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Petitioned the USDA BEFORE THE UNITED STATES DEPARTMENT OF AGRICULTURE THE HUMANE SOCIETY OF THE UNITED STATES, WORLD WILDLIFE FUND, THE GLOBAL FEDERATION OF ANIMAL SANCTUARIES, THE INTERNATIONAL FUND FOR ANIMAL WELFARE, BORN FREE USA, THE FUND FOR ANIMALS, BIG CAT RESCUE, AND DETROIT ZOOLOGICAL SOCIETY PETITIONERS PETITION FOR RULEMAKING TO PROHIBIT PUBLIC CONTACT WITH BIG CATS, BEARS, AND NONHUMAN PRIMATES Anna Frostic (D.C. Bar No. 977732) Kimberly Ockene (D.C. Bar No. 461191) The Humane Society of the United States 2100 L Street NW Washington, DC 20037 [email protected] Amended January 7, 2013 (originally filed October 18, 2012) TABLE OF CONTENTS I. Notice of Petition…………………………………………………………………………...3 II. Introduction………………………………………………………………………………….8 III. Examples of Facilities that Offer Public Contact with Dangerous Wild Animals..9 IV. Legal Background and Authority to Amend Regulations…………………………..13 V. Current Handling Regulations Are Difficult to Enforce and Applied Inconsistently……………………………………………………………………………...19 VI. Public Handling of Big Cats, Bears, and Nonhuman Primates Undermines Animal Welfare, Public Safety, and Conservation and Must Be Prohibited…….23 A. Unmanaged Breeding………………………………………………24 B. Premature Mother-Infant Separation……………………………27 C. Excessive Handling of Young and Immature Animals………..34 D. Traveling Exhibition………………………………………………..35 E. Abusive Training, Declawing, and De-Fanging………………...38 F. Disease Transfer to Exhibited Animals……………………….…39 G. Risk of Physical Injury to Public During Handling……………42 H. Zoonotic Disease Transfer to Public……………………………...43 I. Risk of Injury to Public After Handling………………………….46 J. Conservation Impacts……………………………………………....49 VII. Proposed Amendments to Handling Regulations…………………………………….51 VIII. Conclusion……………………………………………………………………………….…54 IX. Expert Declarations…………………………………………………………………..…..56 X. Appendices….………………………………………………………..….See Enclosed Disc A. Evidence of Public Contact by Licensed Exhibitors B. Example of USDA Inventory Inaccuracy C. Examples of Transport for Public Contact Exhibition D. Examples of Disposition to Substandard Facilities E. Scientific Articles Cited 2 I. Notice of Petition Honorable Tom Vilsack, Secretary U.S. Department of Agriculture 1400 Independence Ave SW Washington, DC 20250 Kevin Shea, Acting Administrator Animal and Plant Health Inspection Service U.S. Department of Agriculture 4700 River Road, Unit 84 Riverdale, MD 20737-1234 PETITIONERS: The Humane Society of the United States 2100 L Street, NW Washington, DC 20037 World Wildlife Fund 1250 24th Street NW Washington, DC 20037 The Global Federation of Animal Sanctuaries P.O. Box 32294 Washington, DC 20007 The International Fund for Animal Welfare 1350 Connecticut Avenue NW, Suite 1220 Washington, DC 20036 Born Free USA P.O. Box 32160 Washington, DC 20007 The Fund for Animals 200 West 57th Street New York, NY 10019 Big Cat Rescue 12802 Easy Street Tampa, FL 33625 Detroit Zoological Society 8450 W. 10 Mile Rd. Royal Oak, MI 48067 3 Dear Secretary Vilsack and Acting Administrator Shea, The Humane Society of the United States (HSUS), World Wildlife Fund (WWF), The Global Federation of Animal Sanctuaries (GFAS), The International Fund for Animal Welfare (IFAW), Born Free USA (BFUSA), The Fund for Animals (“The Fund”), Big Cat Rescue (BCR), and the Detroit Zoological Society (collectively “Petitioners”) hereby petition the Secretary of Agriculture and the Administrator of the Animal and Plant Health Inspection Service (APHIS), pursuant to the First Amendment of the United States Constitution,1 the Administrative Procedure Act,2 and U.S. Department of Agriculture (USDA) regulations,3 to amend APHIS’ animal handling regulations to explicitly prohibit Animal Welfare Act (AWA) licensees from allowing members of the public to come into direct or unsafe close contact with big cats, bears, and nonhuman primates of any age. Proposed regulatory text is included herein and, as discussed in this petition, adopting this proposed rule is necessary to promote animal welfare (as required by the AWA, 7 U.S.C. § 2143(a)) and conservation, and to protect public safety and consumer expectations. Description of Petitioners HSUS is the nation’s largest animal protection organization with over 11 million members and constituents. Based in Washington, DC, HSUS works to protect all animals through education, investigation, litigation, legislation, advocacy, and field work. HSUS actively works to improve the management of wildlife in captivity in order to promote animal welfare, conservation, and public safety. HSUS members regularly visit USDA-licensed exhibitors’ facilities and enjoy seeing animals who are well cared for and appropriately displayed, but are distressed when they view animals being mistreated or exhibited in a manner that jeopardizes public safety and conservation efforts. HSUS also operates five animal care centers that provide care to thousands of animals, including big cats and nonhuman primates. That two of these facilities are licensed by APHIS means that HSUS has a strong interest in ensuring that all captive animal facilities are abiding by regulations to protect animal welfare and public safety. WWF’s mission is to stop the degradation of our planet’s natural environment, and build a future in which humans live in harmony with nature. In order to achieve this mission, WWF (with more than 5 million members globally) focuses on ensuring that the world’s biodiversity stays healthy for future generations and to reduce negative impacts of human 1 “Congress shall make no law ... abridging ... the right of the people ... to petition Government for a redress of grievances.” U.S. CONST., amend. I. The Supreme Court has recognized that the right to petition is logically implicit in, and fundamental to, the very idea of a republican form of government. United States v. Cruikshank, 92 U.S. 542, 552 (1875); United Mine Workers of America, Dist. 12 v. Illinois State Bar Ass’n, 389 U.S. 217, 222 (1967); Thomas v. Collins, 323 U.S. 516, 530 (1945). 2 5 U.S.C. § 553(e). 3 7 C.F.R. § 1.28. 4 activity. WWF is particularly interested in tiger conservation, as 97% of wild tigers have disappeared since the beginning of the 20th century and there are now more tigers living in captivity in the U.S. than exist in the wild. To promote tiger conservation, WWF works with the 13 tiger range states in Asia and domestically to ensure that one of the primary threats to the species, poaching for traditional Asian medicine, is alleviated. WWF advocates for greater oversight of U.S. captive tiger numbers and disposition in order to ensure that captive tigers are not contributing to illegal trade and to ensure that the U.S. meets its international obligations. Because tigers are frequently bred and mistreated for the purpose of public contact exhibition, and because it is unknown how all of these tigers are disposed of, WWF has a concrete interest in stronger federal regulation of public handling at USDA licensed exhibition facilities. GFAS was established to promote excellence in sanctuary management and in humane care of animals through international accreditation, collaboration, mentoring, and greater recognition and resources for sanctuaries, while seeking to eliminate the causes of displaced animals. There are over 80 sanctuaries accredited and verified by GFAS in the U.S. – these facilities have earned the highest level of credibility and are clearly distinguished from pseudo-sanctuaries and substandard facilities. GFAS sanctuaries do not allow direct contact or unsafe close contact between the public and big cats, bears, or nonhuman primates. IFAW saves animals in crisis around the world. With close to 2 million members and projects in more than 40 countries, IFAW rescues individual animals from cruelty and advocates for the protection of wildlife and natural habitats. Protecting captive big cats, bears, and nonhuman primates in the U.S. is a core IFAW focus. In the U.S. to date, IFAW has rescued and relocated 120 captive big cats from backyard menageries and substandard facilities. In 2004, IFAW conducted a one-year investigation of 42 USDA-licensed facilities that revealed severely inadequate welfare practices. Public contact between dangerous big cats and humans – including very young children – was prevalent at many of the facilities. IFAW members regularly enjoy viewing animals humanely cared for and exhibited in a manner that protects the health and welfare of the animals and the public. Born Free USA’s mission is to end the suffering of wild animals in captivity, rescue individual animals in need, protect wildlife – including highly endangered species – in their natural habitats, and encourage compassionate conservation globally. The Born Free USA Primate Sanctuary in Texas provides care to over 600 primates, many of whom were rescued from abusive situations in roadside zoos and private possession. In 2012 alone, Born Free USA has rescued over 100 primates from substandard facilities. The Fund for Animals is a national non-profit organization that advocates for preserving wild populations of animals and preventing abuse of captive wildlife. The Fund operates the Cleveland Amory Black Beauty Ranch (#74-C-0854), an animal care facility that 5 provides sanctuary to hundreds of animals, including three tigers who were rescued from a substandard facility licensed by USDA. Big Cat Rescue is one of the largest sanctuaries for big cats and is accredited by GFAS. As a nonprofit organization, BCR provides lifetime care to
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