A Review of Developments, 1950—2000 113 Trends in the United States since 1990: The Genetic Engineering Impact While overall laboratory animal use has declined substantially, laboratory mice use has been going up in the last five to ten years. The larger research institutions have begun to house more mice, and annual inventories have increased dramatically (see trends for NIH intramural animal use in Figure 4). Note that mouse use fell from 670,000 in 1965 (DHEW 1966) to a low of 295,000 in 1991. In 1997 mouse use had risen to 647,000. However, this does not mean that “research use” of mice has necessari- required by the USDA to disclose al reports submitted to the USDA by ly increased. 1 their use of rats, mice, and birds . In NIH indicate that rats and mice Judging from conversations with addition, individual reports to the accounted for 95.1 percent of all ani- animal care professionals, it appears USDA vary in their thoroughness mal use in 1983 but at the end of that researchers are creating many and accuracy, and some institutions 2000 account for more than 98 per- new strains of mice using genetic- (including federal laboratories, which cent of animal use (however, see engineering techniques. These mouse do not have to report numbers) may details of NIH use in “Trends in the strains are not available from com- not be included in the annual compi- United States since 1990,” below). mercial suppliers. Therefore, the lation because their reports were Other studies support the idea that institutions have to maintain breed- turned in late or not at all. Nonethe- laboratory animal use has declined. ing colonies of these unique strains in less, one can glean some trend infor- The ILAR reported a 40-percent their own facilities to provide a con- mation from the USDA reports if one decrease in the number of animals tinuing supply. Even if a particular focuses exclusively on the six types of used in the United States in the ten strain is not being used at a given animals (dogs, cats, primates, rab- years between 1968 and 1978, based moment, the research scientist may bits, guinea pigs, and hamsters) that on ILAR’s national surveys (NIH still want to maintain it for a possible have been counted regularly since the 1980). Various large companies (for future project. A researcher who may 1970s (see Figure 3). example, Hoffman–La Roche and need no more than 50 of a unique Figure 3 indicates that the number Ciba Geigy) have reported substantial strain of mice a year has to maintain of these animals used annually has declines in animal use since 1980 a breeding colony that might total fallen from a peak of 1,869,000 in (Anonymous 1990). A study of U.S. 500 or more. The surplus mice are 1985 to 913,000 in 1998. The varia- Department of Defense (DOD) labo- either kept as breeding stock or euth- tion in the use of these animals ratory animal use (Weichbrod 1993) anized, but they are still counted as between 1976 and 1985 is probably indicates that the DOD reduced its part of the annual inventory of ani- due more to reporting and tabulation use of laboratory animals (including mals. Universities also seem to be deficiencies than to real annual fluc- rats and mice) from 412,000 in 1983 increasing their colony sizes to main- tuations in animal use. The annual (OTA 1986) to 352,000 in 1986, to tain more unique strains of mice (see, ILAR surveys between 1968 and 1970 267,000 in 1991 (a 35-percent decline for example, Southwick 2000 and the reported an average of 3 million dogs, in nine years). The National Cancer note that Baylor University has spent cats, primates, rabbits, guinea pigs, Institute reported that in looking for $42 million to triple its rodent hold- and hamsters used. Therefore, it cer- anti-cancer drugs it had eliminated ing capacity to 300,000). Laboratory tainly appears as though, among the use of several million mice annu- rodent breeding has long been a rela- these six types of animals, there has ally by switching from the standard tively wasteful process in terms of ani- been a substantial decline in use. It mouse model to a battery of human mal life, and even in economic terms, may be that if there has even been a tumor-cell lines (Rowan 1989). it is relatively inefficient. decline in use of rats and mice, it is not so great (see “Trends in the Unit- ed States since 1990,” below). Annu-

114 The State of the Animals: 2001 Summary animal research have changed sub- port dropped dramatically (Plous In general, the animal protection stantially since then. 1996). While a large majority of the (and research) communities can take In general, polls indicate that about respondents supported the use of heart from the trends in animal use. 75 percent of the public “accepts” the dogs or primates in observational The use of most laboratory animals use of animals in research, while about research and a majority supported (except primates, some farm animals, 60 percent “supports” the practice. research involving confinement, a and mice) is on the decline. Although Support for the use of animals changes large majority opposed the use of mouse use is currently on the according to the type of animal used dogs or primates in research involving increase, new developments in cryo- and the area of research involved. pain or death. The swing was just as genic technologies for storing ova, There is much less support for the use large for research on rats, but the semen, and fertilized embryos should of dogs or primates than for the use of respondents tended to be less con- bring the numbers down again in mice and rats, and the more useful cerned about the use of rats in general. the next decade. In fact, even with the research is perceived to be, the Some idea of recent trends in pub- the increase in mouse breeding in more support there is. For example, lic attitudes can be gleaned from research laboratories, overall use in a 1985 poll, 88 percent would National Science Board (NSB) sur- may not yet have increased. In Great accept the use of rats but only 55 veys. In 1985 the NSB added a ques- Britain, where the use of genetically percent would accept the use of dogs. tion on animal research to its regular modified animals (mostly mice) has In the same poll, only 12 percent survey of public attitudes to science. increased from 50,000 a year in 1990 opposed the use of animals in medical The public was asked if it agreed or to more than 500,000 a year in 1998, research on cancer or diabetes, but disagreed with the statement: “Scien- total animal use has fallen from 3.2 27 percent opposed the use of ani- tists should be allowed to do research million to 2.7 million animal proce- mals in allergy testing (FBR 1985). that causes pain and injury to animals dures over the same period. Thus, the The public is also concerned about like dogs and chimpanzees if it pro- use of genetically modified animals the treatment of research animals, duces new information about health appears to have replaced—rather and a majority supports a strengthen- problems.” This is a deliberately than added to—laboratory animal use. ing of federal regulations and the loaded question in that the costs are development and promotion of alter- high (pain and injury to high-status natives. There are indications (but no animals), but the research is posited national poll data) that the public is as providing benefits in the form of Public Attitudes far less supportive of animal research new information relevant to human to Animal if the animals are perceived to experi- health care. The results of a series of ence distress or suffering. In a survey surveys are presented in Table 2. The Research of adults in Britain, it was found that data in the table endorse the idea In 1949 a poll commissioned by public support for animal research that public support for animal the National Society for Medical dropped by about 20 percent if the research is weakening, especially if Research (NSMR) found that the animals experienced pain, illness, or compared with the survey data from public was very supportive of animal surgery (Aldhous et al. 1999). In a 1949 (NSMR 1949), when more than research—85 percent approved of survey of psychologists in the United 80 percent of respondents supported the use of animals in research and States (only a small percentage of the use of dogs in research. However, only 8 percent disapproved (NSMR whom actually do animal research), it the NSB and 1949 surveys are not Bulletin 1949). Recent surveys indi- was reported that for research that strictly comparable. cate that public attitudes toward involved pain, injury, or death, sup- In conclusion, the public is more

Table 2 Public Attitudes to Animal Research

1985 1988 1990 1993 1996

Support 63 53 50 53 50

Oppose 30 42 45 42 46

Don’t Know 7 5554

Source: National Science Board 1987–1997

Animal Research: A Review of Developments, 1950—2000 115 concerned about the use of animals early efforts at passing legislation pro- the release of pound animals to in research today than at any time in moted the British act as a model for research institutions or abolished the the last fifty years. Research causing American legislation. There were practice altogether. At the federal pain and distress arouses particular hearings in 1962, but little progress level, two more scandals about animal disquiet among both the general pub- was made until February 1966, when research in 1981 and 1984 led to a lic and those with scientific training. a Life magazine exposé of deplorable public clamor for more regulation. conditions in the compound of a New legislation was subsequently dog dealer, “Concentration Camp for passed by the U.S. Congress in 1985. Changes Dogs,” spurred the U.S. Congress into One of the bills required the NIH to action. By July 1966 the Laboratory upgrade its requirements for animal in Animal Animal Welfare Act (LAWA) had been research oversight and the other passed and signed into law. amended the AWA to require more Research However, this legislation regulated attention to protocol review and the only the acquisition and handling of reduction of animal pain and distress Oversight animals by dealers and did not in laboratories. These were major address how animals were cared for developments, analogous to the 1966/ from 1950 or used in laboratories. The LAWA 1970 federal legislation. to the Present was amended in 1970 (and its name The critical elements of the 1985 In 1950 the only national organiza- changed to the Animal Welfare Act, or legislation were the focus on animal tions focusing on the animal research AWA) to include oversight of the care pain and distress, attention to the use issue were the three major antivivi- of research animals in research insti- of alternatives, the establishment of a section organizations (the National, tutions. The USDA was still restricted network of Institutional Animal Care American, and New England Anti-Vivi- from “interfering” in how researchers and Use Committees (IACUCs), and section Societies). None of the other chose and conducted their research the requirement that investigators large animal protection groups was projects using animals. Rats and had to justify why and how they want- prepared to tackle the issue in any mice, which accounted for about 90 ed to use research animals. The AWA sustained way. However, this was soon percent of all laboratory animals, still included a clause that protected to change. New organizations such as were excluded from regulatory over- academic freedom (in essence), but the Animal Welfare Institute (AWI) sight by order of the secretary of agri- now researchers were no longer free and The Humane Society of the Unit- culture. Nonetheless, the AWA began to pursue a particular scientific puz- ed States (HSUS) (founded in 1951 to have an impact and led to zle however they wished. They had to and 1954, respectively) made the ani- improved standards of housing and obtain permission from an institu- mal research issue a major focus of care in laboratory facilities. tional animal care committee. In their work. In 1975 the publication of Peter seeking permission to use animals, For the most part, these groups Singer’s book Animal Liberation was they had to take into account the focused on what they regarded as the another major landmark in animal costs to the animals and articulate to inadequate care of laboratory ani- protection challenges to animal some extent how the proposed bene- mals, but the AWI also actively pro- research. The book empowered ani- fits of the project outweighed those moted the idea of the Three Rs (alter- mal protectionists, providing them costs. For the most part, the search natives) described in a 1959 book by with clear, logical arguments that for new knowledge remains sufficient William Russell and Rex Burch (Rus- helped to launch the modern animal to justify the confinement of animals sell and Burch 1959). By the late rights movement. In the decade in cages and their later euthanasia, 1960s, the idea of alternatives had after the book appeared, more than but it no longer provides carte entered the mainstream of animal a dozen national animal rights blanche for the investigator to do protection thought in the United groups were founded, and most whatever he or she pleases. States and was actively advanced in developed programs against animal Legislative and legal battles contin- public materials (see “The First Forty research. These groups also were ued into the 1990s. Activists cam- Years of the Alternatives Approach” more likely to challenge how animals paigned against “pound seizure,” elsewhere in this volume for more were used (under the slogan “No product safety testing, and the treat- information on alternatives). cages, not better cages”), and the ment of nonhuman primates, and they Animal protection groups focused concept of alternatives became an led the debate on whether research on the need for some sort of federal ever more powerful element in ani- should be covered under state anti- regulatory oversight of animal mal protection campaigning. cruelty laws, the right of private citi- research. Unlike Great Britain, there Pressure continued on federal and zens to sue for enforcement of the was no law governing how laboratory state legislators to tighten the laws AWA, and student rights regarding animals could be used or treated. The controlling animal research. Several dissection and animal experimenta- states either repealed laws permitting tion. Since 1987 approximately one-

116 The State of the Animals: 2001 Table 3 Significant Milestones in Animal Research Oversight in the United States

1963 Production of first edition of The Guide for 1985 Introduction of revised Public Health Service policy the Care and Use of Laboratory Animals on the use of animals in research requiring the establishment of Institutional Animal Care and Use 1965 Formation of American Association for the Committees (IACUCs) for any institution receiving Accreditation of Laboratory Animal Care (AAALAC) Public Health Service funds for animal research. as a self-regulating body of scientific organizations Amendments to the AWA requiring all registered 1966 Passage of the Laboratory Animal Welfare Act research institutions to establish an IACUC to (LAWA), overseeing treatment and acquisition oversee animal research and approve proposed of dogs and cats destined for research protocols. Institutions were required to pay particular attention to minimizing pain and distress and to 1970 Amendments to LAWA, changing its name to the finding alternatives to potentially painful research. Animal Welfare Act (AWA) and extending its reach into research institutions. Specifically, the AWA 1989 Promulgation of regulations implementing 1985 promoted the idea of “adequate veterinary care” AWA amendments and led to considerable growth in the influence and knowledge of laboratory animal veterinarians

fourth of the states have seen the tually the decision was thrown out by animal protection movement in the introduction of bills to end the use the appeals court because the defen- next fifty years? of animals for educational purposes. dants were deemed not to have stand- On the other side, research scientists ing to sue for legislative relief. have campaigned for protection of In the last few years, a second Issues of research facilities against break-ins lawsuit, filed by the Alternatives and vandalism. Research and Development Founda- the Next In the last decade, the USDA tion to require USDA oversight of became more aggressive in pursuing mice, rats, and birds used in research, Few Decades violations of dog and cat acquisition has been wending its way through the by dealers for sale to research labora- courts. Eventually, the courts found Pain and Distress tories. As a result, the number of that one of the plaintiffs, a student While overall animal use has “random source” dogs and cats used who had used rodents in college labo- declined substantially, there has in research is down to about 50,000 a ratory exercises, had standing, and been less attention paid to the ques- the way was cleared for the case to go year (compared with 500,000 a year tion of reducing pain and distress. forward on its merits. At this point, in the late 1960s). Similarly, while there have been There have been a number of legal the USDA sat down with the plaintiffs to negotiate a settlement (the USDA developments in laboratory animal challenges to the manner in which agreed to issue a proposal to regulate anesthesia and analgesia, the larger the USDA is overseeing research ani- rats, mice, and birds under the AWA). issue of developing ways to measure mal use. In January 1992 a U.S. Dis- Research lobbyists were alarmed by animal pain or animal distress so trict Court decided that the USDA’s the fact that these negotiations were that such states can be identified exclusion of rats, mice, and birds conducted in secret and were able to and addressed when they occur is from coverage under the AWA was persuade the Senate Appropriations still in its infancy. Scoring schemes arbitrary and capricious and in viola- Committee to attach language to the have been developed (see Hendrik- tion of the law. In February 1993 the U.S. Department of Agriculture’s sen and Morton 1999 for reviews)— same federal judge determined that appropriations bill. This language and it has been suggested that the regulations developed to ensure prevented the USDA from taking any weight loss could be used as an index psychological well-being for primates action on the rats, mice, and birds of distress (Dallman 2000)—but and exercise for dogs were inadequate issue for one year (until September there are no agreed-upon measures because regulated institutions were 30, 2001). of animal distress that could be allowed to develop their own stan- In sum, legislative and regulatory applied in the laboratory. Perhaps dards. The judge ordered the USDA oversight of research animal use has distress (and pain) are too complex to redo the regulations. The USDA expanded considerably since 1950 for anyone ever to develop an appealed the judge’s ruling, and even- (Table 3). What are the animal unequivocal empirical measure, but research issues that will engage the Animal Research: A Review of Developments, 1950—2000 117 all should make more of an effort to tists, and animal care professionals 1997. As noted above, Baylor Univer- detect distress and then to alleviate involved with laboratory chimpanzees sity has increased the size of its facil- it when it occurs. for the “retirement” of many of these ity and can now house 300,000 mice, The HSUS launched an initiative chimpanzees into appropriate sanctu- or three times its previous capacity. aimed at generating more attention aries. Estimates of the number that Apart from the natural concern to detecting and eliminating pain and might be retired immediately range that the animal protection movement distress (HSUS 2000). The initiative from 100 to more than 500. As of late would have with this growth in labo- has already produced some results. 2000, a bill to provide funding for ratory mouse use, transgenic animals During 2000 there were five national such sanctuaries had passed the U.S. might also experience more distress meetings involving laboratory-animal- House of Representatives and awaited because they suffer from specific care professionals that focused either action in the Senate. Unfortunately, deficits caused by genetic modifica- exclusively or to a significant degree despite very similar goals, consider- tion. However, we have little specific on the pain and distress issue. The able distrust still exists among the information on the potential distress Federation of American Societies of various protagonists (both scientific experienced by genetically modified Experimental Biology organized a and animal protection) seeking to mice. Apart from a general exhorta- workshop on the topic that concluded establish chimpanzee sanctuaries. tion to ICUCs to consider the effects that animal distress was too complex This distrust has already been one fac- of a particular gene manipulation on a concept to define or measure unam- tor (another is the development of animal well-being, there has appar- biguously. The USDA announced its problems with moving individuals of ently been no systematic attention to intention to try to develop a workable an endangered species from one the issue by animal care profession- definition of animal distress and to country to another) in a pharmaceu- als. The reality is still that mice are revise its current pain and distress tical company’s decision not to pur- small creatures that are easy to over- reporting system. sue funding the retirement of some look and that tend to be given rela- The HSUS intends to continue to European chimpanzees to a new sanc- tively limited clinical care in most press forward with its initiative and to tuary in the United States. It is very research facilities2. The whole ques- develop contacts and allies within the likely that the number of chim- tion of the effects of genetic manipu- research community who will support panzees in active research programs lation is an issue to which the animal the development of a more aggressive will continue to fall. What is not so protection movement is going to have program to detect and eliminate ani- certain is whether appropriate sanc- to pay particular attention. In the mal distress in the laboratory. tuaries can be built and funded immediate future, advances in cryo- for those chimpanzees who should genic technology could greatly Primates already be in permanent retirement. reduce the sum total of animal dis- Approximately 50,000 primates (1,700 tress by allowing research institutions of which are chimpanzees) are in U.S. Genetically Modified to “store” new strains of genetically research facilities. In the past few modified mice as frozen embryos rather Animals than as colonies of living animals. years, challenges to the use of pri- Developments in transgenic technol- mates in research have intensified in ogy have led to an explosion in the Reducing Animal both the United States and worldwide. number of mice being kept in the The Third World Congress on Alterna- larger research institutions in the Numbers tives in Bologna, Italy, in 1999, fea- United States. Scientists are very While the number of genetically mod- tured a session based on the proposal excited about some of the possible ified animals in laboratory facilities that the use of primates in laborato- research projects they might be able continues to rise both in the United ries should be “zeroed out.” In the to explore using genetically engi- States and in Europe, the number of United States, various animal activist neered mice (and perhaps rats). For actual animal procedures recorded in groups have begun to campaign for example, scientists have identified Great Britain has declined. In the last such a “zero option” for research pri- about fifty genes linked to heart few years, however, the decline in pro- mates. On the other hand, primate enlargement, or hypertrophy, in mice, cedures has slowed down and may research enjoys a certain cachet in the 60 percent of which were previously even have stopped. Nonetheless it United States that makes it very unknown to be associated with this appears as though research on genet- unlikely that a campaign to end it will condition. In the past five to ten ically modified mice is still replacing succeed anytime soon. years, mouse inventories have dou- (rather than adding to) research The most promising front on pri- bled at many research institutions. using standard laboratory mice. mate research in the United States For example, at NIH, the number of Europe is still discussing the idea of involves laboratory chimpanzees. mice recorded in the annual report setting targets for reducing animal Widespread support exists among ani- for the USDA jumped from just under use (by 50 percent, according to one mal protection organizations, scien- 300,000 in 1991 to over 600,000 in proposal, but no one is sure of what

118 The State of the Animals: 2001 the starting date should be). The Unit- science. In the end, greater attention ical Ethics, University of Birming- ed States lacks the necessary report- to animal welfare will not harm bio- ham, Birmingham B15 2TT, UK.) ing structures that would permit the medical research, it will enhance both The Humane Society of the United tracking of accurate trends in labora- its productivity and its reputation in States (HSUS). 2000. Taking ani- tory animal use. However, both scien- the eyes of the public. mal welfare seriously: Minimizing tific organizations and the animal pain and distress in research ani- protection movement have an inter- Notes mals. Washington, D.C.: HSUS, Ani- est in using as few animals as possible mal Research Issues Section. 1 and in eventually eliminating their In 2000 the USDA, in a settlement forced by National Institutes of Health (NIH). a legal challenge, agreed to promulgate regula- use altogether (as a representative for tions to include rats, mice, and birds. However, 1980. National survey of laboratory the Foundation for Biomedical the U.S. Congress then inserted language into animal facilities and resources. In Research stated to the Boston Globe). the Agriculture Appropriations bill that delayed NIH Publication No. 80-2091. Wash- any implementation of the agreement for at least The challenge (and the policy con- a year. ington, D.C.: U.S. Department of flict) resides in deciding what would Health and Human Services. 2 be an appropriate timetable and how Also, in settings more familiar to most citi- National Science Board (NSB). zens, mice and rats are usually considered to be much effort should be put into such a vermin and thus there is the implicit sense that 1986–1997. National Science goal. Nonetheless, one can guarantee these creatures are not as worthy of attention. Board: Science and Engineering that there will continue to be pres- Opinion polls usually find that the public is not as Indicators. 1986, 1989, 1991, concerned about the use of mice and rats as they sure from both external and internal are about the use of dogs or primates, for example 1994, 1997. Washington, D.C.: U.S. sources on research institutions to (cf. Herzog, Rowan, and Kossow in this volume). Government Printing Office. reduce laboratory animal inventories National Society for Medical Research and use. (NSMR). 1949. Bulletin. Literature Cited Newman, A. 1989. Research versus Aldhous, P., Coghlan, A., and Copley, animal rights: Is there a middle Conclusion J. 1999. Let the people speak. Ani- ground? American Scientist 77: There is no question that consider- mal experiments: Where do you 135–137. able progress has been made in draw the line? New Scientist, 22 Office of Technology Assessment. reducing laboratory animal use and May, 26–31. 1986. Alternatives to animal use in in improving the welfare of laboratory Anonymous. 1990. Statistics on the research, testing, and education. animals in the last fifty years. Three Rs. The Alternatives Report Washington, D.C.: U.S. Government Improvements in veterinary health 2(2). (Available from the Tufts Cen- Printing Office. management have, for example, elim- ter for Animals and Public Policy.) Orlans, F.B. 1994. Data on animal inated a considerable amount of dis- Bliss, M. 1982. The discovery of experimentation in the U.S.: What ease that would have caused animal insulin. Chicago: University of they do and do not show. Perspec- distress. Higher standards of veteri- Chicago Press. tives in Biology and Medicine 37: nary care mean fewer animals die Dallman, M.F. 2000. Stress and energy 217–31. before or during the research from balance: The rationale for and utility Plous, S. 1996. Attitudes towards the unrelated disease and fewer animals of measuring body weight. Present- use of animals in psychology are needed for a particular project. In ed at FASEB Workshop, August. research and education: Results addition, new research technologies Foundation for Biomedical Research from a national survey of psycholo- and improvements in existing tech- (FBR). 1985. Members of the Amer- gists. American Psychologist 51: niques mean that more data can be ican public comment on the uses of 1167–80. (Also see 1998 paper at generated from many fewer animals animals in medical research and http://altweb.jhsph.edu/science/ than was the case in 1950. testing. Washington, D.C.: FBR. meetings/pain/plous.htm.) There is no question that much French, R.D. 1975. Antivivisection Rowan, A.N. 1989. Scientists should more progress is possible. Improve- and medical science in Victorian institute and publicize programs to ments in monitoring animal distress England. Princeton, N.J.: Princeton reduce the use and abuse of ani- will benefit both the animals and the University Press. mals in research. Chronicle of High- scientific projects in which they are Hendriksen, C.F.M., and D.B. Morton. er Education, April 12, B1–3. used. Primate housing is far from 1999. Humane endpoints in ani- Russell, W.M.S., and R.L. Burch. ideal. Keeping a large monkey in a mal experiments for biomedical 1959. The principles of humane small cage for years at a time cannot research. Proceedings of the Inter- experimental technique. London: be regarded as acceptable. Laborato- national Conference, 22–25 Novem- Methuen. ry animal numbers are still very high ber, 1998, Zeist, The Netherlands. Singer, P. 1990/1975. Animal libera- and we need aggressively to pursue (Inquiries to CFMH, RIVM, P.O. Box tion. New York: Random House/ ways to continue to drive those num- 1, 3720 BA Bilthoven, The Nether- New York Review of Books. bers down while still promoting good lands; or DBM, Centre for Biomed- Animal Research: A Review of Developments, 1950—2000 119 Southwick, R. 2000. Animal rights groups gain ground with subtler approaches worrying researchers. Chronicle of Higher Education, October 27. Turner, J. 1980. Reckoning with the beast. Baltimore: Thorsons Pub- lishers. U.S. Department of Health, Educa- tion, and Welfare (DHEW). 1966. The care and management of laboratory animals used in programs of the Department of Health, Educa- tion, and Welfare. Washington, D.C.: DHEW Division of Operations Analysis, Office of the Comptroller. Weichbrod, R.H. 1993. Animal use in Department of Defense research facilities: An analysis of “Annual Reports of Research Facility,” filed with the U.S. Department of Agriculture, 1986–1991. Doctoral dissertation/partial fulfillment, Waldon University Institute for Advanced Studies, Maryland. Welsh, H. 1991. Animal testing and consumer products. Washington, D.C.: Investor Responsibility Research Center.

120 The State of the Animals: 2001 The First Forty Years of the Alternatives Approach: 8CHAPTER Refining, Reducing, and Replacing the Use of Laboratory Animals

An updated version of “Looking Back Thirty-three Years to Russell and Burch: The Development of the Concept of the Three Rs (Alternatives)” (Rowan 1994)

Martin L. Stephens, Alan M. Goldberg, and Andrew N. Rowan

Introduction he concept of the Three Rs— were established during the ’90s. By proved unpersuasive (French 1975; reduction, refinement, and 2000 the use of animals in research Turner 1980). Activism in the United Treplacement of animal use in had fallen by up to fifty percent from States over animal research waned biomedical experimentation—stems its high in the 1970s. after World War I and remained at a from a project launched in 1954 by low level until after World War II, a British organization, the Universi- when a new dimension in the animal ties Federation for Animal Welfare The Alternatives research controversy emerged. (UFAW). UFAW commissioned William Spurred in part by advances in Russell and Rex Burch to analyze the Approach in technological methods, animal pro- status of humane experimental tech- tectionists began advocating for niques involving animals. In 1959 the Context alternatives to laboratory animal use, these scientists published a book that of the Animal not simply advocating against animal set out the principles of the Three Rs, use or otherwise criticizing the sta- which came to be known as alterna- tus quo. These alternatives make up Research Issue the Three Rs: methods that could tive methods. Initially, Russell and Animals have been used as experi- replace or reduce laboratory animal Burch’s book was largely ignored, but mental subjects in biomedical re- use in specific procedures or refine their ideas were gradually picked up search, testing, and education during such use so that animals experience by the animal protection community the last 150 to 200 years, but the less suffering. Sympathetic scientists in the 1960s and early ’70s. In the practice began to burgeon in nine- joined in this more constructive ’80s, spurred by public pressure, the teenth century Europe. Alarmed by approach; indeed, scientists them- alternatives approach was incorporat- this increase, early critics of animal selves were the ones who first formu- ed into national legislation through- research challenged it from several lated the Three Rs concept. At the out the developed countries and perspectives. They argued variously dawn of the twenty-first century, this embraced by industry in Europe and that animal research was cruel and approach is proving to be a powerful America. Government centers devot- inhumane; unethical; and medically force in decreasing the use and dis- ed to the validation and regulatory unproductive, unnecessary, or even tress of animals in experimental biol- acceptance of alternative methods misleading. Their criticism largely ogy and medicine.

121 Table 1 Alternatives Chronology: 1876–1959

1876 Cruelty to Animals Act—the first law to specifically 1954 Universities Federation for Animal Welfare (UFAW) regulate animal experimentation—is enacted in establishes a committee to study humane techniques Great Britain. used in laboratory animal experiments.

1927 The LD50 Test is introduced to standardize the 1957 UFAW holds a symposium, “Humane Techniques in potency of digitalis extract. the Laboratory,” at which William Russell presents a paper, marking the first time the Three Rs of 1938 The Federal Food, Drug, and Cosmetic Act is enacted, replacement, reduction, and refinement are discussed marking the first time a U.S. government agency in public. is given the power to regulate consumer products. 1959 Russell and Burch’s study is published as The Principles 1944 Eye irritancy testing is standardized as the of Humane Experimental Technique, which develops Draize Test. the Three Rs approach at length.

Estimates of the numbers of re- British experimental physiologist dur- emerge from the work of UFAW. search animals used annually in the ing the first half of the nineteenth UFAW published a handbook on the United States and worldwide are high- century, proposed five principles for care and management of laboratory ly speculative. The last official esti- animal experimentation that would animals (Worden 1947) that was well mate for the United States was 17 to eliminate unnecessary and repetitive received. This gave UFAW the confi- 22 million animals (U.S. Office of procedures and minimize suffering dence to address the more con- Technology Assessment 1986), but (Manuel 1987). Hall also recommend- tentious topic of experimental tech- that study was conducted more than ed the use of phylogenetically “lower,” niques involving animals (as distinct fifteen years ago. There is some evi- less sentient, animals and praised the from animal care). Accordingly, in dence that this estimate was made findings of a colleague who demon- 1954 Major Charles Hume (the during a period of declining animal strated that an animal that had just founder of UFAW and its director at use that began in the 1960s and been killed could be substituted for a the time) established a committee to continued into the ’90s (Rowan et living one, thereby eliminating pain. initiate a systematic examination of al. 1995). Consequently, the current figure could be lower. Worldwide Fifty years after Hall set out his the progress of humane technique in animal use was estimated to be five principles, a short-lived research the laboratory. Hume served as the between 60 and 85 million animals foundation—the Leigh Brown Trust— committee’s secretary, but it is note- in the early 1990s (Rowan 1995), was established to promote and worthy that the committee was but more conservative estimates of encourage scientific research without chaired by Peter Medawar, a well- rodent use suggest a total of 40 mil- inflicting pain on experimental ani- respected immunologist, and also lion animals worldwide (D. Kawahara, mals (French 1975). Although the included among its members William personal communication with A. Trust commissioned several publica- Lane-Petter, secretary of the Research Goldberg 1998). tions in the 1890s, it never succeeded Defence Society, an organization in developing a research program established to defend animal research. that convinced a significant propor- The committee employed William The 1950s: tion of the research community to Russell (a zoologist) and Rex Burch (a adopt its principles. From 1900 to microbiologist) to carry out the pro- The Three 1950, those who opposed the use of ject (Hume 1962). animals lost much of their political The exact origin of the Three Rs Rs Approach influence and were relegated to the concept is not entirely clear (Russell fringes of political activity. As a 1995). In a 1959 talk, Hume indicat- Launched result, little attention was paid to the ed that Russell was the originator The British scientists William Russell ethical questions posed by the use of of the “Three Rs” concept (Hume and Rex Burch formally launched the animals in research. 1962), while Russell (1995), in a ret- Three Rs with their book The Princi- After World War II, interest in the rospective paper entitled “The Devel- ples of Humane Experimental Tech- animal research issue began to grow opment of the Three Rs Concept,” nique (Russell and Burch 1959). How- again. In the United States, newly ever, hints of Russell and Burch’s credited Hume as our “inspiration and formed animal protection groups guide throughout.” In that paper Rus- ideas had appeared in earlier discus- began to criticize animal research sell recalled that the Three Rs concept sions about the appropriate use of practices. In England the Three Rs evolved sometime between the sum- animals in research. Marshall Hall, a concept of alternatives began to

122 The State of the Animals: 2001 Table 2 Alternatives Chronology: 1960 –1969

1962 Lawson Tait Trust (UK) is established—the first 1967 United Action for Animals is formed in the research fund to support the scientific development United States and later campaigns specifically of alternatives. for replacement alternatives.

1963 The first edition of The Guide for the Care and Use of 1969 The Fund for the Replacement of Animals in Laboratory Animals, written by the National Academy Medical Experiments (FRAME) is formed in the of Sciences, is published by the National Institutes United Kingdom to promote to the scientific of Health. community the idea of alternatives.

1965 Littlewood Committee Report (UK) concludes that 1969 Lord Dowding Fund (UK) is established to support little would be gained by paying special attention alternatives research. to alternatives. Sir Peter Medawar correctly predicts the subsequent worldwide decline in animal use.

mer of 1955 and May 1957. The first examples of the lukewarm reaction to of animal research to medical ad- recorded mention of the Three Rs was the book within the scientific commu- vance and mentioned Russell and on May 7, 1957, at a meeting, nity. In Nature, a leading international Burch and the concept of the Three “Humane Technique in the Laborato- science journal based in England, Rs only once, in a final chapter. He ry,” organized by UFAW and chaired by Weatherall (1959) commented: noted that distinguished scientists at Medawar. Russell (1957) gave a pre- [It] is useful to have a résumé a UFAW meeting sentation at this meeting in which he of ways which have already been discussed, among other things, described the Three Rs. A brief pro- adopted to make experimentation how the numbers of laboratory ceedings (Anonymous 1957) was pub- as humane as possible…[but the animals used, and the numbers of lished later that year by the Laborato- book] is not sufficiently informa- experiments done on them, could ry Animals Bureau of the Medical tive to be used as guide either to be reduced, how their welfare details of experimental design or could be improved, how the tech- Research Council. Many of the argu- to the husbandry of experimental niques used could be refined and ments and ideas presented by Russell animals. Perhaps its chief purpose how far, as Russell and Burch and the other speakers later appeared is to stimulate thought on both of (1959) also discuss, animals could in The Principles of Humane Experi- these topics, and it is to be hoped be replaced, for certain kinds of mental Technique (Russell and Burch it will succeed in doing so. experiments at any rate. 1959). See Table 1 for a chronology of The British journal Veterinary After the initial book reviews and these and other early developments. Record (Anonymous 1959) comment- aside from the occasional mention of It is noteworthy from an American ed that the book contained an impor- the idea of alternatives in the techni- perspective that the U.S.-based Ani- tant message and hoped that it would cal literature, the scientific commu- mal Welfare Institute (AWI) provided not be relegated “to the shelves mere- nity largely ignored Russell and financial support to Russell and ly for reference,” but found the phi- Burch’s book for nearly two decades. Burch’s project and that AWI’s Chris- losophy “somewhat difficult reading.” According to an analysis by Phillips tine Stevens made frequent visits to The British medical journal The and Sechzer (1989), the term “alter- England to encourage their work Lancet (Anonymous 1960) also found natives” did not appear in the scien- (Russell 1995). the book difficult going, noting that tific literature on the animal research “its purpose is admirable, and its mat- issue in the 1960s, aside from a 1966 ter unexceptionable,” but “it is not paper alluding to the concept. The 1960s: easy reading.” It is not clear whether During the 1960s, the animal pro- the tepid reviews reflected a general tection community occasionally heed- Dormancy lack of interest in the topic or were a ed Russell and Burch’s 1959 call for Although The Principles of Humane reaction to the book’s arguments (a alternatives (Table 2). In 1962 three Experimental Technique has now be- contemporaneous Nature review of a leading antivivisection societies in come the classic text on alternatives, it book that defended the use of ani- the United Kingdom (the British received little attention when it was mals [LaPage 1960] was, by contrast, Union for the Abolition of Vivisection, published in 1959 despite its promo- full of praise). the National Antivivisection Society tion by UFAW in England and the AWI LaPage’s (1960) defense of animal [NAVS], and the Scottish Society for in the United States. There are several research described the contributions the Prevention of Vivisection) estab-

The First Forty Years of the Alternatives Approach: Refining, Reducing, and Replacing the Use of Laboratory Animals 123 lished the Lawson Tait Trust to demand for animal experimentation. terms, commenting that FRAME encourage and support researchers In the United States in the early might be better named FRAUDS (Fund who were not using any animals in 1960s, pressure from animal protec- for the Replacement of Animals Used their research. In 1967 United Action tionists led to several congressional in the Discovery of Science). for Animals was established in the hearings on bills to regulate animal By the close of the 1960s, Peter United States to promote alterna- research. The printed record of the Medawar, the British scientist who tives, focusing on the principle of 1962 hearings is 375 pages long but had encouraged UFAW to undertake replacement. It’s founder, Eleanor apparently contains only one refer- the Russell and Burch project, had Seiling, spent many hours in the New ence to Russell and Burch and none won a Nobel Prize for his work in York Public Library poring through at all to alternatives (U.S. Congress immunology and had been knighted scientific journals looking for exam- 1962). The one reference to Russell by the British Crown. In a 1969 essay ples of unnecessary animal research and Burch came in testimony by published a few years later, Medawar and of alternatives. However, she Hume, still the director of UFAW, who commented presciently on the appears to have been a lone voice in had been flown to the United States prospects for alternatives and a the United States. By and large the to testify that the Cruelty to Animals decrease in animal use: animal protection literature of the Act (1876) was well regarded by The use of animals in laboratories 1960s did not pay much attention to British scientists. Also in 1962, The to enlarge our understanding of the idea of alternatives. Humane Society of the United States nature is part of a far wider Aside from these few examples of (HSUS) published a booklet, Animals exploratory process, and one can- individuals taking up Russell and in Research, that alluded to the con- not assay its value in isolation—as Burch’s challenge in the years imme- cept of reduction. The booklet report- if it were an activity which, if pro- diately following publication of their ed the results of an analysis commis- hibited, would deprive us only of book, their ideas did surface directly sioned by The HSUS and carried out the material benefits that grow or indirectly from time to time. In the by Westat Research Analysts of the directly out of its own use. Any early 1960s, the British Home Office statistical approach used in published such prohibition of learning or set up a Committee of Inquiry into research papers (Anonymous 1962). confinement of the understand- the workings of the 1876 Cruelty to The analysts concluded that the sta- ing would have widespread and Animals Act, chaired by Sir Sidney tistical design of the published stud- damaging consequences; but this Littlewood. The Littlewood Commit- ies was usually inadequate and that at does not imply that we are forever- tee report (1965) addressed the least 25 percent fewer animals could more, and in increasing numbers, question of alternatives only briefly, have been used without altering the to enlist animals in the scientific but the mention at least indicated validity of the results. service of man. I think that the use that the issue was beginning to be Arguably the most significant devel- of experimental animals on the raised in public discourse. The Com- opment on the alternatives front dur- present scale is a temporary mittee reported that it had ing the 1960s was the establishment episode in biological and medical repeatedly questioned scientific in 1969 of the U.K.-based charitable history, and that its peak will be witnesses about the existence of organization FRAME (Fund for the reached in ten years time, or per- alternative methods which would Replacement of Animals in Medical haps even sooner. In the mean- avoid the use of living animals. Experiments) to promote the concept time, we must grapple with the The replies have been unanimous of alternatives among scientists. paradox that nothing but rein assuring us that such methods Although small in size and influence search on animals will provide us are actively sought and when in its early years, FRAME has become with the knowledge that will found are readily adopted…Dis- a powerful force for advancing alter- make it possible for us, one day, coveries of adequate substitutes native methods. Also in 1969 the to dispense with the use of them for animal tests have, however, so U.K.-based NAVS set up the Lord altogether” (Medawar 1972, far been uncommon, and we have Dowding Fund to support alternatives emphasis added). not been encouraged to believe research. Both FRAME and the Dowd- that they are likely to be more fre- ing Fund were relatively well received quent in the future” (paragraph by some popular science magazines 71). (both the New Scientist and World The Committee accepted these Medicine praised the new, more scien- arguments and concluded that the tific approach represented by the two demand for the use of animals in organizations). Attitudes in the Unit- biomedical research was likely to ed States were more negative. A 1971 increase in the coming years and that editorial in the Journal of the Ameri- the discovery of substitutes for ani- can Medical Association (Anonymous mal tests was not likely to affect the 1971) criticized FRAME in scathing

124 The State of the Animals: 2001 Table 3 Alternatives Chronology: 1970 –1979

1970 FRAME publishes Is the Laboratory Obsolete?, 1978 FRAME hosts “Alternatives in Drug Development which outlines replacement methodologies such as and Testing” at the Royal Society—Europe’s first computer modeling, tissue culture studies, and the big scientific meeting on alternatives. use of lower organisms. David Smyth, president of the United Kingdom 1971 Council of Europe Resolution 621 suggests that Research Defense Society—established to support an alternatives database be established, the first animal research—publishes the first book examining significant government recommendation alternatives since the publication of Russell and on alternatives. Burch’s 1959 work. Bruce Ames of the University of California at Berkeley 1979 At the urging of United Action for Animals, the introduces a nonanimal test for detecting mutation- Research Modernization Act (H.R. 4805), which causing substances, later known as the Ames Test, would redirect 30–50 percent of animal research using a bacterium. funding to alternatives, is introduced in Congress.

1972 The Felix Wankel Prize (now 50,000 deutsche marks) The Swedish government allocates $90,000 in for advancing the field of alternatives is offered for funding for alternatives—the first government the first time. funding for alternatives. The Dutch Minister of Health states that the 1973 FRAME begins to publish ATLA (Alternatives to government supports the use of alternatives. Laboratory Animals).

1975 The U.S. National Academy of Sciences holds the United States’ first major scientific meeting on alternatives.

1977 The Netherlands Animal Protection Law includes a specific section on alternatives that has grown into a program in which the government provides the equivalent of hundreds of thousands of dollars to support alternatives research.

tion and information center on alter- In 1977 the Netherlands Animal Pro- The 1970s: natives and tissue banks for research. tection Law included a specific sec- Deliberations on Resolution 621 did tion on alternatives that has grown Animal not begin until the late ’70s, and the into a program in which the govern- ensuing final Council of Europe Con- ment provides the equivalent of hun- Protectionists vention dropped some of the specific dreds of thousands of dollars to sup- Heed the Call recommendations on alternatives. port alternatives research. During the 1970s, the alternatives Instead, the Convention reflected the In the United Kingdom, FRAME approach became a key theme for the broad concern over animal research began publishing ATLA Abstracts to animal protection movement, which and made some rather general rec- identify articles in the scientific liter- was growing in both size and political ommendations on alternatives. ature that focused on alternatives. clout (Rowan 1989). The HSUS estab- In Europe a number of countries While the journal had little impact lished a committee of experts on (for example, Denmark, the Federal when it was simply publishing alternatives in the early ’70s and later Republic of Germany, the Netherlands, abstracts, it started to include review in the decade published a twenty-five Sweden, and Switzerland) enacted ani- articles in 1976 and then, early in the page booklet on the subject (Rowan mal research legislation that included ’80s, dropped the abstracts altogeth- 1979). The political and scientific specific support for alternatives. In er and adopted its current format, establishments also began to be Sweden the government established which is centered on original articles. drawn into the debate, as indicated by an advisory Central Committee on ATLA (Alternatives to Laboratory some selected events (Table 3). The Experimental Animals to develop and Animals) is now well enough estab- first major political initiative on alter- promote alternatives and allocated lished to be covered by the Science natives came in 1971 when the Coun- the equivalent of $90,000 annually Citation Index. cil of Europe passed Resolution 621. for the support of research on alter- In the United States, interest in This proposed, among other things, natives. This represented the first alternatives grew slowly. By the the establishment of a documenta- government funding for alternatives. mid-’70s, the term had entered the

The First Forty Years of the Alternatives Approach: Refining, Reducing, and Replacing the Use of Laboratory Animals 125 Table 4 Alternatives Chronology: 1980 –1989

1980 American activist Henry Spira launches the Draize 1986 CAAT and Bausch and Lomb sponsor a workshop campaign against the rabbit-based eye irritancy test. on alternatives and acute ocular irritation testing.

As a result of the Draize campaign, Revlon gives a The UK’s Animals (Scientific Procedures) Act $750,000 grant to Rockefeller University to establish replaces the 1876 act. an alternatives research program. The U.S. Congress’s Office of Technology Assessment The New England Antivivisection Society gives issues a landmark report, “Alternatives to Animal Use $100,000 for alternatives research on tissue culture, in Research, Testing and Education.” and a second animal-welfare consortium provides $176,000 for Chorio-Allantoic Membrane (CAM) The Council of Environmental Ministers of the test development. European Community enacts EC Directive 86/609, requiring that member countries develop legislation 1981 As a result of the Draize campaign, the cosmetics promoting the Three Rs. industry gives $1 million to Johns Hopkins University to establish the Center for Alternatives to Animal An FDA survey reports a 96 percent decrease in the Testing (CAAT) (Avon and Bristol-Myers Squibb use of the classic LD50 tests in 1985 compared with were the leading donors). the period 1975–1979. Swiss animal legislation specifically requires Two new cell toxicology journals, Toxicology In Vitro consideration of alternatives. and Molecular Toxicology, are established. Zbinden and Flury-Roversi publish a critique of The Organization for Economic Cooperation and the LD50 Test. Development (OECD) announces changes in its guidelines for acute oral and dermal toxicity and 1982 Colgate Palmolive provides $300,000 to investigate starts to discuss alternatives. the CAM system. British Industrial Biological Research Association CAAT holds its first symposium. (BIBRA) increases funding of alternatives research to £700,000 per annum. 1983 Switzerland provides two million Swiss francs over The Industrial In Vitro Toxicology Society (IVTS) two years for alternatives research. is established in the United Kingdom. The Food and Drug Administration (FDA) formally Federal Republic of Germany enacts new laws announces that it no longer requires data from the on animal protection requiring consideration classical LD50 Test. of alternatives in animal research. Utrecht University in the Netherlands establishes research and education programs directed towards 1987 The HSUS publishes an analysis of the historical further implementation of the Three Rs. importance of alternative methods in biomedical research awarded Nobel Prizes. 1984 FRAME receives £160,000 from the Home Office—the The Dutch Alternatives to Animal Experiments Platform first UK government funding for alternatives research. is established with participation from government, industry, and animal welfare organizations. 1985 The Health Research Extension Act is passed, requiring the NIH to develop a plan for alternatives. In Vitro Toxicology: A Journal of Molecular and Cellular Toxicology is established. Animal Welfare Act amendments are passed, requiring greater attention to alternatives to research The Swiss Foundation “Finanzpool 3 R” is established techniques that cause pain and distress. to support alternatives research with one million Swiss francs. Index Medicus, an index of published biomedical studies, adds the subject heading “Alternatives (continued on next page) to Animal Testing.” The European Research Group into Alternatives to Toxicity Testing (ERGATT) is formed. The Soap and Detergent Association (USA) initiates the In Vitro Alternatives Program.

126 The State of the Animals: 2001 continued from previous page Table 4 Alternatives Chronology: 1980 –1989

1988 A government/industry workshop is held on 1989 The Center for the Documentation and Evaluation of alternatives in ocular irritancy testing, to review Alternative Methods to Animal Experiments, known the Soap and Detergent Association’s Alternatives by its German acronym ZEBET, is established Program. in Germany. The Industrial In Vitro Toxicology Group holds Procter and Gamble announces that it is contributing its first meeting. $450,000 per year for three years to its University Animal Alternative Research Program. The U.S. Republican presidential platform encourages the implementation of alternatives to animal testing. Avon Products announces that it will no longer use the Draize Test. The J.F. Morgan Foundation for Alternatives Research is established in Canada. The Scandinavian Society for Cell Biology establishes the Multicenter Evaluation of In Vitro Cytotoxicity The Swiss government’s Office for Animal (MEIC) to assess alternatives to LD50 testing for Experiments and Alternatives is established. acute toxicity. The Second International Conference on Practical In Vitro Toxicology is held in the United Kingdom. The Swedish Fund for Scientific Research without Animal Experiments invests 700,000 Swedish crowns in alternatives projects. The Clonetics Corporation begins to market cells and cell testing methods. The American Anti-Vivisection Society establishes the Demeter Fund (later known as the Alternatives Research and Development Foundation) in order to support nonanimal research, funding up to $50,000 annually for one or more projects. vocabulary of the animal movement with political realities. This public research. Five years later the Swiss on a large scale and had begun to find pressure then forced Congress to start government established an office for its way into the scientific literature to pay attention to alternatives. animal experiments and alternatives. (Phillips and Sechzer 1989). The In 1986 the Council of Environmen- National Academy of Sciences (NAS) tal Ministers of the European Com- organized a meeting on alternatives in The 1980s: munities passed EEC Directive 86/ 1975 (NAS 1977), but the broader sci- 609, which required member coun- entific community was not happy Government tries to develop enabling legislation about the idea of alternatives, and promoting the Three Rs. The Animals there was much criticism of the Acad- and Industry (Scientific Procedures) Act of 1986, emy for providing a platform for “anti- replacing the 1876 Cruelty to Ani- vivisectionists” by organizing the Begin to Heed mals Act, was passed in the United meeting. In the late ’70s, Seiling of Kingdom. It required greater atten- United Action for Animals managed to the Call tion to the issue of animal suffering The growing pressure from the ani- persuade a New York congressman to (refinement). Also in 1986 the Feder- mal protection community for alter- introduce the Research Moderniza- al Republic of Germany enacted new natives paid dividends in the ’80s, tion Act, which called on the National laws on animal protection requiring as industry in Europe and America Institutes of Health (NIH) to reallo- consideration of alternatives in began to embrace the alternatives cate 30 to 50 percent of all money animal research. Three years later concept and governments played an spent on animal research to “alterna- Germany established the Center for increasingly important role (Table 4). tives” (in the narrow sense of replace- the Documentation and Evaluation In 1983 Switzerland enacted a leg- ment, not the full Three Rs). The Act of Alternative Methods to Animal islative requirement for consideration caught the imagination of the animal Experiments, known by its Ger- of alternatives and the government protection movement in spite of its man acronym ZEBET, which spear- earmarked two million Swiss francs vague language and lack of contact headed several government initiatives over two years for alternatives

The First Forty Years of the Alternatives Approach: Refining, Reducing, and Replacing the Use of Laboratory Animals 127 to validate alternative tests. In the funds for CAAT and also provided three years had set up an alternatives Netherlands government officials funds for FRAME programs in the program in its in-house laboratories. began collecting data on the extent of United Kingdom. Procter and Gamble and Bristol- the suffering experienced by laborato- The effectiveness of Spira’s cam- Myers Squibb made the search for ry animals, and the Organization for paign was based on several factors. alternatives part of their corporate Economic Cooperation and Develop- First, he engaged in extensive prelim- culture; they currently provide mil- ment (OECD), driven by representa- inary planning and preparation. For lions of dollars annually for intramur- tives from Europe, began to address example, Spira acquired numerous al and extramural alternatives pro- the Three Rs in their guidelines for copies of the government Draize Test grams. Industrial in vitro toxicology toxicity testing. training film and slides (showing associations have been started in Worldwide, probably the most sig- inflamed and damaged rabbit eyes) both Europe and the United States, nificant event in the ’80s was the before the campaign started. (By late and several toxicology journals spe- launching of campaigns in many of 1980 these materials were no longer cializing in in vitro approaches were the developed countries against ani- being handed out for free by the gov- established in the late 1980s. For-prof- mal testing of cosmetics, toiletries, ernment to anyone who asked.) Sec- it companies that develop and market and household products. These cam- ond, he did not shy away from the in vitro tests, such as the Clonetics paigns built on the efforts and publi- hard-nosed street politics he had Corporation and the National Testing cations during the late ’70s by scien- learned in the labor and civil Corporation, later known as In Vitro tists and organizations such as rights campaigns; he made skill- International, were established. FRAME, which laid out the scientific ful use of demonstrations and the Despite all the interest, however, challenges to the routine use of ani- media. Third, he was always willing scientists were still cautious about mals in toxicity testing (Balls et al. to negotiate with the opposition and relying too heavily on the new in vitro 1983; Zbinden and Flury-Roversi he avoided ad hominem attacks and techniques. Toxicological risk evalua- 1981). The main actor in the U.S. ani- insults. This earned him the respect tion is a difficult art, and the trans- mal protection campaign was labor of his opponents. Fourth, he formation of alternative methods and civil rights activist Henry Spira, engaged in a constant search for from screening tools for preliminary who turned his attention to animals solutions in which everyone could decision-making to their use as after reading an article by Australian feel he or she had won something. replacements for whole animals did philosopher Peter Singer (1973). (Importantly, he did not boast to the not begin to come to fruition until Spira contacted with activists in Eng- media about victories over corpo- the 1990s. However, a widespread land (such as Jean Pink of Animal rate targets.) When Revlon finally consensus emerged during the ’80s Aid, who had been targeting cosmet- negotiated a settlement with Spira that toxicology testing needed to ics testing since 1977), Europe, and that set up the Rockefeller alter- move in a different direction. Thus, at Australia and helped to focus and natives research program, Spira not CAAT’s first symposium (in 1982), coordinate protests against the eye only stopped his campaign, but he the participants mostly wondered if irritancy testing (the Draize Test) of also praised Revlon for its innovative an alternative to the Draize Test could cosmetics worldwide. program and invited other cosmetic be found (Goldberg 1983), but within In the United States, Spira’s cam- companies to take similarly pro- five years, participants at CAAT sym- paign built a coalition of four hun- gressive steps. posia were discussing when such an dred animal protection organizations The Draize campaign initiated alternative would be available. that targeted the use of the Draize enormous changes in the field of While similar developments were Test by cosmetic companies in gener- alternatives in toxicity testing. From evident in Europe, there were large al and Revlon in particular. Within 1981 to 1991, there was a tremen- segments of scientists outside indus- twelve months, the coalition’s activi- dous shift in attitude toward alterna- try that resisted the concept of alter- ties resulted in more than $1.75 tives in toxicity testing within indus- natives in the United States. In fact, million of funding for alternatives try. Corporate toxicologists who had important research institutions such research. The Rockefeller University gone along with the initial grants for as the NIH avoided use of the term received $750,000 from Revlon to alternatives research in 1980 and “alternatives” whenever possible. For establish a laboratory for in vitro 1981 because they felt such actions example, the Health Research Exten- toxicological assay development, and were necessary for public relations sion Act of 1985 required the NIH to the Johns Hopkins University Center reasons, became excited by the tech- establish an alternatives program, to for Alternatives to Animal Testing nical and scientific challenge of alter- which the NIH gave the awkward title (CAAT) was established with $1 mil- natives by the end of the decade. “Biomedical Models and Materials lion from the Cosmetic, Toiletry, and Colgate-Palmolive began to fund Resources.” A few years later, a Public Fragrance Association. Avon Prod- research into the Chorio-Allantoic Health Service draft document on ani- ucts, Bristol-Myers Squibb, and other Membrane (CAM) test in 1982 (to mal welfare commented that “efforts companies provided the bulk of the the tune of $300,000) and within have led to the discovery of research

128 The State of the Animals: 2001 methods that are useful as ‘adjuncts’ allow for regulatory acceptance. through coordination, participation, to animal research, in that they com- In Europe both needs were or funding. The establishment of plement animal models but rarely addressed by the establishment in ECVAM and ICCVAM gave industry replace them. Thus, these adjuncts 1992 of the European Centre for the confidence to invest in new tests are not true ‘alternatives’—even the the Validation of Alternative Meth- and their validation, knowing that use of this latter term can be mislead- ods (ECVAM), headed by Michael regulatory authorities were available ing” (Public Health Service 1989). Balls of FRAME (Table 5). ECVAM to give advice on validation and A more balanced approach to the took an active role in establishing acceptance criteria and foster the issue was evident in the U.S. Office of validation criteria and in funding administrative process of regulatory Technology Assessment’s landmark and managing validation programs acceptance. The efforts of ECVAM, report, “Alternatives to Animal Use in for promising alternative methods, ICCVAM, industry, and others began Research, Testing and Education,” and it was the European Union’s to bear fruit in the late 1990s. In which was produced by a government (EU) primary authority for approv- 1998 ECVAM endorsed the 3T3 Neu- office outside the orbit of the NIH and ing alternative tests. tral Red Uptake Phototoxicity Test for Public Heath Service. In fact, in draft- ECVAM’s counterpart in the United assessing phototoxicity and the ing the Animal Welfare Act, Congress States is the Interagency Coordinating Transepithelial Electrical Resistance stipulated that the U.S. Department Committee on the Validation of Alter- Test and Episkin (and similar bioengi- of Agriculture, and not the Public native Methods (ICCVAM), established neered skin constructs) for assessing Health Service or its parent agency in 1994. ICCVAM was the successor to skin corrosivity. The same year (the Department of Health, Educa- the informal Interagency Regulatory ECVAM also endorsed in vitro meth- tion, and Welfare, as it was then Alternatives Group and was an out- ods as alternatives to the ascites known), oversee animal use in bio- growth of the NIH Revitalization Act of (mouse-based) method for producing medical research. 1993. This legislation directed the monoclonal antibodies. The following National Institute of Environmental year, ICCVAM recommended Corrosi- Health Sciences (NIEHS, one of the tex® for assessing skin corrosivity The 1990s: NIH institutes) to establish criteria for and the Local Lymph Node Assay (a the validation and regulatory accep- reduction and refinement alterna- Alternatives tance of alternative testing and to out- tive) for assessing allergic contact line a process for regulatory review of dermatitis. ICCVAM’s recommenda- Begin to Be potential alternative methods. To tions are not binding on the individ- accomplish these tasks, the NIEHS ual regulatory agencies (for example, Validated and asked the various federal regulatory the Food and Drug Administration), and research-oriented agencies to but may be accepted (or not) accord- Accepted for appoint representatives to an ad hoc ing to agency needs; so far the agen- Regulatory Use interagency committee to draft a cies have acted favorably on ICC- If the 1970s were marked by an report. The ICCVAM report, “Valida- VAM’s recommendations. increase in interest in alternatives tion and Regulatory Acceptance of In addition to ICCVAM and ECVAM, and the ’80s by an increase in activity Toxicological Test Methods,” was the OECD has emerged as a signifi- on this front, the 1990s was a period issued in 1997 (ICCVAM 1997). With cant authority in the acceptance of of maturation for the alternatives ICCVAM’s original mission accom- alternative methods. The OECD, an approach. The field already had a few plished, the participating federal agen- international organization that facili- academic centers, high-technology cies decided to change ICCVAM’s sta- tates trade, formally accepted the companies, and journals dedicated to tus from an ad hoc entity to a standing Fixed Dose Procedure (in 1991), the the cause, as well as backing from committee to facilitate the ongoing Acute Toxic Class Method (1993), national laws. What it needed was a regulatory review and acceptance of and the Up and Down Method (1997) better sense of when a new alternative alternative methods. ICCVAM is as reduction alternatives to the LD50 test was qualified to replace an ani- staffed by employees who have other Test for acute toxicity (the Fixed Dose mal test; in other words, What consti- responsibilities to their parent agen- Procedure is also a refinement alter- tuted adequate “validation” (Gold- cies, so to facilitate ICCVAM’s new native). In 1996 the OECD hosted a berg 1987)? The field also needed role, the NIEHS established a support workshop to develop internationally more government-based centers not center, the National Toxicology Pro- harmonized criteria for the validation only to partner with industry and oth- gram Interagency Center for the Eval- and regulatory acceptance of alterna- ers in validating alternative tests, but uation of Alternative Toxicological tive methods (OECD 1996). perhaps more importantly, to give Methods (NICEATM) in 1998. The “internationalization” of the their stamp of approval to adequately Several large-scale validation efforts alternatives field has also been aided validated tests, which would then were launched during the 1990s, and by the establishment of the triennial ECVAM played a role in many of these World Congress on Alternatives and

The First Forty Years of the Alternatives Approach: Refining, Reducing, and Replacing the Use of Laboratory Animals 129 Table 5 Alternatives Chronology: 1990 –1999

1990 CAAT and ERGATT hold a workshop on validation 1993 The NIH Revitalization Act of 1993 directs the NIEHS of alternative methods. to establish criteria for the validation and regulatory acceptance of alternative testing and to outline a The University of California Alternatives Center process for regulatory review of potential alternative is established at UC–Davis. methods; it also directs the NIH director to establish The Platform for Alternatives to Animal Experiments an alternatives program and to report on its in the Netherlands allocates the equivalent of progress annually. $700,000 annually for the promotion and validation The first World Congress on Alternatives and Animal of research into the Three Rs and the improvement Use in the Life Sciences: Education, Research, and of housing and care systems. Testing, takes place in Baltimore. The HSUS establishes the Russell and Burch Award Member states of the European Union agree on the for scientists who have made outstanding goal that everything possible should be done to contributions to alternative methods. achieve a reduction of 50 percent in the use of The Japanese Society for Alternatives to Animal vertebrate animals for experimentation and other Experimentation begins publishing the journal scientific purposes by the year 2000. AATEX (Alternatives to Animal Testing and The Interagency Regulatory Alternatives Group holds Experimentation). its second meeting on alternatives, in Washington, D.C. 1991 The Interagency Regulatory Alternatives Group holds a Dr. Michael Balls of FRAME is appointed director workshop, “Eye Irritation Testing Alternatives: Proposals of ECVAM. for Regulatory Consensus,” in Washington, D.C. 1994 The U.S. federal government establishes the The HSUS presents Alan Goldberg, director of CAAT, Interagency Coordinating Committee on the with the first Russell and Burch Award. Validation of Alternative Methods (ICCVAM), The OECD accepts the Fixed Dose Procedure as an co-chaired by William Stokes of NIEHS and alternative to the LD50 Test. Richard Hill of EPA, in response to the 1993 NIH Revitalization Act. Representatives of regulatory agencies in Japan, Europe, and the United States agree to drop the The Netherlands Centre for Alternatives to Animal classic LD50 Test as a required measure of Use (NCA) is established as a national information acute toxicity. center on alternatives. The UK Home Office announces a grant program for 1995 The Gillette Company and The HSUS launch a the funding of alternatives research. program to fund research and development of The Second Report of the FRAME Toxicity Committee alternative methods; two grants of $50,000 each is published in ATLA. are awarded annually. The Swiss Institute for Alternatives to Animal Testing 1996 The second World Congress on Alternatives and (SIAT) is established in Zurich. Animal Use in the Life Sciences is held in Utrecht, the Netherlands. 1992 The European Centre for the Validation of Alternative Methods (ECVAM) is established. The OECD holds a workshop to develop internationally harmonized criteria on validation The European Parliament amends the Cosmetic and regulatory acceptance. Directive 76/768 to ban the marketing of cosmetics tested on animals after January 1, 1998 (a decision CAAT, The HSUS, Procter and Gamble, and other on the ban is later postponed until June 30, 2000). organizations establish Altweb, a website devoted to information on alternative methods. CAAT hosts a tenth anniversary conference in Baltimore, Md., giving Founders’ Awards to Dr. D.A. 1997 ICCVAM issues guidelines on criteria for validation Henderson, the CTFA, and Henry Spira. and regulatory acceptance of alternative methods. The Institute for In Vitro Sciences is established in Gaithersburg, Md.

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130 The State of the Animals: 2001 continued from previous page Table 5 Alternatives Chronology: 1990 –1999

1998 The HSUS presents the FDA’s Neil Wilcox and 1999 The third World Congress on Alternatives and Animal ICCVAM’s William Stokes with the Russell and Burch Use in the Life Sciences is held in Bologna, Italy. award for their contribution to the development of alternatives. The HSUS presents Procter and Gamble scientist Dr. Katherine Stitzel with the Russell and Burch ECVAM accepts the following alternative methods: award for her contribution to the development 3T3 NRU PT test as an alternative for assessing of alternatives. phototoxicity, Episkin and similar methods for assessing skin corrosivity, and TER (transepithelial electrical CAAT holds TestSmart (a humane and efficient resistance) test for assessing skin corrosivity. approach to regulatory toxicity data) workshops in order to discuss alternatives to animal testing in the ECVAM endorses in vitro methods as alternatives Environmental Protection Agency’s High Production to the ascites method for the production of Volume (HPV) chemical testing program. monoclonal antibodies. The EPA announces major changes in its HPV The National Toxicology Program Interagency program, including funding for alternative methods, Center for the Evaluation of Alternative Toxicological following the TestSmart workshops and negotiations Methods (NICEATM) is established to provide with animal protection organizations. support to ICCVAM. ICCVAM endorses Corrositex® for the assessment of skin corrosivity and the Murine Local Lymph Node Assay for the assessment of allergic contact dermatitis.

Animal Use in the Life Sciences, the of alternatives by the European cos- affected countries outside of the first of which was held in Baltimore in metics trade association (COLIPA) European Union, will not occur due 1993 (Goldberg and van Zutphen and others. The marketing ban would to potential problems with World 1995); the second in Utrecht, the have affected companies in the Unit- Trade Organization rules; this effec- Netherlands, in 1996 (van Zutphen ed States as well as in Europe, so the tively “kills” the proposed sixth and Balls 1997); and the third in amendment also kept some political amendment. Bologna, Italy, in 1999. The interna- pressure focused on the issue in the Alternatives legislation in the Unit- tional exchange of information on United States. ed States in the 1990s was largely a alternatives was also given a boost Since the most recent postpone- cooperative venture between in- in 1996 with the establishment of ment of the marketing ban, a new dustry and animal protection. The Altweb, an Internet web site spear- amendment (the seventh) has been alternatives language in the NIH Revi- headed by CAAT, Procter and Gamble, proposed. It calls for: (1) a ban on talization Act of 1993, which led to The HSUS, and others. animal testing of finished products in the creation of ICCVAM, was the Political pressure played a signifi- the European Union as soon as the product of efforts of several industry cant role in moving the alternatives directive comes into force, (2) a ban and animal protection representa- issue during the 1990s, more directly on animal testing of cosmetic ingre- tives working with Rep. Henry Wax- in Europe than in the United States. dients where alternatives are avail- man. A similar coalition led to the The issue had some momentum of its able, and (3) a complete ban on ani- introduction of the ICCVAM Autho- own, but outside pressure spurred mal testing of cosmetic ingredients rization Act in the Senate (1999) and progress. In Europe, for example, the within three years of implementation House (2000) in an effort to strength- European Parliament amended the of the directive, regardless of the en ICCVAM and make it a permanent Cosmetic Directive 76/768 to ban availability of alternatives. The entity. As of October 2000, this legis- the marketing of cosmetics tested European Commission has stated that lation was pending. on animals after January 1, 1998, only one two-year postponement of regardless of whether such testing the ingredients-testing ban would be was conducted in Europe. Although a considered. Consequently, an absolute Discussion decision on the marketing ban was ban on ingredients testing could Many animal protectionists are frus- later postponed until June 30, 2000, become effective within five years of trated with the pace at which the use the Cosmetic Directive amendment implementation of the directive. of animals in research and testing is led to the formation of ECVAM and Finally, the directive states that a being replaced, reduced, and refined. encouraged research and development marketing ban, which would have However, the growth of the alterna-

The First Forty Years of the Alternatives Approach: Refining, Reducing, and Replacing the Use of Laboratory Animals 131 tives, some companies began develop- reduced the demand for animals in Abbreviations ing and marketing alternative test the production and testing of polio kits, academic centers devoted to the vaccine and insulin (Hendriksen ATLA Alternatives to issue began to be established, and the 1988; Trethewey 1989). Hendriksen Laboratory Animals field of in vitro toxicology blossomed. describes how the number of mon- CAAT Center for Alternatives During the 1990s government cen- keys used in the production and test- to Animal Testing ters devoted to the validation and reg- ing of polio vaccine in the Nether- ulatory acceptance of alternative lands was reduced from 4,570 in 1965 CAM Chorio-Allantoic methods were established in Europe to 30 in 1984 by a series of technical Membrane and the United States, the triennial improvements, even though the actu- ERGATT European Research World Congresses on Alternatives al amount of polio vaccine produced Group into Alternatives began, and alternative tests began to was about the same in the two years. in Toxicity Testing be formally approved and accepted by The technical improvements were the FRAME Fund for the regulatory agencies. result of advances in molecular tech- Replacement of Animals Have these developments translat- niques and cell culture biology. in Medical Experiments ed into a decrease in the use of labo- Trethewey describes a similar pro- HPLC High Pressure Liquid ratory animals and in their levels of cess in insulin testing that reduced Chromatography pain and distress? Most countries the demand for mice by 95 percent that keep records on the use of between 1970 and 1986. The major IACUC Institutional Animal Care and Use research animals report a fall in labo- technical advance was the introduc- Committee ratory animal numbers during the tion of a mouse blood glucose test in 1980s and 1990s, in some cases a dra- place of the mouse convulsion test. NAS National Academy matic fall (Rowan et al. 1995). The This relatively nonstressful assay per- of Sciences (USA) statistics from the United Kingdom mitted the re-use of the same mouse NAVS National Anti-Vivisection show a decline in annual animal use for more than one assay leading to a Society (UK) from around 5.5 million in 1976 to further reduction in the number of NIH National Institutes 2.7 million in 1998. Sir Peter animals required. High Pressure Liq- of Health (USA) Medawar, who predicted in 1969 that uid Chromatography (HPLC) tech- such a decline would begin in 1979 or niques have been developed and OECD Organization for even earlier (Medawar 1972), was introduced, and it is now possible to Economic Cooperation and Development obviously more far-sighted than the standardize insulin preparations using Littlewood Committee, which report- only a handful of mice to ensure that UFAW Universities Federation ed in 1965 that animal use would not each batch is biologically active. A for Animal Welfare be influenced by the development of life-time supply of insulin for one dia- ZEBET Zentralstelle zur new (alternative) technology. betic now requires testing on the Erfassung und However, a key question is this: equivalent of only a single mouse and Bewertung von How much of the decline in research it is possible that mice will be elimi- Ergänzungs und Ersatzmethoden zum animal use in the United Kingdom nated altogether as further technical Tierversuch and in other countries has resulted advances are made. from pressure to develop and use Innovations in toxicity testing and alternative methods? The available the standardization of therapeutics tives field since the publication of data is not adequate to provide an such as insulin have reduced the Russell and Burch’s seminal book in unequivocal answer. While other fac- demand for animals in some proce- 1959 has been remarkable, especially tors such as the cost of research ani- dures. However, the most significant considering that the animal protec- mals and the increased sensitivity and reductions have come in the search tion community itself did not specificity of new techniques have no for new drugs. As pharmaceutical embrace the alternatives issue in a doubt been important, it is also likely companies have switched from animal significant way until the late 1970s. that pressure from animal groups to in vitro screens for agents with During the 1980s cosmetics and con- (and progressive scientists) calling potential therapeutic activity, they sumer products companies began for the development and use of “alter- have recorded dramatic decreases in investing millions of dollars into native” techniques has played a role animal use. Hoffman–La Roche, for research and development of alterna- in reducing animal use. Animal pro- example, reduced its annual animal tives, national governments incorpo- tectionists certainly increased aware- use from one million to about rated the alternatives approach into ness of the Three Rs and humane 300,000 without changing the num- their animal protection legislation issues within the scientific community. ber of new drug entities under inves- and, in some cases, began funding Technical developments over the tigation (Anonymous 1990). A switch research and development of alterna- past thirty years have, for example, by the National Cancer Institute from

132 The State of the Animals: 2001 a mouse screen for potential anti- cancer agents to human cancer cell culture screens has resulted in a saving of several million mice per year (Rowan and Andrutis 1990). Russell (1995) attributes the development of replacement technology, and the consequent decreases in laboratory animal use, to the waning influence of what he and Burch (1959) called the “high fidelity” fallacy—that models had to look like the organism being modeled, no matter what the power of the model to “discriminate” or elucidate the process under study. Thus mammals such as mice, dogs, and primates have historically been preferred as models of humans because they have high fidelity to humans, not necessarily because they have high discrimination. The high fidelity fallacy has lost its currency as the power of low fidelity– reduction in animal numbers by reduce (and refine) animal use (Gor- high discrimination techniques, such increasing the reliability of the data don 1991). It can also be argued that as tissue culture and use of inverte- and improving experimental design. the increasing numbers of genetically brate species (for example, C. ele- One of the major challenges in engineered mice are at least some- gans) has been demonstrated. making further progress in alterna- what offset by a corresponding The impact of refinements on ani- tive methods is the indifference, if decrease in the use of other mice or mal pain and distress is even harder not the antagonism, to the alterna- species, thereby nullifying any to gauge than the impact of replace- tives approach on the part of many increase in overall numbers. This ments and reductions on animal num- academic researchers worldwide. seems to be what is happening in the bers. While animal numbers declined While the NIH no longer automati- United Kingdom, where the use of during the 1980s and 1990s, increas- cally characterizes alternatives as genetically modified mice has gone ing attention was being paid to the mere “adjuncts” of animal research, up tenfold, to around 500,000, but neglected “R”—refinement—thanks and the NIEHS actively promotes total mouse use has fallen slightly. At in part to new legislation in Europe alternative methods, some biomed- the very least, the impact of genetic and the United States. In the United ical research advocates have argued engineering on animal use should be Kingdom, the passage of the 1986 that use of the term “alternatives” carefully monitored, given its poten- Scientific Procedures (Animals) Act implies that one needs to apologize tial to reverse the decreases in animal focused more attention on animal dis- for using animals in research and use seen during the 1980s and 1990s. tress and led to a virtual doubling that this gives the public the wrong (from 21 percent to 36 percent of all impression (Goodwin 1992). While procedures) in the rate of anesthetic such hostility to the alternatives Conclusion use in animal research in six years approach is abating, the field of alter- The program that UFAW set in motion (Anonymous 1990). In the United natives would progress much faster if in 1954 has born significant fruit. States, protocol review by Institution- academic researchers were more Although Major Hume would no al Animal Care and Use Committees sympathetic to the approach. doubt be surprised at the scope and is increasingly focusing on reducing Another challenge in implementing potential of biomedical science today, animal pain and distress. alternatives and in decreasing animal he would be pleased at the growing Two technical advances that will use is the growth of genetic engineer- recognition accorded to Russell and significantly decrease pain and dis- ing, particularly in mice. The NIH’s Burch (1959). The number of cita- tress in laboratory animals are non- in-house use of mice reached a low of tions to Russell and Burch’s book in invasive imaging and telemetric about 300,000 in 1991 but has more the scientific literature increased approaches to animal data (Stokstad than doubled since then, according to dramatically during the 1980s and, 1999). These approaches not only NIH Annual Reports and NIH Reports especially, the 1990s (Figure 1). reduce or eliminate pain and distress, to the USDA. Genetic engineering In 1959 Hume spoke to an Ani- they also allow for a 75 to 80 percent can sometimes be harnessed to The First Forty Years of the Alternatives Approach: Refining, Reducing, and Replacing the Use of Laboratory Animals 133 mal Care Panel meeting in Washing- Goldberg, A.M., ed. 1983. Product National Academy of Sciences (NAS). ton, D.C.: safety evaluation: Alternative meth- 1977. The future of animals, cells, A more recent event has been the ods in toxicology, Vol. 1. New York: models and systems in research, publication of a remarkable book Mary Ann Liebert. development, education and testing. by Russell and Burch entitled The ——————. 1987. In vitro approach- Washington, D.C.: NAS. Principles of Humane Experimen- es to validation: Alternative meth- Office of Technology Assessment. tal Technique. This deserves to ods in toxicology, Vol. 5. New York: 1986. Alternatives to animal use in become a classic for all time, and Mary Ann Liebert. research, testing, and education. we have great hopes that it will Goldberg, A.M., and L.F.M. van Zut- Washington, D.C.: U.S. Government inaugurate a new field of system- phen, eds. 1995. The World Con- Printing Office. atic study. We hope that others gress on alternatives and animal Organization for Economic Coopera- will follow up the lead it has given, use in the life sciences: Education, tion and Development (OECD). and that a generalized study of research, testing. New York: Mary 1996. Final report of the OECD humane technique, as a systemat- Ann Liebert. workshop on harmonization of vali- ic component of the methodology Goodwin, F.K. 1992. Animal research, dation and acceptance criteria for of research, will come to be con- animal rights and public health. alternative toxicological test meth- sidered essential to the training Conquest, the Journal of the ods. Paris: OECD. of a biologist (Hume 1962). Research Defence Society 181: 1–10. Phillips, M.T., and J.A. Sechzer. 1989. This has indeed come to pass in the Gordon, J. 1991. Viewpoint: Trans- Animal research and ethical Netherlands and other parts of genic animals as “alternatives” to conflict: An analysis of the scientific literature, 1966–1986. Berlin: Europe (van Zutphen, Baumans, and animal use. CAAT [Center for Springer Verlag. Beynen 1993), and we are hopeful Alternatives to Animal Testing] Public Health Service. 1989. that the Three Rs will become fully Newsletter 9 (#2): 8. See http:// Final report of the Public Health incorporated into the training of biol- caat.jhsph.edu. Service Animal Welfare Working ogists in the United States. Hendriksen, C.F.M. 1988. Laboratory Group, Phase I. Washington, animals in vaccine production and D.C.: Department of Health and control. Dordrecht, the Nether- Human Services. Literature Cited lands: Kluwer Academic Publishers. Rowan, A.N. 1979. Alternatives to lab- Anonymous. 1957. Laboratory ani- Hume, C.W. 1962. The vivisection oratory animals: Definition and dis- mals bureau collected papers, Vol. controversy in Britain. In Man and cussion. Washington, D.C.: The Hu- 6. Hampstead, London: Laboratory beast, ed. C.W. Hume. Potters Bar, mane Society of the United States. Animals Bureau. U.K.: Universities Federation for ——————. 1989. The develop- Anonymous. 1959. Review of the Animal Welfare. ment of the animal protection principles of humane experimen- Interagency Coordinating Committee movement. Journal of NIH Re- tal technique. Veterinary Record on the Validation of Alternative search 1(Nov/ Dec): 97–100. 71: 650. Methods. 1997. Validation and reg- ——————. 1994. Looking back Anonymous. 1960. Review of the prin- ulatory acceptance of toxicological thirty-three years to Russell and ciples of humane experimental test methods. Research Triangle Burch: The development of the con- technique. The Lancet i: 34. Park, N.C.: National Institute of cept of the Three Rs (alterna- Anonymous. 1962. Animals in Environmental Health Science. tives). In Alternatives to animal research. Washington, D.C.: The Hu- LaPage, G. 1960. Achievement: Some testing: New ways in the biomed- mane Society of the United States. contributions of animal experi- ical sciences, trends and progress, Anonymous. 1971. Antivivisection ments to the conquest of disease. ed. C.A. Reinhardt. New York: VCH. rides again. Journal of the Ameri- Cambridge, U.K.: W. Heffer & Sons. ——————. 1995. Replacement can Medical Association 217: 70. Littlewood Committee. 1965. Report alternatives and the concept of Anonymous. 1990. Statistics on the of the departmental committee on alternatives. In The World Con- Three R’s. The Alternatives Report experiments in animals. London: gress on alternatives and animal 2(2): 1–5. Her Majesty’s Stationery Office. use in the life sciences: Education, Balls, M., R.J. Riddell, and A.N. Wor- Manuel, D. 1987. Marshall Hall research, testing, eds. A.M. Gold- den, eds. 1983. Animals and alter- (1770–1857): Vivisection and the berg and L.F.M. van Zutphen. New natives in toxicity testing. London: development of experimental phys- York: Mary Ann Liebert. Academic Press. iology. In Vivisection in historical Rowan, A.N., and K.A. Andrutis. 1990. French, R.D. 1975. Antivivisection perspective, ed. N.A. Rupke. Lon- NCI’s developmental therapeutics and medical science in Victorian don: Croom Helm. program. The Alternatives Report society. Princeton, N.J.: Princeton Medawar, P.B. 1972. The hope of 2(3): 1, 3. University Press. progress. London: Methuen.

134 The State of the Animals: 2001 Rowan, A.N., F.M. Loew, and J.C. Weer. Worden, A.N., ed. 1947. The UFAW 1995. The animal research contro- handbook on the care and manage- versy: Protest, process, and public ment of laboratory animals. Lon- policy—An analysis of strategic don: Bailliere, Tindall, and Cox. issues. Grafton, Mass.: Tufts Univer- Zbinden, G., and M. Flury-Roversi. sity School of Veterinary Medicine. 1981. Significance of the LD50 test Russell, W.M.S. 1957. The increase for the toxicological evaluation of of humanity in experimentation: chemical substances. Archives of Replacement, reduction and refine- Toxicology 47: 77–99. ment. Laboratory Animals Bureau, Collected Papers 6: 23–26. ——————. 1995. The development of the Three Rs concept. ATLA 23: 298–304. Russell, W.M.S., and R.L. Burch. 1959. The principles of humane experimental technique. London: Methuen. Singer, P. 1973. Review of Animals, men and morals, eds. S. Godlovitch, R. Godlovitch, and J. Harris. The New York Review of Books, April 5, 1973. Stokstad, E. 1999. Humane science finds sharper and kinder tools. Sci- ence 286 (Nov. 5): 1068–71. Trethewey, J. 1989. The development of insulin assays without the use of animals. In In vitro toxicology—new directions: Alternative methods in toxicology, Vol. 7. New York: Mary Ann Liebert. Turner, J. 1980. Reckoning with the beast: Animals, pain and humanity in the Victorian mind. Baltimore, Md.: Johns Hopkins University Press. U.S. Congress. 1962. Hearings before a subcommittee of the Committee on Interstate and Foreign Com- merce; House of Representatives, 87th Congress on H.R. 1937 and H.R. 3556, September 28 and 29. Washington, D.C.: U.S. Govern- ment Printing Office. van Zutphen, L.F.M., and M. Balls, eds. 1997. Animal alternatives, welfare and ethics: Proceedings of the Sec- ond World Congress on Alternatives and Animal Use in the Life Sciences, Utrecht, the Netherlands, 20–24 October 1996. New York: Elsevier. van Zutphen, L.F.M., V. Baumans, and A.C. Beynen, eds. 1993. Principles of laboratory animal science. Ams- terdam: Elsevier. Weatherall, M. 1959. Review of the principles of humane experimental technique. Nature 184: 1675–76.

The First Forty Years of the Alternatives Approach: Refining, Reducing, and Replacing the Use of Laboratory Animals 135

Is There a Place in the World 9CHAPTER for Zoos?

David Hancocks

e human animals make Preventive medicine and overall logical needs of the inhabitants. Their rapid technological and cul- health care are now usually at very only function, like the old menagerie Wtural advancements because competent and professional levels of cages, is secure containment. Every- we have the ability to pass definitive expertise. The zoo animals of today thing in them is fixed and hard, im- information to succeeding genera- receive fresh and wholesome food in movable, never changing, and largely tions. But we also accept too much contrast to their predecessors, and unusable by the animals. from the past without challenge. The their diets are carefully researched The public display areas may be lux- good, the bad, and the indifferent are and evaluated. Zoo education pro- uriantly green in the best of the new muddled together, accumulating in grams reach millions of students each zoos, but behind the scenes the nine- layers that smother each succeeding year. Keeper staffs are highly trained, teenth century still exists. Even age. Cultural mores ranging from the knowledgeable, and dedicated. worse, all too often the supposedly silly to the profane, from charming to When examined from the point of naturalistic display areas of the mod- dangerous, clutter our world. They view of the visitor or the staff, in fact, ern zoo are, as far as the animals are exist only because, as the British are conditions in today’s accredited zoos concerned, of even less functional val- wont to say, “We have always done are far better than those of yester- ue than were iron-barred menagerie things this way.” One very troubling year. But an examination from the cages. At least they had bars to climb example is the public zoological parks animals’ point of view reveals that on and swing from! Today electric found in almost every city: they are many of the problems of nineteenth- wires and hidden moats all too often fundamentally unchanged from the century menageries remain, inexcus- keep the animals away from the lush first public zoo that opened in The ably, in common practice. vegetation of the new habitat exhib- Regent’s Park in London in 1828. If you examine the daily routine of its. Appearances to the contrary, the Although significant modifications a chimpanzee, lion, tiger, bear, or any animals on display may have nothing have taken place since then, partic- other typical zoo animal, you will not but a small area to sit in all day and ularly recently, for the most part, zoos find it unusual for animals in even the nothing natural with which to inter- continue to do things the way they best zoos to spend the far greater act. Trees and shrubs that appear to have done them for almost two cen- part of each twenty-four-hour day be an integral part of the animals’ turies. An objective reevaluation is locked in holding cages, “off display.” habitat are likely to be untouchable. long overdue. Far too commonly, these cages are To add insult to injury, it is not One improvement that has taken almost exact replicas of the old me- unusual for the “natural habitat” to place is that an accredited, profes- nagerie cages that were viewed by zoo be composed of nothing but concrete sionally operated modern zoo is no visitors, the only difference is that the and plastic. Some zoos and their longer likely to present animals to the cages are out of public sight. Night designers boast of their skill in creat- public in rows of tiny, barred cages. cages for zoo animals are invariably ing scenes that closely mimic the ap- Such zoos now display animals in sim- noisy, harsh, barred cubicles, lit by pearance of natural habitats by using ulated natural habitats. Modern vet- cold fluorescent tubes, with no atten- entirely artificial components and erinary medicine, too, has brought tion given to acoustic comfort, soft materials. This public face of the new enormous benefits to zoo animals. lighting, or any behavioral or psycho- zoo may convince the visitors and

137 their video-camera view of the au- backwater. They had allocated less these days likely to be well educated, thenticity of the scene, but a “tree” than 300 square feet for this tableau well trained, and dedicated to the made of epoxy resin or a “mud wal- and were insistent that not only was well being of the animals in their low” made of concrete is of no more more space not available, but it was care. Many of the younger zoo direc- use to a wild animal than is a plastic also unnecessary. tors, too, bring compassion and pow- beach ball. This type of problem is found in erful intellects to their profession. These shortcomings are especially zoos worldwide. It stems from a lack What is generally lacking within the evident in many of the “rainforest” of awareness that zoo animals are liv- profession, however, is an eagerness exhibits that have mushroomed in ing creatures and an apparent inabili- to look for fundamental changes to American zoos in recent years. Unlike ty to place the animal’s needs—psy- the whole zoo concept. Few recognize real rainforests, which are hushed, chological and behavioral, as well as that a complete reexamination of dark, daunting, and contemplative physiological—at the top of the list of zoos is necessary: there are too few environments, zoo rainforest exhibits design criteria. This myopia is typical- zoo heretics. are invariably bright, colorful, and full ly exacerbated in zoo rainforest ex- The most urgent and fundamental of noise—more like a suburban gar- hibits: their extremely high construc- change needed for the new millenni- den center than the somber splendor tion costs result in minimal space to um is for zoos to recognize that they of the Amazon. They are usually filled the animals. Thus, zoo rainforest ex- do not need to focus exclusively on to overcrowding with the most color- hibits can virtually guarantee that animals, particularly on those species ful and noisy species, since quantity both the quantity and the quality of traditionally kept in zoos. If we com- has always counted when it comes to space allocated to the animals are pare the zoo collections of today with zoo species, and zoos have never been inadequate. Kept in tiny spaces with those of one hundred years ago, we able to resist the flashy and the cute. no access to any natural vegetation, find the same distorted emphasis on The mistaken impression left in zoo animals have to learn to live with plas- big, colorful, and charismatic species. visitors’ minds is that rainforests are tic. In the worst examples, such as The richness and the complexity of crammed with chattering monkeys Omaha Zoo’s Lied Jungle building, nature is completely overshadowed by and boldly colored birds. Botanical many animals spend their entire lives this obsession to an astonishing de- gardens fall prey to the same trap, in cramped, completely artificial envi- gree. About 1,640 of the 30 million preferring to present the grotesque ronments and never have contact species of animals on the planet are and unusual rather than a true pic- with anything natural. The general mammals. The average American zoo ture of nature. design approach is closer to that used contains 53 of these known mam- The sense of awe inspired by the all- in store window displays, with the ani- malian species, a ratio of 1:31. For embracing quietude of the tropical mals perched like jewels in the spot- birds, the ratio is 1:98; for reptiles, forest is replaced by a gaudy, oversim- light, dimensions calculated to the 1:104. Amphibians are represented in plified spectacle. Overhead there is inch, than to habitats for living ani- the average American zoo at a ratio of no closed green canopy, only the steel mals. No space is wasted, unless you only 1:2,000. For invertebrates it and concrete slabs of a glass roof. It is take the philosophical position that drops to one in several millions (Boyd a kindergarten view of the natural the entire space is wasted, since these 1997). Zoos present an upside down world: to your right is the café, on multi-million-dollar extravaganzas typ- view of the animal world. More than your left is the public restroom, and ically claim little authenticity and 95 percent of all species are small ahead of you is the gift shop. provide minimal educational value. enough to fit in the cup of your hand The attitude that a zoo animal is and are completely unknown in zoos. merely an object for display is disqui- This is particularly galling, since in- Animals etingly prevalent in many zoos, but vertebrates, especially, typically have fortunately there are some excep- more biological mass than any other as Jewels tions. When Zoo Atlanta built a large species in a natural habitat, and thus Zoos have always had one overriding exhibition habitat for gorillas in the greater biological importance and in- concern—that their animals must al- late 1980s, it included several big fluence. As Harvard biologist E. O. ways be on view and easily seen. The trees in the animal areas. The design- Wilson has suggested, we need to bet- general curator at the Bronx Zoo ers were aghast when the gorillas be- ter demonstrate that in many critical describes a recent instance in which gan to inflict heavy damage on these ways it is often the little critters that he was consulted on the design of a trees and asked the zoo director, run this world. Zoos are missing a new jaguar exhibit at an unspecified Terry Maple, to install electric wires golden opportunity to do so. but “well known zoological park” to protect them. His response was, The persistent dedication of zoos to (Seidensticker and Doherty 1996). “Plant cheaper trees!” (Croke 1997). a very small segment of the animal The designers wanted to create the There are other refreshing signs, par- world raises the question of why zoos effect of a jaguar lying on a log in the ticularly of a new trend in zoo employ- should limit themselves to the field of sun at the edge of a tropical river ees. Zoo keepers, in particular, are zoology. That restriction is after all

138 The State of the Animals: 2001 completely anti-natural. The Victori- ows. This is why we need partnerships zoos to try to change the public’s an zoo visitors were most suitably among zoos, botanical gardens, ar- thinking on both fronts. impressed to see the new scientific boretums, natural history and geolo- If people are to accept responsibility tool of taxonomy made clear to them gy museums, aquariums, science cen- for the enormous damage that hu- through the invention of the public ters, even libraries and art galleries. mankind has inflicted on wildlife, they zoo that put all the primates togeth- With shared programs or connected must learn to act and think like good er in one building, all the parrots in thematic exhibits, our cultural, scien- custodians of the earth. Objective, another, all the hoofed beasts over tific, and natural history institutions carefully considered, and extraordinar- there, the bears over there. That they could collectively engage a public de- ily difficult decisions will have to be could go to the zoo to see wild ani- bate about new ways to look at nature made about the conservation of wild mals, and try to make comparisons and about sound ecological practices, animals and their wild habitats. How between the different orders, was suf- and they could devise many different much? Where? When? At what cost? ficiently edifying for the day. But ways to promote conservation. People For the specific benefit of which nature does not function in tidy pack- are hungry for this information. species or ecosystems? Such judg- ages of separated scientific disci- Most of all, we need to rekindle a ments will tax new generations for plines, and although it is of value to love for all wildlife, and a respect that decades, even centuries, to come. Zoos study the natural world in distinct goes beyond the aesthetics of the tele- can, if they will accept the challenge, related components, there is no vision documentary or the IMAX spec- be an effective medium for helping virtue in presenting it to the general tacular. To this end we also need zoos people to consider such questions. public in such a manner. We need nat- to desist from perpetuating the image The western mind learned to make ural history institutions that can re- that only the cute and the cuddly ani- sense of the apparent chaos of nature veal the connectedness, not the sepa- mals are worthy of our concern. Furry by dissecting it and sorting its com- rateness, of the natural world. Zoos mammals elicit far more support for ponent parts into degrees of related- must metamorphose (Hancocks our affections than “slimy” snakes or ness. In doing so we lost the holistic 1996). Instead of restricting them- “warty” toads, and we seem to be view, in which, in the words of John selves to displaying wild animals, they instinctively fascinated with what we Muir, “everything is hitched to every- must become places that celebrate perceive as the bizarre and the pecu- thing else.” nature in its entirety. For this, zoos liar, such as albino tigers or oversized must first appreciate that it is impos- specimens. Zoos have the ability and sible to tell the critically important the opportunity to dispel myths and to Hediger’s stories of nature with exhibits that help people realise that “ugliness” in represent only a very small fragment the animal world is nothing more than Philosophies of the cast of characters. Complex a product of our cultural bias. Our urgent need for institutions that interdependencies between plants We have an innate affinity for and a reveal the complexities and the con- and animals that have evolved over deeply embedded fascination with nections within nature in no way millions of years, for example, are animals. E. O. Wilson has coined the diminishes zoos’ responsibilities to becoming increasingly vulnerable, term “biophilia” to describe this phe- the animals in their care. The stan- because of pesticide use, habitat loss, nomenon (Kellert and Wilson 1993). dards of a zoo’s animal care should be and decreasing diversity. Zoology This attachment reveals itself in both above reproach. It’s as simple as that. exhibits alone cannot reveal the rea- beneficial and harmful ways. Animals Ironically, if the typical zoo would sons for and the ramifications of this that reflect human infantile features, shift away from big mammals and story, nor can solely botanical dis- such as large heads and big eyes, are focus instead on smaller species, it plays. We need “zoos” that focus on especially popular for zoo displays. could find that its abilities to meet its biology, on ecology, and on nature. (The giant panda is the classic exam- inmates’ requirements would be Our general level of understanding ple.) Appeals to the public to help greatly enhanced. It is easier to satis- of nature is declining precipitously as save the tiger, or the koala, or some fy the needs of a group of meerkats people become ever more separated other charismatic creature fall easily than a herd of elephants or of a beetle from the natural world and more reli- upon sympathetic ears. Zoos can than an orangutan. ant upon a technological and domes- quite easily find people to champion Large, social, strong, intelligent ticated environment. Children speed their pretty, or cute, or spectacular animals with a high level of awareness along the information superhighway animals. Conversely, they can always place very great demands upon their instead of walking along country draw a crowd with spiders and snakes caregivers. This is not to suggest that lanes. They browse the World Wide because the public finds these species the husbandry for small animals or Web rather than observe a spider repulsive. The fascination does not for creatures such as reptiles and spin. They are exposed more to rap seem to extend to concerns about amphibians is in any way facile, nor than to bird song and spend more their welfare or survival, however. It does it imply that such animals do time in shopping malls than in mead- would be a most useful challenge for not have their own very specific and

Is There a Place in the World for Zoos? 139 sometimes elaborate psychological tween the standard zoo enclosures of one day to another. and social requirements. But there is the time and the cabinet displays of a Big cats, Hediger implored, should a more acute sense of failure in not natural history museum: “The death be given whole carcasses to tear up meeting the needs of a more highly chambers of the menagerie were, in a and thus exercise their muscles and perceptive animal. One is not making way, the ante-rooms of the museums… clean their teeth. When Seattle’s value judgments when one acknowl- the animal in its narrow cage was pro- Woodland Park Zoo began offering edges that a dog or an elephant or a vided with food, the stuffed one with uncut sheep carcasses to lions in the baboon demands more work than preservative.” early 1970s, there were vitriolic let- does a beetle or a starfish. Zoo managers were offered much ters of complaint from visitors re- These complex needs have too practical advice in Hediger’s writings, pelled by such a sight. “In the good rarely been considered in zoos. There all based upon the principle of using old days,” complained one letter to are far too many instances of misery nature as the norm. He described ev- the local newspaper, “the lions were and deprivation in these public insti- erything from types of flooring sub- fed nice chunks of meat.” It seems tutions. Seldom are these the product strates and the quality of the ambient that visitors have always been ready to of any deliberate callousness or sad- environment to the different foods— participate in the old zoo game of de- ism. Much more likely is a situation and methods of food presentation— lusion, preferring not to see the zoo like that of the gorillas at Zoo Atlan- for captive animals. Much of what animals as real, “wild” animals with ta, who were going to be deprived of Hediger advocated was labor inten- real needs. It shouldn’t be all that sur- contact with live trees because they sive and sometimes a bit difficult. It prising. If zoo environments place wild were inflicting damage upon them. did not appeal to managers looking animals in completely artificial en- When Maple called for “cheaper only at the bottom line. His attention vironments then it is inevitable that trees” he may simply have been to the needs of the animals was easily visitors will see zoo animals as some- espousing a natural affinity for the shoved aside by promoters who want- how different. They may look like wild needs of these apes, but it is probably ed only baby animals for the Spring bears and tigers but, see, they pose for not coincidental that he is also a dis- Break and bean counters who wanted our cameras! The monkeys bring their ciple of Heini Hediger. a minimal labor force. Ever since the babies to the front of the cage to show In 1950 Hediger, director of the first huckster put a lion in a cage and them off to us! They listen to what we Basel Zoo in Switzerland, published charged a penny to see it and the first say!! The distortions in the zoo mirror Wild Animals in Captivity. If more zoo public menageries opened their can be disturbingly profound. professionals had embraced Hediger’s doors, the click of the turnstile and teachings and philosophies, much of the chink of a coin in the cash box the suffering and inadequacies of care have drowned out the cries of those Of Cages endured by thousands of zoo animals that need wallows to roll in, trees to over the past fifty years could have climb, and thick grass to sleep in. and Habitats been avoided. Hediger believed that Hediger argued that zoo enclosures Zoos have traditionally served as zoo environments should be managed should be planted with shrubs and places for human recreation. Whereas in such a way that critical aspects of bushes left untrimmed and land- some people have traditionally at- the animals’ lives mirror as closely as scaped with boulders and fallen trees, tended zoos to gaze in wonder at big possible those of their wild con- because the animals need such wild animals or to marvel at the col- specifics. He advocated an ethological things. They provide cover for individ- ors and patterns of exotic creatures, approach to zoo management. Hedi- uals that may wish to get out of view others have wanted only to laugh at ger was not particularly concerned and hours of entertainment for those the animals and see in their dumb with how a zoo exhibit looked to the that prefer to peel the bark off a fall- captivity a reassurance that here, at public, at least in terms of whether or en tree. Rubbing his way past shrubs least, were beings that fell below a not it looked “natural,” but he was or scraping against tree branches man. Zoos historically have reinforced adamant that it should duplicate the combs and freshens an animal’s coat. this amusement-park attitude, offer- animal’s spatial, social, and environ- Such natural components of the envi- ing camels and elephants to ride in mental needs and challenges. He ronment provide opportunities to circles. Animals could be made to beg argued the need for recognizing ani- interact. He has places to scent mark, for nothing but peanuts, and until mal territories, and flight distances, for example. Natural components recently, feeding the animals was an in the zoo, and he strongly advocated change and decompose with time. An integral part of going to the zoo. No occupational therapy, based upon na- object as simple as a big root ball, wonder that after any summer week- tural behaviors, to relieve the omni- with clods of mud and dirt sticking to end zoo inmates suffered abundant present boredom of zoo animals. He it, offers ever-changing opportunities diarrhea, vomiting, and nausea. spoke eloquently of the need for con- for investigation as it slowly rots and If the principle reason for going to sidering the animal as a whole being, falls apart. Concrete and plastic ob- the zoo was entertainment, then it a living being, drawing a parallel be- jects, by contrast, never change from was essential for zoo managers to

140 The State of the Animals: 2001 ensure that the cages were full and corn-strewn sidewalks; clipped hedges local zoos. Booster clubs raise vast the animals clearly visible, typically in and chain-link fences. Do Not Walk On sums of money to build new zoo ex- barren concrete cages elevated to The Grass. A shackled elephant sway- hibits. Much has also improved for human eye level. Traders became ing trance-like to some internal the zoo inhabitants, since zookeepers wealthy obtaining animals from the rhythm. Glass-fronted boxes in the are now selected for qualities beyond wild to restock zoos each season. If Reptile House containing snakes that their dexterity with a hose and a shov- changes were to be made they were to never uncoiled. Completely immobile el. Many of them now dedicate much be only technical. Zoo managers crocodiles. Slimy pools edged by tidily of their time to finding ways to keep wanted progress, not philosophies. laid stones. A chimpanzee that the animals in their care more active They looked for technological solu- screamed incessantly. Birds perched and alert. tions and called it science. Thus, the on bare branches greasy from overuse. Children visiting an accredited zoo antithesis of Hediger’s thinking pre- Spilled seed from food dishes scat- today are much more likely to find vailed throughout the zoo world, tered across the sour earth. themselves exploring trails through especially during the 1950s and The media at this time occasionally densely planted jungles, seeing ani- 1960s. It was the age of B. F. Skinner, railed against the unsightly iron bars mals in more natural-sized groupings, the psychologist who invented the Air- that were still a common feature in absorbing images of replicated habi- crib, a soundproof, air-conditioned zoos, but only because they reminded tats that sometimes look surprisingly box for raising babies in during the them of prisons. Sentimentality and realistic. The old shabby wardrobe still first critical years of their life. Vita- aesthetics were of greatest concern, pokes through in places, but for the min pills were going to meet all our with virtually no public debate about most part modern zoos have dressed dietary needs. Formica was modern the physical spaces in which the ani- themselves in new finery, wearing and wood was unhygienic. From mals were maintained and the repeti- green coats with a veneer of wildness. Frankfurt to Philadelphia, zoos pro- tive regimes that controlled their The changes began in the late moted the concept of reducing ani- days. It seemed to be accepted that 1970s, with the adoption of a new zoo mal diets to a selection of formulated zoo animals had to live empty lives in design ethic, called “landscape im- biscuits, full of proteins and vitamins bare spaces that provided nothing of mersion.” The term was coined by but devoid of any sensual or thera- value. They were there only to satisfy landscape architect Grant Jones, peutic value. Iron bars were replaced our curiosity. whose design firm developed the first with even more restrictive glass pan- In the late 1960s, Desmond Morris, such exhibits at Seattle’s Woodland els. Modernity was manifest in tiled ex-curator at the London Zoo, wrote a Park Zoo (Jones et al. 1976). It has cages. For zoos, it was the Disinfec- scathing public attack on the “naked since become the catchphrase for all tant Age. Designers concentrated on cage” (Morris 1968). Just as Hediger modern zoo design, even as at the meeting the needs of the hose and before him, Morris argued the need same time the purpose behind the the mop and ignored the needs of the for more elaborate and intricate en- nomenclature has been forgotten. animal inhabitants. vironments for zoo animals to match Landscape immersion was a philoso- Zoo managers not only ignored the their behavioral and psychological phy by which animals were to be given behavioral and biological needs of the requirements. Hediger’s writings had living spaces that as closely as possi- animals in their care, but they also been confined to specialist and rela- ble replicated their natural habitat. It provided equally sterile and miserable tively obscure scientific publishers, was Hediger’s philosophy of practical environments for their visitors. Zoo but Morris had become a household biology expanded into naturalistic food service was awful. (Indeed, it name with his book The Naked Ape, aesthetics. The landscape was intend- often still is. Fresh fruit, healthy pro- and suddenly he was able to use the ed not only to meet the animals’ psy- duce, or vegetarian alternatives is powerful pulpit of Life magazine to chological, behavioral, and physiolog- rarely available, but hot dogs remain promote these ideas. The public ical needs but also to convincingly ubiquitous.) Clean restrooms were a began to take notice of the inherent relate to zoo visitors the visual power novelty (though they are a little less inadequacies of zoos. A steadily grow- and drama of wild places. The “im- so now), but useful gift shops and ing dissatisfaction began to swell in mersion experience” came from the worthy bookstores have always been the 1970s. Attendance, especially in notion that the animals’ replicated in the minority. Contemplative spaces Britain and northern Europe, started habitat was to be extended beyond and edifying experiences are as elu- to slide. the barriers and engulf the human vis- sive as ever. Over the next thirty years, zoos itors in the very same landscape. The Visits to public zoos in the 1950s completely turned the game around. hope and intent was that by engaging and 1960s left strange memories: More visits are made now to profes- all their senses within a naturalistic over-heated, stuffy, and vaguely grub- sionally run zoos in North America habitat, zoo visitors would—at least by buildings; forlorn animals isolated than to all professional sports events subconsciously—come to a greater on concrete slabs, the smell of hay and combined. Newspapers and television awareness of the connections between feces the only evidence of life; pop- stations pay lavish attention to their the animals they were seeing and the

Is There a Place in the World for Zoos? 141 habitat they were experiencing. Land- ty, a call could be made to an animal births, deaths, transfers, and family scape immersion was to bond the im- trader to find out what new speci- lineage so as to develop breeding pro- ages of wild animals and wild places in mens were available for trade or for grams based on genetics and demo- the visitors’ experiential memory. sale. These animals came from other graphics was instantly understand- Initially rejected, and quite savage- zoos’ surplus stock or from the wild. able to them. ly, by other zoos, which saw so much In either case the source was fairly The ardor with which these man- space and money dedicated to land- arbitrary and with little thought to aged breeding programs was adopted scaping as wasteful and unnecessary, provenance. If standard museum pro- made itself evident in one unpleasant and which chafed at the idea that ani- cedures were not considered, neither manner. Some zoo directors, wedded mals could not now be so easily was much sleep lost over ethics. to their new role as the savior of en- exposed to public view, this new de- Killing several adult wild gorillas to dangered species, began euthanizing sign technique also took time to be obtain an infant, for example, and the animals that were not considered pure accepted by traditional zoo visitors. subsequent high mortality rates in- or that occupied space that could be Used to concrete sidewalks and neat volved in shipping such young ani- devoted to rare sub-species. The howls flowerbeds, several complained vocif- mals, meant that each new ape intro- of protest in the animal welfare com- erously about the new style. Few zoos duced into a zoo carried a hidden munity were dismissed as mere senti- of the time even kept animals on toll—the deaths of many other apes. mentality. The spurious defense was grass, and those that did, such as San Breeding failures among captive that only the purest-bred individuals, Diego’s, regularly mowed the grass in stock compounded the problem. those with the most perfect blood- their animal enclosures, keeping it In 1979 Katherine Ralls, a res- lines, could have space in the Ark. short and tidy. earcher at the National Zoo, in Wash- Even today, many zoo professionals The wild appearance of landscape ington, D.C., examined juvenile mor- will brook no criticism of their immersion exhibits has now gained tality rates correlated with inbreeding actions, cloaking themselves in the wide favor. A new specialty, zoo horti- for sixteen species of animals at the holy mantle of Conservation, protect- culture, has emerged from the con- zoo. The death rate for inbred animals ed from censure by the purity of their cept, and skilled practitioners devote was markedly higher than for those mission to save wild animals from their budgets and energies to creat- born from unrelated parents. Ralls extinction. ing scenes that mimic the wilderness. made a follow-up study on forty-four The pursuit of this role as guardian The public likes it. species. This study reinforced her ini- of the world’s rare and endangered It might seem that with the green- tial findings. It became apparent that species sometimes brings to mind the ing of our zoos, especially in North a management program was needed. horrible fervor of the American eu- America, all is now well. But zoos still Intensive Population Management genics movement of the 1920s and its have enormous progress to make if became the new catchphrase, and the misconceptions about preserving the the animals in their care are to find American Association of Zoological “purity of races.” Although the preva- themselves the beneficiaries of this Parks and Aquariums (now known as lence of this element of zoo fanati- trend. A typical zoo animal’s day re- the AZA) began to strenuously pro- cism has declined, some zoos contin- mains as devoid of contact with any- mote the breeding of animals in ge- ue to euthanize animals almost thing from nature as it did in the old netically regulated programs. routinely, because they do not have menageries. The deception is simply The Species Survival Plan (SSP) of room or to avoid financial inconve- more subtle than the painted scenes the AZA was founded in 1981. Its pur- nience. Responsible zookeepers today of desert and forest on the old zoo pose was to ensure cooperative breed- try hard to prevent unwanted births, exhibit walls. ing programs for selected rare species but even they typically fall back on in North America’s zoos. The intent euthanasia as a management tool. was to maintain healthy and self-sus- The gift of life should not be treated Species Survival taining populations of rare and en- casually. For the individual animal, its At about the same time that Seattle’s dangered species. life is precious. To take that away be- zoo was pioneering new concepts in Although landscape immersion, cause it imposes upon the zoo’s re- exhibit design, the zoo world was be- with its emphasis on strange expendi- sources is not a justifiable action. We ginning to pay more attention to its tures like plantings for the sake of will have made significant progress breeding programs. For their entire public perceptions, had first received when zoos come to realize that there history, zoos had succeeded in breed- a hostile reaction from zoo curators, should be no such thing as a “sur- ing animals only accidentally and the idea of controlled and managed plus” animal. with no projected outcomes. The breeding programs was enthusiasti- Zoos are not farms, where animals main objective had always been to cally adopted. This, after all, was an are produced specifically for consump- have baby animals available for the activity dear to the hearts of zoo spe- tion. They should be places that in- first flush of visitors in the spring. If cialists and one that they understood. spire and encourage sympathy for and animals died and cages became emp- Maintaining studbooks and tracking awareness of wildlife. On one level, 142 The State of the Animals: 2001 zoos accept this premise: zoo mar- endangered animals of the planet. lions of hours of study have failed to keters and promoters have no trouble Today, thankfully, more zoos are ac- generate in the general public even slipping into sentimentality when they knowledging the depth and the the most rudimentary understanding talk about individual zoo animals. At breadth of the problem of species of the realities of nature. We maintain the same time, curators are expected extinction and no longer claim to be attitudes of dominance, believing pragmatically to discuss how to man- providing a (self-serving) quick fix to that everything on the planet is here age “collections” of animals. the loss of wild species. Claims that for our unbridled use. In a survey That said, the SSP program has zoos are breeding animals for future (Louis Harris Associates 1994) on proven to be a success in many prac- reintroduction to the wild are also biodiversity and the reasons for its tical ways. Animals in accredited zoos being muted: the success rates in collapse, only 8 percent of Americans are now bred sensibly and wisely, with such endeavours are minuscule. were aware that destruction of wild a great reduction in capricious or er- When they do happen, such as in the habitats caused reduction in biologi- ratic breeding of unwanted babies. unique example of the golden ta- cal diversity. Genetically viable collections of spe- marin (in a long-term program led by cies have been established in zoos the National Zoo’s Devra Kleiman), around the world. This is a significant we all have reason to rejoice, but ex- The New mark of progress in zoos, and it re- pectations that zoo-bred animals will flects particularly well on the two in- repopulate the earth have sadly come Institutions dividuals who championed it—Wil- to roost on a rather barren tree. Zoos are not likely to go away. It liam Conway, at New York’s Bronx Present-day hopes that we can would take an enormous effort and Zoo, and George Rabb, at Chicago’s clone endangered animals will surely too much time to get rid of them, Brookfield Zoo. arrive at a similar destination. Some even if it were possible. Better, in- SSP is essentially a sound business zoos have been promoting themselves stead, that we should encourage zoos strategy: zoos must breed and main- as frozen Arks, with cryogenic reposi- to recognize that it is time for them tain their captive populations if they tories of flash-frozen sperm or the to accept a new role. They may con- are to have animals to display. SSP eggs of rare animal species. Once the tinue to call themselves “zoos” but could more accurately stand for Self cloning of animals became a viable they will have a new purpose, a new Sustaining Program than for Species tool and debate over replicating dino- look, a new goal. Survival Plan. But in the 1980s the saurs from preserved tissue hit the More than any other kind of natur- notion grew (probably with the help of headlines, the public, as in the past, al-history institution, zoos have the someone in the marketing division of heaved yet another sigh of relief. It capacity to modify themselves to a some zoo) that the SSP was to be the seemed that we had been saved from remarkable degree and to become sanctuary for rare and endangered ecological disaster by the skin of our places that champion and celebrate animals, and zoos launched them- teeth, or at least some bit of it with a the natural world. The move of hu- selves as the new Noah’s Ark. The DNA component. mans into urban areas, and the even media loved this simple imagery. Zoo People are much more willing to more insidious suburban sprawl, is publicists pushed the idea strongly, accept the Pandora’s box of cloning accelerating around the world. Our and the public quite eagerly devoured than the possibility that they may demands on the natural resources of it. The plight of wild animals was have to change lifestyle and values in this planet are increasing. And the becoming more evident, and the vol- order to slow the massive levels of decimation of wild animals and plants ume of news about the destruction of predation we are currently inflicting is reaching proportions that beggar wilderness was increasing. Any indica- on the natural world. We seem unable belief. Twenty-five percent of all birds tion that zoos could solve or amelio- to conceive that the problem is not have been driven to extinction in the rate this horrific dilemma was wel- loss of species but loss of entire habi- past two hundred years. Almost all comed. Up until that time, the only tats and the eradication of complete, the big mammal species are in seri- contact most people had had with functioning, balanced ecosystems. In ous trouble. Ninety percent of the exotic wild animals was through zoo this regard, zoos—and indeed all of black rhinos have been eradicated in visits. Zoos had for generations per- our natural-history institutions— the past eighteen years. One-third of petuated the myth that they were dis- have failed utterly. The western world the world’s 226 turtle species are playing the abundance and diversity of has several hundred years’ worth of threatened with imminent extinction. animal life, so it is not surprising that public zoological parks, botanical It is not just the animals that are dis- the public could be bamboozled into gardens and arboretums, public appearing—their habitats are evapo- believing that zoos could save the aquariums, and natural history muse- rating. Terborgh (1999) calculates world’s wildlife. Each time a member that if the clearing of tropical forests of a rare species gave birth, zoo publi- ums. Yet all of their accumulated scholarship, massive plundering of were to continue at the 1979–1989 cists proudly proclaimed it another rate, the last tree in those forests example of America’s zoos saving the the planet for their displays, and bil-

Is There a Place in the World for Zoos? 143 would fall in 2045. The rate of defor- multi-media to reveal behaviors and Kellert, S.R., and E.O. Wilson, eds. estation is increasing, however, not explain natural processes as well as 1993. The biophilia hypothesis. holding steady. the majestic splendor of wildlife spec- Washington, D.C.: Island Press. Bill Conway, retired president of tacles, and it incorporates live-animal Morris, D. 1968. Must we have zoos? the Wildlife Conservation Society and exhibits that focus on small life yes, but….In Life magazine, De- director of New York’s Bronx Zoo, has forms. It also has a very sound con- cember 9, 78–86. said, “Wildlife conservation is des- servation philosophy. It dramatically Seidensticker, J., and J.G. Doherty. tined to be among the main adven- illustrates how the benefits of such an 1996. Integrating animal behavior tures, as well as challenges, of the approach are immeasurably greater and exhibit design. In Wild mam- twenty-first century” (Conway 1999). than those derived from any bored mals in captivity: Principles and Many of the new adventurers are zoo ape, listless lion, or pacing bear. techniques, eds. D. Kleiman et al. already aboard ship, on vessels bear- Zoos need to boldly broaden their Chicago: University of Chicago ing names like the Audubon Society, focus, sharpen their mission, and Press. Friends of the Earth, Greenpeace, form new partnerships with other cul- Terborgh, J. 1999. Requiem for nature. Earthwatch, and Nature Conservancy. tural, scientific, and arts and human- Washington, D.C.: Island Press. It is imperative, however, that the ities institutions. Then all of them public join this great expedition. For can tell the story that wild places and this purpose zoos are admirably suit- wild animals are essential as well as ed. They reach vast numbers of peo- wonderful and that we must learn to ple who come to them each year share the world with them. eager for contact with the world of nature. With imagination, creativity, and most of all commitment, zoos Literature Cited can fashion a strong and public voice American Zoo and Aquarium Associa- for conservation. Instead of directing tion (AZA). 1994. Species survival their educational programs to school- plan. Bethesda, Md.: AZA. children, they can educate the voters Boyd, L. 1997. Zoological parks and and decision-makers in our society. aquariums in the Americas. Bethes- They can bring the beauty and fragili- da, Md.: American Zoo and Aquari- ty of wild places directly into our city um Association. centers, reaching and energizing an Conway, W. 1999. The changing role urban audience that needs to become of zoos in the twenty-first century. more aware of the real need for wild- Keynote address, Annual Confer- life conservation. ence of the World Zoo Organisa- Ironically, zoos can achieve this tion, Pretoria, South Africa. with less dependence upon animal Croke, V. 1997. The modern ark. New displays. New technologies, new tech- York: Scribner. niques, and an acknowledgement of Hancocks, D. 1996. Gardens of ecolo- their true mission can transform zoos gy. In Keepers of the kingdom: The into champions of conservation. The new American zoo, ed. N. Richard- wonder that is inherent in very small son. Charlottesville, Va.: Thomas- life forms can be magical, when pre- son-Grant Lickle. sented in the right way. It is certainly Harris, L. and Associates. 1994. Sci- more edifying and uplifting than ence and nature survey. N.Y: Amer- watching the aimless shuffling of a ican Museum of Natural History. captive elephant. Interactive zoo ex- Hediger, H. 1950. Wild animals in hibits that reveal the connections in captivity: An outline of the biology of nature can benefit and inspire us zoological gardens. London: Butter- intellectually, spiritually, and aesthet- worth. ically. New types of zoo displays can Jones, G., J.C. Coe, and D.R. Paulson. help us to understand the interdepen- 1976. Woodland Park Zoo: Long dencies of flowers and bats, elephants range plan, development guidelines and savannas, mushrooms and trees, and exhibit scenarios. Seattle, ants and butterflies, minerals and Wash.: Department of Parks and bones. An example of this new ap- Recreation. proach, called Wildscreen, has recently opened in Bristol, England. It uses

144 The State of the Animals: 2001 understand how the sale or loan of USDA doesn’t categorize its exhib- Another endangered tigers and orangutans itors by size, number of animals dis- to birthday-party entertainers “en- played, or any other criterion. It sim- hances the survival” of their species. ply requires that they display or View of No one seems eager to explain that exhibit animals to the public. USDA- when the spring crop of baby animals licensed exhibitors therefore can featured in the local newspaper’s range from a gas station owner dis- Zoos “What’s New at the Zoo” article displaying a single moth-eaten tiger in places last year’s crop, last year’s a cage to the world-renowned San babies sit unnoticed in bleak “off Diego Zoo. Richard Farinato exhibit” holding areas. Yet it should For the purposes of discussion, let be impossible for everyone but the us arbitrarily cut the number of li- oos have engendered strong perky, positive, vocal pro-zoo few to censed exhibitors in half to eliminate feelings in people ever since ignore reality—that the vast majority the gas station tigers, mobile petting Zemperors and kings began as- of public-display facilities are not cut- zoos, and birthday party monkeys for sembling private menageries for ting-edge conservation societies un- hire. Even so, the remaining thousand themselves. derwriting conservation research in would still be enough to allocate Although zoos have some ardent remote rainforests. twenty wild-animal display attractions supporters, zoo critics have often suc- Zoos exist primarily to entertain to every state in the Union. Such ceeded in disseminating their view of people. They are businesses. The first operations may call themselves pre- zoos as little more than animal jails, concern of any business is the satis- serves, reserves, sanctuaries, rescue concrete warehouses in which blame- faction of the customer, and a zoo, centers, wildlife parks, or nature cen- less inmates live out lives of desperate whether public or private, depends on ters, but since they all exhibit wild misery. In an effort to combat that repeat business from satisfied cus- animals to the public on a predictable negative image, during the past de- tomers. Whatever the zoo has identi- basis, they function for all intents and cade a small minority of zoos has fied as necessary to visitor satisfac- purposes as traditional zoos. Of this gone out of its way to create the myth tion will determine the zoo’s arbitrarily assigned thousand, less of the “good zoo.” This visible, vocal priorities. It shares with all other ani- than 20 percent—185—are accredit- minority declares that gone are the mal-based industries the same build- ed by the American Zoo and Aquari- days when zoo animals existed only to ing blocks of business: produce or um Association (AZA) (formerly provide a family’s afternoon enter- acquire animals; display and other- AAZPA, the American Association of tainment. Conservation and educa- wise market those animals; and dis- Zoological Parks and Aquariums), the tion are now the avowed purposes of pose of surplus, excess, or otherwise professional membership association zoos, they say. Endangered species unwanted animals. In the course of for zoos in this country. Within even are micromanaged down to the gene conducting their business, zoos say, this small subset, the quality of the level for the enhancement of their the public is educated, conservation facilities, staff, and animal care varies survival. The zoo is an ark with a pre- is fostered, and visitors are enter- widely. In general, however, it is only a cious cargo to save. As animals disap- tained through the use or mere pres- relative handful of these AZA-accred- pear in the wild, zoos offer a last hope ence of captive wild animals. ited institutions that has led the zoo for such species’ survival and a last For the most part, the public seems field in innovative animal care and chance for visitors to learn about to believe them, judging from the display, in situ conservation pro- them. So they say. popularity of zoos in general. Some grams, and animal welfare. The re- Such cheerful pronouncements, ten thousand zoos are estimated to maining uber-majority are by-and- however, haven’t changed what the exist worldwide. Annual attendance is large silent and far, far behind. average American zoo is or what the estimated at 700 million (IUDZG Whenever the public reads that average American zoo does. The truth 1993). No one knows exactly how zoos are dedicated to the conserva- isn’t easily reconcilable with the new many zoos exist in the United States. tion of endangered species or are image. It is difficult to argue the mer- In order to exhibit wild animals to the working to teach the public about the its of concepts like “precious cargo” public, however, U.S. law does re- natural world, the story is likely to and “education” when bears still end- quires that an exhibitor be licensed have originated with the comment of lessly pace the cement floors of zoo by the U.S. Department of Agricul- an AZA spokesperson or facility. It cages all over the country and ture (USDA). Currently, approximate- typically does not include the num- chained elephants rock the decades ly 2,300 USDA-licensed exhibitors are bers of zoos actually involved in these away in dusty, barren enclosures bet- in operation. Since 1996 USDA fig- laudable endeavors. Instead, the im- ter suited to the pony ride concession ures show that exhibitor numbers pression is left that all zoos are doing than to habitat for natives of the have increased by an average of a hun- all these things all the time, and that African savanna. It remains hard to dred licensees each fiscal year. The the specific facility mentioned is sim-

Another View of Zoos 145 ply a shining example of a pervasive respond on a basic, emotional level to living with stainless steel, rope ham- state of affairs. Indeed, the zoo com- seeing a live animal on display and mocks, and cardboard boxes. Still munity is a unified and consistent that such observation can create a others will experience highly detailed entity, vastly changed for the better bond with an individual animal. But re-creations of tropical rainforests. from what it used to be. the bond between zoo animal and vis- With little consensus and/or regula- This is very different from the reali- itor is more likely to have been man- tion within either the AZA or non-AZA ty The HSUS and other animal pro- ufactured by the facility through zoo communities on the design and tection organizations deal with annu- sophisticated signage, favorable pub- execution of exhibits, there is little ally: the shabby reality of outdated licity (such as baby-animal “naming” consistency in the educational mes- facilities, miserable animals, unen- contests and charity outings), and sages being delivered by zoos. What is lightened and misguided manage- gift-shop novelties than through any being taught? What message does the ment, and suspect sales practices of spontaneous or genuine interaction. visitor get? What has he or she zoos receiving public and/or private For that reason the quality of the learned about the animal? Should it support. From 1996–1998, the USDA interactions varies wildly, from nega- vary according to each zoo’s display received more than eighty thousand tive to positive, depending on staff so- budget, geographical location, and inquiries from citizens, groups, and phistication, physical resources, and educational mission? legislators concerned about animal institutional goals. The issue of education aside, vocal, welfare in regulated facilities in gen- According to traditional zoo philos- visible zoos have increasingly promot- eral (out of a total of 7,800 facilities ophy, people must see live animals in ed themselves as conservation cen- regulated by USDA) (USDA APHIS order to learn about a species (and ters, in some cases even changing 1998). Over that same time period consequently to care about the spe- their names to reinforce this image. and to the present, The HSUS rou- cies and its habitat). To prove their Through skillful marketing and public tinely has received letters, e-mails, educational effectiveness, zoos fre- relations, they miss no opportunity to and phone calls of concern about zoo quently cite their annual attendance emphasize their role as modern arks, facilities on an average of three to five figures, as though visitors learn about hedges against the extinction of times a week. Green (1999) followed animals simply by walking through a endangered species in the wild. The “de-accessioned” zoo animals via a turnstile. But does mere exposure to majority of zoos, however, do no more paper trail from roadside menageries captive animals translate directly into than produce multiple generations of to exotic animal auctions to exotic- practical action—or even heightened common—as well as endangered— animal dealers back to zoos in a per- ecological awareness—as zoos claim? species. They label this breeding suasive account that makes zoos’ af- One could argue that it does exactly “conservation,” when the most that firmations of ethical treatment of the opposite. Instead of sensitizing can be claimed for it is that it replen- animals disingenuous at best. the visitor to animals and their (un- ishes available zoo stock to minimize The AZA zoos that dominate the portrayed) natural habitats, such ex- capture from the wild. Facilities with media present themselves as dedicat- posure may plant the notion that wild the financial resources, staff exper- ed to educating the public and to con- animals belong in confinement and tise, and commitment to engage in or serving wildlife. Some zoos have made that artificial, visitor-friendly sur- support real conservation programs great strides in both areas, but rela- roundings are natural or at the least have always been few in number. Per- tively few AZA zoos, and virtually none representative of the animal’s native haps 10 percent of AZA zoos are of the non-AZA member facilities, are habitat. Viewing an orangutan sitting involved in such substantial conserva- involved or effective in either conser- in a grassy, moated outdoor yard or a tion programs, either in or ex situ, so vation or education. Those that have concrete enclosure teaches nothing to call conservation a purpose of zoos anything tangible to show for such about the nature of the animal or its in general is misleading. efforts rely on intuition, anecdotes, role in the non-zoo environment. It Yet there is no doubt that claims of projections, and hypotheses built on encourages people to consider wild conservation by a few zoos insulate all hypotheses to imply that the whole animals as isolated objects rather zoos from criticism and wrap them in zoo community shares in any success- than as integral elements of an eco- a mantle of noble endeavor. Certainly, es. Studies (Kellert and Dunlap 1989; system with their own intrinsic value. as the capture and import of wild ani- World Society for the Protection of If the basic educational tool in the mals have become more controver- Animals and the Born Free Founda- zoo’s classroom is the living animal sial, zoos have made captive breeding tion 1994) found little evidence of and its surroundings, we must look a central project, if only to provide any substantive education taking closely at what a zoo exhibit tells a themselves with a steady supply of place among zoogoers; although the visitor. Some zoos teach that gorillas, replacement animals, but the captive potential for it was and may be pre- orangutans, and chimpanzees are birth of an animal does not necessar- sent, education has not replaced en- found in nature on grassy lawns at the ily enhance its species’ prospects for tertainment during a zoo visit. bases of sheer cliffs. Visitors of other survival. Most captive-breeding pro- It is accurate to say that people zoos may learn that these apes prefer grams ensure a supply of animals for

146 The State of the Animals: 2001 display or trade, and often create a world. Then they must do something growing number of surplus animals of to ensure that the ideals of the small questionable genetic backgrounds. percentage of “good” zoos becomes Neither these animals nor their prog- the standard by which all zoos are eny can be considered as hedges judged. against a species’ extinction. All face uncertain futures at best. Zoos claim that they foster not only Literature Cited education and conservation, but also Green, A. 1999. Animal underworld: research and scientific study of ani- Inside America’s black market for mals that benefits conservation. How- rare and exotic species. New York: ever, much of what can be learned Public Affairs. from captive animals has limited ap- IUDZG—The World Zoo Organization plication to the conservation of free- and the Captive Breeding Specialist living populations. The majority of Group of IUCN/SSC. 1993. The zoo-based research addresses hus- world zoo conservation strategy: bandry techniques or other issues The role of the zoos and aquaria of specifically aimed at the management the world in global conservation. of animals in captivity, and has little if Brookfield, Ill.: Chicago Zoological anything to do with issues involving Society. wild animals or populations. Conser- Kellert, S.R., and J. Dunlap. 1989. vation funding from various sources Learning at the zoo: A study of atti- administered by AZA has been award- tude and knowledge impact. ed to 130 projects from 1991 through Philadelphia: Philadelphia Zoologi- 1999; 70 percent of these projects cal Society. were dedicated to captive animal U.S. Department of Agriculture Ani- management or in-house education mal and Plant Health Inspection activities as opposed to conservation Service (USDA APHIS). 1998. Ani- of species in the wild (www.AZA.org). mal welfare report: Fiscal year Zoos have a better reputation than 1998. APHIS 41-35-059. Washing- they deserve. The same four to eight ton, D.C. prominent zoos are trotted out over World Society for the Protection of and over again so the media can pay Animals (WSPA) and The Born Free homage to a handful of people or ex- Foundation. 1994. The zoo inquiry. hibits. The institutions that engage in London and Surrey, U.K.: WSPA and meaningful programs for conserva- The Born Free Foundation. tion and education and place a high priority on animal welfare are not typical zoos. They do not represent what commonly exists in so many municipalities, in city parks, on scenic routes in rural tourist areas, or in the multitude of other locations that have animals in cages on display. They ignore or deny or forget the squalid facilities that make up the large majority of zoos in this country. It is a disservice to the public and to the animals for the zoo community to act otherwise. Zoo professionals need to accept that the welfare of any animal in any captive situation is ultimately their responsibility. They must engage in honest acknowledgement of conditions that are prevalent—rather than those that are desirable—in the zoo

Another View of Zoos 147

Animal Protection in a World Dominated by 10CHAPTER the World Trade Organization

Leesteffy Jenkins and Robert Stumberg

uring the last decade, animal At stake is the democratic steward- protection suffered a pro- Where We ship of animals and their environ- Dfound setback as a result of ment. Global trade rules govern not global trade rules. Until recently, the Are Now only trade, but also the values a coun- harm has remained almost invisible The Third WTO Ministerial in Seattle, try reflects within its marketplace. to the general public because interna- Washington, in December 1999, dra- WTO supporters say that the WTO tional trade has seemed only tangen- matically revealed for the first time Agreements permit countries to set tially related to animal protection. many segments of the public’s grow- high environmental and social stan- 2 Much like Magellan, whose great ing discontent with WTO rules. An dards. But WTO and GATT case law ships appeared on the horizon of attempt to launch a new round of demonstrate the Orwellian nature of 3 Terra del Fuego yet remained unseen trade negotiations ignited street this statement. Under WTO rules, an- by the natives,1 an elite few have been clashes between protesters, including imals cannot be protected if protec- making global trade rules out of sight some in sea turtle costumes (to sym- tion results in any adverse market of the rest of the world—acting as an bolize the WTO’s anti-environment impact.12 In effect, free-market theo- invisible hand affecting economic and policies), and law enforcement offi- ry preempts all other social values. social policy. cials. The protesters, flashed across The WTO does not specifically pro- 4 However, that is beginning to television sets around the globe. The hibit governments from establishing change, and animal issues are playing ministerial meeting collapsed as a re- strong animal protection or environ- a crucial role in making the World sult of the upheaval, and sea turtles mental policy, as WTO supporters Trade Organization (WTO), the inter- quickly became a symbol in Seattle of point out. The effect is more subtle. 5 national body responsible for initiat- what is wrong with the WTO. WTO rules narrow the range of mech- 6 ing and enforcing global trade rules, Laws protecting sea turtles, dol- anisms available to governments to 7 8 publicly visible. Current WTO rules phins, and dogs ; laws banning cos- create or modify social policy. Specif- 9 prohibit the types of enforcement me- metic testing on animals or the use ically, WTO rules prohibit govern- 10 chanisms relied upon by sovereign of steel-jaw leghold traps ; laws pro- ment-initiated, market-based reme- nations to make animal protection moting the production of hormone- dies such as sanctions, standards, and 11 initiatives effective; as a result, many free beef —all have been challenged even ecolabeling, if they are used to animal protection measures in this or threatened with challenge as a bar- implement and enforce animal pro- country and abroad have been re- rier to trade under WTO rules or its tection and environmental policies.13 versed or stymied in the face of WTO precursor, the General Agreement on Yet today, much of the harm done to challenges or threatened challenges. Tariffs and Trade (GATT). In each animals and the environment is the The WTO’s adverse impact on animal case, when global trade rules were result of market-based problems—in- protection is one of the reasons why applied, the laws were modified or re- cluding fishing for tuna by killing dol- the WTO’s new-found public image is voked. These laws represent decades phins, factory farming, and scientific increasingly a negative one. of effort to establish strong animal research on animals to reduce prod- protection legislation in the United uct liability. In each case the ultimate States, Canada, and Europe. consumer contributes to the market’s impact on animals. 149 The question is whether WTO sup- “ensure effective equality of competi- Conflict or porters perceive the need to change tive opportunity and to protect the the rules to accommodate social val- expectations on the competitive rela- Compromise? ues—values other than free-market tionship between imported and do- Government policy is meaningless if theory, comparative advantage, and mestic products.”24 no viable ways exist of implementing competition based only on the lowest As compelling as the theory of com- and enforcing its substantive provi- price. parative advantage may be in the eco- sions. In the context of global economic realm, it is not applicable to nomic integration, this realization social or moral policy typically em- in part, led to the strengthening of Comparative bodied in environmental or animal the institutional and enforcement protection regulation. At issue in 14 provisions of the WTO. Similarly, Advantage environmental or animal protection without viable options for implement- policy-making is the legitimacy of the ing and enforcing animal protection Theory Does goods produced, or more typically, policy, including market-based reme- the legitimacy of the process by which dies, the sovereign authority to set Not Apply to the goods are produced. To use a real high anima protection standards is an example, the European Union (EU) anachronism. Social Policy has implemented a regulation ban- At the core of GATT theory is the con- The 1990s were characterized by ning the sale within the European cept of “comparative advantage.” conflict and competition initiated as Union of pelts caught by using steel- Comparative advantage is the ratio- GATT/WTO proponents sought to im- jaw leghold traps. At issue for the EU nale underlying GATT Articles I (Most pose a dominant global economic electorate were ethical concerns Favored Nation) and III (Nation Treat- order. A strategy of “winner take all” regarding the appropriateness of pro- 15 ment).18 It is also the rationale used was pursued, and it extended to ducing a product in such a way as to 16 to discredit the enforcement of envi- challenges to animal welfare. Princi- cause extreme animal suffering. Com- ronmental and animal protection pol- ples of free trade, not pragmatism, parative advantage has no meaning in icy with standards that regulate the governed decisions to challenge legit- this context. The issue is not whether 17 production or process of goods.19 The imate animal welfare laws. The pub- pelts can be produced at a lower eco- objective of comparative advantage lic seemed asleep. Free market theo- nomic cost by using steel-jaw leghold was first incorporated in an early rists had free rein. But by 1999 the traps. Rather, the electorate deter- GATT decision known as the Belgian climate was changing, as demonstrat- mined that the moral cost of produc- Family Allowances.20 ed by the broad public interest piqued ing pelts in this manner outweighs In the Belgian Family Allowances by the protests against the Seattle any economic advantage. The elec- case,21 Norway and Denmark brought Ministerial. The question for the new torate did not want such pelts, no a complaint against Belgium because millennium is whether compromise matter what the economic price. Belgium placed a levy on products can be found. Applying WTO rules to this type of purchased by public bodies from Each new WTO challenge to an regulation results in decisions which states that did not have a system of existing national or international pol- technically may be consistent within family allowances meeting specific re- icy—environmental; animal protec- the context of GATT, but which quirements. The panel decided that tion; or consumer-related—creates nonetheless may be viewed as illegiti- Belgium’s levy violated Article I:1 and an atmosphere of insecurity that can mate or irrational by national policy- possibly Article III and that the levy be exploited by those who wish to un- makers and their electorate.25 When was inconsistent with the spirit of dermine protection. In the short GATT rules are applied to social/mo- GATT.22 term, social policy seems to be the ral regulations, the goal of preserving The rationale behind the decision loser. In the long term, however, the comparative advantage is input into was comparative advantage. By re- viability of the international trade social policy. This insures that eco- quiring that all countries have similar regime will be at issue. Any WTO solu- nomic considerations will override or social/economic requirements, Bel- tion that does not take into account outweigh the underlying social pur- gium was undermining the compara- social policy will inevitably create fur- pose of the regulation. The net effect tive advantage that some countries ther conflict rather than reduce or is to stymie the ability of policymakers gained by not having such economic eliminate tension. to use the democratic process to bal- legislation. The objective of compara- WTO rules are constitution in ance competing policy interests of the tive advantage was again articulated nature: while they are vague and societies which they govern. in a later panel decision, United broad in scope, they can also be rein- In a democratic political process, States—Section 337 of the Tariff Act of terpreted to reflect changing public the concerns of various stakeholders, 1930.23 In that case the panel found perceptions and opinion. It is possible including affected industries, are bal- that the purpose of Article III was to to change the impact of WTO rules. anced so as to preclude an absolute

150 The State of the Animals: 2001 win or absolute loss for any particular (the “SPS Agreement”) states that animal protection. They include mea- segment of society. In this way, poli- “no Member should be prevented sures: cymakers attempt to devise solutions from adopting or enforcing measures (a) necessary to protect public that harm the fewest number of necessary to protect human, animal, morals; stakeholders. Establishing a presump- or plant life or health, subject to” the (b) necessary to protect human, tion that global economic concerns same requirements set forth in the animal or plant life or health must be given priority in the context TBT Agreement.27 The Preamble to ...[and] of noneconomic regulation promotes the Agreement Establishing the WTO (g) relating to the conservation autocratic, rather than democratic, specifically recognizes the need to of exhaustible natural policy regimes. This is because a pre- [allow] for the optimal use of the resources if such measures sumption of trade supremacy pre- world’s resources in accordance are made effective in cludes policymakers from balancing with the objective of sustainable conjunction with restrictions the diverse needs of their political development, seeking both to on domestic production community. protect and preserve the environ- or consumption. ment and to enhance the means Article XX dramatically protects the for doing so in a manner consis- measures listed against conflict with A Balance tent with [countries’] respective every trade rule save the two safe- needs and concerns at different guard tests written into the Article’s Originally levels of economic development. preamble. By supplanting the sum of While this language admittedly is all other trade considerations, the Envisioned not proscriptive, it nonetheless con- safeguards play a crucial role in pre- Trade agreement history reveals that veys an implicit intent to balance eco- serving the balance between trade the original framework of GATT trade nomic growth with social values. and environment (and the other pro- principles and exceptions envisioned Proscriptive language to this affect, tected domestic policies). The pream- a dynamic system that could balance however, is contained in at least two ble requires that protected measures: trade and domestic policy needs, as places in the WTO Agreements. Arti- are not applied in a manner which well as global economic integration, cle XIV (the exceptions clause) of the would constitute a means of [1] with national sovereignty. General Agreement on Trade in Ser- arbitrary or unjustifiable discrim- Adopted in 1947, GATT-the-docu- vices (the “GATS”) states ination between countries where ment reflects a theoretical balance of Subject to the requirement that the same conditions prevail, or interests that has not characterized such measures are not applied in a [2] a disguised restriction on in- interpretations by GATT-the-institu- manner which would constitute a ternational trade. tion (now the WTO). That balance means of arbitrary or unjustifiable This framework for balancing trade between trade and environment or discrimination between countries and noneconomic interests was de- other domestic policy interests is where like condition prevail, or a bated and designed well in advance of achieved not only in the GATT, but in disguised restriction on trade in GATT 1947.29 Two global trade docu- numerous places throughout the services, nothing in this Agree- ments developed the approach of bal- WTO Agreements adopted or modi- ment shall be construed to pre- ancing trade rules on one hand with fied in 1994. For example, the Pream- vent the adoption or enforcement general exceptions and a preamble ble to the Agreement on Technical by any Member of measures: with safeguards on the other, however Barriers to Trade (“TBT Agreement”) (a) necessary to protect public neither ever took effect. The first was provides: morals or to maintain public the 1927 International Convention no country should be prevented order; for the Abolition of Import and Ex- from taking measures necessary... (b) necessary to protect port Prohibitions and Restrictions (or for the protection of human, ani- human, animal or plant the 1927 Convention), which was mal or plant life or health, or the life or health. drafted by committees and confer- environment...subject to the re- Similarly, Article XX of the GATT ences of the League of Nations. The quirement that they are not ap- provides that subject to the safe- second was the charter for creation of plied in a manner which would guards in its preamble, “nothing in the International Trade Organization constitute a means of arbitrary or this Agreement shall be construed to (or the ITO Charter), which was unjustifiable discrimination be- prevent the adoption or enforcement sponsored by committees of the Unit- tween countries where the same by any contracting party of measures” ed Nations. While the ITO Charter conditions prevail or a disguised (emphasis added) that are included was still being drafted after 1947, the restriction on international trade. 26 in the list of “general” exceptions.28 seminal proposals from the United Similarly, the Preamble to the Article XX has three general excep- States and other countries did pre- Agreement on the Application of San- tions that have great relevance to the date the GATT, and they help to illus- itary and Phytosanitary Measures relationship between the WTO and trate contemporaneous thinking.

Animal Protection in a World Dominated by the World Trade Organization 151 As the first serious effort to pro- generic exceptions would strike the abuse. The committee inserted the mote global economic integration, best balance. The British delegate ar- same structure of preamble safe- the deliberations over Article 4 of the ticulated the rationale upon which guards that the 1927 Convention 1927 Convention yield the most ex- the committee reached consensus: used.42 The ITO preamble stated that tensive historical record regarding If these noneconomic prohibi- trade measures could not be “applied the structure and purpose of the tions were not covered by the in such a manner as to constitute a GATT general exceptions and their scheme of the Convention [that means of arbitrary discrimination preamble. From the start, the goal is, protected by general excep- between countries where the same of the 1927 Convention was to devel- tions], there was ground for hope conditions prevail, or a disguised op a formula for abolishing import that the danger of abuse would… restriction on international trade.”43 and export restrictions while preserv- not be serious. In pursuing this While the exact language of GATT ing deference for legitimate noneco- course the Conference would be general exceptions continued to nomic policies.30 taking the only step possible at develop, the framework of exceptions The League of Nations Economic this stage. It should not set up with a preamble to safeguard against Committee (LoN Economic Commit- machinery relating to these non- abuses carried through from the 1927 tee) went so far as to describe the economic prohibitions.…The Convention to the ITO Charter to Article 4 prohibitions of restrictions time has not yet come to include GATT 1947. That original framework on trade as “outside the scope” of the noneconomic prohibitions and for maintaining a balance between Convention.31 It is clear from the dis- restrictions, for Governments had trade and noneconomic concerns cussion at several committee meet- their special and peculiar obliga- remains as a prominent feature of ings that the delegates distinguished tions to their peoples in matters GATT architecture.44 between “economic,” or “financial,” to which they related.37 regulations and “noneconomic” regu- While generic exceptions would lations. The 1927 Convention was strike the balance with sovereignty WTO Decisions designed to govern the former, not concerns, the LoN Economic Com- the latter. mittee also wanted to assure that Undercut As an example, the delegation of such broad exceptions would not lead India expressed the view that only sov- to abuses of the trade rules.38 At the Measures ereign nations could determine the same time, the committee wanted to need for trade restrictions.32 The avoid drafting the agreement “so for Animals Japanese delegate emphasized that strictly and with so little regard to lo- Recent GATT/WTO dispute panel de- “[e]ach country must be allowed cal conditions as to make it impossi- cisions have increasingly curtailed sufficient liberty to take those mea- ble to obtain general adhesion.”39 In the capacity of policymakers to use sures of prohibition or restriction this context the committee drafted trade measures for environmental or which it considered necessary for the two safeguards for the preamble animal protection purposes. For non-financial or noneconomic rea- to Article 4. Thus did the 1927 Con- example, Article III (the “National sons....”33 In this context, the balance vention explain its framework of us- Treatment” clause) of the GATT per- between sovereignty and economic ing general exceptions and preamble mits the application of domestic reg- integration was a central issue for the safeguards to preserve the balance ulations to foreign products so long 1927 Convention. between trade and noneconomic poli- as they are not applied in excess of The delegates frequently asked cy interests. those applied to “like” domestic prod- whether particular laws of interest The ITO Charter debates followed ucts. The term “like product” has would be covered by the proposed much the same pattern. India, among been interpreted by dispute panels to general exceptions. These were most others, continued to express general exclude regulation based on differ- often questions about quasi-econom- concern about losing its sovereignty ences in production or processing 45 ic regulations,34 but noneconomic over noneconomic matters, particu- methods, which is often a key con- laws were discussed as well.35 In re- larly resource conservation.40 The al- cern for environmental or animal pro- sponse to the discussion of whether ternating concern was still the poten- tection. various quasi-economic trade restric- tial for abusing the exceptions, as was Dispute panels also have narrowed tions would be protected by Article 4, expressed by the delegates from the exceptions contained in Article the Austrian delegate raised the pos- France and the United Kingdom, XX of the GATT for measures “neces- sibility of more detailed disclosure in among others.41 sary to protect human, animal, or order to “get rid of the skeletons.”36 Based on a proposal from the Unit- plant life or health” (Article XX(b)) or However, most delegations opposed ed States, the ITO committee that “relating to the conservation of ex- developing a detailed list or a policy worked on general exceptions began haustible natural resources” (Article of strict construction. The committee with a list of exceptions, but without XX(g)). They have interpreted the eventually arrived at a consensus that a preamble citing safeguards against term “necessary” in Article XX(b) as a

152 The State of the Animals: 2001 least-trade-restrictive test for health conservation goal and therefore, the necessary consensus resulting only at measures.46 According to dispute pan- measure was both arbitrary and un- the point of crisis. els, trade measures are only “neces- justifiable and a disguised restriction MEAs are the high-water mark of sary” if there is no other conceivable on trade. In so deciding, the Appel- pragmatic, bottom-up problem-solv- means of achieving the policy goal. As late Body substituted its policy judging. They do not emanate top-down a result of this interpretation, dispute ment for that of U.S. environmental from an international center of panel members who are not experts in regulators and found that an alterna- power. Most MEAs come into exis- the policy at stake have substituted tive non-trade restrictive method of tence only after their substantive poli- their judgment of what is “necessary” achieving U.S. policy could have been cies are first implemented at a “local” for that of the legislature. They have equally effective from a conservation level, either nationally or subnational- often rejected pragmatic solutions in point of view.”50 In Shrimp-Turtle AB, ly within a state or province. favor of hypotheticals that are not the Appellate Body again substituted Consensus usually builds from the politically feasible or have been tried its own judgment for that of domestic bottom up. The first communities to and have not worked.47 environmental regulators, and again act are usually the ones that experi- Dispute panels have also narrowed found that alternatives measures ence a problem more acutely than the general exception in Article were available to achieve the particu- others. For example, a maritime pro- XX(g), “relating to the conservation lar conservation goal.51 These deci- vince may feel the economic brunt of of exhaustible resources.” Panels have sions affect not only Article XX, but depleted fishing stocks, or a nation interpreted the term “relating to con- also other WTO Agreements includ- with particular religious or moral val- servation” to mean “primarily aimed ing, the TBT Agreement, the SPS ues may recoil at the commercial at conservation,” which in turn has Agreement, and GATS, where identi- treatment of animals it reveres. been narrowly interpreted to permit cal language is found. A community may not be specially only those regulations that directly The dynamic relationship between or acutely affected by a problem, but accomplish the stated policy goal. local innovation and global solutions it may still see itself as part of the Regulations that accomplish the goal is important. If the WTO uses its problem and therefore demand do- indirectly or over a period of time do power to block the use of trade mea- mestic regulation. For example, the not qualify for Article XX(g) protec- sures for environmental or animal pro- State of Vermont was one of the first tion.48 Although this rigorous stan- tection at the local (domestic) level, governments at any level to limit the dard has been modified somewhat by the direct result will be to limit the sale or use of chemicals that deplete the Appellate Body’s rulings in options at the global level. Limited the ozone layer of the atmosphere. Shrimp-Turtle AB and Reformulated options at the multilateral level Local initiative is essential to solv- Gasoline, these cases have simply means that multilateral environmen- ing global-scale problems in three dif- constructed a new hurdle or test in tal agreements (MEAs) lose their effi- ferent ways. First, local initiatives terms of the preamble (known as the cacy. This in turn decreases the incen- help build critical mass to make a real “chapeau”) to Article XX. tive for multilateral environmental ecological or economic difference on The Article XX chapeau provides: cooperation, increases the pressure a global scale. Second, the movement Subject to the requirement that for unilateral (domestic) action, and toward a solution has to start some- such measures are not applied in a consequently, may temper the enthu- manner which would constitute a siasm of some governments for fur- where: local initiatives are often the means of arbitrary or unjustifiable ther global economic integration, first step toward political risk-taking discrimination between countries thereby stunting the evolution of both without which a global solution can- where the same conditions pre- environmental and economic law. not be achieved. Third, local initia- vail, or a disguised restriction on tives are necessary as experiments. international trade, nothing in MEAs Require Nation-states, whether they act alone this Agreement shall be construed or in unison, depend on ideas that to prevent the adoption or en- Strong Protective work to solve environmental and ani- forcement by and contracting par- Legislation mal protection problems. Global envi- ty of a measure. Previous GATT and WTO dispute res- ronmental solutions cannot be devel- When the Appellate Body addressed olution panels have suggested in dicta oped in a test tube; the only laboratory the issue of the chapeau require- that multilateral solutions are more that works is policy implementation ments in Reformulated Gasoline, it appropriate than unilateral action by on a national or subnational scale. applied what was essentially a “least- a single nation.52 While international Many environmental and animal trade-restrictive” test, although the cooperation is ideal, it is not always protection problems do not respect Appellate Body did not use this spe- possible or even desirable for environ- national borders. Although a single cific language.49 The Appellate Body mental or animal protection prob- domestic policy is a necessary begin- determined that an alternative means lems.53 In most cases, international ning, it is not sufficient in scope to could have been used to achieve the cooperation is a slow process, with conserve a resource (like fish) or pro- Animal Protection in a World Dominated by the World Trade Organization 153 tect a sentient species (like dolphins) tional juridical body may interfere 1993, announcing Decision of the that live in the global commons. with that right, and granting an MEA Standing Committee, para. 6). This The point at which nation-states organization enforcement powers came in response to the most visible move beyond their own domestic con- may result in infringing upon the sov- use of MEA-authorized trade mea- sensus is the point at which an MEA is ereignty of its member countries. Be- sures yet—the U.S. imposition of born. An MEA is to environmental cause of the limited options for inter- trade measures against China and protection what the WTO is to global national enforcement, the use of Taiwan for the continued trade in rhi- economic integration. If the WTO’s trade measures by MEA members will noceros horn in violation of CITES. In trade rules interfere with MEAs, the increasingly become necessary for that case, the CITES Standing Com- risks to the global trade regime will enforcement. While member states mittee, the judicial body with author- increase, not diminish: if local and na- have the means to implement and ity over such matters, issued a deci- tional leaders are prevented from de- enforce MEA objectives within their sion strongly recommending that vising environmental solutions that territory through their police powers, Parties “consider implementing work, they and their electorate will they have few means of implementing stricter domestic measures up to and and enforcing objectives outside their including prohibition in trade in associate the WTO with their own po- territorial boundaries, even when wildlife species now.”57 The purpose litical and environmental impotence. their interests are directly threat- of the decision was to encourage If the WTO does not achieve an effec- ened. This would suggest an increase China and Taiwan to comply with tive balance for trade and environ- in attempts to use trade measures to CITES. The United States took action ment, the movement for global eco- implement and enforce both national by imposing a ban on the importation nomic integration will lose credibility. and international environmental and of animal-related products. Because animal protection policy. neither China nor Taiwan was a Multilateral The WTO’s Committee on Trade member of GATT, no GATT challenge Agreements Are and Environment (CTE) has addressed was possible. the issue of the relationship between Some governments, most notably Hard to Enforce the WTO and MEAs but has come to those of the United States and the International environmental coopera- no conclusions. The question of whe- European Union, assert that trade tion has led to the adoption of more ther MEA-derived trade measures are measures taken to enforce MEAs are than 180 treaties or agreements to WTO-consistent is unresolved. There consistent with WTO rules and that protect the global environment and have been no GATT or WTO chal- MEAs and the WTO are theoretically conserve natural resources. The need lenges to such trade measures. This is international equals.58 The U.S. Trade for continued international coopera- primarily because there are so few of Representative’s office has said this tion is undisputed by trade and envi- them.56 A third treaty, the Conven- repeatedly in public briefings in order ronmental experts alike. Internation- tion on International Trade in Endan- to quell the qualms of environmental al cooperation increases the re- gered and Threatened Species of Wild and animal protection advocates sources available for enforcement, Fauna and Flora (CITES), regulates regarding the WTO. monitoring, and scientific innovation. commercial trade in endangered and Such statements, however, are at It can also be a mechanism for pro- threatened animal and plant species odds with U.S. policy positions. While viding technological, educational, through the use of a trade permitting claiming that nothing in the WTO and monitoring resources to coun- system, but doesn’t specifically au- preempts the use of trade measures tries that do not have the resources to thorize the use of trade measures or by MEAs, the U.S. government has ac- address a particular problem. If MEAs sanctions. The permitting system is tively pursued a policy of ensuring are to be a viable option for address- basically an honor system. Members that WTO rules trump MEA policy by ing global and regional animal-relat- agree to abide by their obligations in including “savings clauses” in new ed problems, they will need enforce- good faith. The only recourse to trade MEAs in which the use of trade mea- ment tools that work. measures per se has been in the form sures are most likely to occur. For Developing the enforcement pow- of a recommendation from the CITES example, in the Biosafety Protocol ne- ers of MEA organizations is conceptu- Standing Committee, the juridical gotiations, the United States pushed ally and practically difficult.54 Histori- body which has authority over such vigorously for language that would cally, enforcement powers have been matters. In September 1993 the ensure that members did not take inextricably tied to the concept of Standing Committee issued a deci- action which would interfere with sovereignty, and only nation-states sion which provided interalia, “Parties implementation and enforcement of have the sovereign right to enforce should consider implementing strict- Trade-Related Intellectual Property laws within their own jurisdiction. er domestic measures up to and in- Rights (TRIPS) Agreement, a WTO With some exceptions, the concept of cluding prohibition in trade in wild- Agreement.59 (A savings clause is the enforcement jurisdiction is territori- life species now” (see Press Release legal mechanism by which countries ally based.55 Theoretically, no interna- of CITES Secretariat, September 9, agree and ensure that a new agree-

154 The State of the Animals: 2001 ment does not supercede obligations lacks grace and long- term durability. prevented rather than controlled, under an existing international agree- The system is subject to attack pre- that conclusive proof of harm should ment, such as the WTO.60 It is the cisely because it has no moral recti- not be a prerequisite to environmen- means by which the United States tude. The original balance envisioned tal or animal welfare regulation, and and others are ensuring that MEAs do must be regained if the WTO hopes to that even limited evidence of a causal not supercede WTO rules.) retain public legitimacy. nexus between production and harm should be sufficient to justify regula- Revising the Rules tion. Production and process method Where Do We From an animal welfare perspective, (PPM) measures are often the most revision or reinterpretation of WTO effective means of preventing environ- Go From Here? rules is essential to making the glob- mental degradation and promoting The conflict between the WTO and al economy animal friendly. Of great- animal welfare. One of the main goals national and international animal pro- est concern are the issues of national of the animal protection community tection legislation is ultimately a treatment, burden of proof, the scope is to make trade rules acknowledge question of social policy and sover- of the GATT Article XX Exceptions, the value of process-related standards eignty. These concepts stand between including the chapeau (which has im- and thereby embody the precaution- the WTO and its vision of a global plications for several other agree- ary principle. economy. The thrust of this chapter ments including, the SPS Agreement, PPMs can be divided into two cate- has been to emphasize how the origi- the TBT Agreement and GATS) and gories: “product-related PPM require- nal framework of GATT trade princi- the issue of risk assessment with ments” and “non-product-related ples and exceptions envisioned the respect to the SPS Agreement. PPM requirements.” A product-relat- task of striking a balance not only be- ed PPM must be embodied in and tween trade and environment/animal National Treatment somehow alter the final characteris- protection, but between economic in- Article III of GATT provides for nation- tics of a product. An example of a tegration and sovereignty as well. That product-related PPM is the EU regu- balance has been lost as trade nego- al treatment on internal taxation and regulations, that is, all similar pro- lation requiring heat treatment of tiators push to further integrate the wood to prevent the importation and global economy, imposing free-market ducts must be treated in a like manner. For example, Article III(2) specifi- proliferation of nematodes. The heat theories and ignoring social policy. treatment alters the chemical proper- cally provides: At issue is the type of global society ties of the wood, which makes results The products of the territory of being created by the current push for of the process physically measurable global economic integration. From an any contracting party imported and detectable. animal protection perspective, cur- into the territory of any other A non-product-related PPM affects rent WTO rules create a global soci- contracting party shall not be the production or processing of the ety devoid of humane considerations, subject, directly or indirectly, to product, but it is not actually incor- where the bottom line is profit and internal taxes or other internal porated or reflected in the final prod- competition, rather than coopera- charges of any kind in excess of uct. Examples of non-product-related tion, compassion, and conservation. those applied, directly or indirect- PPMs are the EU regulation banning The former promotes over-consump- ly, to like domestic products (em- the importation of certain fur prod- tion—characterized by a need to cre- phasis added). ucts caught in steel-jaw leghold traps ate increased market access—while Dispute panels have interpreted and the U.S. law banning the impor- the latter helps encourage responsi- Article III to preclude internal regula- tation of fish caught in driftnets that ble consumerism. Economists would tions governing the production or exceed the UN standard of 2.5 kilo- argue that WTO rules form a value- processing of a product.61 From meters. neutral system. But the impact of the an environmental and animal protec- Only product-related PPMs are system belies such statements. WTO/ tion perspective, however, the way a specifically permitted under GATT64; GATT case law and practical applica- product is produced is often more non-product-related PPMs are not. tion of WTO rules reveal a global eco- important than the product itself. However, in two GATT cases, Tuna- nomic order that shuns ethical con- In the life-cycle of a product, the pro- Dolphin I and Tuna-Dolphin II, dispute cerns and brands them as “technical duction process may be where envi- panels found that non-product-related trade barriers.” The imposition of ronmental degradation or animal environmental PPMs violate GATT. In comparative advantage to social suffering occurs.62 both, the panel held that a U.S. law re- norms ensures that ethical considera- The precautionary principle, ac- stricting imports of canned yellowfin tions do not affect the marketplace in cepted at the UN Conference on Envi- tuna caught using purse-seine nets (a any meaningful way. Instead, low-cost ronment and Development and else- “process” or “production” regulation) consumerism has become the global where,63 embodies the belief that were quantitative restrictions prohib- economic mantra. It is a system that environmental degradation should be

Animal Protection in a World Dominated by the World Trade Organization 155 ited under Article IX of GATT. More- following interpretative guidance: Although it is now codified in the over, the U.S. regulation was not an (a) Discrimination: Domestic produc- DSU, this interpretation on burden of internal measure as contemplated ers should be prevented from utilizing proof is inconsistent with the frame- under Article III65 of GATT because production or process methods which work of the GATT regarding Article the U.S. law did not regulate tuna as a foreign producers are either de facto XX exceptions. First, the very purpose product. Rather, it regulated the or de jure prohibited from using if of Article XX was to countenance the method by which tuna was harvested. they want market access. kind of “adverse impacts” to which Both panels ignored the distinction (b) Assistance to developing coun- the DSU refers. Second, Article XX ex- between tuna caught by encircling tries: If developing country producers plicitly provides that except for the dolphins with purse-seine nets and are affected, sufficient financial and two safeguards built into its pream- tuna caught by other methods, be- technological assistance (including ble,69 “nothing in this Agreement” pre- cause this was a distinction based on transfer of technology) should be vents a member nation from adopting production, not the physical charac- forthcoming from the regulating or enforcing exempted measures. The teristics of the tuna. The panels con- country in order that the developing dictionary definition of “nothing” as it cluded that the U.S. law was discrimi- country producer can bring its pro- is used (as a noun) in Article XX natory because the United States duction into compliance with the means “no thing at all” or “no share, banned the import of tuna from any PPM standard. element or part.”70 In other words, for country that did not adopt a dolphin (c) Dispute panel composition: To en- conservation regime comparable to sure an accurate and comprehensive purposes of Article XX general excep- that of the United States. review of disputes involving animal tions, a dispute panel may consider Many animal welfare laws—such as protection or environmental concerns, only the safeguards in the preamble— the EU Leghold Regulation and Cos- dispute panels considering newly inter- otherwise, no dispute settlement pre- metics Testing Directive and the U.S. preted Article III defenses should sumptions, no externally imposed lim- Marine Mammal Protection Act, Wild include at least one panelist who is a itations on policy alternatives, Bird Conservation Act, Humane recognized environmental or animal nothing. As one commentator puts it, Slaughter Act, sea turtle protection welfare expert. “if the ‘nothing in this Agreement’ law, African Elephant Conservation clause in Article XX means what it Act, and High Seas Driftnet Enforce- Burden of Proof says, why are any conditions outside ment Act—incorporate non-product- As noted above, the plain language of the Preamble relevant?”71 related PPMs. Under the reasoning of GATT Article XX is that “nothing in The WTO should adopt the position both the Tuna Dolphin I and II deci- this Agreement shall be construed to that the DSU presumption that a sions, these and many other noneco- prevent the adoption or enforcement defending nation must bear the bur- nomic laws are vulnerable to a WTO by any contracting party of measures” den of proof does not apply to defens- challenge. (emphasis added)that are included in es under Article XX. To the contrary, To remedy this, the WTO Council of the list of “general” exceptions.66 the policy of deference implied by Ministers should establish an inter- Thus, Article XX preserved the histor- Article XX shifts the burden of proof pretive rule (giving as little discretion ical deference to sovereignty in the on the complaining nation, once a as possible to dispute panels or the sphere of noneconomic policy. defending nation raises an Article XX Appellate Body) that the term “like Unfortunately, GATT dispute pan- defense. product” as used in Article III, and as els have required countries defending applied to environmental and animal their laws under Article XX to carry Scope of GATT protection policy, permits differentia- the burden of proof to justify use of a Exceptions tion based on process or production trade measure to enforce a environ- Over the years, GATT dispute panels methods so long as the environmental mental objective.67 This interpreta- have narrowed the Article XX excep- and animal protection measures are tion was codified within the GATT tions. This narrowing also affects sev- not intended as disguised restrictions 1994 Dispute Settlement Under- eral other WTO Agreements, including on trade. Such types of products and standing (DSU), which provides that: the TBT Agreement, SPS Agreement, production method standards should the action is considered prima and GATS.72 As with the burden of be permissible at both the domestic facie to constitute a case of nulli- proof, the restrictive interpretations level (i.e., unilaterally) and in terms of fication or impairment. This go beyond the plain language and his- MEA enforcement. Such an interpre- means that there is normally a torical deference, which the structure tation by the Council of Ministers presumption that a breach of the of GATT provided in order that sover- would reflect the principle that envi- rules has an adverse impact on eign nations could define their own ronmentally sound “production or other Members...[and] it shall be interests regarding noneconomic mat- process” methods are an essential up to the Member against whom ters, so long as the Article XX safe- component of the precautionary ap- the complaint has been brought guards are applied. proach. The WTO should provide the to rebut the charge.68

156 The State of the Animals: 2001 Protecting Life or Health legislature must take into account.75 phytosanitary measures were clearly Article XX(b) exempts measures that If the balance between trade con- the foremost concern. However, there are “necessary to protect human, ani- cerns and deference to sovereign na- is no hint on the record that the sim- mal or plant life or health.” The gen- tions in the noneconomic realm is to plification of Article XX(b) language eral scope of this exemption is con- be preserved, any “test” regarding was anything more than a decision to strained on two fronts. The first what is “necessary” should be defined use the most general phrase possible involves interpretation of whether a from the perspective of the relevant to include the various health risks given measure is “necessary,” and the legislative body. A WTO panel does that were mentioned in predecessor second involves the meaning of “life not have the capacity to evaluate whe- documents. The movement away from or health.” ther an environmental or animal-re- detailed list-type definitions to gener- lated threat is real or significant. Fac- ic definitions is consistent with a pol- The Meaning of “Necessity”73 tors relevant to determining the icy of GATT deference to sovereign WTO Dispute panels have interpreted scope of the environmental threat articulation of policy purposes. the term “necessary” from the “trade include public interest in the per- A much broader interpretation of impact” point of view. The initial point ceived problem by constituents other Article XX(b) can be supported by of inquiry has been: What is the im- than an “affected industry,” the both the plain language of the terms pact on trade and is this impact strict- degree of public discussion about “life” and “health” as well as by the ly “necessary?” The development of available options, and limitations on drafting history of this provision. the least-trade-restrictive “test” was effective enforcement due to the Defining “life” and “health” as per- an attempt to judicially codify an eas- scope of the problem. taining only to sanitary and phytosan- ily applicable test to determine the 76 itary measures focuses the inquiry on The Meaning of “Life and Health” impact of various health and safety “impact” or harm to others (that is, measures on trade. This test, however, A dispute panel could interpret the the spread of disease). The terms ignores the deference that the struc- meaning of “life or health” as parallel “life” and “health,” however, also ture of the WTO provided to sovereign to the definition used in the SPS have meaning in the context of the Agreement, which is limited to “risks nations to define their own noneco- impact on the individual: How is the arising from the entry, establishment nomic interests. individual affected? For example, in or spread of pests, diseases, disease- Democratic legislatures are de- the human realm, human rights viola- carrying organisms, or disease-caus- signed to draft measures that balance tions could significantly affect an competing interests; the result is a ing organisms.”77 This definition, how- individual. Similarly, the conditions in politically feasible compromise. Rare- ever, excludes environmental threats a dog breeding facility could signifi- ly do consumers or affected industries to animal life or health—such as loss cantly affect the life or health of an get all they want. But WTO panels of habitat, excessive hunting, and pol- have ruled that in order for a human lution and other ecological imbalance individual dog. or animal health measure to be “nec- caused by human commerce—as well Possible Solutions essary,” a defending nation must as humane considerations. prove that it chose the least-WTO- When GATT 1947 was being drafted, As a solution, either the WTO Council inconsistent measure available based there was little discussion of the scope of Ministers or the Appellate Body upon the panel’s own speculation of Article XX(b), perhaps because it established under the DSU82 should about what the alternatives might was so similar to language in the ITO establish a new “interpretive rule” be.74 An interpretation of “necessary” Charter, the 1927 Convention, and bi- with respect to the term “necessary” that requires sovereign states to lateral treaties; it had become “boiler- as used in Article XX. The rule should choose the least-WTO-inconsistent plate,” in the words of a U.S. dele- focus on the scope of the moral, measure to qualify under Article XX gate.78 Prior to the 1927 Convention, health, or conservation problem as it exceptions denies any deference to the LoN Economic Committee recom- is perceived by the sovereign legislator national problem-solving as envi- mended a health exception that in- or regulator. Factors such as public sioned by the drafters of GATT and cluded protection from disease and interest in the issue, enforcement 79 the earlier trade agreements. This “degeneration or extinction.” This limitations, and public debate about runs counter to the deference to na- additional phrase was dropped from various policy options could be con- tional problem-solving envisioned by the text adopted by the Convention, sidered by a dispute panel to deter- but it was retained in an explanatory the drafters of GATT and the earlier mine the scope of the problem as protocol to the Convention.80 trade agreements. There is virtually perceived by the legislature. The ne- The model for this GATT exception always a less-trade-restrictive alterna- cessity to protect life or health should was established when the U.S. and tive. No WTO panel can presume to not limit WTO members to only a the- know what action is “necessary” British delegations proposed simplify- oretical measure that is least incon- based on the diverse factors that a ing the 1927 exception even further into its present form.81 Sanitary and sistent with the WTO Agreement.

Animal Protection in a World Dominated by the World Trade Organization 157 This precludes solutions that are by MEAs and sovereign states to ad- sure are not appropriate. politically or practically feasible and dress some of the most serious envi- Dispute panels should also contin- ignores the original spirit of providing ronmental problems of our time ue to apply an open analysis of whe- a general exception. (such as ozone depletion). ther a resource is exhaustible, not a Furthermore, the meaning of “life If the term “exhaustible resources” more limited definition based on pre- or health” should not be limited to is narrowed, the only alternative avail- sumed categories of what is exhaust- “sanitary or phytosanitary” concerns. able to a country whose environmen- ible and what is not. tal measure is challenged is to argue Particularly in the case of animals, life Public Morals or health is often dependent on pro- that the trade-related measure fall GATT Article XX(a) and GATS Article tecting animals from undue stress, within another exception (public XIV(a) exempt measures that are pain, loss of habitat, or other environ- morals or life/health) that has a “necessity” test. As previously noted, “necessary to protect public mental threats. A new WTO interpre- the term “necessary” has been con- morals.”86 While this is one of the tative rule should be established to strued by previous GATT panels to most relevant GATT exceptions clarify this point. require that only the least-trade- regarding animal protection, it is Conserving Exhaustible restrictive policy option be imple- mentioned last because it has not Resources mented. In either case, the balance been used before, at least in the con- envisioned in Article XX between text of a GATT challenge before a dis- Article XX(g) exempts measures GATT authority in the economic and pute panel. “relating to the conservation of ex- financial realm and sovereign author- Like Article XX(b), XX(a) requires haustible natural resources if such ity in the noneconomic realm will be a measure to be “necessary” to measures are made effective in con- eviscerated. accomplish its purpose. The previous junction with restrictions on domes- The question of whether a resource comments regarding the term “nec- tic production or consumption.” is exhaustible is a factual one that is essary” in the context of Article GATT panels have interpreted broad not limited by whether a resource can XX(b) are equally applicable here. terms like “relating to” conservation renew itself. Obviously, species can The difference between the two ex- and “in conjunction with” domestic die to the point of extinction. While ceptions is that articulation of public restrictions very narrowly. The plain the ecosystem of trees and oceans morals by policymakers is an inher- meaning of “relating to” would sug- renews the atmosphere, a significant ently subjective task, much more so gest that either a direct or indirect change through global warming or that determining whether there is a causal link between the perceived ozone depletion can exhaust the spe- threat to life or health. Therefore, the harm and the chosen mode of regula- cific balance that makes the atmos- legislative determination of whether a tion would suffice. Past GATT panels, phere a life-supporting resource. measure is “necessary” to serve a sub- however, have interpreted the term, While rivers renew their own purity, jective purpose can be likewise more “relating to,” to mean “primarily pollution can overwhelm their re- of a subjective judgment. aimed at,” which in turn has been storative powers. The history of debate from the interpreted to require a direct causal In this case, dispute panels have 1927 Convention through the adop- link between the asserted policy goal recognized that not just minerals but tion of GATT 1947 confirms a com- and the means chosen to attain the also animals, plants, and ecosystems mon sense understanding that the goal.83 This narrow interpretation has can be exhausted.85 The risk is that scope of the public morals exception permitted panels to substitute their without interpretive guidance from is broader than the other exceptions subjective judgment regarding what the Council of Ministers, future pan- and that nation-states were allowed constitutes “effective policy” for that els will not continue to give deference to determine public morals within the of sovereign legislators, which contra- to member-nations’ assessment of context of their own culture. venes the purpose of the Article XX whether a resource is exhaustible. The history of trade agreements exceptions. The WTO should require that dis- since the League of Nations shows Another way of limiting the appli- pute panels respect the plain mean- that protecting public morals has cation of this exemption is to narrow ing of the term “relating to conserva- been a constant concern and that lan- the substantive scope of what is tion,” which could include trade- guage has gradually evolved from spe- “exhaustible.” Some analysts have related environmental measures that cific to more generic terms. As noted suggested that “exhaustible re- either directly or indirectly achieve above, Article XX(a) of GATT 1947 sources” include only minerals that the stated environmental objective. had two predecessor documents, are available in finite quantities.84 Alternate tests (such as “primarily which never took effect. The first was However, within the constraints of aimed at”) that rely on the subjective article 4(2) of the 1927 Convention. such a standard, the WTO precludes judgment of a dispute panel regard- The second was article 45(1)(a)(I) of the use of an environmental excep- ing the underlying economic impact the initial proposals for the ITO Char- tion to safeguard creative responses of a trade-related environmental mea- ter, which was sponsored by commit-

158 The State of the Animals: 2001 tees of the United Nations. a sanitary or phytosanitary issue, as will likely increase public ire about The 1927 Convention exempted they do today. trade agreements. It would seem pru- “prohibitions or restrictions imposed The morals exception within the dent, therefore, for the WTO to ad- on moral or humanitarian grounds.”87 ITO Charter was initially proposed by dress the issue of how Article XX(a) Like the other exceptions in Article 4, the United States as part of its com- applies to trade-related animal pro- the Economic Committee reported prehensive charter proposal. The protection measures and provide inter- that moral prohibitions or restric- posed exception covered measures pretive guidance to ensure that dis- tions on trade were “outside the “necessary to protect public mor- pute resolution panels afford the scope” of the Convention.88 The dele- als,”94 which is the same language as appropriate deference to sovereignty gates frequently asked whether par- Article XX(a) of GATT 1947. When that the drafters of GATT envisioned ticular laws of interest would be cov- compared to its predecessor langu- under the Article XX exceptions. ered by the proposed general age from article 4(2) of the 1927 As in the case of life or health, the language. Examples of morally based Convention, “moral or humanitarian phrase “necessary to protect public trade restrictions included prohibi- grounds,” the ITO proposal carried on morality” should be interpreted to in- tions on obscene materials (Ire- the trend toward ever more general clude solutions that are practical and land)89 and prohibitions on lotteries language. politically feasible, which would pre- (Egypt).90 The 1927 Conference There was literally no comment on serve the original spirit of providing a ended with a morals exception close the general exceptions recommended general exception. to what the Economic Committee ori- by the United States within the first Public morals are defined by each ginally recommended, except that ITO report (the London confer- respective nation based on its unique the language on morals became even ence).95 Nor was there further com- cultural, ethical, or religious norms. more general. ment on the “public morals” excep- A generic deference to national deter- As drafted by the Economic Com- tion in later reports. It is clear that mination of public morals clearly in- mittee of the 1927 Convention, the the drafters of GATT 1947 began cludes protection of animals, among morals exception covered trade re- their work with the pre-1947 ITO other values of respect for life. strictions for “moral or humanitarian Charter drafts, which were based on reasons or for the suppression of the original U.S. proposal.96 Arbitrary improper traffic, provided that the Without any further insight into or Unjustifiable manufacture of and trade in the goods the internal U.S. rationale for adopt- Discrimination or to which the prohibitions relate are ing “public morals” rather than its a Disguised Restriction98 also prohibited or restricted in the inte- older 1927 cousin, “moral and hu- The Appellate Body in both Reformu- rior of the country” (emphasis add- manitarian grounds,” the most likely lated Gasoline AB and Shrimp-Turtle ed).91 The Conference shortened the explanation remains the preference AB employed a type of least-trade- entire section to read, “moral or hu- for using general terms rather than restrictive test in analyzing the mean- manitarian grounds.”92 While there specific examples.97 For example, ing of the chapeau to Article XX. In so was no comment on why the Confer- “humanitarian” concerns would be a doing, it substituted its judgment for ence moved to shorten the section, type of “public morals,” and therefore that of domestic environmental poli- its action was consistent with the po- the broader term,“public morals,” is cymakers by determining that, from a licies of (1) using the most generic all that is necessary. conservation perspective, nontrade- language, and (2) using the safe- The issue of whether trade-related related alternatives were available to guards in the preamble to protect environmental or animal protection achieve the conservation goals in against discrimination or disguised measures are protected by Article question. It also made the language trade barriers. XX(a) is more than simply a theoreti- of the chapeau nearly equivalent to Apart from the generic exception cal question. Many of the highly po- the WTO interpretative meaning of debate, there was no further discus- liticized trade challenges that have the word “necessary,” thus obfuscat- sion of whether animal or environ- occurred, or are likely to occur in the ing the meaning of particular words. mental protection would be consid- near future, are animal related. It was The result is an overall presumption ered a moral exception to trade rules. the infamous tuna-dolphin dispute that trade will always preempt social However, it is worth noting that dur- that first alerted broad sectors of the concerns. ing the same period, another branch international public to the limits on In order to remedy this problem, of the League of Nations was negoti- law-making authority posed by trade the WTO Council of Ministers should ating a convention that included a agreements. Policies affecting sea tur- instruct the Appellate Body to take clause to prevent unnecessary suffer- tles (as symbolized in 1999 by the heed of Article 31 of the Vienna Con- ing of animals during transport.93 widely photographed costumed demon- vention of the Law of Treaties, which This suggests that in 1927 interna- strators) became synonymous with the provides: “A treaty shall be interpret- tional institutions recognized animal WTO Seattle Ministerial. ed in good faith in accordance with protection as both a moral issue and Trade conflicts involving animals the ordinary meaning to be given to

Animal Protection in a World Dominated by the World Trade Organization 159 the terms of the treaty in their con- the European Union had conducted a least some quantifiable amount) of text and in the light of its object and risk assessment,102 it said that the empirical evidence. The die-off of the purpose.” The ordinary meaning of European Union nonetheless provid- Monarch butterflies is an example of the word “arbitrary,” as defined in ed no evidence that it had taken such harm that can only be quantified after The American Heritage Dictionary of assessments into account in enacting severe harm has occurred.108 The in- English Language, is: “determined by the measure in question.103 The panel troduction of a foreign invasive spe- chance, whim or impulse, and not by also determined that application of cies is another example where empir- necessity, reason, or principle,” while the precautionary principle did not ical evidence is often gathered after the meaning of “unjustifiable” is: override the explicit wording of Arti- harm has occurred. For an SPS Agree- “impossible to excuse, pardon, or jus- cles 5.1 and 5.2 and that the precau- ment to effectively protect animals tify.” Application of the chapeau (or tionary principle had been incorporat- from harm (rather than simply to en- in the case of other WTO Agree- ed in inter alia Article 5.7.104 sure that no barriers to trade occur) ments, where similar language is Furthermore, according to the panel, the WTO Council of Ministers or the used) should be limited to an inquiry none of the scientific evidence pre- Appellate Body must apply the pre- of whether the relevant policymakers sented by the European Union specifi- cautionary principle are part of cus- had a rationale, unrelated to trade, cally addressed the identifiable risk tomary international law.109 This will for choosing the policy mechanism in arising to human health from the hor- safeguard actions taken when no ef- dispute. If there is a non-trade ratio- mones in question if so-called “good fective risk assessment can be con- nale, regardless of whether a universe practice” was followed. Because of ducted before harm occurs. of other possible alternatives exist, these and other reasons, the panel the law or regulation in question found that the EU hormone ban was should, as a matter of law, meet the not based on a risk assessment as Conclusion requirements of the chapeau. Appli- required by Article 5.1 of the SPS and, The WTO, with its eighteen global cation of any other rule results in an in addition, the ban resulted in dis- trade agreements including the GATT, infringement by trade experts on non- crimination or a disguised restriction represents a vision of global economic trade policy objectives and domestic on international trade and therefore reform. It also represents fifty years of legislative authority. was inconsistent with Article 5.5. work by multinational corporations, The Appellate Body agreed with the which now represent a powerful con- Risk Assessment Under panel that the precautionary principle stituency for the WTO as a top-down the SPS Agreement does not override the provisions of the instrument to promote the supremacy By its terms the SPS Agreement specif- SPS Agreement. It reversed the pan- of trade rules over nontrade objectives ically applies to risks to animals result- el’s decision, however, with respect to such as animal welfare. ing from disease, contaminants, tox- Article 5.2 and whether the SPS The animal welfare movement and ins, additives, and a host of other required a measure to be “based on” a the broader environmental movement harms.99 It applies both to risks to risk assessment. The Appellate Body are no less a vision of global reform. humans arising from contaminants found that as long as the measure is The evolution of well over one hun- from animal food sources and to direct reasonably supported by the conclu- dred MEAs represents a bottom-up harm to animals. Thus, the SPS Agree- sions of a risk assessment, no proof process of multilateral cooperation. that the measure was based on that This progress is now at risk because ment is very important from an animal 105 welfare perspective. Despite this, there assessment is necessary, nor does a the WTO agreements threaten to have been no animal cases arising particular risk assessment need to re- stunt the further evolution of viable flect a “majority” scientific view- enforcement mechanisms for MEAs. under the SPS Agreement. Although 106 the Beef Hormone100 case involved point. The Appellate Body nonethe- The trade agreements pose an even questions of human health rather than less held that the EU measure was not greater threat to domestic trade mea- animal harm, the case is instructive of consistent with the SPS because, sures that protect animals and the how a panel would treat the issue of among other reasons, the evidence environment. risk assessment should a case arise in presented concluded that there was The failure of the WTO, and before the context of animal life or health. little risk so long as “good practice” it the GATT, to defer to nontrade poli- In Beef Hormone the dispute panel was followed and the EU presented no cies is a threat to the bottom-up pro- evidence regarding the risk resulting cess of developing a global economy found that Article 2.2 of the SPS 107 Agreement required that risk assess- from nonconformity. that is humane and environmentally ments specifically be based on scien- There are many potential harms to sustainable, not merely efficient and tific principles and that SPS measures animals for which no risk assessment profitable. We have stressed that this could not be maintained without suf- could be conducted before severe democratic deficit on the part of ficient scientific evidence.101 Al- harm occurred. Risk assessments are trade institutions is not only a threat though the panel determined that based on scientific evidence which it- to animal welfare and other non-trade self is typically based on years (or at objectives; ultimately, it also risks the 160 The State of the Animals: 2001 sustainability of the trade institutions 3BBC News. World trade talks collapse, congenital diseases, many of which were not December 4, 1999 (online news service at detectable until sometime during the first year of themselves. This argument is based http://news.bbc.co.uk/hi/english/business/newsid the dogs’ lives. In response to these proposed on political reality. _549000/549439.stm); Environmental News Ser- regulations, the United States threatened to take A nationwide study of public atti- vice. WTO talks fail to launch new trade round, action against Canada under the Canadian/U.S. December 4, 1999 (online news service at Free Trade Agreement (FTA), even though the tudes toward trade reveals that 62 http://ens.lycos.com/ens/dec99/1999l-12-04- trade value of the dogs in question was a mere few percent of the American people are 01.html). (“After a week of meetings marked by million dollars. See, 1993 National Trade Esti- comfortable with the pace of trade li- protest marches and demonstrations against the mate Report on Foreign Trade Barriers, Office of 110 WTO environmental and labor policies…the trade the United States Trade Representative at 34. As beralization. But in even stronger officials were not able to agree on an agenda for a result, Canada revoked its proposed law. numbers, Americans believe that en- future talks.”); Pigott, R. 1999. WTO tarnished by 9In response to public demand, EU legislation vironmental problems are global in Seattle failure, BBC News, December 4, 1999, was adopted in 1993 to prevent the use of animals (online news service at http:// news.bbc. in cosmetics testing beginning in 1998. (Anony- nature (78 percent) and that there co.uk/hi/english/special_report/1999/11/99bat- mous. Council Directive 93/35 EEC—amending should be more international agree- tle_for_free_trad.../549794.st).(“After such a pub- for the sixth time Directive 76/768EEC on the ments on environmental standards lic relations disaster on the streets, failure in the approximation of the laws of the Member States 111 talks as well, seemed unthinkable.”) relating to cosmetic products, Official Journal of (77 percent). Three-quarters of the 4On December 1, 1999, several new stations the European Communities L151/32–36 1993.) American people support the proposi- covered the environmental/labor march and However, because the Directive was based on a tion: “Countries should be able to re- protest, including Fox News, ABC, NBC, North- trade-related measure (a non-product-related west News, and CNN. PPM), the measure was thought to be incompati- strict the imports of products if they 5See, The Washington Times, editorial cartoon, ble with WTO rules and therefore, it was never are produced in a way that damages December 1, 1999, page A16. (Protest signs read implemented. Anonymous. Report on the develop- the environment, because protecting save the cockroach; save the snail darter; free ment, validation and legal acceptance of alterna- trade=dead sea turtles.) tive methods to animal experiments in the field of the environment is at least as impor- 6See, WTO, United States—Import Prohibition cosmetics, COM(97) 182 finals, European Com- tant as trade.”112 But even more spe- of Certain Shrimp and Shrimp Products mission, Brussels 1997. cifically, 72 percent of Americans fa- (WT/DS58/R), Final Report, May 15, 1998, 10In 1991 the European Union enacted a law (“Shrimp I”) at para 9.1. (“WTO Members are prohibiting the sale and importation of fur pelts vor restricting the importation of bound to implement [environmental] objectives caught with steel-jaw leghold traps, as of 1995. tuna from Mexico because the fishing in such a way that is consistent with their WTO Because of the difficulty in determining the dif- methods kill dolphins, and 63 percent obligations, not depriving the WTO Agreement of ference between fur pelts caught with this its object and purpose.”) The United States method and one that is more humane, the Direc- favor restricting the importation of appealed this ruling. The WTO Appellate Body tive provided that furs from countries that do not shrimp from both India and Pakistan reversed the reasoning of the lower panel but ban the use of steel-jaw leghold traps or meet because the fishing methods kill sea reaffirmed the decision. WTO, United States— other humane trapping standards are banned 113 Import Prohibition of Certain Shrimp and Shrimp from the European Union. The United States, turtles. In short, the diverse inter- Products (WT/DS58/AB/R), Report of the Appel- Russia, and Canada threatened to challenge the ests at the Seattle Ministerial express- late Body, October 12, 1998, (“Shrimp- Turtle European Union at the WTO if it implemented ing resistance to trade rules were not AB”) at para 187. this law. The WTO threat succeeded in halting 7In 1988 the United States, pursuant to the the EU humane policy. The outcome allows fur a fringe movement, as trade promot- MMPA, embargoed tuna caught in purse-seine caught with steel-jaw leghold traps to continue to ers have argued, but a reflection of nets from countries whose fishers killed dolphins be sold in Europe, providing no incentive for the public opinion on a massive scale. in a number in excess of 125 percent of the dol- U.S. fur industry to switch to less cruel tech- phins killed by U.S. fishers. For reasons unknown, niques. The American people know that yellowfin tuna congregate under schools of dol- 11In 1988, the European Union banned the they can enjoy the benefits of free phin and follow the schools. Fishers chase and sale of beef from cattle treated with artificial hor- trade without sacrificing their hu- capture the dolphins in order to harvest the tuna mones. The ban applies equally to domestic and swimming below. It is estimated that hundreds of foreign-source beef. See, European Economic mane and environmental values. If thousands of dolphins have been killed in this Council Directive 88/146/EEC. Exposure to arti- trade institutions, including the trade fishery. Nafziger, J.A.R., and J T. Armstrong. ficial hormones has been linked to cancer and representatives of the United States, 1977. The porpoise-tuna controversy: Manage- premature pubescence in girls (Bulger and ment of marine resources after Committee for Kupfer. 1985. Estrogenic activity of pesticides persist in promoting trade supremacy Humane Legislation, Inc. v. Richardson, 7 Envi- and other xenobiotics on the uterus and male over the nontrade values that define ronmental Law 223, 227–29. The Department of reproductive tract. In Endocrine technology, eds. our democratic society, then those in- Commerce estimates that 529,000 dolphins were J.A. Thomas, et al., at 1–33.), although the risk to killed as a direct result of international fishers humans of artificial hormone residues in meat is stitutions are the ones at risk of be- using purse-seine netting techniques. On August uncertain. On the basis of the unknown risk and coming endangered species. 16, 1991, the U.S. embargo placed on the impor- consumer demand, the European Union adopted tation of yellowfin tuna from Mexico was found to a “zero risk” standard. The European Union made be in violation of the GATT. See, United States— this policy choice after prolonged and effective Notes Restrictions on Imports of Tuna (unpublished policy campaigns in numerous EU member coun- decision), GATT Doc. DS21/R (September 3, tries. 1Mattingly, J. W. 1987. In The cancer cure that 1991) (“Tuna-Dolphin I”). Two years later, a sec- In 1996 the United States challenged the ban worked: Fifty years of suppression, ed. B. Lynes. ond case was brought by the European Union, at the WTO. In 1998 a WTO panel ruled that the Mexico: Marcus Books. among others, and again a GATT dispute panel beef hormone ban was an illegal measure under 2Anonymous. 1999. Thousands protest meet- ruled against the United States. See, United the SPS in part because it was not based on a ing of WTO. The Washington Times, Dec. 1, 1999; States—Restrictions on Imports of Tuna (unpub- WTO-approved risk assessment. See, WTO, Euro- BBC News. 1999. Anti-WTO protesters claim vic- lished decision), GATT Doc DS29/R (June 23, pean Communities—Measures Affecting Meat tory, December 1, 1999, at A1, column 2. (“Pro- 1994) (“Tuna-Dolphin II”). and Meat Products (Hormones) (WT/ DS26R), testers from all walks of life—among them envi- 8In 1992 Canada proposed regulations that Report of the Panel, Aug. 8, 1977, at para. 8.159. ronmentalist, anarchists, union members, and would ban the importation and sale of dogs bred The WTO Appellate Body affirmed the panel deci- lobbyists from non-governmental organisations— in substandard facilities (commonly known as sion, and the European Union was ordered to took to the streets over the past week to make “puppy mills”). Studies showed that puppy mill begin imports of U.S. artificial- hormone-treated their concerns heard.”) dogs had higher incidences of contagious and beef by May 13, 1999. See, WTO, EU communi-

Animal Protection in a World Dominated by the World Trade Organization 161 ties—Measures Affecting Meat and Meat Products 226–22M (West 1998 Supp.) prohibiting compa- gether from the Convention.” International Con- (Hormones) (WT/DS26AB), Report of the Appel- nies that do business with Burma from doing ference for the Abolition of Import and Export Pro- late Body, April 16, 1998. business with the Massachusetts government (See hibitions and Restrictions, Proceedings of the Con- 12See, Shrimp I supra at 6. The dispute panel Crosby v. National Foreign Trade Council, 530 ference [1927 Convention], Minutes of held: “[T]he chapeau Article XX, interpreted U.S. ___, 120 S.Ct. 2288; 147 L.Ed.2d 352; 68 Preliminary Meetings [Minutes], A.559. within its context and in the light of the object USLW 4545 (2000)). M.201.1927.II[B] (October 17—November 8, and purpose of GATT and the WTO Agreement, 16See, Canadian puppy example, note 8 supra. 1927), 228. only allow Members to derogate from GATT pro- 17In connection with the shrimp-turtle case, 33Comment by Mr. Ito (Japan). 1927 Conven- visions as long as, in doing so, they do not under- the Thai WTO ambassador admitted that the cost tion—Minutes, 84. mine the WTO multilateral trading system.” Id at of conversion to TEDs (turtle-excluded devices) 341927 Convention—Minutes. Examples of para.7.45. Although, the Appellate Panel specifi- was minimal and that all Thai boats had been con- quasi-economic concerns included grading stan- cally reversed this finding and the interpretive verted in a few months, but that it was the prin- dards (United States, 82 and 86), import/export analysis embodied therein, see, Shrimp-Turtle AB, ciple of using trade measures to protect animals restrictions (India, 87), stabilization of currency supra at 6, para 122, it nonetheless held that the and the environment that the Thai government (Greece, 83), and marks of origin (Britain, 80). U.S. law did not meet the requirements of the opposed. EURONEWS. 1997. Trade and environ- 35Examples of noneconomic concerns includ- chapeau as the measure in question was both ment: Preserving biodiversity and health. Broad- ed prohibitions on obscene materials (Ireland, unjustifiable and arbitrary discrimination cast by EURONEWS in Correspondent, May/June, 108) and lottery tickets (Egypt, 110). Minutes of between countries where the same conditions 1997. Plenary Meetings, 1927 Convention, at respective prevail. Id. at para 184. In other words, while 18Snape, W.J., III, and N.B. Lefkowitz. 1994. page cites above. using different reasoning, the Appellate Body Searching for GATT’s environmental Miranda: 36The Austrian delegate said that “…the soon- came to the same result. Are “process standards” getting “due process.” er the skeletons were got rid of the better…The 13While some GATT/WTO panels, including 27 Cornell International Law Journal 77 at 781. danger was that, by discussing general formulas, the Appellate Body in Shrimp-Turtle AB, have held 19This is otherwise known as a “production or the Conference might adopt exceptions more that countries may pursue a high level of envi- process method” (PPM). According to previous general than was desired, and therefore it must ronmental protection consistent with the WTO, GATT panels, PPMs are not covered by Article III, ascertain which were the points on which restric- in actuality this has not been the case. Although nor have past GATT panels determined that envi- tions were necessary and leave for later discus- few would deny that a country has the sovereign ronmental PPM measures are protected by the sion the way in which those restrictions could be right to establish its own environmental policies, exceptions set forth in Article XX. See, Tuna- Dol- expressed. The formulas finally adopted should be to date, GATT/WTO jurisprudence has limited phin I and Tuna-Dolphin II. made as light as possible on account of the the range of enforcement mechanisms a country 20Belgian Family Allowances, GATT BISD unavoidable exceptions which it was impossible may use to ensure that the policy is implemented. 1S/59 (Nov. 1952). to remove at present.” 1927 Convention—Min- For instance, in Tuna-Dolphin I and Tuna-Dolphin 21GATT BISD 1S/59, 1st Supp. (1953). utes, 87. II supra., the U.S. policy (as established in the 22Id. 37Comment by Sir Sidney Chapman. 1927 of MMPA) was to reduce to zero mortality the num- 23GATT BISD 36S/345 (November 1989). Plenary Meetings, 1927 Convention, 84. ber of marine mammals killed as a result of the 24Id. at para. 5.13. 38Economic Committee, 7th Session Report, 27. commercial tuna fishery. In Tuna-Dolphin II it was 25Dunne, N. 1992. Fears over “Gattzilla the 39Economic Committee, Report of the Eco- the means by which the United States pursed this trade monster.” Financial Times Jan. 30, 1992, 3. nomic Committee to the Council, 15th Session, 26 goal (that is, trade measures) rather than the Furthermore, Article 2.2 of the TBT provides C.309(I)M.114.1925.II[B] (May 25–June 3, goal itself, that the panel found objectionable. that “technical regulations shall not be more 1927), 309. [15th Session Report] See, Tuna-Dolphin II supra. note 7, at para 5.27. trade-restrictive than necessary to fulfill a legiti- 40Comments by Mr. Gangudi (India), Minutes Similarly, in Shrimp-Turtle AB it was means of mate objective, taking into account the risks non- of the Preparatory Committee of the International protection rather than the goal itself (protecting fulfillment would create. Such legitimate objec- Conference on Trade and Employment [Preparato- sea turtles) which the Appellate Body found ran tives are, inter alia...protection of human health ry Committee II Minutes] (November 13, 1946), 5. afoul of WTO rules. No GATT or WTO panel has or safety, animal or plant life or health, or the 41Comments by Mr. Roux (France) and Mr. ever found that application of trade measures to environment.” Rhydderch (United Kingdom), Preparatory Com- 27 protect animals or the environment are consis- Article 2.1. provides further that “Members mittee II Minutes, 3 and 7. tent with GATT/WTO obligations. But a policy have the right to take sanitary and phytosantiary 42Proposal by Mr. Rhydderch (United King- can only be successful as long as it can be measures necessary for the protection of human, dom), Preparatory Committee II Minutes, 7. enforced. When cooperation and persuasion fail, animal or plant life or health, provided that such 43UN Docs. E/PC/T/C.II/32, ll and E/PC/ short of establishing international police powers measures are not inconsistent with the provisions T/C.II/50, 3–7. of this Agreement.” 44See, the Preambles Contained in the Agree- or the naked use of violence by countries (such as 28 sinking vessels), there is no effective internation- GATT art. XX. See, Charnovitz, S. 1992. The ment Establishing the WTO, The SPS Agreement, al means of enforcing environmental policy other environmental exceptions in GATT Article XX, the TBT Agreement, Article XX of the GATT, and Journal of World Trade, 49. Article XIV of the GATS. than through the use of trade measures. See, 29 Jenkins, L., Using trade measures to protect bio- Because the language in the chapeau and 45See, Tuna-Dolphin I and Tuna-Dolphin II at diversity. In Biodiversity and the law, ed. W. various sections of Article XX is virtually identical note 7 supra. Snape. Washington, D.C.: Island Press. to that found in the newer WTO Agreements, the 46See, United States—Standards for Reformulated GATT 1947 legislative history and case law is 14Dispute Panel rulings under GATT could be and Conventional Gasoline (WT/DS2/R), Report of illustrative of the meaning and purpose of the vetoed by a single GATT Member, including by the Panel, January 26, 1996 (“Reformulated Gas”); social provisions in those Agreements as well. the Member against whom the ruling was made. Thailand—Restrictions on Importation of and Inter- 30Economic Committee, Report Submitted to The Uruguay Round Agreement on dispute set- nal Taxes on Cigarettes, GATT Doc. DS10/R, BISD the Seventh Session of the Assembly, A.55, tlement, adopted in 1994, provides for automatic 37S/200 (Nov. 7, 1990) (Thai Cigarettes). 1926.II[B] (September 13, 1926) 21. [Economic acceptance of a dispute panel ruling by the WTO 47See, e.g., In the Matter of Lobsters from Committee—7th Session Report] Council within sixty days unless there is a con- Canada, Panel No USA 89-1897-01, U.S.— Cana- 31Preliminary Draft Agreement Established by sensus within the Council to reject it. See, Article da Free Trade Agreement (FTA), Binational Panel the Economic Committee, 228. [Economic Com- 16.4 of the DSU. Review. At issue in this case was the application of 15 mittee, Preliminary Draft.] GATT Article XX(g), not (b), yet the panel’s rea- Numerous social initiatives were challenged 32The Indian delegate said that “…the Gov- during the 1990s, including an EU policy to give soning is instructive. The United States had ernment of a country was the only possible adopted a conservation measure prohibiting the preferential treatment to banana farmers in for- arbiter of the necessity for restrictions and that it mer colonies in Africa and the Caribbean (See, sale of undersized lobsters. Size in lobsters is could not afford to surrender the responsibilities related to maturation, and both U.S. and Canadi- e.g., European Communities—Regime for the placed upon it and submit the case to any foreign Importation, Sale and Distribution of Bananas— an scientists believed that harvesting undersized or extraneous body…[T]he Indian Govern- lobsters had contributed to the fishery’s rapid Recourse to Arbitration by the European Commu- ment.…would prefer to see all measures connect- nities Under Article 22.6 of the DSU, decline. Despite this, the FTA panel ruled that the ed with prohibitions relating to national security, measure in question was not primarily aimed at WT/DS27/ARB, April 9); and a Massachusetts revenue, finance, health or morals removed alto- state law (Mass. Gen.L.A. ch. 7. Sections conservation (and thus not safeguarded by GATT

162 The State of the Animals: 2001 Article XX(g)). The panel’s reasoning was based ers it is the inevitable solution to over-fishing. that the agreement negotiated later in time pre- on the fact that it could not determine that con- Those to whom it is a hardship may balk at strong vails. Because these new MEAs are being negoti- servation was the only objective of the measure international regulation, even though such regu- ated subsequent to the WTO Agreements, gov- and further, that the United States engaged in lation is in the long-term interest of all countries. ernments like the United States are taking only a limited discussion of possible alternative (In this regard, in preparation for the 1999 Min- precautions to ensure that the new MEA provi- solutions. According to the panel, the United isterial Conference, seven countries, including sions do not trump WTO rules. Specifically, Arti- States did not address the reasons for which its the United States, submitted a paper to the WTO cle 30 provides: conservation objectives could not be met by spe- regarding the elimination of fishing subsidies. …2. When a treaty specifies that it is subject cial marking of Canadian small lobsters (which WT/GC/W/XXX, July 30, 1999 [99-2779] Despite to, or that it is not considered as incompatible apparently reached maturation before U.S. lob- clear evidence regarding the harm of over-fishing, with, an earlier or later treaty, the provisions of sters). Of course, the reason the United States discussions regarding the elimination of fishing that other treaty prevail. eventually banned all undersized lobsters (origi- subsidies has been met with hostility by many 3. When all the parties to the earlier treaty are nally it had allowed the sale of Canadian under- countries, including Japan and the European parties also to the later treaty…the earlier treaty sized lobsters with proof of Canadian origin) was Union.) Consensus in such circumstance may applies only to the extent that its provisions are because it was very difficult to enforce anything result in weak international solutions that do not compatible with those of the later treaty. other than a total ban on the sale of small-sized adequately resolve the harm at hand. 4. When the parties to the later treaty do not lobsters, and there was evidence that rampant 54Examples of MEA organizations include the include all the parties to the earlier one:…b) as cheating had been occurring under the original International Whaling Commission, the Inter- between a State party to both treaties and a State measure. See, id. at para. 9.5.1–9.8. American Tropical Tuna Commission, and CITES. party to only one of the treaties, the treaty to 48In Tuna-Dolphin II, the GATT panel rea- 55See, Jenkins, L. 1993. Trade sanctions: An which both States are parties governs their mutu- soned that only if other governments changed effective enforcement tool. 2 Review of European al rights and obligations. their policies would U.S. conservation objectives Community & Environmental Law [Trade Sanc- 61See, Tuna-Dolphin I and Tuna-Dolphin II. be met. tions] 362. 62For instance, in the case of tuna caught by 49The Appellate Body in both Reformulated 56There are three animal/environmental- killing dolphins, the issue is not that the tuna Gasoline AB and Shrimp-Turtle AB determined related treaties that use or have recommended cans contain dolphin meat; rather, in harvesting that there were alternative means available to the use of trade measures. The International tuna, dolphins are killed. The encircling and net- achieve the conservation goal in question and Commission for the Conservation of Atlantic ting of dolphins and tuna is part of the produc- that therefore the chosen measure was either an Tunas (ICCAT) adopted a provision that allows for tion process rather than the end-product of arbitrary and unjustifiable or a disguised restric- trade sanctions to be taken against non-ICCAT canned tuna. tion on trade. The effect of these rulings is no dif- members who refuse to cooperate with the com- 63The most recent endorsements of the prin- ferent than if a least-trade-restrictive test had mission’s conservation program for bluefin tuna ciple include the 1987 Second International Con- been employed. See, note 46 supra and discussion and swordfish. See, Resolution adopted by the ference on the Protection of the North Sea, the of “necessity” infra. Commission at its Ninth Special Meeting 1990 Bergen Ministerial Declaration, the 1990 50The United States argued that there was no (Madrid, November-December 1994). Report for Ministerial Declaration on Environmentally viable alternative (from an enforcement point of Biennial Period, 194–95, Part 1. Sound and Sustainable Development in Asia and view) to the measure in question. Though clearly Similarly, the Montreal Protocol on Substances the Pacific, and the 1991 meeting of the United not experts in air quality control, the Appellate that Deplete the Ozone Layer (the “Protocol”) Nations Environmental Program (UNEP) Govern- Body nonetheless felt it appropriate to determine regulates trade in chlorofluorocarbons, carbon ing Council. See Naomi Roth-Arriaza, Precaution that alternative measures were viable. See, Refor- tetrachloride, and trichloromethane but provides and the ‘greening’ of international trade law, 7 mulated Gasoline at paras. 4.10–4.17. for the use of trade measures only against non- Journal of Environmental Law and Litigation, 51In this case, the Appellate Body found that complying non-parties. See, Art 4. para. 4 of the 60–63 (1992). the United States 1) had failed to try to negotiate Protocol which provides that “the parties shall 64The TBT was amended in the Uruguay an international agreement to protect sea turtles determine the feasibility of banning or restrict- Round Negotiations and now provides that the from the complaining countries; 2) had discrimi- ing, from States not a party to this Protocol, the terms “standard” and “technical regulations” nated in its efforts to transfer technology; and 3) import of products produced with, but not con- include product-related processes and production had established no procedure for review of, or taining, controlled substances.” methods. appeal from , a denial of an application, as well as 57See, note 56 supra. 65Article III, para. 1 recognizes the validity of other basic elements of due process. Therefore, 58See, e.g., statement of Sir Leon Brittan, vice “internal taxes and other internal charges and the measure in question did not pass the require- president of the European Commission, con- laws, regulations and requirements affecting the ments set forth in the chapeau. Shrimp-Turtle AB tained in Policing the Global Economy, Proceed- internal sale, offering for sale, purchase, trans- at paras. 171, 175, and 180–184. ings of the International Conference organized by portation, distribution, or use of products” so 52See, e.g., Shrimp I, note 6 supra. at para. the Bellerive Foundation and GLOBE Interna- long as the measure in question is not applied to 7.50. (“We are of the view that these treaties tional, Geneva, March 1998, at 37. (“My view is imported or domestic products “so as to afford show that environmental protection through clear: where there is an MEA which commands protection to domestic production.” international agreement—as opposed to unilater- wide support among WTO members, we need to 66GATT art. XX. al measures—have for a long time been a recog- be more confident than at present that WTO 67See Tuna-Dolphin I; Tuna-Dolphin II; and nized course of action for environmental protec- trade rules do accommodate the aims of the par- Eurocars. tion.…We are not dealing with measures taken by ties to the MEA, and therefore allow trade mea- 68DSU art. 3.8. the United States in application of an agreement sures to be taken under such an MEA. WTO rules 69These include the requirements that “mea- to which it is a party, as the United States does should not be capable of being used to frustrate sures are not applied in a manner which would not claim that it is allowed or required by any the objective on an MEA.”) constitute (1) a means of arbitrary or unjustifi- international agreement [sic] to impose an 59The Biosafety Agreement Preamble provides able discrimination between countries where the import ban on shrimp in order to protect sea tur- in relevant part: same conditions prevail, or (2) a disguised tles.”) See also, Tuna-Dolphin I, note 7 supra. at Recognizing that trade and environment restriction on international trade...” GATT 1947 para 5.24 (“[T]he import prohibition imposed by agreements should be mutually supportive with a art. XX (preamble). the United States was not necessary because view to achieving sustainable development, 70Webster’s Third New International Dictio- alternative means consistent with the General Emphasizing that this Protocol shall not be nary, unabridged. 1971. 1544. Agreement were available to it to protect dolphin interpreted as implying a change in the rights 71Charnovitz, S. 1992. The environmental lives or health, namely international co-operation and obligations of a Party under any existing exceptions in GATT Article XX, Journal of World between the countries concerned.”) international agreements, Trade, 49. 53A requirement of consensus can lead to Understanding that the above recital is not 72To date, there has been no direct challenge downward harmonization to the least common intended to subordinate this Protocol to other under either GATS or the TBT Agreement. The denominator. Invariably, there are environmental international agreements. Article XX case law, therefore, is illustrative of how and animal problems that affect countries differ- 60Article 30 of the Vienna Convention on the a Dispute panel would interpret similar language ently. For example, to some, the elimination of Law of Treaties provides a procedure for resolving contained in GATS and the TBT Agreement. fishing subsidies may be a hardship, while to oth- conflicts between treaties. The general rule is

Animal Protection in a World Dominated by the World Trade Organization 163 73The term “necessary” is used in GATT Arti- 93International Convention Concerning the 110Program on International Policy Attitudes, cle XX, GATS Article XIV, and the preambles of Transit of Animals, Meat and Other Products of Center on Policy Attitudes of the University of both the SPS and TBT Agreements. Animal Origin, art. 5, C.78.M.34.1935.II[B] Maryland. 2000. Americans on globalization: A 74See, e.g., United States—Restrictions on (March 1935), 3. study of U.S. public attitudes, 5 (Mar. 28, 2000), Imports of Tuna (unpublished decision), GATT 94Report of the First Session of the Preparatory available at . Doc. DS29/R (May 23, 1994); Thailand— Restric- Committee of the United Nations Conference on 111Id. at 23. tions on Importation of and Internal Taxes on Cig- Trade and Employment [ITO London Report], 112Id. at 24. arettes, GATT Doc. DS10/R, BISD 37S/200 (Nov. United States Draft Charter, Annexure 11, art. 113Id. at 25. 7, 1990). 32(a), 60. 75Charnovitz, Environmental exceptions, note 95ITO London Report, 32. 71 supra. Charnovitz points out the dilemma of 96 “The [New York] draft Agreement repro- an exempt-purpose measure that conflicts with duces many provisions of the Charter. Reserva- multiple parts of the GATT. For example, a tax tions entered by delegates to those provisions of preference for local industry to use less dirty fuel the Charter…apply equally to the corresponding might be less restrictive than a ban on dirty fuel provisions of the draft Agreement.” Report of the under GATT 1947 article XIII (quantitative Drafting Committee of the Preparatory Committee restrictions), but it could be attacked as a subsidy of the United Nations Conference on Trade and under the Agreement on Subsidies and Counter- Employment [ITO New York Report], Part III, vailing Measures. Draft General Agreement on Tariffs and Trade, 76The term “life and health” is used in GATT Introduction, para. 1, 65. See also, Report of the Article XX, GATS Article XIV, the Preamble and Second Session of the Preparatory Committee of throughout the SPS Agreement, and the Pream- the United Nations Conference on Trade and ble and Article II of the TBT Agreement. Employment (Geneva, August 1947), 70. 77SPS Annex A.1(a). 97Apart from the ITO reports and appendices, 78Charnovitz, Environmental exceptions, note neither the State Department Library nor the 71 supra. (citing International Trade Organiza- National Archives was able to locate any docu- tion, Hearings Before the Committee on Finance, ments that would explain the U.S. rationale. Part 1, U.S. Senate, 84th Congress, 1st Session, 98This language appears in GATT Article XX, at 442), 44. GATS Article XIV, and the SPS and TBT Agree- 791927 Convention, 224. ments. 801927 Convention, 18. 99See, SPS, Annex A (Definitions). 81UN Doc. E/PC/T/A/PV/30 at 7–13. 100European Communities—Measures Con- 82Understanding on Rules and Procedures cerning Meat and Meat Products (Hormones), Governing the Settlement of Disputes (“DSU”). United States (WT/DS26/R), Report of the Panel, Article 17 of the DSU establishes that a standing June 30, 1997 (“Beef Hormones I”); European Appellate Body shall be established by the Dis- Communities—Measures Concerning Meat and pute Settlement Body (which is comprised of the Meat Products (Hormones), United States (WT Members of the WTO Agreements). /DS26/AB/R and WT/DS48/AB/R), Report of 83See, Tuna-Dolphin II. the Appellate Body, adopted, February 13, 1998 84Those who espouse this view rely on the fact (“Beef Hormones AB”.) that original GATT drafting committees 101Beef Hormone at para. 8.96. described a resource as “raw material” or “min- 102Id. at para. 8.114. eral.” UN Doc. E/PC/T/C.H/50, 4; see, 103Id. at para. 8.117. Charnovitz, Environmental exceptions, note 71 104Id. at para. 8.157. The European Union supra. argued that the precautionary principle was part 85See, e.g., Tuna-Dolphin II at para 5.13 and of customary international law and should be Shrimp-Turtle AB at para. 132. used to interpret Articles 5.1 and 5.2. The United 86GATS Article XIV(a) states: “necessary to States said it did not consider the precautionary protect public morals or to maintain public principle international law and suggested it was order.” Footnote 5 to this section further provides more an “approach” than a “principle.” See, Beef that the public order exception may be invoked Hormone AB at para. 122. only where a genuine and sufficiently serious 105Id at para. 193. threat is posed to one of the fundamental inter- 106Id at para. 194. ests of society.” 107Id at para. 207 and 208. (“The [European 871927 Convention, art. 4(2), 8. Union] did not actually proceed to an assess- 88Preliminary Draft Agreement Established by ment…of the risks arising from the failure of the Economic Committee, 1927 Convention, 228. observance of good veterinary practice combined 89Minutes, 1927 Convention, 108. with problems of control of the use of hormones 90 for growth promotion purposes.”) Minutes, 1927 Convention, 110. 108 91Preliminary Draft, 1927 Convention, 224. The effects of Bt corn on the monarch butterfly is a case in point. The widespread global dis- 921927 Convention, Official Instruments, 8. At tribution of this genetically modified seed one point, the “moral and humanitarian” excep- occurred long before laboratory tests confirmed tion had been deleted during the drafting Bt corn kills monarch butterfly larvae. Conse- process. When the Egyptian and British delegates quently, the effects of this seed on adult mon- moved to put it back in, the committee’s rappor- archs in the field is totally uncertain. Literally, teur explained that the intent had not been to the earth had become the petri dish to prove or delete the moral exception but to consider that it disprove biological harm. Such potentially devas- was included within the terms of a broader sec- tating implications should be well understood in tion that protected restrictions that applied to containment—prior to release. like national products. While the committe chose 109In Shrimp-Turtle AB the Appellate Body to reinsert the moral exception, this episode illus- relied on an international principle called “Abuse trates the effort that the committee was making of Rights” to find that the U.S. law in question to develop the broadest possible generic cate- was a violation of U.S. obligations under the gories. Minutes, 1927 Convention, 107–108. WTO. See, note 7 supra at para 158.

164 The State of the Animals: 2001 Urban Wildlife 11CHAPTER John Hadidian and Sydney Smith

Introduction umans have been experiment- the population living in cities of a mil- urban ecosystems and habitats as ing with “urban living” for at lion residents or more. If projected “artificial” when compared with “nat- H least the last six millennia. trends hold true, the majority of all ural” ones found outside the human- The scope of this experiment has humans on Earth will be urbanites built environment. Of course, the been described as “massive” and “un- sometime early in the twenty-first cen- same ecological processes that affect planned” (McDonnell and Pickett tury (United Nations 1987). Urban the “natural” world “out there” affect 1990), an apt characterization of a ecosystems demand natural resources the “artificial” world of cities “in phenomenon that is also known by and raw materials far in excess of what here.” Undoubtedly, their form, rate, such terms as “sprawl” and “blight.” they can produce and thus have the and effects vary with the influence of Urbanization is both a biophysical potential to influence the global ecol- the built environment, but this may and a social phenomenon. Among its ogy. Rees (1996) defines the “ecologi- only make their study more relevant many measurable physical character- cal footprint” of the city as the area and interesting. istics are greater concentrations of required to supply raw materials, re- Indeed, urbanization may be better airborne dust, carbon dioxide, and sources, and other opportunities, understood from an ecological per- sulfur compounds and slightly higher such as recreation, for urbanites. spective than it is from a socioeco- precipitation, annual mean tempera- Direct and indirect ecosystem im- nomic one, as is much more com- ture, and ultraviolet radiation at pacts of cities, varying from air pollu- mon. That said, the consequences of ground level than is typical in sur- tion to nitrogen loading, have reached urbanization on natural communities rounding hinterlands (Trefil 1994). the point at which human influences of plants and animals remain largely Among its social consequences are now extend to the most remote and unknown and may be difficult to the inhabitants’ alienation and disas- previously pristine global reaches understand at all, given the rapidity sociation from natural environments, (Vitousek et al. 1997). with which cities and the areas they juxtaposed with attitude and value Despite the dominance of humans influence are changing. scales that indicate greater concern in the urban environment, other ani- Despite the potential for difficulty, for the protection and preservation of mals flourish there as well. It is al- there are several reasons why urban such environments and the wildlife most certain that when humans first wildlife should be valued and better that inhabit them than is the case began to aggregate in urban commu- understood. First is its scientific and among nonurbanites (Kellert 1996). nities, specific conditions were estab- heuristic value. Urban wildlife popula- While cities cover no more than 1 lished that favored certain plants and tions are essentially parts of ongoing or 2 percent of a typical habitable animals, which joined humanity in natural experiments in adaptation to land mass, they have an impact that colonizing what were, for them, pre- anthropogenic stress. How urban ani- far exceeds their physical presence. In ferred habitats. These synanthropes mals are affected by human activi- much of the world (and soon in all of have been far less studied than their ties—and how they cope with them— it), the urban populace outnumbers counterparts elsewhere, and it is can represent, on a highly accelerated the rural. Today, eight of every ten tempting to suggest that this is be- scale, a model of what is happening to Americans live in towns of fifty thou- cause those who pursue such knowl- species in other biomes. No other wild sand or more, with more than half of edge have been biased to regard animals live in such intimate contact

165 and under such constant constraint ly had not occurred (Thomas 1983). Sport Fisheries). “Man and Nature in from human activities as do synan- The subsequent heyday of natural his- the City,” held in Washington, D.C., in thropes. Second, urban animals are tory (Barber 1980) coincided with the 1968, marked the emergence of the exposed to many environmental haz- onset of the Darwinian revolution and field of urban wildlife from its previ- ards and should be considered sen- led to increasingly objective, scientific ous anonymity. It was followed in tinels on our behalf. Additionally, study of animals as well as to a height- 1974 by a symposium organized in wildlife in urban environments is ap- ened interest in and sympathy for Great Britain around the theme of parently quite important to people human impact on animals and their the place of nature in cities and (Adams 1994; Kellert 1996; Reiter et habitats. Representative of many gen- towns, and Laurie (1979) summa- al. 1999). It may be critical that these eral works arising from the increased rized the two events in a collection of coinhabitants maintain a connection interest in natural history is Ernest papers on the idea of urban green between people within the most Ingersoll’s Wild Neighbors (1899), a space. Over the next decades, a num- densely settled human developments combination of natural history, anec- ber of conferences were held (Noyes and the natural environment. Finally, dote, and scientific speculation about and Progulske 1974; Euler et al. we argue that there is an inherent common urban, as well as decidedly 1975; Stenberg and Shaw 1986; value and right for wildlife species to nonurban, species. Adams and Leedy 1987, 1991), each exist, in whatever type of environment In one of the first scientific publi- broadening the basis for the disci- they are found. Human beings have a cations on any aspect of urban wild- pline. Texts or collected works on moral obligation to recognize and ap- life, Shenstone (1912) described the urban wildlife were not so forthcom- preciate the diversity of life and cele- flora of building sites in London, ing, although Gill and Bonnett brate it by acknowledging the rights including the role of both wild and do- (1973) co-authored an early general of others. mestic animals in transporting seeds work on urban ecosystems that to various locations within the city. emphasized urban wildlife. Gilbert Probably the first comprehensive de- (1989) published a general work on Historical scription of an urban fauna is Richard the ecology of urban habitats that in- S. R. Fitter’s The Natural History of cluded much information on wildlife, Background London (1945). John Kieran’s A Nat- and Adams (1994) issued a general The formal study of urban wildlife is of ural History of New York City (1959), text on urban wildlife habitats that quite recent origin, although human is the American counterpart to Frit- went into almost immediate use in involvement with wild animals in ter’s work. The French geographer college courses in wildlife manage- cities and towns is deeply rooted in Jean Gottman (1961) devoted a ment. Platt et al. (1994) contributed history. The Roman historian Jose- chapter in his seminal description of a broad overview of the “ecological” phus, for example, in the first century the urban future, Megalopolis, to city to introduce and emphasize the A.D., mentioned the use of metal wildlife and forests, but restricted his preservation and conservation of spires on the rooftops of Jerusalem to discussion largely to the role of game urban biodiversity, thus continuing a deter birds (possibly storks) from species and the conflicts that were tradition of looking at wildlife as a nesting there. Wild animals were un- caused by the overabundance of ani- component of the larger urban doubtedly tolerated, controlled, or mals such as white-tailed deer. ecosystem. This tradition has been ignored in cities and towns for many More concerted and focused inter- even better observed in Europe, centuries without a Josephus to take est in urban wildlife arose in the late where studies of urban ecosystems note. Occasional records surface to 1960s. The first technical session (e.g., Marcuzzi 1979; Sukopp et al. detail events as well as afford us a among wildlife professionals that fo- 1995) have probably been more com- glimpse into changing social mores. cused specifically on urban wildlife prehensive, longstanding, and wide- In at least two cases, documented was organized in 1967 at the Thirty- spread than have those in the United from medieval times, efforts were second North American Fish and States, if less available. made to use the device of excommu- Wildlife Conference (Scheffey 1967). Works on urban wildlife intended nication to control unruly sparrows That session, “Farm and Urban Re- for the general public have long con- around places of worship, in the one sources,” included papers by Stuart stituted their own literary genre. In case for defecating on pews and in the Davey (1967) on the role of wildlife in the United States, these have ranged other for “scandalous unchastity” an urban environment, Forest Stearns from popular works and general nat- that occurred during the delivery of a (1967) on wildlife habitat, and Robert ural histories (Beebe 1953; Kieran sermon (Evans 1906; Ryder 1989). Twiss (1967) on wildlife in the metro- 1959; Garber 1987) to backyard field The development of an interest in politan environment. The first truly guides (Villard 1975; Mitchell 1985) life’s diversity during the Age of Dis- national conference on the subject and works that focus on specific urban covery fueled an understanding of ani- was convened under the auspices of species (Rublowsky 1967; Kinkead mal lives as phenomena worthy of the U.S. Fish and Wildlife Service 1974, 1978). Goode (1986) published study, an understanding that previous- (then the Bureau of Wildlife and in England a general description of

166 The State of the Animals: 2001 the wildlife of London and its environs systems (Sudia 1971 et seq.), includ- nately, many unique opportunities to and Shirley (1996) a general natural ing one focusing specifically on urban conduct definitive research on wild history of urban wildlife, both of wildlife (Sudia 1978). A National Park animals in urban and suburban envi- which, while written for lay audiences, Service research facility (the Center ronments during periods where colo- were more science based than many for Urban Ecology) was dedicated in nization, population growth, and earlier works. Baines (1986) com- 1985, praised six years after that diversification were under way have bined a more popular account of Eng- opening (Hester 1991) and closed been lost, to the detriment of future lish urban wildlife with advice for four years later. The only private-sec- understanding. improving the habitat in backyards to tor nonprofit urban wildlife organiza- encourage and support wildlife. An tion, the National Institute for Urban interesting variation on the general Wildlife, also closed its doors in the Cities as theme of urban natural history is pro- mid-1990s. A few years later, Babbitt vided in both English and American (1999) suggested that urban ecology Wildlife Habitat examples of the ecological history of a was being “rediscovered” at high lev- Cities, as well as suburbs, encompass single human dwelling over the pas- els in American government. State diverse and complex habitats to which sage of several centuries for each involvement with urban wildlife pro- many wild animals show affinity. What (Ordish 1959, 1981). grams appears to have been minimal to the observer may seem to be a “bio- Although academic interest and fo- as well, although it certainly was in- logical desert” (the inner city) may in cus on urban wildlife is gradually increasing faster than were university fact be suitable habitat for even such creasing, the field clearly remains un- programs. Lyons and Leedy (1984) highly specialized predators as pere- der-emphasized in comparison with asked state wildlife agencies in 1983 grine falcons (Falco peregrinus). Less traditional (resource management, if they had urban wildlife programs. noticed, but of equal or greater bio- consumptive use) orientations in uni- Only six responded positively, noting logical significance, would be the versity curricula. Adams et al. (1985) programs whose principal functions microfauna of these places, such as surveyed ninety-five colleges and uni- were identified as extension, public the detritus feeders that might live versities that offered a wildlife sci- education, and management. Only upon organic material blown into and ences curriculum to determine their three states reported research as part stopped by the building faces. Gener- involvement in urban wildlife issues. of their activities, and only 8 percent ally, the biota of urban places have not Of the eighty responding, most (92 of staff time and 5 percent of budget been documented as well as they have percent) did not have a recognized were devoted to this activity. been for other systems, but invento- urban wildlife program. Of those that Federal and state involvement in ur- ries and descriptions clearly tell us did, only 5 percent of all wildlife pro- ban wildlife issues and programs has that even such “waste” places as jects ongoing in the questionnaire been complicated by at least three vacant lots can have complex biologi- year focused on urban wildlife; they factors. First, tradition has dictated cal communities adapted, and adapt- devoted only 2 percent of their re- that wildlife agencies and wildlife pro- ing still, to the special biophysical search budgets to urban wildlife stud- fessionals looked to rural areas and characteristics of the sites they occu- ies. Follow-up surveys have not been their constituencies as the places py (Vessel and Wong 1987). The com- conducted, but change, if any, over where wildlife work should be done plex, varied, and changing landscapes the intervening fifteen years appears (San Julien 1987). Funding mecha- of cities and towns must certainly con- to have been slight. A quick review of nisms, such as federal Pittman-Rober- strain attempts by many animals to articles in the Journal of Wildlife Man- ston Act monies, which stem from a successfully colonize them and main- agement, the foremost American jour- federal excise tax on firearms and am- tain viable populations. Urban wildlife nal dealing with wildlife study, shows munition, have focused on projects habitats are characterized by dynamic only one of more than three hundred more of service to rural than to urban and changing environmental condi- articles published in 1999 containing constituencies and for consumptive tions in which both natural changes the words “urban” or “suburban” in more than for nonconsumptive wild- (e.g., the maturation of vegetation) its title (it is a study of a nesting rap- life users. Finally, the unspoken but and anthropogenic changes (e.g., the tor population). apparently real bias against urban clearing of vegetation) constantly im- The efforts of state and federal areas as suitable for research has pose demands for accommodation. agencies to recognize and deal sys- tended to focus academic interest Thus, if urban landscapes have any tematically with urban wildlife issues and resources away from our demo- defining characteristic as wildlife have not seemed equal to the need of graphic centers. With increasing envi- habitat, it must be their heterogeneity urban residents (San Julien 1987). ronmental awareness and activism, and variability. The federal government had launched ecological understanding, and the de- Numerous schemes have been pro- the field of urban wildlife as a formal mands of the urban populace for help posed to identify the various compo- pursuit in 1968 and followed with a in resolving wildlife conflicts, this sit- nents of the urban landscape and series of publications on urban eco- uation is slowly changing. Unfortu- describe its ecological properties.

Urban Wildlife 167 Brady et al. (1979) proposed a hierar- cities tends also to create habitat coptic mange, a disease that in foxes chical landscape scheme based on bio- “islands” (Davis and Glick 1978) that can lead to high mortality. The out- geographical units to help visualize may promote some species while sup- break led to more than 80 percent both the richness of urban habitats pressing others. annual mortality in the Bristol fox and the landscape scales that could population until by 1996 nearly all be imposed on urban areas, from re- the foxes in the study population were gional to highly local and site-specific Ecology of dead. Four years later the population perspectives. Dickman (1987) pro- recovery was still proceeding slowly, posed a structural classification of Urban Wildlife with social behavior, territory size, the urban lands of Oxford, England, Wildlife inventories for urban areas movement and activity patterns, and in a scheme that included woodland, are generally lacking, although spe- virtually all other aspects of fox life scrub (regenerating woodland), orch- cialty groups, such as birds, have been reverting toward the norm described ard, long grass, short grass (lawns, fairly well documented for some cities in other studies (Harris 2000). Be- parks, playing fields), allotments, (Montier 1977; Guth 1979; Cousin yond demonstrating the extreme churchyards, and gardens of detached 1983; Hadidian et al. 1997b). Large adaptability and social flexibility of and semi-detached houses. Other pos- animals undoubtedly tend to disap- fox populations, the long-term stud- sible habitats in the urban environ- pear with increasing urbanization, as ies by Harris and colleagues challenge ment include cemeteries, utility cor- do habitat specialists or species sensi- preexisting assumptions concerning ridors, university and corporate tive to habitat fragmentation, such as the “normal” behavior of wildlife pop- campuses, storm sewers, waterfronts, many reptiles and amphibians (Camp- ulations and call into question the and garbage disposal sites (Stearns bell 1974). The survival and extinc- meaning of “normal” itself. 1967). To these areas Davis and Glick tion rates of local and regional popu- (1978) add roadsides and median lations under various forms of strips, city-center highrises, apart- anthropogenic stress need to be bet- Wildlife ment blocks and condominiums, ter studied, as do virtually all aspects parking lots, golf courses, railroad of genetic change and variation with- and Land tracks, and old residential neighbor- in populations of “urban” organisms. hoods. A basic dichotomy of urban Even less studied than the biophys- Development habitats distinguishes between “open ical effects of urbanization on animal The urban population of Earth in- space,” such as parklands and wood- distribution and abundance are the creased tenfold in the last century lots, and “built areas,” such as resi- life histories and general ecological (Platt 1994). One consequence has dential housing, commercial build- relations of urbanized species. Per- been the rapid transformation of land ings, and industrial areas (Foreman haps the best-studied urban mammal from agricultural and undeveloped 1995). is the red fox, Vulpes vulpes (Harris natural zones to expanding suburbs Some generalizations about urban 1977, 1981, 1994; MacDonald and and the consumption of open space habitats are possible, although they Newdick 1982; Lloyd 1981; Page within existing urban zones. The term may not hold true everywhere. Urban 1981; Kolb 1984). The studies con- “sprawl” has been coined to describe areas tend to sustain low species ducted by Stephen Harris on the the haphazard and chaotic pattern of diversity (Dickman 1987; Gilbert urban fox population of Bristol, Eng- suburban expansion, although long 1989). This may be attributable to an- land, span more than twenty years of before that name appeared the issue thropogenic impacts, low habitat di- observation and research and are had been identified and described versity, missing habitat types, species unquestionably the most comprehen- (Dassmann 1972). The impacts of de- sensitivity, fragmentation, absence of sive study of any urban species. Harris velopment on wildlife range from the successional stages, or simply the found that this urban fox population direct physical destruction of animals altered “geometry” (Goldstein et al. was heavily provisioned by human res- and their habitats as land is cleared 1981) of vegetation in urban and sub- idents, many of whom deliberately to the loss of habitat “values” such as urban areas. The species that do engaged in feeding programs. Bristol size and connectivity, which can lead adapt to and survive in urban areas fox population densities were found to local extirpations or failure of tend to be present at greater concen- to be extremely high, while territory some fauna to be able to recolonize trations than is typical for them in sizes were small, and fox groups with an area that has been isolated. Al- other types of habitats (Gilbert 1989; multiple adult members were ob- though there may be ways to indirect- Riley at al. 1998). This could be served in a species that elsewhere was ly measure the effects of development attributed to relatively greater food classically identified as solitary. Pro- activities on wildlife, such as through abundance, absence of competitors, found changes in the population den- estimates of change in the amount of absence of predators, or a combina- sity and, concurrently, the social orga- available wetlands habitat, there is lit- tion of these factors. The extreme nization of Bristol foxes occurred as a tle that can be done to more than fragmentation of the landscape in result of an outbreak in 1994 of sar- guess at the overall magnitude of

168 The State of the Animals: 2001 impacts. Enough concern exists for tion is that it leads to an increase in some time before a body of informa- the deleterious short- and long-term landscape edge. Edges, or ecotones, tion sufficient to identifying trends impacts of development, however, to provide critical habitat for some could be collected. This complexity is have created professional responses wildlife species, such as deer, allowing similar to that faced by investigators in the form of alternative develop- access to cover within one habitat seeking to understand the effects and ment schemes, mitigation strategies, type (e.g., forest) and food in another consequences of wildlife translocation and an emerging body of scientific (e.g., fields). Such edge habitat may (Craven et al. 1998), and it is possible information that addresses the value favor nonnative species, particularly that studies of such phenomena could of landscape features such as patch plant species, with corresponding be approached under the same con- size, habitat mosaics, and corridors changes in animal community struc- ceptual framework. to link natural areas and open space ture. Roads can create significant Certainly, the timing of land clear- (Foreman and Godron 1986). The edge across a landscape and can be a ing would be critical to determining concept of linking design and envi- major factor in causing habitat frag- whether animals with dependent ronment is personified historically by mentation. They also can burden ani- young were affected. However, deci- the seminal work of Ian McHarg mal populations as a direct cause of sions to schedule an event to avoid (1969), whose Design with Nature mortality. For some groups, such as birth or weaning periods in any ushered in an era of attention to the amphibians, arthropods, and small wildlife species would be entirely vol- greater schemes of nature and human mammals, roads may essentially be untary under most development interaction with landscapes. complete barriers (Mader 1990; Rich- schemes, excepting those in which Loss of habitat and habitat frag- ardson et al. 1997). Wildlife mortali- state or federally protected threat- mentation are critical issues in urban- ties from roadways are documented ened or endangered species are in- izing environments and are cited as for only a few of the larger and eco- volved. Few laws exist to curb or shape the most common reasons for popu- nomically more important species, the development process in ways that lation reduction or loss of species in but those that are known are consid- mitigate or minimize impact on such places (Davis and Glick 1978; erable. Conover et al. (1995) estimat- wildlife. Those that do exist, such as Adams 1994). Because private land ed more than a million deer-vehicle the Migratory Bird Treaty Act ownership decentralizes the planning collisions annually for the United (MBTA), could theoretically be used process, habitat destruction and al- States, with approximately two hun- to afford protection to some species, teration can occur on a parcel-by-par- dred people killed and a billion dollars but are probably so little known to cel basis, with little attention paid to in property damage as the conse- developers that they might as well not such needs as preserving habitat con- quences. be there. The MBTA makes it unlawful nectivity. The results are truncated The process of land development infor anyone to “pursue,” “take,” or corridors, habitat islands, and mo- cludes such activities as clearing, otherwise harm any migratory bird or saics of different types of land at dif- grading, soil compression, lake drain- to destroy nests or eggs unless under ferent stages of development. By the ing, and infill, all of which profoundly a federal permit, but it is clearly abro- theory of island biogeography (Mac- affect everything that lives on sites in gated on a large scale when develop- Arthur and Wilson 1967), the larger the pre-development stage. Surpris- ment incidentally “takes” birds, their islands of habitat should contain ingly, there seem to be no studies on nests and eggs, or their flightless greater species diversity and experi- such sites in which total species com- young as land is cleared. To bring a ence lower rates of “extinction” as position and pre-and post-develop- claim on such activities under the populations within them dip below ment distribution and abundance of MBTA it would be necessary to prove thresholds of sustainability. Under species have been documented over a willful violation of the act, beyond such configurations habitat areas can time. On-site impacts on nonvolant simple knowledge of the presence or also function as population sinks, de- species—for example, small- and me- potential presence of nesting birds. manding a constant influx of animals dium-sized mammals, invertebrates, Land clearing can be timed to min- from outside to sustain themselves amphibians, and reptiles—will be im- imize impact on specific species’ (Pulliam 1988). The same effect can mediate and direct and typically end nesting, birthing, and weaning sched- be caused by human activities such as in almost complete destruction. Larg- ules, and pre-development surveys trapping and removal of “nuisance” er mammals and volant species will be and efforts to conduct “salvage” oper- animals or culling of local popula- displaced, with potential for increased ations to remove specific species can tions. Isolated urban habitat areas mortality as well as conflict and com- be conducted. It may simply be that a also should adversely affect the genet- petition with conspecifics, as those greater awareness and more informa- ic interchange between populations, displaced attempt to become re- tion about these practices could lead although the consequences of this are established elsewhere. The effects of to some voluntary compliance or that as yet little understood (Davis and displacement will be difficult to mea- local ordinances could be crafted that Glick 1978). sure and depend on so many external would allow such factors to be taken Another consequence of fragmenta- factors and conditions that it may be into account during the development

Urban Wildlife 169 permitting process. Few wildlife pro- prescriptions. Another approach to together of previously established fessionals or organizations, however, determining wildlife presence and po- threads to set the stage for the cur- have focused on wildlife in these con- tential, rather than focusing on bio- rent “land mosaic” or “coalescence” texts or attempted to communicate logical inventories of fauna, involves phase. The current period is marked with developers about these needs. an inventory and assessment of habi- by the attempt to create an overall Little is known about the attitudes of tat (Burns et al. 1986; Geis 1986; conceptual framework that explains the public on these issues or whether Matthews 1986; Houck 1987). Once landscapes from a regional perspec- such consequences as increased ex- identified, such areas can be manipu- tive, incorporating the ecological pro- pense would be supported if develop- lated within a landscape ecological cesses and ecosystem functions sub- ers were engaging in salvage or res- scheme to determine how physical sumed at that scale. It is made cue efforts. factors such as patch size and con- possible by advances in our under- Much of today’s land-use policy is nectivity interact with specific faunal standing of ecological process and determined within a utilitarian frame- groups, such as songbirds, to create functioning and by tools, such as the work in which economic considera- predictive models that help prioritize Geographic Information Systems tions predominate (Beatley 1994). land units from which maximum con- (GIS), that allow regional perspectives The potential economic benefits of servation value will be realized (Darr to be drawn on what are complex and development schemes that include et al. 1998). interconnected landscape elements. wildlife habitat (more frequently The concept of urban open-space In a broad sense, ecological design termed open space or conservation management from an ecological per- is a process whereby each community areas) as part of the overall planning spective is widely recognized by urban member can be considered a “partic- concept have been gaining attention wildlife specialists as both critical to ipant-designer,” and the balance of and where examined indicate some conserving wildlife in urbanizing envi- knowledge is shifted from the experts positive influences on property value ronments and beneficial to enjoy- to all. Ecological design advocates (King et al. 1991). Beyond that, with ment by human residents (Adams and the identification and protection of the public moving toward a greater Dove 1989; Gilbert 1989; Hough core reserves of habitat that are off- environmental consciousness, the 1994). Ecological landscape planning limits to human disturbance, sur- preservation of ecosystems, conserva- and design intends to integrate rounded by expanding buffer zones tion of biological diversity, and pro- known concepts of landscape design that allow a range of uses, from na- tection of small and unique habitats and ecological process to understand ture trails to low-density housing to and their wildlife are receiving more and manage land-human relation- more-intense land use. These core re- advocacy (Nash 1989). Arguments ships on a broad scale. It is character- serves ought to be connected by wild- are being made for planners to antic- ized by viewing nature as a partner life corridors (Adams and Dove 1989; ipate and counteract threats to vul- from a bioregional vantage point, in- Van der Ryn and Cowan 1996). Em- nerable wildlife populations (Hough tegrating design with soils, vegeta- ploying techniques such as following 1994). Still, despite twenty of the tion, topography, and human culture. the natural contour of the land, clear- forty national policies of the Ameri- It embraces an inclusive process of ing and grading less, retaining and can Society of Landscape Architects discussion and debate, challenging replacing topsoil, reducing impervi- focused on environmental issues, the notion that architecture and de- ous surface coverage, and retaining as there is no policy regarding wildlife sign are pure processes that “should much natural vegetation as possible (Wacker 1987). not be ‘contaminated’ by any real- will go far in reducing the immediate In an ideal world for urban wildlife, world constraints or needs: social, en- destruction of animals from construc- development sites would be assessed vironmental, or economic” (Van der tion practices and subsequent loss of by qualified personnel to determine Ryn and Cowan 1996). populations and communities as a what species occur on year-round and The historical development of the result of habitat loss. seasonal bases, how development is field has been traced by Richard Fore- By recognizing the need to better likely to affect resident wildlife or man (1995) through three broad understand and plan development, transients (e.g., neotropical migrato- phases. The first, which extended to not only to maximize benefits to wild- ry songbirds), and what can be done, about 1950, encompassed a period of life but also to provide amenities for at all stages of development, to mini- emphasis on natural history and the humans, both theoretical and practi- mize the impacts that might occur environment in which identification cal models can be developed to pre- (SCWF 1997). To some extent, exper- of many of the underlying principles dict the outcome of various approach- iments in this approach have begun, and factors of landscapes and animal es. From a landscape perspective, an as in the King County, Washington, populations was a necessary prerequi- overriding principle to seek maximum effort to identify significant wildlife site to a synthesis of information into environmental benefits during devel- habitat and review development plans a conceptual framework. A second, opment can be subsumed under the to ensure that critical amenities and so-called “weaving” phase, between concept of “aggregate-with-outliers” values are maintained under zoning 1950 and 1980, involved the drawing (Foreman 1995). This principle states

170 The State of the Animals: 2001 that “one should aggregate land uses, sensitive plant species on public yet maintain corridors and small Human-Wildlife lands) or human health and safety patches of nature throughout devel- concerns are claimed (e.g., Ankney oped areas, as well as outliers of hu- Interactions 1996). Problems with individuals or man activity spatially arranged along local groups may be self-correcting or major boundaries” (437). in Urbanizing resolvable with a small commitment In general, the understanding of the Environments of time and effort. Problems with larg- landscape-ecological factors involved Human-wildlife interactions in urban- er populations may not be resolvable in this principle, ranging from patch izing environments can be positive or without a considerable commitment size to landscape mosaic grain, is bet- negative. Conflicts between humans of time and effort through a coordi- ter established than the responses of and wildlife in suburban and urban nated regional planning approach. wildlife to the various landscape cate- areas are inevitable. Human-altered The type and variety of human-wild- gories that have been identified. landscapes create highly suitable hab- life conflicts in urban and suburban Several types of development have itats for some species of wild animals. environments, as well as their eco- been planned to enhance natural area Absent hunting and trapping, many nomic consequences, are little docu- and corridor presence. They include urban areas may harbor species that mented, but what studies have been (1) planned unit development (PUD), elsewhere occur below ecological car- conducted are suggestive of trends. usually applied to a large site, often rying capacity (Robinson and Bolen Overall, less than a third of the gen- allowing for more-flexible design, 1984). Other human activities—such eral population has reported experi- housing variety, and compatible com- as poor trash management, landscap- encing problems with urban wildlife. mercial uses; (2) cluster zoning, ing that provides food resources, and In one survey of the six metropolitan which permits groups of homes on structures that increase available har- areas in New York City, 20 percent of one portion of the property, with the borage—can affect local wildlife pop- all respondents said they had wildlife remainder left as open space; and (3) ulations. Many urbanites seeking in- problems (Brown et al. 1979), while conservation subdivisions, which in teraction with wild animals delib- in the upstate population of metro- their purest form, can be defined as erately feed and provision them, politan Syracuse about 30 percent residential developments in which which can cause problems such as had experienced problems (O’Don- half or more of the buildable land localized concentrations of animals. nell and VanDruff 1983). Another area is designated as undivided, per- The conflicts that arise between study focused on three metropolitan manent open space (Arendt 1996). people and wild animals in urbanizing areas in Missouri, where about 13 per- All three are zoning alternatives that environments can involve individual cent of the respondents indicated involve density transfers. Normally, if animals, local groups of animals, or they had experienced wildlife prob- a developer were to set aside a por- increasingly, regional populations of lems (Witter et al. 1981). More re- tion of the developable land, it would some species. A homeowner may have cently, Mankin et al. (1999) reported reduce his yield (the number of lots a problem with an individual animal that 18 percent of both urban and that he could build under current that has taken up residence in a chim- rural respondents to a questionnaire zoning), which translates into less ney, leading to action to resolve an about wildlife conflicts in Illinois re- profit. Density transfer addresses this immediate and highly site-specific is- ported damage within the past year. financial disincentive by allowing the sue. A municipal park may have a Problems in metropolitan Syracuse developer to site the same or greater population of animals, such as gray varied from one neighborhood area to number of homes onto smaller lots in squirrels, that is causing damage to another (O’Donnell and VanDruff a more compressed area, with the re- plantings (Manski et al. 1981). A 1983), suggesting site- and area-spe- maining open space left undeveloped neighborhood or community may cific factors contributing to the type and serving as a community and nat- have widely distributed conflicts (with and intensity of wildlife problems at ural resource. The natural area can be animals such as white-tailed deer or the local level. Where it has been sur- put into a conservation easement (a Canada geese) that affect multiple veyed, measurable damage by wild- legal agreement between the proper- households and involve public lands life, usually as structural damage to ty owner and a nonprofit organization and buildings, corporate parks, or buildings or landscape plantings, or government agency that perma- specific sites such as golf courses. ranges from about 20 to 50 percent of nently restricts the uses of the The conflicts experienced by urban- the complaints reported (Brown et al. property) with the developer or the ites range from “nuisance” situations 1979; O’Donnell and VanDruff 1983; homeowners’ association retaining (that aren’t really problems at all) to Mankin et al. 1999). ownership of the land and the right to situations in which measurable dam- The most frequently reported com- use it consistent with the easement. age to homes or yards is occurring, to plaint regarding wildlife in urban and circumstances where complex types suburban areas is that an animal has of impacts (e.g., deer browsing on become a general “nuisance” around a primary residence (Brown et al.

Urban Wildlife 171 1979; Witter et al. 1981; O’Donnell status of animals (e.g., Singer 1975), matically were their contribution to and VanDruff 1983). The use of the to the notion that human well-being urban ecosystems better known. Bet- term “nuisance” in characterizing hu- is enhanced by contact with animals. ter public education and understand- man-wildlife encounters is problemat- Benefits provided by wildlife may be ing lies at the heart of much of the ic, however, since it predefines an simple pleasure and enjoyment, en- effort to deal with human-wildlife emotional condition that can range hanced health and well-being, educa- conflicts in urban areas. from the imagined to the very real. tional opportunities for adults and Often, what constitutes an animal’s children, and increased economic being termed a “nuisance” may sim- returns through recreational, non- Attitudes ply be misunderstanding or igno- consumptive pursuits, such as bird- rance. Almost 40 percent of the com- watching, and functions that enhance toward plaints about wildlife received by two ecosystem-level stability (Shaw and suburban Maryland wildlife offices re- Magnum 1984; Rolston 1986; Beatley Urban Wildlife sulted from a misunderstanding of 1994; Kellert 1997; Warren 1997). American attitudes toward, and wildlife activity and an unnecessary Improved psychological and even phy- knowledge and perception of, animals fear of wildlife itself (Hotten and sical health is often associated with have been measured in a series of pio- McKegg 1984). Such findings almost contact with natural environments neering studies by Stephen Kellert certainly forebode that many wild ani- and with wild animals themselves and his colleagues (cf. Kellert 1996). mals are “controlled” in urban habi- (VanDruff et al. 1995). Better envi- Historically, the predominant atti- tats for no offense other than simply ronmental health has long been asso- tude toward animals in the United being considered “nuisances.” ciated with juxtaposition of natural States has been a utilitarian one, As dramatic as wildlife conflicts may areas with human-built environments focusing on the practical and materi- be, by far the most frequent and sub- (e.g., Foreman 1995); and because of al value people derive from animals or stantive interactions between people the position of most species at higher their products (Kellert and Westervelt and wild animals are positive ones. trophic (or distance from plant food 1982). Roughly contemporaneous People value, and often cherish, con- source) levels, wildlife has been sug- with the population shift to urbanized tact with other living things (Kellert gested as a good indicator of environ- areas has been the growth of human- 1996), and it may be especially com- mental quality (Evenden 1974). In istic feelings, defined as a strong pelling and urgent that such opportu- fact, wild animals are often used as interest in and affection for individual nities occur for urbanites, who are sentinels to detect and monitor envi- animals (Kellert 1980) and, in cities most likely to be divorced from con- ronmental contaminants (National with a million or more residents, high tact with the natural world. Mankin et Academy of Sciences 1991). moralistic sentiments characterized al. (1999) report that nearly all re- The benefits of working with wild- by a primary concern for the right or spondents to their questionnaire of life species to maintain or comple- wrong treatment of animals (Kellert urban and rural residents of Illinois ment environmental factors impor- and Berry 1980). These changing val- indicated that wildlife was important tant to humans has only recently ues have influenced how Americans to them, with nearly 60 percent indi- begun to be explored. Beavers, for ex- view such activities as hunting and cating that it was very important. ample, can improve watersheds nega- trapping (Gentile 1987); noncon- Nearly half of the urban respondents tively affected by human activity, but sumptive uses of wild animals (Shaw indicated they valued wildlife as much because of their early and near-com- and Mangun 1984); wildlife educa- as pets, with a quarter assigning equal plete extirpation from most of North tion (Adams and Leedy 1987); wildlife value to humans. Goode (1993) notes America (Novak 1987), few people conservation (Hunter 1989); and that urban wildlife programs and nat- recognize their potential contribu- wildlife damage control (Flyger et al. ural-area conservation in Great Bri- tions. Among these are reduction in 1983). Urbanites can be selective, tain give considerable weight to the the extent and severity of floods due however. Some animal groups, such “value and benefits of ordinary wildlife to the buffering effect of beaver im- as songbirds, are held in high esteem to local people,” an extremely impor- poundments; settling of turbid, sedi- (Dagg 1974; Szot 1975; Brown et al. tant concept that is often overlooked ment-laden urban runoff to include 1979), while others, such as coyotes in this time when wildlife’s scarcity, the precipitation of harmful industri- and snakes, are much less appreciat- rarity, and disappearance command al products such as heavy metal ed and sometimes even completely such attention. residues; a net increase in the area of untolerated (Flyger et al. 1983; Attributing value to wildlife or to urban wetlands; the creation of new Kellert 1996). wildlife habitat can be difficult. Con- wetlands; and the addition of habitat However urbanites feel about spe- cepts regarding wildlife valuation for sensitive and threatened plant and cific wildlife species, their attitudes range from the idea of inherent or in- animal species (Hammerson 1994). toward control practices tend to trinsic value (Norton 1987), through Public attitudes concerning conflicts strongly favor nonlethal approaches. those addressing the legal rights and with such animals could change dra- Marion (1988) found in a survey of

172 The State of the Animals: 2001 state extension service offices that 55 mentioned as problems in most urban tarian and materialistic perspectives percent of the public contacted re- wildlife damage surveys conducted (e.g., Robinson and Bolen 1984). The garding urban wildlife conflicts did throughout the 1970s, white-tailed consumptive use of animals superced- not want animals to be harmed by deer increasingly have been men- ed other concerns. “Surplus,” “ex- control procedures. An even higher tioned as an emerging problem in cess,” or “expendable” segments of percentage (78 percent) were willing urban areas (Witham and Jones 1990; wildlife populations were to be to implement prevention and control Decker and Gavin 1987), and public “taken” under regulated hunting and measures. Braband and Clark (1992) attitudes seem to be shifting to more trapping protocols that did not influ- found that 89 percent of the cus- negative sentiments as a conse- ence the overall health of the popula- tomers they contacted in conjunction quence. Canada geese, as well, seem tion but maintained numbers at with a private wildlife control busi- to be attracting more widespread dis- desired levels. Those levels were typi- ness felt that humane treatment (i.e., approval as they enter into greater cally set at a point where harvesters people’s feelings about the reduction contact with urban and suburban res- and recreational users had a maxi- of pain felt by an animal in a nuisance idents (Addison and Amernic 1983; mum number of animals available to control situation) was either “very” Conover and Chasko 1985; Ankney them, while commercial interests, or “moderately” important. Almost 1996; Hope 2000). The rapidity with typically agriculture, suffered a mini- half (44 percent) of those responding which animals such as geese and deer mum of economic damage from those indicated they would pay more for have not only accommodated to animals. services that ensured this sort of urban and suburban living but also This traditionalist orientation in treatment. However, attitudes about become problematic suggests that the United States led to wildlife man- lethal control as an appropriate other species may rapidly follow suit. agement being considered synony- means of resolving conflicts was high Every effort should be made at an mous with “game management,” the for many species, including rats and early stage in urban wildlife planning title of the first text on the subject mice (95 percent), bats (71 percent), to anticipate and head off such situa- (Leopold 1933). “Nongame manage- pigeons (60 percent), and skunks (57 tions. Given the physical and socio- ment,” a term that came into use dur- percent), indicating that negative economic heterogeneity of cities, as ing the 1970s (Clawson 1986), refers feelings about some species overrode well as the social and cultural varia- to managers’ activities that involve any broader concept of animal wel- tion within urban populations, the species not typically pursued for com- fare. Marion et al. (1999), while not existing attitude surveys on urban mercial or utilitarian purposes. specifically querying for lethal versus wildlife probably reflect only a small Temple (1986) recognizes four cat- nonlethal control, found more than part of the range of potential values egories of animals within a nongame 80 percent of respondents indicating and sentiments about urban wildlife classification scheme: pest species, that they tolerated the “nuisance” and human-wildlife conflict-resolu- endangered species, rare species, and presented by wildlife during conflict tion strategies. More contemporary species that do not require manage- situations, with fewer than 10 percent and comprehensive surveys must be ment. Pest species largely included of the urbanites questioned having conducted to explain both this vari- animals found in urban and suburban tried lethal control for an offending ability and the potential for rapid environments. Unlike funding for animal. change in the nature of, and attitudes game programs, which is largely sup- The relationship between positive toward, future conflicts. ported through the federal Pittman- feelings about an individual animal Roberston initiative, funding for non- species and its status as a “problem” game species comes from voluntary or “nuisance” animal should be intu- Urban Wildlife contributions, income-tax check-offs, itively an inverse one, but this is and a variety of special taxes (Robin- apparently not always the case. The Management son and Bolen 1984). Federal legisla- gray squirrel (Sciurus carolinensis), Interest in wildlife conservation—as tion to fund comprehensive conserva- for example, ranks very high as a nui- well as recognition that good scientif- tion planning was enacted as the Fish sance species while maintaining a ic information was needed to achieve and Wildlife Conservation Act of position as an animal for which affec- conservation goals—arose around the 1980. Unlike Pittman-Robertson mon- tion remains high (Dagg 1973; Brown turn of the twentieth century as a ies, which are funded through excise et al. 1979; Witter et al. 1981; O’Don- response to the near-complete de- taxes, this initiative was to be funded nell and VanDruff 1983; Gilbert struction of many animal species and through appropriations from the fed- 1989). This suggests that public opin- their habitats on a continent-wide eral budget—appropriations that ion is strongly situational, at least for basis (Matthiessen 1987). Nonethe- were never approved (Manville 1989). some species. Rapid change in public less, traditional wildlife management Both endangered and rare species are sentiment may be indicated by shift- perspectives grew out of a view of wild the focus of special funding efforts ing attitudes toward species such as animals as a renewable resource and and regulatory and statutory atten- deer and geese. While they were not emphasized management from utili- tion, but little if any attention is

Urban Wildlife 173 focused on the “pest” and “other” animals (Kirkwood 1998). Shelter recreational wildlife trappers, with lit- species categories, into which a personnel are often the first to tle understanding of the behavior and majority of urban wildlife would fall. respond to wildlife emergencies or to ecology of urban wild animals beyond Once urban species become more be called to a scene by law enforce- what is needed to capture them, to noticeable, they may be branded ment. Shelters may routinely handle highly skilled wildlife professionals, “overabundant” and subjected to sick and injured wild animals, who often hold advanced academic calls for management from a tradi- respond to road fatalities, and extri- degrees. Organization of these busi- tionalist perspective (e.g., Ankney cate animals roaming at large in nesses through franchising opera- 1996; McCombie 1999). However, by buildings. Shelter personnel often are tions places many practitioners on a far the majority of calls for manage- untrained for these tasks, but may solid footing in a business sense, ment of urban wildlife comes from be highly skilled and motivated to while “fly-by-night” operators engage concern over “nuisance” or “pest” learn; have law enforcement au- in irresponsible business practices species near individual houses. Ironi- thority, and can work from within es- such as price-gouging. The fly-by- cally, this may be one of the reasons tablished infrastructures. Although nighters are of particular concern to that traditional wildlife managers funding and resource limitations animal protection interests, since the have eschewed involvement in urban might be seen as obstacles to such in- wildlife control industry is particular- wildlife issues (Lyons and Leedy dividuals’ involvement, they are con- ly susceptible to profiting from the 1984). Another may be that tradi- cerns for which solutions can readily provision of incomplete or inadequate tional approaches in wildlife manage- be found. For example, a local animal services. A practitioner may not rec- ment may not be applicable to urban shelter might run a wildlife control ommend that a chimney be capped to settings (San Julian 1987; Hadidian advice and response service as a for- permanently seal out future occupan- et al. 1997a). A shift to “problem-ori- fee option under its larger nonprofit cy by a raccoon or squirrel, for exam- ented” management of urban wildlife operation. Costs for both advice and ple, virtually guaranteeing that ano- means that other factors have to be service could be covered by service ther visit (and payment for service) taken into consideration, including charges competitive with private-sec- will be necessary. Eventually, state human health and safety issues, envi- tor rates. and municipal oversight, public vigi- ronmental damage, biological di- The private-sector nuisance-wildlife lance, better public education, and versity, and protection of private pro- control industry will also increasingly peer influence, should force standard- perty. The “control” of “problem” play a role in urban wildlife conflict ization and policing of the industry. urban wildlife is likely to be needed at resolution. This industry has devel- Animal protection interests and the times that don’t coincide with hunt- oped partly from within and partly private wildlife control industry will ing and trapping seasons. from outside the context of tradition- always argue over whether a majority Conflicts with urban species may, in al wildlife management (Braband and of “nuisance” complaints can be re- fact, be greatest at such biologically Clark 1992; Barnes 1993; Curtis et al. solved without handling, much less sensitive times as when young are be- 1995). The growth of the industry has killing, the animal. Private operators ing reared, raising moral and ethical been rapid. In New York private wild- will always be torn between earning a questions concerning how manage- life control operations grew by 309 service fee and providing free advice ment programs are implemented. In percent over a six-year period in the that allows homeowners to resolve the past, private citizens (animal res- mid-1980s, with more than eleven conflicts themselves. cuers and rehabilitators), law enforce- thousand wildlife complaints handled Another emerging resource is the ment personnel, university extension in 1989–90 alone (Curtis et al. 1995). wildlife rehabilitation community. specialists, and nature centers were Little is known of the nature, scope, Wildlife rehabilitators range from in- often the only resources available to and extent of the activities of nui- dividuals with little or no background guide urbanites in resolving conflicts sance-wildlife control operators, and and training with wild animals to with wildlife or responding to wildlife virtually nothing can be said yet of highly skilled professionals with ad- emergencies. Forces are now emerg- the biological and ecological conse- vanced degrees in wildlife science or ing to address human-wildlife conflict quences of this industry’s activities. veterinary medicine. Once a “kitchen resolution in urban areas: animal shel- Thousands, perhaps tens of thou- operation” in which injured and ter and control agencies, wildlife reha- sands, of “nuisance” animals are orphaned animals were taken into pri- bilitators, the private wildlife control taken by trapping businesses in hun- vate homes and given compassionate, industry, and others. dreds of municipal areas annually, but if sometimes misguided, care, wildlife Municipal animal shelters and ani- virtually nothing is done to document rehabilitation is now emerging as an mal control agencies, as well as law and publish summary statistics re- organized discipline. An established enforcement agencies, typically do garding this activity. body of knowledge is applied to not have a mandate to deal with wild- The “nuisance” wildlife control diverse species and situations, some- life issues but become involved in industry is in a formative period in times through “kitchen operations” handling significant numbers of wild which its “professionals” range from but increasingly through professional-

174 The State of the Animals: 2001 ly staffed wildlife centers. Rehabilita- euthanasia2; consumer education and cally valuable trees in a downtown tors are increasingly at the center of protection; threshold of damage; and Washington, D.C., park, and efforts to “nuisance” wildlife control, even use of integrated pest management trap and relocate squirrels had been though the only reason may be their [IPM]3 strategies) to yield an ideal under way for some time before local inherent interest in limiting the num- score of 10 for any state that provided and national humane organizations ber of “orphaned” animals that come regulatory oversight for each catego- challenged the National Park Service to them for care. Many such orphaned ry. The mean score for states was 2.16 to document and authenticate its young are by-products of wildlife con- (range 0–7), with a mode of 0 (four- claims (Manski et al. 1981). This was trol activities during which adult ani- teen states received this score) and a done, and a management plan was mals are either forcibly separated median of 1.75. created under which a one-time re- from dependent offspring or eutha- Changes in the social acceptance of moval of squirrels was to be coupled nized under state law. As a result, animal damage management and ver- with the removal of older den trees rehabilitation facilities are often tebrate pest control require reexami- and some artificial nest boxes that swamped with incoming floods of nation of the structure of federal and provided harborage (Hadidian et al. orphans. Larger centers, especially, state programs and more input from 1987). These actions, together with may decide to solve problems for these programs into private-industry voluntary reduction in feeding activi- homeowners in self-defense. Wildlife initiatives. Traditional wildlife dam- ties by a small but active group of in- hotlines that provide advice or refer- age control programs must ask fun- dividuals, led to a long-term stabiliza- rals to “humane” wildlife control damental questions with greater sci- tion of the population that left operators are providing such proac- entific rigor (Hone 1996); address damage at an acceptable level. tive outreach. growing public demand for account- Unknown, however, are the conse- Regulatory authority and program- ability in the use of chemicals, par- quences of “humane” control of pop- matic responsibility for urban wildlife ticularly toxicants; and satisfy grow- ulations through limiting access to remain with federal, state, and mu- ing public demand for solutions that food, water, and shelter. Did the sta- nicipal agencies and wildlife organiza- include nonlethal options before le- bilization of the squirrel population tions. Absent a funding break- thal alternatives are considered. Bor- in this small park cause increased through, it is unlikely that state rowing from IPM, many specialists are mortality in subsequent litters? Were wildlife agencies will greatly augment acquiescing to this demand. They “surplus” squirrels forced to leave the their urban wildlife programs and advocate approaches to wildlife dam- area, at greater risk for mortality? To activities in the near future. Instead, age management that, depending on date, relatively little attention has their role in regulatory oversight and the species and nature of the problem focused on such questions. program planning appears to be involved, move from nonlethal to le- As such issues remain, The HSUS where they will have the most impact. thal control only when circumstances has begun to identify a multi-step Current regulations in most states dictate no other recourse (Dent process of problem evaluation and are insufficient to ensure either the 1995; Hone 1996). Federal agencies response (Hadidian et al. 1997) for protection of public interest or the are directed to use IPM approaches homeowners and the general public. humane treatment of animals them- (U.S. Government 1979), and the The approach is based on using so- selves. Several surveys of state regula- principal federal agency responsible lutions to conflicts that are “envi- tory and statutory oversight of the for wildlife damage control, the U.S. ronmentally sound, lasting, and hu- wildlife-control industry suggest that Department of Agriculture’s Wildlife mane.” It is fundamentally hierar- regulations or statutes advising oper- Services (WS) has created an Inte- chical, moving from least to most ators to humanely handle, transport, grated Wildlife Damage Management invasive in its applied procedures. or euthanize “problem” wild animals concept to direct its activities (USDA Understanding is an important generally don’t exist, and that even 1994). Slate et al. (1992) describe a component in any wildlife conflict, licensing and reporting requirements decision-making model to determine since the magnitude of the problem are absent in many of the states the need for action and appropriate must be weighed against the conse- (Brammer et al. 1994; LaVine et al. responses that emphasize nonlethal quences of human intervention. Tol- 1996; Barnes 1997; Hadidian et al. in methods. erance of a wild animal’s presence— press). In a recent poll of the fifty Relatively few case histories demon- and the ability to accept some states by The Humane Society of the strating the IPM approach in urban “damage”—should always be the first United States (HSUS) (Hadidian et areas can be found outside of com- option considered. If tolerance clear- al. in press), a rating of 1 or 0 was giv- mensal rodent management, but ly is not enough of a response, then en in each of ten categories (license there is information on the use of other nonlethal approaches should be and permit requirements; training, such an approach to relieve a gray considered. These range from chang- examination, and related require- squirrel (Sciurus carolinensis) prob- ing human activity (such as trash ments; re-certification; reporting; lem. Substantial damage had been management), modifying habitat, translocation1; humane treatment; claimed to bulbs, flowers, and histori- and using scaring and mild harass-

Urban Wildlife 175 ment strategies to employing repel- from hydrologist to social scientist, porating themselves as nonprofit or- lents and exclusionary strategies. proposed by Dorney as necessary to ganizations. Trapping and relocating or killing of- environmental management, com- It is often said that urbanites are so fending animals is far more problem- bined with the need for political sup- ignorant of wildlife ecology that their atic and always unacceptable when it port, suggest a new approach may be concerns for the protection of urban is the sole response to a wildlife con- in order. wildlife and the humane treatment of flict. Lethal approaches should never wild animals are misplaced (Howard be employed unless all other practica- 1990). Where measured, this ecologi- ble options have been considered Animal Welfare cal ignorance does seem to exist; and/or tried or unless conditions can however, it can be found among peo- be changed to modify or eliminate the and Protection ple living in rural areas as well circumstances that led to the prob- (Kellert 1996). This ignorance can lem. Even then, killing as a means of Concerns lead to unrealistic and misguided “solving” a wildlife conflict is offensive In the nineteenth century, Henry attempts to impose “humane” solu- to large segments of the public (Reit- Bergh founded the American Society tions, such as wildlife translocation, er et al. 1999) and will be opposed by for the Prevention of Cruelty to Ani- on wildlife problems (Craven et al. animal protection interests. mals, the first animal welfare organi- 1998). But attention should first be With more than eight of every ten zation in the United States, in replaced on obvious human mistreat- Americans living in urban and subur- sponse to the treatment of the horses ment of wild animals. Wild animals ban areas, public and private re- used as draft animals in New York City may be mistreated by people (includ- sources and attention must be fo- (Zawistowski 1998). Once he was giving animal damage professionals or cused on their issues with wildlife. en the power under law to prosecute animal control professionals) out of Currently, no clear responsibilities or cases of animal abuse, however, one of ignorance or through deliberate acts roles exist for any private or public the first cases he brought to court of cruelty or indifference. They may entities to address urban wildlife was against a sea captain and his crew be mistreated on an institutional issues. The conflict that often accom- for the mistreatment of sea turtles level by instruments of policy or regu- panies issues should therefore be of kept alive as food aboard ship. The lation that allow mass poisoning or no surprise. Clearly, better under- judge threw the case out of court, rul- lethal control on a recurring and standing of the issues and the posi- ing that turtles were not animals and cyclical basis. tions of stakeholders is needed, and thus not covered in the newly pro- It is hardly surprising that we have compromise and synthesis will be mulgated cruelty statutes. Not a little information on how wild ani- important in determining the out- great deal has changed in the treat- mals and people interact in urban come of future programs. ment of many wildlife species since environments. What happens even in The core elements of one such ap- then. Although the welfare of domes- the average backyard may always be a proach have been outlined by Robert tic and companion animals is an on- mystery, but increased attention to Dorney (1989) as the framework for a going concern, any such considera- the links between childhood and new field, environmental manage- tion for wildlife has barely begun. adult violence toward animals and ment. It is envisioned as a consulting Potential topics range from the violence toward humans (Lockwood practice that combines elements of highly specific, such as the humane- and Ascione 1998) may result in bet- the “social, natural, engineering, de- ness of capture and handling tech- ter efforts to collect information on sign, and geographic services” work- niques for “nuisance” animals, to the extremely negative human-wildlife in- ing under a shared conceptual frame- very broad, such as conservation of teractions, at the least. work based on “a systems approach, a biological diversity in urbanizing Few in the professional communi- human ecology view, an environmen- areas. Several animal protection orga- ties have called for better under- tal ethic, and a willingness to work for nizations—The HSUS, the Fund for standing of animal welfare in the con- private, government, or community Animals, People for the Ethical Treat- text of wildlife damage or manage- groups in a political and legal con- ment of Animals, Animal Alliance of ment concerns (but see Schmidt text” (p. 5). Given the need in many Canada, the Massachusetts Society 1989a,b). Even among regulatory emerging human-wildlife conflicts for for the Prevention of Cruelty to Ani- agencies, such as state wildlife de- coordination among planners, public mals, and the Progressive Animal Wel- partments, oversight may be lacking. health specialists, wildlife specialists, fare Society, in Washington State— Of the states polled by The HSUS for technical personnel, and the public, it staff programs on wildlife issues. a recent survey of state oversight of is difficult to envision how the urban Clifton (1992) expressed what were the wildlife control industry (Hadidi- wildlife specialist of the future could some of the first published concerns an et al. in press), only thirty-two successfully operate with as narrow a from this perspective. Numerous ac- (slightly more than 60 percent) focus as the field now has. The more tivist and local groups have formed required individual homeowners or than a dozen specializations, ranging around particular issues, often incor- their agents to apply for permits to

176 The State of the Animals: 2001 “control” wildlife on their property. while at the same time allowing “nui- even when nonhuman members of Fewer (seventeen) required private sance” geese to be taken under per- the biotic community are accorded nuisance-wildlife control businesses mit. Some states have assumed re- rights, those rights become priori- to be licensed, and only three states sponsibility for overseeing “nuisance” tized based on the contribution of required licensed nuisance-wildlife goose programs, some of which in- each to that community. Thus a rare control operators to comply with volve capturing geese that are molt- wildflower could be accorded higher established handling, transportation, ing and killing them in commercial priority within the community than and care standards. poultry houses. Others are allowing would a human, since humans are Beyond animal protection advo- private nuisance wildlife control busi- plentiful. But the concept of biotic cates’ concern for the fate of individ- nesses and federal animal damage right as a cornerstone of the land eth- ual animals in urban and suburban control agents to engage in lethal ic advocated by Leopold, and the envi- environments lies the broader need to control programs without state in- ronmental ethic that derives from it, consider the fate of entire animal volvement. With the increasing inter- is not so estranged from the animal populations and communities of or- est in urban wildlife management, the rights concepts advocated by Regan ganisms. The example of government reluctance of many regulatory and and others that common ground can- oversight of Canada geese is illumi- oversight agencies to engage more not be reached. A Leopold essay writ- nating. Early in the last century, giant immediately in emerging programs ten in 1923 but published only Canada goose (Branta canadensis will set precedents that will affect recently argued that the earth is an maxima) populations were so victim- them for years to come. “organism possessing a certain kind ized by overhunting and exploitation Concern for land and ecosystem and degree of life” (1979), suggesting for market that there was concern protection has traditionally been an common ground between Leopold that they had been driven to extinc- interest of conservationists and envi- and much of the thinking that comes tion (Hansen 1965). When a few ronmentalists. Clearly, however, the from the Deep Ecology and animal small breeding populations were dis- animal protection community’s wild- rights movements (Nash 1989). covered in the mid-1960s, extensive life concerns cannot be addressed It is the concept of biocentrism efforts were undertaken to repatriate without considering ecosystem and (Nash 1989) that provides propo- this race of Canada goose to its for- environmental concepts. Aldo Leo- nents of the environment and advo- mer—and to new—ranges. These pold’s 1949 articulation of the con- cates of those parts of the environ- restocking programs proved success- cept of a land ethic marks the emer- ment that exhibit unusually high ful, and goose populations grew to gence in contemporary environ- levels of sentience and sensitivity the point where, by the mid-1980s, mental thinking of a holistic concept (i.e., animals) with common ground. many were considered problematic that embraces people, animals, and Biocentrism seeks the extension of (Conover and Chasko 1985). As year- land. Largely neglected for two the rights, privileges, and protection round residents, geese quickly adapt- decades, the concept of a land ethic given as our moral responsibility to ed to the prime urban and suburban was joined in the mid-1970s by the fellow humans to other living things sites that provided shelter and food, concern for environmental injury that and, potentially, to the nonliving as including golf courses, playing fields, had been articulated in Rachel Car- well. Biocentric thinking incorpo- and public open space where humans son’s Silent Spring (1962). rates the idea of recognizing the and geese were bound to come into Leopold (1949) called for a land rights of every form of life to function conflict. The debate over the extent ethic as a revolutionary shift in the normally in an ecosystem (Nash of goose “damage” to landscapes, the way humans viewed their relationship 1989). It understandably conflicts potential for human health and safety to the land and the animals and with traditional conceptions of hu- issues associated with growing popu- plants supported by it. He lamented mans as preeminent over other living lations of these birds, and the extent that the relationship between people things (e.g., Bidinotto 1992). From to which nonlethal strategies (includ- and the land was primarily economic this derives the fundamental, underlying habitat management) have been and entailed “privileges, but not ing tenet of an animal welfare per- attempted prior to adoption of lethal- obligations.” Leopold was a hunter, spective on urban wildlife: to seek and control programs has led to con- and his concern for the land and its advocate life-affirming solutions to frontations between wildlife manage- biotic community has been called an- conflicts with wild animals. ment agencies and animal protection tithetical to that of the movement for groups. A complex interplay between individual animals and extending federal authority (largely derived rights to nonhumans. In fact, Regan from the MBTA) and federal and state (1983) went so far as to suggest that responsibilities (largely derived from Leopold’s biotic community view- statutory trust or tradition) appears point could be dubbed “environmen- to be unfolding. Federal managers are tal fascism” (p. 362). This characteri- struggling with adhering to the MBTA zation springs from the premise that,

Urban Wildlife 177 uncaring. Urban wildlife problems Babbitt, B. 1999. Noah’s mandate Prognosis: must be approached as ecosystem and the birth of urban bioplanning. problems where, along with the goal Conservation Biology 13: 677–78. Cities and of controlling animal damage, suc- Baines, C. 1986. The wild side of cessful strategies will stress the devel- town. London: BBC Publications Wildlife opment of harmonious relationships and Elm Tree Books. The demands and requirements of within which the needs of all species Barber, L. 1980. The heyday of natur- the urban human population control are properly balanced. We stand at al history. Garden City, N.Y.: Dou- the global ecosystem (Vitousek et al. that crossroads. bleday and Company, Inc. 1997). Wildlife is a preferred compo- Barnes, T.G. 1993. A survey compari- nent of natural systems, one in which Notes son of pest control and nuisance humans typically vest more interest wildlife control operators in Ken- and attention than they do to physical 1Translocation is defined as the transport and tucky. In Proceedings of the Sixth environments or even other living release of wild animals from one location to Eastern Wildlife Damage Control communities. How the quality of the another (Craven et al. 1998). 2Euthanasia literally means “good death” and Conference. human environment is improved and is a term frequently used to describe veterinary- ——————. 1997. State agency enhanced by wildlife is an issue that approved methods of killing companion animals. oversight of the nuisance wildlife will engage much attention as human 3IPM is defined as a decision-making process that emphasizes monitoring and action when control industry. 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182 The State of the Animals: 2001 Fertility Control in Animals 12CHAPTER

Jay F. Kirkpatrick and Allen T. Rutberg

From Mortality Control to Fertility Control or most of the twentieth centu- license sales and Pittman-Robertson severe wildlife conflicts arise in loca- ry, government agencies charged grants), volunteer labor, and a dedi- tions that are effectively unhuntable, Fby law with managing wildlife were cated political constituency. such as parks, research campuses, and dedicated to building the size and At the beginning of the twenty-first suburban neighborhoods. Killing of productivity of populations of game century, this neat system is unravel- some species, such as wild horses, is species. Under a utilitarian philoso- ing. Demographic changes are pro- simply unacceptable to the public. phy of wildlife conservation, this ded- ducing a shrinking and aging popula- The public’s tolerance of invasions of ication made sense and, in its time, tion of hunters and trappers (hunters, their parks and backyards by armed was arguably a highly progressive for example, now represent only 7 strangers is declining just as its sym- view of wildlife (Dunlap 1988). percent of the total U.S. population) pathy for wild animals and its interest In the United States, state game (U.S. Fish and Wildlife Service 1997); in nonlethal solutions to wildlife prob- management went far to reverse the a growing public appreciation of lems are rising. wildlife catastrophe of the nineteenth “nongame” species that have been While the public is searching for century. In the 1800s hunting and neglected, and even harmed, by new, humane approaches to solving trapping for commercial markets management of game species; and conflicts with wildlife, state wildlife drove Carolina parakeets and passen- changes in public values, from utili- agencies persist in recommending ger pigeons extinct and nearly extir- tarian views to moral views of wildlife hunting and its variations. Wildlife pated bison, elk, deer, beavers, egrets, (Kellert 1985; Dunlap 1988). The agencies in some states, such as New waterfowl, songbirds, and any other biggest challenge to the system may York, are required by law to promote furred or feathered creature that could arise from the failure of state agen- recreational hunting (Marion 1987). make a meal or adorn a hat (Tober cies to respond effectively to the But, more pervasively, most state 1981). Predatory birds and mammals problems associated with dense popu- agency personnel have strong cultur- were shot on sight because of the lations of deer, geese, and other al and political links to the hunting threat they posed to domestic live- species, especially in urban and sub- and trapping community. This com- stock and poultry and because they urban communities. munity is (somewhat irrationally) hos- were believed by some to be genuine- How could a system founded on tile to the concept of nonlethal man- ly evil (Dunlap 1988).1 hunting and trapping—killing—find agement of wildlife (Kirkpatrick and Through an aggressive program of itself unable to control wildlife popu- Turner 1995; Hagood 1997). Wildlife reintroduction, habitat management, lations and solve problems associated agencies’ advocacy of hunting and and restrictions on killing, state wild- with abundant wildlife? There are sev- trapping is coupled with a reluctance life agencies succeeded in restoring eral reasons. Reflecting cultural atti- to pursue or encourage research into populations of deer, elk, beavers, tudes—and regulations—that discour- other approaches. As a result, the pub- otters, waterfowl, and other game and age the killing of females, public lic is turning elsewhere for solutions. fur-bearing species (Gilbert and Dodds hunting has focused on removing There are, effectively, only two 1992). The linchpin of this effort was male deer and other big-game ani- choices for actively managing the size recreational hunting and trapping, mals, leaving populations streamlined of animal populations: reducing the which furnished funding (through for reproduction. Many of the most birth rate and increasing the death

183 rate. (Local population size may also proaches and, more specifically, the passed the rigorous regulatory re- be controlled by movement of individ- nature of the chemicals, hormones, quirements of today’s FDA or Envi- uals in and out; but when the size and other compounds that have been ronmental Protection Agency (EPA). of animal populations concerns us, applied to various species. Chronolog- Some nonhormonal compounds movement of individuals merely relo- ically, these approaches can be classi- were derived from plant products and cates the concerns. We are not fied as (1) nonhormonal chemicals, based on historical evidence that absolved of our responsibility for ani- (2) steroid hormones, (3) non- Native Americans used certain plants mals simply because they go some- steroidal hormones, (4) barrier meth- for contraceptive purposes. A comp- where else.) Killing certainly can ods, and (5) immunocontraceptives. rehensive review (Farnsworth and reduce and even destroy wildlife pop- This oversimplification is com- Waller 1982) listed fifty plant families ulations if enough animals of the pounded by the various permutations with documented antifertility effects right description are removed from of chemical agent, delivery system, in males and females. Despite some the population. Until the last decade and specific species. For example, a controlled tests with laboratory ani- of the twentieth century, however, fer- contraceptive can be delivered (1) mals (Cranston 1945; Barfnect and tility control for wildlife was not seen orally, (2) by surgically placed im- Peng 1968) and a few wild species of as a feasible option. plant, (3) by hand-injection, or (4) by rodents (Berger et al. 1977) and re- Everything changed between 1988 remotely delivered dart.2 The histori- ports of occasional interference with and 1989. The successful use of a cal development of wildlife contracep- fertility in humans (Shao 1987), few remotely deliverable immunocontra- tives had to take into account whe- investigators have attempted to ex- ceptive on free-ranging wild horses at ther the animal was (1) small and ploit these naturally occurring sub- Assateague Island National Seashore, easily live-trapped, (2) usually wary stances to control reproduction in in Maryland, opened a new universe of and unapproachable, (3) living in a wildlife. This area remains a fertile possibilities for the humane, non- captive setting, (4) capable of being subject for interested scientists. lethal control of wildlife populations. induced to take baits, or (5) classified as a food animal by the U.S. Food and Steroid Hormones Drug Administration (FDA). Research into the use of steroid hor- The History of mones for wildlife fertility control be- Nonhormonal came common in the 1960s and ’70s Wildlife Fertility Compounds and was based on the research origi- Nonhormonal compounds have been nally directed at human fertility con- Control trol (Pincus et al. 1958). In general, The history of wildlife fertility control used most extensively in birds. Some steroid hormones work as contracep- and its application to the manage- of the compounds used were classi- tives by feeding back upon the hypo- ment of free-roaming and captive fied as fungicides and seed disinfec- thalamus and/or pituitary glands and wildlife populations is relatively short, tants (Arasan®, DuPont Co.) (Elder depressing gonadotropic hormones, perhaps no more than fifty years. 1964), others as anticholesterol thereby reducing or eliminating ovu- Until the late 1980s, wildlife contra- agents (22,25-diacholesterol dihy- lation or spermatogenesis, or by ception was a “boutique” subject drochloride, later marketed as Orni- changing the speed with which the among scientists and wildlife man- trol®, G. D. Searle and Co.) (Wofford ovum moves through the oviducts. agers. This lack of interest is a bit sur- and Elder 1967). In both cases, fertil- Diethylstilbestrol (DES, a synthetic prising, because the technology devel- ity was inhibited but toxic effects estrogen) was introduced into bait oped for contraception in humans has made the compounds unacceptable. and fed to foxes (Vulpes vulpes) (Lin- been impressive and its application to Most of the other compounds used hart and Enders 1964; Cheatum wildlife is fundamentally sound, at for birds (thiotepta and triethylene 1967; Oleyar and McGinnes 1974; least in a pharmacological context. melamine) had similar shortcomings Allen 1982), coyotes (Canis latrans) Various compounds developed for use (Davis 1959, 1962). In general, non- (Balser 1964; Brushman et al. 1967), in humans were first tested in animal hormonal compounds were aban- whitetailed deer (Odocoileus virgini- models. The resistance to new ap- doned because of their accompanying anus) (Harder 1971; Harder and proaches in wildlife management, toxic effects. While some degree of Peterle 1974), and black-tailed which played a significant role in the contraception, and in a few cases ster- prairie dogs (Cynomys ludovicianus) slow pace of development and interest ilization, could be achieved, the ad- (Garrott and Franklin 1983) with sig- in wildlife contraception, stem not ministered dose had to be very pre- nificant contraceptive effects. Anoth- from science but from a variety of so- cise. This was not possible with oral er steroid, mestranol, which is closely cial, cultural, and economic factors. delivery in wildlife. In addition, the related to DES, was fed to red foxes That said, the history of wildlife mechanisms of action were poorly (Storm and Sanderson 1969), small contraception can be traced broadly understood, and it is unlikely that any rodents (voles, rats, and mice) (Marsh by examining the technological ap- of these compounds could have

184 The State of the Animals: 2001 and Howard 1969; Howard and Marsh (Buergelt and Kollias 1987). These of wildlife contraception exist (Kirk- 1969; Storm and Sanderson 1970), molecules were also shown to have patrick and Turner, 1985, 1991). and cats (Burke 1977) with some profound effects upon the behavior contraceptive success, but bait accep- of treated animals, something that Immunocontraception tance decreased quickly. At about the would be undesirable in valued wild- More recently, immunocontraception, same time, oral medroxyprogesterone life species. or vaccine-based fertility control, be- ® acetate (MPA) was tested in red foxes Norplant implants containing lev- came a reality for use in wildlife. Im- (Storm and Sanderson 1969). Shortly onorgestrol were effective in striped munocontraception is based on the thereafter, other investigators ex- skunks (Mephitis mephitis) (Bickle et same principles as is disease preven- plored the use of oral progestins for al. 1991), and raccoons (Procyon lotor) tion through vaccination. Humans controlling fertility in domestic can- (Kirkpatrick, unpublished data), which and other animals are vaccinated ids. Oral melengestrol acetate (MGA) could be easily captured in live traps in against diseases by injections of dead was highly effective in inhibiting fer- urban settings, but these two species or attenuated disease bacteria or vi- tility in dogs (Sokolowski and Van were clearly an exception to the practi- ruses or of molecules that are harm- Ravenswaay 1976) and a related com- cal application of injectable or implant less but similar to toxins the disease pound, megestrol acetate (MA), was steroids to larger species. organisms produce. The stimulated approved for commercial use in dogs immune systems then produce anti- ® (Ovaban , Schering Corporation) Nonsteroidal bodies against some essential event or (Wildt and Seager 1977). Hormones structure in the reproductive process. The use of these and similar oral A variety of immunocontraceptive steroid hormones in wildlife was re- Wildlife contraceptive research with nonsteroidal hormones has been large- vaccines are under development, in- stricted by problems with bait accep- cluding vaccines against brain repro- tance and dosage and by environmen- ly confined to agonists and antagonists of gonadotropin releasing hormone ductive hormones such as GnRH tal concerns, especially effects on (Hassan et al. 1985; Ladd et al. 1988, nontarget species (all these steroids (GnRH) (Becker and Katz 1997). Nor- mally GnRH signals the pituitary to se- 1989; Bell et al. 1997) and LH (Al- pass through the food chain). These Kafawi et al. 1974) and vaccines problems changed the focus of wild- crete the gonadotropin luteinizing hormone (LH) or follicle stimulating against sperm (Primikoff et al. 1988; life contraceptive research to more Herr et al. 1989) and egg (Florman narrowly targeted delivery systems. hormone (FSH), both necessary for normal function in the ovaries and and Wassarman 1985), which prevent Steroid hormones were administered fertilization. One of the first immuno- via injection or surgicallyplaced im- testes. The agonists and antagonists of GnRH block the effects of GnRH on logical approaches was a vaccine plants in wapiti (Cervus elaphus) against the zona pellucida of the (Greer et al. 1968), large exotic spe- the pituitary by one of several mechanisms. These compounds have been mammalian egg, which was patented cies of cats (Seal et al. 1976), deer as an antifertility agent in 1976 by R. (Bell and Peterle 1975; Levenson used successfully to inhibit fertility in dogs (Vickery et al. 1984, 1985; Inaba B. L. Gwatkin for Merck and Compa- 1984), and wild horses (Equus cabal- ny (Skinner et al. 1996). In 1988 this lus) (Kirkpatrick et al. 1982; Plotka et al. 1996), monkeys (Macaca spp.) (Fraser et al. 1987), and a variety of vaccine was applied to wild horses and Vevea 1990). Significant contra- with great success. Success with the ceptive effects were achieved in these other species. To date, however, these compounds have been short-lived in porcine zona pellucida vaccine (PZP) species, but several new problems has opened the door to a practical arose. Application of these steroids to their effects and require large doses for extended effectiveness. approach to wildlife fertility control; free-roaming wildlife required rela- since then other experiments with anti- tively large doses of the compounds, sperm vaccines have been initiated. negating the use of remote delivery Barrier Methods The biology of the PZP vaccine, via darts. This meant that each animal Mechanical birth control devices have which is derived from pig eggs, is had to be captured before it could be been tested in white-tailed deer (un- both simple and complex. An extra- hand-injected or given a surgical im- successfully), horses (successfully), cellular matrix known as the zona pel- plant. This was impractical with most and a variety of zoo animals (mixed lucida (ZP) surrounds all mammalian species, because of the stresses associ- results), but the logistics of applica- eggs. The ZP consists of three major ated with capture, the frequency with tion to free-roaming wildlife are pro- glycoprotein families, one of which, which the steroid had to be adminis- hibitory in most species. These meth- ZP3, is thought to be the principal tered, and the large doses that had to ods have included IUD-like barriers sperm receptor in most species (Pra- be administered. Unknown at the time for the deer (Matschke 1980) and sad et al. 2000). When the vaccine is but evident in later years were various horses (Daels and Hughes 1995) and injected into the muscle of the target pathologies that resulted from long- silastic vas deferens plugs in the zoo female animal, it stimulates her im- term use of these steroids, particularly animals (Porton et al. 1990). More mune system to produce antibodies among (but not restricted to) felids comprehensive reviews of the history

Fertility Control in Animals 185 against the vaccine. These antibodies to develop a single-dose form of the of capture-related stress. In other sit- attach themselves to the sperm re- vaccine that would provide at least uations, such as with wild horses in ceptors on the ZP of the target’s eggs one, and perhaps several, years of the West, hundreds of animals at a and distort their shape, thereby block- contraception from one application. time are rounded up for entry into ing fertilization (Florman and Wassar- (The use of the raw, native form of the adoption programs, and it is relative- man 1985). PZP vaccine requires two inoculations ly easy to hand-inject animals as they the first year, which can be very diffi- pass through a chute. cult with wary species like deer.) The For most species of wildlife, the only The Art challenge of elephant contraception, delivery option is by dart. It has ad- where doses of vaccine must be ten vantages and disadvantages. The most and Science times larger than standard wild-horse obvious advantage is that it eliminates or deer doses, raised the need for the the need for stressful capture of ani- of Wildlife development of a synthetic form of mals. The small volume of vaccine ne- the vaccine. The process of producing cessary to immunize an animal (1.0 Immunocon- the native PZP vaccine is laborious, cc) permits the use of very small and and the number of doses that can be light darts. This increases the effective traception produced in a year is limited at this range of darting and decreases the In the late 1980s, the failure to time by the production process. A chances of injury to the target animal. achieve practical results and the dan- synthetic form of the vaccine would The disadvantages include the need to gers associated with steroid hor- expand the application of wildlife con- approach the animal to within fifty mones had led to a reexamination of traception beyond present logistical meters, the need to separate the ani- the problems associated with wildlife restrictions and eliminate some of mals that have been inoculated from contraception. Research had been the regulatory concerns raised by the those that haven’t, and the labor-in- proceeding without an idealized stan- use of natural products. tensive nature of the endeavor. dard by which to evaluate each new The mere availability of a good phy- Despite the fact that inoculation of approach. Kirkpatrick and Turner siological immunocontraceptive does free-roaming wildlife with a contra- (1991) created such a standard, not insure its effective application to ceptive vaccine is at best difficult, a which included the following goals: wildlife. The first step in the develop- significant degree of success has been 1. Contraceptive effectiveness of at ment of a wildlife contraceptive is to achieved under field conditions. least 90 percent test its efficacy in captive animals or 2. The capacity for remote delivery domestic counterparts, but once this with no (or minimal) handling of ani- Wild Horses has been done and physiological effi- mals Liu et al. (1989) first discovered that cacy has been determined, strategies 3. Reversibility of contraceptive the PZP vaccine would inhibit fertility for application to free-roaming spe- effects (more important for some spe- in domestic mares. Soon after, wild cies must be developed. It is a large cies than for others) horses were treated with the PZP vac- leap from inoculating a deer in a pen 4. Safety for use in pregnant animals cine on Assateague Island National to inoculating a wild free-roaming 5. Absence of significant health Seashore, in Maryland; studies have deer; it’s yet another leap from ad- side effects, short or long term continued for twelve years. The vac- ministering the vaccine in the field to 6. No passage of the contraceptive cine was delivered remotely, with controlling a wildlife population. agent through the food chain small darts. Contraceptive efficacy Actual application to free-roaming 7. Minimal effects upon individual was greater than 95 percent (Kirk- species requires a variety of delivery and social behaviors patrick et al. 1990). The vaccine was and access strategies. Immunocon- 8. Low cost safe to administer to pregnant ani- traceptives can currently be delivered While some of these goals are more mals and did not interfere either with by intramuscular injection: an animal or less arbitrary, they at least provid- pregnancies in progress or the health must be given the vaccine either by ed reasonable guidelines for discus- of the foals born to inoculated moth- hand injection or by a dart. Two deliv- sion and planning. They were built ers. A single annual booster inocula- ery systems require at least two exclusively around wild-horse contra- tion was sufficient to maintain the access strategies. Hand injection reception and did not address all prob- contraceptive effects (Kirkpatrick et quires physical capture of the target lems associated with diverse species al. 1991), and contraception was animal; it increases the stress for the and settings. reversible after three and four years of target animal, danger to the per- In the development of the PZP vac- treatment (Kirkpatrick et al. 1992, son(s) doing the work, and expense. cine for certain species, some of these 1995a, 1996a). No changes occurred Although in some settings, such as problems became clear. The chal- in the social organization or behav- zoos, access is not so great a problem, lenge of deer contraception, for ex- iors of the treated animals. In 1994 it is not always possible to hand-inject ample, even in urban areas, was and is the National Park Service began the animals without causing some degree

186 The State of the Animals: 2001 management of the Assateague wild deer. Effects on captive deer resem- tion had risen to approximately 250, horses via the PZP vaccine and, after bled those in wild horses; the two- and it peaked at approximately 300 in only three years, the herd reached shot vaccine protocol was highly ef- autumn 1997 (Thiele 1999). By au- zero population growth (Kirkpatrick fective, the vaccine could be delivered tumn 1998, however, more than 90 1995; Kirkpatrick et al. 1997). This remotely, its effects were reversible percent of the NIST females were re- approach as of 2000 was being ap- after at least two years of treatment, ceiving PZP treatments, and the popu- plied to large wild-horse herds in Ne- and no health side effects were appar- lation had declined about 20 percent vada (Turner et al. 1996a), and trials ent (Turner et al. 1992, 1996c, 1997; below peak levels by spring 2000 with feral donkeys (E. asinus) in Vir- Kirkpatrick et al. 1997; see also (HSUS, unpublished data). Good ac- gin Islands National Park have been Miller et al. 1999). A subsequent trial cess to deer for treatment, high pop- successful (Turner et al. 1996b). with semi–free-roaming deer at the ulation mortality (the majority due to Smithsonian Institution’s Conserva- vehicle collisions), and relatively low White-Tailed and tion and Research Center, in Front reproductive rate all contributed to Royal, Virginia, provided evidence success in controlling this population. Black-Tailed Deer that the vaccine could be delivered re- Populations of white-tailed deer and, motely under field conditions; al- Zoo Animals to a lesser extent, black-tailed deer though there was evidence that PZP (O. hemionus) exploded in North A third application of the concept of treatments extended the mating sea- wildlife immunocontraception is the America during the last two to three son, treated females gained more decades of the twentieth century. The control of the production of “surplus” weight than untreated females, pre- animals in zoos. Despite often-heard causes of the population explosion sumably because they were spared the are undoubtedly complex. It is gener- discussions of the challenges of energetic costs of pregnancy and lac- breeding endangered species in cap- ally attributed to the use of high-yield tation (McShea et al. 1997). A study crops; the spread of deer-friendly sub- tivity, most zoo species breed quite begun in 1993 at Fire Island National successfully, and the production— urbs, which offer a diverse menu of Seashore, New York, launched a series heavily fertilized ornamental shrubs and disposition—of surplus animals is of field studies that explored the ef- perhaps the largest single problem and grasses intermingled with dis- fectiveness and costs of different field turbed “natural areas” such as small facing zoos worldwide. Beginning in techniques, vaccination schedules, 1990 the PZP vaccine was applied to parks and woodlots; increasingly mild and vaccine preparations, as well as winters; the absence of natural preda- various exotic species in zoos, begin- investigated effects of PZP on behav- ning with Przewalski’s horses (E. tors; and recreational hunting prac- ior and survival (Kirkpatrick et al. tices ill-suited to controlling deer przewalskii) and banteng (Bos jav- 1997; Thiele 1999; Walter 2000; anicus) at the Cologne Zoo (Kirk- populations in suburbs. Rudolf et al. 2000). The Fire Island With burgeoning deer populations patrick et al. 1995b), and five species study was the first to show that bio- of deer at the Bronx Zoo (now the and suburban sprawl has come a rapid logically significant numbers of fe- rise in conflicts between deer and Wildlife Conservation Center) (Kirk- males could be efficiently and effec- patrick et al. 1996b). The PZP vac- people. These have centered on an tively treated in the field; approx- increase in deer-vehicle collisions, cine has been tested in more than imately 200 females a year were under ninety species in more than seventy damage to crops and ornamental treatment by 1996. However, vaccine plants, undesirable impacts on some zoos worldwide (Frisbie and Kirk- effectiveness in this study was lower patrick 1998). Today it is reducing forest ecosystems, and tick-borne than in previous deer studies, espe- zoonotic diseases, particularly Lyme zoo births and providing some relief cially in the first year following treat- to the problem of surplus animals. disease (Conover 1997; Rutberg ment, probably due to incomplete 1997). There is now enormous inter- or misdelivered initial vaccinations African Elephants est in finding new tools that will allow (Kirkpatrick et al. 1997; Thiele 1999, people and deer to coexist, and much HSUS unpublished data). A fourth major application is under public attention has focused on im- The first demonstration that im- way in Africa. Devastated by the lucra- munocontraception. In autumn 1997 munocontraception reduced an un- tive trade in elephant ivory, popula- alone, for example, The Humane Soci- confined deer population was accom- tions of African elephants (Loxodonta ety of the United States (HSUS) re- plished at the National Institute of africana) were reduced to dangerous- ceived requests for information on Standards and Technology (NIST). ly low numbers during the 1970s and deer immunocontraception from peo- NIST, a 574-acre federal research facil- 1980s. Elephants basically retreated ple in more than sixty communities ity within the city of Gaithersburg, to the sanctuary of national parks. In across the United States. Maryland, supported a deer popula- the meantime, much former elephant The 1988–89 field demonstration tion of approximately 180 animals in habitat outside of these parks has on wild horses at Assateague spurred 1993. By the time PZP treatments come under intensive agricultural preliminary testing of PZP on captive began in autumn 1996, the popula- use. In a sense Africa’s elephant popu-

Fertility Control in Animals 187 lations are now trapped in the nation- tem of the treated animals (uteri and ner mark the animal as well as inocu- al parks. As poaching has diminished, ovaries) remained normal. late it, so that it could be distin- their numbers are increasing by as guished from untreated animals. The much as 5 percent per year. Ironically Other Species ZP antigen itself would be readily in some areas elephants are now In May 1997 ZooMontana, under con- available in large and inexpensive threatening both the ecosystems of tract to the U.S. Navy, began treating quantities,which suggests the need national parks and their own health. thirty water buffalo (Bubalis bubalis) for genetically-engineered or synthet- In recent years this problem has been on the island of Guam with the PZP ic forms. Current research addressing managed through “culling,” a eu- vaccine. Preliminary results indicate these goals is described below. phemism for shooting. Four African that the experiment significantly nations currently kill elephants in ord- reduced pregnancies in these ani- A One-Inoculation er to keep populations within the car- mals. These results have led to a new, rying capacity of their parks. (Kruger Vaccine five-year project by the U.S. Navy and The current vaccine requires animals National Park, in South Africa, killed the U.S. Fish and Wildlife Service 300 to 700 elephants annually for to be treated twice before full effec- using PZP to control water buffalo on tiveness is achieved, with the second thirty years but suspended culling in the U.S. naval base at Guam. This pro- 1995.) This is tragic, particularly for a vaccination being administered a few ject will set the important precedent weeks before the onset of the breed- species that is believed to understand of nonlethal control of wildlife by the the concept of death. ing season. However, it is quite diffi- Department of Defense. cult to treat individual wild animals In 1995 preliminary experiments On Point Reyes National Seashore provided evidence that the PZP vac- twice, and the time just prior to the in California, Tule elk (C. elaphus breeding season is not always the cine would work in elephants. Several nannodes) are being treated with PZP zoo elephants were treated with the most practical time for administering as part of a series of tests to deter- treatments. Consequently, research is vaccine and, while these were not mine whether the herd can be man- breeding animals, we determined focusing on the development and aged with contraception. Preliminary testing of a longer-acting one-inocula- that they produced antibodies against evidence shows that elk can be suc- the vaccine. In October 1996 twenty- tion vaccine. cessfully contracepted with PZP The first approach to a one-inocula- one elephants in Kruger National (Kirkpatrick et al. 1996b; Heilmann Park were captured, radio-collared, tion vaccine used microspheres et al. 1998; Shideler, personal com- formed from a lactide-glycolide poly- and treated with the PZP vaccine in munication). order to determine its contraceptive mer that is biodegradable after injec- efficacy. In November 1996 and again tion and nontoxic as it breaks down in June 1997, each treated elephant (Kreeger 1997; Turner et al. 1997). was given a single booster inoculation Research These microspheres can be engi- by means of a dart fired by a shooter in Progress neered to release the incorporated in a helicopter. None of the animals vaccine at varying rates by means of The PZP vaccine appears to come altering the size of the spheres and was captured for these booster inocu- close to the optimum contraceptive lations, proving that elephants need the ratio of lactide to glycolide agent when measured against the (Eldridge et al. 1989). In the first not be captured to be vaccinated “ideal” wildlife contraceptive. So far, (Fayrer-Hosken et al. 1997). In this experiment with these microspheres, at least, its physiological actions in wild horses in Nevada, a single inoc- trial pregnancy rates in elephants appear to be sound and safe; it does were reduced from 90 percent in un- ulation achieved the same degree of not appear to pass through the food contraception as two inoculations of treated control animals to approxi- chain; and it is not associated with mately 37.5 percent in treated ani- the raw vaccine. However, the spheres immune responses to somatic tissues clogged syringes, needles, and darts, mals. Based on the successful pre- (Turner et al. 1997; Barber and Fayr- liminary results, there may be a non- and delivery was impractical (Turner er-Hosken 2000). However, the ideal et al. 2001). This led to experiments lethal solution to the wise manage- wildlife contraceptive vaccine would ment of park elephants. Additional with small pellets, made of the same require only a single inoculation in material but shaped to fit into the studies designed to increase the effi- order to achieve several years of con- cacy of the vaccine in elephants were needle of a dart. When the pellets are traception. It would use adjuvants injected into the muscle of the ani- carried out in 1998. In this latest that have already been federally round of trials, fertility was reduced mal, along with a bolus of raw vaccine licensed for use in food animals, and adjuvant, they begin to erode, by 75 percent. There were no changes instead of the experimental or nonap- in behavior among the treated ani- releasing the vaccine at one and three proved adjuvants currently in use, or months. In an initial study with the mals, the contraceptive effects were use no adjuvants at all. The remote reversible, and the reproductive sys- pellets, antibody titers in domestic delivery system would in some man- mares remained at contraceptive lev-

188 The State of the Animals: 2001 els for close to a year, and in a small cine, and success may lead to more- there is a significant need to produce pilot study with wild mares, signifi- relaxed regulation of the vaccine by a synthetic form of the vaccine. cant contraception was achieved (Liu the FDA. A number of investigators have suc- and Turner, personal communica- Different adjuvants may target dif- cessfully cloned the protein backbone tion). Additional research is being car- ferent immune pathways, which has of the ZP molecules of several species ried out in an attempt to develop pel- important implications for both the (Harris et al. 1994; Prasad et al. lets that will release at nine months, mechanism and duration of action 2000). Thus far, however, they have thereby permitting two years of con- (Weeratna et al. 2000). PZP has been been unsuccessful at producing a traception from a single inoculation. assumed to work through short-term recombinant ZP with contraceptive A second approach involves the activation of the humoral immune sys- effects, probably because of difficul- packaging of the PZP vaccine in lipo- tem. However, some adjuvants appear ties in glycosylating this backbone. somes, which are formed from phos- to activate the cellular immune sys- This step is essential in order to pholipids and cholesterol in saline tem, which could lead to the destruc- impart adequate antigenicity to the (Brown et al. 1997a). This preparation of target tissues, such as the antigen. Even several large pharma- tion, which is being tested under the ovaries. Preliminary experiments sug- ceutical companies have failed in name SpayVac™ (NuTech, Halifax, gest that conjugation of PZP to other their attempts to produce a geneti- Canada), has shown especially immunogenic molecules, such as key- cally engineered form of the vaccine. promising results for gray seals (Hali- hole limpet hemocyanin (KLH) or Work on this project continues in sev- choerus grypus), some of which tetanus toxoid, may also activate the eral foreign companies and a number remained infertile for at least six cellular immune system. of research groups; among the most years after a single dose (Brown et al. Activation of the cellular immune promising approaches is conjugating 1996, 1997b). Published data con- system against the ZP protein could short sequences of the ZP antigen to cerning the effects of SpayVac in lead to irreversible sterilants, as well tetanus toxin or other nonspecific other species are limited at this time, as more effective contraceptives. The immune-system booster (Patterson et but there is considerable interest in ability to cause sterilization rather al. 1999; but see Kaul et al. 1996). further testing, which is under way. than temporary contraception may represent a huge advantage with Marking Darts, Oral PZP, Adjuvants, and some species in some situations, such as white-tailed deer or compan- Delivery, and the Immune System ion animals. Transmissible Vectors The PZP vaccine works in most mam- The ability to treat free-roaming malian species because the ZP mole- Genetically wildlife remotely with darts and know cule is similar, but not identical, Engineered which animals have been treated is among many species. The drawback essential in the course of most appli- to this similarity across species is that or Synthetic cations in wildlife management. To PZP is not very good at causing anti- ZP Vaccines this end, a dart has been developed by bodies to be formed. Thus, it must be Pneu-dart® that inoculates the animal given with a general immunostimu- Currently the PZP vaccine must be made as a natural product; the actual with vaccine and leaves a small paint lant known as an adjuvant. The adju- or dye mark on the animal at the vant, when given with a specific vac- glycoprotein antigen is extracted from the zona pellucida of pig eggs. same time. While this would not allow cine, causes the body to make greater long-term individual recognition, it concentrations of antibodies against Production of the vaccine is very labor intensive and must rely on an ade- would allow darters to discriminate the vaccine, which results in better between treated and untreated ani- contraception. The most effective quate supply of pig ovaries from slaughterhouses. It is unlikely that mals, which is all that is needed when available adjuvant, and the one em- success is measured by impact on the ployed in most previous PZP tests, is any given small laboratory operation can produce more than fifteen thou- population. At the present time, this known as Freund’s Complete Adju- dart works in a fairly reliable manner vant (FCA). In many species, however, sand 65 µg doses per year. That level of production can probably meet but only at relatively short ranges; FCA also causes localized inflamma- improvements are being pursued. The tion and tissue damage and may trig- demands for wild horses, zoo animals, and deer, but use in elephants (which various dyes tested thus far have also ger false-positive tuberculosis tests fallen short of the mark. Deer in par- after injection (Hanly et al. 1997). currently requires three 600 µg doses) and companion animals (which num- ticular have a tendency to lick the dye Thus, the FDA and other regulators, off the injection site. More perma- as well as those concerned with ani- ber in the hundreds of thousands or millions) will far exceed the ability to nent, nontoxic dyes must be found mal welfare, discourage its wide- that will survive attention by the tar- spread use. Several new adjuvants are produce the native PZP (see also the discussion of ethics, below). Thus, get animal and persist over at least a under study for use with the PZP vac- three-to-four-week period. Fertility Control in Animals 189 Delivering contraceptives to wildlife Abortifacients feral populations). Ideally, such a orally, in baits, would be easier and At least two research groups are seek- sterilant should also mimic the be- more cost effective than darting. ing to administer compounds that havioral and health effects of surgical However, for safety and ethical rea- will cause abortion in recipient ani- sterilization, including reduced ag- sons, both the public and regulatory mals. This has already been shown to gression in males and reduced inci- agencies are likely to demand that any be feasible in deer, with prostaglandin dence of ovarian cancer in females. oral contraceptive must be species F2 delivered remotely via biobullet As noted above, a number of hor- specific. This will be extremely diffi- (DeNicola et al. 1997). By its nature, monal methods have been used suc- cult and expensive to accomplish, and however, this method will require an- cessfully for contraception of dogs and little progress thus far has been nual application, and a multi-year cats (see “History of Wildlife Fertility made. A second problem is that the Control”). Some, including megestrol treatment will not be possible. More- ® PZP vaccine (or any ZP vaccine) is over, the social objections that will acetate (Ovaban ) and Mibolerone protein in nature and easily destroyed attend this method of wildlife control (the synthetic androgen “Cheque”), by the digestive process of most ani- make it an unlikely solution to large- are licensed for use as oral contracep- mals. Needed is a delivery system that scale management efforts, especially tives on dogs and/or cats. However, permits the undigested protein of the if a safe and effective contraceptive is behavioral and health side effects are antigen to pass into the lymph of the available. common, and they are of no use to target animal’s gastrointestinal sys- animal shelters or for control of stray tem. Several strategies to accomplish and feral populations, since effective- this are available. One is to insert a ness ends soon after treatment stops. ZP vaccine into a nontransmissible Immuno- Thus, immunological approaches bacterial or viral vector; this is the sterilization may prove more fruitful, and research approach used for the oral rabies vac- efforts in these fields have been accel- cine, which is incorporated into a for Companion erating. In an attempt to immunize Vaccinia (smallpox) vaccine (Bradley dogs against their own LH, injections et al. 1997; Linhart et al. 1997; Miller Animals of human chorionic gonadotropin 1997). Another method would be to The invention of an immunosterilant (hCG) were administered (Al-Kafawi incorporate the ZP vaccine into a for companion animals would be an et al. 1974). This experiment failed microcapsule designed to be ab- extraordinary gift to the millions of because canine LH did not crossreact sorbed through the lymphoid tissue dogs and cats worldwide who suffer with anti-hCG antibodies. An immun- (or other route) in the digestive tract and die each year for want of compas- ological approach to fertility control (Miller 1997). Until the species-speci- sionate care and loving homes. In the was also attempted in cats (Chan et ficity issue is resolved, however, solv- United States alone, an estimated 6 al. 1981). Feline ovaries were homog- ing the technical problems of oral to 8 million unwanted dogs and cats enized and used to raise rabbit anti- delivery will not move the idea far are euthanized in shelters each year, bodies against the protein fractions. toward management application. and countless other stray, feral, and The antibodies, when administered to Researchers working with the Aus- abandoned animals live and die under pregnant cats, caused some fetal re- tralian government are seeking to en- the harshest conditions imaginable. sorption, but the results were dis- gineer the genes for PZP and similar Elsewhere the situation for cats and couraging. As in dogs, nonspecificity contraceptive molecules into trans- dogs is far, far, worse. There are many of the antibody appeared to be the missible, nonpathogenic viruses for useful and important approaches to cause of failure. use in controlling populations of the problems faced by dogs and cats— In a different immunological ap- introduced wildlife species such as most notably, educational outreach by proach, male dogs were immunized European rabbits (Oryctolagus cun- animal shelters (in those communi- against their own GnRH (gonadotro- iculus) (Holland et al. 1997; Robinson ties that even have animal shelters). pin releasing hormone) with GnRH et al. 1997). These viruses would be However, only effective population conjugated to human serum globulin introduced into the wild populations, control will allow such problems to be or tetanus toxoid (Hassan et al. 1985; then transmitted from animal to ani- solved through these efforts. Ladd et al. 1994). Plasma testos- mal without further human interven- To be truly useful to animal shelters terone, LH, and sperm counts were all tion. While the approach is scientifi- and others trying to control stray and depressed; however, the effect was re- cally feasible, controlling the spread feral populations, the ideal immuno- versed when antibody levels dropped. of the vaccine would be a serious sterilant would require only one shot, A GnRH vaccine would have several problem, and such a vaccine would be free of harmful or unpleasant side important advantages. First, it should raise serious safety and environmen- effects, and cause permanent sterility work on both sexes. Second, it could tal concerns in the United States and (although a multi-year, one-shot con- convey the same benefits as surgical around the world (see the discussion traceptive vaccine might be some- sterilization, including loss of libido of ethics below). what helpful for controlling stray and and estrus, reduction of aggressive

190 The State of the Animals: 2001 behavior, and reduced incidence of re- archery manufacturers, the trapping hunting industry regularly feature productive tract cancers. and fur industries, and the other com- articles on how immunocontracep- Another promising approach to dog mercial interests that profit directly tion can’t work—it is too cumber- contraception/sterilization is immun- or indirectly from the killing of some and/or expensive, it is failing in ization with the PZP vaccine (Mahi- wildlife (Gill and Miller 1997; Hagood this way or that, and of course, it is Brown et al. 1985, 1988). Small and 1997). In this paradigm wildlife has inferior to hunting in every way. One infrequent doses of the PZP vaccine no value or significance apart from its more extreme hunting newsletter fea- appeared to cause cellular-mediated use. This is evident in the jargon of the tured a letter that drew parallels immune responses in bitches and led culture: deer are the “deer resource”; between our research and that of the to a longer-term infertility. Long-term beavers and otters are “fur bearers”; Nazis. In community deer meetings, studies were not carried out, but in wildlife is divided into “game” and angry hunters stand up one after an- the short term this cellular immune “nongame” species; ending an ani- other to denounce immunocontracep- response was associated with histo- mal’s life is “harvesting.” tion as a fraud, as a threat to wildlife logic alterations of the ovaries. Con- In a culture of use, contraception of management and a traditional way of cerns about potential pathologies “game” animals is illogical: why pre- life, as “playing God,” and as an anti- would have to be resolved before this vent animal births when you can in- hunting plot (Kirkpatrick and Turner approach could be considered safe stead stimulate births and “harvest” a 1997). A national bowhunting advoca- (Mahi-Brown et al. 1988). Some of surplus for human use? A choice to cy group recently began issuing action these concerns might be resolved by contracept rather than kill also intro- alerts notifying its members of our use of a more highly purified PZP duces into wildlife management a new public speaking engagements. preparation than was used in these moral dimension disconcerting to In the United States the culture of studies. As mentioned above, careful those who think in terms of exploita- wildlife use is waning, especially in the selection of recombinant ZP peptides tion: that each individual animal has a cities and suburbs, where most people should allow a more targeted immune claim on the world and on us, a claim now live (Kellert 1985, 1993). Interest response and help resolve these con- to its own life. Recognizing this claim in and support for wildlife immuno- cerns (Paterson et al. 1999; Prasad et collapses the jargon of “harvest” and contraception on the part of the pub- al. 2000). “resource” and undermines the para- lic, the media, and some state legisla- digm of use that it supports. tures suggests that this obstacle will The moral challenge that wildlife be overcome. Culture, immunocontraception poses to the In much of the world, however, the culture of use is, in our view, the only culture of wildlife use remains domi- Regulations, possible explanation for the extraordi- nant and is reflected in the multi-bil- nary antipathy wildlife immunocon- lion-dollar worldwide trade in wildlife and Politics traception has generated in state and wildlife parts (Freese 1998). Immunocontraception faces a variety wildlife agencies and the hunting Among people struggling to support of technical, cultural, regulatory, and community. It is certainly not the their families and maintain human life political obstacles before it will be threat that the technology itself and dignity, such attitudes are under- used as a tool for management of poses to hunting; immunocontracep- standable, if tragic. But no such free-ranging wildlife. The technical is- tion, at least the dart-delivered kind, “necessity defense” can be construct- sues have already been discussed: is not and will not be an effective ed for the profiteers, the entrepre- what is needed is a safe, effective, management tool in the environ- neurs from wealthy nations who make one-shot, multi-year vaccine that can ments in which most recreational fortunes trading in wild-caught birds, be delivered remotely to wildlife un- hunting occurs (Kirkpatrick and bear gall bladders, and rhinoceros der field conditions. In some ways, Turner 1995). horn. Although the international com- however, the technical obstacles are But the antipathy is unmistakable. munity frowns on smuggling, the the least significant. Almost every attempt to get a state entire premise of treaties such as the In our view, the single most formi- permit to conduct an immunocontra- Convention on International Trade in dable barrier to the adoption of im- ception field study on deer has ex- Endangered Species of Fauna and munocontraception as a wildlife man- ploded into a titanic political battle, Flora (CITES) is that wildlife use is agement tool is the entrenched with the state agencies often leading good so long as it is “sustainable.” culture of wildlife use. In the United (or goading) the opposition. One pro- Wildlife contraception makes little States, this culture is most evident in posed study, in Amherst, New York, sense in that context. Why contracept the wildlife management establish- was blocked by a lawsuit by Safari elephants when you could shoot them, ment, which includes the state wild- Club International. Another was near- eat the meat, and sell the hides and life management agencies, much of ly blocked by the personal interven- tusks for great profit? The answers to the U.S. Fish and Wildlife Service, the tion of several pro-hunting members that question are not simple. They ul- hunting community, the arms and of Congress. The publications of the timately rest on the morality of shoot-

Fertility Control in Animals 191 ing elephants and the long-term eco- ly; it extends to manufacturing, stor- repeatedly and loudly voice their ob- nomic, social, and spiritual advan- age, packaging, means and schedule jections to having their license fees tages of treating these and other wild of delivery, animals targeted, and spent on contraception. State legisla- creatures with respect and compas- labeling of the vaccine or drug. These tures have become accustomed to sion. But the question will have to be will be high hurdles for PZP or any state wildlife agencies generating answered, and answered convincingly, contraceptive vaccine (especially a their own funds and depending on before immunocontraception can be recombinant form) or drug to over- hunters to conduct management widely applied to elephants and other come. But it can be done, and even- activities. They are extremely reluc- locally overabundant wildlife through- tually it will be done for a safe, ef- tant to start diverting general rev- out the world. fective wildlife contraceptive. enues to these otherwise self-support- Since management of wildlife in ing agencies. Although some im- the United States is carried out under munocontraception studies have re- Regulatory and state authority (with some exceptions ceived state funding and support (no- on federal land), applying immuno- tably in New York and Connecticut), Practical Issues contraceptives to free-ranging wildlife the prospects for state wildlife agen- Several specific regulatory and practi- will generally require permits from cies getting any money to conduct cal issues will have to be addressed state wildlife agencies (Messmer et al. immunocontraception management and resolved before PZP or other im- 1997). Many will yield such permits programs in the field are very limited. munocontraceptives become main- only slowly and grudgingly. However, If state agencies do not fund and stream management tools. as the novelty of the technique wears conduct these programs, who will? Within the United States, the most off, as its limitations and successes We believe the answers are already be- important regulatory barrier is ap- are demonstrated in field studies, as a ginning to emerge. Generally, HSUS proval by the Center for Veterinary safety record is accumulated, and as immunocontraception studies have Medicine of the U.S. Food and Drug FDA concerns are met, state agencies been funded at least in part by land Administration (FDA). The FDA has will become more comfortable with owners, land management agencies, little experience with animal vac- immunocontraception techniques. and communities in which the studies cines. Most animal vaccines are regu- Some progress has already been occur. The wild-horse contraception lated by the U.S. Department of Agri- made, at least in the agencies’ rhe- projects at Assateague Island and culture (USDA), but the USDA’s toric. While in the early 1990s the Cape Lookout National Seashores are authorizing legislation only permits it response of state agencies to deer being funded and carried out by the to regulate vaccines for disease pre- contraception was “no, not now, not National Park Service, which is also vention. Since pregnancy is not con- ever,” by the close of the decade many involved in supporting and carrying sidered a disease, regulatory authori- state agency personnel were conced- out the deer project at Fire Island Na- ty reverts to the FDA. Unfortunately, ing that PZP does at least stop deer tional Seashore and the Tule elk pro- most of the FDA regulations and stan- from breeding, and they began to ject at Point Reyes National Seashore. dards that apply to immunocontra- speak of contraception as an impor- Wild-horse contraception studies on ception are tailored to approval of tant tool for future management ef- western public lands have been coop- drugs, which are generally more strin- forts. Given the scope and serious- erative efforts of The HSUS, the re- gently regulated and require more ri- ness of public concerns over deer and search team, and the Bureau of Land gorous testing than do vaccines. other wildlife, it is inconceivable that Management; over time, the BLM is As of mid-2000, research on PZP is state agencies could resist indefinite- increasing its responsibility for carry- being carried out under the authority ly public demands for a humane, non- ing out these programs. NIST, part of of Investigational New Animal Drug lethal tool that could help solve at the U.S. Department of Commerce, is (INAD) files established with the FDA. least some conflicts with deer. jointly undertaking a deer contracep- (In our case, the INAD is held by The The practical issues include deter- tion study with The HSUS on the HSUS.) The INAD file is the heart of a mining who will pay for wildlife con- NIST campus in Maryland. The U.S. process designed to control develop- traception and who will carry it out. Navy is implementing fertility control ment and testing of new animal drugs State agencies are uniquely unsuited of water buffalo on Guam. Local agen- and vaccines and guide acceptable to pay for or conduct wildlife man- cies, such as Columbus-Franklin Coun- products toward eventual FDA ap- agement through immunocontracep- ty Metro Parks, in Ohio, and Morris proval for marketing and commercial tion. They have neither the money County Parks, in New Jersey, have also distribution. Fundamentally, the FDA nor the personnel (a situation that taken lead roles in conducting deer asks this question when considering a certainly aggravates agency worries immunocontraception studies on product for approval: Is the specific over the potential spread of immun- their own properties. At Fire Island product safe and effective for its ocontraception as a management and in Groton, Connecticut, funding intended purpose if used as directed? tool). The resources they do have are has been provided by local communi- The question is asked comprehensive- generated principally by hunters, who ties and residents.

192 The State of the Animals: 2001 Deer management, in particular, is low must be added the implicit ques- asserting that humans are hunters by increasingly being carried out at the tion, “compared to what?” (Oojges nature and that hunting fulfills some local level. Confronted with increas- 1997; Singer 1997). biological imperative.) To this role ing numbers of deer-human conflicts, Is it right to manipulate a wild ani- they contrast immunocontraception, town councils, county governments, mal’s reproductive system, and poten- which they dub “unnatural” and park commissions, and other munici- tially its behavior, for human purpos- “playing God.” pal bodies have developed deer-man- es? All other things being equal, our A strong case can be made that agement plans and employed city ethical and esthetic preference would sport hunting is not natural. The use police, animal control officers, volun- be simply to leave wildlife alone. We of all-terrain vehicles, laser sights, teer hunters, and private contractors recognize the intrinsic right of all GPS units, and other twenty-first-cen- to carry them out. This localization wild creatures to live out their lives tury gadgets and gizmos is not natur- has been formally recognized in Mary- unmanipulated by humans, and we al, nor are the pervasive population, land, where the state deer-manage- personally take great pleasure in ob- behavioral, even genetic effects of ment plan emphasizes local needs serving and participating in the con- American sport hunting: the focus on and preferences, and in New Jersey, tinuing and ever-surprising story of trophy animals, the likely disruption where recently approved legislation life on earth. But the lives of many of normal social organization, the dis- establishes community-based deer wild creatures—especially those close tortion of normal population age and management plans. These plans to human habitation—are already sex structures. Sport hunter (or would be developed locally by county subject to human manipulation, predator) populations are not regu- and municipal governments, submit- much of it deliberately or incidentally lated by game (or prey) populations, ted to the state divisions of fish, destructive. We shape the terms of as they would be in nature. Although game, and wildlife for review and ap- animal existence by our settlement the population, behavioral, and genet- proval, and carried out by either gov- patterns; engineering of land and ic effects of immunocontraception are ernment personnel or private con- water; discharging of the byproducts not yet fully known, they are unlikely tractors. While the emphasis of these of human life into the rivers, oceans, ever to achieve the profound and plans clearly now rests on killing, fer- and atmosphere; and invasion of al- unnatural impacts of sport hunting. tility control is explicitly recognized most every corner of the planet. Is it right to kill pigs (to make PZP) in the New Jersey legislation as a local And as a practical matter, leaving to save deer and horses? No. PZP is management alternative. them alone is not always a choice we produced from the ovaries of pigs pur- We envision that immunocontra- have. The public demands that action chased from slaughterhouses. If we ception projects (indeed, all urban be taken when public health, safety, or believed that more pigs were dying wildlife management) eventually will subsistence are threatened by wildlife. because we were making PZP, we be funded locally, carried out by local Not only is this view ethically defen- would stop. More than 100 million government personnel or private sible, but (more to the point) it is also pigs are killed in slaughterhouses contractors, and regulated by the widespread, and we do not see this each year, and we cannot believe that states, which will establish policies, consensus changing in our lifetimes. PZP research has any impact on that issue permits, oversee research, and The action taken need not be manipu- total. Nevertheless, this consideration certify private contractors and other lation of wildlife populations; but at adds urgency to the search for a syn- practitioners. very high population densities, “pas- thetic form of the vaccine, especially sive” management techniques (e.g., if a form of ZP should ever prove ap- exclusion and traffic manipulation) plicable to companion animals. In The Ethics may be insufficient to resolve public that case, the commercial production concerns. Alternatives typically con- of millions of doses per year might of Immuno- sidered include some form of public actually affect the market for dead hunting, sharpshooting, capture and pigs, and extraction of PZP from pigs contraception relocation or slaughter, or other on that scale would be ethically unac- Ethical questions concerning the ap- actions that are lethal, cruel, or both. ceptable to us. plication of immunocontraception to In comparison to those alternatives, Would it ever be appropriate to use wildlife have been raised by people immunocontraception appears to be a oral contraceptives or transmissible expressing a wide spectrum of view- fairly gentle population manipulation. contraceptives on free-ranging wild- points, from sport hunters to hard- Isn’t immunocontraception unnat- life? Oral contraceptives for wildlife, line animal rights advocates. We ural? Many sport hunters feel that packaged in attractive baits, would choose to take a pragmatic approach. they fill the ecological niche vacated certainly make vaccine delivery easier When immunocontraception is con- by the natural predators that have and cheaper. Consequently, they sidered, it will be considered as one of been eliminated from the landscape would broaden the range of potential several management alternatives, and and that hunting is therefore a natur- applications. This could be good or so to each of the questions posed be- al activity. (Some take this further, bad. We would consider it desirable if

Fertility Control in Animals 193 contraceptives could replace noxious conditions) the ongoing research into roaming animals at greater ranges; thus, dart- delivered drugs were not an early priority for sci- lethal controls with minimal behav- transmissible immunocontraceptives entists looking into this field. ioral and ecological effects. Like poi- (Oojges 1997). But because the risks son baits and pesticides, however, oral of releasing such agents would extend contraceptives offer many opportuni- beyond Australia, a clash between Aus- ties for abuse. Rather than the careful tralians and the rest of the world Literature Cited Al-Kafawi, A.A., M.L. Hopwood, M.H. and limited application that dart de- might be anticipated, even among ani- Pineda, and L.C. Faulkner. 1974. livery forces on our current use of mal protectionists. Immunization of dogs against immunocontraceptives, oral contra- human chorionic gonadotropin. ceptives could be scattered incau- American Journal of Veterinary tiously and indiscriminately, leading Conclusion Research 35: 261–64. to unpredictable biological effects on In spite of the frustrations and obsta- Allen, S.H. 1982. Bait consumption a large scale. These risks are amplified cles—personal, political, and bureau- and diethylstilbestrol influence on if the immunocontraceptives are not cratic—we remain optimistic about North Dakota red fox reproductive species specific. the future of wildlife contraception. It performance. Wildlife Society Bul- The subject of transmissible contra- may be that we are simply optimistic letin 10: 370–74. ceptives is even more complex. In his people, but our optimism draws sup- Balser, D.C. 1964. Management of 1985 novel Galapagos, Kurt Vonnegut port from our experience. One of us predator populations with antifer- describes a world in which the human (JFK) has been working on wildlife tility agents. Journal of Wildlife population is driven nearly to extinc- fertility control for almost thirty years Management 28: 352–58. tion by a virus that sweeps across the and the other (ATR), for just under a Barber, M.R., and R.A. Fayrer-Hosken. planet rendering its human hosts decade; we have seen progress. Oper- 2000. Evaluation of somatic and infertile (except for a small group iso- ationally, we’ve progressed in thirty reproductive immunotoxic effects lated on the Galapagos Islands, where years from capture, field surgery, and of the porcine zona pellucida vacci- the plot then unfolds). This is the implantation with gobs of physiologi- nation. Journal of Experimental deepest fear engendered by the con- cally and environmentally suspect Zoology 286: 641–46. cept of transmissible contraceptives— steroids to darting animals in the Barfnect, C.F., and H.C. Peng. 1968. that once released, such an agent field at a distance of twenty-five to Antifertility factors from plants. I. could not be controlled and its unan- fifty yards with one-fifth of a teaspoon Preliminary extraction and screen- ticipated effects could be catastroph- of biodegradable vaccine. In the pub- ing. Journal of Pharmaceutical Sci- ic for the target species, for nontarget lic’s eyes, wildlife contraception has ences 57: 1607–08. species, and even for our own species. gone from a joke to a pretty darned Becker, S.E., and L.S. Katz. 1997. We believe that there would be abso- good idea, “if you can make it work.” Gonadatropin-releasing hormone lutely no support in the United States Even in the deer meetings we’ve sur- (GnRH) analogs or active immu- for release of such an agent: no vived (Kirkpatrick and Turner 1997; nization against GnRH to control wildlife overabundance problem with Rutberg 1997), after all the shouting, fertility in wildlife. Pp. 11–19 in which we are presently coping could blustering, posturing, and accusing is Contraception in wildlife manage- justify even considering assuming that over, there’s usually someone who ment, ed. T. J. Kreeger. USDA/ level of risk. takes us aside and says, “You know, APHIS Technical Bulletin No. 1853. In Australia, where much of the these animals really are a problem, Bell, R.L., and T.J. Peterle. 1975. Hor- research on transmissible immuno- but it’s not right to kill them, so if mone implants control reproduc- contraceptives is being conducted, a you could find another way to control tion in white–tailed deer. Wildlife different story line is unfolding. The them it would make people really, Society Bulletin 3: 152–56. introduction and phenomenal pros- really, happy.” Bell, M., C. A. Daley, S. L. Berry, and perity of European rabbits, red foxes, For the animals—the old mares on T. E. Adams. 1997. Pregnancy sta- domestic cats, and house mice has Assateague, the old does on Fire Is- tus and feedlot performance of beef devastated dozens of native marsupial land, and the rest—and for those peo- heifers actively immunized against species in a true ecological catastro- ple in the back of the room, we should gonadatropin-releasing hormone. phe. Australia’s response has been to all be working to find that other way. Journal of Animal Science 75: kill these once-welcomed invaders by 1185–89. the millions with poison, traps, guns, Notes Berger, P.J., E.H. Sanders, P.D. Gard- blasting, gas, disease, and every other ner, and N.C. Negus. 1977. Pheno- cruel, destructive device imaginable. 1These attitudes still linger, and many of these lic plant compounds functioning as That animal welfare catastrophe, in species, such as gray wolves and grizzly bears, still confront them in their path to recovery. reproductive inhibitors in Microtus conjunction with the ecological cata- 2 Dart delivery systems have changed dramati- montanus. Science 195: 575–77. strophe, has led animal protection cally in the past twenty-five years and have groups in Australia to support (with improved significantly the ability to treat free-

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