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Tracking the “State of the Animals”: Challenges and 1CHAPTER Opportunities in Assessing Change

Randall Lockwood

here is something fascinat- kinds to develop ways of planning hoped, if we are not improving the ing about science. One gets and evaluating their activities state of the animals, then we need Tsuch wholesale returns of con- (Wandersman et al. 2000). There to try to identify the social, psy- jecture out of such a trifling invest- has been an erosion of support for chological, cultural, economic, ment of fact. well-meaning people engaged in political, and other obstacles to —Mark Twain activities that seem to be helpful progress and develop new strate- Life on the Mississippi (1874) to animals or people in need, if this gies and tactics that may be more support is to be given simply effective. We also can benefit from The original concept behind the because the activities seemed to be clarification of the “trajectories of State of the Animals series, as the right thing to do. Advocacy change,” the processes that lead defined by Paul G. Irwin, president groups of all kinds are seeing more people and organizations to devel- emeritus of The Humane Society of demand for accountability from op attitudes and behavior that are the United States (HSUS), in the funders and other sponsors such as consistent with those we wish first edition (2001, 1) was “to eval- United Way (Hatry et al. 1996). them to adopt and the attitudes or uate the position of animals in Some have described the current experiences that serve as “entry society at the dawn of the twenty- situation for nonprofit organiza- points” for concern about the first century.” As we embark on the tions as a “perfect storm,” a colli- issues that are important to us. third volume in this series, and as sion of a declining economy, re- In this chapter we: we view the state of the animals duced government support, and 1. Review some of the measures from a perspective midway through state and local budget crises that have been used in the the first decade of the new century, (Boice 2003). Individual donors, past to attempt to assess the it is helpful to examine some of the government agencies, foundations, state of the animals and the tools we have at our disposal to and other supporters of advocates extent to which we can con- assess the situation and provide for change want to see meaningful tinue to apply these measures some suggestions for measuring assessments of results. They de- to track future changes. our progress, or lack thereof, in mand—and deserve—valid and 2. Review some of the emerging improving the treatment of ani- accurate measures of impact be- tools and developing tech- mals. Careful reflection on what we fore they provide new or continu- nologies that can improve our actually mean by “improving the ing support for a program or or- tracking of the state of the state of the animals” is an impor- ganization. animals and provide some tant part of the process for plan- We, as animal advocates, also quantitative measures of our ning and assessing present and have a basic need to see “how we’re progress. future actions. doing” and why we are being effec- 3. Explore some examples of An increasing demand has been tive or ineffective. If we are not general measures of human placed on advocacy groups of all progressing in the way we had interaction with animals that

1 might prove useful in predict- example, estimates of black bear vey conducted by the National ing and tracking changes in populations may be interpreted by Council on Pet Population Study how they are treated. some to imply that the population and Policy (NCPPSP 2000) is stable, growing, or even a nui- attempted to collect such informa- sance and thus is “harvestable,” tion via survey cards sent to more Tools for while others may interpret the than five thousand shelters. Assessment same data to show that the popula- Although fewer than 20 percent of tion is at best “recovering” or shelters responded, information Tools for tracking changes in the potentially fragile. was gathered on the handling of state of the animals fall into a few Demographic measures have fre- about four million animals for each broad categories: quently been applied to the assess- year of the study. Because the 1. Animal ment of farm animal issues. Fraser, responding shelters could not be Mench, and Millman (2001) and assumed to represent a random Demographic/ Trent et al. (2003) use worldwide sampling of facilities, the Council Geographic Measures inventories of common farm ani- notes that “it is not possible to use One important measure is simply mals as one significant measure as these statistics to estimate the the number of animals of a partic- well as changes in the numbers number of animals entering ani- ular kind, or the number kept being kept under different systems mal shelters in the United States, under certain conditions. The goal or on facilities of different sizes. or the numbers euthanized on an of particular actions on behalf of The same approach has been annual basis.” Other projects animals may be to increase certain applied to tracking the state of ani- undertaken with a smaller number numbers (e.g., the number of indi- mals kept in laboratory settings of shelters have attempted to get a viduals of a given species living in (Rowan and Loew 2001) and the clearer picture of the dynamics of protected habitats) or it may be to growing proportion of horses being the relinquishment of animals to decrease the numbers (e.g., the kept primarily for recreational pur- shelters (Salman et al. 1998, 2000; number of sows being kept in con- poses (Houpt and Waran 2003). New et al. 1999; Scarlett 1999; finement-rearing situations). These Demographic variables have also New 2000; Kass 2001). measures may be somewhat differ- been key to the assessment of ent from measures of animal use, progress on companion animal 2. Organizational, described below, since animals issues (Clancy and Rowan 2003). Individual, and kept under similar conditions Reliable data on the numbers of Institutional Measures (e.g., in the laboratory), may be companion animals sharing the Another approach to assessing the subjected to different treatments lives of people in different demo- state of the animals has been to with differing effects on their over- graphic categories (by region, age, quantify and describe the number all welfare. family composition, ethnicity, etc.) and nature of organizations and The most basic demographic are important for planning pro- individuals involved in or support- measure of the state of the animals grams that seek to enhance those ive of animal protection. Irwin that has been applied for decades relationships. Although several (2003) offered the number of ani- is the assessment of population lev- groups, including the American mal-protection organizations per els of threatened or endangered Veterinary Medical Association one million human population as species. Such measures are also (AVMA 2002) or the American Pet one measure of the relative sup- closely linked to assessments of Products Manufacturers Associa- port for animal-protection causes the extent of appropriate habitat, tion (APPMA 2004), routinely sur- in a cross section of foreign coun- for example, number of acres pro- vey patterns of pet ownership and tries. Such organizations routinely tected in land trusts or measures care, these surveys focus primarily use the number of donors and/or of acreage of rainforest protected on consumer expenditures or the supporters as one of the most sig- or lost to development. Such popu- delivery of veterinary care and do nificant measures of their success, lation estimates of wildlife num- not attempt to specifically track public support, and potential polit- bers are also commonly applied at broader aspects of human-animal ical strength. the national, state, and local levels. interactions. Individual demographics can However, population estimates of Tracking companion animal also be revealing in tracking the hunted species are frequently the issues through demographic analy- changing relationships between subject of debate since the under- sis of the population of companion people and animals. One impor- lying assumptions behind such animals entering and exiting ani- tant demographic that has fre- estimates are always open to criti- mal shelters has been difficult. The quently been tracked to assess the cism from differing groups. For 1994–1997 Shelter Statistics Sur-

2 The State of the Animals III: 2005 state of the animals is the proportions, and other monetary meas- theories, tools, and techniques of tion of the population holding a ures offers a precise way of com- marketing science to the social hunting license, which has de- paring different programs over change arena. Green (2004, 1) clined from 7.18 percent of the time. Previous State of the Animals notes: “Marketing research pro- U.S. population in 1980 to 5.35 essays have examined such finan- vides an excellent starting point percent in 2000 (Grandy, Stall- cial measures as U.S. fur sales for identifying effective approaches man, and Macdonald 2003). (Irwin 2001) and funding from the to animal advocacy.” In animal pro- Within any demographic meas- National Institutes of Health for tection, the “commodity” to be ure, changes in the structure of the research involving animal use marketed is compassion and con- demographics can reflect impor- (Rowan and Loew 2001). The cern about animal issues. As in any tant changes in the nature of sup- AVMA uses veterinary expenditures marketing activity, it is essential to port or opposition that should be for a variety of companion animals assess the attitudes of various seg- tracked. Is support for animal-pro- as a key measure of trends in the ments of the “target audience” tection ideas and behaviors expand- delivery of veterinary care and as a toward the product—in this case, ing into demographic groups where way of understanding the reasons concern about animal welfare. The it has traditionally been lower (e.g., clients give for choosing a veteri- principal tool for this assessment is Hispanic, Asian)? Is the population narian (AVMA 2002). Because opinion surveys. of those who hold hunting licenses financial expenditures can be Animal advocates are increasingly aging? Is the median education adjusted to some standardized unit recognizing the importance of well- level of those employed in animal (e.g., year 2000 dollars), they pro- crafted, professional opinion surveys control rising? Is the purchase of vide a powerful tool for assessing and focus groups to assess public fur by women under thirty years of changes over a relatively long time opinion on a variety of issues. Ques- age rising or falling? Questions like frame. However, detailed analyses tions on animal issues are now these are important in providing have been used far more often by included routinely on a number of significant dimensions for the as- trade and professional associations professional polls and surveys (see sessment of changes in the state of like the AVMA and the APPMA than below). At least one professional the animals. by advocacy groups. organization, the Humane Re- In addition to tracking changing search Council, has begun to apply demographics of people and organ- 4. Measures of Human- advanced survey methods to a vari- izations, it is meaningful to quanti- Animal Interaction ety of issues on behalf of The HSUS, fy changes in programs. Recent Efforts to improve the state of the The Fund for Animals, and other indicators of progress have includ- animals must ultimately rely on organizations. Their recent proj- ed the rising number of law schools assessing changes in how human ects have included studies of atti- offering some instruction in ani- beliefs and actions affect the lives tudes and behaviors relating to fur mal law (Davis 2003; Wise 2003); of animals—how people and ani- (Humane Research Council 2003) the growing number of communi- mals interact. If we want to im- and motives, objections, and barri- ties with “Safe Havens” programs prove this interaction and measure ers to adopting vegetarian and to protect the pets of women leav- the extent to which we are making vegan diets. ing situations of domestic violence the desired changes, we need to be Animal issues have been the focus (Lerner 1999; Lerner and Zorza able to go beyond the measures we of or included in more than 250 1999); and an increasing propor- have already outlined and assess polls and surveys since 1948. Sum- tion of animal shelters sponsoring the three dimensions of interac- maries of many of these surveys are humane education programs (Unti tion: thoughts, words, and deeds. available through the Tufts Universi- and DeRosa 2003). The existence ty Center for Animals and Public of such programs is clearly a signif- Thoughts Policy (Kossow n.d.) and the Hu- icant step, but more direct meas- Knowing what people think and mane Research Council (www. ures of program outcomes are ulti- know about animal issues is an humaneresearch.org). These studies mately needed to assess their essential component of “social have been conducted by many dif- benefits to animals. marketing,” the use of marketing ferent industry, advocacy, and other principles to influence an audience groups, but few have been conduct- 3. Financial Measures to accept, reject, or modify behav- ed in a way that asks the same kinds One of the most basic techniques iors for the benefit of others of questions in the same way over an used to assess social, political, or (Kotler, Roberto, and Lee 2002; extended period, thus making com- organizational change is to “follow Ginsberg 2004). Many animal-pro- parisons difficult. Most are polls the money.” Comparing expendi- tection professionals are recogniz- about a single issue or opinion, tures, donations, budget alloca- ing the importance of applying the rather than comprehensive surveys

Tracking the “State of the Animals”: Challenges and Opportunities in Assessing Change 3 designed to see how attitudes may cases that involved hoarding large influential works as Animal Libera- interact. Future tracking of the numbers of animals in unsanitary tion (Singer 1975) and Dominion state of the animals will require reg- conditions. They identified a vari- (Scully 2002). Certain issues and ular, professionally conducted sur- ety of themes, ranging from humor approaches strike what media veys that attempt to trace the devel- to revulsion, that potentially con- expert Tony Schwartz (1974) opment of attitudes and opinions founded communicating the seri- describes as “the responsive over time. These studies need to be ousness of this problem as both an chord.” He notes that some of the supplemented with smaller focus animal protection and human most successful political and pub- groups to try to unravel the com- mental health concern. A repeat of lic information campaigns are plexities of the decision-making this kind of analysis in the future those that don’t necessarily tell processes that lead people to devel- would offer insight into the extent people anything new but rather tell op or resist the attitudes and opin- to which humane groups have been them something they already know ions of concern. able to educate the public and pro- in a new and useful way that they fessionals about these issues. are prepared to accept and act on. Words It is difficult to take the pulse of This has certainly contributed to In addition to knowing what peo- the media and the public even with the success of The HSUS’s First ple are thinking about animal the most comprehensive quantita- Strike™ Campaign, which makes issues, an important measure of tive analysis of media coverage and the connection between cruelty to the state of the animals is what content. Some change in attitudes, animals and human violence people are saying about animals. opinions, and policy is driven by (Ascione and Lockwood 2001). Public opinion is both shaped and constant media repetition, even This campaign provided research reflected by media coverage. The when the problem may not have validation for the generally held proliferation of media outlets, changed. The widespread attention concern about individuals who from cable stations to satellite given to “road rage” by American, engage in cruelty to animals. It radio to websites and Internet Australian, and European media in also provided professionals in “blogs,” makes it almost impossi- the late 1990s, for example, was diverse fields with the tools to ble to get systematic and compara- viewed largely as an inappropriate apply this information. In 2004 an tive data on the changing depic- response to extremely rare criminal independently conducted survey tion of animal issues in the media. acts (Elliot 1999). Likewise, the (described below) noted that 85 Nearly every viewpoint, no matter widespread media coverage of dog- percent of respondents agreed how extreme, enjoys some repre- bite-related human fatalities attrib- with the statement, “It has been sentation in today’s media uni- uted to a small number of breeds demonstrated that people who verse. However, it is still valuable to (mainly pit bulls and Rottweilers) repeatedly and intentionally harm track the attention given to animal has been criticized as an inappro- animals are more likely to show issues in “mainstream” media priate application of an extremely violence to people.” Only 4 percent (daily newspapers, network and rare event (less than .001 percent disagreed with the statement, sug- basic cable television and radio, of dog attacks) to the formation of gesting that this is an issue that is widely distributed movies, etc.) as public policy (Sacks et al. 2000; reaching almost complete public one measure of the zeitgeist. AVMA Task Force 2001). Since acceptance and agreement and has Clearly there is a steady stream media in a competitive commercial entered into a phase of shaping of progressive media attention environment look to each other to public policy and programs. given to animal protection, as is get a sense of what they should be recognized each year in the Gene- covering, any coverage of high-pro- Deeds sis Awards, formerly presented by file issues can quickly escalate, so The ultimate goal of social market- the Ark Trust and now coordinated simple counts of media articles can ing is to change how people be- through The HSUS’s Hollywood give very misleading impressions of have—the choices they make. Thus office. A more in-depth analysis of the depth and breadth of public the best measure of outcome can the media picture that is presented interest and concern. be to look not at what people think will require tracking the content Although the sheer volume of or say, but at what they actually do. and tone of media coverage over coverage of an issue can affect pub- What do people buy? What do they time. Such analysis is time con- lic and professional thinking, choose to wear? What do they eat? suming, but it can be useful in major changes can often come How do they vote? How do they detecting important shifts in about through a timely, well-craft- treat the animals in their homes? thinking or obstacles to change. ed publication that resonates with This is one of the problems inher- For example, Arluke et al. (2002) public interest and concern. This ent in public opinion research. examined press reports concerning has clearly been the case with such Thoughts, words, and deeds are not

4 The State of the Animals III: 2005 always consistent. For example, goal is clearly defined and the out- 3. science-based models for Braithwaite and Braithwaite (1982) come has clear potential benefits practices and programs that surveyed college undergraduates to animals, these benefits may be can be useful in reaching about their attitudes and behaviors hard to demonstrate. For example, those goals; on many actions that potentially an important objective of animal 4. fitting programs to the com- involved animal suffering. They advocates is to increase the penal- munity context; point out a major “disconnect” ties for serious cruelty to animals 5. evaluating specific program between opinions and actions. As an to felony level. Although it is essen- outcomes; and example, they note that 73 percent tial to have the strongest possible 6. planning for sustaining suc- of those surveyed disapproved of laws available to those who must cessful programs. force-feeding geese to produce respond to cruelty to animals, This renewed interest in using pâté, but only 46 percent disap- many other variables affect the well-documented “best practices” proved of actually eating pâté pro- ultimate impact on animals. Does to generate desired results for the duced this way. the public report such crimes? Do target audience and sustaining Even with sophisticated survey police respond and investigate? Do successful programs offers refresh- techniques, it is often difficult to prosecutors move the cases for- ing promise for a wide variety of reconcile what people do with what ward? Do judges issue appropriate programs that seek to improve they have said they would do or said sentences? For many reasons, sim- conditions for people and animals. they have done. The recent contro- ply passing good laws is not neces- versy surrounding the inaccuracy of sarily a good predictor that condi- exit polls in the 2004 presidential tions will improve for those Tracking and election raised questions about the protected by the laws (see Rosen Analyzing polling techniques that have been and Rowan, this volume). used worldwide. Polling firms for The gap between action and ben- Opinions: A the National Election Pool, which efit may exist for other reasons. surveyed voters in 1,480 randomly Popular yet unproductive programs Preliminary Study chosen precincts, delivered exit may continue for decades, as illus- Tracking and understanding poll results that overstated Sen. trated by the persistence of drug changing attitudes and behaviors John Kerry’s support in twenty-six abuse prevention programs with no will require repeated measures of states and President George Bush’s significant effect on drug use the same, or at least similar, atti- in four. In reviewing the errors, they among the target audience (Lymen tudes. Despite hundreds of surveys concluded that Kerry supporters et al. 1999) and Texas abstinence- and polls, there have been few such were more likely to participate in only sex education programs that repeated measures. exit polls for “motivational reasons resulted in a greater number of One of the deterrents to effective that were impossible to quantify” participants having sex (Anony- use of repeated survey or polling (CNN 2005). Freeman (2004), how- mous 2005). Good science is easily techniques has been their high cost. ever, notes that the conclusion that obscured by conflicting social and The inclusion of questions on na- Kerry supporters were more likely political agendas. tional polls such as the Harris, to participate lacks independent Partly in response to dissatisfac- Gallup, or Roper polls can cost more evidence. Such discrepancies illus- tion with conventional evaluation than one thousand dollars per ques- trate the need for detailed analysis of drug abuse programs, the model tion. The growth and acceptance of of the many motivational factors for program evaluation adopted by the Internet as a primary means of that transform ideas and opinions the Substance Abuse and Mental communication for many activists into actions. Health Services Administration and private citizens opens the door For years, many advocacy groups (SAMHSA) and many other agen- to Internet survey methods as a and government agencies meas- cies and organizations is the Get- potential tool for rapid and inexpen- ured their productivity in terms of ting to Outcomes (GTO) approach sive collection of such information output rather than outcomes. It is (Wandersman et al. 2000). This but raises new questions about the usually far easier to measure the approach stresses accountability applicability of such data to the gen- number of reports distributed, for the various elements of suc- eral public. As Internet use grows, workshops held, dollars raised or cessful programming, including: the differences between the universe spent, bills introduced, or signa- 1. attention to specific needs of Internet-savvy people and the gen- tures obtained than it is to demon- and resources; eral public will shrink. strate that efforts have actually 2. clearly defined goals, target The HSUS reviewed data ob- proven to be a benefit to those to populations, and desired out- tained from a July 2004 Internet be helped. Even when the desired comes; poll of 1,031 U.S. adults conducted

Tracking the “State of the Animals”: Challenges and Opportunities in Assessing Change 5 for The HSUS by Edge Research Support for Animal cent), those who donate to animal Inc. (“Omnibus Survey”). This was Protection protection (66 percent vs. 39 per- the first HSUS use of an Internet- cent), women (64 percent vs. 44 Protecting animals from cruelty based polling resource to assess percent in men), and those over and abuse was clearly a high prior- various attitudes and activities age 65 (75 percent vs. 37 percent ity for this representative sample, regarding animals and animal pro- in those under 35). as it was for all the groups sur- tection. In addition to a detailed veyed. These results are identical cross-tabulation analysis of the sur- Pet Ownership to those of the PSB phone survey. vey results, The HSUS has com- It is not surprising that the HSUS In the Omnibus sample, 96 per- pared these findings to those gen- website survey showed even higher cent of those who rated protecting erated by an Internet poll of more concern for protecting animals, animals as a “top priority” had at than 1,600 respondents solicited with 97.2 percent considering it least one pet. Those who reported during April 2004 via invitations “very important” or “important.” they had no pets in the last ten posted on the hsus.org website It is also not surprising that years were significantly more likely (termed “HSUS Website Survey”) those rating protecting animals to be unfamiliar with The HSUS or and a traditional telephone poll of a from abuse as a high priority were to rate The HSUS unfavorably. representative sample of the U.S. significantly more likely to have Only 5.2 percent of those with no population conducted in January of made a contribution to an animal- pets in the last ten years were ani- 2003 by Penn, Schoen, and Berland protection or animal rights group mal-protection donors. Animal (termed “PSB Survey”). The HSUS in the last year (Question 22)—88 protection donors were twice as expected the HSUS website survey percent—than were those who likely to have had five or more pets to be non-representative of the pop- rated it a low priority (56 percent). as were non-donors (39.2 percent ulation as a whole, since it sampled The same was true of the HSUS vs. 21.2 percent). The highest lev- a motivated, self-selected popula- website survey, in which contribu- els of past pet ownership (seven tion of visitors to the website. How- tions had been made by 85 percent pets or more) were significantly ever, since one of the goals of this of those who considered animal associated with having children in analysis was to determine the char- protection important, as opposed the home. acteristics of these highly commit- to contributions by only 33–38 per- ted supporters, it was felt that iden- cent of those who consider it only Financial Support of tifying differences between them “somewhat important” or “not Animal-Protection and the general public would help important.” The high proportion of identify the pathway along which Efforts the general population that con- The HSUS would like to move the Overall, approximately one-third of siders this a significant priority general public. the Omnibus sample identified suggests that there is a large and In addition to assessing the opin- themselves as donors to animal untapped pool of potential finan- ions surveyed, The HSUS was inter- protection or animal rights organi- cial support for such efforts. ested in reviewing the utility of zations. It is not surprising that More than half of the respon- Internet polling methods, which donors were significantly more dents in the Omnibus survey said can be much faster and less expen- likely to have rated animal protec- they had reported the cruelty to sive but may have built-in biases tion as very important and a top or animals they witnessed. This was due to possible demographic dif- high priority. About 42 percent of comparable to the 60 percent of ferences among respondents with donors currently had a dog or cat, the PSB survey who reported abuse access to Internet technology, but 56 percent of those with a dog and significantly less than the 77 HSUS members and constituents, or cat were not identified as percent of the HSUS website sur- and the general U.S. population. donors, again suggesting a large vey who said they had reported it. These surveys addressed many potential pool of support. Nearly In this survey, reporting was signif- different issues (see appendix A for 95 percent of donors reported hav- icantly more likely among those a summary of responses and coming had at least one pet over the who rated animal protection a top parisons of the survey population last ten years. Of those who did not priority (77 percent) than those demographics to those of the U.S. currently have a dog or cat, 78 per- who did not (22 percent). Report- population). The HSUS focuses on cent were non-donors. Of those ing was also significantly more just a few of them to demonstrate who had not had any dogs or cats likely among those with dogs and how different approaches vary in over the previous ten years, only 5 cats (58 percent vs. 33 percent), what they reveal about the opin- percent had donated to animal those with a favorable opinion of ions of the general public and ani- protection or animal rights. The HSUS (60 percent vs. 42 per- mal advocates. Pet—specifically, dog or cat—

6 The State of the Animals III: 2005 ownership is clearly a major driving Demographic Race force of concern about animal The Omnibus internet survey issues and making financial contri- Variations in undersampled African Americans butions. Experience with and caring Survey Methods (2 percent vs. 13 percent in the for companion animals is often the population) and Hispanic/Latinos One purpose of this study was to portal for compassion and concern (1 percent vs. 13.4 percent). The evaluate the effectiveness of the that extends to a wide range of same was true of the HSUS website Edge Research Internet polling issues involving many different survey. The PSB phone survey methodology as a way of generat- species of animals. These results accurately sampled African Ameri- ing useful information in a cost confirm the notion that the large cans, but undersampled Hispan- effective way. All of our surveys segment of dog and cat owners in ic/Latino populations. If animal (Omnibus, website, PSB) focused the United States, and even in inter- protection advocates are seeking on adult respondents (over age national populations, represents a detailed attitude and behavior eighteen) in assessing opinions as significant potential audience for information from these popula- well as patterns of giving. Some of outreach on issues beyond those tions, special efforts have to be the differences between survey affecting companion animals. made to specifically sample these populations and U.S. population populations. A further confound in are shown in appendix A. Donations to Non- the Omnibus survey was that the Animal Charities Age non-Caucasian group was signifi- Those ranking animal protection cantly younger; only 12 percent A large proportion (25 percent) of as a low priority (46.4 percent) were over age fifty, compared to 40 the U.S. population is under age were significantly more likely to percent of the Caucasian segment eighteen and was not included in support United Way than were of the sample. this survey. The HSUS website sam- those ranking animal protection ple matched the adult U.S. popula- highly (36 percent), although this Income tion surprisingly well for age distri- shows that more than a third of The Omnibus, HSUS website, and bution. The Omnibus survey seems animal protection donors support PSB surveys were generally compa- to have significantly underrepre- United Way or social service chari- rable in the income breakdown of sented the 65+ age group (<2 per- ties. Similarly, those who rated ani- those sampled, except that the cent of the sample and >12 per- mal protection as a low priority PSB phone survey methodology cent of the population), perhaps were significantly more likely to was less likely to capture the high- due to demographic differences in make contributions to churches or est income levels. web access that were not reflected religious organizations (56.3 per- The Edge Research Omnibus in website visitors to The HSUS. cent vs. 46.8 percent), but once survey method generated a large Conversely, the PSB telephone sur- again this finding shows that near- amount of data rapidly and in a vey overrepresented older respon- ly half of animal-protection donors form that allowed easy access to dents (21 percent vs. 12 percent), also support religious charities. the kind of detailed analysis pre- perhaps due to older respondents’ There were no differences in the sented here. With some minor greater willingness to participate likelihood of donations to educa- exceptions noted above, the sam- in a phone survey. tional institutions associated with ple did seem to be representative the pattern of giving to animal pro- Gender of the U.S. population. However, tection. Donations to health-relat- since much of the support for ani- ed charities increased with age The Omnibus and PSB surveys mal protection issues seems to be (19.5 percent of <35, 25.8 of closely matched the gender divi- strong in the older (50–64 and 35–49; 29.5 percent of 50–64; 47.7 sion of the U.S. population. The 65+) cohorts, special effort should percent of 65+). Obviously, older HSUS website survey was strongly be made to sample this group ade- cohorts are more likely to be con- skewed to female respondents (90 quately in future surveys. None of cerned about and supportive of percent), reflecting greater sup- the methods used in the past health-related issues. port for animal organizations by seems to sample African-American women. This suggests a need to or Hispanic/Latino populations balance this gender discrepancy if adequately. Any efforts to specifi- this approach is used for future cally assess attitudes and opinions surveys, since gender strongly as part of outreach to these popu- affects many of the other attitudi- lations will require special sam- nal measures we have assessed. pling and survey methods.

Tracking the “State of the Animals”: Challenges and Opportunities in Assessing Change 7 None of the pet attachment Future efforts to track these A “Pet Lover’s studies attempted to relate the changes should include: Index” level of attachment to the larger 1. Clear definitions of desired Large amounts of attitudinal data issue of attitudes and behaviors in goals and appropriate tar- can be collected by means of the connection with overall support for get audiences survey methods described. It will be other animal-related issues. Since 2. Baseline information on important to have some standard- the results of the Omnibus survey current demographics, at- ized approaches for simplifying suggested that pet ownership was titudes, and behavior that some of these data in a way that significantly correlated with con- can be used to assess fu- allows more rapid analysis and pre- cern for animal protection in gen- ture trends. These data diction of attitudes and behavior. eral, and concern about a variety of should be collected both Numerous studies have proposed a specific issues relating to noncom- nationally and locally and variety of scales that would assess panion animals, the attempt was should carefully examine the degree of attachment people made to devise a simplified meas- differences in meaningful have to their animal companions. ure of pet attachment that might subgroups (age, ethnicity, One of the most widely used is the be predictive of attitudes and pet ownership, etc.) Lexington Attachment to Pets Scale behaviors related to animal welfare 3. Tools and techniques for or LAPS (Johnson, Garrity, and Stal- (see appendix B for the variables cost-effective, repeated lones 1992). Most existing scales are used to create this measure). measures of the same atti- theory based and tend to measure This composite score was cross- tudes and behaviors and emotional responses to pets. Others, tabulated with other Omnibus sur- analysis of relationships in such as Poresky’s (1989) try to add vey measures, including reporting the data that may reveal behavioral dimensions such as “how of cruelty to animals, keeping cats the pathways for change in often do you pet/stroke your com- indoors, opposing confinement the desired direction panion animal?” Berryman, Howells, rearing of sows, supporting bans 4. Application of multiple and Lloyd-Evans (1985) concluded on the use of chimpanzees in measures of progress (ex- that two types of pet owners research, opposing canned hunts, amining people’s thoughts, emerged from their survey, one in and donating to animal charities. words, and deeds) and which the pet-owner relationship was In every case a high score on the multiple techniques (nar- most similar to a relationship to the “Pet Lover’s Index” was significant- rowed surveys, focus individual’s own child and a second ly associated with high support for groups) to clarify uncer- in which the relationship was valued the animal protection position (all tain connections when for “fun/play” and “relaxation based chi-square values significant at these techniques reveal on absence of demands.” Holcomb, p<.001). This confirms that caring inconsistencies Williams, and Richards (1985) used for and about dogs and cats is a 5. Careful review of success the Pet Attachment Survey (PAS), a primary portal to compassion and and failures to better twenty-seven-item Likert-type scale concern about a wide array of ani- understand the dynamics with both behavioral and emotional mal protection issues. of changing attitudes and aspects of attachment. Wilson, Net- behavior involving animals. ting, and New (1987) advocated the Successful advocacy for animals Pet Attachment Index, a fifty-item Conclusions and must combine science, art, empa- scale measuring owner characteris- Recommendations thy, and a passion to improve the lives of others. Greater attention tics, attachment, and attitudes Efforts to improve the state of the to all of these elements will pro- toward pets. This was used by Kidd animals can benefit from the sys- duce outstanding outcomes. We and Kidd (1989), who reported that tematic application of social mar- can hope that the words of Mark women, children, and childless cou- keting approaches that assess Twain that opened this essay will ples were more attached to their existing attitudes and behaviors in need to be given a slight twist. We pets than others were. different segments of the popula- can hope that we will get enor- Few studies examine these atti- tion, properly design appropriate mous returns of progress out of a tudes in relation to specific owner messages that target well-defined small investment of fact. behaviors that might benefit the audiences, and apply “Getting to pets. A study is currently under- Outcomes”-style assessments that way to analyze the connection honestly assess the impact of pro- between various measures of pet gram outcomes. attachment and the well-being of pets (Douglas 2004).

8 The State of the Animals III: 2005 9–26. Washington, D.C.: Hu- Houpt, K.A., and N. Waran. 2003. Literature Cited mane Society Press. Horse welfare since 1950. In The Anonymous. 2005. Teen sex CNN. 2005. Report suggests state of the animals II: 2003, ed. increased after abstinence pro- changes in exit poll methodolo- D.J. Salem and A.N. Rowan, gram. Reuters, February 1. gy. www.CNN.com. January 19. 207–215. Washington, D.C.: American Pet Products Manufac- Davis, S. 2003. Demand for animal Humane Society Press. turers Association (APPMA). law courses escalating. DVM, Holcomb, R., R.C. Williams, and 2004. 2003–2004 Pet Owners October 1. P.S. Richards. 1985. The ele- Survey. Greenwich, Conn.: Douglas, D.K. 2004. Benefits to ments of attachment: Relation- APPMA. pets from the human-animal ship maintenance and intimacy. AVMA Task Force on Canine bond: A study of pet owner Journal of the Delta Society 2(1): Aggression and Human-Canine behaviors and their relation to 28–34. Interactions. 2001. A communi- attachment. Ph.D. diss. propos- Humane Research Council. 2003. ty approach to dog bite preven- al, Wichita State University. Attitudes and behaviors relating tion. Journal of the American Elliot, B.J. 1999. Road rage: Media to fur. www.humaneresearch.org. Veterinary Medical Association hype or serious road safety issue? Irwin, P. 2001. Overview: The state 218(11): 1732–1749. Paper presented at Third Inter- of the animals: 2001. In The American Veterinary Medical Asso- national Conference on Injury state of the animals: 200l, ed. ciation (AVMA). 2002. U.S. Pet Prevention and Control, Bris- D.J. Salem and A.N. Rowan, Ownership and Demographics bane, Australia, May 9–12. 1 – 19. Washington, D.C.: Sourcebook. Schaumburg, Ill.: Fraser, D., J. Mench, and S. Mill- Humane Society Press. AVMA. man. 2001. Farm animals and ———. 2003. A strategic review of Arluke, A., R. Frost, G. Steketee, their welfare in 2000. In The internation animal protection. G. Patronek, C. Luke, E. Mess- state of the animals: 200l, ed. In The state of the animals II: ner, J. Nathanson, and M. Papaz- D.J. Salem and A.N. Rowan, 2003, ed. D.J. Salem and A.N. ian. 2002. Press reports of ani- 87–100. Washington, D.C.: Rowan, 1–8. Washington, D.C.: mal hoarding. Society and Humane Society Press. Humane Society Press. Animals 10(2): 113–135. Freeman, S.F. 2004. The unex- Johnson, T.P., T.F. Garrity, and L. Ascione, F.A., and R. Lockwood. plained exit poll discrepancy. Stallones. 1992. Psychometric 2001. Cruelty to animals: Research report from University evaluation of the Lexington Changing psychological, social, of Pennsylvania Center for Orga- Attachment to Pets Scale (LAPS). and legislative perspectives. In nizational Dynamics. Philadel- Anthrozoös 5(3): 160–175. The state of the animals: 200l, ed. phia: University of Pennsylvania, Kass, P. 2001. Understanding com- D.J. Salem and A.N. Rowan, December 29. panion animal surplus in the 39–53. Washington, D.C.: Ginsburg, C. 2004. Marketing United States: Relinquishment Humane Society Press. social change. Executive update. of nonadoptables to animal shel- Berryman, J.C., K. Howells, and M. May. www.gwsae.org. ters for euthanasia. Journal of Lloyd-Evans. 1985. Pet owner Grandy, J.W., E. Stallman, and D.W. Applied Animal Welfare Science attitudes to pets and people: A Macdonald. 2003. The science 4(4): 237–248. psychological study. The Veteri- and sociology of hunting: Shift- Kidd, A.H., and R.M. Kidd. 1989. nary Record 21(28): 659–661. ing practices and perceptions in Factors in adults’ attitudes toward Boice, J.P. 2003. Untapped wealth. the United States and Great pets. Psychological Reports 65: Advancing Philanthropy. Novem- Britain. In The state of the ani- 903–910. ber/December, 16–17. mals II: 2003, ed. D.J. Salem and Kotler, P., N. Roberto, and N. Lee. Braithwaite, J., and V. Braithwaite. A.N. Rowan, 107–130. Washing- 2002. Social marketing: Improv- 1982. Attitudes toward animal ton, D.C.: Humane Society Press. ing the quality of life. Thousand suffering: An exploratory study. Green, C. 2004. How can market- Oaks, Calif.: SAGE Publications. Journal of the Institute for the ing research help animals? Kossow, D. n.d. Attitudes towards Study of Animal Problems 3(1): Humane Research Council animals and animal issues: A his- 42–49. Newsletter, August. www.humane torical perspective in the U.S. Clancy, E.A., and A.N. Rowan. research.org/whymr.shtml. http://www.tufts.edu/vet/cfa/ 2003. Companion animal demo- Hatry, H., T.V. Houten, M.C. Plantz, surveys.html. graphics in the United States: A and M. Taylor. 1996. Measuring Lerner, M. 1999. From safety to historical perspective. In The program outcomes: A practical healing: Representing battered state of the animals II: 2003, ed. approach. Alexandria, Va.: Unit- women with companion animals. D.J. Salem and A.N. Rowan, ed Way of America. Domestic Violence Report 4(2):

Tracking the “State of the Animals”: Challenges and Opportunities in Assessing Change 9 17–32. Jr., P. Kass, and J. Scarlett. D.J. Salem and A.N. Rowan, Lerner, M., and J. Zorza. 1999. 2000. Behavioral reasons for 99–106. Washington, D.C.: What advocates can do for bat- relinquishment of dogs and cats Humane Society Press. tered women with companion to 12 shelters. Journal of animals. Domestic Violence Applied Animal Welfare Science Report 4(3): 35–47. 3(2): 93–106. Lymen, D.R., R. Milich, R. Zim- Salman, M.D., J.G. New Jr., J.M. merman, S.P. Novak, T.K. Logan, Scarlett, P.H. Kass, R. Ruch-Gal- C. Martin, C. Leukfeld, and R. lie, and S. Hetts. 1998. Human Clayton. 1999. Project DARE: and animal factors related to No effects at 10-year follow-up. the relinquishment of dogs and Journal of Consulting and Clini- cats in 12 selected animal shel- cal Psychology 67(4): 590–593. ters in the United States. Jour- National Council on Pet Popula- nal of Applied Animal Welfare tion Study and Policy (NCPP- Science 1(3): 207–226. SP). 2000. The shelter statistics Scarlett, J.M. 1999. Reasons for survey, 1994–97. National relinquishment of companion Council on Pet Population Study animals in U.S. animal shelters: and Policy. http://www.petpop- Selected health and personal ulation.org/statsurvey.html. issues. Journal of Applied Ani- New, J.C., Jr. 2000. Characteris- mal Welfare Science 2(1): tics of shelter-relinquished ani- 41–57. mals and their owners com- Schwartz, T. 1974. The responsive pared with animals and their chord. New York: Doubleday. owners in U.S. pet-owning Scully, M. 2002. Dominion. New households. Journal of Applied York: St. Martin’s Press. Animal Welfare Science 3(3): Singer, P. 1975. Animal liberation. 179–201. New York: Random House. New, J.C; M.D. Salman, J.M. Scar- Trent, N., P. Ormel, J.L.G. de Siles, lett, P.H. Kass, J.A. Vaughn, S. G. Heinz, and M. James. 2003. Scherr, and W.K. Kelch. 1999. The state of meat production in Moving: Characteristics of dogs developing countries: 2002. In and cats and those relinquish- The state of the animals II: 2003, ing them to 12 U.S. animal shel- ed. D.J. Salem and A.N. Rowan, ters. Journal of Applied Animal 175–192. Washington, D.C.: Welfare Science 2(2), 83–96. Humane Society Press. Poresky, R.H. 1989. Analyzing Unti, B., and B. DeRosa. 2003. human-animal relationship meas- Humane education past, pres- ures. Anthrozoös 2(4): 236–244. ent and future. In The state of Rowan, A.N., and F.M. Loew. 2001. the animals II: 2003, ed. D.J. Animal research: A review of Salem and A.N. Rowan, 27–50. developments, 1950–2000. In Washington, D.C.: Humane The state of the animals: 200l, Society Press. ed. D.J. Salem and A.N. Rowan, Wandersman, A., P. Imm, M. Chin- 111–120. Washington, D.C.: man, and S. Kaftarian. 2000. Humane Society Press. Getting to outcomes: A results- Sacks, J.J., L. Sinclair, J. based approach to accountabili- Gilchrist, G. Golab, and R. ty. Evaluation and Program Lockwood. 2000. Breeds of dogs Planning 23: 389–395. involved in fatal human attacks Wilson, C.C., F.E. Netting, and in the United States between J.C. New. 1987. The pet attitude 1979 and 1998. Journal of the inventory. Anthrozoös 1(2): American Veterinary Medical 76–84. Association 217 (6): 836–840. Wise, S.M. 2003. The evolution of Salman, M.D., J. Hutchison, R. animal law since 1950. In The Ruch-Gallie, L. Kogan, J.G. New state of the animals II: 2003, ed.

10 The State of the Animals III: 2005 APPENDIX A Comparison of Surveys

Edge U.S. National Research HSUS Web PSB 2003 Number surveyed Sample (NA) Sample (1,031) Sample (1,341) Sample (1,000) Percent Percent Percent Percent

1 Age <18 25.3 18–24 7.0 13.8 11.0 25–34 19.0 28.8 12.0 35–49 (18–44 U.S.) 39.3 34.0 37.0 28.0 50–64 (45–64 U.S.) 23.1 18.8 26.0 25.0 65 plus 12.3 1.8 11.0 21.0

2 Gender Male 49.1 52.0 10.0 52.0 Female 50.9 48.0 90.0 48.0

3 Race African-American 12.7 2.0 0.8 12.0 American Indian 1.5 1.0 1.3 NA Asian 4.5 3.0 1.8 1.0 Caucasian 65.2 89.0 84.9 77.0 Hispanic/Latino 13.4 1.0 3.7 3.0

4 Marital status Single/Never married 28.1 21.0 36.9 24.0 Married 54.2 60.0 46.3 55.0 Widowed 6.4 4.0 1.3 9.0 Divorced 9.3 11.0 10.5 10.0

5 Area of residence Northeast 18.8 16.0 not asked 22.0 South 35.8 35.0 not asked 33.0 Midwest 22.6 25.0 not asked 20.0 West 22.8 23.0 not asked 20.0

6 Home ownership Own 67.9 69.0 not asked not asked Rent 28.1 27.0 not asked not asked

7 Schooling College grad and plus 26.7 43.0 47.8 37.0

8 Children under 18 35.7 32.0 22.6 28.0

9 Family income Under $20,000 12.2 15.9 13.0 $21,000–50,000 40.0 37.7 37.0 $51,000–75,000 23.3 20.9 18.0 $76,000 plus 24.4 24.8 15.0

10 How important is it Not important 2.0 1.4 2.0 to you that animals Somewhat important 13.0 1.3 14.0 are protected from Important 18.0 2.9 18.0 cruelty and abuse? Very important 67.0 94.3 67.0 Do not know 1.0 0.1 0

11 Have you seen Yes 13.0 21.4 14.0 anyone intentionally No 86.0 76.5 85.0 inflict pain or Do not know 1.0 2.1 1.0 suffering on an animal during the last year?

12 If yes to 11, Yes 53.0 72.1 60.0 did you report it? No 45.0 26.3 40.0 Do not know 2.0 1.7 0

13 I keep a picture of Yes 32.0 72.0 my pet in my wallet No 68.0 27.0 or displayed at work.

Tracking the “State of the Animals”: Challenges and Opportunities in Assessing Change 11 (continued from previous page) APPENDIX A Comparison of Surveys

Edge U.S. National Research HSUS Web PSB 2003 No. surveyed Sample (NA) Sample (1,031) Sample (1,341) Sample (1,000) Percent Percent Percent Percent

14 I give the animal Yes 83.0 62.0 gifts on holidays or No 16.0 38.0 special events.

15 The pet sleeps in/on Yes 80.0 69.0 my bed or the bed No 19.0 31.0 of a family member.

16 The pet accomp- Yes 59.0 42.0 anies me on No 39.0 58.0 vacations or over- night trips.

17 I consider the pet Yes 95.0 98.0 to be an important No 5.0 1.0 member of the household.

18 Please indicate how HSUS 127.0 favorably you view PETA 5.0 the following ASPCA 134.0 organizations NWF 111.0 (V. Fav. = 2, WWF 86.0 Fav. = 1, Somewhat AKC 88.0 Unfav. = -1, V. Un- PETsMART 90.0 fav. = -2; range is +200 to -200)

19 Please indicate how Strongly favor 47.0 65.0 favorably you view... Somewhat favor 27.0 21.0 keeping a cat Somewhat oppose 15.0 8.0 indoors all the time. Strongly oppose 5.0 3.0 Do not know 7.0 4.0

20 ...Letting a cat Strongly favor 13.0 5.0 outside without Somewhat favor 23.0 13.0 supervision Somewhat oppose 23.0 23.0 Strongly oppose 36.0 54.0 Do not know 6.0 4.0

21 ...Tethering a dog Strongly favor 3.0 2.0 in the backyard for Somewhat favor 16.0 5.0 more than an hour Somewhat oppose 34.0 19.0 Strongly oppose 40.0 72.0 Do not know 7.0 2.0

22 ...Keeping a dog Strongly favor 9.0 4.0 outside all day Somewhat favor 21.0 13.0 while the owner is Somewhat oppose 28.0 23.0 at work Strongly oppose 36.0 56.0 Do not know 7.0 4.0

23 ...Declawing a cat Strongly favor 24.0 5.0 who has damaged Somewhat favor 32.0 13.0 drapes or upholstery Somewhat oppose 18.0 21.0 Strongly oppose 19.0 53.0 Do not know 8.0 7.0

12 The State of the Animals III: 2005 (continued from previous page) APPENDIX A Comparison of Surveys

Edge U.S. National Research HSUS Web PSB 2003 No. surveyed Sample (NA) Sample (1,031) Sample (1,341) Sample (1,000) Percent Percent Percent Percent

24 ...Euthanizing a Strongly favor 24.0 9.0 dog who has bitten Somewhat favor 32.0 15.0 a child without Somewhat oppose 23.0 27.0 provocation Strongly oppose 9.0 32.0 Do not know 12.0 17.0

25 If The HSUS issued The HSUS 28.0 75.4 a report in which it The USDA 16.0 2.9 argued that 95 Trust neither 15.0 2.4 percent of all Trust them equally 11.0 4.0 chickens suffer Would not know 29.0 15.3 greatly in agricultural facilities and the USDA then contradicted this assertion, which entity would you trust more?

26 How strongly do Strongly dislike 2.0 0.5 you feel about Dislike 4.0 0.4 having wildlife such Neutral 19.0 5.9 as birds and Like 35.0 22.6 squirrels in your Strongly like 41.0 70.6 yard?

27 How often in the None 62.0 69.2 year have you had a One to two 18.0 21.4 conflict with, or Three plus 11.0 7.9 damage caused by, I do not have a yard 10.0 1.6 wild birds and mammals in your yard or home?

28 If you had a conflict, Yes 32.0 37.8 did you seek help No 68.0 62.2 from someone?

Whom? Local animal org. 38.0 37.8 Hardware store, etc. 19.0 20.2 Local wildlife rehab 5.0 21.8 The HSUS 5.0 9.0 State/federal agens. 19.0 9.0 Business for wildlife 15.0 16.0 problems

29 In the past year, Yes 34.0 76.0 have you made a No 63.0 18.7 financial Do not know 3.0 5.3 contribution to any animal protection or animal rights organization?

30 If yes, how much < $10 11.0 3.9 did you give in $11–$25 37.0 18.9 total? $26–$50 20.0 17.7 Over $51 24.0 50.3 Not sure 8.0 9.2

Tracking the “State of the Animals”: Challenges and Opportunities in Assessing Change 13 APPENDIX B Components of the “Pet Lover’s Index”

The responses to several questions on the Omnibus Survey were recoded and combined into a composite score (POSUM-pet owner summation). This was then cross-tabulated with other responses from the survey to see if those rated high, medium, or low on this composite differed significantly from one another on their attitudes or behaviors relating to animals.

Variable PO1—Any cats? Yes = 1; ELSE = 0

Variable PO2—Any dogs? Yes = 1; ELSE = 0

Variable PO3—Any other pets? Yes = 1; ELSE = 0

Variable PO4—Total 10-year pets? 1–5 = 1; 6+ = 2; ELSE = 0

Variable PO5—Fate of last pet? Died of old age/Euth. = 2, Taken to shelter = 1; ELSE = 0

Variable PO6A—Consider the animal an important member of the household. Yes = 1; ELSE = 0

Variable P06B—Give the animal gifts on holidays or special events. Yes = 1; ELSE = 0

Variable PO6C—The animal accompanies me on some vacations or trips. Yes = 1; ELSE = 0

Variable PO6D—The pet sleeps in or on my bed or the bed of a family member. Yes = 1; ELSE = 0

Variable PO6E—I keep a picture of the animal in my wallet or displayed at work. Yes = 1; ELSE = 0

POSUM—Sum of all variables listed above

14 The State of the Animals III: 2005 Cruelty toward Cats: Changing Perspectives 2CHAPTER

Randall Lockwood

Some of this content appears in L. Sinclair and R. Lockwood, “Cruelty Towards Cats” (in Consultations in Feline Internal Medicine, 5h ed., ed. J.R. August. 2005. Philadelphia: Elsevier Inc.).

f all the species that have (from 1567 B.C.), paintings and of Herodotus, about 450 B.C. He been domesticated, cats statues of cats became increasingly describes his visit to the temples in Ohave historically been sub- common in Egypt (Beadle 1977). Bubastis and the various practices jected to the widest diversity of Recently, remains of a cat found surrounding the cult, including treatment by humans. They have buried in association with a human the harsh penalties for injuring or been worshipped as gods and at a site in Cyprus were dated to killing cats (Clutton-Brock 1993, reviled as devils, coddled and pam- approximately 7500 B.C. The rich 36): “When a man has killed one of pered, but also abandoned and offerings found in the grave sug- the sacred animals if he did it with abused. Our treatment of cats has gested that the person had special malice prepense, he is punished likewise created a range of prob- social status and a special relation- with death, if unwittingly, he has to lems for professionals concerned ship with the animal. This find pay such a fine as the priests with their care—from dealing could constitute the earliest evi- choose to impose.” with problems of obesity and dence of taming of the cat (Vigne Later in the same volume, overindulgence to tending to the et al. 2004). Herodotus details the reverence needs of animals who have been Serpell (1988) notes that the with which deceased cats are neglected, intentionally harmed, role of cats in the Egyptian pan- embalmed and entombed. Archeol- or even tortured. theon was complex and confusing. ogists in the nineteenth century Male cats were associated with the recovered mummified remains of sun god Ra. Cats and lionesses hundreds of thousands of cats from A Brief History were also linked to the warlike god- this period. Ironically, it is this col- of Kindness and dess Sekmet. The primary associa- lection of remains that provides the tion was with the cat goddess first evidence of what might be con- Cruelty to Cats Bastet, a symbol of fertility, fecun- sidered “ritualistic abuse” of cats. Most authorities consider the cat dity, and motherhood who was also Clutton-Brock (1993) describes to be among the most recent ani- associated with the moon and findings from the radiological mals to be domesticated, with its menstrual cycles. The prominence study of fifty-five wrapped cat origins in Egypt (Zeuner 1963; of cat cults did not develop until mummies collected by egyptolo- Clutton-Brock 1993). There are no the twenty-second dynasty (c. 950 gist Flinders Petrie in 1907. She remains of cats from prehistoric B.C.), when the capital became notes that “contrary to the gener- Egypt or the Old Kingdom Bubastis, home of the cult of al belief that ancient Egyptians (2686–2181 B.C.). Pictorial repre- Bastet, and the local cat goddess never killed their cats, many of sentations of cats that are clearly became the official deity of the these had ‘broken necks.’ This domesticated appear at the time of kingdom. The modern view of rev- could be seen in the x-rays as the fifth dynasty (c. 2600 B.C.), erence for cats in Egypt comes markedly displaced vertebrae in and from the New Kingdom onward almost entirely from the writings the neck” (38).

15 She notes that the mummies fell Similarly, Inquisitor Nicholas Remy, squashed the bodies of cats, into two groups. Twenty were kit- in his 1595 Daemonolatreiae libri twisted cats at the midsection, tens one to four months old when tres, announced that all cats were and suffocated cats. They even they died or were killed, and seven- demons (Conway 1998). improvised a gallows and hung teen were nine to seventeen Darnton (1984) details a variety cats by the neck. (1989, 48) months old. Only two were more of forms of widespread institution- The events were replayed in pan- than two years old. She suggests alized cat abuse common from the tomime many times during the that the cats were being specially Middle Ages well into the late eigh- weeks that followed. Darnton puts bred to be mummified by the teenth century. Carnival celebra- these events in the context of the priests for sale as votive offerings, tions of deviance came to an end social upheaval of the times. Print- which could explain what appears on Shrove Tuesday, or Mardi Gras, er’s apprentices were among the to have been a mass market in when a live cat was incorporated most exploited workers of the time, mummified cats. (This market was into a straw mannequin, King of while a passion for pet cats was not without a hint of fraud. Some Carnival, and given a ritual trial growing among the bourgeois, par- cat mummies from other sources and execution. In Burgundy young ticularly the masters of the printing appear to have been faked by wrap- men passed around a cat, tearing trade. Portraits were painted of ping a cat skull mounted atop frag- its fur to make it scream as a form pampered cats who were fed choice ments of human tibia and fibula.) of “rough music.” For the cycle of fowl, while the boys in the print The export of cats from Egypt was Saint John the Baptist, coinciding shops labored with little hope of illegal, so the domestic cat’s intro- with the summer solstice, cats promotion to the ranks of journey- duction into Europe and Asia did were tied up in bags, suspended men. Cat abuse was already well not begin until several hundred from ropes, or burned at the stake. established in the culture of the years after the peak period of the He further notes: time, thus cats were an easy and cult of Bastet, finally becoming Parisians liked to incinerate seemingly appropriate target for widespread by the tenth century cats by the sackful, while the this outrage. (Zeuner 1963). The spread of Chris- Courimauds (cour a miaud or Such abuse was also common- tianity brought with it what Serpell cat chasers) of Saint Chamond place in England as well. The own- (1986, 155) describes as “extreme preferred to chase a flaming ers of cats were often suspected of ruthlessness in suppressing unorth- cat through the streets. In “wickedness” and were killed, odox beliefs and in extirpating all parts of Burgundy and Lor- along with their cats, under the traces of earlier pre-Christian reli- raine they danced around a Witchcraft Act of 1563 (Young gions.” Since cats were often cen- kind of burning May pole with 2001). The first person to be tried tral to many of these belief systems, a cat tied to it. In the Metz under this law was Agnes Water- from the cult of Bastet to the wor- region they burned a dozen house, who was executed in 1566 ship of the Norse goddess Freya, cats at a time in a basket on for owning a cat unfortunately they became a convenient target for top of a bonfire. The ceremony named “Sathan” (Durston 2000). the demonization of all things non- took place with great pomp in More conventional abuse of cats Christian and the focus of myriad Metz itself, until it was abol- at the hands of young offenders forms of abuse intended to drive out ished in 1765. (83) flourished in eighteenth-century and destroy the Devil. Cats also One of the best documented England. The first illustration in were transformed from a symbol of instances of cruelty to cats was the William Hogarth’s classic series of grace, fertility, and maternal care to “Great Cat Massacre” of the Rue woodcuts “The Four Stages of Cru- one of bewitching sexuality and las- Saint-Severin, Paris, which took elty” depicts a 1750s street scene civiousness—an association that place in the late 1730s (Darnton in which young boys are torment- continues to affect public interpre- 1984; Twitchell 1989). The story ing a variety of animals in many tation and behavior and serve as a was obtained from an account by ways. Cats are the most abundant justification for continuing abuse. Nicolas Contat, a worker who had victims in this illustration. They are In the thirteenth century, Pope witnessed the event. Several young seen being thrown out of windows, Gregory IX (ruling 1227–1241) male printer’s apprentices system- hung by their tails from a pole, and issued a statement that Cathars, atically slaughtered all the neigh- set upon by fighting dogs. Hogarth breakaway Christians, were known borhood cats, starting with a was an astute observer of both ani- to be breeding black cats, who were favorite pet of their master’s wife. mal and human behavior, and it is the devil in disguise. In 1489 Pope According to Twitchell: likely that this illustration was a Innocent VIII issued an official In fits of laughter they gleeful- composite of instances he had wit- order to persecute all witches and ly bashed the heads of cats, nessed personally. He made these kill all cats within Christian lands. snapped the spines of cats, illustrations

16 The State of the Animals III: 2005 [I]n hopes of preventing [to] spectacle of suffering encourages other representations in popular some degree the cruel treat- cruelty....The child accustomed to culture, including an unaired but ment of poor Animals which bloody pastimes or witnessing cru- widely distributed car commercial makes the streets of London elty will become a dangerous man” making light of the decapitation of more disagreeable to the (Kete 1994, 5). Such views repre- a cat by a closing sunroof. A signif- human mind, than anything sented, in part, a continuing con- icant proportion of the population what ever, the very describing cern about the issues raised by the continues to express active antipa- of which gives pain.” (Uglow Great Cat Massacre more than a thy toward cats. Kellert and Berry 1997, 500) century earlier. (1980) found that 17.4 percent of Cats did not fare much better in The historical ambivalence of people surveyed expressed some the scientific views of the mid-eigh- many cultures toward cats contin- dislike of cats, compared with only teenth century. The most influen- ued into the twentieth and twenty- 2.6 percent who specifically dis- tial naturalist of the time was Buf- first centuries. In the 1980s cats liked dogs. Holland comments on fon, author of the multivolume became the most abundant species this discrepancy and associates the Histoire naturelle (1749–1788). (excluding aquarium fish) in Amer- differences in American attitudes Kete (1994) notes that, quite sim- ican homes, a trend that has con- toward dogs and cats with a degree ply, “Buffon hated cats,” describ- tinued (AVMA 2002; APPMA 2004). of xenophobia: ing them as having a perverse The American Pet Products Manu- People who hate cats tend to nature and worthy of being kept facturers Association (APPMA) esti- be proud of that fact, and brag only to control rodents as “the mates that there are 77.6 million about it as if it proved some- lesser of two evils.” owned cats in the United States, thing honest and straightfor- Conditions seemed to improve compared to 65 million owned ward in their natures. Nobody for cats in the mid-nineteenth cen- dogs. Although there are more brags about hating dogs. To tury. In the United Kingdom, cats dog-owning homes (40.6 million) hate dogs would be mean-spir- were not afforded protection under than cat-owning homes (35.4 mil- ited and peculiarly unpatriotic; anti-cruelty laws until the 1835 lion), there are more cats in the dogs are a very American con- revisions of the 1822 animal wel- average cat-owning family (average cept, fraternal, hearty and fare legislation protecting live- 2.2, compared with 1.6 dogs per unpretentious, while cats are stock, which extended the protec- dog-owning household). Despite inscrutable like the wily orien- tions to domestic pets and this popularity, cats have not tal and elitist like the Euro- prohibited bull baiting and cock- achieved equal status with dogs as pean esthete. (1988, 34) fighting (Ritvo 1987). The Annual true companion animals. The size Report of the Royal Society for the of feral cat populations is impossi- Prevention of Cruelty to Animals ble to determine accurately, but it The Psychology (RSPCA) detailed the animal-cru- may approach the number of and Biology elty cases investigated and prose- owned cats (Holton and Manzoor cuted under these laws. The major- 1993; Slater 2002). of Cat Abuse ity of cases continued to involve Despite the popularity and pro- What is it about cats that elicits maltreatment of livestock and liferation of resources on cat care, such paradoxical views? In addition draft animals, but proponents of there is also a continuing stream of to the long-standing social and cul- companion animal welfare recog- material promoting, or at least tural factors discussed above that nized the growing concern about making light of, cat abuse. This has have promoted abuse of cats, cer- the abuse of dogs and cats. From no parallel in the canine world. tain elements of the animals’ biol- 1857 to 1860, dogs and cats Popular books include The Cat ogy and ethology have allowed or accounted for only 2 percent of the Hater’s Handbook or the Ailuro- encouraged their maltreatment. cruelty convictions, although 13 phobe’s Delight (1963), The Official percent of the RSPCA’s reports to I Hate Cats Book (1980), 101 Uses Sexual and Social the public focused on dog and cat for a Dead Cat (1981), with sever- Behavior cruelty cases. al sequels, How to Kill Your Girl- Cats were associated with feminin- In France, the first success of the friend’s Cat (1988), and Cat- ity, fertility, and sensuality in emerging animal protection move- Dependent No More! (1991). ancient religions for good reason. ment was the Grammont Law of Recently there has been a prolifer- Female cats are induced ovulators 1850, prohibiting public abuse of ation of video and on-line games and are highly promiscuous, invit- animals. Grammont, a retired cav- allowing simulated cat-killing, ing the attention and competition alry officer, promoted the legisla- such as “Cat Hunter,” “Clay Kitten of several males, indeed, courting tion in part on the basis that “the Shooting,” and “Cat Blaster,” and

Cruelty toward Cats: Changing Perspectives 17 up to twenty males during a single (156) “The unmitigated cruelty tical partnership in the pursuit of estrus period (Natoli and DeVito cats have received...doubtless game—the predatory behavior of 1988). This is an effective repro- speaks volumes about the sexual cats is often perceived as being ductive strategy for a solitary insecurities of European males.” “selfish” and unnecessarily cruel. hunter who must insure that males The “game of cat and mouse” has contributing to the gene pool of Resilience become synonymous with action her offspring are capable of Despite their relatively small size that is sneaky, malicious, and repelling their rivals. Many cul- and fragility, cats have a reputation underhanded. Cats, particularly tures have equated promiscuous as survivors, perhaps due in part to females with recently weaned kit- sexuality with cats, as seen in the speed, agility, quick reflexes, tens, will often wound or maul their slang. As early as 1401 men were and other adaptations that allow prey without killing it quickly, in warned of chasing “cattis tailis,” them to survive situations that part as a way of providing the young for example, prostitutes, giving would be likely to kill a human or with disabled prey on which to prac- rise to “tail” as slang. Other phras- dog. Most intriguing have been tice their predatory skills (Turner es echoing feline sexuality (“cat reports of “high-rise injuries” sus- and Meister 1988). By human stan- house,” “pussy”) have been in use tained in falls from tall buildings dards this adaptation, which poten- since before the seventeenth cen- (Robinson 1976; Whitney and tially prolongs the suffering of the tury (Morris 1986). Mehlhaff 1987). One interesting cat’s prey, can appear to be cruel, In addition to being perceived as aspect of high-rise injuries in cats sadistic, and “amoral,” and thus, to highly sexual creatures, female is the effect of the distance fallen some, it may seem to justify similar cats are frequently aggressive on the frequency and severity of maltreatment of cats, who are often toward their recent mates. As with injuries. The rate of injury is linear portrayed as enjoying inflicting tor- many solitary hunters, following up to a fallen distance of approxi- ment on their victims. mating, males are potential com- mately seven stories; above this Since many cats that are allowed petitors for food and may be a height, injury rates do not in- to hunt will bring dead or maimed threat to kittens, so the females crease, and fracture rates de- prey home to their human “fami- often attack them or drive them crease, in part because cats falling lies,” the consequences of cat pre- off. Individually, cats of both sexes from greater heights have time to dation can often be obvious and can at one moment exhibit a orient themselves to better absorb can fuel strong emotional respons- warm, soft, cuddly demeanor and impact. A cat who free-fell from es against cats. The Mammal Soci- at the next indicate that they have thirty-two stories onto concrete, ety in the United Kingdom (2001) had sufficient contact by terminat- the subject of one of the published released a report based on a review ing an interaction with a serious reports, suffered only mild pneu- of prey killed or captured by 964 bite or scratch. This is often in mothorax and a chipped tooth and owned cats during a five-month stark contrast to dogs, who will was released after forty-eight hours period in 1997. The report docu- solicit attention and often contin- of observation. mented more than 14,000 prey ue to invite interaction submissive- Although this kind of resilience collected by cat owners from their ly even when maltreated. may have contributed to the percep- animals. Highly controversial The social independence and tion of the “invulnerability” of cats, extrapolations to the entire British resistance to training of most cats, Tabor (1983) attributes the specific cat population led to the assertion along with their “coy” sensuality, notion that cats have “nine lives” to that “domestic moggies could be can present a special challenge or distortions of a statement c. 1560 by killing 275 million creatures a threat to those needing to gain a Baldwin in Beware the Cat, who year” in England (BBC 2001). sense of power and control over wrote, “it was permitted for a witch Hartwell (2004) offers a detailed others as well as over the uncon- to take her cattes body nine times.” critique of the report and provides trollable changes occurring in their At the same time, this resilience is details of some of the alarmist own bodies, that is, adolescent to blame for a great deal of feline reports and anti-cat backlash that boys. It is not surprising that both suffering. Morris (1986, 6) notes, followed its release, including a historically and epidemiologically, “Because cats can survive when call from a renowned wildlife pho- the principal abusers of cats have thrown out and abandoned, it makes tographer that cats should be shot. been young males, particularly it easier for people to do just that.” Patronek (1998) reviewed numer- those seeking to assert their ous studies to evaluate the potential authority. As noted by Serpell Predatory Behavior impact of free-roaming and feral (1986, 156), there is “an element While the hunting behavior of dogs cats on humans and wild animals. of misogyny embedded in this generally is perceived as something He noted that few studies indicate hatred of cats.” He further observes that is useful to humans—as a prac- any long-term effects on songbird or

18 The State of the Animals III: 2005 wildlife populations, and many pro- er centuries. Many of the common his cat, believing the animal to be vide evidence to the contrary. This abuses in this era seemed designed gaining control of him, several report suggested that humane agen- to elicit such cries from cats, reach- days before shooting his wife. cies should continue to urge people ing their nadir in the form of “cat Building on these earlier sur- to keep cats indoors for their safety organs,” musical instruments veys, Felthous and Kellert (1987) and for the safety of potential prey, designed to produce different tones provided a systematic review of the but they should not see predation as through tormenting cats of differ- choice of animals for abuse based a significant concern in assessing ent sizes (Barloy 1974). on interviews with 84 prisoners in the feasibility of trap-test-vaccinate- The “caterwauling” associated two penitentiaries. The greatest neuter-and-release (TTVAR) pro- with female cats in heat, and the variety of cruelties had been inflict- grams to control feral cats (see combat between the males they ed on cats (thirty-three different Slater and Shain, this volume). attract, is often used to justify var- forms of abuse were described), A report released by Defenders of ious forms of abuse. The image of a and most subjects who had abused Wildlife (King and Rappole 2003) rock or shoe thrown at noisy cats cats used several different meth- also questioned the significance of perched on a fence has become a ods. Cats were the most frequent the impact cats have on songbirds, cliché in cartoons and other depic- targets across all forms of abuse based on review of the North Ameri- tions of cats. and were the predominant victims can Breeding Bird Survey and thirty- in cases involving burning, break- six other long-term surveys of migra- ing of bones, or being thrown from tory bird populations. This review Psychopathology/ a height (Table 1). notes: “windows, cats, West Nile Criminology of They conclude: virus, wind turbines—all those spe- Physical features of cats render cific causes of death that are appar- Cat Abuse them suitable for some specif- ent in people’s backyards—are not, As noted above, cruelty to animals ic methods of abuse. Cats have at present, having any known effect in general has long been associated long flexible tails that can be on the population size of any conti- with an increased risk for involve- joined together. Fur burns. nental bird species” (Yakutchik ment in criminal and antisocial Their bones are easily broken. 2003, n.p.). Habitat destruction in behavior (Lockwood and Ascione Cats are small enough to be both winter and summer habitats of 1998; Ascione and Arkow 1999; carried about and dropped these species was considered a much Ascione and Lockwood 2001; Merz- from heights. (231) greater threat to bird populations. Perez and Heide 2003). Cruelty to They note that these qualities cats has been associated specifically are not unique to cats and suggest Nocturnal Behavior with future tendencies toward vio- that cultural patterns and the sex- Creatures of the night have always lence in a number of quantitative ual symbolism contribute to this been viewed with suspicion and are and anecdotal accounts. Felthous selection of cats for abuse by vio- often equated with occult forces. (1980) reviewed eighteen cases of lent offenders. They further note: Nocturnal habits, coupled with the men admitted to an inpatient psy- Although none of the subjects unusual “eyeshine” produced by chiatric service who presented a his- identified cats as symbolic of the reflective tapetum of the cat’s tory of repeatedly injuring dogs or evil women, a “bad mother,” or eye, helped promote the percep- cats. These were compared with a the female genitalia, the possi- tion of cats as something alien and group of assaultive patients who did bility of consciously or uncon- suspicious. Such habits, along with not have a history of animal cruelty. sciously associating cats with the stealth required of a solitary All but one member of the animal women ought to be considered hunter, only reinforce the percep- abuse group had tortured cats. This in aggressive men whose sexu- tion of cats as “occult” (literally group also skewed toward higher al and aggressive impulses may “hidden”) animals. levels of reported aggressiveness to be fused at a primitive level, people. Over 60 percent of these poorly differentiated and poor- Vocalizations subjects reported childhood histo- ly modulated. (232) Darnton (1984) notes that the ries that included brutal punish- This view echoes that of Revitch cries of cats subjected to pain or ments by father and mother, fre- (1965), who suggested that cat torture have a human-like tone that quent childhood fights, and school abuse was associated with sexually contributed to the impression that truancy. motivated murders of women. This an anthropomorphic demon was Felthous (1984) provides case was clearly true in the case of serial being destroyed or driven out when histories of violent crimes involv- murderer Keith Jesperson, who was they were tormented during the rit- ing prior acts of cruelty to animals, convicted of three murders but who uals that were so common in earli- including one in which a man shot claimed responsibility for more

Cruelty toward Cats: Changing Perspectives 19 multiple reports on a case that is Table 1 covered over a long period (e.g., Self-Reported Patterns of Animal Abuse from the original report of the inci- dent through the prosecution and by Incarcerated Prisoners, by Percentage outcome), all the available informa- Form of Reports Reports Reports tion is merged into a single case Animal Involving Involving Involving record. The database in then con- Abuse Dogs Cats Other Species verted into SPSS® format for more Burning — 33.3 66.7 detailed statistical analysis. For this analysis we reviewed Shooting 21.4 7.1 71.4 records of reports on 4,695 cases Breaking Bones 16.7 50.0 33.3 of animal cruelty reported between January 2000 and May 2004. Throwing from Height 30.0 70.0 — These cases involved 5,225 alleged Beating/Stoning 34.5 27.6 37.9 offenders. Despite the higher incidence of cats in the companion an- All Abuses 22.5 27.5 50.0 imal population, they were under- represented in these reports of Adapted from Felthous and Kellert (1987) cruelty. Of these cases, 51.8 percent reportedly involved dogs, than one hundred killings, many of them the target of choice for those 15.1 percent involved cats, 3.7 which involved prostitutes as vic- who are or who are destined to percent involved both cats and tims. In interviews with Jesperson become perpetrators of violence dogs, 3.7 percent involved cats and conducted by the author and Jes- against people. This makes detect- dogs and one or more other person’s biographer (Olsen 2002), ing, reporting, and responding to species, and 25.7 percent involved he has drawn a direct connection acts of cruelty against cats an even other species only—usually horses, from the sense of empowerment he more pressing concern. livestock, fighting cocks, and got from childhood killings of ani- wildlife. mals, usually cats, to the feelings that fueled his murders. A Victimological Cruelty to Cats vs. In the trial of Washington, D.C.- Analysis of Cat area sniper Lee Boyd Malvo, Cruelty to Dogs defense psychiatrist Neil Blumberg and Dog Cruelty Cases were broadly categorized as argued that Malvo’s teen history of To better understand the nature of featuring “intentional cruelty” cat-killing meant that he was cat cruelty cases, The Humane Soci- (e.g., traumatic physical injury), “unable to distinguish between ety of the United States (HSUS) “neglect” (including malnourish- right and wrong and was unable to undertook a detailed review of the ment, abandonment, and starva- resist the impulse” to commit the largest possible sample of such tion), or “collecting or hoarding” sniper killings (Associated Press reports. The HSUS receives daily (i.e., maintaining large numbers of 2003). Federal Bureau of Investiga- media clips from Cyberalert®, a serv- animals in unsanitary conditions tion (FBI) psychologists who ice tracking more than 13,000 without commercial intent, as reviewed Malvo’s history in detail newspapers, magazines, journals, defined by Patronek [1999]). Over- suggested that his pattern of stalk- wire services, TV networks, and local all, 62.7 percent of the cases were ing and shooting cats from a dis- TV stations. These clips are drawn characterized as “intentional.” tance was consistent with his from coverage of stories with any This was significantly higher for actions in his later crimes and mention of animal abuse, cruelty, or cats (69.0 percent) than for dogs served, in some ways, as a rehears- neglect. The reports are then (60.8 percent, chi-square = 15.43, al for those actions (personal com- reviewed, and data on the specifics p<.001). Animals were killed in munication, FBI Special Agent A. of each case are entered into a 47.4 percent of all cases involving Brantley, June 25, 2004). Microsoft Access® database. The cats or dogs. Cats were killed in It is clear from these and other data recorded for each case include significantly more cases in which accounts that the selection of cats offender age and gender, number they were victims (56.9 percent) of as the object of abuse is more than and species of victims, details of the cruelty than were dogs (44.7 per- just a result of their availability. action against the animal, co-occur- cent, chi-square = 32.39, p<.001). Their physical, behavioral, and rence of other crimes, charges filed, In cases that did not reportedly symbolic attributes often make and case outcome. When there are

20 The State of the Animals III: 2005 involve hoarding, there were no significant differences between cats Table 2 and dogs in the number of animals Forms of Abuse in 3,488 Reported abused (for cats, mean = 5.29; for dogs, mean = 6.87) or in the num- Cases of Animal Cruelty—Cats ber of animals killed (for cats, mean Overrepresented, by Percentage = 3.34; for dogs, mean = 4.98). Cats were significantly overrep- Form of Cat Dog Chi Significance Abuse Cruelty Cruelty Square resented, when compared to dogs, Cases Cases in incidents involving several specific forms of intentional abuse Torture 14.9 6.8 44.3 p<.001 (Table 2). Beating 13.4 10.7 4.0 p<.050 There were no statistically significant differences between cat Throwing 11.4 5.3 32.7 p<.001 and dog cases in the incidence of Mutilation 10.6 5.9 18.6 p<.001 hanging, stabbing, shooting, kicking, poisoning, or sexual assault Suffocation 3.4 1.5 10.7 p<.001 (Table 3). Drowning 2.3 .7 11.8 p<.001 Animal cruelty often occurs within the context of family violence, particularly domestic violence (DeViney, Dickert, and Lockwood Table 3 1983; Ascione 1998; Ponder and Lockwood 2001). Companion ani- Forms of Abuse in 3,488 Reported mals are frequently threatened, Cases of Animal Cruelty—Cats and injured, or killed to intimidate or Dogs Equally Represented retaliate against a family member. Overall, 4 percent of animal abuse Form of Cat Dog Chi Significance Abuse Cruelty Cruelty Square cases included concurrent reports Cases Cases of domestic violence. The incidence rate was not statistically significant Shooting 13.4 14.8 .792 p>.30 for cats vs. dogs (4.4 percent vs. 3.9 Poisoning 4.1 3.3 1.060 p>.30 percent, chi-square = .28, p>.5). However, children were more likely Stabbing 3.3 3.0 .202 p>.60 to witness cases of abuse of cats Kicking 2.7 3.7 1.460 p>.20 (5.0 percent) than of dogs (2.7 percent, chi-square = 6.43, p<.05). Hanging 2.0 1.5 .861 P>.30 Young offenders were more likely to be identified as perpetrators in Sexual Assault .3 .6 1.140 P>.28 cases victimizing cats than in those involving dogs. Children under age cases committed by teenagers This reflects the prevailing societal seventeen accounted for 2.9 per- involved boys, as did 97 percent of view that cats are self-sufficient and cent of intentional cat abuse cases the teen dog abuse cases. are less likely to suffer if left unat- and 1.2 percent of intentional dog Cats were significantly underrep- tended or not provided for, thus abuse cases (chi-square = 6.95, resented when compared with dogs leaving them in this condition is p<.05). Teens (seventeen to twenty- in cases reportedly involving neg- often not perceived as neglect, even one years of age) accounted for lect. Of the 931 companion animal when it results in illness or injury. 14.0 percent of all intentional cat cases characterized as severe neg- Virtually all of the dog or cat cases abuse cases and 6.9 percent of dog lect of a small number of animals involving “fighting” represented cases (chi-square = 25.3, p<.001). (rather than hoarding), 89.6 per- action against dogfighting opera- All of the fifteen reported cases of cent involved dogs and 10.4 per- tions. Cats were listed as victims in cat abuse by children under seven- cent involved cats. Looking at it two of 224 cases counted as “fight- teen years of age involved boys, as another way, 36.2 percent of all ing.” In these instances they were did 95 percent of the dog abuse dog-cruelty cases were described as being used as bait or training ani- cases. Similarly, 94 percent of the “neglect,” vs. 16.6 percent of cat mals. Dogs were significantly over- sixty-nine intentional cat abuse cases (chi-square = 82.7, p<.001). represented in the 50 cases in which

Cruelty toward Cats: Changing Perspectives 21 in hoarding cases and 33.3 years in Table 4 all other cases (t = -9.85, p<.001). Victimology of Hoarding and The women involved in hoarding cases were significantly older than Nonhoarding Cruelty Cases the men (t = -1.98, p<.05). Type Mean Number Mean Number There were significant gender of Case Involved Killed differences in the nature of animals who were hoarded (Table 5). Women were overrepresented in Dog: Nonhoarding 6.87 3.34 cases where cats were hoarded, Dog: Hoarding 59.49 19.06 either exclusively or in connection with dogs or other species. Men Cat: Nonhoarding 5.29 4.98 were significantly more likely to be Cat: Hoarding 61.48 33.78 involved in cases where dogs alone were victims of hoarding (chi- square = 32.9, p<.001). animals had been dragged behind a and vehicle (96 percent of such cases). • fails to act on or recognize the Although a significantly higher negative impact of the collec- Implications for proportion of cat cases involved tion on his or her own health intentional acts of malice, which and well-being. Animal Welfare are often a requirement for a crim- Overall, 412 cases in the data- inal charge of animal abuse, base (9.0 percent) were character- and Veterinary charges were filed in significantly ized as animal-hoarding cases. By Professionals fewer cases involving cats than definition, these cases involved sig- Cruelty to cats is a widespread phe- those involving dogs (56.4 percent nificantly higher numbers of ani- nomenon with serious implications of cat cases vs. 65.3 percent of dog mals than did nonhoarding cases, not only for animal welfare, but cases, chi-square = 18.5, p<.001). and, consequently, significantly also for potential identification of This is consistent with the general more animals killed (Table 4). The situations where children, spouses, view that cats tend be less valued number of dogs and cats involved the elderly, and others may be at than dogs, and that cruelty to cats, did not differ significantly in risk. It is likely that the incidence however extreme, is seen as less hoarding cases. The mean number of cruelty to cats is underreported problematic than comparable mal- of animals killed was nearly twice as significantly. The widespread hos- treatment of dogs. high in cat-hoarding cases as it was tility to cats described above cre- in dog-hoarding cases, but this was ates an environment in which cat not statistically significant due to cruelty, even when detected, is Hoarding Cases wide variation across cases and a more likely to go unreported Animal hoarding is a form of ani- smaller number of cases for which and/or unprosecuted. mal cruelty that has received grow- all of these details were available Other characteristics of cat ing attention from veterinary, (62 hoarding cases and 1,382 non- behavior and the human-cat rela- humane, and mental health profes- hoarding cases) (t = -.326, p>.5). tionship make it likely that much sionals (Lockwood and Cassidy In this sample, women were sig- maltreatment of cats is overlooked. 1988; Mullen 1993; Lockwood nificantly more likely than men to Dog owners will usually search for 1994; Patronek 1999; HARC 2000; be involved in hoarding cases (62.5 missing and potentially injured Davis 2003; Berry, Patronek, and percent vs. 37.5 percent, chi-square dogs if they do not return home Lockwood 2005) and the media = 335, p<.001). This is consistent when expected. Injured dogs, as (Arluke et al. 2002). The Hoarding with other reports of this phenom- highly social creatures, will often of Animals Research Consortium enon (Worth and Beck 1981; solicit care from people if they have (HARC) defines an animal hoarder Patronek 1999; HARC 2000). Over- been injured. In contrast, cat own- as someone who: all, perpetrators in hoarding cases ers frequently fail to look for cats • accumulates large numbers of were older than those in nonhoard- who do not return home, often animals; ing cruelty cases. The mean age for assuming they have chosen a life of • fails to provide minimal stan- women was 52.6 years in hoarding freedom. Injured cats are more dards of nutrition, sanitation, cases and 38.8 years in all other likely to hide from, rather than and veterinary care; cases (t = -11.2, p<.001). The seek contact with, people, consis- • fails to act on the deteriorat- mean age for men was 48.7 years tent with their basic nature as soli- ing condition of the animals;

22 The State of the Animals III: 2005 tary predators. Fewer than 5 per- William Blackstone provided an Some case law specifically ac- cent of cats entering U.S. shelters early distinction in common law, cords cats the status of “domestic as strays are ever reclaimed. differentiating between animals animals” (Thurston v. Carter, 92 A. raised for food and those kept for 295 [Me. 1914]; cited in Young “pleasure, curiosity, or whim,” 2001). One of the more infamous Conclusions and which included “dogs, bears, cats, decisions went the other way. In Recommendations apes, parrots, and singing birds,” Commonwealth v. Massini (188 A. noting that “their value is not 2d 816, Pa. Super 1963), a man Cruelty to cats, in its many forms, intrinsic, but depending only on the shot and killed his neighbor’s cat. is a serious problem that dramati- caprice of owners” (in Frasch et al. The court held that cats did not fit cally affects many animals and the 2000, 47). Blackstone notes, how- under the state cruelty code’s defi- people who care about them. It ever, that the ancient Britons nition of “domestic animal” and also should raise concerns about viewed cats as “creatures of intrin- thus had “no intrinsic value in the perpetrators’ potential for other sic value; and the killing or stealing eyes of the law” (Frasch et al. acts of abuse and neglect that [of] one was a grievous crime” (47). 2000). At the time the statute might affect other human and non- For centuries, animal-cruelty defined a domestic animal as “any human victims. Professionals in laws have continued to view the equine animal, bovine animal, veterinary medicine, animal behav- crime of animal cruelty as a prop- sheep, goat or pig.” The statute ior, and animal protection, as well erty crime that deprives the owner was subsequently amended to “any as concerned individuals, can take of the property or the use or enjoy- dog, cat, equine animal, bovine several steps to focus greater ment of that property (Favre and animal, sheep, goat or porcine ani- attention on this problem. Tsang 1993), while society as a mal,” removing the apparent 1. Strengthen and enforce laws whole is increasingly likely to view exemption of cats from coverage in protecting cats and other com- such acts as a morals crime, indica- the state’s criminal code. Although panion animals. tive of poor character, or as a vio- most states currently define “ani- The legal status of cats has under- lent crime that inflicts suffering mal” or “domestic animal” in ways gone some curious changes in the and/or death on a fellow sentient that clearly extend protections to last five hundred years. In the fif- creature. Thus the legal response cats, animal advocates should teenth and sixteenth centuries, it to cat-cruelty cases has often examine existing laws in their was not uncommon for a wide vari- echoed the debates of Napoleonic areas carefully to ensure that such ety of animal species, from insects and common law, centering on the protection exists. to cattle, to be subjected to crimi- value associated with cats and Even when anti-cruelty laws nal prosecution, excommunication, whether they can be considered clearly apply to cats, application of and even execution in a manner “domesticated animals.” these laws may be hampered by the almost identical to the treatment of humans (Evans 1906). Although cats often were killed along with their owners who had been accused Table 5 of witchcraft, Evans found no cases Species Involved in Animal in which a cat was the sole defen- dant. There were, however, many Hoarding Cases cases in which cats appeared as Species Hoarded Hoarder’s Gender “witnesses” at the trials of thieves or murderers. Male Female Most contemporary Western laws Cats Only 25 79 trace their origins to the Code (24.0 percent) (76.0 percent) Napoleon or English Common Law. The Code Napoleon recognized sev- Dogs Only 52 40 eral kinds of cats. Wild cats were (56.5 percent) (43.5 percent) seen as noxious animals whose Both Cats and Dogs 11 45 destruction could be rewarded, but (19.6 percent) (80.4 percent) the law declared that “the domes- Multiple Species with 30 46 tic cat, not being a thing of nought Cats and Dogs (39.5 percent) (60.5 percent) (res nullius) but the property of a master, ought to be protected by Other Species 26 27 law” (Van Vechten 1936). In 1769 (49.1 percent) (50.9 percent)

Cruelty toward Cats: Changing Perspectives 23 perception of the “value” of feline compensation to people who obtain and about them. Publishers, adver- victims. In 1997 three teenage companion animals who subse- tisers, and others who appear to boys broke into an animal shelter quently are shown to have preexist- condone or promote such cruelty in Iowa, bludgeoned sixteen cats ing diseases or genetic defects. The should be notified of concerns and and kittens to death, and injured majority of these are specifically held accountable for treating cat seven others. The three were not puppy “lemon” laws, but several abuse lightly. This should extend as charged with animal cruelty, in (New York, Florida, Connecticut, and well to strong opposition to organ- part because the existing animal- Arkansas) now include cats as well. ized and institutional abuse of cats, cruelty laws were weak and carried The courts are also evolving in including the commercial trade in only minimal penalties. They were their consideration of the effects of dog and cat fur (HSUS 1999) and charged instead with third degree the death or injury of cats on those use of cats in research involving burglary and breaking into an ani- who care for them. In most court pain and distress (Spiegel 2003). mal facility (ironically, this law was cases seeking redress for the loss of 4. Promote humane control of passed with the intent to protect a companion animal, awards, when “problem” or feral cats. research laboratories from animal granted, have been limited to actu- Historically, communities have activists). These charges could al monetary value or veterinary responded to cat-related conflicts have risen to the level of felony costs. This has been changing as by using methods that rarely offenses had the damage inflicted some courts consider the emotion- provide long-term solutions. The on the “property,” that is, the cats, al significance of animal compan- HSUS believes that community cat been in excess of $500. Despite the ions (Wise 1998; Young 2001), and care and control programs should fact that the shelter spent in recent decisions have allowed cat include the following (HSUS excess of $50 per animal for neu- owners to sue for mental injuries 2002): tering, vaccination, and other care when a cat was destroyed (Peloquin • Mandatory registration or in preparation for adoption, a jury v. Calcasieu Parish Police, Jury S. licensing of cats. If a fee is in the rural community decided 2d 1246 [La. Ct. App. 1979]) and charged, it should be higher that the twenty-three cats were not for punitive damages in the mali- for unsterilized cats than for worth the $500 required to elevate cious killing of a cat (Wilson v. City sterilized cats (“differential the crimes to the level of felony, of Eagan, 297 N.W.2d 146 Mn. licensing”). and the men were convicted only of 1980). Still, the movement away • Mandatory identification of misdemeanors (Bollinger 1998). from the common law view of cats cats. In addition to requiring Laws and policies developed to as property with little or no intrin- that cats wear collars and protect and control cats clearly sic value has been slow. tags, communities should have not kept pace with their status 2. Educate the public and other consider implementing a per- as America’s preferred pet. Even professionals. manent identification system when strong anti-cruelty laws are in Much cruelty to cats is rooted in such as microchips. place, they may not be enforced vig- long-standing myths and miscon- • Mandatory rabies vaccina- orously by police, prosecutors, or ceptions about cat behavior and tions for all cats more than judges, who may dismiss animal- biology. Animal protection and vet- three months of age. cruelty cases as being of minor sig- erinary medicine professionals • Mandatory sterilization of all nificance. As this study has shown, need to continue to promote cats adopted from public and this is even more likely to be true of efforts to dispel such misinforma- private animal shelters and cases involving feline victims and tion and to promote a high stan- rescue groups. young offenders. Cat abuse is not a dard of care and responsibility in • Mandatory sterilization of all normal teen pastime, and evidence caring for cats. The HSUS initiated free-roaming cats. suggests that ensuring that such a “Safe Cats” campaign to dispel • A mandatory minimum shel- behavior has immediate and seri- many of these ideas and promote ter holding period for stray ous consequences for the offender responsible care, including a strong cats consistent with that provides a chance for early inter- emphasis on the need to keep cats established for stray dogs. vention at a time when it is more indoors (HSUS 2003). This policy should allow for likely to be effective. 3. Respond to individuals and euthanasia of suffering ani- There is some indication that the organizations promoting abusive mals before the end of the cat’s legal status is progressing slow- practices. holding period. ly in other ways, but it still is not on Cruelty to animals, including • Adequate and appropriate the same level as that granted to cats, should never be taken lightly. shelter holding space, staffing, dogs. At least a dozen states cur- It causes enormous suffering for and other resources necessary rently have “lemon” laws that allow the animals and those who care for to hold stray felines for the

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26 The State of the Animals III: 2005 Indoor Cats, Scratching, and the Debate over Declawing: When 3CHAPTER Normal Pet Behavior Becomes a Problem

Katherine C. (Kasey) Grier and Nancy Peterson

hen pet animals share to stress that they enjoy the com- mousers. The U.S. Post Office our living spaces, their panionship of pet animals in their owned what one observer called Wneeds and natural behav- homes; pointing out the complexi- “quite an army of cats” to protect iors sometimes are at odds with ties and contradictions in living the mail; postmasters in large the varying standards for house- with pet cats is intended to cities even had budgets for “cat hold appearance, sanitation, and acknowledge the historical, socially meat” (this being food for cats, not polite social life that Americans constructed, and changeable char- food from cats). Around markets have established over time. How acter of pet keeping and to encour- and stables and anywhere grain pet owners have resolved these age people involved in companion was stored to service livestock, issues provides insight into their animal welfare work to consider cats were present (Grier, in press). changing ideas about the role of why some practices can be promot- Although the majority of Ameri- animals in their households and ed or simply tolerated, while others can cats still worked for a living as suggests how much, or how little, are problematic. late as the 1940s (Jones 2003), people may actually know about some families enjoyed the compa- the biological behaviors and psy- ny of what memoirist Samuel chological needs of the creatures The History of Canby Rumford of Wilmington, they care for. This essay examines the Cat as a Pet Delaware, recalling his childhood one particular issue associated with in the 1880s, called “just plain the problem of sharing spaces: in America cats.” While cities were home to declawing pet cats as a common The domestic cat (Felis catus) many thousands of feral and solution to avoid destructive arrived in America with the first unowned cats, and even cats with scratching. This is a volatile issue permanent European settlers in owners were sometimes purely ani- and has generated much emotion- the seventeenth century. Ships car- mal workers, ample documenta- al debate. It pits loving cat owners rying immigrants and supplies tion survives of well-cherished pet who see such surgery as an act that almost always carried at least one cats and of cats who were both breaches the trust of responsible cat to kill the rats that plagued workers and well-loved compan- pet care for their feline compan- ships’ food supplies. On shore, cats ions. The Quaker diarist Elizabeth ions against loving cat owners who soon played an essential role as Sandwith Drinker cherished her see the surgery as an act that predators in the ecology of human- old cat, Puss, so much that, when strengthens their bond with their animal communities. Small busi- the cat died from a “disorder feline companions. It divides those nesses and government offices among the cats” of Philadelphia in in the animal welfare and veteri- relied on resident cats to protect 1800, she arranged a funeral for nary community as well, where their contents from rats and mice, the animal. The Rumfords had a many opinions are believed to be and, by the mid-1800s, it was even family pet cemetery with wooden the right opinion. The authors wish possible for city folk to rent good monuments for both cats and dogs

27 dating back to the 1830s. Despite life. Cities had needed them, but down Concord-way what’s kind to efforts to establish a pet-cat now the misery of half-starved feral cats.’” While conventional wisdom “fancy” with a show circuit begin- and unowned cats, and increasing, considered cats to be pets for ning in the 1870s, most cat lovers if misguided, public concern about women and little girls, there were in would have scoffed at the idea of cats as carriers of diseases, includ- fact both male and female cat lovers. buying a “purebred” cat. Pet cats ing poliomyelitis, led to new efforts Samuel Clemens, better known as were acquired from friends or to control their numbers. Whether Mark Twain, was a passionate cat neighbors or adopted as strays. At stray cat populations had increased lover (which may surprise readers of the same time that these lucky dramatically in those years, as advo- The Adventures of Tom Sawyer, cats enjoyed life in the laps of fond cates of control claimed, it is true where Clemens discussed at some owners, in places like the Rum- that hundreds of thousands of cats length the trading and play value of fords’ barn, cats who lived on their were captured and killed between a dead cat among small boys). This own ingenuity “multiplied in great 1890 and 1910. was a trait he shared with his moth- numbers” (Grier, in press). In 1911 the New York Society for er, who, he recalled, succored scores Because cats were expected to the Prevention of Cruelty to Ani- of strays in the 1830s and 1840s. hunt, their owners often assumed mals (SPCA) killed upwards of Once his own family was established, that they could fend somewhat for three hundred thousand cats, most- Clemens indulged his passion for themselves. Thus cats occupied an ly kittens. Philadelphia disposed of cats freely; one daughter recalled ambiguous position in the house- fifty thousand and Boston another Clemens walking around with a cat hold as somehow less tame than twenty-five thousand that same named Lazy draped around his neck dogs, and their quest for prey year. The author of the McClure’s like a stole (Grier, in press). sometimes put them in conflict magazine article that startled read- In sum, pet cats were more com- with humans. For example, where ers with those figures excoriated mon in eighteenth- and nine- households kept poultry, cats were pet owners who abandoned their teenth-century America than has a nuisance because they found cats for the summers or refused to been suggested previously. Some chicks such easy pickings. In May euthanize unwanted kittens: pet cats had real devotees who 1872 cat lover Alice Stone Black- It does not fit in with the loved them and valued them as well, who cared for a small flock at decencies of civilization that so more than mouse catchers. Even her family’s suburban house, found much living and dying should the most beloved pet cats, howev- herself marching over to her next- go on casually, in lofts and cel- er, lived lives that were much dif- door neighbor to “tell him if he did lars and drains and coal-pock- ferent from those of their modern not keep the cat shut up we should ets and vacant houses. Neither counterparts. have to kill it” (Grier, in press). does it accord with a decent For one thing, all cats lived at Eventually the problems caused humanity that so many sen- least part of their lives outdoors. by such ambiguities came to the tient and dependent creatures This was a sensible solution given attention of the animal welfare should be left so completely at the blunt realities of cat ownership: community. By the early twentieth the mercy of circumstances. even pet cats were sexually intact, century, advocates complained (in Grier, in press) expressing a range of behaviors about an apparently common prac- Throughout the nineteenth cen- (unpleasant to humans) that feline tice among city folk of turning out tury, as now, some people were seri- sex lives necessarily engendered. cats for the summer when the famous cat lovers. Lydia Jackson Emer- Further, cat owners who confined ily went on vacation, or of keeping son, Ralph Waldo Emerson’s second their animals had to improvise lit- cats during the summer at the sea- wife, was one of these. Her step- terboxes with sand, wood shavings, side or country house and leaving daughter Ellen complained in an or torn newspaper. Thus, even in them behind when the family 1859 letter to her sister that the big cities, most pet cats were rou- returned to the city for the winter. family not only tolerated a black kit- tinely allowed out to wander, and Also during this time, urban pub- ten, the barn cat, two others named owners expected them to have lic health professionals in the Violet and Kitty Minot, a large black adventures, including fights with largest cities turned their attention cat, and “Aunty’s cat and all moth- other wanderers. In the early to remaking cities into orderly, er’s pensioners,” but that they 1890s, teenager John W. Gould of healthier environments with safe recently had been “much afflicted by Orange, New Jersey, was pleased water, clean streets, and regular the arrival of another cat.” Emerson when his cat Mike matured enough municipal trash pickup. In this con- himself joked that the cat came to have “his experience fighting text, the ubiquitous urban tramp from a nearby town, where she had outside. He has licked all the cat was no longer a joke or even an “met a cat who said ‘Why, haven’t Tramps but one and I think he will unpleasant yet acceptable fact of you heard? There’s a Mis’ Emerson whip that one next time” (Grier, in

28 The State of the Animals III: 2005 press). Leaving the house meant to keep their cats as indoor pets (APPMA 2003–2004). In 2002 that pet cats were exposed to infec- was the growing popularity of spay- there were 77.6 million owned cats tious diseases, injury, or death. ing and neutering. According to and 65 million owned dogs in the However, the fact that many cats the 2003–2004 National Pet Own- United States (APPMA 2003– lived at least part of their lives out ers’ Survey by the American Pet 2004). In an informal survey of of doors also meant that they could Products Manufacturers Associa- declawing across the United States, express their range of behaviors tion (APPMA), 84 percent of cats one author (N.P. 2004) found that more fully. Thus, owners were less were spayed or neutered in 2002. costs at twenty-five veterinary facil- likely to confront certain behaviors Surgically removing the sexual ities for the declawing of forefeet like scratching, and, when they did, organs of cats eliminates some range from $50 to $476, or an aver- they had a handy and inexpensive undesirable behaviors (wandering age of $158 per declaw. Given solution: put the cat outside. to find a mate, fighting, noisy heat Patronek’s estimate that as many cycles) and often decreases others as 25 percent of the owned cat pop- (urine spraying to mark territory). ulation is declawed (2001), this The Changing Sterilization has become synony- would represent 19.4 million de- Experience of mous with responsible pet owner- clawed cats and revenue to veteri- ship, thanks to the work of animal narians of more than $3 billion. Keeping a Cat welfare organizations, animal shel- Any significant lowering of the Several important changes in the ters, and veterinarians (see appen- declawing rate would be a large routines of pet keeping made it eas- dix A). It signals a dramatic change financial loss to the veterinary com- ier for owners to keep cats as in- in human behavior over a relatively munity. Declawing opponents ar- door pets. The first was the inven- short span of time since the 1960s. gue, however, that addressing be- tion of new products specifically for Cats seemed to fit well into havior problems can enhance the cat owners. The most important of changing patterns of living in value of a veterinary practice and these was commercial cat litterbox America. They could live comfort- make up for that loss. By offering fillers. Kitty Litter™ was bagged ably in apartments and small hous- pet behavior services and/or rec- and sold in 1947 by Edward Lowe, a es and were reputed to make fewer ommending outside resources, vet- Florida salesman who dealt in gran- demands on their owners for atten- erinary practices can maintain ulated clay products intended to soak up grease spills. The granulat- ed-clay cat litter business took off Table 1 rapidly because Lowe and his com- Percentage of APPMA Owners petitors were actually responding to latent demand in the market- with Scratching Posts place; manufacturers of pet sup- 1994 1996 1998 2000 2002 plies had been offering cat “toi- Own a lets” containing paper pads for Scratching 28 30 33 37 35 some years. There is other circum- Post: stantial evidence that increasing numbers of cat owners were inter- Source: 2003–2004 APPMA National Pet Owners Survey. ested in considering, or were forced by their living conditions in tion and care than did dogs. In its client loyalty, strengthen their high-rise apartments or near the first survey of American pet owners client services, and generate addi- busy streets of America’s cities, to in 1978, the APPMA reported that tional revenue from services, prod- consider keeping their cats 31.7 million households had dogs ucts, and referrals (Peterson 2002). indoors. By the 1930s, commercial and 16.2 million had cats. Accord- Since 1978, the APPMA has pro- scratching posts became available ing to APPMA statistics, the num- vided a profile of dog owners, but it for sale in pet stores; in 1936, the ber of cats (62 million) exceeded took another twenty years before first U.S. patent for a scratching the number of dogs (53 million) in the association established a simi- post appeared, and numerous varia- American households for the first lar profile for cat owners. Accord- tions followed. By the 1950s, pet time in 1992. Cats have continued ing to the 1998 cat profile: 68 per- stores even offered spray repellants to outpace dogs since then, and cent of owners were female; the intended to keep cats away from the number of households that average age of a cat owner (male or furniture (Grier, in press). have a cat increased faster (8 per- female) was forty-five; and more cat The second important change cent) than the number of house- owners were single (36 percent) that made it easier for cat owners holds with any pet (3 percent) than were dog owners (27 percent).

Indoor Cats, Scratching, and the Debate over Declawing: When Normal Pet Behavior Becomes a Problem 29 arthritis), cats’ physical and men- Table 2 tal needs being unmet by their Demographic Profile of Cat Owners caregivers, or the stress caused when cats are expected to adapt to Female: 68 percent changing human routines. In 1950 one-person households Age: 40–49 (25 percent) accounted for 9.5 percent of all 50–64 (20 percent) households; by 2000, they accounted for 26 percent, an all- Marital Status: married (59 percent) time high. Even in multiperson single (19 percent) (second largest) families, however, pets are often left home alone for many hours Over the course of their lifetime, 67 percent of cat owners have been pet every day. This situation has owners for more than twenty years. prompted the creation of new pet services such as “doggy daycare” Source: Ralston Purina 2000. and professional dog walkers, but nothing comparable is available for cats in most communities. Be- Table 3 cause cats are presumed—not without some justification—to be Reasons for Removing a Cat able to occupy themselves indoors from the Household just as they used to fend for themselves outdoors, they have become Eliminating Outside the Litterbox: 33 percent the exemplary urban pet. Yet, rea- Biting People: 14 percent sons given for why cats are surren- dered to shelters reveal that be- Intolerant of Children: 11 percent havior problems account for many Scratching People: 11 percent such relinquishments. Most cats who enter shelters are between six Destroying Household or Personal Items: 8 percent months and three years of age and have lost their homes due to unac- Source: Ralston Purina 2000. ceptable behavior (Miller et al. 1996; Patronek et al. 1996; For the 2002 survey, collected in- Commercial cat food had been Salman et al. 1998, 2000; Kass et formation indicated that 11 per- available since the 1890s, but it al. 2001). Behavior problems ac- cent of cat owners were females liv- was rarely used until the 1930s, counted for 14 percent of the rea- ing alone and 7 percent were males and it began to outsell dog food in sons owners reported for surren- living alone (Armstrong, Tomasello, 1958 (Jones 2003). dering a cat; the most commonly and Hunter 2001). reported behavior problem in cats Increasing interest in cats as Unacceptable was fearfulness, followed by pets has lead to more intensive scratching the furniture, not using patterns of care. In the late 1960s Cat Behavior the litterbox, and objecting to and early 1970s, the growth of the Pet cats live longer lives thanks to being held (Miller et al. 1996; Line pet-cat population and the improved health care and nutrition 1998). Other studies show that demands of cat owners stimulated and an indoor lifestyle. From 1987 destroying household or personal several veterinary schools to add to 2000, the life span of the aver- items is among the top five reasons more information on cats to their age cat increased by more than for removing a cat from the house- curricula, publishers to include one-third, according to the Ameri- hold (but not necessarily bringing cats in their veterinary texts, and can Veterinary Medical Association the pet to a shelter) (Table 3). pharmaceutical companies to in- (AVMA) (2002). This increased life It has been estimated that behav- crease the range of products avail- expectancy means that owners are ior problems are identified in 5 per- able for cats (Jones 2003). Cats more likely to experience behav- cent of all veterinary visits, account Magazine was founded in 1945, a iors that they cannot tolerate, such for 20 percent of a veterinarian’s number of popular advice manuals as urination outside the litterbox, time, are the main reason for came out after World War II, and which is associated with deteriorat- euthanasia of pets, and cause prac- many other publications followed. ing health (conditions such as titioners to lose 15 percent of their

30 The State of the Animals III: 2005 client base annually (Landsberg munities, such as Aurora, Col- membership magazine urging own- 1991a). Approximately 97,000 cats orado; Overland Park, Kansas; and ers to keep their cats indoors. are euthanized annually in small Muscle Shoals, Alabama, are “Most cats,” she added, “will soon animal veterinary practices in the adopting ordinances that mandate get the idea that the scratching United States because of behavior confinement for cats, a common post is the perfect outlet for their problems (Patronek and Dodman requirement for dogs (Aurora: Sec. need to use their claws” (in Dasch 1999). Although veterinarians 14-101. Running at large. [a] Pro- 1984, 15). (This was also men- seemed unwilling to euthanize ani- hibited. It shall be unlawful for the tioned in Fox 1987.) mals for behavior problems solely owner of any cat to fail to keep the Cats continued to figure promi- on the basis of a client’s request, cat from running at large within nently in the HSUS News, but, many did not inquire routinely the city. Code 1979, §7-30; Ord. while the articles encouraged about animal behavior and often No. 97-51, §8, 10-13-97). keeping cats indoors, the majority were not confident enough in their Animal welfare groups, including of cover photographs and internal clinical skills to treat behavior prob- The Humane Society of the United editorial photographs depicted lems (Patronek and Dodman 1999). States (HSUS), have played an cats outdoors and without collars important role in the emphasis on (Summer 1985, Spring 1987, keeping cats indoors. To prevent Spring 1988, Fall 1991, and Spring Keeping Cats destruction by indoor cats, the late 1993 issues) and indoors without Indoors Phyllis Wright, HSUS director of collars (Winter 1988 and Winter Companion Animals, recommend- 1990 issues). According to D.J. The human population demograph- ed that cats’ claws be trimmed reg- Salem, editor of the Massachusetts ics mentioned previously and the ularly and carefully with a special Society for the Prevention of Cruel- risks of diseases, poisons, attacks by nail clipper and that cats be taught ty to Animals’ Animals magazine other animals, abuse by humans, or to use a scratching post in the first (1976–1979) and of the HSUS speeding vehicles make the great of several articles in The HSUS’s News (1981–1999), animal protec- outdoors a dangerous place for free- roaming animals. When cats are left outside unsupervised, their chance of being injured, becoming Table 4 ill, or even dying is increased. The estimated average life span of a Cat Owner Routine, by Percentage free-roaming cat, even one who Cat Indoors During the Day Cat Outdoors During the Day ventures outdoors unsupervised only occasionally, is less than three 1998 56 18 years, compared to fifteen to eight- 2000 54 11 een years for the average indoor- only cat (HSUS 2003). 2002 57 14 It is important to remember that cats have always lived their Cat Both Indoors and Cat Outdoors Only lives outdoors; what is different Outdoors During the Day During the Night today is that the risks most cat owners were once willing to 1998 34 68 assume as simply part of the reality of keeping a cat have become 2000 35 63 less acceptable to many. Two out 2002 29 68 of three veterinarians now recommend keeping cats indoors, most often citing dangers from vehicles Cat Outdoors Only Cat Both Indoors and and disease (Jacobs, Jenner, and During the Night Outdoors During the Night Kent 2001). Because fewer than 5 percent of “found” cats taken in 1998 16 23 by animal shelters are reunited 2000 12 25 with their families, many animal shelters now require potential 2002 14 16 adopters to promise to keep their cats safely confined. Some com- Source: APPMA 2003–2004.

Indoor Cats, Scratching, and the Debate over Declawing: When Normal Pet Behavior Becomes a Problem 31 tion magazines struggled for Zawistowski, personal communica- and aggression toward humans; for decades with the dearth of collared tion with N.P., August 18, 2004). adult cats the problems were inap- animals in agency-purchased—as Zawistowski recalls that the most propriate elimination, aggression well as in unsolicited—photo- heated arguments in the education toward other animals of the same graphs (personal communication department at that time involved species, aggression toward hu- with N.P., November 2004). Salem the issue and focused on the mans, and property destruction believes that the evolution in pho- impact that cats could have on (Patronek and Dodman 1999). tographic images came not as a wildlife populations and the poten- Kittens begin to retract their result of increased sensitivity to tial dangers to cats. The ASPCA claws at about twenty-eight days of the issue on the part of magazine Complete Cat Care Manual (Edney age and begin to scratch by day staffs but rather with the advent of 1992) included information on thirty-five (Beaver 1992). Thus, computer software that allowed how to build a cat run as a safe out- eight-week-old kittens are just the digital “addition” of collars to door venue. The promotion of beginning to scratch when they are stock photographs. Commissioned indoor cats continued in the more adopted into new homes and can photography, although rarely used recent ASPCA Complete Guide to be introduced immediately to by The HSUS because of its cost, Cats (Richards 1999). scratching posts and other accept- depicted both cats and dogs wear- able objects to satisfy their need to ing collars, beginning in the mid- scratch. Cats scratch to (1) condi- 1980s (The HSUS’s “Until There is Indoor-Cat tion their claws by removing old None, Adopt One” poster is an Behavior Problems nail sheaths, (2) display domi- example). Salem notes that nance in front of subordinate cats, agency-provided stock photos and the Debate (3) scent mark with the glands on depict collarless animals to the their paws, (4) visually mark by same extent they always have, but over Declawing leaving shredded matter as evi- photo retouching can “cure” the One behavior that figures promi- dence, (5) stretch and exercise problem. She notes that internal nently as distressing to cat owners their forelegs, and 6) enjoy a pleas- discussion on both of these sub- is scratching. It is second only to ant sensation. jects (outdoor cats and collars) climbing in controllable behavior and attempts to reconcile policy (Table 5). with available images began soon The top four behavioral prob- A History after her arrival at The HSUS in lems owners of kittens cited during of Declawing 1981. By 1996 the cover of the veterinary office visits were (from In the last forty years, an increasing Spring HSUS News depicted an most frequent to least frequent) number of indoor cat owners have indoor cat with collar and ID tag. inappropriate elimination, proper- chosen to deal with clawing at furni- Shelter Sense, the HSUS publica- ty destruction, aggression toward ture and household textiles through tion for the animal-sheltering com- other animals of the same species, munity, addressed the issue of indoor cats early in April 1989, August 1990, and March 1994. In Table 5 2002 The HSUS launched its Safe The Pros and Cons of Pet Ownership, Cats campaign to educate owners about the consequences of and by Percentage of Respondents solutions to letting owned cats Benefits Drawbacks roam unsupervised outdoors. An unpublished HSUS survey (R. Companionship, Love, Company: 88 Sadness When They Die: 49 Lockwood, personal communica- Fun to Watch/ tion with N.P., July 22, 2004) indi- Have in Household: 75 cated that 74 percent of respondents somewhat or strongly favor Convenience, Easy to Maintain: 67 Shedding: 38 keeping a cat indoors all the time or Relaxation, Relieves Stress: 65 Climbs on Countertops/ under supervision when outdoors. Tabletops: 34 The American Society for the Prevention of Cruelty to Animals Like Child/Family Member: 62 Damage to Furniture (ASPCA) began its transition to a or Carpet: 30 preference for keeping cats Source: APPMA 2003–2004. indoors about 1989 or 1990 (S.

32 The State of the Animals III: 2005 a surgical solution, declawing (feline (1964); Kansas (1964, 1976, 1984); urged owners of indoor cats to pro- onychectomy). The last bone of each Pennsylvania (1971, 1994); UC vide a suitable object on which to toe is amputated, with a guillotine- Davis (1977, 1989); and Texas scratch, but none offered declaw- type nail clipper, scalpel blade, or (1972). R. McClure, D.V.M., (per- ing as a solution. Then, as now, laser, to prevent regrowth of the sonal communication with N.P., other, more laissez-faire, attitudes claw, which is adhered to the bone. February 26, 2003) indicated that existed: “A special post is not neces- The early history of the procedure he was doing an occasional declaw- sary if other suitable provision has remains unclear. A search (by N.P.) ing procedure as early as 1951 in been made; the substitute must be of thirty antiquarian veterinary private practice. In 1953 the Merri- something he likes to use, such as a books published between the 1900s am-Webster Dictionary first offered chair a cat has chosen which may to the 1950s uncovered no refer- a definition of declaw: “to remove be given to him” (Bryant 1969, ences to declawing. A search of the claws of (as a cat) surgically.” 44–45). However, Whitney (1953, more recent veterinary medical lit- One feline veterinarian reports 262) does include one reference to erature for declawing and onychec- that even early (circa 1968) pub- surgical intervention: “As a last tomy in cats yielded forty-eight stud- lished discussions of declawing in resort, your veterinarian can oper- ies from 1973–2002 on the effects of veterinary journals primarily dis- ate on two toes in each foot and cut different techniques, anesthesia and cussed refinements of technique. a little tendon to prevent a cat from pain medications, attitudes of own- She hypothesizes that the first clawing furniture, wallpaper, etc.” ers, assessment of complications, declawings were done on captive By the early 1960s, declawing was measurement of pain, and other lions and tigers and other wild presented as an option for owners topics. The earliest citation for felines (J. Hofve, D.V.M., personal who used veterinary care: declawing was Nagle’s A Technique communication with N.P., March A comparatively new cat cus- for Feline Onychectomy (1976), 19, 2003). J. Peddie, a 1965 gradu- tom, de-clawing an indoor cat, which describes a technique for ate of Cornell in private practice saves endless wear and tear, declawing cats that Nagle had used from 1969 to 1991, started to without making any apprecia- for the previous twenty years. declaw exotic cats in 1969 in Thou- ble difference to the cat. When The technique of declawing sand Oaks, California, because of you take your cat to the hospi- seems to have entered some small- that location’s proximity to the tal for the altering operation, animal surgical curricula in the movie industry (personal communi- consult with the veterinary sur- 1950s. Class notes on feline sur- cation with N.P., March 21, 2003). geon who can de-claw the cat’s gery from the College of Veterinary Declawing was standard procedure front paws at the same time Medicine at Iowa State University to satisfy the industry’s liability and under the same anesthesia. turned up the first discussion there insurance carriers. At the time, a (Schulberg 1961, 128–129) of declawing in 1955 (George pioneer of exotic animal care, M. Although more research remains Beran, D.V.M., personal communi- Fowler, D.V.M., had developed an to be done on the spread of the cation with N.P., March 25, 2003). exotic declawing technique that practice, by the 1970s declawing An informal survey (by N.P.) of thir- involved a total disarticulation of seems to have become a normal ty veterinarians in practice, retired the third phalanx. This technique part of feline medical care. from practice, or in school con- severed the main tendon that pulls ducted at the HSUS exhibit booth the toes into the paws. The result- The Financial at the 2004 annual American Vet- ing “floppy” toes caused ulceration Component erinary Medical Association confer- of the animals’ central foot pads, There are currently 77.6 million ence in Philadelphia indicated that which supported their full weight. owned cats in the United States declawing was not taught to those Peddie modified Fowler’s technique, (American Pet Products Manufac- who graduated from Auburn (in which he found in Fowler’s books on turers Association 2003–2004). In 1943); Guelph (1947); Pennsylva- exotic medicine and surgery on cats an informal survey undertaken at nia (1951, 1952, 1957); Georgia weighing more than one hundred the American Veterinary Medical (1955); Cornell (1961); Ohio pounds. Peddie’s technique left the Association (AVMA) conference in (1999); Oklahoma (2003); UC extensor process (which enables Philadelphia in 2004, one author Davis (1970); or Wisconsin (2002). extension of the claws) intact, thus (N.P.) found costs for declawing the Other veterinarians indicated that giving cats toes with which they forefeet at twenty-five U.S. veteri- declawing was taught when they could grip and on which they could nary facilities ranged from $50 to graduated from Iowa (1949, 1981, balance. $476, averaging $158 per declaw. 2005); Auburn (1951, 1969, 1984); Many popular books (Simmons (Declawing is commonly combined Cornell (1956, 1965); Georgia 1935; Harman 1948; Schrody with spay/neuter surgery, which (1975); Ohio (1959, 1971); Purdue 1957; Deutsch and McCoy 1961) allows the cat to undergo only one

Indoor Cats, Scratching, and the Debate over Declawing: When Normal Pet Behavior Becomes a Problem 33 period of anesthesia.) Accepting undergo other less defined ‘person- cruelty statutes in the California Patronek’s estimate that as much as ality changes,’ the results of sever- Penal Code to make it a misde- 25 percent of the owned cat popula- al studies do not support these meanor for any person to perform, tion is declawed (2001) translates beliefs.” The problem was and procure, or arrange for surgical into 19.4 million declawed cats, remains a lack of hard data. Hetts claw removal, declawing, onychec- representing more than $3 billion pointed out that “no prospective tomy, or tendonectomy on an exot- in revenue to veterinarians. Such an studies, in which the frequency of ic or native wild cat species. The amount represents a significant problem behaviors are (sic) meas- AVMA officially opposed declawing source of income. ured before as well as after declaw- of exotic cats in January 2004. ing, have been done” (personal In response to this legislative The Case Against communication with N.P., February action, the Cat Fanciers Associa- Declawing 11, 2003). Thus, “the most that tion (CFA) announced its opposi- Declawing became controversial can be said about adverse behav- tion to any legislative attempts to soon after it appeared as an elective ioral sequelae to onychectomy is target veterinary elective surgical surgery in small-animal practices. that they remain as hard to dismiss procedures. According to the CFA, Carr (1963, 113) called it a “drastic as they are to quantify” (Patronek few declawing procedures are exe- remedy” to be confined to “a few 2001, 936). cuted on exotic/wild cats in Cali- problem cats.” He reported anecdo- In recent years declawing has fornia, and the option to declaw tally that “occasionally a cat will be become a controversial subject needed to remain available to expe- taken to a vet to be put to sleep outside the veterinary and re- rienced individuals based on their because it has been guilty of so search communities as well. Cat veterinarian’s professional judg- much damage with its claws.” Carr owners have been urged by some ment and advice. However, three added that the practice was already behaviorists, veterinarians, animal other California cities—Berkeley, so hotly disputed that welfare groups, cat writers, and Malibu, and San Francisco—passed [T]wo very respected leaders in others to accept scratching behav- resolutions condemning declawing. the cat fancy have offered a ior as normal and to seek alterna- There is no consensus on the reward for the “arrest and con- tives to surgical remedies. In 1998 effects of declawing on the person- viction” of anyone who has the ASPCA issued a policy state- ality or behavior of cats. Some been responsible for declawing ment condemning argue that declawing can cause a cat. Declawing is not against [D]eclawing of cats as a matter postoperative discomfort or pain the law, of course. These people of supposed convenience to cat (Davis 1993; Estep and Hetts believe sincerely that it should owners. It is a form of mutila- 1994; Pollari and Bonnett 1996; be outlawed. (Carr 1963, 113) tion and it does cause pain. The Overall 1997; Jankowski et al. Opponents argued against the only time the surgery should be 1998). Others point out that when surgery because of psychological considered is when the health it is done properly, declawing caus- trauma to cats. Beaver (1992, 81) and safety of other animals, es minimal pain, improves the pet- pointed out human beings or the individual owner relationship (Houpt 1991; [C]ats that depend on their cat is involved, and euthanasia Yeon et al. 2001), and is a better claws as weapons or for climb- or abandonment the only real- alternative to relinquishment or ing can become psychologically istic alternative. euthanasia (Ames 1968; Lands- and physically traumatized if Declawing has even become a berg 1991b; Estep and Hetts they suddenly discover their matter for municipal legislation. In 1994); Phillips and Phillips 1994). lack of claws. Even though 2003 West Hollywood, California, Small-animal practitioners see there is no evidence of long- became the first city in North Amer- all kinds of owner behavior, some term problems as a result of ica to prohibit declawing. The of which is less than ideal, and they this procedure, there remains a AVMA opposed the bill on the recognize that even conscientious moral controversy about the grounds that veterinarians are bet- pet owners have different levels of surgery, and a perception exists ter suited than are politicians to tolerance for destructive pet that other problems, such as make medical decisions. The initial behavior. Indeed, one study sug- biting and jumping on coun- attempt to include domestic cats in gests that furniture clawing is ters or tables, will develop. the state bill was defeated, but a often ignored unless it is per- Yet Hetts (1999, 78) argued revised bill, A.B. 1857, was intro- formed on some object of high eco- that, “although it has long been duced in February 2004; signed into nomic value (R. Lockwood, person- believed that declawing causes cats law on September 24, 2004; and al communication with N.P., July to become aggressive (to bite), to took effect January 1, 2005. The 22, 2004). In the most extreme have litterbox problems, and to law added a section to the animal cases, owners deciding between

34 The State of the Animals III: 2005 euthanasia and declawing will not berg 1991b; Beaver 1992; Donald 1992). It also teaches the cat to run tolerate the infrequent furniture 1992; Shelter Sense 1994; Houpt, from the owner (Beaver 1992). Fail- scratching that might occur Honig, and Reisner 1996; Lamb ure at training may also reflect (Houpt, Honig, and Reisner 1996). 1996; Overall 1997; Lachman and self-selection on the part of owners Thus veterinarians tend to frame Mickdeit 2000; Christensen and unable/unwilling to invest the their observations on the topic in HSUS staff 2002; Horwitz 2003; amount of time dog owners must terms of two choices, declawing or Thornton 2004). Public education to end up with a comparably obedi- relinquishment. They resent the on normal cat behavior seems to be ent animal. suggestion that they cause unnec- a powerful tool: one study found Another approach is to enhance essary pain when performing the that the incidence of relinquish- public understanding and tolerance surgery, arguing that the cats they ment decreased if cat owners had of normal cat behaviors such as declaw behave normally soon after read a book or other educational scratching. Understanding cats and the surgery. Many veterinarians materials about feline behavior their behavior was addressed only point out that the improvement in (Salman et al. 1998). relatively recently in HSUS publica- surgical techniques and analgesics Still, little is known about the tions. Although the HSUS News was and the more frequent use of anal- success or failure of cat training. a report to the members on the gesics during and following declaw In one study on pet keeping (Ral- activities of The HSUS, the Spring surgery has made what was a ston Purina 2000), the top four 1995 issue did feature “More than a potentially traumatic surgery much cat-behavior problems mentioned Meow” and the Winter 1996 issue less so nowadays.1 by owners were clawing the furni- included “When the Litterbox is a Opponents of declawing cite a ture (20 percent), climbing on fur- Letterbox,” both behavior-oriented study by Kass et al. (2001) that niture or counters (16 percent), articles. The Summer 2001 issue of showed that, although 18 percent eliminating in the house outside The HSUS’s new members’ maga- of the cats specifically presented to the litterbox (10 percent), and zine, All Animals, introduced a vet- shelters for euthanasia were relin- bringing birds and/or mice into erinary column by Debra Horwitz, quished for behavioral reasons, the house (8 percent), all natural D.V.M., DACVB, veterinary behavior- destructiveness inside or outside behaviors for a small, agile, preda- ist, and subsequent issues featured the home was, at 14 percent, not tory animal. Dog owners are cats and their behavior (Horowitz even in the top ten objectionable encouraged to seek obedience and 2002, 2003, 2004). Veterinarians behaviors. Loewenthal (2002) other forms of training, yet many who visited HSUS exhibit booths at found that relatively few declaws cat owners seem unwilling to make the AVMA and North American Vet- were performed as last-ditch efforts this same kind of effort with their erinary Conferences in 2003 and to save a cat from going back to the cats and consider their cats to be 2004 received a free HSUS Pets for shelter. untrainable. Cat owners do not Life behavior CD-ROM with behav- seem to be highly successful disci- ior tip sheets they could distribute plinarians. Disciplining or scolding to their clients. Until recently, vet- Alternatives their pet is the top method used by erinarians frequently relied on myr- to Declawing cat owners (35 percent) to handle iad copied journal articles, which behavior problems; 24 percent of were not directed to pet owners, for Cat owners are now presented with cat owners say they do nothing this purpose. two nonsurgical options for dealing when their cat misbehaves. Only with clawing: nail trimming and the 30 percent of cat owners have use of plastic nail caps coupled with solved their pet’s behavior prob- An Ethical diversion, through training, the lat- lems completely, although 42 per- ter using both aversive and positive Question cent of cat owners say they have reinforcement. Nail trimming is made some progress (Ralston Puri- much easier for owners to perform with Practical na 2000). Complicating the pic- when cats have become accus- ture further is evidence that scold- Consequences tomed to the procedure from kit- ing and discipline to discourage Opponents of declawing have tenhood. Cat behavior experts cats from scratching without pro- strong feelings on the subject. believe that undesirable scratching viding an acceptable substitute can “Declaw? Never. How would you like can be prevented or eliminated actually backfire (Beaver 1992). It to have your nails pulled out one by with appropriate behavior modifica- can lower the scratching threshold, one and be forced to walk around tion techniques and urge owners to so that the cat is attempts it even on stumps for the rest of your life?” consider surgical intervention only more frequently, and the animal’s announce Janik and Rejnis (1996, as a last resort (Lewis 1984; Lands- frustration increases (Beaver 95). Declawing is “the worst sort of

Indoor Cats, Scratching, and the Debate over Declawing: When Normal Pet Behavior Becomes a Problem 35 cosmetic surgery—done entirely indoors in the United States. (The tion was not important (51.4 per- for the convenience and benefit of indoors phenomenon seems to be cent vs. 64.4 percent), but more the cat’s owners, and almost always United States-based. Although than half of those ranking protect- to the detriment of the cat. “It’s 42.73 million cats live in Western ing animals as a high priority still the equivalent of having your fin- Europe, and data on the percent- favored declawing, a level of sup- gers cut off at the top joint,” age living indoors have not been port not seen for any of the other according to Christensen (2002, published, the proportion of pet practices surveyed (e.g., 10 per- 157). This is a far stronger position cats who are housed indoors is cent opposed increased penalties than one espoused twenty years lower in Britain than it is in the for dogfighting or cockfighting; 10 previously by Fox: United States). The prevalence of percent opposed restrictions on With a persistent clawer, it is a declawing in the United States sow confinement). simple procedure to trim the may be due to the fact that many G. Patronek, former director of claws with a nail trimmer. Some more cats are confined indoors Tufts Center for Animals and Public cats will fight being restrained than are confined in Europe (Turn- Policy, says that animal welfare for this, and for some owners er and Bateson 1998). workers err in basing their opinions the only alternative is euthana- An unpublished survey indicates on the effects of declawing solely sia. A third alternative is declaw- that 55.4 percent of the American on the animals seen in shelters and ing, and although it is a contro- general public strongly favored or without comparison to the general versial subject, I think it is better favored declawing. Support for population. He suggests that, when than getting rid of the pet be- declawing was significantly associ- judgments are made without a cause it persists in clawing furni- ated with income, with 42.6 per- proper comparison group, a com- ture or people. (1974, 147) cent of those with incomes under mon trait (such as having a full- Clients and practitioners are $20,000 and 62 percent of those time job) may appear to be associ- beginning to express ethical con- with incomes over $50,000 favor- ated with relinquishment just cerns about onychectomy. These ing the procedure (R. Lockwood, because there are so many owners concerns are developing at the personal communication with N.P., with that trait (personal communi- same time that attitudes are July 22, 2004). Those who favored cation with N.P., February 2, 2003). changing in the United States keeping cats inside were also more The question, he says, is whether it toward the practices of tail dock- likely to support declawing (48 occurs more frequently with ani- ing and ear cropping in dogs. The percent) than were those who were mals brought into shelters than AVMA’s policy on declawing indi- opposed to declawing but support- with those remaining in their cates that the procedure is justifi- ed keeping cats inside (31 per- homes. Lack of appreciation of this able, with adherence to appropriate cent) (R. Lockwood, personal com- logic has led to draconian adoption surgical and medical principles, munication with N.P., July 22, policies (no one who works full when the cat cannot be trained not 2004). More than 39 percent of time can have a puppy, for exam- to use his or her claws destructive- those who opposed allowing a cat ple) that are only now becoming ly, but it should not be performed outside unsupervised still favored recognized as counterproductive solely for cosmetic purposes (Over- declawing, with 23 percent oppos- (personal communication with all 1997). ing both declawing and allowing N.P., February 2, 2003). Internationally, declawing is con- cats outside without supervision. Patronek points out that if sidered mutilation and is either This suggests that declawing was declawing procedures using good illegal or considered extremely in- not seen as a welfare issue in the surgical technique and analgesia humane and to be performed only same way as were other issues in caused the large number of neurot- under extreme circumstances in the survey, which included dog- ic behavior problems alleged by Australia, Austria, France, Belgium, fighting, chaining a dog for extend- some advocates, shelters would be Brazil, Denmark, Finland, Ger- ed periods, puppy mills, chimps in deluged with spraying, biting cats many, Great Britain, Ireland, Italy, research, and canned hunts, but (2001). This doesn’t mean that Japan, Montenegro, Netherlands, excluded tail and ear docking. some cats may not be affected New Zealand, Norway, Portugal, Many respondents who opposed adversely by declawing, but the evi- Serbia, Slovenia, Sweden, and other practices did not oppose dence isn’t there yet to support a Switzerland (The Paw Project, declawing. Those who reported broad-based problem or to identify http://www.pawproject.com/html/ that they thought protecting ani- which cats are likely to be harmed faqs.asp). mals from cruelty and abuse was seriously by the procedure (person- Ironically, the debate over “very important” were significantly al communication with N.P., Janu- declawing is inadvertently at odds less likely to favor declawing than ary 30, 2003). with the campaign to keep cats were those who said such protec- Patronek offers a possible expla-

36 The State of the Animals III: 2005 nation for shelter workers’ percep- where declaw/neuter packages are especially when it’s not difficult tion that inappropriate elimination routine. While both the animal to teach a cat to use a scratch- may be linked to declawing. He welfare community and the major- ing post. Instead of declawing sees it as a statistical artifact asso- ity of pet owners now agree that your new cat, get her a great ciated with these observations: spaying and neutering should be scratching post (or two) and owners who declaw their cats are routine, the fact remains that in teach her how to use it. That likely to be much more concerned both groups, declawing is usually said, if the choice is between about their furniture and house- preemptive, anticipating future getting rid of the cat, keeping holds than owners who don’t; behavior of pet cats. him outdoors, or declawing, therefore, when declawed cats in What can and should be done then declawing is the best these households have an inappro- about the difference in perception option. (Thornton 2004, 200) priate elimination problem, those between the animal welfare com- The question then becomes, is owners have a low tolerance for munity and average cat owners? the animal welfare community will- damage and turn the cats in rather One important first step may be ing to live with this kind of practical than working to resolve or tolerat- decoupling declawing and neuter- ethics on the part of pet owners? ing the problem (Patronek 2001). ing in veterinary practice and Since the “last resort” argu- In contrast, owners of cats with returning declawing to its former ment is the premise behind so claws are less concerned about fur- status of last-resort surgery. As many national recommenda- niture, and so forth, so when their Christensen and the staff of The tions and local policies, it cats develop an inappropriate elim- HSUS (2002) note, onychectomy seems there would be data on ination problem, they are much “is almost never medically or the likelihood of owners to less likely to turn them in and behaviorally necessary, and should relinquish cats with claws and more likely to tolerate or attempt never be considered routine or on the propensity of potential to resolve the problem (Patronek done preemptively.” Enhancing adopters to reject a shelter 2001). From the shelter workers’ owner and small-animal veterinary that prohibits declawing. But perspective, they encounter the education about cat behavior is an while studies have shown that former group, and the latter are important step. It is also clear that many owners relinquish cats invisible to them. Therefore, the more research on socializing cats for scratching furniture and logical conclusion is that inappro- and retraining cats with behavior other household items, it’s priate elimination is associated problems is very much needed. This unclear whether a declawing with declawing. Patronek also cau- research needs to generate practi- surgery would have prevented tions that, unless one knows how cal options for cat owners, not sim- those surrenders or whether many non-declawed cats in homes ply identification of long-term those cat owners were aware of exhibit inappropriate elimination behavioral trauma in declawed effective options in the first behavior, one can’t draw that con- cats. Finally, the animal welfare place. (Lawson 2004, 20) clusion. Patronek suggests that community may need to acknowl- It behooves all involved in pro- one reason that declawing looks edge that there are occasions when moting the welfare of cats to edu- “protective” against relinquish- declawing is appropriate, as in cate, educate, educate so that ment in retrospective studies is cases where accidental clawing may declawing is no longer viewed as a because it is a marker for other fac- affect the health of an owner or routine preventive surgery but tors (like socioeconomic status when the occasional adult cat truly becomes a “last resort.” and providing veterinary care) that absolutely resists other kinds of are highly correlated with pet training interventions and the retention. “That doesn’t mean,” he owner wishes to continue keeping The Future says, “that if you declaw cats it will the animal indoors. Making other- of Declawing reduce their relinquishment across wise good-enough owners defensive Pet owners turn to veterinarians the board” (personal communica- about their care for their animals more often than other sources for tion with N.P., January 31, 2003). does not benefit anyone. Should pet care advice. Patronek (personal Further, the success of cam- the best position that ordinary cat communication with N.P., February paigns for spaying and neutering owners may be expected to take on 1, 2003) notes that “veterinarians may have inadvertently normalized declawing be much like the posi- are still the most accepted source of the idea of routine surgical inter- tion expressed by the author of one information about pet issues, and vention to reshape cat behavior. recent book on cat care? when they treat [declawing] as a This idea is reinforced by the link- Ethically, it’s difficult to justify perfunctory part of owning a cat, age between the two practices in this kind of mutilation simply then it’s no surprise that a lot of small-animal veterinary practices, for an owner’s convenience,

Indoor Cats, Scratching, and the Debate over Declawing: When Normal Pet Behavior Becomes a Problem 37 owners do not think twice about it.” discussion might actually get peo- Patronek suggested that one rea- ple thinking about whether they Appendix son attitudes about declawing are really do need to declaw. slow to change is that, when the Patronek believes that, short of Organizations’ arguments focus on the brutality of that, falling back on the ethical Positions on the surgery, there are plenty of issue of animal integrity may be Declawing practices where, when the proce- fruitful in convincing cat owners dure is performed with good tech- not to declaw. That appeal has The Humane Society nique and analgesics, the kitten worked to some degree with ear of the United States pops up and is running around cropping, but ears are visible, In 1978 The HSUS issued its policy after surgery with little or no claws less so. Cosmetic Surgery on Animals: apparent discomfort. It flies in the Declawing cats because they “The Humane Society of the United face of the everyday experience in scratch destructively is like de- States opposes declawing of cats these practices to suggest that it barking dogs. It’s a quick fix, when it is done solely for the con- should not be done because of the but it only treats the symp- venience of the owner and without pain. When one author (N.P.) con- toms and not the cause. If only benefit to the animal.” In the trasted people’s reaction to cats (and dogs) were provided online article (http://www.hsus. debarking—another surgical inter- with more stimulation, per- org/ace/11789) “Declawing Cats: vention designed to solve a behav- haps these convenience surger- More Than Just a Manicure,” The ior problem—with declawing, ies wouldn’t be necessary. (Per- HSUS says that, “Although new Patronek agreed that most people sonal communication with techniques for declawing cats, such look at a debarked dog making N.P., January 30, 2003) as laser surgery and tenectomy, may hoarse attempts to express normal Pet keeping inevitably involves lessen the pain that typically follows behavior as obviously grotesque, human efforts to control natural declawing, the surgery is still con- but they do not feel the same animal behaviors. Pet owners’ sidered an unnecessary procedure.” about declawing. desire to preserve their property is Patronek believes the challenge valid, and our ideas about what are The American Veterinary is to engender the same feeling acceptable behaviors and methods about creating a disability through of control change over time. We Medical Association declawing, and unless owners should be conscious of the histori- The AVMA believes that authority report problems or veterinarians cal character of our ideas about for decisions regarding the appro- actually see something that makes acceptable practice on the part of priateness of performing declawing them uncomfortable, or there are owners, veterinarians, and the ani- should rest within the bounds of a well-controlled longitudinal stud- mal welfare community and about valid veterinarian-client-patient ies to demonstrate some adverse behaviors on the part of pets. relationship. According to G. effects, it will be an uphill battle. Golab, D.V.M., assistant director of the AVMA’s Professional Public He acknowledges the possibility Note that studies would not reveal any- 1 Any significant decrease in the number of Affairs Communications Division, thing substantial that was not asso- declawing procedures performed would trans- the AVMA has always encouraged late into a large financial loss to the veteri- veterinarians to educate owners ciated with a surgical botch. nary profession. Declawing opponents argue, He believes that people who however, that addressing behavior problems concerning any surgical or medical want to declaw their cat won’t pay can enhance the value of a veterinary practice procedure, including declawing and make up for that loss. By offering pet (personal communication with any more attention to studies than behavior services and/or recommending out- they do to licensing requirements side resources, practices can maintain client N.P., March 17, 2003). The only dif- when they exist. He points out that loyalty, strengthen their client services, and ference, she says, is that generate additional revenue from services, [I]t has now been formally people do what they please when products, and referrals (Peterson 2002). they take an animal out of a shel- written into the position state- ter, and, as a 2003 PETsMART ment. The change is related study showed, a great percentage not as much to veterinary edu- of adopters will be unavailable for cation as it is to public educa- contact three to six months after tion since it’s only recently the adoption. Patronek asks: does that the public has taken an the animal shelter policy on interest in the AVMA’s official declawing turn away people who positions on issues such as this refuse to be dishonest on princi- and, consequently, the AVMA ple? He suggests that a thoughtful Animal Welfare Committee

38 The State of the Animals III: 2005 believes it is prudent to now cations, hemorrhage, infection, have all “physical properties” and include information in the and pain. If onychectomy is per- identified these—“e.g., eyes, ears, position what formerly would formed, appropriate use of safe and legs, tail, etc.” Section 10 was have been assumed to be effective anesthetic agents and the changed in 1959 to say, “Cats not understood. use of safe peri-operative anal- having all their physical properties, AVMA Position Statement on gesics for an appropriate length of e.g. eyes, ears, legs, tail, claws, Declawing Prior to March 2003: time are imperative. The surgical etc., or having any congenital or Declawing of domestic cats is alternative of tendonectomy is not acquired defects, may not receive justifiable when the cat cannot be recommended. any awards.” This rule has been in trained to refrain from using its Declawed cats should be housed effect ever since. The current show claws destructively. indoors. rules (May 1, 2004, to April 30, AVMA Position Statement as of Scientific data do indicate that 2005) cover the claws in section March 2003: cats that have destructive clawing 2.09 (Eligibility for Entry): “A cat Declawing of domestic cats behavior are more likely to be or kitten not having all its physical should be considered only after euthanatized, or more readily re- properties—eyes, ears, legs, tail, attempts have been made to pre- linquished, released, or abandoned, claws, both descended testicles vent the cat from using its claws de- thereby contributing to the home- (adult cat only)—or has had sur- structively or when its clawing pre- less cat population. Where scratch- gery which changes a cat’s natural sents a zoonotic risk for its owner(s). ing behavior is an issue as to functions (e.g., tendonectomy), is The AVMA believes it is the obli- whether or not a particular cat can not eligible for entry.” And show gation of veterinarians to provide remain as an acceptable household rule 28.18d says: “A judge will dis- cat owners with complete educa- pet in a particular home, surgical qualify any entry entered contrary tion with regard to feline onychec- onychectomy may be considered. to these rules, including declawed tomy. The following points are the There is no scientific evidence cats or kittens and adult, whole foundation for full understanding that declawing leads to behavioral males that do not have two and disclosure regarding declawing: abnormalities when the behavior of descended testicles....” Scratching is a normal feline declawed cats is compared with behavior, is a means for cats to that of cats in control groups. The American Animal mark their territory both visually Hospital Association and with scent, and is used for claw The American (AAHA) conditioning (“husk” removal) and Association of Feline The American Animal Hospital stretching activity. Practitioners Association (AAHA) counts more Owners must provide suitable The American Association of Feline than 32,000 veterinarians as mem- implements for normal scratching Practitioners Position Statement bers. AAHA’s newest standards, behavior. Examples are scratching on Declawing was passed in Sep- published in Spring 2003, break posts, cardboard boxes, lumber or tember 2002. It maintains that: ground in six areas of companion logs, and carpet or fabric remnants Surgical declawing is not a med- animal practice: client services, affixed to stationary objects. Imple- ically necessary procedure for the continuing education, pain man- ments should be tall or long cat in most cases. agement, patient care and compli- enough to allow full stretching, and While rare in occurrence, there ance, practice leadership, and sur- be firmly anchored to provide nec- are inherent risks with any surgi- gery. The practice leadership area essary resistance to scratching. cal procedure including, but not asked, “Is there a moral framework, Cats should be positively reinforced limited to: an ethical definition, for daily prac- in the use of these implements. • anesthetic complications tice?” The task force recommended Appropriate claw care (consist- • hemorrhage that a practice use written guide- ing of trimming the claws every • infection lines to outline ethical philosophy one to two weeks) should be pro- • pain regarding commonly encountered vided to prevent injury or damage • side effects of pain medication ethical issues such as healthy pet to household items. euthanasia, cosmetic surgery, devo- Surgical declawing is not a med- The Cat Fanciers’ calization, declawing, client com- ically necessary procedure for the munications regarding errors made cat in most cases. While rare in Association (CFA) within the practice or another prac- occurrence, there are inherent The Cat Fanciers’ Association (CFA) tice, and limitation of care for risks and complications with any recently revised its official show financial reasons. surgical procedure including, but rule regarding declawing. Before not limited to, anesthetic compli- 1959, the rules required the cat to

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40 The State of the Animals III: 2005 medicine for small animals. St. Behavioral reasons for relin- Louis: Mosby and Year Book, Inc. quishment of dogs and cats to Patronek, G. 2001. Assessment of 12 shelters. Journal of Applied claims of short- and long-term Animal Welfare Science 3(2): complications associated with 93–106. onychectomy in cats. Journal of Schrody, M. 1957. Cats. New York: the American Veterinary Medical Galahad Books. Association 219(7): 932–937. Schulberg, H. 1961. The care of Patronek, G., and N. Dodman. your cat. New York: Royal Books. 1999. Attitudes, procedures, and Shelter Sense. 1994. Shelter delivery of behavior services by Shop. Special offer can help cats veterinarians in small animal keep their claws. Shelter Sense, practice. Journal of the Ameri- Sept., 14. can Veterinary Medical Associa- Simmons, E.B. 1935. The care and tion 215(11): 1606–1611. feeding of cats. New York: Blue Patronek, G., L. Glickman, A. Ribbon Books. Beck, G. McCabe, and C. Ecker. Thornton, K. 2004. Your new cat. 1996. Risk factors for relinquish- Sterling, Va.: Capital Books, Inc. ment of cats to an animal shel- Turner, D., and P. Bateson, eds. ter. Journal of the American Vet- 1998. Declawing the domestic erinary Medical Association cat. Cambridge: Cambridge Uni- 209(11): 582–588. versity Press. Peterson, N. 2002. Adding behavior Whitney, L.F. 1953. The complete services to your practice. Veteri- book of cat care. Garden City, nary Technician June: 356–359. N.Y.: Doubleday and Company, Petsmart Charities. 2003. Report Inc. on Adoption Forum II. Phoenix, Yeon, S.C., J.A. Flanders, J.M. Scar- Ariz. January 16–17. lett, S. Ayers, and K.A. Houpt. Phillips, B., and D. Phillips. 1994. 2001. Attitudes of owners re- In awe of the paw. Cat Fancy, garding tendonectomy and ony- March, 32–39. chectomy in cats. Journal of the Pollari, F., and B. Bonnett. 1996. American Veterinary Medical Evaluation of postoperative com- Association 218(1): 43–47. plications following elective surgeries of dogs and cats at private practices using computer records. Canadian Veterinary Journal 37: 672–678. Ralston Purina. 2000. The state of the American pet: A study among pet owners. Richards, J. 1999. The ASPCA complete guide to cats. San Fran- cisco: Chronicle Books. Salman, M., J. New, J. Scarlett, P. Kass, R. Ruch-Gallie, and S. Hetts. 1998. Human and animal factors related to the relinquishment of dogs and cats in 12 selected animal shelters in the United States. Journal of Applied Animal Welfare Science 1(3): 207–226. Salman, M., J. Hutchison, R. Ruch- Gallie, L. Kogan, J.C. New, Jr., P. Kass, and J. Scarlett. 2000.

Indoor Cats, Scratching, and the Debate over Declawing: When Normal Pet Behavior Becomes a Problem 41 Feral Cats: An Overview 4CHAPTER Margaret R. Slater and Stephanie Shain

umans and cats have a long United States examined free-roam- controlling and dominating rather and complex history togeth- ing cat control and licensing, pre- than the part with which humans Her. Since the nineteenth dation on birds and wildlife, and coexist. If cats are viewed as be- century, contradictory ideas about cat territories. Hundreds of scien- longing to nature rather than to the need to protect and care for tific articles have been published civilization, it becomes easier to cats have moved us toward a shift about the domestic cat’s hunting see them as health threats or nui- in ideas, values, and behaviors to a patterns and lifestyles as well as sances rather than as individuals more benign perception of cats control methods in dozens of coun- and companions and to recom- than was generally the case in pre- tries around the world. Feral cats mend their elimination when they vious centuries. In some quarters, began to move into the public view present a “problem” to human but not all, even feral cats have in the United States about two society. When problems with feral begun to be seen as worthy of our decades ago, when the first popu- cats arise, the image of the delight- study and humane treatment. In lar book Maverick Cats (Berkeley ful domestic companion of the many countries, the welfare of all 1982) was published in hardcover hearthside is easily replaced with cats has become a focus of public by Walker and Co. (it appeared in old stereotypes of cats as evil be- concern, but nowhere is the shift paperback from the New England ings separate from humans and in values reflected more than in Press in 1987). Cats have exceeded with no place in the civilized world. the focus on feral cats—defined as dogs as the most common pet in (This transition from “wild and unowned and unsocialized cats. North America and in most of separate” to part of a unified world Feral cats likely exist everywhere Europe (Slater 2005). Controlling is occurring slowly, if the growing humans have traveled, whether the “cycle of stray cats” is even a use of the term, “nonhuman ani- deliberately introduced to control topic of discussion in a popular pet mal,” which deemphasizes the rodents and other pests, when they supply catalog (www.drsfoster- dichotomy between animals and accidentally escape the home, or smith.com). Yet feral cats are still humans, is any indication.) when they have been deliberately viewed in many quarters as liminal Perhaps the most remarkable abandoned. beings existing on the borders of change in the status of feral cats is civilization. The existence of these the fact that they are discussed as a feral cat populations tends to rein- particular population at all. Anna- Feral Cats in the force cats’ peripheral status, re- bell Washburn of Martha’s Vineyard, United States minding us of their wildness and Massachusetts, is generally credited separateness. This wildness and with bringing the concept of Trap- Scientists in biology, ecology, and separateness makes it easier to see Neuter-Return (TNR) to feral cat wildlife conservation have been feral, and perhaps all, cats as management in the United States publishing work on free-roaming belonging to the part of nature in 1980 (Berkeley 1990). Washburn and feral cats since the early that humans are responsible for founded the Pet Adoption and Wel- 1900s. These early studies in the

43 fare Service (PAWS) on Martha’s nia at the start of the program had North Carolina (founded in 1994) Vineyard, which practiced TNR on been reduced to eighty-five (C. and Florida (founded in 1998) are feral cats. In 1986 students and Miller, Stanford Cat Network, per- other good examples of this staff from Tufts University’s School sonal communication with S.S., approach; they also have served as of Veterinary Medicine worked with August 17, 2004) In recent years resources for research on feral cat PAWS to provide sterilization of most of the cats who joined the health. A variation on high-volume feral cats on Virgin Gorda in the feral-cat colony were social, friend- spay neuter is the mobile clinic British Virgin Islands in one of the ly cats and were therefore adopted. approach. A good example is a unit earliest partnerships between vet- In the past several years, many purchased by the Feral Cat Coali- erinary medicine and grass-roots other campus programs have tion of Oregon (FCCO) in 1998 organizations to improve the lot of sprung up around the country. An (Berkeley 2004). In August 2004 feral cats. In 1987 Washburn spoke Internet listserv designed specifi- the FCCO neutered its twenty about her experiences and elaborat- cally to facilitate communication thousandth cat (K. Kraus, personal ed on TNR as a method of control- among these types of programs is communication with M.S., August ling feral cats at a pet overpopula- hosted by Alley Cat Allies. 9, 2004). tion conference in New York City. In 1989 the San Francisco Soci- A more comprehensive approach The founding of Alley Cat Allies, ety for the Prevention of Cruelty to is a grass-roots program for cats in an organization dedicated to pro- Animals (SFSPCA) began a major the community that began as a moting TNR as a nonlethal popula- effort to reduce euthanasia in that TNR-only effort. Merrimack River tion control method for feral cats, city. It put in place a full spectrum Feline Rescue Society, in Newbury- in 1990 in Washington, D.C., of programs to that effect, includ- port, Massachusetts, was founded marked the beginning of legitimacy ing subsidized or free sterilization in the early 1990s to manage feral for feral cats and of TNR as a con- of pets, adoption, advice on main- cats on the waterfront in this trol technique in the United States. taining pets in the home, and, in tourist town. It soon discovered Alley Cat Allies provided informa- 1993, the Feral Cat Assistance Pro- that many of the cats were social- tion, networking, and other re- gram. This program provides free ized pets who had been lost or sources for individuals and organi- sterilization, routine medical care, abandoned. This led to the devel- zations interested in managing education for feral cat caretakers, opment of a cats-only animal shel- feral cat populations. In 2004 its assistance in resolving disputes, ter, an extensive education pro- resource pages on the Web (at the loan of traps and free food, and gram, and many other cat-related www.alleycat.org) included infor- the expertise of Cat Assistance community activities. It has been mation for feral cat caregivers, vet- Team members. Within a seven- extremely successful in decreasing erinarians, animal care and control year period, euthanasia of feral the numbers of feral cats in New- and humane society personnel, and cats dropped by 73 percent, euth- buryport because of the broad government officials. It also provid- anasia of neonatal kittens dropped range of approaches and the wide- ed information on creating new from more than nine hundred a spread geographic application of groups, organizing, and advocating year to two hundred a year, and its work. In ten years, the original on behalf of feral cats. From an ini- more than 47,000 cats were steril- two hundred or so cats in the town tial two-person team, Alley Cat Allies ized (Sayres 2000). had decreased to twenty, many of had grown to almost 95,000 donors Another model grass-roots or- whom were elderly, and, in a few and supporters as of 2003 (B. Robin- ganizations use in working with places, there were no feral cats at son, personal communication with feral cats is the high-volume feral all (S. LeBaron, personal commu- M.S., October 23, 2003). cat sterilization program originally nication with M.S., July 2, 2002). Several other grass-roots organi- developed in 1992 in San Diego by Neighborhood Cats, founded in zations were early pioneers in the the Feral Cat Coalition (Berkeley 1999, practices TNR in New York TNR movement. The first was the 2004). This program was designed City, which few thought was suit- Stanford Cat Network, founded in to sterilize fifty to two hundred able for TNR until this organization 1989 (Rosenblatt 1992). This was cats in a single day and used a demonstrated otherwise (www. probably the earliest formal cam- large core of volunteers, including neighborhoodcats.org/about/about_ pus program in the United States local veterinarians. Since then history.htm). It also is an active to manage cats using TNR with many similar programs have arisen advocacy group that networks with adoption of socialized cats and throughout the country. They have other agencies and promotes TNR young kittens. Within fifteen years, provided manuals and videotapes throughout the area. the approximately five hundred on how to orchestrate this high- Most public or official discussion cats present initially on the Stan- volume approach to sterilization of feral cats in the field of animal ford University campus in Califor- smoothly. Operation Catnip in protection in the United States

44 The State of the Animals III: 2005 seems to have begun around 1990. policies/animalwelfare.asp#comp discussing, studying, and publish- The National Animal Control Asso- anion) and the American Associa- ing scientific work about feral cats ciation began addressing feral-cat tion of Feline Practitioners (AAFP) as early as the 1960s, ’70s and ’80s issues at its conferences in the early worked to update and create, (Universities Federation for Animal 1990s. Other animal protection respectively, position statements Welfare 1981; Neville and Remfry agencies, local and national, began on free-roaming and feral cats. The 1984; Berkeley 2004). The first sci- considering feral cats seriously in balanced AAFP position statement entific conference on “the ecology the mid-1990s. Perhaps the most released in mid-2004 provided a and control of feral cats” was held significant turning point was a joint brief discussion of the problems in London in 1980 and its proceed- conference, “A Critical Evaluation associated with free-roaming cats ings published by the Universities of Free-roaming/Unowned/Feral as well as the need to prevent and Federation for Animal Welfare Cats in the United States,” spon- control free-roaming cats by edu- (UFAW). Subsequent UFAW publi- sored by the American Humane cation, veterinary practice, public cations in 1982, 1990, and 1995 Association and the Cat Fanciers’ policy, and the application of TNR were the primary scientific refer- Association in 1996. The convolut- (www.aafponline.org/positiostate. ences for feral-cat control for many ed title accurately reflected the htm). A model program was de- years. Tabor’s book (1983) was confusion about and complexity of scribed for TNR recognizing that both scientific and appropriate for the free-roaming cat world. In 1998 reducing cat populations was the the cat-loving public. It included The Humane Society of the United primary objective. information on predation, cat terri- States (HSUS) devoted an entire Only recently has control of cat tories, and feral-cat management, issue (September–October) of its numbers become the focus of and it set the stage for much of magazine Animal Sheltering to free- wildlife biologists and conserva- what is known about free-roaming roaming cats. It laid out a radically tionists in the United States. In cats in urban areas based on the new policy statement on free-roam- 2003 the Florida Fish and Wildlife author’s extensive observations on ing cats, including a section on Conservation Commission pro- a colony of cats living in London. managing colonies of feral cats. posed a policy to “protect native Understanding Cats (Tabor 1997) This section outlined guidelines wildlife from predation, disease, was a Reader’s Digest coffee-table under which such management and other impacts presented by book clearly aimed at the general might be appropriate and codified feral and free ranging cats.” After public. It included a chapter on the need for ongoing management much publicity, debate, and a law- feral cats as well as a discussion on and care of a colony of cats. Presen- suit, the final policy was modified feral-cat colony control that cited tations about feral cats and how substantially, and study groups work done on TNR in Great Britain best to deal with them became a were established to look into the in the 1970s. regular part of regional and nation- problem. Later that same year, the al humane organization meetings Pennsylvania Game Commission by late in the decade. proposed an amendment to the Feral Cat In veterinary medical continuing state game and wildlife code to Populations: education, feral cats began to “make the release of captive held appear as a topic in the early and wildlife without a permit or domes- What Are the mid-1990s. In 1992 Tufts Universi- tic dogs or cats into the wild ty’s School of Veterinary Medicine unlawful.” This amendment was Sources? sponsored a feral-cat workshop removed after public debate with Despite the multitude and variety where TNR as a method for control the support of several members of of locations in which feral cats are was presented. The American Vet- the panel who felt that domestic found, the potential sources of the erinary Medical Association (AVMA) dogs and cats were outside the cats themselves are shared by all. Animal Welfare Forum in 1995 scope of their mandate. Owned companion cats may be- focused on the welfare of cats and come lost or may be abandoned included discussions about feral deliberately by their owners. Such cats and their management. In Feral Cats in the animals will become the nucleus of 2002 the AVMA annual meeting United Kingdom new feral cat colonies, particularly included a full day on feral cat if the cats are intact. Intact cats Although concern for the control issues. In 2003 the AVMA Animal still in the home may also con- and welfare of feral cats is a very Welfare Forum focused solely on tribute to the problem, since their recent phenomenon in the United feral cat issues and control meth- unplanned litters may be too wild States, animal welfare organiza- ods. During 2003 and 2004, the to be adopted or may be aban- tions in the United Kingdom were AVMA (http://www.avma.org/ doned as well. The relative propor-

Feral Cats: An Overview 45 tion of each of the sources varies and developing culturally appropri- One is philosophical, based on widely among different locations. ate approaches (Beran and Frith the relative value of cats and wild- Relatively little research has been 1988). Removal of free-roaming life. This view maintains that cats done to document the origins of animals is no longer recommended are a domestic species and as such feral cats in most locations. It is by the World Health Organization are humans’ responsibility. It is, known that stray cats who become (WHO), although it was at one time therefore, irresponsible to allow pets (the reverse of the owned-cat- (WHO Expert Committee 1988, cats to roam freely outdoors and becoming-feral phenomenon) ac- 1994; Meslin, Fishbein, and Matter hunt native wildlife, a particular count for 21 percent to 33 percent 1994). Instead, vaccination pro- problem since cats often are not of the owned cat population (John- grams are the cornerstone of pre- regulated in the wild by food supply son, Lewellen, and Lewellen 1993; vention. Fortunately, a very effec- in the same way other predators Johnson and Lewellen 1995; tive vaccine for cats exists to are. This argument is not based on Patronek, Beck, and Glickman protect against rabies. Research in numbers of animals killed, but 1997; New et al. 2000). the 1980s indicated that a single rather on appropriate stewardship early rabies vaccination provides of the domestic species. It applies protection for more than three to owned cats allowed to roam, not Feral Cat Issues years to cats in a research setting just to feral cats. in the Community (Soulebot et al. 1981). This sup- A second view is that cats are an ports the idea that rabies vaccines introduced, non-native species that Conflict and confusion surround- are very effective, and that even should be removed or prevented ing feral cats generally spring from one vaccination is likely to be much from entering native habitats. This five sources. The first is the vari- better than no vaccination at all. view is based on the idea that intro- ability in human perception about TNR programs that include rabies duced species have a negative im- cats in general and feral cats in vaccinations can potentially pro- pact on native species and that particular. The public views cats in vide a herd immunity against this native species should be valued over a wide variety of roles, ranging disease: once a high enough pro- introduced ones. In fact, native from surrogate child to vermin. For portion of the population is predators are often killed to protect example, some people find cat immune, it is very difficult for the livestock, and native species are footprints on their cars amusing, disease to gain entry and establish often managed to protect other while others believe cats who leave itself in that population. In addi- native species (Cohen 1992). This footprints on their cars should be tion, vaccinated cats form a barrier view assumes that removal of intro- euthanized. Such a disparity in per- between wildlife and humans. If cats duced species results in a return to ception leads to conflict about are simply rounded up and removed a normal, or pre-introduction, state appropriate ways to treat cats, from an area, a few unvaccinated of the ecosystem. In reality, ecosys- even among neighbors. cats will always escape and remain tems are very complex and are Public health and safety concerns in the colony. New cats, also likely changed in many ways, in addition often arise in discussions about feral to be unvaccinated, will move in. In to the introduction of cats, as a cats. It is important to remember a short time the population will result of human habitation (Ter- that these concerns are equally have rebounded and none of the borgh 1992). Cats may integrate applicable to owned cats in the com- cats will be vaccinated. If TNR is into ecosystems such that their munity who are allowed outdoors. practiced, cats are trapped, neut- predation of other non-native ani- Public health officials have as ered, and vaccinated for rabies mals like rats and mice can be very their mandate the prevention of the before being returned to the colony, beneficial in protecting native possibility of disease in the general creating a substantial barrier of vac- species from these predators and human population; therefore, they cinated individuals against the dis- competitors (Courchamp, Lang- are interested in zoonotic diseases ease. When humane caretakers are lais, and Sugihara 1999; Fitzgerald (Patronek 1998; Slater 2002). The very diligent, all cats in the colony and Gibb 2001). actual magnitude of the risk to the will have been vaccinated at least The third view is based on the public varies tremendously by dis- once and possibly more frequently. numbers of birds and other wildlife ease and specific situation. Another concern, the effects of killed by cats, owned as well as Rabies may be the foremost con- predation by feral cats on wildlife, unowned ferals. There are many cern among such transmittable dis- may be coupled with concerns about widely cited figures about the eases. Current recommendations feral cats’ competition with native extent of cat predation on birds in for controlling rabies include un- predators and disease transmission. the United States. Most are based derstanding the relationships be- The debate is a collision of three on extrapolation from three to fif- tween the residents and animals main viewpoints (Slater 2004). teen cats or on estimates made by

46 The State of the Animals III: 2005 wildlife biologists that have been dents to put identification on their some locations trapping may never taken out of context. Effectiveness cats (http://www.co.honolulu.hi.us/ become necessary because the of cat predation appears to vary refs/roh/7.htm; Slater 2002). Iden- neighbors never call the authori- quite a lot, with some cats catching tified cats benefit from longer hold- ties. But, in other locations, bat- no prey and others catching quite a ing periods at the shelter and are tles over free-roaming cats can be bit. It is important to remember much more likely to be returned to quite vicious and unrelenting. that cats are opportunistic hunters: their owners. An exemption for managed they will eat and catch whatever is Another option for communities colonies (which may be defined most readily available. This in- is differential licensing, in which clearly in the ordinance) from any cludes carrion, garbage, and cat owners of neutered animals pay a of these laws is a possible option. It food, as well as prey species. Over- reduced fee—or no fee at all—for allows the law to provide for all, cats are rodent specialists. licensing as compared to owners of enforcement where appropriate More than half their diet is com- intact animals. This can be made to and gives individuals the option to posed of rodents, with other work for managed feral cat colonies manage feral colonies. Alternative- species and other sources of food since colony cats are neutered. ly, a well-written nuisance law will making up a small percentage of Some have proposed registration allow enforcement on complaint if the remainder (Fitzgerald and for the colonies themselves as an specific feral cats are causing par- Turner 2000). alternative, but this may be viewed ticular problems in an area. Holders of these viewpoints dis- as punitive or as putting cats at risk These kinds of punitive laws were agree about what to do with feral to be rounded up by animal control. designed to protect the people and cats. In some cases, local ordinances Defining by law the number of the animals in the community. Yet, about licensing, the numbers of pets cats that can be owned by a resi- positive rewards for doing the right allowed per residence, and cat leash dent or live in a single household thing, once people understand what laws have been put into place to try (so-called limit laws) can be used the right thing is, generally will to control feral and owned free- against feral cat caretakers since result in a faster and more whole- roaming cats. Cat licensing is they are usually considered owners hearted acceptance of the appropri- extremely controversial and is some- of the cats. Many colonies exceed ate behavior. There will always be a times, according to some, used to the usual three- to four-cat limit few people who will not comply even punish or fine caretakers of feral that is common with this type of with laws that punish. But is impor- cats (www.sfspca.org/figs/pdf_ ordinance. Therefore, caretakers tant not to punish those people who feralcats/licenses.pdf. The public may be in violation and fined. These are trying to take responsibility for often views cat licensing as a mon- laws generally are designed to pre- cats no one else wants. eymaking scheme for the benefit of vent hoarding and to provide lever- local government, although, in age or oversight of households that fact, revenues from licensing may may end up with too many animals. Options support animal-care and -control However, they generally do not Most individuals and organizations programs in the community. Licen- allow TNR to be practiced legally if involved in the feral cat debate sing efforts for cats are attempts to the local enforcement agency agree that the ultimate goal is provide cats with protection similar chooses to include feral cats. Such fewer cats. However, the best and to that enjoyed by dogs, including problems can be avoided with most practical method to achieve mandated holding periods in shel- exemptions for managed or man- this is hotly contested and often ters, intervention by animal-control aged and registered feral colonies. obscured by fruitless discussions officers on a cat’s behalf, and re- Leash laws generally require that about the number of birds killed, turn to owners. Unfortunately, animals be kept under the direct the numbers of cats in a neighbor- licensing often is not a constructive control of a person or confined to hood, or the exact costs of a partic- approach to controlling feral cat the owner’s property. Leash laws, ular option. No single approach numbers (Slater 2002). Ordinances like the previously described ordi- will work in every location. Each that require identification rather nances, are nearly always enforced location has a distinct set of prob- than licensing are usually more on complaint: someone has to see lems and available resources as palatable to community residents, free-roaming cats and call the well as a unique public perception. and ear tipping of feral cats can be authorities. They will trap cats, It is critical to remain focused on considered a form of identification. who then will be transported to a the idea that there should be fewer A cat identification law in Hawaii local shelter or veterinarian. feral cats and that practical ap- took this approach as a way of pro- There, feral cats often will be euth- proaches must be considered. The viding a bigger carrot rather than a anized. Depending on neighbors’ options for feral cat control have stick in trying to convince resi- tolerance of free-roaming cats, in included doing nothing; killing

Feral Cats: An Overview 47 cats on location; or removing cats isolated to prevent migration of face living ten or twelve years in a for euthanasia elsewhere. More re- new cats into the ecological vacu- sanctuary, and the cost of high- cently, TNR with adoption has been um created by cat removal. If there quality care and housing for such advocated as an option (Slater is sufficient food and shelter, new animals is often prohibitive, elimi- 2004). Trapping and removal, fol- cats will move in from nearby nating the ability to expand sanctu- lowed by relocation or placement areas, and survivors of the removal ary housing for the large numbers in sanctuaries, has been used as program will continue to repro- of feral cats in the United States. well on a more limited basis (Levy duce until the maximum carrying and Crawford 2004). capacity is reached again (Tabor TNR 1983). Local residents may sabo- The limitations of these options “Doing Nothing” tage attempts to remove cats for have made TNR increasingly viable The options for feral cat control euthanasia. The result is that, even as an option for decreasing the have historically included doing if half the cats are removed, six numbers of existing feral cats. This nothing—or, “letting nature take months or a year later, the num- approach, at its most basic, in- its course.” While still fairly com- bers of cats will be increasing cludes humane trapping of feral mon, this is not a responsible or quickly, climbing to the same num- cats, transportation to a veterinar- constructive choice. ber present before removal. ian, surgical sterilization, vaccination for rabies, and ear-tipping or Relocation notching. Vaccination for rabies is Killing Cats on Site A number of feral cat programs included in the basic option be- Killing cats on location has been have incorporated a relocation cause, in most parts of the United used most commonly on islands component as part of their efforts. States, it is a crucial component of and in countries outside the Unit- Neutered, vaccinated cats are addressing public and animal ed States, including Australia and transported and held for two to health concerns. Ear tipping is in- New Zealand. Cats are commonly four weeks (to acclimate) before cluded in the basic package since killed by poisoning, shooting, being released at their new owners’ some form of visual identification introduction of infectious diseases, selected rural properties or farms. of cats who have already been ster- hunting by dogs, and trapping This is a time-consuming process ilized is critical in preventing re- (Bester et al. 2002). These are typ- complicated by the need to locate trapping, re-anesthetizing, and re- ically components of a complete suitable release sites, and there are operating on already neutered cats. eradication program in an area relatively limited data on success A variation, explicitly includes with few humans and few other of relocation. testing, managing, and monitoring species to worry about. These erad- Increasingly, wildlife advocates as part of the TNR program (trap, ication programs often require have suggested removal of feral test, vaccinate, alter, return, man- years to accomplish and hundreds cats with placement in long-term age, and monitor, or TTVARM-M).It of hours of work and are only suc- sanctuaries. On the surface, this is preferred by groups such as The cessful in closed populations where seems appealing because cats are HSUS. The “test” component no new cats can arrive. Trapping confined in a selected location includes testing for feline leukemia and removal of cats for euthanasia where they may receive care for the (FeLV) and feline immunodeficien- has been used in many communi- rest of their lives. While a number cy viruses (FIV). “Managing and ties as a method of handling ani- of sanctuaries around the country monitoring” includes ongoing feed- mal issues. At times, this was justi- accept feral cats, they fill up rapid- ing, housing, and oversight of cats fied as a way of providing a humane ly and the quality of care can vary in managed colonies. Ongoing death for an animal who could not greatly (Levy and Crawford 2004). monitoring provides the most effec- otherwise enjoy a good quality of Overcrowding can be a serious tive population control because life. At other times, concerns health risk for cats, and feral cats new, probably unneutered cats, will about cat predation, nuisance do not always adapt well to confine- be identified quickly and trapped problems, or public health were ment in a sanctuary. Unlike social- before they can reproduce. The cats motivating factors. It is appealing ized cats, the very presence of are looked after so that any illness to think that removing cats will humans causes feral cats stress. or injuries can be handled in result in a permanent decrease in Thus, they need to be housed as humane fashion. Very commonly, the cat population; however, that is essentially “wild” animals. In addi- the shorthand TNR is used to almost never the case. It is ex- tion, oversight of this type of facili- describe these very extensive pro- tremely difficult to remove every ty is highly variable and the quality grams as well as simpler ones. cat in a particular location, and of care provided is not always ade- The advantages of TNR are its most locations are not sufficiently quate or humane. Young cats may ability to (1) stabilize the popula-

48 The State of the Animals III: 2005 tion through sterilization; (2) small randomly selected number of of the cats in the colony if the cur- increase the proportion of vacci- cats is unlikely to provide accurate rent population continues to multi- nated cats in a community; (3) information about the general cat ply. The feeders discover TNR, often decrease nuisance problems, since population in the community. Lim- through friends, neighbors, or the sterilized cats roam less, fight less, ited testing may prove helpful in internet. Sometimes these individu- make less noise, and are generally specific colonies where there is a als will form networks with others less obtrusive; (4) decrease cat wel- high suspicion of disease, particu- who are feeding cats in the same fare concerns because the cats tend larly of feline leukemia. Animals community. This loose network may to be healthier when they are not who test positive for FeLV present continue as is or may become an breeding and fighting and no kittens another set of problems: for some, incorporated, nonprofit organiza- are born; and (5) garner stronger euthanasia of positive animals is tion. In other situations, once it public support than do programs not acceptable unless the cat is realizes there is a problem with feral that result in killing cats (Slater very ill; for others who know that cats, a group of people may immedi- 2002; Levy and Crawford 2004). FeLV generally causes a slow death ately pull together an organization TNR programs that include within a few years, euthanasia is a dedicated to helping those animals. aggressive adoption components humane option. Animal-care and -control agencies, are the most successful in decreas- FIV is spread through the bite of humane societies, or veterinary ing the numbers of cats short an infected cat. This disease is wellness/sterilization clinics also term. The numbers of young kit- much more common in male cats may begin to offer services or pro- tens and socialized adults varies than in females because intact grams specifically related to feral but can be upwards of 50–70 per- males do most of the fighting. Neu- cats. These can include trap rental, cent in some colonies (Levy and tering males decreases their aggres- subsidized or free sterilization and Crawford 2004). Removing these sion and fighting for mates and vaccination, provision of education animals for adoption results in an disease transmission is nearly elim- or meeting areas, referral networks, immediate and substantial inated. Many FIV-positive cats will and assistance with adoptions. decrease in the numbers of cats at live for many years without any clin- Sometimes these organizations will that site.1 ical problems, and it is less clear partner with existing grass-roots that euthanasia will prevent obvious TNR programs. While it may take The Controversy suffering in the near future. months (or years) to build the level over Testing FeLV is spread from mother to of trust needed among the parties, Testing for FeLV and FIV is contro- kittens and by prolonged close these alliances can be extremely versial. On the one hand, there is contact between cats. By spaying productive. Optimally, all interested concern about leaving “positive” the mother cats, disease transmis- parties will map out a strategy to cats in the environment, because sion to kittens is eliminated. FeLV work together to decrease the feral their own health and well-being is not a highly contagious disease, cat population and prevent new may be in jeopardy, and they have and many cats who are exposed will stray/abandoned cats. The Orange the potential to transmit disease. never contract it. By putting the County, Florida, animal-control When funds are limited, there are money saved by not testing into agency, for example, partnered with cost-benefit considerations since spaying more female cats, organi- a TNR group for an extremely suc- testing costs close to what spay or zations may prevent many more cessful program (Hughes, Slater, neuter surgery costs. Testing de- cases of FeLV. and Haller 2002). creases the number of cats that Ultimately the caregivers and There is no one best template for can be sterilized for the same veterinarians involved will have to introducing TNR in a community. money. On the other hand, sterili- make a decision about testing and Instead, existing veterinary and zation decreases transmission of about what to do with positive cats. sheltering resources should be eval- these diseases between cats. Some cats who are positive for uated and any missing pieces put The frequency of these and other either of these diseases may be into place. For example, in a com- infectious diseases in feral cat pop- removed for placement into sanc- munity that already has subsidized ulations is similar to or lower than tuaries or homes with other dis- or free sterilization for feral cats, a that of owned-cat populations ease-positive cats. feral cat group might focus on trap- (Levy and Crawford 2004; Nutter There are many different ap- ping, adoption, and education. In a et al. 2004a). Because the frequen- proaches to promoting or offering community without subsidized or cy of these diseases is so low and TNR in a community. Often, it will free sterilization, a high-volume, the diseases are not spread uni- start with one or two individuals feral-cat-only monthly surgery ses- formly throughout the feral cat who are feeding cats and realize sion might be the best use of an population, testing a few cats or a that they can’t continue to feed all organization’s resources, since ster-

Feral Cats: An Overview 49 ilization is a key element in TNR. diverse constituents who are in- In discussing what to do with volved in dealing with cat-related Example Programs existing feral cats, communities problems should be brought to the A published study of feral cats often do not address the sources of table and be involved in creating managed on the University of Cen- these cats adequately. Generally, the solutions. tral Florida campus demonstrates irresponsible or ignorant owners the efficacy of TNR coupled with are the core problem. Often, there aggressive adoption in decreasing are many different reasons why peo- Guiding the numbers of free-roaming cats ple choose to allow their cats to Principles (Levy, Gale, and Gale 2003). Dur- roam freely without identification ing the eleven years reported in the While the specifics on approaches or sterilization or abandon cats article, a total of 155 cats were to dealing with feral cat issues in a altogether. More research needs to trapped. After five years, only 68 of community will vary, some core be performed to better understand the original cats remained. At the principles should be followed in all how to identify the problems in end of the study, only 23 cats (15 cases to ensure success. each community and how best to percent) were left, with a median 1. All reputable parties involved intervene. A “safety net” of services residency duration of seven years. with feral cats have as a goal for cats and owners could include Nearly half the cats were initially or fewer feral cats. The problem (1) information on maintaining eventually adopted. Eleven percent is how best to accomplish that cats in the home, such as selection were euthanized, 15 percent disap- goal and to get past other of an appropriate kitten or advice peared, 6 percent died, and 6 per- arguments and issues. on behavior modification; (2) subsi- cent moved to nearby woods. This 2. Each location has a specific set dized veterinary care and mecha- demonstrates that it is possible to of problems and available nisms to improve access to care, decrease their numbers with time resources. While data from such as transportation or language and ongoing monitoring and that other locations can certainly translation services; (3) cat identifi- adoption is important to ensure be helpful in guiding decisions, cation and sterilization information this decrease. each solution must be tailored as well as information on keeping Another campus program, at to the individual location. cats safely at home disseminated by Texas A&M University, had existed 3. Controlling feral cat numbers local veterinarians, through public for six years as of 2004. The initial is really a “herd”-level problem. schools and community education, two-year startup was published to While each individual cat may and by the animal shelter; (4) pro- demonstrate the initial drop in feral (or may not) be seen as having grams that assist people in finding cat numbers (Hughes and Slater value, it is the population as a new homes for cats they genuinely 2002). In the first six years, 264 whole in a neighborhood, com- cannot keep; and (5) better dissem- cats were trapped, with about half munity, or county that must be ination of information about cats returning to campus and a third addressed. Therefore, solutions available for adoption at the local being adopted. Cats positive for must work for populations of shelter. Some central location or FeLV (5 percent) or FIV (6 percent) cats and must be able to be referral system to help residents were euthanized. Well over half the scaled up for the numbers of find these existing resources is cru- cats were trapped and neutered in cats in a given situation. cial as well. Local laws or ordi- the first two years of program. 4. Everyone involved must be nances can have a role in encourag- Several animal-control agencies guided by concern for the wel- ing compliance but should be around the country have embraced fare and well-being of the cats, primarily a mechanism to deal with TNR. Maricopa County (Arizona) as well as for other species, individuals who do not wish to com- Animal Care and Control is the including humans, but also by ply rather than with those who are largest animal-control agency in what is practical and possible unable to comply. “Fix-it” tickets the United States, based on 61,984 in a specific situation. can give enforcement officers a animals handled and more than 5. To reach the goal of fewer cats means of accomplishing the ulti- three million people (Anonymous will require a broad spectrum mate goal of the ordinance, for 2002). Its feral cat programs, of programs. No single ap- example, having a cat sterilized Operation FELIX and a partnership proach will accomplish this rather than receiving a fine. with AzCats, which began in the goal. The more diverse the Each community has an existing fall of 2001, provide high-volume location, the more creative set of resources that should be eval- spay/neuter for feral cats as well as the set of programs must be uated critically so that the missing mobile spay/neuter programs. to result in fewer feral cats. components of the safety net can be These programs are in addition to developed and added. All of the comprehensive spay/neuter and

50 The State of the Animals III: 2005 adoption efforts and have con- Cat’s Café, an area where cats can cational materials needed to tributed to a drop in euthanasia be fed and stroked but that is not launch a TNR program in one easi- rate from twenty-five cats per thou- near restaurants, bars, or swim- ly accessible package (www.Neigh- sand county residents to nine cats ming pools. Signs assure visitors borhoodCats.org). TNR organiza- per thousand. This agency actively that cats are vaccinated and pro- tions are learning to be cohesive promotes TNR in the community. vided with veterinary care (E. Mac- and focused and to define their Recently, county officials pro- Gregor, WSPA, personal communi- mission and scope of work clearly. claimed that TNR was the official cation with S.S., July 1, 2004). This aids them in being as effective management policy for feral cats This solution provides a humane as possible and improves their visi- in Maricopa County. The city of alternative to trapping and bility and respectability. Phoenix, Arizona, planned to allo- euthanasia while addressing sani- While the level of technical cate $200,000, and Animal Care tation and health concerns. knowledge about conducting TNR and Control was to begin to charge An example of an early program programs has certainly increased $61 per feral cat brought in unless to manage feral cats in a prison over time, the philosophical impli- the community it came from setting took place in San Quentin cations of TNR programs have even actively sponsored a TNR program State Prison in San Quentin, Cali- wider-ranging effects. Feral cat (Anonymous 2002). fornia, in 1992. Historically, 100 to management is clearly interrelated Orange County Animal Care and 250 cats were being euthanized with all other animal-related ef- Control partnered with a nonprofit each year (K. White, The HSUS, forts in a community. This means feral cat organization to facilitate personal communication with P. that, to be effective, TNR groups TNR in Orlando, Florida, and the Miller, Marin Humane Society, have to develop a working relation- surrounding area (Hughes, Slater, March 13, 1994). ship with municipal animal-control and Haller 2002). As of 1995 the A TNR program was implement- agencies and other animal-related animal-control shelter provided sur- ed, and approximately 250 cats programs. Feral caregivers also geries, rabies vaccination, and ear were trapped. More than 200 were need each other and can accom- tipping, while the community feral- adopted, and approximately 50 plish more as part of a whole group cat organization handled com- neutered and vaccinated feral cats or network than they can individu- plaints and trapping. Despite a were returned to the prison over an ally. Citywide efforts can work if growing human population and an eighteen-month period. Internal they are truly comprehensive and expected increase in pet population prison correspondence indicated wide reaching, as they are in San and related problems, after imple- benefits to the inmates and staff, Francisco, California, and New- menting the program, cat im- such as less violence and tension as buryport, Massachusetts. pounds and complaints remained well as being able to “model relat- Feral cat problems have a direct stable, cat euthanasia decreased edness” to other species and indi- impact on the intake and disposi- slightly, and the numbers of spay/ viduals (B. Smythe, R.N., prison tion of cats in shelters around the neuter cat surgeries exceeded euth- employee, personal communication country. Feral cats themselves may anasias for the first time. One six- with Warden A. Calderon, n.d.). be brought into shelters, where block residential area had a greater they are often euthanized, some- than 50 percent decrease in com- times after being held for several plaints following implemention of What Has Been days. The offspring of feral cats may TNR. An additional benefit was a Achieved with TNR be brought to shelters as well. significant improvement in the rela- Some of these offspring may be Many resources are now available tionship between animal-control adoptable, adding to the numbers of around the country to implement officers and the community and cats needing homes. However, some TNR programs. Many websites have higher morale among the officers. will be euthanized due to disease or written materials that can be Creativity is imperative when lack of socialization or because they downloaded and shared. Others trying to solve the feral cat prob- are too young to be adopted and no have videotapes, links to other use- lem. The World Society for the Pro- foster home is available. Adoptions ful websites, and advice on starting tection of Animals (WSPA)as of of colony kittens can contribute to new grass-roots groups. Many or- 2005 had a program at the Shera- problems in the community if the ganizations are beginning to ton Rio Hotel in Rio de Janiero, new owners do not sterilize their assemble comprehensive educa- Brazil. Because many cats are at- pets. It is also clear that discus- tional materials to make teaching tracted to the resort area and sions surrounding TNR and its and learning about TNR easier. For many visitors wish to feed them, implementation help shape soci- example, the Neighborhood Cats the cats could have become a prob- ety’s views of and reactions to TNR kit provides all necessary edu- lem. The solution was to set up the unowned cats. The discussion opens

Feral Cats: An Overview 51 the door to new ideas beyond cats in the minds of the public, to 65–73. euthanasia of cats or other animals change people’s behaviors so that Cohen, A. 1992. Weeding the gar- to control their population or deal it is no longer acceptable to leave den. The Atlantic Monthly, with homeless animals. We are cats behind or allow them outside November, 76–86. beginning to ask not why we should without identification or steriliza- Courchamp, F., M. Langlais, and G. care about feral cats but rather how tion, and to provide the public with Sugihara. 1999. Control of rab- we can make a difference. the knowledge and impetus to help bits to protect island birds from cats who appear to be homeless. cat predation. Biological Conser- Finally, those in the animal-care vation 89:(2) 219–225. The Future field must provide communities Fitzgerald, B.M., and D.C. Turner. There is an ever-increasing body of with the knowledge and resources 2000. Hunting behaviour of knowledge being produced and to help cat owners trying to do domestic cats and their impact published about feral cats. right by their own cats and by on prey populations. In The Researchers’ long-term, detailed, homeless or feral cats in their Domestic cat: The biology of its follow-up study of feral cat colonies neighborhoods. behaviour, ed. D.C. Turner and P. using several different control Bateson, 151–175. New York: methods conducted in North Car- Note Cambridge University Press. olina was published in the Journal 1Kittens younger than about eight weeks are Fitzgerald, B.M., and J.A. Gibb. of the American Veterinary Medical generally the easiest to socialize. Kittens 2001. Introduced mammals in a older than this may or may not socialize well Association in 2004. Three articles within a few days to weeks. Adult cats may New Zealand forest: Long-term report on disease frequency in pet need a few days’ “cooling off” before they can research in the Orongorongo and feral cats (Nutter et al. 2004); be definitively assessed as feral. Many previ- Valley. Biological Conservation ously owned cats when trapped and transport- reproduction and survival of kittens ed may seem unsocialized, but with time they 99: 97–108. in feral colonies (Nutter, Levine, return to their former socialized status. Adult Hughes, K.L., and M.R. Slater. and Stoskopf 2004a); and live trap- feral cats can be socialized on occasion, but 2002. Implementation of a feral the process requires great care and commit- ping efficiency of feral cats (Nutter, ment since these cats are often terrified cat management program on a Levine, and Stoskopf 2004b). A sci- and/or aggressive and generally require university campus. Journal of entific chapter on feral cats, with months to years of effort before they become Applied Animal Welfare Science socialized, if ever. They may also only be emphasis on the international per- friendly with one or two people they know 5: 15–27. spective, is included in The Welfare well. Adult feral cats in managed colonies may Hughes, K.L., M.R. Slater, and L. of Cats (Rochlitz 2005). An in- become more social with time, sometimes to Haller. 2002. The effects of im- the point where they are adoptable. This is depth and carefully crafted re- another means by which colony size may be plementing a feral cat spay/ search project in Auburn, Alabama, decreased over time. neuter program in a Florida comparing feline activities and ter- county animal control service. ritories before and after TNR will be Journal of Applied Animal Wel- completed and published in the Literature Cited fare Science 5: 285–298. near future. And a project to study Anonymous. 2002. Alley Cat Johnson, K., and L. Lewellen. the population dynamics of free- Action, Spring, 1. 1995. San Diego County: Survey roaming owned and feral cats as of Beran, G.W., and M. Frith. 1988. and analysis of the pet popula- 2004 had just begun in a communi- Domestic animal rabies control: tion. San Diego: San Diego Cat ty in Texas. An overview. Reviews of Infec- Fanciers, Inc. Impressive strides have been tious Diseases 10: S672–S677. Johnson, K., L. Lewellen, and J. made in bringing the plight of feral Berkeley, E.P. 1990. Feral cats. Cat Lewellen. 1993. Santa Clara cats to public view and into the sci- Fancy, July, 20–27. county’s pet population. San Jose, entific and animal protection are- ———. 2004. TNR past, present, Calif.: National Pet Alliance. nas. TNR can now be considered as and future. Washington D.C.: Levy, J.K., and P.C. Crawford. 2004. an alternative to doing nothing or Alley Cat Allies. Humane strategies for control- to euthanasia for feral cats cur- Bester, M.N., J.P. Bloomer, R.J. van ling feral cat populations. Jour- rently in communities. Yet commu- Aarde, B.H. Erasmus, P.J.J. van nal of the American Veterinary nities must grapple with the chain Rensburg, J.D. Skinner, P.G. Medical Association 225(9): of events that results in establish- Howell, and T.W. Naude. 2002. A 1354–60. ment of feral cat colonies, particu- review of the successful eradica- Levy, J.K., D.W. Gale, and L.A. larly the initiating event, the delib- tion of feral cats from sub- Gale. 2003. Evaluation of the erate abandonment or accidental Antarctic Marion Island, South- effect of a long-term trap-neuter- loss of companion cats. They must ern Indian Ocean. South African return and adoption program on find ways to increase the value of Journal of Wildlife Research 32: a free-roaming cat population.

52 The State of the Animals III: 2005 Journal of the American Veteri- community. Journal of the Amer- ————. 1994. Report of the fifth nary Medical Association 222: ican Veterinary Medical Associa- consultation on oral immuniza- 42–46. tion 201: 637–642. tion of dogs against rabies. World Meslin, F.X., D.B. Fishbein, and Rosenblatt, B. 1992. Cats on cam- Health Organization 94.45, 1–24. H.C. Matter. 1994. Rationale and pus. The Animal’s Agenda, April, prospects for rabies elimination 20–21. in developing countries. Current Sayres, E. 2000. Expanding the Topics in Microbiology and Im- safety net: Creating a humane munology 187: 1–26. feral cat program in your com- Neville, P.F., and J. Remfry. 1984. munity. Handout. No-Kill Confer- Effect of neutering on two ence. Tucson, Ariz. September groups of feral cats. The Veteri- 14–17. nary Record 114: 447–450. Slater, M.R. 2002. Community New, J.C., Jr., M.D. Salman, M. approaches to feral cats: Prob- King, J.M. Scarlett, P.H. Kass, lems, alternatives and recom- and J.M. Hutchinson. 2000. mendations. Washington, D.C.: Characteristics of shelter-relin- Humane Society Press. quished animals and their own- ————. 2004. Understanding ers compared with animals and issues and solutions for un- their owners in the U.S. pet-own- owned, free-roaming cat popula- ing households. Journal of tions. Journal of the American Applied Animal Welfare Science Veterinary Medical Association 3: 179–201. 225: 1350–1354. Nutter, F.B., J.P. Dubey, J.F. Levine, ————. 2005. The welfare of E.B. Breitschwredt, R.B. Ford, feral cats. In The welfare of cats, and M.K. Stoskopf. 2004. Sero- ed. I. Rochlitz, 141–176. Dor- prevalence of antibodies against drecht, The Netherlands: Bartonella henselae and Toxo- Springer. plasma gondii and fecal shed- Soulebot, J.P., A. Brun, G. Chapuis, ding of Cryptosporidium spp., F. Guillemin, H.G. Petermann, P. Giardia spp., and Toxocara cati Precausta, and J. Terre. 1981. in feral and pet domestic cats. Experimental rabies in cats: Journal of the American Veteri- Immune response and persist- nary Medical Association 225: ence of immunity. Cornell Veteri- 1394–1398. narian 71: 311–325. Nutter, J.P., J.F. Levine, and M.K. Tabor, R. 1983. The wild life of the Stoskopf. 2004a. Reproductive domestic cat. London: Arrow capacity of free-roaming domes- Books Limited. tic cats and kitten survival rate. —————. 1997. Understanding Journal of the American Veteri- cats: Their history, nature and nary Medical Association. 225: behavior. Pleasantville, N.Y.: 1399–1402. Reader’s Digest. ————. 2004b. Time and finan- Terborgh, J. 1992. Why American cial costs of programs for live songbirds are vanishing. Scientif- trapping feral cats. Journal of ic American May: 98–104. the American Veterinary Medical Universities Federation for Animal Association 225: 1403–1405. Welfare. 1981. Feral cats: Notes Patronek, G.J. 1998. Free-roaming for veterinary surgeons. Veteri- and feral cats–Their impact on nary Record 108: 301–303. wildlife and human beings. Jour- WHO Expert Committee. 1988. nal of the American Veterinary Report of WHO consultation on Medical Association 212: dog ecology studies related to 218–226. rabies control. World Health Patronek, G.J., A.M. Beck, and L.T. Organization 88.25: 1–35. Glickman. 1997. Dynamics of dog and cat populations in a

Feral Cats: An Overview 53 Dogs and Dog Control in Developing 5CHAPTER Countries

J.F. Reece

Introduction f all the mammals with ued for the protection they afford Dogs’ activities in these areas are which humans have a close to both men and livestock from widely thought to keep the popula- Orelationship, the domestic human intruders and wild animals tions of other less desirable crea- dog (Canis familiaris) has the (Butler and Bingham 2000). In tures, such as rats, mice, and cock- longest association with man. The some cultures in western Africa roaches, under control. bond is believed to have begun and in southeast Asia, dogs are val- Even among very similar societies some ten to twelve thousand years ued as a source of protein in the the relationship with dogs may vary. B.C. in Eurasia (World Health Orga- human diet. In Polynesia the two In a number of European cultures, nization [WHO] 1990) as wolves enjoy a complex relationship, as there is no word that readily corre- learned to follow the encampments dogs can be seen as food, gifts, and sponds to the English word “pet.” of man to secure easy food. A offerings. In many cultures dogs The relationship between urban degree of mutual acceptance devel- are associated with the forces of Americans and their pet dogs is dif- oped between the two species, with the supernatural, either divine or ferent—if not in type, then in mag- each gaining something from the demonic. Some religions consider nitude—from that seen among most association. Mankind gained pro- dogs to be unclean in a spiritual of the dog-owning public in the tection from having the animals sense, for example, Islam (Beck United Kingdom. Within the United around its camps and, probably, 2000). However, in some predomi- Kingdom, the relationship between some assistance in hunting activi- nantly Muslim countries, such as many country folk and their dogs is ties. Dogs gained a degree of pro- Tunisia in North Africa, dogs are very different from that of urban- tection from the human groups and seen in a positive light. In contrast, dwelling people and their dogs. from a ready and constant source of Hindu, Jain, and Buddhist cul- The relationship between a com- food arising from human hunting tures, such as in India and Nepal, munity and its dogs is not always and other human waste, including teach a “no kill” philosophy (yet entirely positive, and many cul- excrement. Individual animals were are among the societies where the tures identify similar problems then selected by man for their bid- greatest levels of destruction of associated with having dogs in dable character, and the ancestors unwanted dogs are prevalent) their midst. For example, in South of the current dogs were born. (WHO 1990). In some developing Africa, the Soweto community Few human societies today do countries, pet dogs are kept far identified the problems caused by not have a relationship with dogs. more for social status than for dogs as road accidents, barking Man-dog relationships are almost companionship. Throughout much and fighting, biting children and as numerous as the varieties of of the developing world, dogs are killing livestock, and uncontrolled human society (World Health essential to the management of fecal contamination (Beck 2000). Organization 1990). In many cul- domestic waste, especially in areas Such problems exist in many cultures in Africa, in Zimbabwe and of higher human population densi- tures, throughout the developed Kenya, for example, dogs are val- ty, such as big towns and cities. and developing worlds.

55 It is against this background of a entirely from abandoned pets and breed in an uncontrolled manner. wide range of man-dog relation- often bears a striking resemblance It is these animals who are largely ships that dogs in the developing to identifiable breeds. However, in responsible for the various nui- world must be seen and understood. developing countries, most of the sances identified with human-dog Knowledge about and understand- stray dog population, whether association mentioned earlier. In ing of the complexity of the rela- neighborhood dogs or feral dogs, is addition to problems associated tionships between dogs and local much more uniform in conforma- with noise, ordure, and aggression, people is essential to any attempts tion and appearance (Matter and much of the developing world is to regulate the human-dog relation- Daniels 2000). afflicted by zoonotic diseases that ship officially and to control any The proportion of the dog popu- these free-roaming dogs are, in problems caused by dogs. lation that is owned varies consid- part, responsible for spreading. Given the wide range of relation- erably throughout the world. In Estimates vary between sixty and ships between societies and the Chad a maximum of 10.6 percent one hundred for the number of dis- dogs associated with them, it is not of the total dog population is con- eases that may be transferred from surprising that the structures of sidered “ownerless,” while in Sri dogs to man; however, many of canine population vary consider- Lanka the figure is over 19 percent these are somewhat esoteric and ably too. Various attempts to classi- (Kayali et al. 2003). In Hong Kong rare or theoretical in nature. fy the canine population have been 75 percent of the stray dog popula- made. These classifications all use tion is considered to arise from the degree of dependence on and abandoned pet dogs (Dahmer, Zoonotic Diseases supervision by man. Beck, based in Coman, and Robinson 2000). Be- Spread by Dogs the United States, has identified tween 5 and 15 percent of the dog A few diseases stand out as the three types of dogs seen: pets who population in Tunisia was consid- main zoonoses associated with never roam without supervision; ered “stray.” In much of Africa, dogs: rabies, echinococcosis, and pets who stray or roam; and owner- many owned dogs are never re- toxocariasis. less animals who are free to roam stricted and stray freely: 78 per- (Matter and Daniels 2000). WHO cent of owned dogs in Nigeria and Rabies recommends a four-point classifica- 54 percent in Zambia (Beck 2000). tion system (1990): In Nepal and Indonesia, up to 70 Rabies is a viral disease of all mam- Restricted dogs, who are fully percent of the dog population is mals, including man. It is often said restricted or supervised and fully associated with more than one that rabies is 100 percent fatal but dependent on man for food and household (WHO 1988). 100 percent preventable by vacci- other resources; The population density of dogs nation. This is slightly misleading, Family dogs, who are semire- varies considerably throughout the since the disease is only 100 per- stricted (and thus roam for part of world, too, although the figures cent fatal once patients become the time) and fully dependent on arrived at are often little more symptomatic (Briggs 2002). Rabies one or more families for food and than guesses. The figures given for has been recognized as a disease shelter; the dog-to-man ratio vary from for perhaps five thousand years, Neighborhood dogs, who are 1:3.5 in rural Tunisia, to 1:4.5 in and the relationship between a either semirestricted or entirely the communal lands of Zimbabwe, rabid animal’s bite and a new case free to roam and who are only to 1:8 in Sri Lanka and 1:16 in has also been known for a very long semidependent on one or more urban Zimbabwe (WHO 1988; But- time. The disease is untreatable families for food and shelter; ler and Bingham 2000). Among but preventable by either pre-expo- Feral dogs, who live wholly unre- the factors that contribute to this sure prophylactic vaccination or, stricted lives and do not depend at large variation are the socioeco- because of the long incubation all for food deliberately given by nomic class of the community, period, by post-exposure vaccina- any person or group. land type and use, and the degree tion with concomitant administra- As a survival strategy in develop- of urbanization. Generally, dog tion of passive immunity through ing countries, neighborhood dogs population density rises as the rabies immunoglobulins. In devel- in urban areas often behave the human population rises (Butler oping countries dog bites are the same as well-socialized pet dogs and Bingham 2000). cause of the vast majority of human and are thus often indistinguish- These few figures show that rabies cases. In India over 90 per- able from owned-but-straying dogs throughout much of the develop- cent of human cases were caused (Matter and Daniels 2000). In ing world, a large population of by exposure to a rabid dog (WHO many Western societies, the stray dogs roams freely throughout the 1988). Although only twelfth on dog population comes almost human community and is able to WHO’s list of causes of mortality,

56 The State of the Animals III: 2005 rabies has a special place in soci- in the dog’s feces and then dis- dogs are seen in China. In Kath- eties where it is endemic because of persed over considerable distances mandu, Nepal, 5.7 percent of free- the well-known and ghastly symp- in the environment, where they are roaming dogs near slaughterhouses toms that accompany the disease. ingested by intermediate hosts were infected, as were a smaller Official estimates put the total such as sheep, goats, and other ani- percentage in the rest of the city. In number of rabies cases worldwide mals. When people ingest echinoc- Uruguay 13.2 percent of the dog as twenty-five to thirty thousand occus eggs they become at risk of population was infected, and the human deaths per annum (Kayali developing echinococcosis, which infection was attributed to poor et al. 2003). There is considerable is the development of hydatid cysts slaughterhouse practice (Macpher- evidence that these figures may be in humans, commonly in the liver son and Craig 2000). underestimates, with work from or lungs but also, and more serious- Tanzania suggesting that the ly, in the brain (Macpherson and Toxocariasis underestimation may be by a factor Craig 2000). The free-roaming dog This is a disease caused by expo- of between ten and one hundred population is at greatest risk of sure to an environment contami- (Cleaveland et al. 2002). Of these becoming infected, and this is espe- nated by canine feces. Toxocara human rabies deaths, the largest cially true in areas where poor canis is a common roundworm number occurs in south Asia, most slaughterhouse hygiene is normal. (nematode) of dogs (Overgraauw notably in India, though, curiously, In many cultures in the developing and van Knapen 2000). Adult recent work in India suggests that world, across much of North Africa, worms live freely in the lumen of the number of human cases in that the Levant (the region of the east- the guts of dogs, where they feed country may have been overesti- ern end of the Mediterraneqn Sea), off intestinal contents. They pro- mated. Because of the close affinity and into south Asia, dogs are the duce large numbers of eggs, which between children and young dogs, principle method of disposing of are shed in the feces. The eggs are most of the human cases are in unwanted offal from many small- not immediately infectious and young people (Wright 1991; Shar- scale, often unofficial, slaughter- must undergo development over ma, Kumar, and Chawla 2002). houses. Education of slaught- several weeks or months in the en- WHO states that 45 percent of erhouse workers is often very poor, vironment before becoming infec- rabies cases occur in children since they typically come from the tious. (The time taken for develop- under fifteen years of age. Most of most downtrodden and oppressed ment depends on environmental these cases are males, probably due sections of society, and thus the conditions.) Upon ingestion of to the bolder, more adventurous risks associated with poor work contaminated soil or oral contact play of boys and youths, and most practices are not appreciated with soil-exposed hands, the larvae of the cases from the developing (Hammond and Sewell 1990). hatch and migrate via the blood- world occur among the socially dis- Home slaughter of stock for con- stream throughout the body as vis- advantaged. This partly explains sumption is also a common factor, ceral larval migrans. In young dogs the underreporting of cases and since community dogs are likely to they migrate from the lungs up the the low priority attached to rabies be given the unwanted offal. Some trachea and into the gut, where in most developing countries. tribal peoples, especially in Kenya they develop to maturity. In non- and Sudan, are particularly at risk target species, such as humans, Echinococcosis of echinococcosis because of cul- however, the larvae remain as lar- This is a disease caused by interme- tural practices that encourage very vae in the various body tissues, diate forms of the canine cestode close associations between dogs where they survive for long periods worms Echinococcus granulosus and food preparation practices. but do not develop further. Dogs and E. multilocularis. Dogs are There is also no veterinary care with a Toxocara infestation are not infected with these parasites by eat- available to these people or their themselves infectious because of ing hydatid cysts found in the offal animals, so worm burdens in dogs the period of larval development in of many mammals, including com- remain high. Women of these tribes the environment that is needed. mon ruminants. The ingested are at increased risk, because they Nursing bitches and young pups forms attach to villi and develop in are mainly involved in food prepara- pose a risk, however, as pups can the dog’s small intestine. On matu- tion and disposal. Infection rates in acquire infection from their dam’s rity the worms produce eggs, typi- dogs can be very high, ranging milk. Migrating Toxocara larvae cally thirty-four to fifty-eight days from less than 1 percent of dogs pose a health risk to young chil- following ingestion by the dog. infected in Pretoria, South Africa, dren. Although a number of dis- Eggs are produced for at least to 50 percent and 60 percent in ease entities are recognized as a eighty days and in enormous num- Kenya, Sudan, and Tanzania. Simi- result of infection with Toxocara bers. Echinococcus eggs are passed lar high infestation rates among larvae, the most serious and best

Dogs and Dog Control in Developing Countries 57 known is the ocular larva migrans dogs found on the streets. In many removed to some central facility to form of the disease, where larvae, cases these campaigns do not dis- be killed. The techniques used for often many years after their inges- criminate between the owned-but- catching are often far from humane tion, cause damage to the retina of roaming-unsupervised animals and themselves. In India, where there is the eye. This can result in loss of neighborhood dogs in an area. Con- some of the most thorough animal visual acuity and even blindness. sequently, there is often consider- welfare legislation in the world, the Although the disease is generally able antagonism between the gov- method laid down by law involves considered in developed countries ernment functionaries charged catching the free-roaming dog in a as a risk to children who play in with collecting dogs and the popu- large sack (Prevention of Cruelty playgrounds contaminated with lation at large, particularly where, [Capture of Animals] Rules 1979). dog feces, it clearly poses a risk to as in much of south Asia, there is a This method, which is used in the children in developing countries general religious (Hindu, Buddhist, Jaipur animal birth control (ABC) where high numbers of free-roam- and Jain) sentiment against killing program, has been examined by ing dogs defecate freely through- animals. Societies often become many veterinary surgeons and wel- out the environment and where very polarized, with some sections fare activists and adjudged humane infant and child hygiene has not strongly advocating the removal of by all except one animal welfare reached the obsessive levels seen in all dogs from the streets and other group, which could provide no justi- some developed countries. groups arguing equally forcefully to fication for its opinion. However, in abandon the culling policies. much of the developing world, even Many of the methods civic where laws do exist, they are poorly Control Issues in authorities use to remove dogs are enforced, and such is the case with the Developing less than satisfactory when viewed dogcatching in India. Most munici- from an animal welfare perspective. pal dogcatchers use other methods World The government employees charged that are contrary to the provisions While figures for the incidence of with the task are often from the of the animal welfare legislation. echinococcosis and toxocariasis least-educated, socially deprived, This can include using long iron are not readily available, and those and oppressed sections of society. In tongs, similar to very large fire for rabies fatalities are subject to northern India, for example, only tongs, with which the animals are considerable error from poor Dalits of the lowest caste, Harijan, grabbed by whichever part of their reporting procedures in developing will catch dogs. These poorly edu- anatomy presents itself. This can countries, it is obvious that large cated people are poorly trained and often lead to penetrating injuries of populations of poorly regulated poorly supervised, since few higher soft tissues. In other cases the ani- dogs pose a risk to the health of officials in the government service mals are lassoed variously with the human population. Coupled want to be associated either with chains or ropes often held on poles. with the types of problems associ- the Harijan dogcatchers or with the This method is favored in Hong ated with free-roaming dogs act of dog catching itself. The meth- Kong and throughout much of reported in Soweto, South Africa, ods used to remove dogs vary. In India. It is also the method advocat- there is a strong case for introduc- some places, such as Kathmandu ed by the group referred to earlier ing some means of dog control in and, formerly, in Jaipur, it is done by that objected to the sack method. most developing countries. The indiscriminate use of poison, the Catching dogs by nooses often success of such control measures most commonly used of which is results in partial or complete loss of depends heavily on an understand- strychnine. Not only does such poi- consciousness due to cerebral anox- ing of the dog ecology and the soning risk poisoning other crea- ia through occlusion of the carotid nature of the dog-human bond in tures, including children, but also and other arteries to the brain. the locale under consideration. few poisons are humane in action. Having restrained the dog, no Lack of appreciation of these (Strychnine, which causes respira- matter how poorly, the dogcatcher issues is, I believe, one of the main tory arrest through paralysis of the must then move the animal into a reasons why efforts to control free- respiratory muscles, for example, is suitable vehicle for transport to roaming dogs in developing coun- clearly distressing to the poisoned central depots. With the sack tries so often fail. animal.) Indiscriminate distribu- method of catching, this is done by In many developing countries, tion of poison also has the environ- carrying the dog to the vehicle in efforts to control the often large mental disadvantage of dead and the sack and then emptying the populations of free-roaming dogs dying animals left throughout the sack into the vehicle. With the typically focus on mass removal of environment who must be removed. tongs method, the dog is lifted up dogs. In most cases, in south Asian In many places where poisoning by the tongs and put in the vehicle. countries, this is done by killing the is not used, dogs are caught and To make this process easier, the

58 The State of the Animals III: 2005 tail or a hind leg is often held by an oping world. In Delhi a concerted overrepresented in young animals. assistant, and the animal is effort at dog removal killed a third Thus, by removing dogs, the rate of stretched to reduce struggling. of straying dogs with no reduction population turnover and the pro- With nooses and chains, the catch- in the dog population (Blue Cross portion of young animals are er will whirl the animal around his of Hyderabad/Animal Welfare increased. Both lead to conditions head on the end of the noose Board of India 2000). In Hong that encourage rabies transmis- before releasing it, airborne, into Kong approximately twenty thou- sion. Many areas endemic for the catching vehicle. Some catch- sand dogs were killed by the gov- rabies already have high rates of ing teams carry truncheons with ernment and another thirteen dog population turnover and high which to beat the animal if the dog thousand by welfare organizations proportions of young dogs in the attempts to bite during the catch- every year, in an operation that has population (Daniels and Bekoff ing process. been described as “annual harvest- 1989). In Tunisia 30–35 percent of Once in the vehicle, animals may ing,” similar to that practiced in the population is replaced each be held for many hours, even days, wild animal control in Africa, with year. In Mexico 38 percent of the usually without food or water. In little impact on the free-roaming dog population is between three some cities in India, it is the prac- dog population (Dahmer, Coman, and twelve months of age (Beck tice to fill a caged vehicle until no and Robinson 2000). In Ecuador 2000). In West Bengal, India, only a more dogs can be stuffed in. In the elimination of 12–25 percent third of pups survive one year (Beck such cases some animals have to of the dog population each year for 2000). In Zimbabwe’s communal stand on dogs beneath them. Once five years did not reduce the popu- lands, 71.8 percent of dogs die in returned to the central depot, lation (WHO 1988). In rural Aus- their first year, and pup mortality is these dogs may be electrocuted, tralia a 76 percent reduction in the estimated at 52.6 percent in the gassed, or drowned. In a method free-roaming dog population failed first month of life (Butler and Bing- documented in the city of to achieve a lasting reduction in ham 2000). The causes of young Vishakhapatnam, the caged dogs the population, and the number of dogs’ deaths is not fully known and were doused with water and the free-roaming dogs returned to pre- will vary from culture to culture but metal cage connected to the elec- cull levels within one year (Beck will include distemper and par- trical supply to electrocute the ani- 2000). In Kathmandu street dogs vovirus infection; road and other mals en masse. In India, the elec- have been poisoned for at least 50 accidents; active culling by man in trical current is often variable in years with little long-term effect on some countries, particularly of supply, and due to overcrowding, the population. In Chennai (former- female pups; fights; and starvation. many animals are not in contact ly Madras), India, the municipal Although the reproductive poten- with the metal fabric of the cage. authorities’ dog-culling program tial of dogs is high generally, it may Thus, this method of electrocution had been in operation for 120 years not be as high in all environments was far from efficient, with some yet is still required because of the as some workers have assumed. Fig- animals taking many minutes dog problem (Blue Cross of Hyder- ures from Jaipur show that breed- before expiring. Those who were abad/Animal Welfare Board of ing of street dogs in that city follows not killed in the ordeal were India 2000). Dog-removal pro- a unipolar seasonal pattern as is clubbed to death. grams do not control the dog pop- seen in many wild canids, but which It is unfortunate, given the con- ulation, or the various diseases and is not considered normal for Canis siderable effort and the very seri- nuisances associated with dogs, familiaris. In Jaipur there is a very ous welfare implications for the because of their high reproductive marked breeding season in autumn dogs concerned, that it is now well potential and the continuing pres- (Chawla and Reece 2002). Clearly, recognized that mass removal of ence of an empty biological niche being receptive to breeding only dogs will not work as a means of with unexploited resources. More once a year reduces the reproduc- controlling the population or the puppies are born to the surviving tive potential of the species. Anec- spread of diseases such as rabies. animals, and more of them survive, dotal evidence, however, suggests As long ago as 1988, WHO “strong- and more dogs migrate into the these findings may not apply ly insisted that administrators area recently rendered dog-free. throughout the subcontinent, em- obtain proof that elimination has a Dog removal may indeed be coun- phasizing the need for knowledge of significant positive impact on terproductive when considered the local ecology of the free-roam- rabies’ endemnicity and/or epi- from a rabies-control perspective. ing dog population in any control demiology before deciding to con- The spread of rabies among the program. tinue dog removal” (WHO 1988). dog population is encouraged by Despite the considerable mass of The evidence for this statement is high population turnover (Blancou evidence and the advice of WHO, fairly clear throughout the devel- 1988; Beran 1991). Rabies is also many municipal authorities in India

Dogs and Dog Control in Developing Countries 59 and elsewhere in the developing The relocated dogs can cause on a lead and in an appropriate world continue to chose the removal severe disruption to livestock in place. Governments play a role in option over other alternatives of dog their efforts to find food, which are this with a sensible licensing regime or rabies control. In part this is often unsuccessful and lead to to regulate dog ownership. Licenses because of the lack of understand- dogs dying of starvation. can be made less costly for steril- ing and awareness of the issues In some developing countries, ized and vaccinated dogs, thus involved. In part it is also because some of the problems caused by encouraging these desirable act- transient politicians and officials street dogs are addressed through ions. Such a regime of responsible feel under pressure to act—and to mass parental vaccination cam- pet ownership would be particularly be seen to act—when dog problems paigns in an attempt to eradicate valuable in many developing coun- are drawn to their attention, as they rabies from the cities involved. tries where the increasingly affluent frequently are, particularly by the This method has been used on a middle classes have taken to keep- better-educated and more influen- truly heroic scale in parts of South ing dogs as status or fashion sym- tial members of society. America (Largi et al. 1988). A sim- bols. This trend tends to mean that Not every attempt to remove ilar scheme was recently piloted many people have no knowledge of dogs ends in their killing. Recently successfully in Chad (Kayali et al. correct dog care and appropriate in Jodhpur in Rajasthan a removal 2003). Millions of doses of rabies social etiquette. In the Western program was begun which included vaccine have been given annually world it is now commonplace for keeping the dogs in pounds. This to free-roaming dogs. This method dog owners to be expected to clean has also been attempted in Turkey. has worked to control rabies in the up the ordure their charges leave in As a means of controlling the free- areas where it is applied but, of public places. Municipal laws roaming dog population, this has course, does nothing to address demand such activity. However, in not worked for the same reasons the other problems of disease and much of south Asia, especially, such that killing the removed dogs does nuisance caused by a burgeoning a law would have little chance of not work. Furthermore, keeping street dog population. Recently a success because of deeply ingrained large numbers of dogs in pounds is modified rabies virus has been attitudes based on caste and the expensive and difficult to do if the incorporated into an oral vaccine quasi-religious concept of impurity animals’ welfare is taken into preparation for dogs. This should and pollution that would prohibit account. Diseases tend to spread make mass vaccination of large much of society from even contem- more rapidly among large groups proportions of the free-roaming plating handling, even indirectly, of dogs and establishing a social dog population much easier, which their dog’s feces. For licensing sys- order within such groups results in will enable the threshold level tems for dogs to be effective, they fighting and injuries. The number required for rabies control to be would need to be enforced and pos- of dogs found in the typical city in reached. It is hoped that trials of sibly accompanied by the removal, a developing country also pre- this vaccine will be allowed by the after suitable warnings, of unli- cludes this approach. One Indian Indian government shortly to con- censed animals. This requires con- city, Hyderabad, is believed to have trol rabies in this country. siderable municipal investment in a dog-to-man ratio of 1:40 (Blue The control efforts, which are identifying licensed dogs and Cross of Hyderabad/Animal Wel- advocated by WHO and others, humane removal and kenneling of fare Board of India 2000), which involve a three-part program fea- apparently unlicensed dogs while implies a total dog population of turing responsible pet ownership awaiting confirmation of the ani- between fifty and one hundred with licensing of pet dogs, steriliza- mal’s status. In much of the devel- thousand. Jaipur, a city of roughly tion and vaccination of free-roam- oping world, any licensing regime two million people, has an estimating dogs, and habitat control is, in effect, a means of boosting the ed fifty to sixty thousand dogs. Fig- (WHO 1990). income of the responsible govern- ures of this magnitude, typical for Responsible pet ownership re- ment enforcers through bribery. many cities, make establishing quires educating the public in the It is generally believed that dogs pounds impractical. In some Indi- correct ways to own a pet dog and exist in very few places where they an cities, the removed dogs are care for it. It would include such have no referral household or com- relocated to the nearest jungle matters as sterilization of animals; munity (WHO 1990). The excep- area. This, too, does not control appropriate and timely veterinary tion to this is around food markets, the population and has the added treatment, including vaccination slaughterhouses, temples, and disadvantage of spreading prob- and anthelmintic administration; roadside restaurants, where suffi- lems associated with free-roaming and the need to exercise control cient food is available without the dogs to other areas, usually with over pet dogs’ activities by, for active involvement of humans in lower human and dog populations. example, exercising the animal only feeding the dogs. In north India,

60 The State of the Animals III: 2005 however, these conditions are com- ical of poor areas. What does seem financial help from the civic mon, and unofficial food sources without doubt is that, were govern- authorities, with animal welfare are freely available to dogs. The ments to make concerted and con- organizations bearing most of the availability of resources may be a stant efforts to reduce the avail- costs associated with them. Indeed, limiting factor in the size of the ability of food and shelter in the the motivation behind many ABC free-roaming dog population (But- towns and cities of the developing programs is driven by animal weller and Bingham 2000). It thus fol- world, the population of free-roam- fare rather than public health, lows that, if these resources can be ing dogs would be reduced. It has which does cause some conflict, controlled, the free-roaming dog been suggested that, were a civic particularly with those medical population should also be con- government to implement sudden- doctors whose professional lives trolled. In many developing coun- ly and rigorously such a plan for involve dog bite clinics that see tries, civic infrastructure does not civic cleanliness and order, there dozens of bitten people each day. include even basic sanitation and might be a concomitant need to The basic premise behind ABC pro- access to indoor, drained lavato- instigate some form of “humane grams is that captured dogs would ries, much less the efficient dispos- culling” of the dog population. be sterilized, vaccinated against al of household waste. Waste in Failure to do so may otherwise rabies, and returned to the exact developing countries has a much result in large numbers of dogs location whence they came. They higher organic content than that with insufficient food fighting over would thus maintain their position in developed countries because the the remaining resources, migrat- in the hierarchy of free-roaming consumer culture has yet to devel- ing to other areas with serious con- dogs, preventing migration and op, and very securely wrapped consequences to population stability population instability while not venience foods do not feature in in the new areas, and ultimately contributing to the number of pup- the typical diet. Many workers con- starving to death. A rigorous civic pies produced. In this way it was cerned with dog ecology in devel- hygiene plan undoubtedly would hoped that many of the problems oping countries believe that the result in a reduction in the nui- with large, unsupervised dog popu- success of the dog population sances caused by free-roaming lations would be controlled. depends on the free availability of dogs, including those diseases human waste food and feces, which associated with the animals. This enables females to maintain the would be welcome in the fight The Jaipur high levels of fecundity required to against rabies, for example, but ABC Program offset the high mortality rate would confront animal welfare One of the problems with WHO’s among pups and young dogs (But- organizations in these cities with a approach to dog population con- ler and Bingham 2000; Dahmer, difficult and unpleasant problem. trol was that it seemed counterin- Coman, and Robinson 2000). In The third part of a plan to con- tuitive. There was little positive evi- contrast, workers studying in trol free-roaming dog populations dence to prove that the methods developed countries believe the as envisaged by WHO is the intro- advocated would work, even if it availability of shelter may be the duction of sterilization and vaccina- was reasonably well established sci- limiting factor determining dog tion of dogs from this population. entifically that mass removal of population size (A.M. Beck, per- These plans, as previously men- dogs would not work. In an at- sonal communication, June 23, tioned, are known in much of the tempt to correct this situation, an 2004). Experience in India sup- developing world as animal birth ABC program was established in ports the food-availability hypothe- control (ABC) programs and in the Jaipur in late 1994 with a view to sis where areas, which are kept Americas as trap-neuter-release collecting data on the efficacy of clean because they house senior (TNR) programs, have been part of such programs. Initially the Jaipur government officials, for example, WHO policy to control the health program was a pilot program. have very low dog populations. In problems associated with large dog Once the pilot had been completed contrast, areas with no civic populations since 1990. There have with results that looked positive, amenities—where the population been ABC programs in India since the ABC program was expanded to is obliged to put its rubbish out on before this; however, the program cover most of the city. Jaipur, the the streets and where many are in Madras (now Chennai) began in rapidly expanding capital of the obliged to defecate in open 1964 (Blue Cross of Hyderabad/ desert state of Rajasthan, has a spaces—have large dog popula- Animal Welfare Board of India population of about two million tions. The amount of shelter avail- 2000). The concept is now wide- people. The methods and results of able to dogs will be similar in each spread across many developing the Jaipur ABC program are de- area or may, indeed, be lower in countries. Unfortunately most pro- tailed in Anderson et al. (1981). the dense, unplanned housing typ- grams are conducted with little

Dogs and Dog Control in Developing Countries 61 The Jaipur ABC program has large numbers of male dogs is lation it is trying to control. As of divided the city into areas and fur- attempted since the remaining 2004 more than thirty thousand ther subdivided these using major unaltered males will continue to animals had entered the program geographical features as the sire pups by every unaltered female and more than twenty-four thou- boundaries. Dogs are caught from available. The limited surgical skill sand sterilization and vaccination one of these areas using the sack of some veterinary surgeons in operations had been performed. method referred to earlier. The some developing countries may An additional three thousand ani- location of each dog is recorded as account for this policy difference, mals had been vaccinated against accurately as possible, and the however, since castration is the rabies. Population censuses indi- dogs are transported back to the easier procedure. cate that about 70 percent of the ABC kennels and veterinary oper- Once the surgical procedure is female population had been steril- ating suite located in an animal completed, the animals are re- ized and vaccinated. The total pop- welfare nongovernmental organiza- turned to their individual kennels ulation in a smaller representative tion (NGO)’s premises. The dogs to recover. They are examined by area of the total area covered by are kenneled individually, given a veterinary surgeons daily until they the ABC had declined by 28 per- quick veterinary examination, and are considered to have recovered cent from its peak. It has been registered before being allowed to sufficiently to endure the rigors of established that dogs in Jaipur settle in. In the Jaipur program, life on the streets. At all stages of breed seasonally (in late autumn) approximately 10.3 percent of the ABC program, the dog is and have an average litter size of dogs captured are killed humanely accompanied by a registration card 5.62 pups. since they are found to be suffering to avoid any confusion as to his or The program does not have an from serious disease or illness or to her identity and location. Records active re-vaccination component be temperamentally unsuited to are maintained of all information because the available scientific evi- life on the streets among a high- deemed relevant so the program dence suggests that street dogs do density human population. (The can be monitored carefully. The not usually live long lives (Butler concept of a strict “no kill” policy Jaipur program aims to catch unal- and Bingham 2000; Coyne et al. in the context of a major ABC pro- tered adult male dogs, in addition 2001). The vaccine given confers gram is nonviable if only because to the sterilized individuals, so that protection for three years, accord- of the number of animals in- they may be vaccinated against ing to the manufacturer’s informa- volved.) rabies and so identified by an ear tion, and possibly longer if given, The next day the dogs are fasted notch and tattoo. The adult males as it is in the program, intramuscu- and given pre-medication. They are are also returned to their exact larly (Daniels and Bekoff 1989). prepared individually for surgery location in the city. By vaccinating However, some dogs are recaught and given anesthetic, antibiotics, only these adult dogs, the hierar- for other reasons or by mistake. and analgesics. All animals are vac- chy is less disturbed (since the From these the Jaipur program has cinated against rabies using a mod- males maintain their own territo- some migration and longevity ern vaccine that gives three years’ ries), but the percentage of the data. Of recaught dogs 21.5 per- immunity. The dogs are marked total dog population that is vacci- cent had traveled less than five permanently by removing a notch nated against rabies is increased. hundred meters from the place of from the cranial border of the left Research from rabies-control pro- original capture and release. Only pinna and a five-digit, alphanumer- grams in Europe and elsewhere 15.2 percent of recaptured dogs ic, unique tattooed number in the and epidemiological theory indi- had survived longer than a thou- right pinna. The dogs are then cate that a certain threshold per- sand days from the date of their sterilized by complete ovariohys- centage of vaccinated dogs must original release. terectomy through a right flank be achieved to prevent continu- Arguments about animal welfare incision; males are sterilized by ance of the urban rabies cycle in developing countries carry little castration through a single pre- (Margawani and Robertson 1995). weight with governments and deci- scrotal incision. The Jaipur pro- According to WHO this threshold sion makers. However, if the con- gram concentrates on sterilizing percentage for rabies is about 70 cept of ABC programs, together female animals since they produce percent, though exactly how this with the other dog-control meas- the puppies. Prepubescent male figure has been derived seems ures mentioned, can be shown to puppies are also castrated. Some unclear from the literature. have a positive effect on human programs sterilize all dogs, includ- The Jaipur program has at- health, then governments may ing adult males. With limited tempted to record all manner of show greater interest in imple- resources available, however, it is data on its effects and on the ecol- menting these control programs, hard to see why castration of even ogy and behavior of the dog popu- which would improve the animal

62 The State of the Animals III: 2005 welfare situation. To this end the Asia government is extremely and some European countries in Jaipur ABC program has attempt- bureaucratic and cautious. Dog the early part of the twentieth cen- ed to collate data on human rabies control does not readily fall within tury by a strictly enforced licensing cases occurring in the city. As with any particular department’s sphere regime, along with stray elimina- much of the developing world, dis- of influence: health departments tion programs and rigid quaran- ease-reporting procedures leave claim that dog control is not their tine procedures and concomitant much to be desired. However, fig- problem, and veterinary depart- improvements in civic hygiene. In ures for human rabies cases from ments claim rabies is a human dis- England, for example, for much of the main state hospital in the city ease. Improvements in civic infra- the twentieth century, it cost as suggest that the number of cases structure are the responsibility of much to license ownership of a dog has fallen in the area covered by other departments that have little for a year as it did for a man to the ABC program from a pre-ABC incentive to be involved in the obtain government permission to peak of ten cases a year to no “degrading” area of waste manage- take a wife for life! The fact that reported cases in 2001 and 2002. ment when larger development these measures were successful at In areas of the city not served by projects such as road and bridge controlling free-roaming dogs and the ABC, the number of cases has construction are available. In rabies emphasizes that control is risen as the outlying areas develop. India, Nepal, and Sri Lanka, most possible and that control measures The total number of cases seen in of the effort promoting ABC pro- must be suitable to the society and the hospital, regardless of the grams as a part of the total control situation in which they are applied. place of origin, has remained of free-roaming dogs has come approximately static. This would from animal welfare organizations. seem to suggest that the program In the case of India this has, until Conclusion is having an affect on the levels of lately, been greatly helped by sup- The roles of dogs in developing rabies infection within Jaipur city. port from government due to for- countries are varied and range from In an attempt to prove that the mer minister Maneka Gandhi’s the venerated to the impure, from ABC program benefits the dogs of passionate interest in animal wel- the tolerated to the loved. In many Jaipur, a study of the incidence fare. (India has one of the most situations dogs undoubtedly do rates of the two commonest dis- advanced government structures sterling work for their community ease processes of street dogs (e.g., in the world for improving animal as guard dogs, affording protection transmissible venereal tumor and welfare.) The human health issues against a dangerous, uncontrolled parasitic mange) was undertaken have not been emphasized, so ABC world and providing a means by from the records maintained by programs and their proponents are which much human waste is the ABC program. Although sub- seen as being “for” dog welfare removed from the environment of jective assessment of the city’s protection and advancement man (thus suppressing populations dogs’ condition indicates that ABC rather than attempting to help the of other more pestilential creatures dogs are in better condition than human population at large. Unfor- such as rats and cockroaches). those who have not been through tunately, many organizations Unfortunately dogs’ very success at the ABC program and that dogs in undertaking ABC programs in living with and relying on man can Jaipur are in better condition than developing countries are some- create problems for both the dogs those elsewhere, this study failed what economical with the truth and their associated human popula- to indicate any difference in the and creative in their accounting tions. The dogs suffer from very diseases’ incidence rates. procedures, often encouraged in short life expectancies and high The various results of the Jaipur this approach by per capita pay- rates of mortality, among the ABC program indicate that a con- ments for each dog entering the young especially, and these deaths certed effort to sterilize and vacci- program. Thus achievements may are often unpleasant. The human nate free-roaming dogs from the be on paper only. Opponents of population is subjected to minor city’s streets may indeed stabilize humane dog-control measures or problems by a large free-roaming or reduce the dog population and those who remain to be convinced dog population, including noise control rabies, the most serious are thus handed plenty of ammuni- and environmental soiling by disease associated with dogs. tion by examples of where such ordure, and to some major public Armed with data such as these, measures have not achieved what health issues, such as rabies, from one would think that the program was claimed for them. which about thirty thousand people would be applied throughout the It is interesting to note that free- die each year, mainly in developing developing world. Unfortunately roaming dogs and their associated countries. Some measure of con- this has not been the case to date, problems, particularly rabies, were trol of the dog population would for a number of reasons. In south controlled in the United Kingdom seem desirable in many of these

Dogs and Dog Control in Developing Countries 63 countries. The control measures tality in the United Republic of Matter, H.C., and T.J. Daniels. applied and the future develop- Tanzania from dog bite injuries. 2000. Dog ecology and popula- ment and refinement of the Bulletin of the World Health tion biology. In Dogs, zoonoses, human-dog bond must be in accor- Organisation 80: 304–310. and public health, ed. C.N.L. dance with the local customs, Coyne, M.C., J.H.H. Barr, T.D. Yale, Macpherson, F.X. Meslin, and beliefs, and wishes of the human M.J. Harding, D.B. Tresman, and A.I. Wandeler, 17–62. Oxford: population as well as the ecology of D. McGavin. 2001. Duration of CABI. the dog population locally. immunity in dogs after vaccina- Overgraauw, P.A.M., and F. van tion or naturally acquired infec- Knapen. 2000. Dogs and nema- tion. Veterinary Record 149: tode zoonoses. In Dogs, Literature Cited 509–515. zoonoses, and public health, ed. Anderson, R.M., H.C. Jackson, Dahmer, T., B. Coman, J. Robin- C.N.L. Macpherson, F.X. Meslin, R.C. May, and A.H. Smith. 1981. son. 2000. Ecology, behaviour, and A.I. Wandeler, 213–256. Population dynamics of fox and persistence of packs of Oxford: CABI. rabies in Europe. Nature 289: stray/feral dogs with implica- Prevention of Cruelty (Capture of 765–771. tions and practical recommenda- Animals) Rules 1979 made Beck, A.M. 2000. The human-dog tions for control. Final report to under ss38(2)(i) Prevention of relationship: A tale of two Department of Agriculture, Fish- Cruelty to Animals Act 1960. species. In Dogs, zoonoses, and eries, and Conservation, Govern- Government of India, New Delhi. public health, ed. C.N.L. Mac- ment of Hong Kong. March. Sharma, N., V. Kumar, and M. pherson, F.X. Meslin, and A.I. Daniels, T.J., and M. Bekoff. 1989. Chawla. 2002. Profile of animal Wandeler, 1–16. Oxford: CABI. Population and social biology of bite cases in ARC, SMS Hospital, Beran, G.W. 1991. Urban rabies. In free ranging dogs. Journal of Jaipur. APCRICON Souvenir. The natural history of rabies, ed. Mammology 70(4): 754–762. World Health Organization G.M. Baer, 427–433. Boca Hammond, A., and M.H.H. Sewell. (WHO). 1988. Report of WHO Raton, Fla.: CRC Press. 1990. Echinococcosis. In Hand- consultation on dog ecology stud- Blancou, J. 1988. Epizootology of book on animal diseases in the ies related to rabies control. rabies: Eurasia and Africa. In tropics, 4h ed., ed. M.H.H. Sewell WHO/Rab.Res./88.25. Rabies, ed. J.B. Campbell and and D.W. Brocklesby, 117–119. ————. 1990. WHO/WSPA K.M. Charlton, 242–265. Bos- London: Bailliere Tindall. guidelines for dog population ton: Kluwer Academic Publica- Kayali, U., R. Mindekem, N. Yemad- management. WHO/ZOON/90/ tions. ji, P. Vounatsai, Y. Keninga, A.G. 166. Blue Cross of Hyderabad/Animal Ndoutamia, and J. Zinsstag. Wright, J.C. 1991. Canine aggres- Welfare Board of India. 2000. 2003. Coverage of a pilot sion towards people. Veterinary Summary of a seminar on man- parental vaccination campaign Clinics of North America: Small agement of stray dog population against canine rabies in N’Dja- Animal Practice 21(2): 299–314. and rabies control. June. mena, Chad. Bulletin of the World Briggs, D.J. 2002. Purified chick Health Organisation 81(10): embryo cell vaccine: Rabies vac- 739–744. cine for a new millennium. Indi- Largi, O.P., J.C. Arossi, J. Naka- an Journal of Internal Medicine jataa, and A. Villa-Nova. 1988. 11(6) Supplement 2: 1–4. Control of urban rabies. In Butler, J.R.A., and J. Bingham. Rabies, ed. J.B. Campbell and 2000. Demography and dog- K.M. Charlton, 407– 422. human relationships of the dog Boston: K.M. Kluwer Academic population in Zimbabwean com- Publications. munal lands. Veterinary Record Macpherson, C.N.L., and P.S. Craig. 147: 442–446. 2000. Dogs and cestode zoo- Chawla, S.K., and J.F. Reece. 2002. noses. In Dogs, zoonoses and Timing of oestrus and reproduc- public health, ed. C.N.L. Macpher- tive behaviour in Indian street son, F.X. Meslin, and A.I. Wandel- dogs. Veterinary Record 150: er, 177–255. Oxford: CABI. 450–451. Margawani, K.R., and I.D. Robert- Cleaveland, S., E.M. Fevre, M. son. 1995. A survey of urban pet Kaare, and P.G. Coleman. 2002. ownership in Bali. Veterinary Estimating human rabies mor- Record 137: 486–488.

64 The State of the Animals III: 2005 International Animal Law, with a Concentration 6CHAPTER on Latin America, Asia, and Africa

Neil Trent, Stephanie Edwards, Jennifer Felt, and Kelly O’Meara

t is, of course, a challenge to likely to have an animal protection while the United Kingdom is undertake an overview of inter- law, yet these concepts do not neces- steeped in animal protection legis- Inational animal protection law sarily correlate, though it may lation, as of 2005 it had not yet within the confines of a single reflect increased interest in animal banned dog and cat fur products, chapter. The countries reviewed protection as a concept [Table 1]). which due to their inhumane pro- here are exemplars chosen to International animal protection can duction, have cause a worldwide represent various animal welfare be best understood by placing coun- furor—and legislative prohibition in issues in each region. tries in one of four descending levels the United States and elsewhere. The status of domestic animal of animal protection. Countries of Australia, which has officially protection laws in Asia, Africa, and Asia, Africa, and Latin America can banned the sale of dog and cat fur, Latin America varies, as one might be found in the bottom three cate- had as of 2005 no blanket federal imagine, from country to country. gories (Irwin 2003). legislation concerning domestic Countries with high per capita animal welfare, though it did have incomes are more likely to have a strong animal welfare laws within large number of animal protection Model Animal each of its territories. organizations, whose existence nor- Protection A number of European countries mally leads to the passage of protec- have made great advancements in The greatest degree of animal pro- tive legislation.1 The sociopolitical, animal welfare protection in the last tection is found in North America, cultural, and religious backgrounds few years. As of 2005 the European Northern Europe, and Australia/ of each country, as well as previous Union (EU) was considering a ban New Zealand. These regions exhib- colonization, also influence whether on the import, export, sale, and pro- it the highest levels of such protec- it has animal protection legislation duction of cat and dog furs and tion and have comprehensive ani- and whether these laws are en- skins. Though some countries mal welfare legislation. forced. Previous colonization is the strongly supported this ban, others, Animal legislation in these coun- case in many former British col- like the United Kingdom, felt that it tries includes laws protecting com- onies, which often have very good is not the EU’s place to intervene in panion animals, livestock, and wild- laws but neither the means nor the individual countries’ affairs. Austria, life. Their statutes describe what interest to enforce them. With some on the other hand, had taken huge behavior is considered humane exception, countries within each steps in advancing animal protec- treatment of animals and what is region of the world follow similar tion by passing in May 2004 one of considered animal abuse, and they patterns of law and enforcement. Europe’s toughest animal rights are regularly enforced. There is also (Logically, it would follow that coun- laws, the Animal Protection Act of a high level of enforcement, yet con- tries with the highest number of ani- 2004. It prohibits caging of chick- ditions for animals are still not ideal mal protection groups per land area ens, cropping of dog’s tails and ears, and laws are not uniform from one or per population would be the most chaining of dogs, and use of wildlife country to another. For example,

65 Table 1 Animal Protection Activity in Selected Countries

No Law but Number of Draft of Law Animal Number of in Progress Total Land Area- Protection Number of APOs per or Under Population in Hundreds of Organizations APOs per Hundred Country Law No Law Review Millions* Square km* (2004)** million people Square km Australia • 19.91 7,617.93 355 17.83 0.05

Austria • 8.17 82.44 122 14.93 1.48

Spain • 40.28 499.54 108 2.68 0.22

UK • 60.27 241.59 752 12.48 3.12

Antigua • 0.07 0.44 4 57.14 9.09

Anguilla • 0.01 0.10 1 100.00 10.00

Bahamas • 0.30 8 26.60

Costa Rica • 3.96 50.66 15 3.79 0.29

Honduras ••6.82 111.89 2 0.29 0.02

Mexico ••104.96 1,923.04 83 0.79 0.04

Panama • 3.00 75.99 7 2.33 0.09

Bolivia • 8.72 1,084.39 21 2.41 0.02

Brazil • 184.10 8,456.51 93 0.50 0.01

Chile ••15.82 748.80 67 4.24 0.09

Colombia • 42.31 1,038.70 26 0.62 0.03

Peru • 27.54 1,280.00 12 0.44 0.01

China • 1,298.85 9,326.19 38 0.03 0.004

India • 1,065.07 2,973.19 326 0.31 0.11

Japan • 127.33 374.74 54 0.42 0.15

Korea • 48.60 98.19 20 0.41 0.2

Philippines • 86.24 298.17 16 0.19 0.05

Russia ••143.78 1,699.80 38 0.26 0.02

Botswana • 1.56 585.37 4 2.56 0.01

Kenya • 32.02 569.25 21 0.65 0.04

South Africa • 42.72 1,219.91 90 2.11 0.16

Uganda • 26.40 199.71 9 0.34 0.05

Zimbabwe • 12.67 386.67 24 1.89 0.06

*Source: CIA World Factbook. www.cia.gov/cia/publications.factbook. **Source: World Animal Net Directory.

66 The State of the Animals III: 2005 in circus acts (Associated Press improvement in their programs. laws against cruelty, dogfighting, 2004). Spain, with a mid-to-high South Africa has two animal pro- and cockfighting, but most of the level of animal protection, has been tection laws, the Animal Protec- penalties for animal abuse in these experimenting in the last two years tion Act 24 of 1962, which covers countries generally involve a fine with strengthening animal-cruelty all animals, and the Performing and are not usually implemented laws. Several cities, including Animals Act, which includes work- (Trent 2004a). Barcelona, had condemned bull- ing and performing animals. En- fighting. While there is no official forcement of these laws is largely ban at the provincial level, people’s left up to the National Society for Central and protests against bullfighting show the Prevention of Cruelty to Ani- South America that they are ready for tougher animals (NSPCA). If animal abuse is mal protection laws (Trent 2004b). suspected, the law allows NSPCA and Asia-Japan The first European regulation at the member organizations to enter the Central and South America and municipal level to ban euthanasia as suspect premises and seize the ani- part of Asia (Japan), along with the a means of animal control passed in mal involved. It also has the right Middle East, have relatively weak Catalonia in January 2003; the Law to arrest a person who tries to pre- animal protection programs, and for Animal Protection takes effect in vent its personnel from entering a enforcement of such laws in many all of Catalonia in 2007. Yet some premises and/or removing an ani- of these countries is minimal. The cities, like Barcelona, have passed mal. The problems arise in actually high economic status and high similar legislation independently punishing offenders under these standards of living in many of the (Abend and Fingree 2004). laws. Because there is no separate countries in these regions normally court to hear animal-related cases, would indicate advanced protection these cases are regularly pushed laws and programs, but that is not Australia aside to address other criminal the case. Instead, cultural chal- Although Australia does not have a cases. Since crime is high in South lenges and traditions are obstacles federal law protecting domestic Africa, animal abuse cases can take for animal protection. However, animals, each individual state and up to three years to get through the most of these areas have exhibited a territory has its own animal wel- court system. Such enforcement growing interest in increasing ani- fare legislation. Queensland in par- problems are evidence of the need mal protection programs and law ticular introduced a thorough and for improvement (M. Meredith, enforcement. If this trend contin- comprehensive animal protection executive director, National Council ues, countries within this region, act in 2000 (Queensland Animal of SPCAs, personal communication with the cooperation of their gov- Care and Protection Act 2001). with S.E., June 24, 2004). ernments, should be able to im- Animal protection organizations in The Caribbean enjoys a moderate prove and/or enforce their existing Australia have been lobbying for presence of animal protection animal protection legislation. some time and hope to pass a fed- groups, and most islands have ani- eral animal protection law. mal protection laws in place (Table 1). Yet, as stated earlier, where these Central and laws do exist, largely due to current South America South Africa and or prior British influence, they do In recent years concern for animal not necessarily reflect the priorities the Caribbean protection in Latin America has of the current governments. For been growing. Peru, Costa Rica, Islands example, the Bahamas, a former Colombia, and Brazil have federal South Africa and the Caribbean British colony, has an animal welfare animal welfare laws that specifical- Islands, along with Southern and act of British origin. Antigua and ly protect companion animals and Eastern Europe, comprise the sec- Barbuda, independent states within define animal cruelty. Costa Rica ond level of animal protection. Ani- the British Commonwealth, have and Peru have made humane edu- mal welfare laws are the norm, but animal-cruelty laws, but the penalty cation mandatory in the curricu- enforcing them is the biggest chal- for noncompliance is no more than lum for schoolchildren. Costa Rica lenge. The laws in South Africa and a fine. Anguilla, which is still a and La Paz, Bolivia, have outlawed the Caribbean, passed during for- British colony, has laws that prohib- circuses that use animals; Teguci- mer British rule, do not necessarily it animal cruelty and name the local galpa, Honduras, and La Paz have represent the concerns of current police as enforcers, yet there are no passed ordinances to ban dogfight- governments. Animal protection local government funds to support ing; and Mexico City has identified presence is high in most of the animal control or animal welfare. an enforcement squad that will areas’ regions, yet there is room for Several Caribbean countries have

International Animal Law, with a Concentration on Latin America, Asia, and Africa 67 work strictly on animal issues and mate a livestock industry has forced draft a federal animal welfare law. enforcing the federal district’s ani- the ministries of agriculture in sev- The veterinary school at the Nation- mal welfare law, and government eral countries (e.g., Argentina, al University of Mexico has begun a organizations are looking at stan- Brazil, and Chile) to evaluate their program to train inspectors on dards for the transport and sacri- livestock transport and handling implementing the animal welfare fice of livestock. Yet, several coun- practices, though they are not the law in the federal district. Although tries in the region have no animal first to do so (Appleby 2003). it seems much has been done, ani- welfare legislation and no current Tourism, the predominant eco- mals in Mexico do not live in health plans to develop any. nomic driver of many Central and and comfort. In Mexico City, in par- Creating and passing animal pro- South America countries, and a ticular, which has a population of tection legislation in Latin America potential economic engine for the around twenty million, the federal is dependent upon a series of vari- others, has caused some countries district has a lot of work to do, and ables, including economics, cul- to work on specific animal welfare one can only hope that the rest of ture, and religion. In each country problems. Tourists from countries the country will follow (F. Galindo, the state of the government can without large numbers of visible D.V.M., campaign officer, IFAW, per- determine the success of any type stray and street dogs, for example, sonal communication with J.F., July of law or regulation. Even countries can be strongly affected by the 29, 2004). that put forth the best effort will sights of malnourished, sick, or not succeed if corruption rules in uncared-for animals congregating Costa Rica the place of communication. The around their hotels and restau- Costa Rica has adopted an animal culture of animal ownership and rants when they travel. They com- welfare law that looks at issues what individuals see as being ani- plain to hotel and restaurant per- ranging from companion animals mals’ role in society are additional sonnel and carry the word back to to work animals and from animals variables that affect legislation. others once they return home. involved in sports and experimen- Human health issues have affect- Such bad publicity can generate a tation to wildlife. The law appears ed animal welfare incidentally in a response from countries looking to be fairly general, but its intro- positive manner around the world. for tourist business. duction explains that cruel acts Species from dogs to cows have against animals damage human benefited from increased attention Central America dignity, and it specifically states and advances in veterinary care as that its aim is to foster respect for a consequence of efforts made to Mexico all living things. It suggests ani- fight diseases that can be transmit- Mexico has no national animal wel- mals should have adequate food ted from animals to humans. With fare law, but “official norms” exist and water, should have the ability education campaigns that docu- that address issues of animals in to exhibit behaviors normal to the ment the effects of such zoonotic research and animal transport and species, and should be free from diseases, health departments in sacrifice. (Another, as of 2004, was pain and distress. the majority of Latin American soon to be released on mainte- Local and international animal countries, and international organ- nance and care.) In February of welfare organizations have done izations working in those coun- 2002, Mexico City passed an ani- much to add more detail to the law tries, are persuaded to support the mal protection law that put in and expand its scope. The World animal welfare movement. A clas- place regulations and criteria to Society for the Protection of Ani- sic example of this dynamic can be protect the lives of animals, ensure mals (WSPA), through its regional seen in the approach to rabies con- their respectful and dignified treat- office in Costa Rica, has been trol around the world. In many ment, and foster the participation behind a series of efforts to improve countries you can travel to the of the social and private sector in animal welfare in the country. A most remote areas and witness a complying with these regulations handful of very successful local rabies vaccination campaign that within the city’s federal district. organizations promotes this effort, benefits human and animal popula- In 2001 the International Fund dedicating its time and lending its tions alike. for Animal Welfare (IFAW) opened a expertise. These organizations enjoy Similarly, the emergence of regional office in Mexico City, where good working relationships with the bovine spongiform encephalopathy it has begun working fervently on government and are interacting suc- (so-called mad cow disease) has issues particular to Mexico. IFAW cessfully with the ministries of envi- acted as an economic driver for staff has been working with the ronment, health, and education improved animal welfare standards National Animal Health Council, a toward improved animal welfare in Latin America. The possibility consulting firm for the Ministry of standards (G. Huertas, regional that mad cow disease could deci- Agriculture, since 2002, helping to director, WSPA Latin America, per-

68 The State of the Animals III: 2005 sonal communication with J.F., June the welfare of companion animals to be presented in September 15, 2004). The ministry of educa- (Municipal Resolution No. 20, 2004 after governments had tion, for example, has included 1990). Panama has its own nation- changed (A. de Llorach, Fundacion humane education in the national al animal protection law, the Codi- Humanites, personal communica- curriculum, and the ministry of agri- go Administativo–Tratamiento de tion with S.E., October 22, 2004). culture is currently working on a Animales Domesticos, 1941, but transportation decree for livestock this law is not thorough, nor is it Honduras that is heavily focused on animal often enforced. A demonstrated knowledge of the welfare. (On a separate note, circus- Drafters of the ordinance used importance of protecting species is es using wild animals have recently an administrative code and a sani- crucial to any forward movement been outlawed in the country.) tary code to create this legislation. on animal protection issues. Hon- Costa Rica is greatly affected by Working animals dominate the duras has legislation protecting tourism and the tourist dollar. In ordinance, and strict guidelines animals of national significance, one area in particular, the street/ are presented. The ordinance pro- such as the white-tailed deer and stray dogs are called “tourist dogs” hibits excessive beating of work the scarlet macaw. Local Hon- because they survive on food dis- animals and prohibits such animals duran animal welfare organizations pensed by whatever tourist decides from carrying excessive weight. are in the process of drafting a pro- to “adopt” them that week. Mistreatment of animals for not posal for a law that would cover Despite Costa Rica’s high profile as working as quickly as their owners domestic animals. A struggle to a tourist destination, it is a strug- would like and abandonment of an get the proposal passed into law gle to bring the welfare of compan- animal no longer able to work are was anticipated as of 2004 as ion animals, as well as livestock, to prohibited as well. Animals should domestic animals are not consid- the attention of the majority of the not be made to work if they have a ered by many to be a priority population. Even though the coun- broken or dislocated bone. Each of species (K.J. Duarte, Asociacion try’s animal welfare law, Ley De these infractions is punishable by a Hondurena Protectora de los Ani- Bienestar De Los Animales, pro- modest fine. The ordinance also males y su Ambiente, personal vides a necessary foundation, its addresses bullfighting, only allow- communication with J.F., June 12, enforcement is practically nonex- ing it on festival days. Any police 2004). As a result of several dog istent. officer who fails to enforce this is attacks on children, the capital There are signs of hope, however. subject to a fine. When discussing city of Tegucigalpa outlawed dog- Travelers have expressed great con- domestic animals, the ordinance fighting in 2004. Although this cern for Costa Rica’s tourist dogs, pairs maintenance of dogs with action can be seen as advance- and, as a result, there is additional health issues and concerns. It does ment, when it is difficult to deter- pressure on the government to make clear, however, that anyone mine the capacity of the govern- strengthen the language of the ani- who mistreats a domestic animal, ment to work on such issues, any mal welfare law and its enforcement fails to provide sufficient food, or improvement is compromised by strategy. Local organizations show a allows an animal to suffer is sub- the lack of communication and constant willingness to be involved ject to a fine or ten to twenty days transparency surrounding it. and to push for stronger legislation in jail and that those who witness and improved enforcement (L. cruelty toward domestic animals South America Schnog, president, Asociacion are obligated to report it to the Humanitaria Para la Proteccion Ani- Panama City Humanitarian Office. Peru mal de Costa Rica, personal com- Although it may seem that ani- Peru benefits from the existence of munication with J.F., June 17, mal welfare issues are largely cov- a well-known animal welfare organi- 2004), and humane education pro- ered, enforcement of the ordi- zation that has worked well with the vides an essential component for nance is not widespread, and the government for several years. After future improvements. Such positive majority of the activities specifical- a series of successful animal pro- steps demonstrate a commitment ly prohibited in the document are grams in the capital, Lima, this to animal welfare and the desire to still allowed to occur daily. organization was able to demon- make the necessary changes to pre- Panama City’s mayor in 2004 strate to the government the bene- vent the unnecessary suffering of was very sympathetic to animal fits of animal welfare and the impor- animals in the region. welfare issues, and the local animal tance of having a law that outlined welfare organization was working animal welfare standards (R. Quin- Panama City, Panama on a draft proposal for a national tanilla, Amigos De Los Animales, The city of Panama has drafted a law that would outline animal wel- personal communication with J.F., municipal ordinance that looks at fare concerns in more detail. It was June 12, 2004; with S.E., November

International Animal Law, with a Concentration on Latin America, Asia, and Africa 69 22, 2004). The Law for Protection cesses, many animal welfare issues cles still must be dealt with. of Domestic and Captive Wild Ani- in the country are still waiting to Although Brazil is similar in size to mals (Law No. 27265, 2000) is com- be addressed. The law may be the United States, its road struc- prehensive, includes companion enforced at times in Lima, but ture is quite different, and dissem- animals and wildlife, and covers top- enforcement is virtually nonexist- ination of information and commu- ics from pet ownership to the role of ent outside the city borders. Com- nication is difficult. The diversity the authorities in animal protec- munication among officials is of the population also presents tion. Its goal is to prevent all mis- weak, and the push for enforce- obstacles, and belief systems with treatment of and acts of cruelty ment of law lies primarily with the regard to animals vary from village toward animals caused directly or animal welfare organization and to village. Although the laws may indirectly by humans. It also aims to not within the police department. have been present for a long time, foster respect for the lives of ani- There is little familiarity with the their enforcement has not. mals through education, to dissem- law throughout the rest of the Brazil, like Costa Rica and inate these ideals throughout the country, and few individuals are Colombia, benefits from a regional Peruvian population, and to lay willing or able to dedicate their WSPA office that has worked suc- down rules for pet owners, starting time to these issues. The streets cessfully in collaboration with local with the basics of providing ade- continue to be filled with stray dogs organizations on a variety of issues. quate food and water and proper liv- in poor condition; however, with The presence of well-organized lo- ing conditions. The role of the the inclusion of humane education cal animal welfare organizations authorities is defined in the law, in the curriculum for all of Peru has enabled many of the issues to which stipulates that police should that will reach children from each be brought to the forefront of the provide adequate support and that corner of the country, there is hope news, and many of these groups are government organizations, such as that the general welfare of animals working on municipal ordinances the ministry of health, should take in Peru will continue to improve. that will complement and strength- responsibility for a program that en the country’s laws (E. Mac Gre- would address the issue of overpop- Brazil gor, WSPA Brazil, personal commu- ulation. The document also add- Brazil has two laws that pertain nication with J.F., June 2, July 2, resses issues such as animal experi- directly to animal welfare issues. August 3, 2004). mentation and transportation of The first is a presidential decree circus animals. that prohibits animal cruelty, re- Chile The law puts a great deal of quires adequate care of animals, Chile has more than two dozen ani- emphasis on education and health and discusses punishment for non- mal protection organizations work- and the fact that those govern- compliance (Presidential Decree ing on issues ranging from marine ment organizations charged with 24.645, July 10, 1934, President mammals to stray dogs. Some addressing public health and edu- Getulio Vergas). The law provides an groups are working toward banning cation should take responsibility extensive list of what is to be consid- animal experimentation; others are for animal welfare concerns within ered as cruelty to animals and even concerned with the plight of work- the scope of their focus. Since pas- includes a section on transport of horses. Despite the overwhelming sage of this law, these government animals and transport vehicle con- presence of animal welfare groups, agencies have done just that. In ditions. The second law (Federal the country has no national animal partnership with the police force, Law 9.605/98—Art. 32. Environ- welfare law. A coalition has been the local animal protection organi- mental Crimes Law, 1998) states working unsuccessfully for over ten zation has been able to investigate that anyone who abuses or mis- years to get a particular piece of a number of cruelty cases and seek treats, wounds or mutilates a wild, legislation passed (C. Sprohnle, prosecution (R. Quintanilla, per- domesticated, or domestic animal, Agrupacion Cultural Amor a los sonal communication with J.F., whether native or exotic, will incur Animales, personal communication June 12, 2004). Perhaps the law’s a punishment of three months to with J.F., May 10, May 11, July 20, most notable success is the fact one year in jail and a fine. 2004). The proposed law has gone that the ministry of education has It is fair to say that the early pas- through several changes to accom- included humane education in the sage of an animal welfare decree modate various concerns but, as of curriculum of schoolchildren. It was due in large part to influence 2004, without success. It looks must be noted, however, that polit- from citizens around the world much like the animal protection ical instability over the years has who had settled in Brazil. Despite laws in local regions of the country: slowed the progress of improved the fact that animal welfare has it covers domestic animals and animal welfare standards. been on the books in that country wildlife, includes animal experi- Although there have been suc- for a number of years, many obsta- mentation, and aims to establish

70 The State of the Animals III: 2005 norms to understand, protect, and is still the challenge of getting a comprehensive list of acts against respect animals as living beings and law actually on the books and a animals deemed to be cruel. as part of nature with the goal of commitment to enforcing that law. Colombia and the organizations providing them with adequate care working on animal welfare issues and avoiding suffering. Colombia have made great strides and The law also aims to include Despite the sometimes volatile achieved some successes. There is humane education in the national political situation in Colombia, still a long road ahead, but these curriculum and provides general there is no evidence that politics groups have the benefit of having guidelines for the care of compan- has impaired efforts to increase worked on these issues for several ion animals. It outlines punishment the country’s animal welfare stan- years and have seen what has worked in terms of fines to be paid or pub- dards. An animal welfare law was and what has not, which will help lic service. The great challenge has passed a little over a decade ago. them determine the next steps. been to identify someone within The effort was led by a veterinarian the government to sponsor the leg- and backed by several local animal Asia: Japan islation and work for its passage. protection organizations. As in Unlike other countries in its Concerns have been raised that Costa Rica, Colombia enjoys the region, Japan enjoys a mid- to high once there is an animal welfare presence of a regional WSPA office level of animal protection presence, law, there will be problems with its that is able to lend support and act with legislation to support the enforcement. In most countries, as resource for information for efforts. However, the legislation is police salaries are low, and the local groups working to effect not always enforced consistently. incentives to receive new informa- change. This does not discredit the There is extensive animal welfare tion and incorporate new practices efforts of and impact that many legislation, amended in 1999, into the daily job are not there. well-organized and well-run local addressing the proper treatment animal welfare organizations have and care of companion animals. Bolivia had on their own. Instead it com- The law requires owners to care for Once considered to have the lowest plements their efforts. their animals “in a proper manner” level of awareness of animal welfare When the Colombian law was and recommends spay/neuter as issues, Bolivia in 2003–2004 alone passed, the government required an answer to overpopulation. prohibited dogfighting and circuses that bullfighting and cockfighting The Law for the Humane Treat- that use wild animals in the city of be omitted from the text. Local ment of Animals mandates the La Paz. Both efforts were led by the organizations have been working establishment of an Animal Welfare local animal welfare organization to negotiate prohibitions against Council and requires the govern- that has worked with the govern- these activities. The effort is to ment and local public bodies to ment on several programs over the include dogfighting, increase make an effort to educate the peo- past years (S. Carpio, Animales fines, and make cruelty toward ple on the concept of animal wel- SOS, personal communication with animals a felony. There have been fare. To popularize animal welfare, J.F., July 2, 2004). As of 2004 problems with enforcement of the the legislature designates a “Be Bolivia had no national animal wel- law, and police officers are reluc- Kind to Animals Week.” The law fare legislation, but with the pas- tant to charge people with animal also specifically states the punish- sage of the two municipal ordi- cruelty (C. Ochoa, Vidanimal, per- ment for several levels of abuse, all nances mentioned above, it was sonal communication with J.F., of which involve a fine but no clear that animal welfare was start- July 29, 2004.) imprisonment. It also provides sug- ing to capture the attention of gov- As it stands, the law states that gestions for promoters of animal ernment officials. The instability of animals in the national territory welfare; advising them of effective Bolivia’s government has made it have protection against suffering ways to spread their message (Law difficult in the past to work on such and pain caused directly or indi- for the Humane Treatment and issues, but, it is interesting to note, rectly by humans. The law, which Management of Animals—Law No. in 2004, when political instability covers companion animals, 105, October 1973, revised Decem- was at a high, this was clearly not wildlife, and work animals, seeks to ber 2000). The law itself is quite the case. The key to these huge prevent pain and suffering, pro- thorough; the problem is that law gains in animal welfare was the mote health and well-being, ensure without enforcement is ineffective. work of the local animal welfare good hygiene and appropriate con- Little consideration is given to organization and of several govern- ditions, eradicate animal cruelty, the treatment of farm animals. A ment officials concerned with the and develop an educational pro- related livestock ordinance, The issue. Although these are positive gram, among others. The law also Guidelines for Rearing Industrial outcomes for animal welfare, there sets fines for cruelty and provides a Animals, makes recommendations

International Animal Law, with a Concentration on Latin America, Asia, and Africa 71 for hygiene and prevention of ani- In many Asian countries, partic- (Korean Animal Protection Law, mal abuse, yet does not specify any ularly Korea, China, Vietnam, and May 7, 1991). Despite this exclu- penalty for abusers. Livestock ani- the Philippines, the inhumane sion, eating dog still occurs. mals could be considered as cov- slaughter of dogs and cats for the Although keeping dogs as pets has ered under the Law for Humane purpose of human consumption is become popular, many Koreans Treatment of Animals Article 8, a common practice despite laws also see a distinction between dogs which addresses businesses dealing against it. bred as pets and those who are tra- with animals; defines an animal as ditionally bred for consumption. a mammal, bird, or reptile; but Korea An amendment to the 1991 law, says specifically that it does not Although Korea adopted the Kore- which was to be submitted to the include animals on livestock farms an Animal Protection Law, which Korean Parliament in July 2004, (Kishida and Macer 2003). In Arti- should protect dogs and cats from would make a distinction between cle 27, which describes penalties cruelty, in 1991, this law is not dogs bred as pets and all others. for abuse, several livestock animals often enforced. While it is not an The government explained that, by are included (Law for the Humane everyday practice, many Koreans amending the law, it hoped to fur- Treatment and Management of feel that eating dog/cat meat is a ther protect pets and change the Animals—Law No. 105, October part of their culture and has many negative perception of foreigners 1973, revised December 2000). So health benefits. Some feel that giv- regarding animal abuse in Korea. the law does protect livestock ani- ing up this tradition would be con- The proposed amendment includ- mals from clear abuse but does not forming to Westernization. Others ed rules regarding vaccination and address humane living conditions feel that this is a practice that identification of pets and the man- or humane slaughter (Kishida and began after the Korean War during agement of stray animals and shel- Macer 2003). a period of widespread starvation. tering facilities. The amendment Despite its advanced law, Japan Eating of dog meat grew in preva- also specified acts of animal abuse could use stricter livestock laws and lence during reconstruction largely to improve the efficiency of the increased enforcement of the com- due to the claims, made by some, Animal Protection Law. While the panion animal law, although it does that dog meat had extensive health amendment could provide further show interest in this improvement. benefits (Korean Animal Protection legal protection for pets, some are Society 2001). Yet the problems lie concerned that distinguishing not in the actual consumption of between pets and other dogs would Asia and Africa dog meat but in the cruel manner classify non-pet dogs, by default, as (excluding Japan in which the dogs are kept and livestock and thereby legalize their slaughtered. The Korean Animal consumption (Korean Animal Pro- and South Africa) Protection Law states that its pur- tection Society 2004). pose is to prevent the mistreat- Asia ment of animals and to encourage Philippines Asia and Africa, along with most of respect for animals (Korean Animal Animals in the Philippines have a the member countries of the for- Protection Law, May 7, 1991). This similar problem: they are protect- mer Soviet Union, experience the law states that no one may kill an ed by legislation without enforce- lowest levels of animal protection. animal in a cruel manner nor may ment. A general Philippine law Most countries in these regions do he or she inflict unnecessary pain relating to animals, Republic Act not have any animal protection upon an animal. Despite these pro- 8485, or Animal Welfare Act of laws, and those that do have visions, dogs and cats are often 1998, lists the species considered extreme problems with enforce- killed purposefully in an inhumane as livestock. It does not include ment. In Asia, problems tend to manner because some believe that dogs, although it does mention stem from lack of provision for the fear and suffering experienced dogs under “pet animals,” which stray animals, lack of protection by the animal enhances the quality means that dogs cannot be eaten for wild and captive animals, and of the meat. legally. The Metro Manila area has minimal awareness of animal wel- A related Korean livestock ordi- specific legislation banning the fare as a concept. The biggest nance makes a distinction between killing, serving, or eating of dogs obstacles in African countries are livestock animals and pets. It (Republic Act No. 8485: The Ani- financial and cultural. In many of specifically names animals that are mal Welfare Act of 1998). these countries there is little con- considered as livestock, and except The Philippine Animal Welfare cern for the animals, because so for a three-year period (1975 Act prohibits the torture of ani- many of the people are struggling –1978), dogs have not been includ- mals and/or their killing in an for survival. ed in the list of livestock animals unnecessarily inhumane manner. It

72 The State of the Animals III: 2005 also prohibits those who operate a local government officials respond- into consideration the shelter, pet store, zoo, or veterinary hospi- ed by saying that any abandoned lighting, temperature, and ventila- tal from owning slaughterhouses. animals or animals exhibiting signs tion involved in the transport (Ani- Facilities supporting a pet store, of illness would be put to death. mal Protection Law; Stray Dog zoo, or veterinary hospital must Some people fearing that their ani- Control in the Republic of China display on the premises a sign stat- mals would face a cruel death took on Taiwan, November 4, 1998). ing that they have established their pets to be euthanized, in- Under this law, animals are cate- clean and sanitary conditions for stead. Fortunately, not all veteri- gorized as pets, economic, scientif- the animals and would not cause narians would euthanize pets ic, or feeder animals. Animals in them pain and/or suffering. based on the public fear of SARS, the pet category may not be killed It an attempt to regulate enforce- and many disagreed with euthana- at will. There are also regulations ment, the law mandates the creation sia as a way of ensuring pet safety concerning the treatment of exper- of a Committee on Animal Welfare, (Epstein 2003). imental and scientific animals. The which should be in charge of imple- Further evidence of interest in number of animals involved and menting and enforcing the Act. animal welfare comes from the the pain and distress incurred in Chinese public’s rejection of bull- animal experimentation must be China fighting. When Beijing’s Wildlife kept to a minimum. While law enforcement can be a Park began building a bullfighting The Taiwan Animal Protection problem in many Asian countries, stadium in hopes of increasing Law also calls for counties and/or in mainland China there is no tourism, the public outcry was so municipalities to set up animal domestic animal protection law to great that officials decided to drop shelters to house stray and unwant- enforce. Although a draft Animal the idea entirely. Protests came ed animals. As a result, several ani- Welfare Act was being considered not just from animal rights groups mal shelters have been built in May 2004, Beijing inexplicably but from the community as well. throughout the country; however, withdrew the proposal. This law The outcry represents the Chinese the lack of an overall animal con- would have banned organized ani- people’s increased interest in ani- trol program means these shelters mal fighting and mandated hu- mal protection (Trent 2004b). As are less than efficient. Despite the mane slaughter of livestock (ABC the Chinese are exposed to infor- law, stray dogs remain a huge prob- Radio Australia News 2004). The mational resources now more than lem in Taiwan. legislation would have been a time- ever before, often via the Internet, ly protection for animals in China people are engaging in grass-roots Russia because the export of animals is actions on a number of issues, one While the lack of law enforcement increasing, as is the domestic of these being animal welfare. has been a problem for some parts demand for milk and dairy prod- Unfortunately the increased inter- of Asia, in Russia the law itself is ucts. China already has laws pro- est in animal welfare has not been the problem. In 1998 Russia tecting wildlife and exotic animals, reflected through legislation in banned veterinarians from using but this would have been the first mainland China. ketamine to sedate animals, mak- law to protect domestic and farm ing it nearly impossible for them to animals. The nonexistence of do- Taiwan perform surgeries without inflict- mestic animal welfare legislation In contrast to mainland China, Tai- ing pain. For years, Russian veteri- makes China a paradox, because wan has comprehensive animal narians used ketamine legally, and the people of China seem to want protection legislation. The Taiwan without any interference. Yet in more advanced animal protection. Animal Protection Law, which pro- 1998 the Ministry of Agriculture Despite steep government license hibits the mistreatment of animals undertook a sweeping review of fees, keeping dogs and cats as pets in detail, outlaws animal fights, drugs permitted for use in veteri- in China is becoming more and human-animal fighting, or animal nary medicine. Ketamine didn’t more popular, especially in metro- fighting as entertainment and pro- make the cut, due only to an over- politan areas such as Beijing. Yet hibits gambling on any animal- sight (Trent 2004c). the 2003 Severe Acute Respiratory related sport, including racing. After much protest Russia lifted System (SARS)] outbreak was a Abandonment of animals is prohib- the ban in 2004. Though this setback for pets in China (Lev ited, and the law specifies that ani- seems to be a step in the right di- 2003). Confusion over how the mals must be provided with a rection, the government still virus was spread led to rumors that healthy living environment and sit- makes it impossible for veterinari- dogs and cats could spread SARS. uation. Provisions for transport of ans to gain access to ketamine by Out of fear many people aban- animals is also discussed in detail, requiring them to obtain a license doned or killed their pets. Some mandating such transport take for the drug and then refusing to

International Animal Law, with a Concentration on Latin America, Asia, and Africa 73 grant them one. Veterinarians who colony, India has in place extensive proper transport, breeding, and have attempted to access ketamine legislation at the federal and state housing of these types of animals. without a license have been arrest- levels. The main federal law (The Each state has equally strict laws ed and fined (Trent 2004c). Prevention of Cruelty to Animals that range from governing particu- Act of 1960) includes an array of lar species, such as the Assam Rhi- India provisions governing the treatment noceros Preservation Act 1954, to India serves as a good example of a of nearly every category of ani- covering large groupings of ani- country with strong animal protec- mal—domestic, farm, wild, captive, mals, such as the Rajasthan Ani- tion laws. As a former British or other. The law’s provisions cover mals and Birds Sacrifice (Prohibi- tion) Act 1975. Still in existence today is an Ani- mal Welfare Board of India, a legally constituted body created under the 1960 act that oversees the federal law. In addition, the Indian constitution states, It shall be the duty of every citizen of India to protect and improve the natural environment including forest, lakes, rivers, and wildlife, and to have compassion for living creatures. (Constitution of India, Article 51-A 1950, last amended 2002) However impressive this body of legislation is, it is largely ignored. As India has an immense human population, many of whose members live in extreme poverty, animal protection goes unnoticed, and the laws are rarely enforced. Africa The situation for animals in Africa is similar to that in Asia, except that African countries have passed even less animal protection legislation. There is little animal protection activity in any African country, except South Africa. Though most countries have wildlife protection acts, the majority of them have no federal protection laws for companion or domestic animals; if they do have legislation, enforcement is a problem. There are few animal protection groups, and even in areas where they work, their visibility and influence is limited. Uganda and Botswana Uganda has been working over the last few years on revising its 1958 Animals Act. The government is gathering information regarding

74 The State of the Animals III: 2005 the improvements needed and has asked the Uganda SPCA for its input several times. Botswana, too, is looking to revise its animal laws. The Parliament of Botswana is considering a revised version of the 1977 Cruelty to Animals Law. A proposal written by a British Consul in 1999 would update the 1977 law. The proposal is much longer and more thorough than the original, but no decision has been made yet about whether this revised version will be passed (K. Menczer, Uganda SPCA, personal communication with S.E., June 14, 2004). Kenya Kenya also has a law protecting domestic animals, known as CAP 360 (Prevention of Cruelty to Ani- mals, CAP 360, 1983) and based on the U.K. Animal Protection Act. This law is often difficult to enforce, KSPCA, which polices this act, tions joined forces to establish an despite the efforts of the many ani- repairs and supplies ammunition Egyptian Federation for Animal mal protection organizations in for the captive bolt stunners used Welfare and are working on devel- Kenya. Lack of enforcement is often in the slaughterhouses. It also does oping a draft of animal welfare leg- due to police and prosecutors’ igno- periodic spot-checking to ensure islation for Egypt. This group is rance of the law. Getting animal the law is being enforced (A. Kahn, striving to address many different abuse cases through the court is executive officer, Kenya SPCA, per- animal protection issues, but its often a very slow process, and penal- sonal communication with S.E., main focus is on combating the ties are minimal. Kenya has an Ani- June 17, 2004). existing barbaric methods of live- mal Transportation Act that is (Other countries, such as Ugan- stock slaughter and of companion policed by the Kenya SPCA da and Egypt are addressing the animal population control. It is (KSPCA), with branches in Nairobi livestock issue. Several humane also actively developing a website and Mombassa. This law tends to be organizations have emerged re- that would promote sharing of difficult to enforce due to the size of cently in Uganda and are working information and resources for the country (K. Menczer, personal toward the development of a rela- newly emerging animal protection communication with S.E., July 14, tionship with Islamic elders to groups in the Middle East and 2004). A common infraction of this introduce a pre-stun concept in North Africa.) law is the shipment of camels from the slaughtering process that Arab states to Kenya. Often the could fall within Islamic religious Zimbabwe camels are not provided with ade- parameters. Currently, the halal In Zimbabwe, enforcement of ani- quate food and water for their long method of slaughter does not pro- mal protection laws is nearly journey. Thirst and hunger lead vide for desensitizing or pre-stun- impossible due to civil and political camels to stampede, causing many ning of animals. One of the unrest. Although Zimbabwe has injuries. More recently, the KSPCA authors [N.W.T.] reports that these extensive protection legislation, has been able to work with the ship- humane organizations hope that, the concept of animal welfare no pers to ensure proper care for the by working together, they will be longer carries the weight it once camels, and the camel shippers have able to harmonize religious and did. It is a classic example of a shown greater willingness to abide cultural practices with humane regional paradox; because of the by the Animal Transportation Act. considerations. There had been lit- country’s history as a former Brit- Kenya has a relatively effective tle animal protection structure in ish colony, logic would lead to the humane slaughter act, which re- Egypt, but there has been an enor- conclusion that it would exhibit the quires that all food chain animals mous growth in the past several first or second level of animal pro- be stunned before slaughter. The years. In 2004 several organiza- tection. It does indeed have animal

International Animal Law, with a Concentration on Latin America, Asia, and Africa 75 legislation, underpinned by British SPCA is doing what it can to protect neuter their animals, which leads to law, that was heavily enforced until the animals, but even with the sup- an overpopulation problem. political strife shifted political pri- port of the Zimbabwean police, it Another obstacle to improve- orities. Recent civil unrest clearly faces suspicion and obstinacy from ments for animals is the conflict has had a negative impact on ani- the Zimbabwean militia. Animals between land conservation and the mal welfare in Zimbabwe. Many have been abused and tortured to human need for land. Because of people have lost their land and illustrate political philosophies. the high rate of poverty and deple- their homes as part of a political Though the fate of animals was once tion of natural resources, indige- decision to seize and redistribute a high priority to Zimbabwe, and nous peoples feel they should be lands. Because the lands are taken would most likely be again when the able to use the land and the wildlife violently, people often have fled country regains stability, it will sure- for their own survival and suste- their homes and left behind their ly take many years to regain the high nance. This is especially the case animals. The abandoned animals, standard of animal protection the with tribes that have traditionally which include pet and farm ani- country once enjoyed. used animals as a food source. Most mals, face starvation, chaos, and, There have been some improve- African countries have laws that often, abuse. Because private re- ments in conditions for animals in prohibit hunting and sale of serves have been seized as well, Africa, and several countries are wildlife, but these often are disre- wildlife has been left susceptible to looking into updating their laws. garded to feed families and some- poachers (Collier 2004). However, for the laws and protection times to gain income from illegal The high rate of poverty and for animals to increase, there needs trade. The laws are difficult to unemployment in Zimbabwe, add- to be a change in the public view of enforce and are usually not a prior- ed to the political instability, has animals. At present, dogs usually are ity among other issues in Africa. caused deplorable living condi- kept for guarding purposes rather tions for humans. When people are than as pets and are seen as dispos- struggling for survival, they cannot able. Many people have had no edu- Conclusion feasibly care for the animals. Also, cation on the proper care for an ani- The state of animal protection in because of the depletion of natural mal and think that dogs can find Latin America, Asia, and Africa resources, wildlife has become a food and water on their own. It is depends on each country’s eco- viable source of food. The Zimbabwe also unusual for people to spay or nomic status, combined with the

76 The State of the Animals III: 2005 cultural and sociopolitical issues law. http://www.koreananimals. unique to each. In regions where Literature Cited org/dogs.htm. animal protection traditionally has ABC Radio Australia News. 2004. Lev, M.A. 2003. SARS rumors not been a concern, such as is typi- Beijing rejects animal welfare doom dogs in China. Chicago cally the case in parts of Africa and laws (19:14:15). May 17. Tribune, May 7. http://www. Asia, there is a long way to go. For http://www.abc.net.au/ra/new homeagainid.com/news/article. the most part, African legislation stories/RANewsStories_110993 cfm?storyid=9197. regarding domestic animals is rare, 1.htm. Trent, N. 2004a. Caribbean animal and when it does exist, it is rarely Abend, L., and G. Fingree. 2004. laws: Overview, what works and enforced. Asian animal protection Abandoned pets find haven. what doesn’t. PowerPoint presen- legislation exists at about the same Christian Science Monitor. June tation, May 23. level as in Africa, though a few 23: http://www.csmonitor.com/ ————. 2004b. No bull: Barcelona more countries do have laws in 2004/0623/p15s02-woeu.html. condemns bullfighting as the place. Challenges to enforcement Appleby, M.C. 2003. Farm disease blood sport loses favor. tend to be cultural rather than eco- crises in the United Kingdom: http://www.hsus.org/ace/21160. nomic. South Africa and the Lessons to be learned. In The ————. 2004c. Russia’s crack- Caribbean, which have the highest State of the Animals II: 2003, ed. down on ketamine smacks of a presence of animal protection of D.J. Salem and A.N. Rowan, more repressive era. http:// regions under review, still have 149–157. Washington, D.C.: www.hsus.org/ace/21425. problems with enforcement. Cen- Humane Society Press. tral and South America and Japan Associated Press. 2004. Austria fall at about the mid-level in regard puts bite on cruelty. The Dallas to animal welfare presence, but Morning News, May 28: 28A. they have demonstrated interest in Collier, P. 2004. Zimbabwe animals improving and enforcing their laws. rescued after farmers flee. Ani- The increased presence of animal News Center (ANC), Janu- mal welfare organizations in all of ary 31. http://www.buzzle.com/ these regions is the first step in editorials/text1-31-2004-50049. raising awareness (Figures 1–4). asp. Human health issues and tourist Epstein, G. 2003. Amid SARS epi- reactions are key drivers in demic, China panics over pets. improvements in animal welfare, in The Baltimore Sun, May 6. passing animal welfare legislature, http://www.animalschina.org/ and in making animal welfare an english/news/2_news_05.htm. important government issue. To Irwin, P.G. 2003. A strategic review achieve model animal protection, of international animal protec- the countries of Latin America, tion. In The state of the animals Africa, and Asia must overcome II: 2003, ed. D.J. Salem and A.N. the political and cultural obstacles Rowan, 1–8. Washington, D.C.: unique to their regions that pre- Humane Society Press. vent animal protection from Kishida, S., and D. Macer. 2003. becoming a priority. Peoples’ views on farm animal welfare in Japan. In Asian bio- ethics in the twenty-first century, Note 1It should be noted that the mere existence of ed. S. Song, Y. Koo, and D.R.J. law does not translate into enforcement of the Macer. Eubios Ethics Institute. law: Japan, a relatively wealthy country, has http://www.biol.tsukuba.ac.jp/ legislation but lacks enforcement, thus its level of animal protection falls well below ~macer/ABC4.htm. those of other countries with similar level of Korean Animal Protection Society. economic development, such as the United 2001. Animal issues: The treat- States, the United Kingdom, and Australia. ment of dogs in Korea. http://www.koreananimals.org/ dogs.htm. ————. 2004. Animal protection law: Korean animal protection

International Animal Law, with a Concentration on Latin America, Asia, and Africa 77 Progress in Animal Legislation: Measurement 7CHAPTER and Assessment

Andrew N. Rowan and Beth Rosen

Introduction ritish philosopher John Stu- about fifteen years, until 1990) islation leading to greater legal art Mill once said: “All great (Herzog 1995). In stages five and protection for animals. However, Bmovements experience three six, some movement followers some eras have led to the passage stages: Ridicule. Discussion. Adop- enter the dead-end phase five. of more laws than have other eras. tion.” (in Wiebers, Gillan, and These followers perceive the lack of From 1900 to 1950, only one feder- Wiebers 2000, 169). As movements major legislative change emanating al law addressing animals was reach the level of adoption into from the media attention as a fail- passed, although individual states mainstream society, they acquire a ure and either burn out or develop did pass or amend animal protec- certain level of legitimacy, often much more aggressive techniques. tion laws during this period. Table 1 reinforced through the passage of Stage six is peopled by those follow- lists the federal laws passed and legislation that validates the funda- ers and organizations that take amended that deal with animal pro- mental principles they promote. advantage of the media attention tection, demonstrating the consid- Contemporary theorist Bill Moyer’s to get at least some of the issues erable success and increase in (1987) conceptualization of a social onto the public agenda, leading to political influence that the animal movement’s evolution adds greater some concrete achievements. Ulti- movement has enjoyed in the sec- complexity to Mill’s assertion. mately Moyer defines social move- ond half of the twentieth century. Moyer asserts that a social movements as “collective actions in Federal law is only one dimen- ment has eight stages, which oper- which the populace is alerted, edu- sion of the movement’s legislative ate cyclically (although the various cated, and mobilized, over the reform, however. Its political influ- goals within the movement may be years and decades, to challenge the ence has reached not only Con- at different stages at any one time). power holders and the whole socie- gress but also state legislatures, The first three stages cover the ty to redress social problems or which are also much more active in early organization and recruitment grievances and restore critical addressing animal issues. One of of adherents. The movement then social values” (Moyer 1987, 3). the more significant accomplish- typically gains momentum from a The animal protection movements for the animal protection “trigger event”—one that brings ment has historically relied on leg- movement has been the passage public awareness to a social prob- islation as a key element to pro- over the last two decades of felony- lem—that pushes the movement mote and enact its reform agenda. level animal-cruelty statutes that into stage four. In this stage, the Moyer’s model helps to place and permit certain abuses against ani- media “discovers” the movement, analyze when, why, and how the mals to be prosecuted as felonies and the wider public begins to movement (or parts of it) gets its rather than as misdemeanors, as in attend to the movement’s issues. issues onto the public agenda. Over the past. Nine states passed felony This is a relatively short phase (for the years, animal organizations animal-cruelty laws between 1994 the modern phase of the animal have committed significant effort and 1997 (Table 2) and the pace protection movement, it lasted for and resources to the passage of leg- accelerated between 1998 and

79 Even with the greater momen- Table 1 tum in the states to enact state Federal Legislative Summary, felony anti-cruelty legislation, other legislative initiatives were not 1958–2003 successful. The animal protection Year Federal Legislation Passed/Amended movement began to adopt a new tactic, the citizen-initiative (“direct 1958 Humane Slaughter Act democracy”) process, in the twenty 1959 Wild Horses Act or so states that allowed such petitions. Between 1990 and 2002, 1962 Bald and Golden Eagle Act twenty animal protection initiatives 1966 Endangered Species Act were passed, and six anti-animal Laboratory Animal Welfare Act measures were defeated. Overall, thirty-nine initiatives that affected 1970 Animal Welfare Act (amendments to Laboratory Animal Welfare Act) animal protection were introduced during the period and, in twenty-six 1971 Wild Free-Roaming Horse and Burro Act cases, the result was a win for ani- 1972 Marine Mammal Protection Act mal protection. However, passage of new legisla- 1973 Endangered Species Act amendments tion does not necessarily provide CITES satisfactory protections for ani- 1976 Animal Welfare Act amendments mals. The new legislation must be Horse Protection Act supported by adequate funding and Fur Seal Act effective enforcement. Little if any 1978 Humane Slaughter Act amendments legislation is perfect, and usually continuing efforts to improve a 1985 Animal Welfare Act amendments (focus on alternatives statute will be needed. and pain and distress) As the animal movement has PHS Policy on animals in research revised gained more political authority 1990 Animal Welfare Act amendments and public acceptance, it needs better ways to assess and follow its 1992 Wild Bird Conservation Act progress—or lack thereof—to- 1993 International Dolphin Conservation Act wards its goals. In this era, in Driftnet Fishery Conservation Act which nonprofits and funding NIH Revitalization [Reauthorization] Act mandates development agencies are demanding better of research methods using no animals measures of effectiveness, the ani- 1995 USDA ends face branding mal movement needs to examine how it looks at the progress it is 1999 Ban on the interstate shipment of “crush videos” (or is not) making in gaining bet- 2000 Chimpanzee Health Improvement, Maintenance, ter legal protection for animals. and Protection Act

2002 Dog and Cat Protection Act Interagency Coordinating Committee on the Validation of Federal Alternative Methods (ICCVAM) Authorization Act Safe Air Travel for Animals Act Legislation Ban on interstate transportation of birds and dogs for fighting Between 1958 and 1972 three purposes major pieces of federal animal protection legislation were passed, 2003 Captive Exotic Animal Protection Act the Humane Slaughter Act Source: Unti and Rowan 2001, 34–37; HSUS 2004. (1958), the Animal Welfare Act (1966), and the Marine Mammal Protection Act (1972). These 2001, as an additional sixteen their books, and Nebraska, Mon- serve as the basis for the following states adopted felony legislation. tana, Connecticut, Texas, Nevada, analysis. Given that before 1958, As of 2003 forty-one states and the Virginia, and Colorado had upgrad- the last federal animal protection District of Columbia had felony ed their original felony animal- legislation that had passed was in level animal-cruelty statutes on cruelty laws.

80 The State of the Animals III: 2005 1906, these three legislative victo- points of tension in the internal tered humanely, usually by render- ries, plus the other legislation list- AHA schism concerned the pre- ing these animals “insensible to ed in Table 1, demonstrate the rise slaughter handling and slaughter of pain by a single blow or gunshot or of the animal movement from animals used for food. Therefore, it an electrical, chemical, or other political oblivion in the first half of is not surprising that the first means that is rapid and effective, the twentieth century to a position national campaign that the newly before being shackled, hoisted, where lawmakers would listen if formed HSUS launched focused on thrown, cast, or cut” (7 U.S.C.A. the context and the proposal were that issue. During 1955 and 1956, §1902). One loophole in the law timely and supported by the socie- The HSUS diverted every available permitted the armed forces to pur- tal and political mood. (The dollar from its budget into the chase meat that did not have to be Endangered Species Act was also drive for slaughterhouse reform certified as humanely slaughtered passed during this period and was and generated widespread publici- supported by many animal protec- ty on the issue. Myers lined up sig- tion organizations, but it is not nificant sources of public support Table 2 strictly animal protection legisla- for the HSA and testified on its tion, that is, it does not seek to behalf in 1958, the year in which it States with prevent or prohibit animal distress passed (Unti 2004). Felony-Level or suffering caused by the human Myers took great encouragement Anti-Cruelty use of animals.) from the fact that, between 1954 The Humane Slaughter Act and 1958, the animal protection Statutes (HSA) established a very basic movement had united to achieve humane standard of care for farm passage of a federal humane Year State(s) animals during slaughter (namely, slaughter law that would spare Enacted that they should be made insensi- approximately 100 million animals ble to pain). The Animal Welfare a year from pain and suffering. It 1986 Wisc. Act mandates humane standards was also a vindication of the vision 1987 for the handling, treatment, and that had driven the formation of transportation of “any warm blood- The HSUS, namely, the idea “that 1988 Calif. ed animal used for research, test- hundreds of local societies could 1989 Fla. ing, experimentation, or exhibition lift their eyes from local problems purposes,” although farm animals to a great national cruelty” (Unti 1990 used in food production and birds, 2004, 6). Passage of the HSA repre- 1991 mice, and rats used in research are sented the first time since enact- excluded from its coverage. The ment of the 28-Hour Law (regulat- 1992 Neb. Marine Mammal Protection Act ing how long livestock could be 1993 Mont. imposes a moratorium on “harass- transported without being given a ing, hunting, capturing, or killing food and water rest) more than fifty 1994 Del., Mo., N.H., Wash. all marine mammals” (Animal Wel- years earlier that the federal gov- fare Institute 1990, 190). ernment had agreed to address an 1995 La., Ore., Pa. animal welfare issue. By and large, 1996 Conn. Humane Methods animal protection in the 1950s was of Slaughter Act: perceived to be the domain of the 1997 Tex. An Assessment state legislatures (e.g., anti-cruelty 1998 Ind., N.C., Vt. and related legislation). In the early days of The Humane The HSA required slaughter 1999 Ariz., Ill., Nev., N.Y., Va. Society of the United States plants selling meat to the U.S. gov- (HSUS), after its split from the ernment (roughly 80 percent of all 2000 Ala., Ga., Iowa, S.C. American Humane Association U.S. meatpacking plants) to abide (AHA) in 1954, Fred Myers, HSUS 2001 D.C., Md., Minn., N.J., by humane methods of slaughter Tenn. president, was determined to set by the federal government. The instill a broader vision of the U.S. government was the largest 2002 Colo., Ohio, Me. importance of nationally organized purchaser of meat, buying $300 2003 Ky., W.V., Wy. initiatives and to lead local organi- million worth annually (Unti 2004, zations in setting their sights on 45). According to the law, cattle, achieving larger strategic objec- Source: www.hsus.org: Legislation and sheep, swine, goats, horses, mules, Laws—Citizen Lobbyist Center. tives (HSUS 1956). One of the and other equines must be slaugh-

Progress in Animal Legislation: Measurement and Assessment 81 sors who sign on in each Congress. Figure 1 Figure 1 illustrates the steady in- Percentage of Members of Congress crease in the proportion of members of Congress who have co- Co-sponsoring the Downed Animal sponsored the Downed Animal Protection Bill (102nd–107th Congress) Protection Act, showing how support for the legislation has risen over time. While this increase may be a measure of the effectiveness and impact of lobbying by animal activists, other forces are at work as well. In The Washington Post Warrick (2001) exposed the abusive violations of the HMSA in various slaughter facilities, describing in detail how cattle remained alive throughout the slaughter process. Source: HSUS (1994–2004). Relying on the accounts of slaughter facility workers, inspectors, as long as the purchased amount tion concern well before 2002. and technicians, Warrick also de- did not exceed $2,500. While it is Since the 102nd Congress in 1994, scribed how such facilities were unclear exactly how much meat animal protection groups had lob- allowed to continue to operate fell into this category, “a consider- bied for passage of the Downed Ani- despite being cited for numerous able portion of that volume [was] mal Protection Act, which would violations of the HMSA. understood to be acquired in lots end the slaughter of downed ani- The Washington Post article of $2,500 or less”(Animal Welfare mals for human consumption. The prompted Sen. Robert Byrd (D-WV) Institute 1990, 55). bill requires that any downed ani- to deliver a speech on July 9, 2001, Under the concerted efforts of mal be euthanized before it reach- in the U.S. Senate asking for Sen. Robert Dole (R-KS) and Rep. es the slaughterhouse. A decade stricter oversight of U.S. slaughter George E. Brown (D-CA), the HSA after its first introduction in Con- facilities. In this passionate speech, was amended and renamed the gress, the Downed Animal Protec- the first ever of its kind on farm Humane Methods of Slaughter Act tion Act was added to the 2004 animals, Byrd exclaimed: “The law (HMSA) in 1978. With this agriculture appropriations bill, only clearly requires that these poor strengthened law, not only plants to be removed at the last minute. creatures be stunned and rendered that sold meat to the government Shortly thereafter, when the first insensitive to pain before this but also all plants that wanted to be case of so-called mad cow disease process begins. Federal law is be- U.S. Department of Agriculture was discovered in the United ing ignored. Animal cruelty (USDA)-certified had to follow the States, Agriculture Secretary Ann abounds” (Congressional Record humane methods of slaughter Veneman announced that downed 2001, S7311). Between 2001 and guidelines. Federal inspectors had animals would be banned from the 2004, $1 million was appropriated the authority to shut down inhu- human food chain. While this to the USDA to hire seventeen mane slaughter operations until administrative reaction could be regional managers to oversee en- they were modified to comply with construed as something of a victory forcement of the HMSA, as was an humane standards (although such for animal advocates, as of 2005, additional $5 million to hire at action was very rare). Any meat im- the movement was still pushing for least fifty inspectors to work solely ported into the United States had passage of the Downed Animal Pro- on ensuring compliance with the to be from humanely slaughtered tection Act to give greater perma- law (HSUS 2004). animals. In 2002 the HMSA was nency to the existing administra- Even taking into account the amended further to request that tive ban. 1958 passage of the humane the Secretary of Agriculture report In assessing progress on the slaughter legislation, its subse- to Congress on the condition of downed animal issue, a more nu- quent amendments, and the nonambulatory livestock (downed anced measure is needed than sim- increase in funding for it, the struc- animals) in slaughter houses. ple passage of the bill into law. One tural problems with enforcement of “Downer” animals had become a possibility is to follow the level of the Act remain in place. As the ani- focus of increased animal protec- support via the number of cospon- mal movement continues to inves-

82 The State of the Animals III: 2005 tigate slaughter facilities and gain it very difficult for them to take mal, but, after reauthorization, political ground, it presses to have effective action if they see problems export permits were no longer the HMSA amended again to with the slaughter process. necessary. include poultry under its humane standards. In 2004 People for the Marine Mammal Animal Welfare Act: Ethical Treatment of Animals Protection Act: Assessment of (PETA) conducted an undercover Assessment of Progress Progress investigation of a slaughter facility. The findings of the investiga- In 1972 the Marine Mammal Pro- Even before closing the HSA cam- tion, including chickens being tection Act (MMPA) was passed. paign in 1958, The HSUS had kicked and thrown against a wall, This law imposed a moratorium on begun to turn its attention to the reached major media outlets the “harassing, hunting, captur- suffering of animals in research, throughout the country. The video ing, or killing” of all marine mam- testing, and education, joining the footage not only prompted public mals. The Secretary of Commerce Animal Welfare Institute in a cam- outrage, but it also created an may grant permits to allow the tak- paign to reform practices in the opportunity for the movement to ing and importation of marine country’s laboratories. urge Congress to amend the mammals: (1) for scientific re- Generally speaking, the Animal HMSA. Following the PETA investi- search or public display; (2) as Welfare Act (AWA), enforced by gation, The HSUS announced a incidental bycatch in commercial USDA, establishes the standards campaign to lobby for the inclu- fishing; and (3) in accord with that govern the humane handling, sion of poultry in the HMSA and sound principles of resource pro- care, treatment, and transporta- offered a petition for individuals to tection and conservation (16 tion of animals by dealers, research sign asking Congress for this U.S.C. §§ 1361–1421h). In 1992 facilities, and exhibitors and also inclusion. As of mid-2005, more the Dolphin Conservation Act was sets a standard by which animals than eighty thousand signatures added to the Marine Mammal Pro- are handled for transportation in had been collected. tection Act, banning certain tuna- commerce. While the law defines Despite the recent success in harvesting practices that threat- “animal” as any warm-blooded ani- obtaining legislation addressing ened dolphin populations. The law mal used for research, testing, ex- humane handling and slaughter of was amended again in 1994 to perimentation, or exhibition pur- livestock, there is considerable reduce the incidental taking of poses, or as a pet, it excludes horses room for improvement, not only in marine mammals during commer- not used for research purposes, the legislative underpinnings of cial fishing activities. farm animals, and birds, mice, and humane handling and slaughter The MMPA is a relatively com- rats used in research (U.S.C. §§ but also in the enforcement of the prehensive law from the perspec- 2131–2159). It also prohibits existing but relatively rudimentary tive of animal advocates, and the interstate transportation of ani- legislation dealing with farm ani- United States is one of the few mals, including live birds used for mal protection (especially impor- countries with such a strong law. fighting purposes. tant given the 8 billion animals a The law does include certain ex- The Laboratory Animal Welfare year raised and slaughtered in the emptions to the moratorium, Act was passed in 1966 “to provide United States). Everybody can however, such as capturing humane standards for dogs, cats, agree that animals should not be marine animals for public display, primates, rabbits, hamsters, and badly handled and tormented when even when the educational value, guinea pigs in animal dealers’ they are transported and slaugh- the basis for the exemption, is in premises and in laboratories prior tered. However, the law is still too dispute. The law embodies de to experimental use of animals” narrowly focused (it does not cover facto credibility for educational (Animal Welfare Institute 1990, religious slaughter and poultry, for purposes; a marine mammal facil- 77). It was later amended in 1970 example) and it has been enforced ity is not required to show how its (when it was renamed the Animal poorly from its implementation. exhibit is educational. Plus, there Welfare Act) and amended further For example, USDA stations its are no explicit standards for keep- in 1976, 1985, 1990, and 2002. In inspectors in slaughter facilities to ing such animals, and the stan- 1970 the amendments required inspect and certify that animals are dards that do exist are difficult to that the humane standards must be slaughtered humanely, but these enforce. Furthermore, the law was applied not only before the experi- inspectors receive their USDA pay- weakened when it was reautho- mental use of animals but also checks via the companies they rized in 1994. Before 1994 one throughout the entire stay of ani- inspect and are “embedded” in needed explicit permission to mals in laboratories. The amended those companies in ways that make import or export a marine mam- law applied to all warm-blooded

Progress in Animal Legislation: Measurement and Assessment 83 that would cover birds, rats, and Figure 2 mice used in research. This devel- AWA Appropriations Funding, opment caused considerable alarm among the medical research lobby, 1970–2004 which was able to have a rider inserted into a federal appropriations bill that forbade USDA to use any federal funds to promulgate such regulations. In 2002 the particularly powerful senior senator from North Carolina, Jesse Helms, inserted an amendment into the farm bill that permanently excluded rats, mice, and birds used in research from AWA oversight. This development indicated that, although the animal protection movement has gained political influence and public support, the research lobby still has the ability to get a few key politicians to listen to its concerns. To date there are

Source: Tom Engle, APHIS/USDA, August 26, 2004. no indications that the movement will have sufficient influence to reverse this loss because the public animals determined by the Secre- to dealers; in addition, dealers had is not that strongly moved by con- tary of Agriculture as being used or to provide written certification to cern for the welfare of mice, rats, intended for use in experimenta- the recipient regarding each ani- and birds. tion or exhibition except horses not mal’s background. In 2002 an amendment was used in research and farm animals In 1989 The HSUS and the Ani- added to prohibit interstate trans- used in food and fiber research. mal Legal Defense Fund (ALDF) portation of live birds for fighting In 1976 the law was amended to resorted to litigation to reverse purposes. This amendment was require research laboratories to pay USDA’s administrative exclusion of intended to hamper the illegal similar fines as those for animal rats, mice, and birds from regulato- cockfighting industry as well as exhibitors and dealers who violated ry coverage by the AWA. The litiga- cockfighting activities in the last the standards set by the AWA. A pro- tion asked the U.S. District Court two U.S. states, Louisiana and New vision was added to prohibit inter- to force USDA to protect all warm- Mexico, where it remained legal as state transportation of dogs used blooded animals used in research of mid-2005. Since the amendment for animal-fighting ventures. In laboratories. Although the district was passed, several cockfighting 1985, in response to several public court sided with the petitioners pits have been shut down. But part scandals about the mistreatment of and found that exclusion of rats, of the original amendment that laboratory animals in research proj- mice, and birds from coverage was would have established felony jail ects, the guidelines regarding stan- an arbitrary and capricious action penalties for engaging in an animal dards of care and alleviation of pain by USDA, the appeals court later fight was dropped during the con- and distress were made more specif- ruled that the animal protection ference committee discussion of ic. (For example, the law required groups did not have legal standing the 2002 farm bill (to which the that the pain and distress suffered to sue in federal court to force cockfighting AWA amendment was by laboratory animals be reduced, USDA to change its decision. attached). In 2003 and 2005, the and that psychological well-being be In 1999 the American Anti-Vivi- animal protection movement enhanced by providing adequate section Society (AAVS) filed a new continued its efforts on animal exercise for dogs and an enriched lawsuit on the issue. One year later fighting, and the Animal Fighting physical environment for primates.) the court found that it had stand- Prohibition Act was introduced The AWA was amended again in ing to sue for injunctive relief. At authorizing felony penalties for ani- 1990 to establish a holding period this point, USDA decided to nego- mal fighting as well as a ban on the for dogs and cats at shelters and tiate with the AAVS and reportedly interstate commerce of cockfight- other holding facilities before sale agreed to promulgate regulations ing implements.

84 The State of the Animals III: 2005 The animal movement has AWA represent a mixed outcome. exhaustive (not much occurred, argued that the AWA has not been The animal movement can point to even though debate on several crit- enforced adequately since it was changes that reflect broader cover- ical issues from the welfare of labo- passed. Part of the problem has age and more effective enforce- ratory animals to those of horses been a lack of resources. In the ment, but there have also been set- used in the racing industry could past ten to twenty years, an unlike- backs (such as the rats, mice, and constitute what Mill defined as the ly coalition of animal protection birds issue). The movement still “discussion” stage of a movement’s and research defense groups has has ambitions to expand coverage development), the 1999–2003 ac- been established to press for larger of the AWA. There is no specific complishments listed are, from a budgets for AWA enforcement. language in the AWA that address- subjective viewpoint, not an ex- This is one of those areas where es the practice of mass commercial haustive listing of legislative ac- everybody perceives a benefit from breeding in puppy mills, for exam- complishments. There are still more effective and more consis- ple, and guidelines for handling more of them, however, than in the tent enforcement. The AWA en- repeat violators of basic humane period in the early eighties. forcement budget is shown in Fig- standards (e.g., adequate veteri- It should be noted that a discrep- ure 2 (the budget in actual dollars nary care, shelter, food, and sanita- ancy remains among the recent is provided on one line; the budget tion) are inadequate. As a result, federal accomplishments. Some in inflation-adjusted dollars on the some puppy mills that have been accomplishments—the Animal other line). The inflation-adjusted cited more than once for AWA vio- Fighting Act and the additional column indicates that real funding lations are still in business. The funding for the AWA, both the for AWA enforcement increased in animal protection community lob- result of the movement’s determi- two distinct periods. From 1989 to bied (first in the 107th congres- nation—indicate that the animal 1992 funding increased from sional session and again in the protection movement is growing about $9 million to $12 million, 108th session) for the introduction strong. But some accomplish- and from 2000 to 2003 funding of the Puppy Protection Act. The ments, such as the Veneman deci- increased again, from approxi- Puppy Protection Act would reduce sion regarding downed animals or mately $11 million to $16 million. the number of times a female dog passage of the Captive Exotic Ani- The 81 percent increase in actu- may be whelped during a twenty- mal Protection Act (CEAPA), were al dollars (or the 50 percent four-month period, prevent fe- driven by events that originated increase in inflation-adjusted dol- males under one year old from outside the movement’s planned lars) appropriated for AWA enforce- being bred, and provide stricter campaign activities. If mad cow ment from 1999 to 2003 has penalties for puppy mills violating disease had not spread to the Unit- arguably led to more effective over- the AWA more than once in at least ed States, downers would likely sight by USDA inspectors of the eight months. have continued to be used in the approximately ten thousand sites food chain, despite the repeated (including research institutes, Comparing the efforts of animal protection lobby- zoos, puppy mills, circuses and Political Impact of the ists to stop the practice. In 2003 other exhibitors, and commercial Animal Movement the captive exotic animal issue— breeders) because of the hiring of where the animal movement more than forty additional inspec- While the 1950s and 1960s were sought to ban the keeping of exot- tors (HSUS 2004). However, the decades of growing political clout, ic animals, such as lions, tigers, effectiveness of enforcement is not Table 3 compares the legislative jaguars, and cougars as pets— simply a measure of how many output on behalf of animals for the gained national attention when inspectors there are. From a per- five-year period 1999–2003 with Roy Horn, of the famous Las Vegas spective outside the Animal Care the five-year period 1979–1983. It entertainment duo Siegfried and section in USDA/APHIS (Animal is apparent that there has been Roy, was mauled by one of his own and Plant Health Inspection Ser- more success in the most recent tigers during a show. This event, vice), it would appear that enforce- five-year period across most species reinforced when a private citizen ment of the AWA (and the morale groups, with the possible exception was mauled by a pet tiger he was of the Animal Care staff) was more of wildlife. However, two of the four keeping in his small Harlem apart- effective at the end of the 1990s successes on behalf of wildlife from ment, received heavy media cover- than it is today. Certainly, the infor- 1979 to 1983 are more accurately age and stimulated passage of the mation mandated under the AWA is described as conservation rather CEAPA. much less available today, despite than animal protection measures. expansion of the World Wide Web. While the accomplishments listed Thus, developments under the between 1979 and 1983 are

Progress in Animal Legislation: Measurement and Assessment 85 Table 3 Comparative Analysis of Federal Accomplishments

Major Federal Accomplishments

1979–1983 1999–2003

Animal Welfare Act •Provision on marine mammal • USDA AWA enforcement budget care standards added boosted by ca. 50 percent • Interstate commerce in birds and dogs used in animal fighting prohibited

Companion Animals • Banned dog and cat fur products

Cruelty Issues • Banned “crush videos” (where small animals are tortured/ crushed to death)

Farm Animals • Obtained additional $6 million for enforcement of Humane Slaughter Act • Banned the use of downer cattle for human consumption • Obtained $703,000 for hoop barns for pig raising

Animals in Research • Passed legislation authorizing the Interagency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) • Passed legislation authorizing a national sanctuary system for retired laboratory chimpanzees

Wildlife •Passed Alaska Lands bill—•Banned commerce in big cats designating more than 100 million for the pet trade acres in Alaska as parks or wildlife • Banned practice of cutting fins off refuges sharks and discarding their bodies •Added Marine Mammal Protection at sea while still alive Act regulations •National Park Service published final regulations banning trapping on some lands

Source: Internal HSUS documents

ry, only a handful of states included legislative activity since 1985. As of State Legislation felony-level penalties in their anti- the end of 2003, forty states and While it is relatively simple to track cruelty legislation. In the mid- the District of Columbia included the growth of animal protection leg- 1980s, animal protection organiza- felony-level penalties in their anti- islation at the federal level (there tions began to highlight the link cruelty statutes (Table 4). Wiscon- are only two legislative bodies and between cruelty to animals and sin, California, and Florida passed one executive), tracking and evalu- other forms of human violence (the felony penalty upgrades in the ating legislative advances in fifty name of the long-established HSUS 1980s (Table 5). From 1990 to states is much more difficult and program on this issue, “First 1994, six more states did so, fol- beyond our capacity for a detailed Strike,” reflects the idea that the lowed by another eleven states from analysis in this relatively brief chap- animal is the first victim in a house- 1995 to 1999, and another sixteen ter. Therefore, we have chosen to hold to be abused). The fact that from 2000 to 2003. focus on one particular area of ani- animal cruelty or abuse is a poten- By any measure, these state leg- mal protection legislation, the pas- tial indicator of individual violent islative initiatives represent consid- sage of felony-level penalties as part behavior (Lockwood and Ascione erable progress for the animal proof state anti-cruelty laws. 1997) has driven considerable state tection movement over the last For most of the twentieth centu-

86 The State of the Animals III: 2005 case, where three youths broke tory farming). Of these, the most Table 4 into a shelter and mutilated and serious is intentional cruelty be- Tracking Passage killed a number of cats, the leader cause it predicts significant future of the group received a two-year (or current) sociopathic behavior of Felony Statutes jail sentence (Bollinger 1998). against other humans and animals. The Iowa case illustrates why Fortunately, intentional cruelty is States with Felony Anti-cruelty Legislation states have agreed to institute rare, as is animal abuse. Most felony-level penalties. There are reported cases of animal cruelty fall 1986–89 7 some cases where it is clear that the into the neglect category. We were 1990–93 9 perpetrator of the abuse could be a curious, therefore, to see how the wider danger to society and where felony-level upgrades dealt with 1994–97 18 the courts need to administer more issues of intentionality. significant penalties than a few-hun- Favre and Loring (1983, 145) put 1998–2001 34 dred-dollar fine. A.N.R. (in Ascione forth four critical questions that 2002–2003 40 and Arkow 1999) has argued that must be asked when comparing one may classify cases of animal suf- state cruelty statutes: (1) Which ani- Source: www.hsus.org: Legislation and fering caused by humans in four mals are protected by the statute? Laws—Citizen Lobbyist Center. basic categories: intentional cruel- (2) Which humans are held respon- ty, in which the perpetrator gains sible? (3) What is the scope of care twenty years. When most anticruel- satisfaction from the animal suffer- that is to be provided? (4) How is ty statutes only carried misde- ing; abuse, in which the behavior is the duty (to provide certain care) meanor penalties, animal organiza- mainly a release of emotional energy qualified or exempted? With a large tions had trouble convincing the and where the animal’s suffering is a majority of states now having felony- police and courts to spend any time by-product rather than a necessary level provisions, one must also con- on animal-cruelty crimes. Since component for the perpetrator; neg- sider (5) the circumstances that felony-level penalties were estab- lect, in which the animal’s suffering might lead to prosecution of a felony lished, the police and courts have is caused by the ignorance or lazi- versus a misdemeanor. From the ani- taken a few egregious cases ness of the perpetrator; and use, in mal protection perspective, the in- through the courts, which conse- which the animal may suffer but the tent of the perpetrator to cause quently administered significant activity is sanctioned by society deliberate and premeditated animal penalties. Thus, in a notorious Iowa (e.g., animal research, trapping, fac- suffering or to engage in gratuitous-

Table 5 State Anti-cruelty Legislation with a Consideration for Language of Intent

Felony Language of Intent No. of States Legislation? States

No Felony No language of intent 0

Language of intent 9 Alaska, Ark., Hawaii, Idaho, Kans., Miss., N.D., S.C., Utah

Felony No language of intent in either 3 Minn., Nev., S.D.

Language of intent in felony 14 Calif., Conn., Del., D.C., Fla., Ill., Mass., but not misdemeanor Neb., N.H., N.J., N.M., Ohio, Okla., W.V.

language of intent in 1 Mo. misdemeanor but not felony

Language of intent in both 24 Ala., Ariz., Colo., Ga., Iowa, Ind., Ky., La., Md., Me., Mich., Mont., N.C., N.Y., Ore., Pa., R.I., Tenn., Tex., Va., Vt., Wash., Wis., Wyo.

Source: State felony laws that can be found on state websites or databases such as Lexis-Nexis.

Progress in Animal Legislation: Measurement and Assessment 87 ly abusive behavior would seem to be where language of intent is used, may also be convicted of a felony a relatively simple way to distinguish the offender, if convicted, must be even if intent is not present. between animal-cruelty cases that charged with a felony (Table 5). In Florida, as in California, the fall under the felony provisions and In statutes where the language felony provision contains language those that remain misdemeanors. differs between the felony and mis- of intent, but the misdemeanor However, more careful examination demeanor portions, those of nine language does not. The felony of the laws that have been passed states2 and the District of Columbia penalty does not include the mis- and the way in which they are imple- use some form of language of intent demeanor language, and the acts mented reveals that there is little in their felony portions but not in under the felony penalty are seem- underlying logic to the felony-penal- their misdemeanor portions. Gener- ingly more severe than those under ty upgrades or to the way the courts ally, one could therefore determine the misdemeanor penalty. apply the anti-cruelty statutes. that, for these statutes, evidence of Unlike other states that tend to The legislative language of intent intent surrounding an act of animal lump cruel acts together, Illinois includes a variety of words in the def- cruelty automatically amounts to a separates different types of cruelty initions of animal cruelty: “inten- more serous violation of the law. into distinct categories. Basic ani- tionally,” “willfully,” “knowingly,” Granted, the act of cruelty (e.g., mal cruelty (e.g., beating, starving, “maliciously,” and/or “purposefully.” mutilation versus general neglect) overworking, cruelly treating) falls Comparing the definitions of these may factor into stricter penalties. into the misdemeanor category, words in the widely used Black’s However, there are nine examples while repeated offenses, “aggravat- Law Dictionary (Black et al. 1990), where there is a correlation between ed cruelty,” and “animal torture” for example, provides little useful intent and level of crime. All of the are categorized as felonies. Both guidance on how these terms might remaining states3 without felony- aggravated cruelty and animal tor- be defined and distinguished. Law- level penalties already include lan- ture include language of intent. In yers might argue that state laws can- guage of intent in their misde- the case of aggravated cruelty, the not be understood fully without meanor provisions. If these weaker word “intentionally” is used; animal looking at their implementation cruelty laws are eventually strength- torture includes the terms “know- during court proceedings and case ened to include felony penalties, one ingly” and “intentionally.” This rais- outcomes. might question how the felony lan- es the question of why certain lan- Favre and Loring (1983) separat- guage would be constructed and, in guage is used in parts of some ed animal-cruelty statutes into two turn, differentiated from the current statutes and not in others. The different categories, those without misdemeanor language. analysis of statute language raises any language of intent and those One possibility looks at the type questions about the consistency of with such language. All fifty states of cruelty associated with the lan- the language of intent—what is and the District of Columbia have guage of intent. Alabama, Illinois, used and why. In the Oregon animal-cruelty statutes. Three and Kentucky have misdemeanor statutes, “intentionally” and “know- states (Minnesota, Nevada, and and felony provisions that both use ing” precede all acts of animal cru- South Dakota) do not use language language of intent; however, the elty marking a misdemeanor, but in of intent at all (Table 5). Of the felony provisions only apply to the felony language, “maliciously” forty states and the District of companion animals. (In Pennsylva- is used solely when an animal is Columbia with felony provisions, nia the felony provision only killed, while “intentionally” and seventeen1 use the identical lan- applies to zoo animals.) “knowingly” are linked to torture. guage in their felony and misde- The four states identified in To assess the impact of one meanor provisions (whether lan- Table 6 (California, Florida, Illi- recent state felony anti-cruelty law, guage of intent is included or not). nois, and Oregon) exemplify differ- it is useful to look at the experience Usually, offenders committing more ent ways in which language of in Texas. The existing law was than one offense “graduate” to intent is positioned. California has amended in 2001, producing sever- receiving felony-level penalties in inserted intent language in the al years of experience in the applica- subsequent violations of the misde- felony provision, while the original tion of the felony penalty. In June meanor language. Connecticut, one misdemeanor language includes 2004 Fikac (2004) reported the of the seventeen states, is an excep- terms such as mutilation, torture, number of individuals convicted of a tion: a violator of one portion of the and killing of an animal. Califor- felony since 2001, based on data animal-cruelty statute (containing nia’s anti-cruelty statute seems provided by the Texas Department no language of intent) may be sub- especially strong for two critical of Criminal Justice (DCJ): twenty- jected to either a misdemeanor or reasons: if any evidence of intent is one people had served state prison felony-level penalty. However, in present, the offender must be con- time since the 2001 law was enact- another portion of the statute victed of a felony, but an offender ed, with six of them still in prison at

88 The State of the Animals III: 2005 that time. The number excluded names of twenty of the convicted tained by The HSUS. Using the the people who were convicted of a felons by Texas DCJ. A search was Lexis-Nexis database, we were able felony but were given probation and conducted in two databases: Lexis- to find the jail time served by four- those who were jailed on a misde- Nexis and a database of news clip- teen of the twenty felons and the meanor conviction. pings on reported animal-cruelty type of felony with which they were The authors were given the cases throughout the country main- charged, but we were not given any

Table 6 Four-State Analysis of Language of Intent

State Year Felony Felony Language Misdemeanor Language Law Passed/ Amended

Calif. 1988 Every person who maliciously* and Every person who overdrives, overloads, intentionally maims, mutilates, tortures, drives when overloaded, overworks, tortures, or wounds a living animal, or maliciously torments, deprives of necessary sustenance, and intentionally kills an animal. drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or Language identical to a misdemeanor procures any animal to be so overdriven, offense. overloaded, driven when overloaded overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor.

Fla. 1989, 1999 A person who intentionally commits an A person who unnecessarily overloads, act to any animal which results in the overdrives, torments, deprives of necessary cruel death, or excessive or repeated sustenance or shelter, or unnecessarily infliction of unnecessary pain or suffering, mutilates, or kills any animal, or causes the or causes the same to be done. same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner.

Ill. 1999 Cruel treatment or second or subsequent Cruel treatment: Beat, cruelly treat, starve, offense. overwork, or otherwise abuse any animal.

Aggravated cruelty: intentionally commit an act that causes a companion animal to suffer serious injury or death.

Animal torture: Knowingly or intentionally causes the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the animal.

Ore. 1995 A person commits the crime of aggravated A person commits the crime of animal abuse animal abuse in the first degree if the in the first degree if, except as otherwise person: maliciously kills an animal; or authorized by law, the person intentionally, intentionally or knowingly tortures an knowingly or recklessly: causes serious animal. physical injury to an animal; or cruelly causes the death of an animal.

Source: State felony laws that can be found on state websites or databases such as Lexis-Nexis. *Emphasis added in boldface throughout.

Progress in Animal Legislation: Measurement and Assessment 89 information on the type of animal confusing, and how the laws are Since 1991 the animal move- cruelty any had committed. The enforced (the most important ment’s victories in the initiative HSUS database of approximately measure of a successful outcome) process have been plentiful and 1,300 clippings a year found reports is very difficult to measure. diverse. For example, animal advo- of only three of the twenty felons. cates have worked to place anti- Those pushing for more effective trapping initiatives on seven bal- animal-cruelty legislation should Animal Protection lots since 1995, prevailing in five take steps to make sure that their Initiatives4 instances. Six other initiatives state law: (1) applies to all ani- dealt with hound hunting and bait- The animal protection movement mals; (2) applies to first-time ing of predators, and animal advo- has used state initiative petitions offenders; (3) has large fines and cates prevailed in four of them. at various stages in the twentieth lengthy prison time as penalties; One measure related to the shoot- century but with limited success (4) has no exemptions; (5) allows or ing of captive animals, in so-called until fairly recently. Between 1940 requires convicted abusers to get canned hunts, and two measures and 1988, animal advocates quali- counseling at their own expense; related to the airborne hunting of fied just a handful of animal pro- and (6) prohibits abusers from pos- wolves in Alaska. Voters approved tection initiatives, and only one of sessing animals or living where ani- all three of these measures. them passed—a 1972 measure in mals are present (www.hsus.org: These victories have been built South Dakota to ban dove hunting, Legislation and Laws/Citizen Lob- on a proven formula for predicting which was reversed eight years byist Center). the success of an initiative. The ani- later. Voters in other states reject- In 2005 animal advocates in mal issue must be selected careful- ed a series of initiatives restricting Texas were working to strengthen ly and must be “right” for that par- the killing of wildlife. For instance, their anti-cruelty law again. When ticular state. State residents must in 1983 Maine voters rejected a news broke that a man used his be polled to determine if there is ban on moose hunting; Ohio and lawnmower to run over his puppy, enough support for an issue. The Oregon voters rejected anti-trap- and that he could not be prosecut- state must have people who can ping initiatives in 1978 and 1980, ed because the current law only donate money for the initiative, respectively. applies to harming another per- newspapers and other media out- Since 1990, however, there has son’s animal, the urgency to cor- lets must support the issue, and the been a proliferation of animal pro- rect this loophole heightened. Not initiative must address a long over- tection initiatives (Tables 7a,b). only would the introduced bill due reform. (For an example of the Voters have approved seventeen of amend the current law to apply to last of these, before the 2002 initia- twenty-five animal protection bal- those who abuse their own animal tive that banned cockfighting, lot initiatives on subjects ranging in a cruel manner, but it expands Oklahoma was one of only three from cockfighting to bear baiting, the definition of “animal” to states where cockfighting was still from horse slaughter to canned include harming another person’s legal, and a ban of the blood sport hunts and the factory farming of livestock and the cruel killing of was long overdue.) pigs. During this period, more than stray and wild animals (Fikac The success of animal protection four million signatures of regis- 2005). initiatives is even more impressive tered voters have been gathered, This anecdotal analysis of anti- when considering that humane largely by animal advocates, to cruelty statutes and their enforce- advocates have not been able to qualify the twenty-five initiatives. ment indicates how idiosyncratic leverage huge financial advantages Most of the initiatives have been anti-cruelty legislation across the to secure victories. On the contrary, spearheaded by the organizing country is, how little logic is in some cases, including the 1994 efforts of The HSUS and The Fund applied to developing language measure in Oregon to ban bear bait- for Animals. They carefully identi- that clearly discriminates between ing and hound hunting, animal pro- fied winnable issues in demograph- types of animal abuse, and how dif- tection groups have overcome the ically favorable states, and they ficult it is to follow up on how lopsided financial advantages organized volunteer petitioners, effective enforcement of both the enjoyed by their opponents. At the conducted public attitude surveys misdemeanor and the felony provi- same time, hunting groups have to guide the wording of the peti- sions can be. Thus, one must con- been successful only in those cases tions, raised money, and persuaded clude that the animal protection where they amassed huge war chests voters to support the initiatives, movement has made significant that allowed them to blitz voters primarily by airing emotionally progress in upgrading anti-cruelty with their message and erode public compelling advertising showing legislation, but the underlying support for animal protection initia- direct harm to animals. logic of many of the changes is tives. For example, hunting groups

90 The State of the Animals III: 2005 Table 7a Animal Protection Initiatives and Referendums—Wins

Percentage Percentage Wins Voting Voting Yes No 1990 Calif. Proposition 117: prohibits sport hunting of mountain lions 52 48

1992 Colo. Amendment 10: prohibits spring, bait, and hound hunting of black bears 70 30

1994 Ariz. Proposition 201: prohibits steel-jawed traps and other body-gripping traps 58 42

Ore. Measure 18: bans bear baiting and hound hunting of mountain lions 52 48

1996 Alaska Measure 3: bans same-day airborne hunting of wolves and foxes 58 42

Calif. Proposition 197*: allows trophy hunting of mountain lions 42 58

Colo. Amendment 14: bans leghold traps and other body-gripping traps 52 48

Mass. Question 1: restricts steel-jawed traps and other body-gripping traps, bans hound hunting of bears and bobcats, and eliminates quota for hunters on Fisheries and Wildlife Board 64 36

Ore. Measure 34*: repeals ban on bear baiting and hound hunting of bears and cougars 42 58

Wash. Initiative 655: bans bear baiting and hound hunting of bears, cougars, bobcats, and lynx 63 37

1998 Ariz. Proposition 201: prohibits cockfighting 68 32

Calif. Proposition 4: bans the use of cruel and indiscriminate traps and poisons 57 43

Calif. Proposition 6: prohibits slaughter of horses and sale of horse meat for human consumption 59 41

Colo. Amendment 13: provides uniform regulations of livestock 39 61

Colo. Amendment 14: regulates commercial hog factories 62 38

Mo. Proposition A: prohibits cockfighting 63 37

2000 Alaska Measure 1*: bans wildlife issues from ballot 36 64

Alaska Measure 6: bans land-and-shoot wolf hunting 53 47

Ariz. Proposition 102*: require two-thirds majority for wildlife issues 38 62

Mont. Initiative 143: prohibits new game farm licenses 52 48

Wash. Initiative 713: restricts steel-jawed traps and certain poisons 55 45

2002 Ariz. Proposition 201: expands gambling at greyhound tracks 20 80

Fla. Amendment 10: bans gestation crates for pigs 55 45

Ga. Measure 6*: specialty license plate for spay/neuter 71 29

Okla. State Question 687: bans cockfighting 56 44

Okla. State Question 698*: increases signature requirement for animal issues 46 54

Note: Italics indicate bad measures that were defeated. * Referendum (referred to ballot by state legislature).

Progress in Animal Legislation: Measurement and Assessment 91 Table 7b Animal Protection Initiatives and Referendums—Losses

Percentage Percentage Losses Voting Voting Yes No 1992 Ariz. Proposition 200: bans steel-jawed traps and other body-gripping traps 38 62

1996 Idaho Proposition 2: bans spring bait, and hound hunting of black bears 40 60

Mich. Proposal D: bans baiting and hounding of black bears 38 62

Mich. Proposal G*: exclusive authority over wildlife to National Resources Committee in Mich. 64 36

1998 Alaska Proposition 9: bans wolf snare trapping 36 64

Minn. Amendment 2: constitutional recognition of hunting 77 23

Ohio Issue 1: restores ban on mourning dove hunting 40 60

Utah Proposition 5*: requires two-thirds majority for wildlife ballot issues 56 44

Mass. Question 3: bans greyhound racing 49 51

2000 N.D. Question 1: constitutional recognition of hunting 77 23

Ore. Measure 97: restricts steel-jawed traps and certain poisons 59 41

Va. Question 2*: constitutional recognition of hunting 60 40

2002 Ark. Initiated Act 1: increases penalties for animal cruelty 38 62

* Referendum (referred to ballot by state legislature). Source: Internal HSUS document on ballot measures. spent $1.8 million against an anti- sary signatures. In 1998 the Califor- Proposition 2 to ban spring bear trapping initiative in Arizona in nia group Protect Pets and Wildlife, hunting and the use of dogs or bait 1992. They spent $2.5 million in a coalition of humane organizations to hunt bears. Their formula for suc- Michigan and $750,000 in Idaho dedicated to banning the use of cess was a campaign targeting “out- against initiatives to ban bear hunt- steel-jawed leghold traps, spent of-state animal rights extremists” ing, and $2.5 million against the about $350,000 to amass more who, they charged, wanted to do dove hunting ban in Ohio. Hunting than 700,000 signatures, relying away with “Idaho freedoms.” They groups outspent animal advocates largely on seven thousand volunteer spent nearly $800,000 to defeat the by margins of from four to one to petitioners. In Massachusetts in measure, while proponents spent ten to one in these campaigns. 1995–96, animal advocates spent just a fraction of that amount in Animal advocates have not used only $25,000 to gather nearly support of the measure. Hunting large amounts of cash to qualify 200,000 signatures to add a meas- groups then succeeded in passing measures for the ballots, either. ure to restrict trapping to the sweeping changes to the initiative Generally, they have deployed vol- November ballot. process, drastically reducing the unteer petitioners to collect signa- Not only have opponents tried to time allowed for petitioning and tures for ballot measures. Conven- thwart efforts by animal advocates requiring that petitioners collect tional wisdom is that initiative by outspending them, but they signatures dispersed throughout the qualification in California requires have also organized measures to state. For example, petitioners had a minimum of $1 million for signa- make it more difficult to pass ani- to amass at least 6 percent of regis- ture collection, but in 1990, Propo- mal protection initiatives. They tered voters in twenty-two of the sition 117, the mountain lion initia- have tried to raise the standard for state’s forty-four counties. Before tive, relied exclusively on volunteer both qualification and voter that stipulation, there were no geo- petitioners, and less than $500,000 approval of measures. In 1996 Idaho graphic distribution requirements. was required to collect the neces- hunting groups soundly defeated Since many of the initiative victo-

92 The State of the Animals III: 2005 ries affect hunting of wildlife, political sphere, prompting addi- and political clout. The movement hunters have used either the initia- tional investment not only in initia- must continue working to correct tive process or the state legislature tive campaigns, but also in tradi- earlier shortcomings and to push to pass resolutions that recognize tional legislative campaigns. the envelope on behalf of animals hunting as a constitutional right. to be resourceful and effective. Initiatives preserving the constitutional right to hunt have been Conclusion Notes passed in Alaska, North Dakota, and From 1900 to 1950, the animal pro- 1California (lesser felony with identical lan- Virginia. Animal advocates, while tection movement had relatively lit- guage. No language of intent); Colorado (second or subsequent offense; knowingly); Con- not supporting such measures, have tle political clout. In Moyer’s model, necticut (no language of intent); Iowa (second not been interested in pouring time the movement was in stage one and or subsequent offense; intentionally); Illinois and money into defeating them. two. In the 1950s the movement (for cruel treatment; no language of intent); Indiana (second or subsequent offense, know- Overall, animal advocates have began to have success passing new ingly, intentionally); Minnesota: (second con- been victorious 67 percent of the legislation, and it began to grow as viction w/in five years); North Carolina: (same time since 1991. While this may be new animal protection organiza- language, intentionally); Nebraska (subsequent offenses); New Hampshire (second or a significant number in itself, it is tions were established. It steadily subsequent offense); New Mexico (fourth or crucial to weigh the significance of moved into Moyer’s stage three. In subsequent offense); Nevada (guilty after third each ballot initiative in its own the late ’70s and early ’80s, it offense); Ohio (for second offense only); Penn- sylvania (subsequent offenses; willfully, mali- right. For example, one of the most moved into stage four as the media ciously); Tennessee (second or subsequent important initiative wins for the discovered “animal rights” and gave offense; intentionally, knowingly); Texas (third animal protection movement was the movement significant exposure. conviction; intentionally, knowingly); and Ver- mont (second offense). passage of the 1992 Colorado In the 1990s media attention 2California, Delaware, Florida, Illinois, Amendment 10, which prohibited changed (Herzog 1995). While ref- Massachusetts, Nebraska, New Hampshire, sport hunting of bears in the spring erence to animal issues and the New Jersey, and New Mexico. 3Alaska; Arkansas; Hawaii; Idaho; Kansas; and the use of baits and/or hound- movement itself became much Mississippi (language of intent only when per- ing. The first of its kind to succeed more common in the media mar- taining to dogs); North Dakota; South Caroli- in the initiative process, this meas- ketplace (e.g., several Seinfeld na; and Utah. 4A significant portion of the data has been ure set a precedent; Oregon, Mass- episodes involved animal rights taken from Pacelle 2001 and 2003 with the achusetts, and Washington later issues), the cover stories that permission of the author. passed similar measures. The 2002 focused on the movement became Florida initiative banning the use of much less common. Some in the gestation crates for pregnant sows movement saw this decline as a fail- Literature Cited was the first measure to be passed ure and resorted to more aggressive Animal Welfare Institute. 1990. regarding animals involved in tactics, while others recognized Animals and their legal rights: A agribusiness. The success of this that animal protection could now survey of American laws from initiative has opened the door for command a place in public policy 1641 to 1990. 4h ed. Washing- animal advocates to consider using discussions and took advantage of ton, D.C.: Animal Welfare Insti- the initiative process in other the openings presented. tute. states to effect further reforms on Although the animal protection Ascione, F.R., and P. Arkow. 1999. behalf of farm animals. movement has been able to gain Child abuse, domestic violence, While animal advocates sustained significant protection for animals and animal abuse: Linking the occasional setbacks—each one pro- in the past twenty years, much circles of compassion for preven- duced by the substantial investment remains to be done. Moyer’s move- tion and intervention. West of dollars by opposition groups— ment model predicts that, as suc- Lafayette, Ind.: Purdue University the movement has used the initia- cesses are gained and animal pro- Press. tive process carefully to obtain tection reforms are incorporated Black, H.C., J.R. Nolan, J.M. some basic protections for animals. into the public agenda, the move- Nolan-Haley, M.J. Connolly, S.C. The animal movement’s victories ment itself will wane. Such weaken- Hicks, and M.N. Alibrandi. 1990. have demonstrated that its values ing is not inevitable. The move- Black’s law dictionary. 6h ed. St. strike a chord with the public. ment’s influence can continue to Paul: West Publishing Company. These victories have also signaled to grow and expand; while protecting Bollinger, V. 1998. One deadly policy makers that animal protec- animals should always be the focus, night at Noah’s Ark. HSUS tion demands cannot be summarily this focus must be viewed in con- News, 43(2): 36–40. dismissed. The initiatives have pro- junction with appropriate goals to Favre, D.S., and M. Loring. 1983. vided another measure of confi- gain more measurable outcomes Animal law. Westport, Conn.: dence to animal advocates in the and thus more social acceptance Quorum Books.

Progress in Animal Legislation: Measurement and Assessment 93 Fikac P. 2004. Law rarely bites animals: A fifty-year history of The mal abusers: In its first three Humane Society of the United years, statute has put just 21 peo- States. Washington, D.C.: ple in prison. San Antonio Humane Society Press. Express-News, June 1. Unti, B., and A.N. Rowan. 2001. A ————. 2005. Animal cruelty social history of postwar animal crackdown touted. San Antonio protection. In The State of the Express-News, March 20. Animals: 2001, ed. D.J. Salem Herzog, H.A. 1995. Has public and A.N. Rowan, 21–37. Wash- interest in animal rights peaked? ington, D.C.: Humane Society American Psychologist 50: Press. 945–947. Warrick, J. 2001. They die piece by The Humane Society of the United piece: In overtaxed plants, States (HSUS). 1956. Senate humane treatment of cattle is committee schedules April often a battle lost. The Washing- slaughter bill hearing. HSUS ton Post, April 10. News, April, 1. Wiebers, M.S.W., A. Gillan, and ————. 2004. Internal docu- D.W. Wiebers. 2000. Souls like ment on federal legislative ourselves: Inspired thoughts for accomplishments. Washington, personal and planetary advance- D.C.: HSUS. ment. Rochester, Minn.: Sojourn ————. 1994–2004. The humane Press. scorecard: 102nd–107th Con- gresses. Washington, D.C.: HSUS. Lockwood, R., and F.R. Ascione. 1997. Cruelty to animals and interpersonal violence: Readings in research and application. West Lafayette, Ind.: Pur- due University Press. Moyer, B. 1987. The movement action plan: A strategic framework describing the eight stages of successful social movements. San Francisco at www.campus activism.org/displayresource. php?giRid=257& gsPhile=move- ment_action_plan.pdf&giPhid=4 19). Pacelle, W. 2001. The animal protection movement: A modern- day model use of the initiative process. In The battle over citizen lawmaking: The growing regulation of initiative and referendum: 2001, ed. M.D. Waters, 109–119. Durham: Carolina Academic Press. ————. 2003. The animal protection movement and I and R. In Initiative and referendum almanac: 2003, ed. M.D. Waters, 482–484. Durham, N.C.: Caroli- na Academic Press. Unti, B. 2004. Protecting all ani-

94 The State of the Animals III: 2005 Competition between Marine Mammals and 8CHAPTER Fisheries: Food for Thought

Kristin Kaschner and Daniel Pauly

This chapter is adapted from “Competition between Marine Mammals and Fisheries: Food for Thought” published by The Humane Society of the United States/Humane Society International. Introduction arine mammals and soon extended all the way to Antarc- gered Wildlife in Canada 2003). On humans have co-existed tica and reduced countless popula- the other hand, there are examples Mon this planet for several tions to small fractions of their for- of some marine mammals potential- hundred thousand years. Both rely mer abundance (Perry, DeMaster, ly adversely affecting fisheries. Con- heavily on the exploitation of and Silber 1999) or wiped them out troversial cases include damaging of marine resources, though whales, completely, as with the now-extinct gear (e.g., harbor seals vs. fish dolphins, and pinnipeds have been Atlantic gray whale (Mitchell and farms) (Johnston 1997; Fertl 2002), doing so for much longer, roaming Mead 1977) or the Caribbean monk devaluation of catch through de- the oceans for millions of years, seal (Kenyon 1977; Gilmartin and predation (killer whales vs. long- long before the emergence of mod- Forcada 2002). Today, humans ad- line fisheries in Alaska) (Dahlheim ern humans (Hoelzel 2002). It is versely affect marine mammals 1988; Fertl 2002), or, indirectly, not surprising that, when there is a mainly through incidental entangle- through costs incurred by gear “new kid on the block,” co-exis- ment in fishing gear (Northridge modifications that are required to tence is not always very peaceful, 1991, 2002; Harwood et al. 1999; reduce anthropogenic impacts on and many of the encounters Kaschner 2003), chemical (Mossner marine mammal species (e.g., dol- between humans and marine mam- and Ballschmiter 1997; Borrell and phin-excluder devices, pingers) mals result in a variety of conflicts. Reijnders 1999; Coombs 2004) and (Harwood 1999; Palka 2000; Read acoustical pollution (Johnston and 2000; Culik et al. 2001). Woodley 1998; Jepsen et al. 2003), Room for and, in some cases, ship strikes Is Competition Conflict (Clapham, Young, and Brownell a Problem? 1999; Fujiwara and Caswell 2001). Many species of marine mammals Competition between marine Some populations close to the point are affected and frequently threat- mammals and fisheries for available of extinction are the vaquita (D’A- ened by fisheries and other human marine food resources has often grosa, Lennert-Cody, and Vidal activities (Northridge 1991, 2002). been mentioned as another issue of 2000), the Mediterranean (Aguilar In the past the main threats were concern (Beddington, Beverton, 1998; Ridoux 2001; Gucu, Gucu, large-scale whaling (Clapham and and Lavigne 1985; Harwood and and Orek 2004) and Hawaiian monk Baker 2002) and sealing operations Croxall 1988; Plagányi and Butter- seals (Carretta et al. 2002), and the (Gales and Burton 1989; Knox worth 2002). This is understand- western North Atlantic right whale 1994; Rodriguez and Bastida 1998). able, since many marine mammal (Perry, DeMaster, and Silber 1999; These focused initially on the waters species, in common with humans, Committee on the Status of Endan- of northern Europe and Asia, but operate near or at the top of the

95 marine food web (Pauly et al. worth 2002). A rarely acknowledged they largely ignore important issues 1998b). In recent years, as the fish- but implicit assumption is that of uncertainty and food web interac- eries crisis has developed from a set removal of one of the players would tions (Harwood and MacLaren of regional problems to a global translate into direct benefits for the 2002; International Whaling Com- concern (Pauly et al. 2002, 2003), remaining player. In the context of mission 2003). However, the appli- and the animal protein that mil- the proposed competition between cation of more complex models, lions of people depend on is in marine mammals and fisheries, such as those recommended by the increasingly shorter supply, there is competition occurs when both ma- United Nations Environment Pro- a growing need to find scapegoats rine mammals and fisheries con- gramme to investigate proposals for for the collapse of fisheries. Most sume the same types of food in the marine mammal culls (1999), is marine mammals are large—sug- same general geographical areas often hampered by the lack of avail- gesting that they must eat a great (and water depths). More important ability of necessary data (Tjelme- deal—and visible to us, at least in though, competition occurs only if land 2001; Harwood and MacLaren comparison with other marine top the removal of either marine mam- 2002; International Whaling Com- predators, such as piscivorous fish. mals or fisheries results in a direct mission 2003) and the degree of Moreover, some species—notably increase in food available to the uncertainty associated with their various species of fur seals (Torres other (Cooke 2002; International parameters. 1987; Wickens and York 1997)— Whaling Commission 2003). It has been suggested that an have recovered from previous levels undesired consequence of the of high exploitation and their popu- Measuring Competition efforts to focus on the uncertain- lations are increasing, although Many studies have attempted to ties and difficulties associated with population levels of most species qualitatively and quantitatively the application of complex models are still far below their pre-exploita- assess the ecological role of marine has been an effective rejection of tion abundance (Torres 1987; mammals and the extent of their the “scientific approach” by politi- Wickens and York 1997; Perry, trophic competition or overlap with cians, administrators, fishers, and DeMaster, and Silber 1999). For fisheries (Harwood and Croxall laypeople. Thus many people end these reasons, whales, dolphins, 1988; Sigurjónsson and Vikingsson up considering the simpler “who- and pinnipeds are likely culprits 1992; Bowen 1997; Trites, Chris- eats-how-much-of-what” approach behind the problems various fish- tensen, and Pauly 1997; Hammill as a “commonsense” notion where- eries are facing. Thus the voices of and Stenson 2000; Thomson et al. in fewer marine mammals must countries and corporations with 2000; Yodzis 2001; Boyd 2002). To mean more fish for humans to large fishing interests, requesting address this question, various catch (Holt 2004). As another side “holistic management” that approaches have been applied to effect of their data requirements, includes “the utilization of marine the problem of modeling marine most complex models focus on rel- mammals such as whales...to mammal food consumption and the atively small geographic areas increase catch from the oceans” potential effects of this intake on (Stenson and Perry 2001; Bjørge et (Institute of Cetacean Research fishery yields, reviewed in detail al. 2002; Garcia-Tiscar et al. 2003). 2001a, n.p.), have been growing elsewhere (Cooke 2002; Harwood Although this may suffice for some louder. As a consequence, much and MacLaren 2002; International coastal species, such small scales political pressure has been applied Whaling Commission 2003 ). Exist- may be inappropriate for species in recent years in various interna- ing approaches range from simple, that are highly migratory and tional fora concerned with the static “who-eats-how-much-of-what” range globally or across large management of global marine models to very sophisticated troph- ocean basins. As a result, percep- resources to begin to address com- odynamic ecosystems models that tion of the extent of the problem in petition between marine mammals consider, among other things, inter- terms of resource overlap between and fisheries on a global scale (van actions among multiple species fisheries and marine mammal Zile 2000; Food and Agriculture changing over time and in space species is distorted by models that Organization of the United Nations (Bogstad, Hauge, and Ulltang 1997; are restricted to areas that repre- 2001; Holt 2004). International Council for the Explo- sent only a fraction of a species’ ration of the Sea 1997; Bogstad, distributional range. What Is Competition? Haug, and Mehl 2000; Christensen We propose a different type of From an ecological perspective, and Walters 2000; Livingston and approach, allowing some perspec- competition is a situation where the Jurado-Molina 2000). The “who- tive on the issue of potential com- simultaneous presence of two eats-how-much” models generally petition between fisheries and resource consumers is mutually dis- are regarded as inadequate to inves- marine mammals on a global scale. advantageous (Plagánzi and Butter- tigate potential competition since By developing further the “who-

96 The State of the Animals III: 2005 eats-how-much-of-what” approach, and are referred to here as the body mass (Boyd 2002; Leaper and we can demonstrate that the appli- “naïve” approach. These models Lavigne 2002). However, we still cation of some true common calculate the quantity of prey know very little about the factors sense1 may be sufficient to counter taken by marine mammal species that influence this relationship, claims that culling marine mam- by simply estimating the amount and the naïve approach effectively mals will help us alleviate the of food consumed by one animal of ignores the large variations among major problems the world’s fish- a specific species based on its esti- individuals and species associated eries are facing today, and even mated mean weight, multiplying with differences in age and sea- world hunger. this amount by the total estimated sons, and the proportion of time number of animals of this species, spent on different activities, to and then summing this estimate of mention only a few. More impor- What We Do food intake for all or major sub- tant, the naïve approach complete- In this essay we summarize the groups of marine mammal species. ly ignores the complex range of major flaws in the case for culling, Estimates thus derived put the dynamic factors that affect how put forward at international fora total amount consumed by removal of high-level predators with increasing insistence, which cetaceans worldwide, for instance, affects ecosystems (Parsons 1992), blames marine mammals for the at three to six times the global some of which we discuss later. For world’s fisheries crisis and pro- marine commercial fisheries catch all of these reasons, gross esti- motes the pre-emptive removal of (Institute of Cetacean Research mates of the total amount of fish marine mammals as a solution to 2001b; Tamura 2003). As a result consumed by marine mammals, by problems such as globally dwin- it is often implied that a reduction themselves, provide little or no dling fish stocks and world hunger. in the predator population will information about the net “gain” More important, however, we show translate directly into a correspon- in fisheries catches that might that, even though this group of ding increase in prey (Kenney et al. result from a reduction in numbers predators does collectively con- 1997; Sigurjónsson and Viking- of any marine mammal population. sume a large quantity of marine soon 1997; MacLaren et al. 2002; resources as part of its natural role Tamura 2003) and that this But for the Sake in marine ecosystems, there is like- increase would then be available of Argument... ly very little actual competition for fisheries exploitation. It may seem intuitive that, because between “them” and “us,” mainly whales and other marine mammals because marine mammals, to a Problems with the are big and eat a great deal, having large extent, consume food items Naïve Approach fewer of them should result in that humans do not catch and/or There are many problems associat- more fish being available for consume them in places where ed with the naïve approach—so human consumption. There is as fisheries do not operate. many that the scientific communi- yet no model that is detailed ty has effectively refused even to enough and meets sufficiently Who Eats How consider a discussion about culling stringent scientific requirements marine mammal species based on that would allow us to reliably MUCH? these simple estimates (Interna- investigate the effects, positive or tional Whaling Commission 2003). negative, that reduction of marine The Naïve Approach One problem is that reliable and mammal populations might have Substantial political pressure has comprehensive abundance esti- on net fisheries catches. Indeed, been applied in recent years to pro- mates are still lacking for the such a model may never be devel- mote the claim that competition majority of marine mammal oped. Therefore, rather than focus- between marine mammals and species throughout much of their ing our efforts on attempting to do fisheries is a serious global issue distributional ranges—most global what probably cannot be done, we that needs to be addressed in the estimates represent only guessti- instead show the flaws in the argu- context of world hunger in general mates at best. Moreover, since we ments that favor resumption of and dwindling fish stocks specifi- cannot directly measure the whaling using the naïve ap- cally (van Zile 2000; Food and Agri- amount of food consumed by the proach—based on commonsense culture Organization of the United animals, our estimates of food considerations and a few addition- Nations 2001; Holt 2004). These intake rely on physiological models al parameters. claims are based on very simplistic that are largely based on what we We used a simple food consump- food consumption models—crude know about the relationship be- tion model, outlined briefly in the so-called surplus yield calculations tween the amount an animal must sidebar on page 98, to estimate (Harwood and MacLaren 2002)— eat to sustain itself given a certain global annual food consumption of Competition between Marine Mammals and Fisheries: Food for Thought 97 all marine mammals due to their large size. However, in terms of the Basic Food Consumption type of food targeted also by fish- Model: Who Is Eating How eries (shown in red in Figure 1; mostly small pelagics, benthic Much of What? invertebrates, and a group we have dubbed “miscellaneous fishes,” We generated estimates of annual eries are probably closer to 150 mil- which mainly includes medium- food consumption during the 1990s lion tons per year, if illegal, unreport- sized groundfish and pelagic fish for each marine mammal species ed, or unregulated (IUU) catches species), baleen whales likely con- using a simple food consumption are taken into account (Pauly et al sume less or at least no more than model17 (Trites, Christensen, and 2002) (Figure 1). The percentages fisheries do every year. The majori- Pauly 1997) and syntheses of of different food types in total ty of what baleen whales (as well as recently published information marine mammal consumption were toothed whales and pinnipeds) eat about the population abundances, estimated based on the diet com- consists of food types that, for rea- sex ratios, sex-specific mean position standardized across sons of taste and accessibility, are weights, and weight-specific feed- species, itself based on two hun- of little interest to commercial ing rates extracted from more than dred published qualitative and quan- fisheries. We expand on this im- three thousand sources of primary titative studies of species-specific portant consideration of what is and secondary literature compiled feeding habits (Pauly et al. 1998a). being eaten in the next section. into a global database. To convey The proportions of different food the extent of uncertainty associated types represented in fisheries Who Eats How with this total estimate of marine catches were obtained by assigning mammal food consumption, we individual target species/taxa to the Much of What? generated minimum and maximum appropriate food type category estimates by running the model based on life history, size, and habi- Different Species, with different feeding rates but tat preferences of the target Different Strokes ignoring effects such as seasonal species or taxa. Food types includ- During their foraging dives, many differences in food intake (Kaschner ed benthic invertebrates (BI), large marine mammal species regularly 2004). Corresponding mean global zooplankton (LZ), small squid (SS), venture to depths of more than a fisheries catches for the 1990s large squid (LS), small pelagic fishes thousand meters (Campagna et al. were taken from the global fish- (SP), mesopelagic fish (MP), miscel- 1998; Hooker and Baird 1999; Hin- eries catch database developed and laneous fish (MF), higher verte- dell et al. 2002; Laidre et al. 2003) maintained by the Sea Around Us brates (HV), and an additional food and far under the pack ice (Davis Project at the Fisheries Centre (Uni- type containing all catches of et al. 2003), into areas rarely if versity of British Columbia, Canada) species targeted only by fisheries, ever visited by humans. There, they (sidebar on page 100) and averaged such as large tuna, which we called feed on organisms about whose over the last decade. Note that this non-marine mammal fishes (NM) existence we often know only indi- is an estimate of only the reported (Figure 2). rectly based on specimens collect- catches and that total takes by fished from the stomachs of marine mammal species (Fiscus and Rice 1974; Clarke 1996). different groups of marine mam- estimates generated by the model, Along similar lines, at least some mals to compare them with catch- which illustrate the wide margin of our favorite seafood delicacies, es taken by world fisheries (Figure for error that must be considered such as tuna, are rarely if ever con- 1). Mean estimates for all groups before attempting to use such es- sumed by marine mammals. In are indeed almost as high as or timates in a management context. light of these and many other dif- slightly higher than global report- We arrive at maximum estimates ferences in taste and accessibility, ed fisheries catches (although it of global mean food intake for the distinction between which food should be noted that total fish- baleen whales that are similar to types are targeted by marine mam- eries catches are likely underesti- those published previously (Insti- mals and which by fisheries war- mated (Pauly et al. 2002). To con- tute of Cetacean Research 2001a; rants serious attention. Based on vey—at least to some extent—the Tamura 2003). Although there are the approach described in the side- degree of uncertainty associated comparatively few of this species,2 bar at left, we specified the relative with these estimates, we have also baleen whales do, indeed, take the amount of nine different food types included minimum and maximum bulk of the total food consumed by

98 The State of the Animals III: 2005 Figure 1 Who Eats How Much?

Estimated mean annual global catch/food consumption of fisheries and major marine mammal groups during the 1990s (modified from Kaschner 2004). Error bars of marine mammal food consumption indicate minimum and maximum estimates based on different feeding rates (Leaper and Lavigne 2002). Total fisheries catches are probably closer to 150 million tons per year if illegal, unreported, and unregulated catches are taken into account (Pauly et al. 2002). Marine mammals’ food intake consisting of prey types that are also major groups targeted by fisheries are presented in red (mainly small pelagic fishes, miscellaneous fishes, and benthic invertebrates). Note that, although mean global food consumption of all marine mammals combined is estimated to be several times higher than total fisheries catches, the majority of food types the various marine mammal groups consume are not targeted by fisheries. consumed by major marine mam- Size—among Other readily digested than those of other mal groups and fisheries (Figure Things—Matters prey groups (Zeppelin et al. 2004). 2). The majority of all food con- Such biases may be addressed by Like all other parameters in the sumed by any marine mammal applying correction factors that basic food consumption model, the group consists of food types that compensate for differential effects marine mammal diet composition are of little interest to commercial of digestion on different prey types is affected by uncertainties. Prob- fisheries. Diets of pinnipeds and (Tollit et al. 1997, 2003). More seri- lems arise due to the difficulties dolphins appear to be most similar ous biases are introduced by the associated with obtaining diet infor- to global fisheries catch composi- predominance of stranded animals mation from sufficient sample sizes tion, while the diet of large in the overall sample. Such animals in the wild (Barros and Clarke toothed whales, which feed pre- may not be representative of the 2002). Diet composition estimates dominantly on large, deep-sea rest of the population, as they are based on stomach content analyses squid species not targeted by fish- often sick and/or their stomach tend to be biased toward cephalo- eries (Clarke, Martins, and Pascoe contents over-represent the coastal pods, as their hard parts are less 1993), shows the least similarity. components of their diet (Barros

Competition between Marine Mammals and Fisheries: Food for Thought 99 sonal variation in the diet composition of marine mammal species Modeling and Mapping of (Haug et al. 1995; Nilssen 1995; Global Fisheries Catches— Tamura 2001). The standardized diet composi- You Couldn’t Have Caught tion used here may be fairly robust to these sources of bias/uncertain- That There! ty, as the food type categories are very broad.3 However, due to these Until recently, the exact origin of fish- can serve to limit the available area biases, the similarity in food types eries catches of the world was most- where reported catches can be exploited by fisheries and marine ly unknown. The reasons were made within the large statistical area. mammals shown in Figure 2 is like- many, and where fisheries landing We developed and used a global ly to be even lower than suggested statistics exist (and they do, in some database of species distributions here,4 especially if other aspects, form, for the overwhelming majority based on published maps of occur- such as differences in prey size, are of the world’s fisheries), they usually rence (where available) or by using taken into consideration as well. suffer from a number of deficiencies. other sources of information to help Ignoring typical problems of miss- restrict the range of exploited taxa, ing/incomplete data and inconsistent notably water depth (for non-pelagic Who Eats How units of measure, one of their most species), latitudinal limits, statistical Much of What common weaknesses is that they areas, proximity to critical habitats are often quite vague, particularly (such as seamounts, mangroves, or WHERE? about the identity of the harvested coral reefs), ice coverage, and histor- The spatial overlap of resource taxa as well as the exact location ical records. In addition, we compiled exploitation is necessary for com- where they were caught. To over- large amounts of information de- petition to occur. In this section, come this problem, over the past scribing the access agreements we assess the degree of overlap four years, the Sea Around Us Pro- between fishing nations to the fish- between marine mammal food ject has developed a spatial alloca- eries resources of other coastal consumption and fisheries by com- tion process that relies on what countries based on formal bilateral paring on a global scale the areas might be called the application of agreements, existing joint ventures where marine mammals are likely common sense (in conjunction with between governments and private to feed to the areas in which most very large amounts of related data companies and/or associations, and fishing activities occur. stored in supporting databases) to the documented history of fishing assign the coarse-scale reported before the declaration of exclusive Where Are Fisheries? landings from large statistical areas economic zones by various coun- To illustrate where most human into the most probable distribution tries and other observations. The fishing activities occur, we used the within a global grid system with 0.5° intersection of these databases mapped distribution of global fish- latitude by 0.5° longitude cell dimen- with reported catches by countries eries for an average year during the sions (approximately 180,000 ocean from large statistical fishing areas 1990s (Figure 3) using a modeling cells). The basic assumptions are allows the allocation of fine-scale process described briefly in the that catches of a particular fish fisheries catches to individual spa- sidebar at left. As can be seen, the species (or other harvested taxa) by a tial cells. Predicted catch and bio- vast majority of fisheries catches is specific country cannot occur where mass distributions of taxa exploited taken along the continental shelves the reported species does not occur, by fisheries of the world can be of Europe, North America, South- and that they cannot stem from viewed online at www.seaaround- east Asia, and the west coast of areas where the country in question us.org, and average catch distribu- South America. Highest catches is not allowed to fish. Therefore, tion for the 1990s is shown in Fig- occur where continental shelves information about species distribu- ure 3. (This sidebar is generally are wide, such as the Bering, East tions and fishing access agreements adapted from Watson et al. 2004.) China, and North seas, or in highly productive upwelling systems, such as those that can be found along and Clarke 2002). Other, newer er et al. 2001; Lea et al. 2002; the west coasts of South America molecular methods, including sta- Grahl-Nielsen et al. 2003) analyses, and South Africa. However, despite ble isotope (Best and Schell 1996; also have biases (Smith, Iverson, the distant water fleets roaming the Hooker et al. 2001; Das et al. 2003) and Bowen 1997). Finally, there is oceans and the development of and fatty acid (Iverson 1993; Hook- substantial geographical and sea- deep-sea fisheries operating far off-

100 The State of the Animals III: 2005 Figure 2 Who Eats How Much of What?

Estimated mean annual global catch/food consumption of marine mammals and fisheries by nine major food types during an average year in the 1990s expressed as proportions of total (from Kaschner 2004). The percentages of different food types in marine mammal consumption were computed based on diet composition standardized across species (Bonfil et al. 1998). Corresponding percentages of different food types in fisheries catches were obtained by assigning individual target species/taxa to the appropriate food type category based on life history, size, and habitat preferences of the target species or taxa. Food types mainly consumed by marine mammals are presented in hues of blue and green, and food types that are major fisheries target groups are presented in yellows and reds. Note that food types primarily targeted by fisheries represent only a small proportion of the diet of any marine mammal group.

Competition between Marine Mammals and Fisheries: Food for Thought 101 shore, major fishing grounds gener- spend the majority, if not all, of suitability modeling approach, out- ally lie in close proximity to areas their time living and feeding in the lined in the sidebar below, to map with high human populations, off oceans. Except for a few species the likely occurrence of marine the coasts of industrial fishing that haul out on land during repro- mammal species based on the rela- nations. It is noteworthy that com- ductive seasons or have very small tive suitability of the environment, paratively little catch is taken off coastal ranges, distribution of given what is known about their the coasts of developing countries, marine mammals is not restricted habitat preferences. Based on our such as in East Africa or even the by the distance to the nearest land- predictions, most of the food that Indian subcontinent, where fish, mass or the climatic conditions marine mammals consume is taken caught mostly by small-scale fish- that largely influence the locations far offshore, in areas where the ers, still represents a major form of of fishing grounds and major majority of fishing boats rarely ven- sustenance and is often the only human settlements. Conversely, ture. Often cosmopolitan in their source of animal protein (Delgado many species occur predominantly distributions, the baleen and large et al. 2003). Moreover, the majority in geographic areas still largely toothed whale species, for example, of catches that are taken along the inaccessible and/or rarely frequent- likely are feeding mostly in the open coasts of developing countries (e.g., ed by humans, such as the ice- oceans. Due to the sheer size of the along the coast of northwest Africa) breeding seals of the Northern and feeding ranges of these species, are not harvested by local fishers, Southern hemispheres or many of consumption densities (annual food but rather by the large trawlers of the dolphin or whale species pre- intake per km2) are comparatively distant water fleets of industrial dominantly occurring in tropical low and fairly homogeneous across nations (Bonfil et al. 1998). offshore waters. Because of the large areas. Food intake of the vastness of the oceans and the elu- smaller dolphin species is even Where Are Marine siveness of many species, it is diffi- lower and appears to be concentrat- Mammals? cult to determine accurately where ed in temperate waters. Pinniped Unlike humans, marine mammals they occur and feed. food consumption, in contrast, are true creatures of the sea and Here we have used a novel habitat tends to be associated more closely

Modeling and Mapping Large-Scale Marine Mammal Distributions: We May Know More than We Think We Know... Delineation of marine mammal dis- be the maximum boundaries of a fer. Or put differently, the model rig- tributions is greatly hampered by the given species’ occurrence. We have orously defines the geographic vastness of the marine environment developed a rule-based approach to regions that experts describe when and the low densities of many map the distributions of 115 marine they talk about a “coastal, tropical species. Since marine mammals mammal species in a more objective species” (e.g., the Atlantic hump- spend the majority of their lives way by exploiting various types of backed dolphin) or a species that under water and roam widely quantitative and qualitative ecologi- “prefers offshore, polar waters” throughout oceans, it is difficult to cal information, including (but not (e.g., the hooded seal). Although the determine whether a species fails to limited to) expert knowledge and actual occurrence of a species will occur in a particular area or whether general observations (Kaschner depend on a number of additional we have not spent enough time 2004). Within a global grid (described factors, extensive testing of the looking for it or simply missed it in the sidebar on page 100) we used model shows that it can already when we did look there. All of these our model to relate quantitatively describe, even in its present simple factors contribute to the difficulties what is known about a species’ gen- form, known patterns of species we encounter when trying to map eral habitat preferences to the envi- occurrence quite well (Kaschner et distributions of any whale, dolphin, ronmental conditions in an area, thus al. in review; Kaschner et al. in or pinniped species. Consequently, effectively showing where the envi- prep.). The predicted distributions most published maps of distribution ronment may be suitable for a partic- for the 115 marine mammal species are tentative, often consisting only ular whale, dolphin, or pinniped considered here can be viewed of outlines, sketched by experts species, given what we know about online at www.seaaroundus.org. who represent what they believe to the types of habitat they tend to pre-

102 The State of the Animals III: 2005 Figure 3 Where Are Fisheries?

Map of predicted spatially explicit global fisheries catch rates during an average year in the 1990s, generated through spatial-disaggregation of reported annual catches in a global grid of 0.5° latitude by 0.5° longitude cell dimensions using a rule-based approach (sidebar on page 100) (based on data from Watson et al. 2004, with catches averaged over the last decade). Highest concentrations of fisheries catches are taken from Northern Hemisphere shelf areas and from the highly productive upwelling systems around western South America and Africa. Note open-ended scale of legend and that top fisheries’ catch rates (dark red) in some areas can amount to more than a thousand tons per km2 per year—more than one hundred times as much as the maximum marine mammal food consumption rates predicted anywhere in the world (Kaschner 2004). with coasts and shelf areas, with food intake rates that are related must consider not only how much feeding taking place mostly in the to a specific feature of our model- both players take where, but also polar waters of both hemispheres ing approach, which relies on glob- what they take. To assess this, we and the restriction to smaller areas al abundance estimates to gener- produced global maps showing the in combination with high abun- ate local densities and which overlap in resource exploitation dances of most species results in currently ignores, for example, the between the major marine mam- much higher, locally concentrated effects of population structure and mal groups and fisheries (Figure feeding densities. differences in the recovery status 4), using an approach that consid- Overall, the concentration of or relative abundance between ers not only the extent of spatial food intake in the higher latitude, individual subpopulations.5 and dietary overlap, but also the polar waters would be even more relative importance of a given area pronounced if seasonal migrations Where They Meet to either group (sidebar on page and feeding patterns of different Using the predicted geographic 105). Areas of overlap between species were incorporated into our distributions of marine mammal fisheries and marine mammal model, particularly those of baleen food consumption and fisheries groups are mostly concentrated in whales. We also need to stress that catches, we now investigate the the Northern Hemisphere and some areas of apparent high con- extent to which they overlap. appear to occur primarily between sumption, such as the South and Again, however, to address the pinnipeds and fisheries. In con- East China seas for the baleen issue of potential competition, we trast, fisheries’ overlap with baleen whales, represent overestimates of whales is relatively low, and pre-

Competition between Marine Mammals and Fisheries: Food for Thought 103 Figure 4 Where Do They Meet?

4A 4B

4C 4D

Maps of estimated spatially explicit resource overlap between baleen whales and fisheries (4A), pinnipeds and fisheries (4B), large toothed whales and fisheries(4C), and dolphins and fisheries (4D) (from Kaschner 2004). Maps were produced by computing a modified niche overlap index for each cell in the global grid (sidebar on page 105). The overlap index is based on a comparison of similarity in the composition of diets of marine mammal species and catches of global fisheries in a particular cell, as represented by the proportions of different food types taken by each player in this cell, then weighted by the proportion of total global catch and food consumption taken in the cell. Overall predicted overlap between any marine mammal group and fisheries is quite low from a global perspective, with only a few potential, isolated hot spots concentrated in shelf areas. Specifically, overlap between pinnipeds and dolphins is predicted to be higher in the Northern Hemisphere, while overlap between baleen whales and large toothed whales appears to be higher in the Southern Hemisphere. Compari- son with mapped fisheries catch rates suggests that areas of potential high conflict are largely driven by high concentrations of fisheries catches taken from relatively small areas. Predictions of high overlap in some areas, such as the northwestern Pacific for the baleen whales, are misleading because these are based on overestimates of food consumption in these areas. Overestimates are due to a specific feature of our modeling approach that does not account for the effects of population structure and varying degrees of depletion of different populations of the same species (Kaschner 2004). dicted hot spots in the western species and mesopelagic fish, not somewhat myopic. However, to put North Pacific are largely due to the currently exploited by fisheries. the size of the potential overlap biases associated with determining problem into perspective, we cal- food consumption discussed in the How Big of a Problem culated the proportion of food con- previous section. Partially due to Is That? sumption that stems from areas of dolphins’ comparatively low total Overlap between marine mammal predicted high overlap (Figure 5). food intake, the overlap between groups and fisheries is probably In the 1990s, on average, only fisheries and this group is quite low not a global issue but is restricted about 1 percent of all food taken and again mostly concentrated in to a few relatively small geographic by any marine mammal group was the Northern Hemisphere. Not sur- regions and a few species. consumed in areas with significant prising, the lowest overlap occurs The skewed perception of this spatial and/or dietary overlap with between fisheries and deep-diving, problem by nations in close vicini- fisheries catches, indicating that large toothed whales, whose diets ty to these hot spots of interaction both players should be able to co- primarily consist of large squid becomes understandable, if still exist quite peacefully in most of

104 The State of the Animals III: 2005 the world’s oceans.6 potential effects of the increasing The 10–20 percent of global fish- population of South African fur Biological eries catches taken in areas of seals on the hake stocks in this Complications potential high overlap represents a area (Wickens et al. 1992; Punt It is generally agreed that far more relatively significant amount, of and Butterworth 2001). These complex models are needed, incor- course. Recall, however, that over- and other hot spots will require porating many additional parame- lap does not automatically equal much more detailed investigation ters and requiring more, often still competition, and our results likely to establish the true extent of the unavailable data (DeMaster et al. over- rather than underestimate problem at hand. 2001; Harwood 2001; Internation- overlap for the reasons outlined in al Whaling Commission 2003) to the previous sections. Moreover, as shown by comparing the maps of food consumption and fisheries catches, areas of high overlap Spatial Overlap of Marine appear to be associated largely Mammal Food Consumption with areas of extreme concentrations of fisheries extractions, and Fisheries Catches: rather than locally concentrated food intake by marine mammals. Where They Meet It is therefore more likely for fisheries to affect marine mammal In assessing potential competition index of resource exploitation over- species adversely in these areas of between top predators in marine lap for each individual cell in our intense fishing than vice versa, as ecosystems, such as humans and global raster with 0.5° latitude by has already been suggested else- many marine mammals, the ques- 0.5° longitude cell dimensions. The where (DeMaster et al. 2001). For tion of who is eating/catching what index is a modified version of one species with large distributional where is very important, as this developed initially to investigate the ranges, such as the minke whale, greatly determines the degree of overlap in ecological niches the reaction to any potential local overlap between the two. This between two species (MacArthur depletion of prey species by fish- question could not be addressed— and Levins 1967), based on the eries may only be to shift to alter- at least not on a large scale—before comparison of similarity in resource nate feeding grounds. For those the development of mapping tech- exploitation of both species. Here, species with very restricted niques for marine mammal distribu- we compared the similarity in the ranges, such as the vaquita in the tions and fisheries catches, such as composition of diets of marine Gulf of California or South Africa’s those described in the sidebars on mammal groups and catches of Heaviside’s dolphins, such local pages 100 and 102. Thanks to our global fisheries in a particular cell depletions of food resources by novel approach for mapping large- represented by the proportions of intensive fisheries may pose seri- scale distributions of marine mam- different food types taken by each ous threats to the survival of the mal species, we were able to pro- player in this cell, then weighted the species. duce global maps showing where qualitative index of diet similarity by Overall, our analysis indicates specific species are likely to feed by the proportion of total global catch that potential competition may linking our predictions about the and food consumption taken in this be addressed better at a local likely occurrence of individual cell to get a sense of the relative level. We also note that most of species (sidebar on page 102) to the contribution of each cell to either the potential hot spots highlight- outputs from the basic food con- total marine mammal food con- ed by our approach are in areas sumption model (sidebar on page sumption or fisheries catches that have been the focal point of 98). Food consumption maps for (MacArthur and Levins 1967; Trites, much debate about marine mam- groups of species were then gener- Christensen, and Pauly 1997; mal-fisheries interactions, such ated by totaling food consumption Kaschner 2004)18. The resulting as in the Bering Sea, with the rates across all species within each maps (Figure 4) represent the area potential negative effects of U.S. group of marine mammals. To where conflicts between specific groundfish fisheries on the en- assess the degree to which there groups of marine mammals and dangered western population of may be conflict between fisheries fisheries may occur: both players Steller sea lions (Fritz, Ferrero, and marine mammals, we quantita- potentially are taking comparatively and Berg 1995; Loughlin and tively compared “who is likely tak- large amounts of similar food types York 2000) or the Benguela sys- ing what where” by computing an in the same geographic region. tem off southwest Africa, with the

Competition between Marine Mammals and Fisheries: Food for Thought 105 adequately address interactions with attempts to increase fisheries should speak of “food webs.”7 Fine- between marine mammals and catches by culling marine mam- ly patterned food webs do not func- fisheries—and the potential far- mals in those areas where compe- tion as efficiently as a simple food reaching effects of the removal of tition is most likely. chain would: much of the biomass top predators from marine ecosys- synthesized by phytoplankton fails tems (Ray 1981; Parsons 1992; to reach higher trophic levels and Pauly et al. 1998b; DeMaster et al. Beneficial is diverted instead into unproduc- 2001) in those areas where com- Predation: tive pathways, notably the so-called petition may occur. The assump- microbial loop. On the other hand, tions, structures, and data needed We May Be in this diversity of pathways protects for such models have been re- predators against the disappear- viewed extensively elsewhere for Surprises ance of any of their favorite prey (DeMaster et al. 2001; Harwood Although the term food chain is species (Neutel, Heesterbeek, and 200l; International Whaling Com- often used when describing the de Ruiter 2002). It is not surpris- mission 2003). However, here we feeding interactions underlying ing therefore that higher-level highlight the problems associated marine ecosystem structure, we predators, such as sharks or dol-

Figure 5 And How Big a Problem Is That?

Proportion of mean annual global catch/food consumption taken by baleen whales (A), pinnipeds (B), large toothed whales (C), and dolphins (D) in the 1990s in areas of predicted high or low resource overlap, respectively (from Kaschner, 2004). Note that in all cases more than 99 percent of all marine mammal food consumption stems from areas of very low overlap. Similarly, more than 85 percent of all fisheries catches are taken in areas of very low overlap (Kaschner 2004).

106 The State of the Animals III: 2005 Figure 6 We May Be in for Surprises

Schematic representation of beneficial predation: whale species A feeds on both prey species B and prey species C, the latter a commercially harvested species. In addition, prey species B also feeds on prey species C. This means that a decrease in whale species A actually may result in a net increase of predation on prey species C through B, resulting in an overall decrease of commercially harvested species C. Thus, a reduction in predators will not necessarily result in an increase in a particular prey species. phins, consume a wide range of the biomass of C to increase or be fishery enhancer will find him- prey and concentrate on distinct even for its production to become self ultimately culling 20-centime- species only in certain places or at available to a fishery. Rather, it is ter fish so that he can catch more certain times of the year. This fea- more likely that B (whose numbers 5-centimeter fish, thus competing ture of marine food webs is also the were also depressed by A) will with birds, squids, and jellyfish. reason why removing a higher-level increase and consume more of C Beneficial predation is not an ad predator does not necessarily lead (Walters and Kitchell 2001). If B hoc concept invented to discourage to an increase of what, at certain happens to be a species that fish- would-be cullers of marine mam- times and places, appears to be its eries do not exploit, this will result mals. Rather, counterintuitive re- “preferred” prey (Parsons 1992; in the production of C being wast- sults of removing high-level preda- Cooke 2002). Basically, predators ed from the standpoint of fishery tors from ecosystems have been well not only consume their favorite D. Indeed, to acquire the produc- demonstrated in various cases, prey but also the competitors and, tion of C, we would have to cull B based on a number of modeling in many cases, the predators of as well and so on ad infinitum. This approaches (Parsons 1992; Caddy their prey (Parsons 1992; Punt and conundrum has caused ecologists and Rodhouse 1998; Yodzis 1998, Butterworth 2001; Cooke 2002). to coin the term “beneficial preda- 2001; Crooks and Soulé 1999; This is illustrated schematically in tion”—that is, a form of predation Pauly, Christensen, and Walters Figure 6 in the form of a feeding wherein the predator (here, A) 2000; Punt and Butterworth 2001, triangle, representing a ubiquitous enhances the production of its prey Bjørge et al. 2002; Okey et al. 2004; feature of marine food webs. Here, (here, C) by suppressing potential Morisette, Hammill, and Savenkoff, a high-level predator, represented competitors or predators (here, B). submitted for publication).8 In fact, by a toothed whale (A), feeds on This effect is very common in it has been proposed as one reason two species (B and C), with C marine food webs. Indeed, essen- for a stagnation in global ground- being the preferred prey, which is tially all marine food webs can be fish landings since the 1970s, as it also exploited by commercial fish- conceived as composed of inter- is possible that the reduction of eries (D). B, however, also preys on linked sets of feeding triangles toothed whales and other high-level C (and other organisms—E, F, and shown schematically in Figure 6. predators that feed on desirable fish so on—of no concern here). In Removing what appears to be a top species but also on various squids, such cases, removing species A will predator in such cases only creates which in turn feed on juvenile not necessarily make it possible for new top predators, and the would- groundfish, has contributed indi-

Competition between Marine Mammals and Fisheries: Food for Thought 107 rectly—through an increase of Contrary to popular opinion, the cephalopod consumption of juve- Other Legitimate herrings, sardines, mackerels, and nile fish—to the inhibition of finfish Questions other species ground up to produce population recovery (Caddy and the fish meal that is fed to carnivo- Rodhouse 1998; Piatkowski, Pierce, Who Would Get rous fish are, when suitably handled, and Morais da Cunha 2001). the Fish? perfectly edible by humans and are indeed appreciated in many parts of Although this may seem beside the the world. These fish are increasing- How Much point, we must highlight the ques- ly hard to find in the markets of Culling—If Any— tionable use of world hunger as a developing countries, in areas such justification for culling marine as West Africa, where, being relative- Is Enough? mammals and subsequently target- ly cheap, they represented the major ing their prey.10 One important assumption in the source of animal protein for poor Though an estimated 950 million context of competition is that people (Naylor 2000).12 Given these people worldwide currently rely on marine mammal food consump- trends, and increasing fish exports fish and shellfish for more than tion increases directly with marine from developing to developed coun- one-third of their animal protein mammal abundance. Though this tries, it would be completely unreal- (Plagánzi and Butterworth 2002), is obviously true in general,9 other istic to assume, and disingenuous to the per capita supply of wild-caught factors, such as the vulnerability of claim, that the meat of culled fish for human consumption has prey species to predation (Mackin- marine mammals or that of their been declining since the mid- son et al. 2003), the ability of the former prey would become a substi- 1980s, particularly in developing predator to switch between prey tute for the fish that is now export- countries.11 This is due in part to species, and movements of animals ed from countries where people “do overfishing, which has led to the between different areas, greatly not have adequate food” (Institute decline of global catches since the influences how much a given of Cetacean Research 2001b). late 1980s (Watson and Pauly 200l; species eats in a specific area. The Indeed, it is precisely the low pur- Pauly et al. 2002, 2003), but also to flip side of this, then, is that it may chasing power of the people in these human population growth. Indeed, be impossible to determine exactly countries that prevents them from no natural resource, including wild- how many animals would need to competing successfully with fish caught fish, could ever meet our be culled to achieve the desired meal producers and fish feedlot ever-growing demand. We will not increase in fisheries catches. A operators. elaborate on the fact that of the study investigating this showed 120–150 million or so tons of fish that, even for a very simple food and invertebrates killed annually by web, many likely scenarios existed Are We Simply fisheries, only about half is actually in which consumption of a given eaten by people: about thirty mil- Looking for prey species by a marine mammal lion tons of bycatch are discarded species would only decrease Scapegoats? or killed by lost gear (ghost fish- noticeably if the predator popula- Unlike earlier fisheries declines, ing), while a huge amount is lost to tion was reduced by more than 50 which passed mostly unnoticed by spoilage (Ward and Jeffries 2000) percent (Cooke 2002). Given the the general public, the massive and during processing (e.g., gut- wide-ranging movements of most fisheries collapses of the last ting, filleting) (Bykov 1983) or left species and the fact that fish and decades had a broad public impact, uneaten, in richer countries, at the marine mammals tend not to so they have generated widespread edge of consumers’ plates. Another respect human management calls for mitigation (Food and Agri- thirty million tons, however, are fed boundaries, it is highly question- cultural Organization of the United to various livestock (Pauly et al. able that we would ever be able to Nations 1995). In particular, peo- 2002) and carnivorous fish— manage marine mammal popula- ple have noted that fisheries man- notably salmon, sea bass, groupers, tions in a manner guaranteed to agement has tended so far to focus and tuna—in fish farming indus- produce a measurable, long-term on single stocks, thus neglecting tries, which are one of the driving increase in fisheries catches. feeding and other interactions factors behind the increased fish among different species/stocks and exports from developing to devel- their dependence on the health of oped countries, especially to the their ecosystems. There have been, United States, the European as a result, increasing demands for Union, and Japan (Naylor 2000; ecosystem-based fisheries manage- Alder and Watson, in prep.). ment, or even “ecosystem manage-

108 The State of the Animals III: 2005 ment.”13 The scientific community find a convenient scapegoat for the culled, and, indeed, saving seabirds has accepted this challenge, and, mismanagement of fisheries (Holt from death (e.g., by entanglement for the last few years, a lively scien- 2004) and the reduction of catch- in fishing gear) is one of the few tific debate has been conducted in es caused by excess fishing effort conservation-related activities that many national and international throughout the world. This puts is never disparaged in public, even arenas on this topic. The principal the following quotation in context: though it greatly affects the man- questions asked deal with how to The FAO considers that we can- ner in which some fisheries opera- implement such a broad form of not increase the harvest from tions are conducted. management and how to identify the ocean if we continue present Clearly, if those proposing a suitable indicators and formulate practices. To increase the catch global attack on marine mammals fisheries target and reference from the ocean, holistic man- were consistent, they also should points within an ecosystem con- agement and sustainable utiliza- propose that we go after the sea- text.14 This includes the challenge tion of marine resources includ- birds. More important, we should of achieving set conservation objec- ing marine mammals, such as eliminate all large fish as well, tives for predators of species target- whales, is essential. (Institute of since they eat immense numbers ed by fisheries (Constable 2001). Cetacean Research 2001a, n.p.) of other fish, shrimps, and squids, Those who advocate a broad- This, indeed, is a beautiful exam- generally far more than taken by based attack on marine mammals, ple of a non sequitur: yes, we can- marine mammals and seabirds on the other hand, behave as if they not increase landings “if we contin- (Livingston 1993; Trites, Chris- already have the answers. Because ue present practices.” But the tensen, and Pauly 1997). Indeed, most fish stocks of the world have present practices are character- the greatest predators of fish are been overexploited (including those ized by waste (e.g., bycatch [North- other fish (Trites, Christensen, and on which marine mammals rely), ridge 1984, 1991; Alverson et al. Pauly 1997; Furness 2002). But the mantra coming from this latter 1994], discarding [Alverson et al. again we are eliminating large group is that all we have to do is 1994] ghost fishing [Breen predatory fish anyway, as we fish remove marine mammals until the 1990]), and pathological manage- down marine food webs, reducing original balance is re-established. ment structures (e.g., excess fish- high-level predator biomasses as Here is a quote to that effect: “When ing capacity [Mace 1997] and sub- we go along (Pauly et al. 1998b; a single species is protected, ignor- sidies [Munro and Sumaila 2002]), Christensen et al. 2003; Myers and ing its role in the ecosystem, the bal- and these are the practices that, all Worm 2003). Nevertheless, overall ance in the ecosystem is disrupted” experts agree, must be overcome, catches are decreasing,16 notably (Institute of Cetacean Research rather than killing more whales, because, in the process, we are 2001b, n.p.). Albert Einstein is sup- even if we think holistically. eliminating beneficial predation. posed to have noted that “all complex problems have one simple solution; however, it happens to be And How about Conclusions completely wrong.” Here, not only the Birds? We have shown that, even though have the fish been overexploited, but marine mammals consume a large No one has proposed (so far!) so have the marine mammals. Given quantity of marine resources as a killing all seabirds to increase fish reduced fishing pressure, fish can be whole, there is likely relatively little available for human consumption. expected to recover faster15 than actual competition between “them” There are millions of seabirds in marine mammals (Best 1993; Trites and “us” from a global perspective, the world, consuming massive et al. 1999), given their respective mainly because they, to a large amounts of fish, squid, and other reproductive abilities. Indeed, all extent, consume food items that we valuable invertebrates. Although recent evidence confirms that do not catch in places where our birds tend to weigh little individu- baleen whales are far less abundant fisheries do not operate. This is not ally, their high metabolic rate leads than they were historically (Brown- to say that there may not be poten- to very high food consumption ell, Best, and Prescott 1983; Perry, tial for conflict in the small geo- rates (Ellis and Gabrielsen 2002). DeMaster, and Silber 1999; Clap- graphic regions in which marine Thus, in the aggregate, seabirds ham, Young, and Brownell 1999; mammal food consumption overlaps have been estimated to consume Clapham and Baker 2002; Holt with fisheries. These areas warrant 50 to 80 million tons of fish and 2002). Re-establishing the disrupted further investigation. But even in invertebrates per year (de L. balance of ecosystems is therefore these cases, it seems likely that the Brooke 2004), at least half of what hardly a simple matter of reducing most common type of competitive humans kill annually. Yet no one whale numbers. interaction will be one where fish- has proposed that seabirds be What we have is an attempt to eries have an adverse impact on

Competition between Marine Mammals and Fisheries: Food for Thought 109 marine mammal species, especially Notes nature_china/30jan02.asp. . l2 those with small, restricted distribu- 1Granted, in combination with some fairly Another example: Chilean sardine, once sophisticated spatial modeling techniques a staple food, is now scarce on Chilean mar- tional ranges (DeMaster et al. 2001; (Kaschner 2004; Kaschner et al. in review; kets, because most of the catch is ground up Holmes 2004; Kaschner 2004). Our Kaschner in prep.; Watson et al. 2004). into fish meal to feed an export-oriented analysis clearly shows that these are 2 We estimated only about 1 million baleen salmon industry so huge that it has consumed whales worldwide, versus about 35 million pin- the bulk of the stocks of small pelagic fish isolated, regional issues to be nipeds and 16 million dolphins (Kaschner once available in the rich waters of that coun- addressed at the appropriate scale, 2004). try (Fulton 2003). Our last example is the and that there is no evidence that 3That is, the effects of a species switching rapid development in several Mediterranean between feeding on 50 percent herring and 50 countries of massive tuna feedlot operations food competition between marine percent capelin in different seasons or in dif- in which immense quantities of the sardine mammals and fisheries is a global ferent areas of its range can be ignored, and other small fish much appreciated around problem, even when the uncertain- because it would still have a proportional diet the Mediterranean are used to fatten tuna, composition consisting of 50 percent of the which are then flown to Japan, where, like ties associated with the available “small pelagics” food type. salmon, they enter a developed-country luxu- information are considered. Thus, 4For example, though the “diet” of both a ry market (Aguis 2002). 13 there is little basis to blame marine fishery and a marine mammal species may For example, at the World Summit on consist of 50 percent “small pelagics,” the Sustainable Development held in Johannes- mammals for the crisis world fish- fishery may be targeting different small pelag- burg, South Africa, in 2002, organized by the eries are facing today. There is even ic species from those consumed by the marine United Nations Commission on Sustainable less support for the suggestion that mammal. Development (www.johannesburgsummit.org). 5As a result, in the North Pacific, for exam- 14For example, at the Quantitative Ecosys- we could solve any of these urgent ple, the healthy and growing Eastern subpop- tem Indicators for Fisheries Management global problems, caused by a long ulation of eighteen to twenty thousand gray symposium, Paris, 2004, organized by the IOC history of mismanagement of fish- whales that feeds and breeds along the Pacific International Ocean Commission/Committee coast of North America (Angliss and Lodge at UNESCO headquarters (www.ecosyste- eries and other resources, by reduc- 2002; Perryman et al. 2002; Wade 2002) effec- mindicators.org). ing marine mammal populations. tively “subsidizes” the highly depleted West- 15As they did, for example, during World We may spend some time, however, ern subpopulation. This latter subpopulation War II in the North Sea, which was mined and historically occurred all along the coasts of too dangerous to fish (Beverton and Holt thinking about the fact that marine Russia and Japan and probably as far down as 1957). mammals—and other top preda- the East China Sea, but is now on the brink of 16Given that biological production is tors—have been managing marine extinction, reduced to barely a hundred ani- greater at lower than at higher trophic levels mals concentrated in the Sea of Okhotsk (TL), fisheries catches, initially at least, will resources successfully, consuming (Weller et al. 2002a,b). tend to increase when TL decline (i.e., when larger amounts than those taken by 6When viewed from the perspective of fish- the fisheries target species is lower in the food global fishing operations today, for eries, the overlap is slightly more pronounced, web) (Pauly et al. 1998b). This led to the sug- with less than 15 percent of all fisheries catch- gestion of an FiB index, which, given an esti- millennia. Unlike us, they appear to es likely being caught in the areas that show mate of the biomass (or energy) transfer effi- have done so sustainably, without up as hot spots on our maps (Kaschner 2004). ciency (TE; often set at 0.1[Pauly and causing their prey species to col- 7Thus, the basic food produced at the bot- Christensen 1995]) between TL, maintains a tom of marine food webs, mainly by minute value of zero when a decrease in TL is lapse. Perhaps we could learn some- phytoplankton, is consumed by herbivores of matched by an appropriate catch increase thing from them. It’s food for various sizes, some with a narrow range of pre- (and conversely when TL increase) and devi- thought. ferred algal species, while others, facultative ates from zero otherwise. The FiB index is herbivores, also consume fellow zooplankters. defined, for any year y, by From there, the pathways that biomass can FiBy = log{[Yy · (1/TE)TLy] / [Yo · follow along the food web branch even further, (1/TE)TLo]} Acknowledgments leading to small fish or large zooplankton, where Yy is the catch at year y; TLy is the both consumed by larger fish or invertebrates, mean trophic level of the catch at year y; Yo is We acknowledge funding provided themselves consumed by a wide array of high- the catch and TLo is the mean trophic level of for this report by The Humane er-order predators. the catch at the start of the series being ana- Society of the United States 8Incidentally, the trophic dynamic software lyzed (Pauly et al. 1998b). Note that the FiB package Ecopath & Ecosim, widely applied to index is designed so that it does not vary dur- (HSUS). The underlying research construct, balance, and analyze marine food ing those periods when changes in TL are was conducted as part of the “Sea webs and often used to investigate the effects matched by catch changes in the opposite Around Us” Project, with funding of beneficial predation, was also used recently direction, that is, periods within a time series by ardent advocates of massive culls based at where the FiB index does not appear to provided by the Pew Charitable Japan’s Institute of Cetacean Research. They change. Conversely, an increase of the FiB Trusts of Philadelphia, Pennsylva- conveniently failed to notice this feature of index indicates that the underlying fishery is nia, and via Daniel Pauly by the the software, however. expanding beyond its traditional fishing area 9That is, many whales will eat more than (or ecosystem), while a decrease indicates a National Science and Engineering no whales at all. geographic contraction, or a collapse of the Research Council of Canada. Addi- 10An example of a quotation: “Whaling can underlying food web, leading to “backward- tional support for Kristin Kaschner contribute to the world food shortage and bending” plots of TL vs. catch (Pauly et al. environmental protection in several ways. [...] 1998b). All applications done so far of the FiB was provided by a “Li Tze Fong” whaling is a means of obtaining high quality index indicate that once an area is extensively graduate fellowship and a partial food from the sea without diminishing biodi- fished, “fishing down” (i.e., removing preda- university graduate fellowship from versity and,[...] may allow more fish to be tors) does not increase catches as much as directed to human use” (Institute of would be predicted from the higher produc- the University of British Columbia. Cetacean Research 2001a). tion at lower trophic levels, so, based on the 11Available at: www.fao.org/fi/statist/ FiB index as well, removing top predators from marine food webs appears not to be an

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Competition between Marine Mammals and Fisheries: Food for Thought 117 Chimpanzees in Research: Past, Present, 9CHAPTER and Future

Kathleen M. Conlee and Sarah T. Boysen

Introduction himpanzees have been used conservation issues, and pursuit of across equatorial Africa, from Sene- in research in the United their legal rights (Cavalieri and gal, Mali, Sierra Leone, Côte CStates since the 1920s Singer 1993; Wise 2000, 2002). d’Ivoire, Ghana, Nigeria, Cameroon, (Brent 2004), with their breeding Why is there particular interest and Gabon in West Africa; the cen- and use highlighted in the 1980s as in the use of chimpanzees in tral African countries of Congo, a model for acquired immune defi- research? They are the only apes Equatorial Guinea, the Central ciency syndrome (AIDS) research. (of both great and small) used in African Republic, the Democratic However, the use of chimpanzees in biomedical research and testing in Republic of Congo, Uganda, and harmful research has come to be the United States, and much has Burundi; and Tanzania in east questioned throughout the world, been learned about their emotion- Africa. Chimpanzee social structure based on both ethical and scientific al lives and intelligence over the has been observed to include nearly concerns. Public support for chim- last several decades.1 every type of relationship seen panzee research has been declining Although the welfare of chim- among different primate species, over time (National Science Board panzees encompasses many issues, including multimale or multifemale 2002), costs of using chimpanzees this chapter addresses their use in groups, bachelor groups, male/ in research have been rising, the research, including their historical female breeding pairs, a mother number of chimpanzees in laborato- and current use in the United and her infant, or a female and her ries (including in the United States, ethical and scientific con- offspring of various ages. States) has been declining, and leg- cerns, public opinion, international In general, chimpanzee social islation and policies prohibiting the legislation, and future directions. organization is described as a fis- use of great apes in research have sion-fusion society, with individuals been on the rise internationally. or small groups leaving and then These trends may indicate an end to The Species periodically rejoining the group. the use of chimpanzees in research Chimpanzee Like many primate species, chim- in the United States and abroad in panzees give birth to a single the near future. Other than (Pan troglodytes) infant, who may nurse for four to increased attention to the use of Chimpanzees are members of the five years, so the offspring have an chimpanzees in research, animal taxonomic order primates and the extended period of maturation and protection groups, conservationists, great ape family (Pongidae), which learning. Males remain in their lawyers, and others are focusing on also includes gorillas (both lowland natal group for their entire life, issues related to chimpanzees as and mountain subspecies), orang- while females of reproductive age well, including their use in enter- utans, and bonobos (formerly emigrate and take up residence in tainment, hunting of them in the referred to as pygmy chimpanzees). neighboring communities. These wild for food (known as “bush- The natural habitat of the chim- sex-related behavioral strategies meat”) and the pet trade, general panzee is a range of countries thus serve as a natural incest taboo

119 and help maintain genetic diversity • Studies that suggest chim- within and among different chim- Chimpanzee panzees, like humans, under- panzee groups in a given area. Male Intelligence stand that other chimpanzees chimpanzees maintain order and Cognitive and behavioral research may have the same or differ- position in their groups through a with chimpanzees, including both ent set of beliefs, desires, and dominance hierarchy and often field studies and captive work over knowledge from their own, a form coalitions of two to three the past forty years in particular, capacity formerly believed to males who co-rule the group. have taught us much about the be unique to humans (e.g., Females, however, are not as social remarkable capabilities chim- Hare, Call, and Tomasello with other females as males are panzees share with humans. These 2001; Tomasello and Call with males, although a dominance include: 1997). structure does exist among them. • An extensive list of some thir- Clearly, the evidence demon- Exceptions have been observed, ty-nine-plus types of tool use strates that the chimpanzee is a even to the point of a female who in the wild (e.g., Goodall species whose genetic, morphologi- participated in cooperative hunt- 1968; McGrew 1992; Whiten cal, anatomical, neurological, bio- ing with the males of her group, et al. 1999) chemical, behavioral, and cognitive although most of such opportunis- • Complex processing capacities similarity to humans is unique tic predation on small mammals for acquiring concepts such as among all other species living today. (including monkeys such as the “same vs. different” (e.g., red colobus) has typically occurred Premack and Premack 1983) among all-male groups. • Numerical skills, including Chimpanzee Like many nonhuman primates counting abilities, that are Emotions and whose habitats are being en- comparable in chimpanzees’ croached upon, the chimpanzee is development as they are in Motivation listed as “endangered” in the wild young children (e.g., Boysen During the past several decades, under the U.S. Endangered Species and Berntson 1989; Matsuza- much has been learned about the Act. Some estimates are that only wa 1985a) chimpanzee’s motivation and capac- 110,000 animals remain across • Productive use and compre- ity for emotional expression. Empir- Africa. However, unlike any other hension of symbolic language- ical studies under controlled condi- species on the list, the chimpanzee like systems of several types, tions in captivity have documented is the only species that is cross-list- including signed English based that the emotional range of chim- ed as “threatened” in captivity, on American Sign Language, panzees is quite comparable to that thereby given less protection from visual symbol systems such as observed in humans, with consider- certain types of biomedical and plastic shapes that stand for able overlap in facial expressions invasive research. Consequently, words, or graphic symbols that (Parr, Dove, and Hopkins 1998; Parr the “threatened” status of the cap- are computer-interfaced to dis- 2001, 2003). These include expres- tive population permits procedures play the word-like symbols cho- sions exhibited during laughter; and other activities that are not sen and the order in which under conditions of fear, anger, or legally permitted with wild chim- they have been selected (e.g., sadness; and a range of grimaces panzees. If chimpanzees were list- Matsuzawa 1985b; Premack observed in human neonates, such ed solely as endangered, the types 1986; Savage-Rumbaugh 1986; as disgust or pleasure in response to of research that are currently Gardner, Gardner, and van odors and/or taste. allowable could simply not be Cantfort 1989) Observations in both wild and done. Currently, only a few coun- • Extensive skills with problem captive settings suggest that chim- tries other than the United States, solving of all kinds observed in panzees are subject to some of the including Gabon, Liberia, and both the wild and under exper- same types of behavioral and emo- Japan (although a ban is in prepa- imental conditions in captivity tional pathologies as have been ration there), permit biomedical (e.g., Matsuzawa 1985b; observed in humans, including research on chimpanzees. Chim- Limongelli, Boysen, and Visal- depression, various neuroses, anxi- panzee research is not permitted berghi 1995; Kuhlmeier and ety, and even grief to the point of in the United Kingdom, Sweden, Boysen 2002) death (Goodall 1986). It is typical- Australia, New Zealand, or the • Recognition of kin relation- ly easy, especially for young chil- Netherlands (although not formal- ships based on comparing dren, to watch chimpanzees in a ly declared by each country, no photographs alone of chim- zoo or sanctuary and recognize European Union countries conduct panzees and their offspring that the animals are playing tag or research on chimpanzees). (Parr and de Waal 1999a) play-fighting or that a disagree-

120 The State of the Animals III: 2005 ment has occurred between ani- panzee behavior, including a range bers, spinning in giant centrifuges, mals, with resultant real fighting. of observations that included social and use of shock as punishment The overlap among behavioral and interaction, play, sexual activity, while training (Save the Chimps emotional expressions between diet, morphology, anatomy, emo- n.d.). In January 1961 a chim- humans and chimpanzees is quite tional states, facial expressions, panzee named Ham was placed on a dramatic, such that even very vocalizations, and intelligence. ballistic trajectory flight and forced young children are able to interpret Yerkes’s work was critical to the to perform a motor task through- often complex social interactions emergence of primate studies in the out the flight for which he had been among chimpanzees quite accu- United States. His burgeoning labo- trained. In November 1961 a sec- rately. (There are notable excep- ratory moved first to Orange Park, ond chimpanzee, Enos, orbited the tions, however, such as differences Florida, in 1930 and then to Emory earth twice and was forced to per- in the two species’ respective University in Atlanta, Georgia, in form a more complex task (NASA “smiles”—a chimpanzee “smiling” 1965 where, as the Yerkes National 2004). Unfortunately, through a with upper and lower teeth showing Primate Research Center, it remains malfunction in equipment, Enos is expressing fear, for example.) today (Yerkes National Primate received a shock for every correct Research Center n.d.). In addition maneuver he made, which contra- to his numerous books on apes, dicted the 1,263 hours of training The History of including chimpanzees, Yerkes con- he had undergone (NASA 2004; U.S. Chimpanzee tributed a wealth of scientific papers Save the Chimps n.d.); despite the to the emerging literature. Yerkes’s shocks, Enos continued to com- Research: books and journal articles remain an plete the task correctly. important source for researchers, After some Air Force chimpan- 1920–1979 particularly for those whose inter- zees were sent into space, they were Chimpanzee research began with ests are in chimpanzee cognition reassigned to other projects, such the work of Robert M. Yerkes of Yale and behavior. He was the first to as testing seat belts. In the 1970s University, who established a labo- study many phenomena in chim- the Air Force no longer used chim- ratory at his rural home in the early panzees of great importance to the panzees but did lease them out for 1920s with two purchased chim- field of primatology and is consid- biomedical research studies (Save panzees (Yerkes and Learned ered to be one of the fathers of pri- the Chimps n.d.). In 1975 the Con- 1925). His early writing about matology in the United States. vention on International Trade in these animals, a male and a female, In the 1940s the focus at Yerkes Endangered Species (CITES) was explored a wide range of behavioral National Primate Research Center adopted, which greatly restricted and intellectual capacities ob- shifted from the study of behavior importation of chimpanzees from served both directly and indirectly to the study of infectious disease the wild. This prompted a captive- as the young chimpanzees devel- (Committee on Animal Models in breeding effort within the United oped. He was particularly interest- Biomedical Research 1995). The States, which has been federally ed in and wrote fairly extensively use of chimpanzees for the study of funded since 1986 (Brent 2004). about the differences he noted infectious disease has increased between the two animals and, at ever since, particularly in hepatitis the time, attributed such to sex dif- and human immunodeficiency Chimpanzee ferences. However, it was later con- virus (HIV), and continues at a Research: 1980 firmed that Yerkes actually had one number of facilities (Table 1). chimpanzee (Pan troglodytes) and In the 1950s the U.S. Air Force to the Present one bonobo (Pan paniscus), so created a research and breeding many of the differences he attrib- program with sixty-five wild-caught AIDS Research uted to sex may actually have been chimpanzees to determine the in the 1980s species differences. This was partic- effects of space flight on humans During the 1980s there was a dras- ularly notable with respect to dif- (Brent 2004; Save the Chimps tic increase in chimpanzee re- ferences in vocalizations, although n.d.). The aeronautics research search, primarily prompted by the many other behavioral traits were involved subjecting chimpanzees to human AIDS epidemic. A massive also confounded by reporting them a number of stressors during train- breeding effort was launched in as sex rather than species differing as well as the obvious stressors 1986 (National Research Council ences (Yerkes and Learned 1925). associated with being launched 1997), and in 1992 scientists repre- Despite this misguided start, Yerkes into space. These stressors includ- senting animal welfare and AIDS and his wife contributed several of ed exposure to G forces, loss of con- research interests met to discuss the first descriptions of chim- sciousness in decompression cham-

Chimpanzees in Research: Past, Present, and Future 121 Table 1 U.S. Facilities Housing Chimpanzees: Types of Research and Numbers of Animals

Facility* Location Type Total Number Number of of Research of Chimpanzees NCRR-Supported Chimpanzees3

New Iberia New Iberia, La. Breeding, vaccine research, drug Research Center efficacy 3501 130

Alamogordo Alamogordo, N.M. Behavioral 2751 270 Primate Facility

Southwest San Antonio, Tex. Vaccine and drug testing, hepatitis, 2501 15 National Primate Alzheimer’s, HIV Research Center

Yerkes National Atlanta, Ga. HIV, behavioral, neuroscience, 1971 75 Primate Research reproduction Center

M.D. Anderson Bastrop, Tex. Breeding colony, hepatitis, 1541 105 Cancer Center infectious disease

Primate Mesa, Ariz. Behavioral, reproductive, research 751 74 Foundation supply of Arizona

Bioqual Rockville, Md. Hepatitis, respiratory viruses 632 Not mentioned

Centers for Atlanta, Ga. Hepatitis 142 Not mentioned Disease Control and Prevention

Food and Drug Rockville, Md. 112 Not mentioned Administration

Ohio State Columbus, Ohio Behavioral, cognitive (noninvasive) 111 0 University

Language Decatur, Ga.Behavioral (noninvasive) 42 Not mentioned Research Center, Georgia State University

Chimpanzee and Ellensburg, Wash. Behavioral (noninvasive) 42 Not mentioned Human Commu- nication Institute, Central Washing- ton University

*This is not meant to be an exhaustive list of the types of research being conducted at each facility. 1 According to the International Directory of Primatology. 2 According to Goodall et al. 2003. 3 According to a presentation given by J. Strandberg at the American Association of Laboratory Animal Science (AALAS) conference in 2003. The remaining chimpanzees are not federally owned, but the facilities may still receive federal funding for research.

122 The State of the Animals III: 2005 the use of chimpanzees in human The Humane Society of the Unit- Some grants extended over as immunodeficiency virus (HIV) ed States (HSUS) examined U.S. many as twenty-five years; there- research (van Akker et al. 1993). At Public Health Service (PHS)-fund- fore, data for each year reflect both that time, the group acknowledged ed grants that involved captive ongoing research and newly funded there were some areas of HIV re- chimpanzees in HIV research in projects. In 1980 three PHS-fund- search for which chimpanzees were some way (including breeding for ed studies involved the use of chim- not necessary, such as prevention of HIV research), beginning in 1980. panzees in HIV-related research. maternal-infant transmission and physiological safety tests for vaccine development. The group advo- Table 2 cated for alternatives, such as using Public Health Service-Funded Grants: monkeys, but it emphasized that HIV Research Involving Captive some of the suggested approaches engendered animal welfare con- Chimpanzees cerns as well. The group considered other factors related to HIV re- Year Number Types of HIV Research search on chimpanzees, such as of Grants housing conditions, and concluded that not allowing chimpanzees in 1980 3 Receptors HIV research to interact socially Vaccine safety Chimpanzee housing with other chimpanzees or humans “is both unnecessary and unethi- 1984 5 Receptors cal” (van Akker et al. 1993). The Vaccine safety Chimpanzee housing group advocated the use of environ- Transmission of HIV mental enrichment (innovative ways to enrich the lives of chim- 1988 17 Receptors panzees that promote natural be- Vaccine safety Chimpanzee housing havior) and housing that allows the Transmission of HIV chimpanzees to express natural Vaccine efficacy locomotor behaviors. Chimpanzee breeding/management It is not known whether HIV sur- 1992 18 Receptors vives in chimpanzees, but we do Vaccine safety know that the animals do not devel- Chimpanzee housing op the AIDS-related complex seen Transmission of HIV Vaccine efficacy in humans (Balls 1995; Nath, Schu- Chimpanzee breeding/management mann, and Boyer 2000). There is, Immune response however, a specific strain that is pathogenic in chimpanzees and 1996 20 Receptors Vaccine safety typically takes up to ten years to Chimpanzee housing progress to AIDS-like symptoms. Transmission of HIV Great controversy has arisen over Vaccine efficacy whether chimpanzees should, in Chimpanzee breeding/management Immune response fact, be challenged with that partic- HIV progression and pathogenesis ular strain (Nath Schumann, and Genetic inoculation Boyer 2000). Some members of the 2000 23 Receptors research community have strongly Vaccine safety opposed the idea, some publicly Chimpanzee housing (Prince et al. 1999). Over time, Transmission of HIV however, it has been determined Vaccine efficacy Chimpanzee breeding/management that the chimpanzee is a poor HIV progression in young chimpanzees model for HIV research, and some Infection with strain most virulent in chimpanzees researchers argue that the use of Cell-based immunotherapy chimpanzees is not likely to lead to 2004 7 Chimpanzee breeding/management a cure for AIDS (Reynolds 1995). Gene expression in infected chimpanzees Despite this, HIV-related research Vaccine development in chimpanzees continues.

Chimpanzees in Research: Past, Present, and Future 123 Figure 1 Chimpanzee Research Grants, 2000–September 2004

This number increased to five Chimpanzees and ties in the United States as of grants in 1984 and jumped to sev- Research Facilities 2005. Table 1 provides a list of re- enteen in 1988. The next few years search facilities that as of 2005 resulted in an increase in these in the United States housed chimpanzees, some areas grants, to twenty-three in 2000, According to Stephens (1995), there of research conducted at each but this number fell to seven were approximately 1,800 chimp- facility, and the number of chim- grants in 2004 (Table 2). As of anzees in fourteen biomedical and panzees (if known) at each facility. 2001 150 chimpanzees had been behavioral research facilities in the The majority of captive research infected with various strains of HIV, United States in 1993. In 2001 a chimpanzees are housed at six bio- but only four had had evidence of National Institutes of Health (NIH) medical facilities. Information re- “progressive HIV infection,” and report to Congress identified 1,584 garding the number of chim- one of the four had progressed to chimpanzees, including 614 who panzees and chimpanzee research AIDS (Muchmore 2001). AIDS were government owned, who may facilities in the United States was research on chimpanzees (includ- have been used in federally support- also supported by a census con- ing colony maintenance) has been ed or conducted research and were ducted and reported by the Great conducted primarily at Yerkes housed in thirteen biomedical and Ape Project (Goodall et al. 2003). National Primate Research Center behavioral research facilities in the A review of the literature pub- (Atlanta, Georgia), Southwest United States (National Center for lished during 2001 and included in National Primate Research Center Research Resources 2001). Since the National Library of Medicine (San Antonio, Texas), New Iberia that time approximately 266 chim- and PrimateLit databases revealed Primate Research Center (New panzees formerly owned by a bio- that of the 4,411 studies worldwide Iberia, Louisiana), and the M.D. medical research facility in Alam- involving nonhuman primate re- Anderson Cancer Center Science ogordo, New Mexico, were search, nine involved the use of apes Park (Bastrop, Texas) (Table 2). transferred and are now being cared (Carlsson et al. 2004). Overall, it for by a sanctuary organization was estimated that 41,000 primates based in Florida. It was estimated were used, although the specific that there were approximately number of great apes represented 1,300 chimpanzees in twelve facili-

124 The State of the Animals III: 2005 by these studies is unknown, partic- can also cause pain and distress. mals live in large social groups of ularly because not all publications Invasive research, in general, raises eight to 20 individuals. The type of specify the number of animals used particular concerns regarding housing used depends on the partic- (Carlsson et al. 2004). Some stud- chimpanzee welfare in captivity. ular institution and the type of ies, particularly those from private- research being conducted. Chim- sector organizations such as phar- Chimpanzee Housing panzees who live in groups also can maceutical companies, are not and Care be separated for a period and placed published (Carlsson et al. 2004) at Individuals who have worked closely on research protocols that involve all. These data suggest that a review with chimpanzees in research single housing. The likelihood of of the published literature may not report that those used in many inva- this depends on several factors, in- produce reliable information about sive protocols are typically housed cluding the specific institution, the the actual number of chimpanzees alone in cages required by USDA type of research conducted there used in research, consequently standards to be only five feet by five (whether study animals could infect requiring reliance on other sources feet by seven feet, with twenty-five others if they were housed togeth- of information. square feet of floor space. This can er), and precedents within the insti- be compared to the interior of an tution that may not be necessary Research in Which elevator (Figure 2). Cages are typi- for the specific study but instead Chimpanzees Are Used cally constructed from steel and, in reflect the culture of the institution. Chimpanzees are most commonly some cases, include a perch for rest- An analysis of chimpanzee re- used for hepatitis (particularly hep- ing or sleeping. Many cages also search for the years 2000 to mid- atitis C) and HIV/AIDS research. A have a “squeeze back,” a moveable 2002 conducted by The HSUS total of 334 federally funded grants interior wall that can be pulled from revealed that information about the between 2000 and 2004 involved the back of the cage toward the types of housing provided in publi- the use of live chimpanzees, with front and can press or hold a chim- cations or in federal grant abstracts approximately 29 percent related panzee closer to the front of the was lacking (Conlee, Hoffeld, and to hepatitis research and 16 per- cage so that a technician, veterinar- Stephens 2004). Among 189 publi- cent related to HIV/AIDS research. ian, or researcher can administer cations 24 percent mentioned so- Stephens (1995) reported that injections or perform other proce- cial housing and 76 percent did not approximately 80 percent of dures without anesthetizing the mention any specific housing type. research conducted on chim- chimp. Under some conditions, Overall, information regarding the panzees in the early ’90s was relat- housing areas do not have any natu- specific number of chimpanzees ed to hepatitis and HIV/AIDS. ral light, and the animals live under maintained in each type of housing Therefore, these types of biomed- artificial lighting (light/dark) cyc- (individual vs. social) was not readi- ical research with chimpanzees are les at all times. ly available. Housing and environ- not as prevalent as they are in the In the wild, chimpanzees are very mental conditions, however, can recent past, although such invasive social and live in complex groups of have significant effects on research studies continue. varying sizes. Therefore, social Other areas of research for which housing is almost certainly the sin- chimpanzees are currently used gle most important factor for chim- include cognitive and behavioral panzee psychological well-being studies, as models for human repro- (National Research Council 1997). duction, malaria, gene therapy, res- Individual housing can lead to pro- piratory viruses, Crohn’s disease, found depression, increased aggres- drug and vaccine testing, and a vari- sion, psychological withdrawal, ety of other infectious diseases (Fig- extreme frustration, and self-muti- ure 1). Experiments in some of lation, such as physical wounding, these areas, such as studies of cer- hair plucking, rocking, and other tain strains of HIV, can lead to psychotic-like behaviors. Chim- severe appetite and weight loss, panzees who are not being used in lethargy, diarrhea, severe illness, active research protocols typically infections, and/or eventual death. are housed in pairs or social groups. Procedures such as major surgery, The physical environment for social liver biopsies (required for some housing can range from a cage that protocols in hepatitis research and is slightly larger than the individual FAUNA FOUNDAITON Figure 2. involving multiple biopsies), fre- cage depicted in Figure 2 to large A typical laboratory cage for individually quent blood sampling, and restraint outdoor enclosures where the ani- housed chimpanzees. Chimpanzees in Research: Past, Present, and Future 125 results, so such information should tooth and the chimp’s loud alarm be included in all publications. Ethical calls drew the other chimps to the Regardless of whether housing Questions and scene, the group’s response—rau- information is available, Balls cous calls and all members peering (1995) raises an important point: it Responsibilities at the tiny white tooth on the may be impossible to provide hous- The United States currently uses ground—clearly suggested that ing in laboratories that truly meets more chimpanzees in biomedical the group interpreted the pain and the physiological and behavioral research than any other country in blood loss as caused by the tooth needs of chimpanzees under captive the world. The U.S. government pro- itself as an animate object. conditions. vides more funding for the study of One author (S.B.) and her stu- chimpanzee cognition and behavior dents have observed their subjects Funding for Research than does any other country. Results readily sharing food with younger The HSUS analysis of federally fund- from studies over the past four chimps, assisting older animals ed great ape research found that decades in particular have provided having difficulty moving from place $20 million to $25 million dollars of a wealth of scientific evidence show- to place in the facility, and re- federal funding per year is devoted ing that chimpanzees and humans sponding with “reverence” to the to chimpanzee research and care bear striking similarities. While we body of a group member who had (Conlee, Hoffeld, and Stephens have known for up to two hundred died of natural causes. In the last 2004) (Figure 3). Hepatitis re- years that the anatomy, physiology, instance, the dead chimp’s cage search accounts for $4.2 million of morphology, biochemistry, and gen- mate picked up a blanket, covered this funding each year, and HIV etic overlap between chimpanzees the dead chimp’s head, and then research accounts for approximate- and humans is overwhelming, it has placed a second blanket over her ly $500,000. The amount of private- only been within the last forty years body. A videotaped record of these sector funding for chimpanzee that demonstrations of chimpanzee events leads an observer to the research is not available to the pub- cognitive abilities and behavior, conclusion that the “friend’s” lic; however, the use of chimpanzees including a wide range of emotions response was intentional and by the private sector may be on the evoked by chimpanzees and human empathetic (S.B., personal obser- rise. A chimpanzee researcher sit- beings in similar situations, have vation 2003). Goodall (1968) ting on a panel at the 2003 Ameri- been reported from field studies reports similar behaviors to those can Association of Laboratory Ani- (e.g., Goodall 1968) and captive described above among wild mal Science conference indicated work (e.g., Washburn and Rum- chimps, suggesting that captive that 75 percent of private-sector baugh 1992; Brown and Boysen chimpanzees are not acquiring growth (particularly pharmaceuti- 2000). Recent technological ad- behaviors unseen in the wild. Long- cal companies) at the New Iberia vances have allowed direct compar- term observations of chimps in the Research Center was due to re- isons at the neuroanatomical level field and captivity have increasing- quests for chimpanzee use. between the two species, with ly complemented and confirmed a It is estimated that it costs notable correspondence between a range of comparable behaviors $20–$30 a day to care for a chim- significant number of neuroanatom- that are seen in humans as well as panzee in the laboratory and $15 a ical structures that likely support in the chimpanzee. Observations day to care for one—better—in a the same functions (e.g., Cantalupo, of behaviors of this level of sophis- sanctuary. Compare the $9.5–$14.2 Pilcher, and Hopkins 2003; Hopkins tication and complexity raise diffi- million a year to care for the United and Cantalupo 2004). cult ethical and moral questions States’ 1,300 chimpanzees in a lab- With more than thirty years of about the types of research on oratory to the $7.1-million-a-year direct interactions with chim- chimpanzees that are permitted in cost of sanctuary care. It is impor- panzees as part of a comparative the United States. tant to emphasize that the sanctu- cognition project, one author More detailed studies of the sim- ary setting not only costs less per (S.B.) (2000) reports that her ilarities between human and chim- chimpanzee per day, but also can chimps have shown a number of panzee behavioral and emotional provide a much more naturalistic behaviors suggesting that they responses are even more telling. and stimulating environment. were responding to natural events Parr and de Waal (1999b) provided such as wind or thunderstorms captive chimpanzees with photo- with great fear. A similar response graphs of chimpanzees they didn’t was likely felt by early humans, who know and found that the chim- subsequently created myths and panzees were not only able to legends to explain these phenome- match two different photographs na. When a chimpanzee lost a of the same individual, but also to

126 The State of the Animals III: 2005 match mothers and sons. This moral responsibilities to chimps man health problems.” In 2002 demonstrates that chimpanzees (National Research Council 1997). (the most recent survey results are capable of identifying similari- Unlike humans who participate in available as of 2005), 52 percent of ties in the faces of related individu- biomedical research, chimpanzees adults opposed or strongly op- als who were unfamiliar to them. are incapable of giving informed posed this statement. When the In another test by Parr and De consent. Therefore, it is clearly same statement was used in a 1985 Waal, chimpanzees were presented time for society to reappraise the survey, only 30 percent of adults with sample head-shot photo- status of humankind’s closest pri- voiced opposition (National Sci- graphs of chimpanzees. The sub- mate relative. ence Board 2002) (Table 3). jects recognized the emotional expressions of the chimpanzees in the sample photographs and Public Opinion: U.S. Overview matched them to photographs of Driving Change novel chimpanzees showing facial Recent Issues Increasing public concern has large- expressions that depicted the same ly driven international efforts to end Over the last twenty years, major emotional state. The subjects the use of chimpanzees in research. changes in the use of chimpanzees chose the photograph that best According to a recent opinion poll in research have taken place. The matched the sample chimpanzee’s conducted by Zogby International rush to increase breeding for HIV picture, based on the underlying for the Doris Day Animal League in research in the 1980s was followed meaning of the facial features and 2001 (in Conlee 2003), 90 percent by a significant decrease in the num- configuration, since the perceptual of Americans believe it is unaccept- ber of facilities housing chim- and physical features were not pre- able to confine chimpanzees in gov- panzees as well as in the number of cisely the same. ernment-approved cages (Figure 2), chimpanzees at each facility in sub- Such trials underscore chim- 54 percent believe it is unaccept- sequent years. Three large chimp- panzees’ capacity for empathetic able for chimpanzees to “undergo anzee research laboratories have responses. Such responses, coupled research which causes them to suf- closed since 1995, and many of their with the cognitive capacities hu- fer for human benefit,” and 65 per- chimpanzees are now permanently mans demonstrably share with cent say it is unacceptable to kill retired at sanctuaries throughout chimps, indicate that, under cir- them for research. the United States. In 1995 New York cumstances in which a human A 2002 opinion poll by Penn, University decided to close its Labo- being might experience emotional Schoen, and Berland Associates for ratory of Experimental Medicine distress or trauma, chimpanzees The Humane Society of the United and Surgery in Primates (LEMSIP). respond similarly under comparable States (HSUS n.d.) found that 79 Approximately half of the LEMSIP conditions. One example would be percent of the U.S. public supports chimpanzees were sent to various for a chimpanzee to be housed in creation of a government-sponsored retirement facilities, but the other isolation, with no physical or social sanctuary system to provide life- half were sent to the Coulston Foun- contact with other chimpanzees, as time care to chimpanzees no longer dation, Alamagordo, New Mexico, well as with only minimal daily con- used in research. This and other the largest chimpanzee colony in tact with caregivers. There is a rea- survey findings indicate that not the world at that time, which had a son that similar housing conditions only does the public oppose the suf- poor record of compliance with the in our nation’s prisons, that is, soli- fering of chimpanzees in research, Animal Welfare Act (AWA). tary confinement, are considered to but it also is willing to financially The second large closure was that be the worst conditions for inmates support a significant commitment of the chimpanzee colony at the to endure. (Indeed, solitary confine- to chimpanzees, who can live to be Holloman Air Force base, also in ment of human prisoners is consid- sixty years old in captivity. New Mexico, in 1997. This colony of ered by some to be “cruel and The National Science Board, 141 chimpanzees who were used by unusual punishment.”) which conducts surveys of public the space program was released These findings suggest that the attitudes toward scientific re- from the Air Force. In a controver- range and nature of invasive search every three years, included sial decision, all but thirty chim- research in the United States repre- the following statement in its 1985 panzees were sent to the Coulston sents unethical and, indeed, im- survey: “Scientists should be al- Foundation instead of to sanctuar- moral actions. In its 1997 report, lowed to do research that causes ies that had volunteered to take in a the National Research Council that pain and injury to animals like number of them. (Those requests examined the status of chim- dogs and chimpanzees if it pro- had been denied by the Air Force.) panzees in research facilities in the duces new information about hu- One of those sanctuaries was the United States noted the ethical and Center for Captive Chimpanzee

Chimpanzees in Research: Past, Present, and Future 127 out retiring them under the Table 3 CHIMP Act (see below). This is an Public Opinion on Using Chimpanzees unfortunate development. and Dogs in Painful and Injurious U.S. CHIMP Act Research The large chimpanzee breeding effort launched in the United States in 1986 exceeded expecta- Survey Statement: Scientists should be allowed to do research that causes tions at the same time it was pain and injury to animals like dogs and chimpanzees if it produces new information. determined that the chimpanzee was not a critical model for HIV Year Supporting/Strongly Opposing/Strongly research after all. This created a Supporting Animal Research Opposing Animal Research “surplus” of chimpanzees for 1985 63 30 research. As a result, the National Institutes of Health called on the 1988 53 42 National Research Council (NRC) 1990 50 44 to provide input on key issues, including the number of chim- 1992 53 42 panzees required to support 1995 50 46 research needs and how to address the long-term needs of the animals 1997 46 51 who had been produced. The NRC found (l) that euthanasia is not 1999 50 47 considered by the public to be an 2001 44 52 acceptable means of addressing the surplus issue (as previously Source: National Science Board 1985–2001. noted); (2) a five-year breeding Number of adults surveyed varied per year and ranged from 904 to 2,041. moratorium should be adopted; and (3) sanctuaries should be Care (the CCCC—now known as By 2002 the company had col- established for the long-term care Save the Chimps), an organization lapsed financially and divested of retired chimpanzees (National that ultimately sued to obtain cus- itself of 266 chimpanzees, selling Research Council 1997). tody of twenty-one of the chim- them to Save the Chimps, which Following the NRC report, lobby- panzees. The CCCC entered into an purchased the land and facilities ing efforts began for the creation agreement with the Coulston Foun- from the company. of a national chimpanzee sanctu- dation in October 1999 that Despite the decrease in the num- ary system through what became brought those chimpanzees to live ber of chimpanzee laboratories and known as the Chimpanzee Health at the Save the Chimps’ sanctuary the retirement of a significant Improvement, Maintenance and in Florida. number of chimpanzees, there are Protection Act (CHIMP Act). The The most recent laboratory clos- signs that some aspects of chim- animal protection coalition devot- ing was that of the Coulston Foun- panzee research have been grow- ed to passage of the CHIMP Act dation in 2002. Approximately one ing. In addition to 75 percent of was known as the National Chim- year before closing, Coulston trans- private-sector growth at the New panzee Research Retirement Task ferred three hundred chimpanzees Iberia Research Center coming Force (NCRRTF). It consisted of to the Alamogordo Primate Facility, from requests for use of chim- The HSUS, the American Anti-Vivi- currently run under contract by panzees in research, New Iberia and section Society, the American Soci- Charles River Laboratories, to set- the Southwest National Primate ety for the Prevention of Cruelty to tle violations of the AWA. The chim- Research Center have each re- Animals, the Society for Animal panzees at the Alamogordo Primate ceived funds from the National Protective Legislation, and the Facility were not being used for Institutes of Health to expand their National Anti-Vivisection Society, research at that facility as of mid- chimpanzee-holding facilities. The with the support of an advisory 2005, but they could be transferred abstract of the grant for New Iberia board of numerous primatologists. elsewhere for research (Brent specifies that such a facility will The CHIMP Act was sponsored and 2004). In 2001 the National Insti- allow other laboratories to hold introduced in the House of Repre- tutes of Health stopped funding the their chimpanzees within the bio- sentatives (H.R. 3514) by Rep. Coulston Foundation (Brent 2004). medical research community with- James Greenwood (R-PA) on

128 The State of the Animals III: 2005 November 22, 1999; a companion while holding them in less expensive 20, 2000, by President Bill Clinton. bill, sponsored by Sens. Richard housing in the interim. Some pro-animal groups pursued a Durbin (D-IL) and Bob Smith (R- The final legislative language repeal of the CHIMP Act, but they NH), was introduced in the Senate specified that various requirements were unsuccessful. One important (S. 2725) on June 13, 2000. A leg- be met before any individual chim- and positive result of the CHIMP islative hearing was held on May panzee could be removed from the Act was a shift in thinking and pol- 18, 2000, with key individuals tes- system, thereby greatly reducing icy related to the use of chim- tifying, including Jane Goodall of the chances that animals would be panzees in research. the Jane Goodall Institute. (John moved back into the laboratory. Since passage of the legislation, Strandberg of the National Center These requirements included: various efforts have been underway for Research Resources, National • Researchers could subject the to create the national sanctuary Institutes of Health [NIH], provid- chimpanzee and his or her system. The NIH published a ed the only oral testimony against social group to only minimal “sources sought” notice in 2001 the bill). pain, distress, and disturbance (Federal Register, April 19, 2001) The CHIMP Act incited a fair (as determined by the board of and, on September 30, 2002, grant- amount of controversy when then- directors of the sanctuary). ed the nonprofit Chimp Haven, in House Commerce Committee • Special circumstances related Shreveport, Louisiana, the contract Chairman Thomas Bliley (R-VA) pro- to the particular chimpanzee’s to run the entire system. Chimp posed amendments that would have medical history might make Haven’s mission is to provide life- provided the research community him or her uniquely needed for time care to chimpanzees previous- with limited access to chimpanzees research. ly used in research, as pets, or for after they were sent into the sanctu- • The technology to be used was entertainment (Brent 2004). ary system. When this amendment not available when the chim- The sanctuary contract stipulates was proposed, the animal protection panzee entered the sanctuary that the federal government will community, including NCRRTF, system. provide $19 million for the care of became divided, and its support for • The research is essential to an initial two hundred chimpanzees the legislation declined. Some address an important public for ten years, with Chimp Haven pro- groups decided to continue work on health need, and that the appli- viding matching funds of $4 million the legislation to ensure that any cant has not violated the AWA. (Brent 2004). The government will opportunity to remove chimpanzees • The proposal is subject to also provide $10 million in construc- from the sanctuary system was as public scrutiny through a tion costs, and Chimp Haven is narrow and difficult as possible, fear- sixty-day formal notice and expected to match 10 percent of ing that the bill ultimately would comment process. those funds (Brent 2004). allow the research community to The CHIMP Act (P.L. 106–551) The Chimp Haven facility in have easy access to chimpanzees was signed into law on December Shreveport will house two hundred chimpanzees at the outset and eventually expand to house a total Figure 3 of three hundred. At least two Public Health Service Funding other sites will hold groups of sev- enty-five or more. Chimp Haven for Chimpanzee Research, can also contract care out to other 2000–2002 facilities, but it will ultimately be responsible for all of the chimpanzees in the system—a maximum of nine hundred individuals (Brent 2004). The first phase of construction at Chimp Haven has been completed, and chimpanzees began to arrive on April 1, 2005 (personal communication, Chimp Haven representative, with S.B., April 22, 2005). The U.S. government has asked laboratories and government entities holding chimpanzees to pre- pare lists of animals no longer

Chimpanzees in Research: Past, Present, and Future 129 needed for research. These lists United Kingdom since 1986 (U.K. will be shared among the facilities International Animal Procedures Committee so that laboratories can share and Activities 1998, 2001). undertake research on chim- Some countries already prohibit or In 2000 New Zealand placed strin- panzees if desired, but the lists strongly restrict the use of chim- gent restrictions on the use of non- had not been made available to panzees in research. In 1997 the human hominids (nonhuman great the public as of mid-2005. Table 4 United Kingdom announced that apes—which include chimpanzees, provides a timeline of events relat- licenses to conduct research on bonobos, gorillas, and orangutans) ed to the creation of the national great apes would no longer be within its Animal Welfare Act sanctuary system. granted, although great apes have (www.maf.govt.nz/biosecurity/ not been used in research in the legislation/animal-welfare-act/

Table 4 National Chimpanzee Sanctuary System: Timeline of Events

Date Action

April 15, 1999 A coalition that includes representatives from the research, animal-protection, zoo, and sanctuary communities writes a letter regarding the issue of chimpanzee “retirement” and submits it to U.S. Rep. J.E. Porter (R-IL) and U.S. Sen. A. Specter (R-PA).

November 22, 1999 H.R. 3514, the Chimpanzee Health Improvement, Maintenance, and Protection (CHIMP) Act, is introduced in the U.S. House of Representatives by Rep. J. Greenwood (R-PA). This bill will require the federal government to provide for permanent “retirement” of chimpanzees who are identified as no longer needed for research.

May 18, 2000 The House Committee on Commerce holds a hearing on H.R. 3514. Those presenting testimony include J. Goodall (Jane Goodall Institute), J. Strandberg (NIH), T. Nelson (National Chimpanzee Research Retirement Task Force), and A. Prince (New York Blood Center).

June 14, 2000 S. 2725, the Chimpanzee Health Improvement Maintenance and Protection (CHIMP) Act, is introduced in the U.S. Senate by Sens. R. Smith (R-NH) and R. Durbin (D-IL).

September 20, 2000 S. 2725 gains approval by the Senate Health, Education, Labor, and Pensions Committee.

October 24, 2000 The House passes H.R. 3514 with the Bliley amendments (see section, entitled Legislation: United States and International). December 6, 2000 The Senate passes S. 2725 unanimously.

December 20, 2000 President Clinton signs the CHIMP Act into public law (P.L. 106–551).

April 16, 2001 The National Center for Research Resources (NCRR), part of NIH, publishes a “sources sought” notice to determine whether there is an existing nonprofit that fulfills the requirements of the CHIMP Act and is interested in serving as the “contractor” of the sanctuary system.

September 28, 2001 NIH publishes a Request for Proposal for an entity to operate and maintain a sanctuary system via the CHIMP Act.

December 20, 2001 The departments of Labor, Education, Health and Human Services and related agencies’ 2002 Appropriations Act (H.R. 3061) allocates $5 million to begin construction of the national chimpanzee sanctuary facilities.

January 10, 2002 President G.W. Bush signs H.R. 3061 into public law, including $5 million toward construction of the national sanctuary system.

September 30, 2002 NIH announces the award of a contract to Chimp Haven to establish and operate a chimpanzee sanctuary, pursuant to the CHIMP Act.

May 1, 2003 Chimp Haven, the contractor of the national chimpanzee sanctuary system, breaks ground on its Shreveport, La., facility.

January 11, 2005 NIH publishes a notice of proposed rule making regarding standards of care for chimpanzees held in the national chimpanzee sanctuary system.

130 The State of the Animals III: 2005 guide/awguide.pdf, 24). The country’s director-general can approve Table 5 the use of nonhuman hominids, but International Legislation, Policies, he or she must first consult the National Animal Ethics Advisory and Regulations Related to Committee; the use of these Chimpanzees in Research species must be in the best interest of the individual animal or the species; and the benefit must out- Country Type Year Comments weigh the harm. At the time this of Action Enacted ban was implemented, no great United Policy 1997* Licenses to conduct research apes were being used in research, Kingdom on nonhuman great apes will but the action sent a strong mes- no longer be granted sage about the ethics of such use. New Zealand Legislation 2000 Stringent restrictions on the When the Netherlands finalized use of nonhuman great apes an amendment to the Dutch Law in research on Animal Experiments in 2002 United States Legislation 2000 Chimpanzees determined no that prohibits the use of great apes (P.L. 106-551) longer needed in research are in biomedical experiments (Con- transferred to a national lee, Hoffeld, and Stephens 2004), sanctuary system six chimpanzees being used in hep- Netherlands Legislation: 2002 The use of great apes in atitis research already underway an amendment biomedical experiments were exempted from the ban. At to the Dutch is prohibited the time of the amendment, the Law on Animal only chimpanzees in the European Experiments Union were located at the Biomed- Sweden Regulations 2003 The use of apes in research is ical Primate Research Centre prohibited (BPRC) in the Netherlands. In Japan Unknown Unknown Invasive research on great October 2002 the Dutch minister apes is prohibited (Goodman of education and the director of and Check 2002) the BPRC signed an agreement for the transfer of ownership of fifty- *Although the United Kingdom has had its policy in place since 1997, great apes have not been used in research in that country since 1986. nine chimpanzees to the AAP Sanctuary for Primates and other Exotic Animals (Anonymous 2003). 2002), but it appears that nonin- HSUS, to end invasive research on AAP suffered various delays but vasive research is still allowed. chimpanzees in the United States had secured a site for the sanctu- Table 5 provides a summary of in the coming years. ary and expected construction to international legislation, regula- Regardless of legislative efforts, begin in mid-2005 (AAP Sanctuary tions, and policies. the drastic decline in chimpanzee for Exotic Animals 2005). research in the United States over In June 2003 Sweden’s National The Future of the past twenty years is the result Board for Laboratory Animals of various factors, including the established new regulations that Chimpanzee high cost of keeping chimpanzees ban the use of apes (great apes and in laboratories, public pressure, gibbons) in research (Anonymous Research and evidence of the physical and 2003). The only exception is for Trends in international legislation psychological similarities between the conduct of noninvasive behav- strongly suggest that additional chimpanzees and humans. Trends ioral studies. As was the case in countries will adopt legislation to suggest that the use of chim- New Zealand, great apes were not restrict or end the use of chimpanzees in research in the United being used in research in Sweden panzees (and other apes) in bio- States will continue to decline. when these regulations were being medical research and testing. The Additional efforts to protect chim- implemented, but the rules would U.S. CHIMP Act of 2000 acknowl- panzees, such as legislation to pre- prohibit any such use in the future. edged the special status of chim- vent private ownership of chim- Japan has also taken steps by panzees and human responsibility panzees, legal work to gain banning invasive research on for their lifetime care. There are personhood for chimpanzees, and great apes (Goodman and Check current efforts, including by The inclusion of chimpanzees and

Chimpanzees in Research: Past, Present, and Future 131 humans in the same genus, are 114: 392–400. 2001. Do chimpanzees know likely continue or expand. In the Cantalupo, C., D. Pilcher, and W.D. what conspecifics know? Animal meantime, the likelihood of prima- Hopkins. 2003. Are asymmetries Behaviour 61: 139–151. tologists providing even more evi- in sylvian fissure length associat- Hopkins, W.D., and C. Cantalupo. dence of the intelligence and emo- ed with the planum temporale? 2004. Handedness in chim- tional capabilities of chimpanzees Neuropsychologia 41: 1975–1981. panzees is associated with asym- will further support the argument Carlsson, H., S.J. Schapiro, I. metries in the primary motor that their use in biomedical Farah, and J. Hau. 2004. Use of but not with homologous lan- research and testing should come primates: A global overview. guage areas. Behavioral Neuro- to an end. American Journal of Primatology science 118: 1176–1183. The authors thank Jennifer Ball, 63: 225–237. Kuhlmeier, V.A., and S.T. Boysen. Leah Nickle, and Stephany Harris for Cavalieri, P., and P. Singer, eds. 2002. Chimpanzees (Pan research assistance for this chapter. 1993. The Great Ape Project: troglodytes) recognize spatial Equality beyond humanity. Lon- and object correspondences Note don: Fourth Estate Limited. between a scale model and its 1 Other apes, including gorillas, orangutans, Committee on Animal Models in referent. Psychological Science, and gibbons, were used in the research labora- Biomedical Research. 1995. January: 60–63. tory at one time, but chimps successfully breed in captivity and as adults are smaller Aping science: A critical analysis Limongelli, L., S.T. Boysen, and E. and easier to handle than either gorillas or of research at the Yerkes Regional Visalberghi. 1995. Comprehen- orangutans. Primate Research Center. New sion of cause-effect relations in a York: Medical Research Modern- tool-using task by chimpanzees Literature Cited ization Committee. (Pan troglodytes). Journal of Conlee, K.M. 2003. Great ape Comparative Psychology 109: AAP Sanctuary for Exotic Animals. research: Exposing the hard 18–26. 2005. Breakthrough in Spain: facts and pursuing a ban. AV Matsuzawa, T. 1985a. Use of num- Villena Town Council says yes to Magazine 111: 12–14. bers by a chimpanzee. Nature establishment of Primadomus. Conlee, K.M., E.H. Hoffeld, and 315: 57–59. Electronic newsletter of AAP M.L. Stephens. 2004. A demo- ————. 1985b. Color naming Sanctuary for Exotic Animals. graphic analysis of primate and classification in a chim- March 9. research in the United States. panzee (Pan troglodytes). Jour- Anonymous. 2003. Last European Alternatives to Laboratory Ani- nal of Human Evolution 14: research chimps to retire. Labo- mals 32 (Supplement 1): 283–291. 42(1): ratory Primate Newsletter 315–322. McGrew, W.C. 1992. Material cul- 26. January. Gardner, R.A., B.T. Gardner, and ture in chimpanzees. Cambridge: Balls, M. 1995. Chimpanzee med- T.E. van Cantfort. 1989. Teaching Cambridge University Press. ical experiments: Moral, legal, sign language to chimpanzees. Muchmore, E. 2001. Chimpanzee and scientific concerns. Alterna- Albany: State University of New models for human disease and 23: tives to Laboratory Animals York Press. immunobiology. Immunological 607–614. Goodall, J. 1968. The behaviour of Reviews 183: 86–93. Boysen, S.T. 2000. The tooth mon- free-living chimpanzees in the National Aeronautics and Space ster. In The smile of the dolphin, Gombe Stream Reserve. Animal Administration (NASA). 2004. ed. M. Bekoff, 82–83. New York: Behaviour Monographs 1: Project Mercury Ballistic and Discovery Books. 161–311. Orbital Chimpanzee Flights Boysen, S.T., and G.G. Berntson. ————. 1986. The chimpanzees (CHIMP). http://lsda.jsc.nasa. 1989. Numerical competence in of Gombe: Patterns of behavior. gov/scripts/cf/exper.cfm?exp_ a chimpanzee (Pan troglodytes). Cambridge, Mass.: Belknap, Har- index=907. Journal of Comparative Psychol- vard University Press. Nath, B.M., K.E. Schumann, and ogy 103: 23–31. Goodall, J., R. Fouts, F. Patterson, J.D. Boyer. 2000. The chim- Brent, L. 2004. Solutions for E. Katz, M. Bekoff, and B. panzee and other non-human research chimpanzees. Lab Ani- Galdikas. 2003. The Great Ape primate models in HIV-1 vaccine 33(1): 37–43. mal Project census. Portland, Ore.: research. Trends in Microbiology Brown, D.A., and S.T. Boysen. Great Ape Project Books. 8(9): 426–431. 2000. Spontaneous discrimina- Goodman, S., and E. Check. 2002. National Center for Research Re- tion of natural stimuli by chim- The great primate debate. sources (NCRR). 2001. Report to panzees (Pan troglodytes). Jour- Nature 417: 684–687. Congress regarding number of nal of Comparative Psychology Hare, B., J. Call, and M. Tomasello. chimpanzees and funding for care

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Chimpanzees in Research: Past, Present, and Future 133 About the Contributors

Sarah Boysen received her Ph.D. in Jennifer M. Felt graduated from Kristin Kaschner received her 1984 from The Ohio State Universi- the University of Vermont in 1999 M.Sc. from Albert-Ludwigs-Univer- ty. Her current research interests and served for two and a half years sität of Freiburg, Germany, in 1997. are animal cognition, particularly in the Peace Corps in Honduras. Based at the Underwater Acoustics the acquisition of counting abilities She was program manager for Group at Loughborough University, and numerical competence in non- Latin America and the Caribbean Leicestershire, England, she devel- human primates; cognitive develop- for Humane Society International oped an acoustic analysis tech- ment in the great apes, including (HSI), the international arm of The nique to study the behavior of small attribution, self-recognition, and HSUS, until June 2004, when she cetaceans around midwater trawl intentional behavior; and social became deputy director for trade nets. She joined the Marine Mam- behavior and tool use in captive capacity building at The HSUS. mal Research Unit at the Fisheries lowland gorillas. She is currently Centre at the University of British consulting editor for the Journal of Stephanie Edwards is a 2003 grad- Columbia (UBC) in 1998 and has Comparative Psychology. uate of the University of Maryland been a member of the Sea Around and program assistant and Web Us Project, based at UBC and Kathleen Conlee is director of pro- content manager for HSI. devoted to studying the impact of gram management, Animal Re- fisheries on the world’s marine search Issues, at The HSUS and is Katherine C. (Kasey) Grier is asso- ecosystems, since 1999. Ms. responsible for the organization’s ciate professor in the Department Kaschner was an invited participant work related to nonhuman primates of History, University of South Car- at the International Whaling Com- in research, the use of animals in olina. She is the author of Culture mission Scientific Committee education, and the HSUS Pain and and Comfort: Parlor Making and workshop on bycatch mitigation Distress campaign. She previously Middle Class Identity and the forth- and acoustic deterrents in 1999 worked for seven years at a large coming Pets in America: A History. and is a member of the Cetacean nonhuman primate breeding facili- Her current research focuses on Bycatch Task Force. She has been a ty and a year and a half at a chim- the history of animal-human inter- FishBase collaborator since 2000, panzee and orangutan sanctuary. action. She serves as guest curator compiling information about the for an exhibition on the history of acoustical behavior of fish. pet keeping in the United States originating at McKissick Museum, the University of South Carolina, in 2005 and traveling for three years thereafter.

135 Randall Lockwood received his Daniel Pauly acquired his doctorate J.F. Reece received his B.Sc.(Hons.) Ph.D. from Washington University in fisheries biology in 1979 from the in biology from University of York in St. Louis. He is senior vice pres- University of Kiel in Germany. He is and was qualified (B.V.Sc.) from Liv- ident for anti-cruelty initiatives a former division director of the erpool University Veterinary School and training for the American International Center for Living in 1994. He worked for more than Society for the Prevention of Cruel- Aquatic Resources Management three years in rural, large-animal ty to Animals and former vice pres- (ICLARM) in Manila and taught veterinary practice in Devon, Eng- ident/Research and Educational fisheries sciences at the University land. Since 1998 he has been asso- Outreach for The HSUS. He is the of the Philippines. In 1994 he joined ciated with the work of Help in Suf- co-editor of Cruelty to Animals and the Fisheries Centre, University of fering, an animal welfare charity in Interpersonal Violence and co- British Columbia, while remaining Jaipur, India, as a volunteer veteri- author (with Frank Ascione) of ICLARM’s principal science advisor nary surgeon. Since 2002 he has “Cruelty to Animals: Changing Psy- until 1997 and the science advisor been in charge of the ongoing ABC chological, Social, and Legislative of its FishBase project until 2000. Extension Project, sponsored by Perspectives,” which appeared in Since 1999 he has been principal HSI, at Help in Suffering Jaipur. The State of the Animals: 2001. investigator for the Sea Around Us Project. In 2001 he received the Beth Rosen has worked in the Kelly O’Meara is program manager, Murray Newman Award for Excel- HSUS Government Affairs and Eval- Africa and Asia, for HSI. She has lence in Marine Conservation uation and Planning departments promoted humane slaughter prac- Research and the Oscar E. Sette since 2001. She received her mas- tices to government representatives Award of the Marine Fisheries Sec- ter’s degree in public administra- in Indonesia and Vietnam; initiated tion, American Fisheries Society. He tion from New York University. and organized first-of-their-kind was named an honorary professor at workshops on stray dog/street ani- Kiel University in 2002 and elected Andrew N. Rowan is executive vice mal control in Moscow and St. a Fellow of the Royal Society of president, operations, for The Petersburg; and managed a two-year Canada (Academy of Science) in HSUS. He is the author of Of Mice, street dog control program on the 2003. Models, and Men; co-author of The island of Abaco in the Bahamas. A Animal Research Controversy: graduate of the University of Massa- Nancy Peterson, a registered vet- Protest, Process, and Public Policy; chusetts, she holds certificates from erinary technician, is an issues spe- and coeditor of Humane Society the Royal Society for the Prevention cialist in the Companion Animals Press’s State of the Animals series. of Cruelty to Animals (RSPCA) in section of The HSUS and coordina- large-animal euthanasia and from tor of the Pets for Life Training Stephanie Shain is director of Bristol University, England, for ani- Centers. Before joining The HSUS, companion animal outreach for mal welfare officer training. She is Ms. Peterson worked in small-ani- The HSUS and one of the organiza- co-author of the HSI report Dogs on mal veterinary hospitals and as a tion’s leading spokespeople on Abaco Island, the Bahamas: A Case trainer of dogs for people with dis- pet-related topics. From 1995 to Study. abilities. Her articles promoting 2000 she worked as assistant pet-friendly rental housing have director of programs for the Amer- been published in numerous hous- ican Anti-Vivisection Society. ing magazines. She was a member of the HSUS staff who collaborated on The Humane Society of the Unit- ed States Complete Guide to Cat Care (co-authored with Wendy Christensen).

136 The State of the Animals III: 2005 Margaret R. Slater is a veterinarian Neil Trent is executive director of and associate professor of epidemi- HSI. A graduate of the law enforce- ology in the departments of Veteri- ment division of the RSPCA, he nary Anatomy and Public Health worked in a number of capacities and Small Animal Medicine and for the RSPCA in England, the Surgery in the College of Veteri- Bahamas, and Australia. He is a for- nary Medicine at Texas A&M Uni- mer field officer and field services versity in College Station, Texas. director for the World Society for The author of Community Ap- the Protection of Animals. He is co- proaches to Feral Cats: Problems, author of “The State of Meat Pro- Alternatives, and Recommenda- duction in Developing Countries: tions, she is frequently invited to 2002,” which appeared in The speak on feral cat issues at profes- State of the Animals II: 2003. sional conferences nationwide.

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