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Home My WebLink About20000417.tiff ♦for 0 r,� r %% Rocky Mountain � Of 4 /WI el&f Conser-vat an ; ,,I center Sheri Lockman c/o Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Sheri, Enclosed are the rules and regulations for both the Division of Wildlife and USDA. If you have any questions please feel free to call me, as I will be glad to explain which rules effect our organization. I also want to thank you for your wonderful support of our Center at the recent hearing. It's nice to know the animals have so many friends in the planning and health department, and I wanted you to know your help is appreciated. I will be working on the rest of the documentation over the next weekend and will be in touch soon. SAMRre / :Liz /Pat k L. Craig, Director 6 a /� C) mA n- g { / T r z rn 0 -9 - • (l' < O _7 O 'J n a 5 vc v CP "C7 4 EXHIBIT E 1946 wcr 53. Keenesburg CO 80643 • 303.536.0118 phone & fax '*ass wildlife@loveable.conl • www.wildlife-conscrvation.com 05/01/96 CHAPTER 11, WILDLIFE PARKS AND UNREGULATED WILDLIFE Introduction to Chapter 11 In this introduction to chapter 11 we outline possession requirements for live wildlife as found in Colorado wildlife law. There is growing interest in the private possession of live wildlife. At the same time there is considerable confusion over the laws regarding such private possession. Colorado wildlife law generally prohibits the importation, live possession, sale, barter, trade, or purchase of any species of wildlife native to Colorado (33-6-113 (1) , C.R.S. ) . In addition, these same laws restrict or prohibit the importation and possession of exotic (non-native) wildlife (33-6-109(4) , C.R.S. ) . Live possession of Wildlife is permitted only under the exceptions noted below and as further detailed in Wildlife Commission regulations and Colorado statutes, See C.R.S. 33-1-106, 33-6-109, 33-6-113, 33-6-114, 18-9-202 . The Wildlife Commission also maintains a "prohibited species" list in Chapter 0. The possession of these species is severely restricted. The Wildlife Commission establishes these regulations in an effort to balance its mandate to protect native species of wildlife in Colorado from the impacts which could be caused. by the introduction of exotic (non-native) species with the public interest and demand for the private possession of live wildlife. Reptiles and Amphibians - Chapter 10 of Wildlife Commission regulations provide that any person can possess up to six live native reptiles or native amphibians for personal use except for those species whose possession are specifically prohibited in chapter 0 or 10. These animals may not be sold, traded, or bartered. Scientific Collection permit - Chapter 13 allows for the lawful possession of live wildlife under the authority of a scientific collection permit. Specific permit conditions and restrictions apply and may vary from permit to permit: based on the needs of the permittee as well as appropriate protection of wildlife resources. Wildlife Rehabilitation - Chapter 14 allows for the lawful possession of live wildlife by licensed rehabilitators as a means to care for sick, injured or orphaned wildlife. With few exceptions, possession is allowed only long enough for the animal to recover or mature. Falconry and Hawking - Chapter 6 allows for the possession of falcons, hawks, and eagles for falconry purposes. Persons possessing these birds must be properly licensed by both the U.S. Fish and Wildlife Service and the Division of Wildlife. Possession limits and other restrictions apply. Aquaculture - Colorado statutory law recognizes that fish may be head and propagated under the authority of an aquaculture permit issued by the Department of Agriculture. In addition, chapter 12 authorizes the possession of fish for use in aquaria with some restrictions. Bait dealers - Chapter 1, fishing, authorizes bait dealers and individuals to possess certain live fish as bait. Specific restrictions apply. Snapping turtles - Chapter 0, General Provisions, authorizes the live possession of snapping turtles by any person. Wildlife Park Licenses - Chapter 11 provides for lawful possession, propagation and sale of native and exotic wildlife via a mandatory licensing process. This includes possession of any live wildlife, other than those discussed above or listed as "unregulated" wildlife. Examples include: Any live mammals (including furbearers) , game birds, or other terrestrial wildlife not specifically listed on the unregulated wildlife list. Persons possessing live wildlife under a Commercial Wildlife Parks License are required to maintain their commercial status. Unregulated Wildlife - No license is required for the private possession or purchase of animals which are included on the unregulated wildlife list or the domestic animal list. These animals may be sold, bartered, traded, exchanged, propagated or purchased by any person provided that importation requirements of the Department of Agriculture, health certifications, or any other federal, state or local requirement are met. There are no possession limits. These chapter 17. regulations clarify that it is unlawful to intentionally :release any wildlife declared to be unregulated. The wildlife on these lists are typically sold, purchased, possessed and propagated as pets, maintained by hobbyists, or raised for food and fiber within Colorado's alternative livestock industry. If an animal is not listed on either the unregulated wildlife or the domestic animal list it cannot be lawfully sold to an unlicensed person unless specifically authorized by Commission regulation. ARTICLE I - GENERAL PROVISIONS #1100 - DEFINITIONS A. "Commercial use" for the purpose of this chapter means utilizing captive wildlife in sale, trade, barter, brokerage or other commerce with the motive to generate profit from such utilization. B. "Commercial Wildlife Park License" means a license issued for the operation of privately owned wildlife parks and for the related commercial use of such wildlife including: buying, selling, propagating, brokering or trading of lawfully acquired captive wildlife; charging customers to hunt on such a park; or, exhibiting wildlife for educational or promotional purposes. There are five subcategories of commercial wildlife park licenses: 1) Big Game Hunting Park License; 2) Wildlife Exhibitors Park License; 3) Wildlife Producers Park License; 4) Upland Bird and Waterfowl Hunting and Producers Park License; and 5) Zoological Parks License. C. "Domestic animal" means those animals which through long association with humans have been bred to a degree which has resulted in genetic changes affecting the color, temperament and conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species. D. "Noncommercial Wildlife Park license" means a license issued to a person or persons who wish to keep lawfully acquired birds, except raptors . A noncommercial wildlife park license is not required to possess birds listed on the domestic list or unregulated wildlife list found in section #1103 of these regulations. E. "Prohibited Species" - Means those species that the Wildlife Commission has determined would be detrimental to Colorado's native wildlife. See Wildlife Commission Regulations, General Provisions, Article VIII, sections #008A and #008B. F. "Tropical" - Means those regions lying between The Tropic of Cancer at 23.5 degrees north latitude and the Tropic of Capricorn at 23.5 degrees south latitude. In this chapter this reference is for those species of wildlife that are resident breeders of this region. G. "Subtropical" - Means those regions adjacent to the tropics, within the zone from 23.5 degrees north latitude to 26.0 degrees north latitude 2 and from 23 .5 degrees south latitude to 26.0 degrees south latitude. This definition applies to those regions that lay near the tropical zone and contain wildlife that are resident breeders of this region. H. "Unregulated" wildlife means wildlife listed in section #1103 of these regulations which may be possessed without a license as authorized by the Wildlife Commission. See also regulation #1114. I. "Zoological Park" means a facility which is accredited by the American Zoo and Aquarium Association and/or licensed as a zoological park pursuant to 33-4-102 (13) , C.R.S. as amended. • #1101 - Vacant ARTICLE II - LICENSE REQUIREMENTS, LICENSE EXEMPTIONS, LICENSE TYPES, APPLICATION AND RECORD REQUIREMENTS, AND LICENSE RENEWAL. #1102 - LICENSE REQUIREMENTS. A. Except as authorized by Wildlife Commission regulation: 1. No person shall possess, sell, propagate, acquire, purchase, broker, trade, barter or attempt to sell, propagate, acquire, purchase, broker, trade or barter live wildlife unless such person first obtains a proper license. 2. No person shall possess, buy, sell or attempt to buy or sell live wildlife or barter, trade or broker live wildlife except to or from persons properly licensed to purchase, sell, barter, trade, broker or possess such wildlife. Any person may buy or sell captive wildlife that is in the total custodial care of another licensed individual; however, ownership of said wildlife shall be indicated on the licensee's annual report. 3. All live wildlife possessed under the authority of these regulations must be approved by the Division and listed by species on the license. Live wildlife held under the authority of a commercial parks license issued pursuant this chapter may be possessed only for the stated commercial use. 4. Approval of a license application shall not be granted if the proposed wildlife is deemed to be detrimental to native wildlife. Such approvals shall limit the species to be possessed and shall specify fencing configuration requirements necessary to protect Colorado's wildlife resources from significant negative impacts. Such approvals, denials, and any conditions imposed on such license shall be based on consideration of: a. Potential habitat competition, damage or destruction. b. Disruption of migration, breeding, or rearing and survival of young. c. Predation. d. Disease. Additionally, these restrictions may include those necessary to minimize the danger to humans, domestic livestock or property. 5. New applications for Commercial Wildlife Parks Licenses for species in the family Cervidae will not be approved between July 1, 1996 and November 1, 1997 in the following Game Management Units (GMU's) : 7, 8, 9, 19, 191, 20, 91, 92, 94, 951, and 96. Existing licenses will be eligible for renewal. • 6. All big game animals owned by the State shall be removed from the confines of the proposed commercial area at the applicant's expense before the application for a license is approved. The applicant shall provide to the Division of Wildlife a plan or plans for removal. The Division shall review and approve such plans if they provide reasonable guarantee of not interfering with the Division's management of the state's wildlife populations, to include provision of appropriate level of public hunting. The Division shall supervise all removal operations. Where complete removal is not possible or management on site is deemed appropriate by the division, the State must be fully compensated pursuant to written agreement for the animals and/or provide sufficient free public hunting to remove the animals. 7. Licenses shall be issued only for facilities which are owned, managed and/or leased by a single individual, partnership, limited liability company, cooperative, or corporation. 8. Licensees shall notify the Division when substantive changes to their commercial parks facility, such as fence length, fence configuration or acreage enclosed, or species to be possessed are planned. Such changes must be approved by the Division prior to construction or acquisition to include necessary license amendments. a. To add additional families of wildlife to an existing license, the licensee must fill out a new license application listing the desired families. The amended license must be approved prior to the licensee acquiring and possessing any species within a previously unapproved family. In addition, the licensee must inform the Division in writing within 15 days following the acquisition of any new species under a previously approved family. #1103 - EXEMPTIONS FROM LICENSE REQUIREMENTS: A. Domestic animals - The following animals are considered domestic and are exempted from the requirements of Wildlife Commission regulations: Domestic dog (Canis familiaris) including hybrids with wild canids Domestic cat (Fells catus) including hybrids with wild felines Domestic horse (Equus caballus) including hybrids with Equus assinus Domestic ass, burro, and donkey (Equus assinus) Domestic cattle (Bos taurus and Bos indicus) Domestic sheep (Ovis aries) Domestic goat (Capra hircus) Domestic swine (Sus scrofa domestica) Domesticated races of hamsters (Mesocricetus sop. ) Domesticated races of mink (Mustela vison) Domesticated races of guinea pigs (Cavia porcellus) Domesticated races of gerbils (Meriones unquiculatus) Domesticated races of chinchillas (Chinchilla laniqer) Domesticated races of rats (Rattus norveqicus and Rattus) Domesticated races of mice (Mus musculus) Domesticated races of European rabbit (Orvctolaqus cuniculus) Domesticated races of chickens (Gallus) Domesticated races of turkey (Meleaqria gallopavo) distinguished morpho- logically from wild birds Domesticated races of ducks and geese (Anatidae) distinguishable morpho- logically from wild birds Domesticated races of European ferret (Mustela putorius) Domesticated races of pigeons (Columba domestica and Columba livia) and feral pigeons Domesticated races of guinea fowl (Numida meleaqris) 4 Domesticated races of peafowl (Pavo cristatus) Bison (Bison) including hybrids with domestic cattle Ostrich (Struthio spp. ) Llama (Lama glama) Rhea (Rhea app.) Emu (Dromiceius spp. ) Alpaca (Lama pacos) Reindeer (Rangifer tarandus) Yak (Bos grunniens) Camels (Camelus bactrianus and Camelus dromedarius) B. Unregulated Wildlife - Prior to adoption of this regulation (#ll03B) , possession of the listed species was expressly prohibited by Section 33-6-109(4) , C.R.S. The decision of the Wildlife Commission to authorize this possession as herein provided is based on the scientific evidence available to it at the time of adoption of the regulation. The Wildlife Commission retains the statutory authority and duty to amend there regulations and to impose requirements, restrictions, and/or prohibition on possession of any of the listed species if and when further evidence comes to the Wildlife Commission's attention which makes such amendments appropriate. Except for the provisions of section #007 regarding importation, #008 regarding the prohibited species list, #009 regarding release cf live wildlife, and section #1114 regarding the addition of species to the unregulated wildlife list, the wildlife enumerated in this list are otherwise exempted from the requirements of Wildlife Commission regula- tions. Unregulated wildlife may be imported, sold, bartered, traded, transferred, possessed, propagated and transported in Colorado provided that all importation, disease requirements and any other state, local or federal requirements are met. Statutory restrictions still apply. All marine animals (vertebrates and invertebrates) except for anadromous and catadromous species. Mammals: African pygmy hedgehog (Atelerix albiventris, Erinaceus albiventris) Sugar Gliders (Petaurus breviceps) Short-tailed Possum (Monodelphis domestica) Dama Wallaby (Tammar Wallaby) Macropus eugenii Swamp Wallaby Wallabia bicolor Bennet Wallaby (Red-necked Wallaby) Macropus rufogriseus Red Kangaroo Macropus rufus Wallaroo Macropus robustus Fishes: All tropical and subtropical fishes Common goldfish (Carassius auratus) Koi Birds: All tropical and subtropical birds in the Order Passeriformes: including but not limited to birds in the families: Sturnidae (Mynahs) Ramphastidae (Toucans, Toucanettes) Fringillidae (Siskins) Estrildidae (Finches) 5 Emberizidae (Cardinals) Ploceidae (Weavers) Timaliidae (Mesias) Viduinae (Wydahs) Thraupidae (Tanagers) Zosteropidae (Zosterops) . European Goldfinch (Carduelis carduelis) All Psitticine birds Reptiles and Amphibians: All non-native snakes in the families: Bolidae (giant snakes) Colubridae (modern snakes) , except venomous species Acrochordidae (file and elephant trunk snakes) Xenopeltidae (sunbeam snakes) Aniliidae (pipe snakes) Uropeltidae (shield-tailed snakes) All tropical and subtropical lizards in the Suborder Sauria, including but not limited to the following families or subfamilies: Agamidae (chisel-teeth lizards) Anelytropsidae (snake lizards) Anguidae (glass and alligator lizards) Chamaeleonidae (chameleons) Cordyl:Ldae (girdle-tailed lizards) Corytophanidae (casquehead lizards) Crotaphytidae (collared and leopard lizards) Dibamidae (blind lizards) Feyliniidae (African snake skinks) Gekkonidae (geckos) Pygopodidae (snake lizards) Scincidae (skinks) Eublepharidae (Eyelid geckos) Helodermatidae (beaded lizards, gila monsters) Iguanidae (iguanas) Lacerti.dae (wall lizards) Lanthanotidae (earless monitor) Phrynosomatidae (earless, spiny, and horned lizards) Polychridae (anoles) Teiidae (whiptail) Tropiduridae (neotropical ground lizards) Varanidae (monitor lizard) Xantusiidae (night lizard) Xenosauridae (knob-scaled lizards) . All tropical and subtropical turtles in the families: Carettochelyidae (New Guinea softshell turtles) Dermatemydidae (Central American river turtles) Kinosternidae (mud and musk turtles) Testudinidae (tortoises) Trionychidae (soft-shelled turtles) Red-eared slider (Trachemys scripta) All tropical and subtropical frogs and toads in the families: Atelopodidae (stub-footed toads) Bufonid.ae (true toads) Centrolenidae (glass frogs) Dendrobatidae (poison dart frogs) 6 Hylidae (tree frogs) Leptodactylidae (tropical frogs) Microhylidae (narrow-mouthed toads) Pelobatidae (spadefoot toads) Pelodytidae (spadefoot toads) Phrynomeridae (snake-necked frogs) Pipidae (clawed frogs, Surinam toads) Pseudidae (Harlequin frogs) Ranidae (true frogs) Rhacophoridae (flying frogs) Rhinophrynidae (cone-nosed toads) Rana pipiens (Leopard frog) acquired from lawful out-of-state source or instate commercial producer. Ambystoma tigrinum (Tiger salamander) acquired from lawful out-of-state source or instate commercial producer. Oriental fire-bellied toad (Bombina orientalis) Order Gymnophiona - Caecilians, tropical amphibians Order Urodela - Salamanders and newts Suborder Amphisbaenia - Worm lizards Caimens Members of the subfamily Phaisianae not native to North America except chukar partridge, grey partridge, red-legged partridge and ring-necked pheasant. Those species of ducks, geese and swans not listed in the regulations of the U.S. Fish & Wildlife Service in the Code of Federal Regulation 50 CFR. 10.13 (October 1, 1994) . This rule does not incorporate amendments to said U.S. Fish and Wildlife Service regulations. Information regarding this rule or copies may be obtained from the Terrestrial Wildlife Section, 6060 Broadway, Denver, CO 80216. C. Federal, state or county agencies or any person with a valid scientific collecting permit conducting research; zoos accredited by AAZPA, and individual animals used in carnival and animal acts which are licensed by the U.S. Department of Agriculture. D. No license is required for wildlife taken in accordance with commission regulation 1000.A.6. E. Up to 25 live ring-necked pheasants, Gambel's quail, scaled :pail, bobwhite quail, chukar, grey partridge or mallard ducks may be possessed for up to twenty-five (25) days without a license. Such wildlife shall be accompanied by a receipt showing that the wildlife have been lawfully acquired, to include the source and the purchase or acquisition date. These birds may only be hunted on the day of release and the number of birds taken cannot exceed the number of birds released. All released birds not taken by hunting on the day of release shall become property of the state. All hunting must occur on private property. No bird.; held under the authority of this section may be released and hunted during any season established for that species. #1104 - LICENSE TYPES A. Commercial Wildlife Park Licenses 7 1. Big Game Hunting Park - issued for hunting privately owned big game animals on private property. No new big game hunting park licenses shall be issued after July 1, 1996. Big Game Hunting Park licenses are renewable annually, expire on August 31 of each year and cost $100 as provided for in 33-4-102 C.R.S. . a. A Big Game Hunting Park Carcass tag will be provided by the Division at no cost. No hunting license is required for hunting captive wildlife within the park. Hunting can occur year-round. All wildlife removed from the park must be accompanied by a carcass tag, properly attached, showing number, sex, age, species, date taken, park number, hunters name and address and eartag and or tattoo number of each animal taken, if available. b. All wildlife released into the park must be marked with USDA official metal eartags and/or eartags provided or approved by the Division of Wildlife. All alternative livestock (fallow deer and elk) released into the park must be tattooed as provided by State Board of Livestock Inspection Commission regulations. c. No live wildlife may be removed from the park unless all provisions of these regulations concerning wildlife producers parks (tagging and the movement of live wildlife) have been met. d. All big game killed on Big Game Hunting Parks will be sub:ect to the "Slaughter Surveillance Program" for disease monitoring. See Wildlife Commission regulation #008G. 2. Wildlife Exhibitors Park - Issued to persons who exhibit live wildlife (except birds) for educational or promotional activities. wildlife Exhibitors Park licenses are renewable annually, expire on August: 31 of each year and cost $100 as provided for in 33-4-102 C.R.S. a. Exhibition of animals in the families Felidae, Ursidae or Canidae outside the licensed Wildlife Exhibitors Park premises is prohibited except under the following conditions: 1) Animals must be caged at all times, except as provided in 1104 (A) (2) (a) . Cages must be made from a minimum of 9 gauge wire, completely enclosed, including a top and a bottom; and shall be large enough to allow the animal being caged to stand up and turn around. 2) Animals may be exhibited out of cage only when the exhibitor is covered by a current and in-force insurance policy in the face amount of no less than $500, 000 coverage for general liability. Copies of the liability insurance policy shall be forwarded to the Special License Unit of the Division prior to the scheduled event. 3) Animals must remain caged during any exhibition in any educational institution . 4) All incidents involving exhibited wildlife where injury to wildlife or people occurs must be reported to the Special Licensing Unit within 24 hours. b. Exhibition of any wildlife for educational purposes is permitted under the following conditions: 1) A copy of the authorization from the educational institution, if exhibited at an educational institution, must be submitted to the 8 Special Licensing Unit prior to presentation. 2) A copy of the lesson plan must be submitted on an annual basis to the Division of Wildlife Education Unit. 3. Wildlife Producers Park - Issued for trading, selling, propagating, bartering, shooting, brokering, and transporting, live wildlife (except birds) and wildlife parts. Wildlife Producers Park licenses are renewable annually, expire on August 31 of each year and costs $100 as provided for in 33-4-102 C.R.S. . 4. Upland Bird and Waterfowl Hunting and Producers Park -Issued for the propagation and release of commercially raised upland game birds and waterfowl for preserve shooting. Upland Bird and Waterfowl Hunting and Producers Park licenses are renewable annually, expire on August 31 of each year and costs $100 as provided for in 33-4-102 C.R.S. . a. Boundaries of licensed areas shall be clearly identified with fencing, or other distinguishing features and shall be signed at intervals of not more than 400 yards. All hunting shall be limited to the area identified on the license. b. Total harvest of any bird species released on a commercial wildlife park shall be limited to no more than the number of flight capable birds released in a calendar year. c. Only the following wildlife species may be released and hunted under the authority of this license; Ring-necked pheasant, Gambel's, scaled, and bobwhite quail, chukar, gray partridge, and mallard ducks. Exceptions to this list may occur with the approval of the Director of the Division of Wildlife or designee. d. Wildlife taken under a Upland and Waterfowl Hunting and Producers Park may be taken within the licensed park without a hunting license, unless otherwise restricted by Federal law and may be taken from January 1 through December 31. A receipt must be issued to any hunter leaving the park with wildlife stating numbers of wildlife taken, sex, species, park number and date. 5. Zoological Park License - Issued for facilities, other than AAZPA accredited zoos, open to the public for wildlife exhibition. Zoological Park licenses are renewable annually, expire on August 31 of each year and cost $100 as provided for in 33-4-102 C.R.S. . a. Zoological Parks must meet all criteria of 33-4-102 (13) (a) C.R..S. as amended. B. Non-commercial Wildlife Park License 1. A licensee may only buy, propagate, give, trade, exchange, release, import or export any lawfully acquired birds or eggs in accordance with Wildlife Commission regulations. Such license activity may not be engaged in for the purpose of generating a profit. 2. Persons in possession of a private non-commercial wildlife park license prior to January 1, 1983 may continue to possess those individual mammals lawfully possessed on January 1, 1983, and progeny of said wildlife born after January 1, 1982, but no other captive wild mammals may be acquired. If mammals are possessed, all other regulations concerning captive mammals including facilities, record-keeping, transportation and marking shall apply. 9 3. Non-commercial Wildlife Park licenses are nontransferable and shall be valid for the life of the licensee. Any change in the location of the facilities for a noncommercial park must be approved as a license amendment, in advance, by the Division. Non-commercial Wildlife Park licenses cost $20.00 as provided for in 33-4-102 C.R.S. #1105 - APPLICATION REQUIREMENTS A. Prior to the issuance of any license, the Division shall determine that the applicant has met the following requirements: 1. Demonstrates it is a "commercial" operation by documenting it: has a profit motive as determined pursuant to the following criterLa. An applicant does not have to meet all of the listed criteria. These criteria include: a. Hiring of trained employees b. Maintenance of detailed business records c. Generation of profits d. Abandoning the activity when profits cannot be achieved e. Advertising f. Experiencing annual increases in net income from the activity g. Devoting significant amount of time to the activity h. Devoting significant amount of money to the activity i. Development of a written business plan j . Operating the activity in a business like manner k. Evidence of previous profitability in a similar activity 1. Consistent efforts to market products and/or services m. Exercising care in carrying on the activity n. Expectation of large profits if successful o. Having or developing expertise with respect to the activity p. Investigating the profit potential of the activity q. Filing state and federal income tax returns on the activity r. Inservice training for existing employees 2. Submission of a completed application form provided by the Division. 3 . Submission of a plan of the proposed park showing areas to be fenced, topography, type of fence and isolation facilities. 4 . Submission of a list of all facilities to be covered by the license, including the address/location. 5 . Certification by the applicant that the proposed possession of wildlife is not in violation of any city or county ordinance and submission of any required local permits. 6. Certification by the applicant that he/she has been provided with information by the Division of Wildlife about Chronic Wasting Disease (CWD) . B. Upon receipt of an application, the Division will review the application, inspect the facilities, determine if any negative impact to native wildlife will occur, and determine that the provisions of the chapter have been met. Approval, denial or conditions imposed will be based on compliance with the licensing, facilities, and protection of native wildlife criteria in this chapter 11. Written notification of the approval, denial (including reasons for the denial) , and any special conditions will be made within 60 days of receipt of the application by the Division. 10 C. Review of a denial of a Commercial Parks License shall he in accordance with Section 24-4-104 C.R.S. as may be amended. #1106 RECORD REQUIREMENTS A. A person licensed under this chapter shall maintain records on forms or ledgers provided by the Division of Wildlife or on forms which are mutually acceptable to the Division of Wildlife and the licensee. Such forms or ledgers shall be filled out completely and accurately. The forms or ledgers will include dates of purchase, birth, barter, trade or other form of acquisition; date of sale, death or other form of disposi- tion of each animal. Each animal, except fish, non-migratory birds, amphibians and reptiles, must be marked with "official eartags"/ta7s. No unmarked animals, except fish, non-migratory birds, amphibians, and reptiles may be sold or otherwise transferred from the facility. Individual USDA tag/tag, tattoo numbers will be recorded with the sex and age of each animal in the ledger. Dates and types of disease test=_ng and vaccination will be recorded in the ledger. All records will be retained for the period of ownership of the animal and for three (3) years after disposition. 1. All commercial park licensees shall notify the Division of Wildlife in writing within ten (10) days of all transfers, trades, sales, pa:.rchas- es, and deaths of any wildlife (except birds and fish) licensed under this chapter on forms provided by the Division. All ungulates will be reported by USDA tag and tattoo if available. 2. All original records must be kept at the same location where the animals are kept or at the instate home of record. B. When captive wildlife or eggs are sold, traded, taken, or otherwise disposed of from a commercial or non-commercial wildlife park, the licensee, or operator, shall, at the time of transfer of possession, give an invoice provided by the Division of Wildlife to the person receiving such wildlife or eggs. Such invoice shall be signed by the licensee, or operator, and such invoice shall show the name and address of the recipi- ent, the number or designation of the lake or park license of the buyer and seller, date of delivery, kind, number,sex, age or weight, and condi- tion of the wildlife or eggs. All available tags and tattoos will be recorded. #1107 EXPIRATION AND RENEWAL OF LICENSES A. Commercial Wildlife Park licenses are nontransferable and shall expire August thirty-first (31) of each year. Licenses may be renewed upon written request and payment of the required fee without submittinc a new application. All record-keeping and reporting requirements must be met prior to license renewal. B. All commercial park licensees must submit an annual report prior to license renewal that identifies all animals by species on the facility by USDA or DOW tag number or tattoo if available and by age and sex. However, birds should be identified by species, number and sex. C. All commercial park licensees must certify that they maintain their commercial status based on the criteria listed in section #1105. D. Non-compliance with the provisions of this chapter will result in revocation of the license in accordance with provisions of Section 24-4-104, C.R.S. and Section 33-6-106, C.R.S. The licensee whose license is revoked shall immediately and lawfully dispose of wildlife held pursuant to the license. Wildlife lawfully acquired must be disposed of 11 by the owner or his agent within 60 days of license revocation. E. Renewal of a license is contingent upon the licensee's compliance with relevant state statutes, Department of Agriculture regulations, and the provisions of this chapter. ARTICLE III - FACILITY REQUIREMENTS, (MOVED TO ARTICLE II) FACILITY/RECORD INSPECTIONS, TAGGING #1108 - FACILITY REQUIREMENTS A. All parks shall have isolation facilities designed to prevent intermixing of captive wildlife with other captive wildlife and free-ranging wildlife during periods of isolation. B. All parks licensed for captive ungulates except Big Game Hunting Parks shall have the capability to handle and mark ungulates without relying solely on the use of drugs. C. All facilities licensed to hold captive ungulates shall have pe:rimeter fences designed and maintained to meet the following minimum require- ments: 1. Fences - shall extend a minimum eight (8) feet above ground level of which at least the bottom six (6) feet must be mesh (maximum mesh size shall be 12-1/2" X 7") . The remaining two (2) feet may be smooth, barbed or woven wire with strands spaced not more than ten (10) inches apart. Such construction shall begin no more than 4 inches above ground level. 2. Minimum wire gauges - 12-1/2 gauge - conventional fence, 14-1/:2: gauge - woven hi-tensile. 3. All gates entering animal holding facilities which are holding animals shall be locked, or consecutive (double) , or self-closing gates. 4. Posts - four (4) inch minimum diameter wooden or equivalent. Spaced no more than 50 feet apart (60 foot spacing is allowed if there are at least two (2) steel posts between the wood posts) . There shall be a post or stay (wood or steel) every 20 feet. Posts must be at least 8 feet above ground level. Corners shall be braced wood or equiva- lent material. 5. Existing hi-tensile smooth wire fences shall be modified with stays spaced at minimum intervals of 8 feet. Note: The Division will recommend (but not require) that all facilities in the GMU's listed below double fence. The Division will offer materials for fencing but will not offer installation. This will be done via the existing game damage process. E. All facilities licensed to hold captive Ursidae (bears) , Canidae (wolves) , or Felidae (cats) shall be designed and maintained to meet the following requirements: 1. The minimum height above ground shall be 8 feet with a top cover over the entire enclosure or 10 feet with an inward cantilever having 2 16 gauge electrified wires on top. Walls shall extend three feet below ground if woven wire or chain link. Solid concrete wall:; shall extend at least one foot below ground. If the substrate will not permit sub-surface construction, 9 gauge chain link shall extend 3 12 feet inside on the surface. This surface wire shall be securely anchored. a. Except that facilities that only contain members of the family Canidae may have a minimum height of eight (8) feet, provided there are two (2) electrified wires - one on the top and one at the bottom. b. Nine gauge or heavier chain link must be used for fencing construc- tion below the 8 foot level if electrified wire is not used and for top cover construction. The 11 1/2 gauge or lighter wire may only be used in conjunction with 2 electrified wires. 2. A minimum of 2 consecutive, self closing, locked gates. 3 . Posts or stays every 10 feet, if less than 8 inches in diameter: or 20 feet if greater than 8 inches in diameter. F. All facilities for small mammals, amphibians, reptiles, and birds rust be designed constructed and maintained to provide: 1. Safety and protection for wildlife and people. a. Holding facilities and outdoor cages must be locked. b. Holding facilities must ensure containment for wildlife being held and exclusion of other wild and domestic animals. G. All commercial park licensees holding ungulates are required to notify the Division within 24 hours upon discovery of any native ungulate species which enter a commercial facility. The Division will direct or approve the removal of all native ungulates that have entered these facilities. #1109 - FACILITY, WILDLIFE AND RECORD INSPECTION A. The licensee must allow the inspection of captive wildlife, facilities, and records by representatives of the Division or other persons authorized to enforce these regulations at any reasonable time. B. Copies of all invoices shall be maintained by the licensee for the current and three previous years. These invoices shall be available for inspection during normal business hours by representatives of the Division or other persons authorized to enforce these regulations. C. Upon observing or having reason to believe that captive wildlife are diseased or have been exposed to an infectious disease, a Division or Department of Agriculture representative may request inspection of affected animals by an accredited veterinarian. Such inspections will be at the licensee's expense. A written report regarding health and welfare of captive wildlife inspected under this provision will be submitted to the Division and the State Veterinarian's Office. Any diseased captive wildlife that pose a significant threat to other wildlife, may be disposed of in accordance with statutes and regulations. (a.s per regulation #008.E in General Provisions) D. Commercial Wildlife Parks License holders with species in the family Cervidae in GMU's 6, 7, 8, 9, 17, 171, 18, 181, 19, 191, 20, 27, 28, 37, 371, 38, 87, 88, 89, 90, 91, 92, 93, 94, 95, 951, 96, 97, 98, 99, 100, 101, 102, and that portion of 104 North of I-70 shall notify the Division of any natural mortality within 24 hours of discovery of death to determine the need for tissue sampling for Chronic Wasting Disease Surveillance. 13 E. Costs associated with submission and analysis of tissue samples for Chronic Wasting Disease when requested by the Division will be paid for by the Division provided the samples are submitted in accordance with Division instructions. F. The Division will annually provide documentation of the Chronic Wasting Disease status of the licensed facility to license holders participating in the above mentioned surveillance program. #1110 - TAGGING REQUIREMENTS A. All wildlife, except birds, amphibians, reptiles, and the progeny of lawfully possessed big game held under the authority of a big game hunting park license, shall be permanently marked with USDA "Official eartags" or with eartags/tags supplied or approved by the Division of Wildlife; or in the case of carnivores (Ursids, felids and canids) tattooed with accompanying photograph (front and side view of .head) . Tags shall be issued to breeders on an annual basis. No tags may be transferred or removed, except that tags shall be removed from dead animals. The use, removal or loss of tags will be reported to the Division of Wildlife within ten (10) days of such use or discovery of loss on forms provided by the Division. Unused, removed and damaged tags shall be returned with the license renewal application at the end of the year. 1. All progeny of such wildlife must be tagged, as provided above, by December 31 of the year of birth or prior to leaving the facility, whichever is earlier. B. Migratory birds shall be marked or banded in accordance with Federal law. #1111 - #1112 VACANT ARTICLE IV - SPECIAL RESTRICTIONS #1113 - Escape of captive wildlife A. Wildlife which are illegally possessed or have escaped the owner's control and which are determined by the Division to be detrimental to native wildlife, habitat or other wildlife resources by threat of preda- tion, the spread of disease, habitat competition, interbreeding with native wildlife, or other significant damage, may be seized, captured or, where necessary, destroyed by the Division or any peace officer for the purpose of protecting and preserving Colorado's wildlife and their environment. The Division shall consider such wildlife to be a public nuisance and seek to hold the owner thereof responsible for any costs incurred in recovering, maintaining, or disposing of such wildlife in accordance with 33-1-106 (3) (c) , as well as any damages to the State's wildlife resources under appropriate statutory and common law. Escapes of native big game animals, felines, canids, or any exotic wildlife shall be reported to the Division of Wildlife and the local law enforcement agency within 24 hours of discovery of the loss. B. Most Restrictive Federal or State Law - In all cases of licensing, taking, possession, importation, exportation, release, marking ar.d sale of wildlife, the most restrictive state or federal law shall apply. #1114 - Unregulated Wildlife Listing or Delisting A. Persons desiring to place additional species of wildlife on the unregulated list or remove any species of wildlife from the unregulated 14 wildlife list may petition for such amendment pursuant to subsection 24- 4-103 (7) , C.R.S. The petitioner shall have the burden of proof to demonstrate that the amendment should be adopted by the Commission. The petition shall be in writing, shall contain a concise statement of the basis and purpose behind the requested amendment, a summary responding to each of the criteria listed below. Each request shall include appropriate additional evidence in support thereof. The petition shall be submitted to the Special Licensing Section of the Division of Wildlife and shall include documentation that the proposed species would or would not have detrimental effects on native wildlife. Such documentation should include but is not limited to the following specific information on each species being requested for consideration: 1. The scientific and common name or names including subspecies. 2. Habitat requirements and limitations, including an assessment of its survivability in Colorado's native habitats 3. The potential of the species to negatively impact or destroy native vegetation 4. All known associated diseases, including zoonotic diseases and para- sites 5. Predatory behavior, including assessment of the anticipated effect predation by the species would have on native wildlife and domestic animals 6. An assessment of the potential of the species to datage or destroy agricultural crops or rangeland 7. An assessment of the ability of the species to breed with native wildlife and domestic animals 8. Fecundity and reproductive behavior 9. Assessment of the competition this species would have with native wildlife and domestic animals for food, water, and space. 10. Information about the regulatory status of the species in Arizona, Nevada, Utah, Wyoming, Nebraska, Kansas, Oklahoma, New Mexico, Idaho, and Montana. The Division of Wildlife will maintain a file of the appropriate regulations from these states and make them available upon request. 11. Assessment of the "weediness" of the animal. The "weediness" of an animal shall be defined and assessed by the following criteria: 1. Characterization of the aggressiveness of the animal, 2. its ability to thrive in disturbed habitats, 3. its ability to disperse widely or pioneer, 4. its reproductive potential, and 5. its ability to adapt to other food sources (opportunistic feeding ability) 12. Bibliography of reference materials. 13. Assessment of the danger this animal poses to human if it were to escape. B. Requested amendments to the unregulated wildlife list must be received by the Special Licensing Section of the Division of Wildlife prior to October 1st of each calendar year. Such properly completed requests will be reviewed annually by the Wildlife Commission at their January and March meetings of the following calendar year. The Division will provide a summary of this information to the Departments of Health and Agriculture for their review. #1115 - RED DEER TESTING AND DOCUMENTATION A. All elk (Cervus elaphus canadensis, roosevelti, manitobensis, nannodes and nelsoni) imported into Colorado must be tested for hybridization with red deer (Cervus elaphus) as provided in section #007.B. Sucre tests will be conducted by a laboratory approved by the Division. Written documentation for each animal, by USDA Tag and/or Division tag, must be provided to the Division showing that each animal has been tested or is the offspring of pure parents. The Division shall issue annual certif- 15 ication of herd purity based on this documentation. A copy of the certificate of herd purity shall accompany all elk transported in Colorado. BASIS AND PURPOSE - These regulations are necessary for the management of wildlife resources in Colorado. A new non-regulatory introduction is added and is incorporated in this basis and purpose by reference. This new section is intended to provide a summary of the rules permitting and constraining the possession of live wildlife in Colorado. Several new definitions are added. These definitions are important reference points in interpreting and/or clarifying regulations. Several regulations are modified in an effort to redefine what constitutes "commercial" activity and to limit who qualifies for a commercial license. Commercial licenses are not intended to be issued for the private possession of live wildlife as pets. Commercial licenses are intended to allow legitimate commercial activity involving lawfully possessed wildlife. Licensing in general helps manage wildlife through revenue generated by the license sales but much more importantly through the control over what wildlife is possessed, where the facilities are located, how facilities are designed and under what conditions possession of wildlife is allowed. A series of tests to determine whether or not a person or business qualifies as commercial is included in these regulations. This list is not intended to be comprehensive nor are applicants required to satisfy each and every requirement. They are intended as relevant factors which when considered in totality will clearly describe whether a person is or =_ntends to be a commercial operation. These regulations place a moratorium on new commercial wildlife park licenses for any species in the family Cervidae in a delimited area of northeastern Colorado. In addition, these regulations establish a mandatory Chronic Wasting Disease (CWD) surveillance program in approximately 34 game management units in northeastern Colorado. These regulations are necessary to help control the movement of this disease to other locations. This disease (CWD) is currently known to exist only in the wild in Colorado and Wyoming and in one location in Canada. These regulations will help prevent the spread of the disease to other free ranging deer and elk and to licensed commercial wildlife park facilities. Chronic wasting disease affects animals in the family Cervidae. En our experience it is confined to deer and elk. It is characterized by behavioral changes and progressive loss of body condition that invariably leads to death in affected animals. Neither the causative agent nor its mode of transmission have been identified. There are no known treatments. There are also no tests available for diagnosing CWD in live animals. However, the biological evidence indicates that, tt is highly unlikely that CWD is naturally transmissible to man or animals other than deer or elk, although similar diseases affect domestic sheep worldwide and cattle in the United Kingdom and Europe. In contrast to traditional livestock species, captive mule deer and elk held in commercial wildlife parks and alternative livestock facilities are probably suscept:.ble to CWD. To date, CWD has not been diagnosed in any privately-owned cervids in Colorado or Wyoming. Introduction of CWD into commercial wildlife facilities would be a significant avenue for its spread to other native wildlife populations and would also have negative impacts on the Colorado commercial wildlife industry. In the absence of diagnostic tests or proven methods for effectively eradicating CWD, a course of action directed toward the prevention of the establishment of CWD in privately-owned captive wildlife seems most prudent. These regulations provide for that prudent approach. These regulations eliminate new commercial parks licenses issued in the category "Big Game Hunting Parks." Big Game Hunting Parks will not be eliminated. 16 However, no new Big Game Hunting Park licenses will be issued because such are not required to mark or tag young of the year produced within their parks. All new big game hunting activity on licensed facilities must occur on Wildlife Producers Parks beginning July 1, 1996 so that new licensees are required to mark and tag all animals (including progeny) in order to facilitate testing for disease and hybridization. Existing Big Game Hunting Parks can continue operating like they have in the past until the owners choose to no longer renew their licenses or until further regulated by the Wildlife Commission. These regulations create a new "Unregulated Wildlife" list primarily in an effort to clarify the "gray" area between Division of Wildlife, Department of Health, and Department of Agriculture jurisdiction over wildlife being held as pets. Because Colorado Wildlife Statutes broadly define the term wildlife, it literally includes some animals that have been viewed for years as pets. Tropical fish, parrots, parakeets, snakes as well as many other reptiles and amphibians are all viewed as pets by the public and the pet industry. In many cases, these animals have been sold for years, sometimes decades, in Colorado, with no known adverse impacts to native species. This situation has unfortunately caused confusion among agency personnel as well as the public as to what animals may be lawfully possessed. The confusion is caused by the literal application of the definition of wildlife versus a more practical applied application. The creation of this "Unregulated Wildlife" list is intended to reduce this confusion and decriminalize possession of exotic species that pose no significant threat to Colorado wildlife resources. The term "unregulated" is intended to be used only as a pragmatic descriptor for this category of wildlife. In fact, all regulatory control over this group of wildlife is not being relinquished by the Wildlife Commission. The regulations do not remove the prohibition over the intentional release of any lawfully possessed species in this category. The Wildlife Commission also retains authority over importation requirements and health certification requirement for all wildlife imported into this state. That authority and/or responsibility is shared with sister agencies such as the Department of Agriculture and Department of Public Health and Environment with which the Division of Wildlife is cooperating with in this effort. The Wildlife Commission makes it clear in these regulations that any future evidence of harm being caused by a currently "unregulated" species may result in Wildlife Commission action to once again control or prohibit possession of the species in the state. The creation of an "Unregulated Wildlife" list is an effort by the Wildlife Commission to balance the legitimate commercial practice involving the sale of some wildlife as pet animals with the important function of providing the necessary protection to Colorado's native wildlife resources. The biological basis for the Wildlife Commission action in creating an "Unregulated Wildlife" list and the initial listing of species, families and/or orders is based on a variety of evidence. By reference this basis and purpose hereby incorporates a summary on this issue prepared by John Seidel, Division of Wildlife Commercial Parks Specialist, entitled: Biological Invasions- - An Assessment of Colorado's Risks. This document was introduced into the rule making record and is available from the Division of Wildlife, 6060 North Broadway, Denver, Colorado 80216 . These regulations establish a process by which individuals can petition the Wildlife Commission for approval of the addition of other species to the unregulatied wildlife list, and in some circumstances, entire biological families. These petitions for approval must be initiated by a criteria based review of the natural history of the species for which the request is being made. The burden of providing this initial information is placed on the petitioner. Division staff will subsequently review this material and, through the normal 3- 17 step rule making process, working in cooperation with the Departments of Public Health and Environment and Agriculture, will make recommendations to the Commission for approval or denial of the petition. The protection afforded native species by this process is not absolute . The fundamental concepts summarized by Seidel provide an adequate biological basis for initial approvals or disapprovals. Federal laws, such as the Marine Mammal Protection Act, Migratory Bird Treaty Act, and Endangered Species Act continue to protect many species of wildlife which might otherwise be listed as "unregulated" at the state level. This unregulated category is not intended in any way to attempt to supercede those federal efforts. In addition, these regulations are not intended to supercede any local government efforts to control certain species of wildlife for public safety reasons. These regulations authorize the sale of Rana pipiens (leopard frogs) and Ambystoma tigrinum (tiger salamanders) obtained from lawful sources outside the State of Colorado. Both species are native to Colorado. However, the sale of individuals from outside the state does not pose a threat to native populations. Some park facilities requirements are added or modified. Facility requirements are generally provided for to ensure public safety and to ensure the welfare of the wildlife kept in the facilities. Regulations regarding the red deer testing and compensation program are deleted because the program has been completed and are replaced with testing and documentation requirements in an effort to keep native elk herds pure and free of red deer genetics. The primary statutory authority for these regulations is sections 33-1-101, -102, -104, -105, -106, -108 and -121, C.R.S. , 33-4-102 C.R.S. , Article 6 of Title 33, C.R.S. (1995) as amended, and 24-4-103, C.R.S. (1988 and 1995 Supp. ) as amended. EFFECTIVE DATE - THIS REGULATION SHALL BECOME EFFECTIVE JULY 1, 1996 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 1ST DAY OF MAY, 1996. Arnold Salazar Chairman Attest: Mark LeValley Secretary 18 EXHIBIT (card) ) US2 * 1253 SUBCHAPTER A-ANIMAL WELFARE PART 1-DEFINITION OF TERMS Service to whom authority has been delegated to act in his stead. Ambient temperature means the air AUTHoRrrY: 7 U.S.C. 2131-2159; 7 CFR 2.22, temperature surrounding the animal. 2.80,and 371.2(g). Animal means any live or dead dog, f 1.1 Definitions cat, nonhuman primate, guinea pig, hamster, rabbit, or any other warm- For the purposes of this subchapter, blooded animal, which is being used, or unless the context otherwise requires, is intended for use for research, teach- the following terms shall have the ing, testing, experimentation, or exhi- meanings assigned to them in this sec- bition purposes, or as a pet. This term tion. The singular form shall also sig- excludes: Birds, rats of the genus any the plural and the masculine form Rattus and mice of the genus Mus bred shall also signify the feminine. Words for use in research, and horses not used undefined in the following paragraphs for research purposes and other farm shall have the meaning attributed to animals, such as, but not limited to them in general usage as reflected by livestock or poultry, used or intended definitions in a standard dictionary. for use as food or fiber, or livestock or AC Regional Director means a veteri- poultry used or intended for use for im- narian or his designee, employed by proving animal nutrition, breeding, APHIS, who is assigned by the Admin- management, or production efficiency, istrator to supervise and perform the or for improving the quality of food or official work of APHIS in a given State fiber. With respect to a dog, the term or States. As used in part 2 of this sub- means all dogs, including those used chapter, the AC Regional Director for hunting, security, or breeding pur- shall be deemed to be the person in poses. charge of the official work of APHIS in Animal act means any performance of the State in which the dealer, exhibi- animals where such animals are tor, research facility, intermediate trained to perform some behavior or handler, carrier, or operator of an auc- action or are part of a show, perform- tion sale has his principal place of busi- ance, or exhibition. ness. APHIS official means any person em- Act means the Act of August 24, 1966 ployed by the Department who is au- (Pub. L. 89-544), (commonly known as thorized to perform a function under the Laboratory Animal Welfare Act), the Act and the regulations in 9 CFR as amended by the Act of December 24, parts 1,2, and 3. 1970 (Pub. L. 91-579), (the Animal Wel- Attending veterinarian means a person fare Act of 1970), the Act of April 22, who has graduated from a veterinary 1976 (Pub. L. 94-279), (the Animal Wel- school accredited by the American Vet- fare Act of 1976), and the Act of Decem- erinary Medical Association's Council ber 23, 1985 (Pub. L. 99-198), (the Food on Education, or has a certificate Security Act of 1985), and as it may be issued by the American Veterinary subsequently amended. Medical Association's Education Corn- Activity means, for purposes of part 2, mission for Foreign Veterinary Grad- subpart C of this subchapter, those ele- uates, or has received equivalent for- ments of research, testing, or teaching mal education as determined by the procedures that involve the care and Administrator; has received training use of animals. and/or experience in the care and man- Administrative unit means the organi- agement of the species being attended; zational or management unit at the de- and who has direct or delegated au- partmental level of a research facility. thority for activities involving animals Administrator means the Adminis- at a facility subject to the jurisdiction trator of the Animal and Plant Health of the Secretary. Inspection Service, U.S. Department of Buffer area means that area in a pri- Agriculture, or any other official of the mary enclosure for a swim-with-the- Animal and Plant Health Inspection dolphin program that is off-limits to 1 §1.I 9 CFR Ch. I (1-1-99 Edition) members of the public and that di- ing any foreign country, or between rectly abuts the interactive area. points within the same State but Business hours means a reasonable through any place outside thereof, or number of hours between 7 a.m. and 7 within any territory, possession, or the p.m., Monday through Friday, except District of Columbia; or for legal Federal holidays, each week (2) Which affects the commerce de- of the year, during which inspections scribed in this part. by APHIS may be made. Committee means the Institutional Business year means the 12-month pe- Animal Care and Use Committee Nod during which business is con- (IACUC) established under section 13(b) ducted, and may be either on a cal- of the Act. It shall consist of at least endar or fiscal-year basis. three (3) members, one of whom is the Carrier means the operator of any air- attending veterinarian of the research line, railroad, motor carrier, shipping facility and one of whom is not affili- line, or other enterprise which is en- ated in any way with the facility other gaged in the business of transporting than as a member of the committee, any animals for hire. however, if the research facility has Cat means any live or dead cat (Fells more than one Doctor of Veterinary catus)or any cat-hybrid cross. Medicine (DVM), another DVM with Class "A" licensee (breeder) means a delegated program responsibility may person subject to the licensing require- serve. The research facility shall estab- ments under part 2 and meeting the lish the Committee for the purpose of definition of a "dealer" (§1.1), and evaluating the care, treatment, hous- whose business involving animals con- ing, and use of animals, and for certify- sists only of animals that are bred and ing compliance with the Act by the re- raised on the premises in a closed or search facility. stable colony and those animals ac- Dealer means any person who, in quired for the sole purpose of maintain- commerce, for compensation or profit, ing or enhancing the breeding colony. delivers for transportation, or trans- Class "B" licensee means a person ports, except as a carrier, buys, or subject to the licensing requirements sells, or negotiates the purchase or sale under part 2 and meeting the definition of: Any dog or other animal whether of a "dealer" (§1.1), and whose business alive or dead (including unborn ani- includes the purchase and/or resale of mals, organs, limbs, blood, serum, or any animal. This term includes bro- other parts) for research, teaching, kers, and operators of an auction sale, testing, experimentation, exhibition, as such individuals negotiate or ar- or for use as a pet; or any dog for hunt- range for the purchase, sale, or trans- ing, security, or breeding purposes. port of animals in commerce. Such in- This term does not include: A retail pet dividuals do not usually take actual store, as defined in this section, unless physical possession or control of the such store sells any animals to a re- animals, and do not usually hold ani- search facility, an exhibitor, or a deal- male in any facilities. A class "B" li- er (wholesale); or any person who does censee may also exhibit animals as a not sell, or negotiate the purchase or minor part of the business. sale of any wild or exotic animal, dog, Class "C" licensee (exhibitor) means a or cat and who derives no more than person subject to the licensing require- $500 gross income from the sale of ani- ments under part 2 and meeting the mals other than wild or exotic animals, definition of an "exhibitor" (§1.1), and dogs, or cats, during any calendar year. whose business involves the showing or Department means the U.S. Depart- displaying of animals to the public. A ment of Agriculture. class "C" licensee may buy and sell Deputy Administrator means the Dep- animals as a minor part of the business uty Administrator for Animal Care in order to maintain or add to his ani- (AC) or any other official of AC to mal collection. whom authority has been delegated to Commerce means trade, traffic, trans- act in his stead. portation, or other commerce: Dog means any live or dead dog (1) Between a place in a State and (Canis familiaris) or any dog-hybrid any place outside of such State, includ- cross. 2 Animal and Plant Health Inspection Service, USDA §1.1 Dwarf hamster means any species of ing, management, or production effi- hamster such as the Chinese and Arme- ciency, or for improving the quality of nian species whose adult body size is food or fiber. This term also includes substantially less than that attained animals such as rabbits, mink, and by the Syrian or Golden species of chinchilla, when they are used solely hamsters. for purposes of meat or fur, and ani- Endangered species means those spe- mals such as horses and llamas when cies defined in the Endangered Species used solely as work and pack animals. Act(16 U.S.C. 1531 et seq.)and as it may Federal agency means an Executive be subsequently amended. agency as such term is defined in sec- Euthanasia means the humane de- tion 105 of title 5, United States Code, atrution of an animal accomplished by and with respect to any research facil- a method that produces rapid uncon- sciousness and subsequent death with- ity means the agency from which the out evidence of pain or distress, or a research facility receives a Federal method that utilizes anesthesia pro- award for the conduct of research, ex- duced by an agent that causes painless perimentation, or testing involving the loss of consciousness and subsequent use of animals. death Federal award means any mechanism Exhibitor means any person (public or (including a grant, award, loan, con- private) exhibiting any animals, which tract, or cooperative agreement) under were purchased in commerce or the in- which Federal funds are used to sup- tended distribution of which affects port the conduct of research, experi- commerce, or will affect commerce, to mentation, or testing, involving the the public for compensation, as deter- use of animals. The permit system es- mined by the Secretary. This term in- tablished under the authorities of the cludes carnivals, circuses, animal acts, Endangered Species Act, the Marine zoos, and educational exhibits, exhibit- Mammal Protection Act, and the Mi- ing such animals whether operated for gratory Bird Treaty Act, are not con- profit or not. This term excludes retail sidered to be Federal awards under the pet stores, horse and dog races, organi- Animal Welfare Act. zations sponsoring and all persons par- Federal research facility means each ticipating in State and county fairs, department, agency, or instrumental- li vestock ivestovesto ckk shows, rodeos, field trials, coursing events, purebred dog and cat ity of the United States which uses live shows and any other fairs or exhibi- animals for research or experimen- tions intended to advance agricultural tation. arts and sciences as may be determined Field study means any study con- by the Secretary. ducted on free-living wild animals in Exotic animal means any animal not their natural habitat, which does not identified in the definition of"animal" involve an invasive procedure, and provided in this part that is native to a which does not harm or materially foreign country or of foreign origin or alter the behavior of the animals under character, is not native to the United study. States, or was introduced from abroad. Handling means petting, feeding, wa- This term specifically includes animals tering, cleaning, manipulating, load- such as, but not limited to, lions, ti- Sag, crating, shifting, transferring, im- gers, leopards, elephants, camels, ante- mobilizing, restraining, treating, train- lope, anteaters, kangaroos, and water ing, working and moving, or buffalo, and species of foreign domesticany cattle, such as Ankole, Gayal, and Yak. lar activity with respect t to any ani- cattle, ani- - Farm animal means any domestic spe- mat. cies of cattle, sheep, swine, goats, lla- Housing facility means any land, mac, or horses, which are normally and premises, shed, barn, building, trailer, have historically, been kept and raised or other structure or area housing or on farms in the United States, and used intended to house animals. or intended for use as food or fiber, or Hybrid cross means an animal result- for improving animal nutrition, breed- ing from the crossbreeding between 3 §1.1 9 CPR Ch. 1 (1-1-99 Edtlon) two different species or types of ani- gaged in any business in which he re- mals. Crosses between wild animal spe- ceives custody of animals in connec- des, such as lions and tigers, are con- tion with their transportation in corn- sidered to be wild animals. Crosses be- merce. tween wild animal species and domes- Inspector means any person employed tic animals, such as dogs and wolves or by the Department who is authorized buffalo and domestic cattle, are consid- to perform a function under the Act ered to be domestic animals. and the regulations in 9 CFR parts 1, 2, Impervious surface means a surface and 3. that does not permit the absorption of Institutional official means the indi- fluids. Such surfaces are those that can vidual at a research facility who is au- be thoroughly and repeatedly cleaned thorized to legally commit on behalf of and disinfected, will not retain odors, the research facility that the require- and from which fluids bead up and run ments of 9 CFR parts 1, 2, and 3 will be off or can be removed without their met. being absorbed into the surface mate- Isolation in regard to marine mam- rial. mals means the physical separation of Indoor housing facility means any animals to prevent contact and a sepa- structure or building with environ- rate, noncommon, water circulation mental controls housing or intended to and filtration system for the isolated house animals and meeting the follow- animals. ing three requirements: Licensed veterinarian means a person (1) It must be capable of controlling who has graduated from an accredited the temperature within the building or school of veterinary medicine or has structure within the limits set forth received equivalent formal education for that species of animal, of maintain- as determined by the Administrator, ing humidity levels of 30 to 70 percent and who has a valid license to practice and of rapidly eliminating odors from veterinary medicine in some State. within the building; and Licensee means any person licensed (2)It must be an enclosure created by according to the provisions of the Act the continuous connection of a roof, and the regulations in part 2 of this floor, and walls (a shed or barn set on subchapter. top of the ground does not have a con- Major operative procedure means any tinuous connection between the walls surgical intervention that penetrates and the ground unless a foundation and and exposes a body cavity or any proce- floor are provided); and dure which produces permanent im- (3) It must have at least one door for pairment of physical or physiological entry and exit that can be opened and functions. closed (any windows or openings which Minimum horizontal dimension (MID) provide natural light must be covered means the diameter of a circular pool with a transparent material such as of water, or in the case of a square, rec- glass or hard plastic). tangle, oblong, or other shape pool, the Interactive area means that area in a diameter of the largest circle that can primary enclosure for a swim-with-the- be inserted within the confines of such dolphin program where an interactive a pool of water. session takes place. Mobile or traveling housing facility Interactive session means a swim-with- means a transporting vehicle such as a the-dolphin program session where truck, trailer, or railway car, used to members of the public enter a primary house animals while traveling for exhi- enclosure to interact with cetaceans. bition or public education purposes. Intermediate handler means any per- Nonconditioned animals means ani- son, including a department, agency, or mals which have not been subjected to instrumentality of the United States special care and treatment for suffi- or of any State or local government cient time to stabilize, and where nec- (other than a dealer, research facility. essary,to improve their health. exhibitor, any person excluded from Nonhuman primate means any the definition of a dealer, research fa- nonhuman member of the highest order cility, or exhibitor, an operator of an of mammals including prosimians, auction sale, or a carrier), who is en- monkeys, and apes. 4 Animal and Plant Health Inspection Service, USDA §1.1 Operator of an auction sale means any Principal investigator means an em- person who is engaged in operating an ployee of a research facility, or other auction at which animals are pur- person associated with a research facil- chased or sold in commerce. ity, responsible for a proposal to con- Outdoor housing facility means any duct research and for the design and structure, building, land, or premise, implementation of research involving housing or intended to house animals, animals. which does not meet the definition of Quorum means a majority of the any other type of housing facility pro- Committee members. vided in the regulations, and in which Random source means dogs and cats temperatures cannot be controlled obtained from animal pounds or shel- within set limits. ters, auction sales, or from any person Painful procedure as applied to any who did not breed and raise them on animal means any procedure that his or her premises. would reasonably be expected to cause il- more than slight or momentary pain or y, carrier, means any research handler,fa or distress in a human being to which exhibitor tori i requir d to liced that procedure was applied, that is, under not n 3 oof the Act,o gctered pain in excess of that caused by injec- section 3 provisions the of registered tions or other minor procedures. pursuant eto the n the Act Paralytic drug means a drug which and the regulations in part 2 of this causes partial or complete loss of mus- subchapter. cle contraction and which has no anes- thetic Research facility means any school or analgesic properties, so that (except an elementary or secondary the animal cannot move, but is com- school), institution, organization, or pletely aware of its surroundings and person that uses or intends to use live can feel pain. animals in research, tests, or experi- Person means any individual, part- manta, and that (1) purchases or trans- nership, firm, joint stock company, ports live animals in commerce, or (2) corporation, association, trust, estate, receives funds under a rant, award, or other legal entity. loan, or contract from a department, Pet animal means any animal that agency, or instrumentality of the has commonly been kept as a pet in United States for the purpose of carry- family households in the United ing out research, tests, or experiments: States, such as dogs, cats, guinea pigs, Provided, That the Administrator may rabbits, and hamsters. This term ex- exempt, by regulation, any such chides exotic animals and wild ant- school, institution, organization, or mals. person that does not use or intend to Positive physical contact means pet- use live dogs or cats, except those ting, stroking, or other touching, schools, institutions, organizations, or which is beneficial to the well-being of Persons, which use substantial numbers the animal. (as determined by the Administrator) Pound or shelter means a facility that of live animals the principal function accepts and/or seizes animals for the of which schools, institutions, organ': purpose of caring for them, placing zations, or persons, is biomedical re- them through adoption, or carrying search or testing, when in the judg- out law enforcement, whether or not ment of the Administrator, any such the facility is operated for profit. exemption does not vitiate the purpose Primary conveyance means the main of the Act. method of transportation used to con- Retail pet store means any outlet vey an animal from origin to destine- where only the following animals are tion, such as a motor vehicle, plane, sold or offered for sale, at retail, for ship,or train. use as pets: Dogs, cats, rabbits, guinea Primary enclosure means any struc- pigs, hamsters, gerbils, rats, mice, go- ture or device used to restrict an ani- phers, chinchilla, domestic ferrets, do- mal or animals to a limited amount of mastic farm animals, birds, and cold- space, such as a room, pen, run, cage, blooded species. Such definition ex- compartment,pool, or hutch. eludes— 5 §1.1 9 CPR Ch. I (1-1-99 Edition) (1) Establishments or persons who Study area means any building room, deal in dogs used for hunting, security, area, enclosure, or other containment or breeding purposes; outside of a core facility or centrally (2) Establishments or persons exhib- designated or managed area in which iting, selling, or offering to exhibit or animals are housed for more than 12 sell any wild or exotic or other nonpet hours. species of warmblooded animals (ex- Swim-with-the-dolphin (SWTD) pro- cept birds), such as skunks, raccoons, gram means any human-cetacean inter- nonhuman primates, squirrels, ocelots, active program in which a member of foxes, coyotes, etc.; the public enters the primary enclosure (3) Any establishment or person sell- in which an SWTD designated cetacean ing warmblooded animals(except birds, is housed to interact with the animal. and laboratory rats and mice) for re- This interaction includes, but such in- search or exhibition purposes;and elusions are not limited to, wading, (4) Any establishment wholesaling swimming, snorkeling, or scuba diving any animals (except birds, rats and in the enclosure. This interaction ex- mice). eludes,but such exclusions are not lim- (5) Any establishment exhibiting pet ited to, feeding and petting pools, and animals in a room that 1s separate the participation of any member(s) of from or adjacent to the retail pet store, the public audience as a minor segment or in an outside area, or anywhere off the retail pet store premises. of an educational presentation or per- Sanctuary area means that area in a formance of a show. primary enclosure for a swim-with-the- Transporting device means an interim dolphin program that is off-limits to vehicle or device, other than man, used the public and that directly abuts the to transport an animal between the buffer area. primary conveyance and the terminal Sanitize means to make physically facility or in and around the terminal clean and to remove and destroy, to facility of a carrier or intermediate the maximum degree that is practical, handler. agents injurious to health. Transporting vehicle means any truck, Secretary means the Secretary of Ag- car, trailer, airplane, ship, or railroad riculture of the United States or his car used for transporting animals. representative who shall be an em- Weaned means that an animal has be- ployee of the Department. come accustomed to take solid food Sheltered housing facility means a and has so done, without nursing, for a housing facility which provides the period of at least 5 days. animals with shelter; protection from Wild animal means any animal which the elements; and protection from tem- is now or historically has been found in perature extremes at all times. A shel- the wild, or in the wild state, within tered housing facility may consist of the boundaries of the United States, its runs or pens totally enclosed in a barn territories, or possessions. This term or building, or of connecting inside/out- includes, but is not limited to, animals side runs or pens with the inside pens such as: Deer, skunk, opossum, rac- in a totally enclosed building. coon, mink, armadillo, coyote, squir- Standards means the requirements rel,fox,wolf. with respect to the humane housing, Wild state means living in its origl- exhibitioa, handling, care, treatment, nal, natural condition; not domes- temperature, and transportation of Mated. animals by dealers, exhibitors research Zoo means any park, building, cage, facilities, carriers, intermediate han- dlers, and operators of auction sales as enclosure, or other structure or set forth in part 3 of this subchapter. premise in which a live animal or ant- State means a State of the United male are kept for public exhibition or States, the District of Columbia, Com- viewing,regardless of compensation. monwealth of Puerto Rico, the Virgin [59 FR 36119, Aug. 91, 1989, as amended at 55 Islands, Guam, American Samoa, or FR 12631, Apr. 5, 1990; 58 FR 39129, July 22, any other territory or possession of the 1993; 62 FR 93275, Aug. 13, 1997; 63 FR 97148, United States. Sept.9,1998;69 FR 62926,Nov.10,1998] 6 Animal and Plant Health Inspection Service, USDA §2.1 PART 2-REGULATIONS 2.76 Records: Operators of auction sales and brokers. Subpart A—Licensing 2.77 Records: Carriers and intermediate handlers. Sec. 2.78 Health certification and identification. 2.1 Requirements and application. 2.79 C.O.D.shipments. 2.2 Acknowledgement of regulations and 2.80 Records,disposition. standards. 2.3 Demonstration of compliance with Subpart H—Compliance With Standards standards and regulations. and Holding Period 2.4 Non-interference with APHIS officials. 2.5 Duration of license and termination of 2.100 Compliance with standards. license. 2.101 Holding period. 2.6 Annual license fees. 2.102 Holding facility. 2.7 Annual report by licensees. 2.8 Notification of change of name, address, Subpart I—Miscellaneous control,or ownership of business. 2.9 Officers, agents, and employees of 11- 2.125 Information as to business; furnishing censees whose licenses have been sus- of same by dealers, exhibitors, operators pended or revoked. of auction sales, intermediate handlers, 2.10 Licensees whose licenses have been sus- and carriers. pended or revoked. 2.126 Access and inspection of records and 2.11 Denial of initial license application. property. B—Reglshatbn 2.127 Publication of names of persons sub- Subpart ject to the provisions of this part. 2.25 Requirements and procedures. 2.128 Inspection for missing animals. 2.26 Acknowledgement of regulations and 2.129 Confiscation and destruction of ani- standards. mals. 2.27 Notification of change of operation. 2.130 Minimum age requirements. 2.131 Handling of animals. Subpart C—Research Facilities 2.132 Procurement of random source dogs and cats,dealers. 2.30 Registration. 2.133 Certification for random source dogs 2.31 Institutional Animal Care and Use and cats. Committee(IACUC). 2.32 Personnel qualifications. AUTHORITY: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.33 Attending veterinarian and adequate 2.80,and 371.2(g). veterinary care. SOURCE: 54 FR 36147, Aug. 31, 1989, unless 2.34 [Reserved] otherwise noted. 2.35 Recordkeeping requirements. 2.36 Annual report. 2.37 Federal research facilities. Subpart A—Licensing 2.38 Miscellaneous. 2.1 Requirements and application. Subpart D—Attending Veterinarian and Adequate Veterinary Care (a)(1) Any person operating or desir- ing to operate as a dealer, exhibitor, or 2.40 Attending veterinarian and adequate operator of an auction sale, except per- veterinary care(dealers and exhibitors). sons who are exempted from the licens- ing Subpart E—Identitioaflon of Animals requirements under paragraph (a)(3) of this section, must have a valid 2.50 Time and method of identification. license. A person must be 18 years of 2.51 Form of official tag. age or older to obtain a license. A per- 2.52 How to obtain tags. son seeking a license shall apply on a 2.53 Use of tags. form which will be furnished by the AC 2.54 Lost tags. 2.55 Removal and disposal of tags. Regional Director in the State in which that person operates or intends Subpart F-~Stolen Animals to operate. The applicant shall provide the information requested on the appli- 2.60 Prohibition on the purchase, sale, use, cation form, including a valid mailing or transportation of stolen animals. address through which the licensee or Subpart 6—Records applicant can be reached at all times, and a valid premises address where ani- 2.75 Records: Dealers and exhibitors. mals, animal facilities, equipment, and 7 §2.1 9 CFR Ch. 1 (1-1-99 Edition) records may be inspected for compli- (v) Any person who arranges for ance. The applicant shall file the corn- transportation or transports animals pleted application form with the AC solely for the purpose of breeding, ex- Regional Director. hibiting in purebred shows, boarding (2) If an applicant for a license or H- (not in association with commercial cense renewal operates in more than transportation), grooming, or medical one State, he or she shall apply in the treatment, and is not otherwise re- State in which he or she has his or her quired to obtain a license; principal place of business. All prem- (vi) Any person who buys, sells, ises, facilities, or sites where such per- transports, or negotiates the sale, pur- son operates or keeps animals shall be chase, or transportation of any animals indicated on the application form or on used only for the purposes of food or a separate sheet attached to it. The fiber(including fur); completed application form, along with (vii) Any person who breeds and the application fee indicated in para- raises domestic pet animals for direct graph (d) of this section, and the an- retail sales to another person for the nual license fee indicated in table 1 or buyer's own use and who buys no ani- 2 of§2.6 shall be filed with the AC Re- mals for resale and who sells no ani- gional Director. mals to a research facility, an exhibi- (3) The following persons are exempt tor, a dealer, or a pet store (e.g., a from the licensing requirements under purebred dog or cat fancier) and is not section 2 or section 3 of the Act: otherwise required to obtain a license; (i) Retail pet stores which sell non- (viii) Any person who buys animals dangerous, pet-type animals, such as solely for his or her own use or enjoy- dogs, cats, birds, rabbits, hamsters, ment and does not sell or exhibit ani- guinea pigs, gophers, domestic ferrets, mals, or is not otherwise required to obtain a license; chinchilla, rats, and mice, for pets, at retail (b) Any person who sells fewer than only: Provided, That, Anyone wholesaling any animals, selling any 25 dogs or cats per year for research or animals for research or exhibition, or teaching purposes and who is not oth- erwise selling any wild, exotic, or nonpet ani- required to obtain a license may obtain a voluntary license, provided mals retail, must have a license; (ii) Any person who sells or nego- the animals or erwere born and raised on tiates the sale or purchase of any ani- his censee her pommply withA voluntary requ require- malli- except wild or exotic animals, shall comply the dogs, or cats, and who derives no more and ments the foS dealers set forth in this H part and Specifications for the Humane than $500 gross income from the sale of Handling, Care, Treatment, and Trans- such animals to a research facility, an portation of Dogs and Cats set forth in exhibitor, a dealer, or a pet store dur- part 3 of this subchapter and shall ing any calendar year and is not other- agree in writing on a form furnished by wise required to obtain a license; APHIS to comply with all the require- (iii) Any person who maintains a ments of the Act and this subchapter. total of three (3) or fewer breeding fe- Voluntary licenses will not be issued to male dogs and/or cats and who sells any other persons. To obtain a vol- only the offspring of these dogs or cats, untary license the applicant shall sub- which were born and raised on his or mit to the AC Regional Director the her premises, for pets or exhibition, application fee of$10 plus an annual 11- and is not otherwise required to obtain cense fee. The class of license issued a license; and the fee for a voluntary license (iv) Any person who sells fewer than shall be that of a Class "A" licensee 25 dogs and/or cats per year which were (breeder). Voluntary licenses will not born and raised on his or her premises, be issued to any other persons or for for research, teaching, or testing pur- any other class of license. poses or to any research facility and is (c) No person shall have more than not otherwise required to obtain a li- one license. cense. The sale of any dog or cat not (d) A license will be issued to any ap- born and raised on the premises for re- plicant, except as provided in §§2.10 and search purposes requires a license; 2.11, when the applicant: 8 Animal and Plant Health Inspection Service, USDA §2.3 (I) Has met the requirements of this cense application. The applicant shall section and of§§2.2 and 2.3;and acknowledge receipt of the regulations (2) Has paid the application fee of$10 and standards and agree to comply and the annual license fee indicated in with them by signing the application §2.6 to the AC Regional Director and form before a license will be issued. the payment has cleared normal bank- (b) Application for license renewal. ing procedures. APHIS will supply a copy of the appli- (e)(1)On or before the expiration date cable regulations and standards to the of the license, a licensee who wishes a applicant for license renewal with each renewal shall submit to the AC Re- request for a license renewal. Before a gional Director a completed applica- license will be renewed, the applicant tion form and the application fee of$10, for license renewal shall acknowledge plus the annual license fee indicated in receipt if the regulations and standards §2.6 by certified check, cashier's check, and shall certify by signing the appli- personal check, or money order. A vol- cations form that, to the best of the untary licensee who wishes a renewal applicant's knowledge and belief, he or shall also submit the $10 application she is in compliance with the regula- fee plus an annual license fee. An appli- tions and standards and agrees to con- cant whose check is returned by the tinue to comply with the regulations bank will be charged a fee of $15 for and standards. each returned check. One returned check will be deemed nonpayment of [60 FR 13895,Mar.15, 1995) fees and will result in denial of license. Payment of fees must then be made by $2.3 Demonstration of compliance certified check, cashier's check, or with standards and regulations. money order. An applicant will not be (a) Each applicant must demonstrate licensed until his or her payment has that his or her premises and any ani- cleared normal banking procedures. mals, facilities, vehicles, equipment, or (2) The 310 application fee must also other premises used or intended for use be paid if an applicant is applying for a in the business comply with the regula- changed class of license. The applicant tions and standards set forth in parts 2 may pay such fees by certified check, and 3 of this subchapter. Each appli- cashier's check, personal check, or cant for an initial license or license re- money order. An applicant whose newal must make his or her animals, check is returned by a bank will be premises, facilities, vehicles, equip- charged a fee of $15 for each returned ment, other premises, and records check and will be required to pay all available for inspection during busi- subsequent fees by certified check, ness hours and at other times mutually money order, or cashier's check. A 11- agreeable to the applicant and APHIS, cense will not be issued until payment to ascertain the applicant's compliance has cleared normal banking proce- with the standards and regulations. dures. (b) In the case of an application for (f) The failure of any person to com- an initial license, the applicant must ply with any provision of the Act, or demonstrate compliance with the regu- any of the provisions of the regulations lations and standards, as required in or standards in this subchapter, shall paragraph (a) of this section, before constitute grounds for denial of a li- APHIS will issue a license. If the appli- cense; or for its suspension or revoca- cant's animals, premises, facilities, ve- tion by the Secretary, as provided in hides, equipment, other premises, or the Act. records do not meet the requirements [54 FR 36147, Aug. 31, 1989, as amended at 63 of this subchapter, APHIS will advise FR 62926,Nov. 10,1998] the applicant of existing deficiencies and the corrective measures that must $2.2 Acknowledgement of regulations be completed to come into compliance and standards. with the regulations and standards. (a) Application for initial license. The applicant will have two more APHIS will supply a copy of the appli- chances to demonstrate his or her com- cable regulations and standards to the pliance with the regulations and stand- applicant with each request for a 11- ards through re-inspection by APHIS. 9 §2.4 9 CFR Ch. 1 (1-1-99 Edition) If the applicant fails the third inspec- notice of their address in conformity tion he or she will forfeit the applica- with the requirements in§2.1. tion fee and cannot re-apply for a li- (d) Any person who seeks the rein- cense for a period of 6 months following statement of a license that has been the third inspection. Issuance of the li- automatically terminated must follow cense will be denied until the applicant the procedure applicable to new appli- demonstrates upon inspection that the cants for a license set forth in§2.1. animals, premises, facilities, vehicles, (e)Licenses are issued to specific per- equipment, other premises and records sons for specific premises and do not are in compliance with all regulations transfer upon change of ownership, nor and standards in this subchapter. are they valid at a different location. (f) A license which is invalid under §2.4 Non-interference with APHIS offi- this part shall be surrendered to the cials. AC Regional Director. If the license A licensee or applicant for an initial cannot be found, the licensee shall pro- license shall not interfere with, threat- vide a written statement so stating to en, abuse (including verbally abuse), or the AC Regional Director. harass any APHIS official in the course [54 FR 36147, Aug. 31, 1989. as amended at 60 of carrying out his or her duties. FR 13895. Mar. 15, 1995; 63 FR 62926, Nov. 10, 1998] 02.5 Duration of license and termi- nation of license. 112.6 Annual license fees. (a) A license issued under this part (a) In addition to the application fee shall be valid and effective unless: of$10 required to be paid upon the ap- (1) The license has been revoked or plication for a license, license renewal, suspended pursuant to section 19 of the or changed class of license under §2.1, Act. each licensee shall submit to the AC (2) The license is voluntarily termi- Regional Director the annual license nated upon request of the licensee, in fee prescribed in this section. Para- writing, to the AC Regional Director. graph (b) of this section indicates the (3) The license has expired or been method used to calculate the appro- terminated under this part. priate fee. The amount of the fee is de- (4) The applicant has failed to pay termined from Table 1 or 2 in para- the application fee and the annual li- graph(c) of this section. cense fee as required in §§2.1 and 2.6. (b)(1) Class "A" license. The annual There will be no refund of fees if a li- license renewal fee for a Class "A" cense is terminated prior to its expire- dealer shall be based on 50 percent of tion date. the total gross amount, expressed in (b) Any person who is licensed must dollars, derived from the sale of ani- file an application for a license renewal mals to research facilities, dealers, ex- and an annual report form (APHIS hibitors, retail pet stores, and persons Form 7003/VS Form 18-3) as required by for use as pets, directly or through an §2.7, and pay the required fees, on or auction sale, by the dealer or applicant before the expiration date of the during his or her preceding business present license or the license shall ex- year (calendar or fiscal) in the case of pire and automatically terminate on a person who operated during such a its anniversary date. The licensee will year. If animals are leased, the lessor be notified by certified mail at least 60 shall pay a fee based on 50 percent of days prior to the expiration date of the any compensation received from the license. Failure to comply with the an- leased animals and the lessee shall pay nual reporting requirements, or to pay a fee based upon the net compensation the required license fees prior to the received from the leased animals, as in- expiration date of the license, shall re- dicated for dealers in Table 1 in para- sult in automatic termination of such graph(c)of this section. license on the anniversary date of the (2) Class "B" license. The annual li- license. cense renewal fee for a Class "B" deal- (c) Licensees must accept delivery of er shall be established by calculating registered mail or certified mail notice the total amount received from the and provide the AC Regional Director sale of animals to research facilities, 10 Animal and Plant Health Inspection Service, USDA §2.6 dealers, exhibitors, retail pet stores, hibitor is holding or has held during and persons for use as pets, directly or the year(both owned and leased). through an auction sale, during the (c) The license fee shall be computed preceding business year (calendar or in accordance with the following ta- fiscal) less the amount paid for the ani- tiles: male by the dealer or applicant. This net difference, exclusive of other costs, TABLE 1—DEALERS, BROKERS AND OPERATORS shall be the figure used to determine OF AN AUCTION SALE CLASS „A„ AND "B" Li- the license fee of a Class "B" dealer. If CENSE animals are leased, the lessor and les- see shall each pay a fee based on the Over But NotFee net compensation received from the - leased animals calculated from Table 1 50 ss00 $30 in paragraph(c)of this section. 500 2,000 60 2,000 10,000 120 (3)The annual license renewal fee for 15.000 50.000 250 a broker or operator of an auction sale 25.000 50.000 350 shall be that of a class "B" dealer and 50,000 100,000 475 shall be based on the total gross 100.000 750 amount, expressed in dollars, derived from commissions or fees charged for TABLE 2—EXHIBITORS—CLASS"C" LICENSE the sale of animals, or for negotiating the sale of animals, by brokers or by Number of Animals Fee the operator of an auction sale, to re- ro s sso search facilities, dealers, exhibitors, s to 25 75 retail pet stores, and persons for use as 26 to so 175 pets, during the preceding business 51 to 500 225 year(calendar or fiscal). 501 end up 300 (4) In the case of a new applicant for a license as a dealer, broker or opera- (d) If a person meets the licensing re- tor of an auction sale who did not oper- quirements for more than one class of ate during a preceding business year, license, he shall be required to obtain a the annual license fee will be based on license and pay the fee for the type the anticipated yearly dollar amount business which is predominant for his of business, as provided in paragraphs operation, as determined by the Sec- (b)(1), (2), and (3) of this section, de- retary. rived from the sale of animals to re- (e) In any situation in which a li- search facilities, dealers, exhibitors, censee shall have demonstrated in retail pet stores, and persons for use as writing to the satisfaction of the Sec- pets, directly or through an auction retary that he or she has good reason sale. to believe that the dollar amount of his (5) The amount of the annual fee to or her business for the forthcoming be paid upon application for a class business year will be leas than the pre- "C" license as an exhibitor under this vious business year, then his or her es- section shall be based on the number of timated dollar amount of business animals which the exhibitor owned, shall be used for computing the license held, or exhibited at the time the ap- fee for the forthcoming business year: plication is signed and dated or during Provided, however, That if the dollar the previous year, whichever is greater, amount upon which the license fee is and will be the amount listed in Table based for that year does in fact exceed 2 in paragraph (c) of this section. Ani- the amount estimated, the difference mals which are leased shall be included in amount of the fee paid and that in the number of animals being held by which was due under paragraphs (b) both the lessor and the lessee when cal- and (c) of this section based upon the culating the annual fee. An exhibitor actual dollar business upon which the shall pay hie or her annual license fee license fee is based, shall be payable in on or before the expiration date of the addition to the required annual license license and the fee shall be based on fee for the next subsequent year, on the the number of animals which the ex- 11 §2.7 9 CFR Ch. 1 (1-1-99 Edition) anniversary date of his or her license or of any additional sites, within 10 as prescribed in this section. days of any change. [54 FR 36147, Aug. 31, 1989, as amended at 63 [54 FR 36147, Aug. 31. 1989, as amended at 63 FR 62926,Nov.10, 1998) FR 62926,Nov. 10,1998] 02.7 Annual report by licensees. 62.9 Officers,agents,and employees of licensees whose licenses have been (a) Each year, within 30 days prior to suspended or revoked. the expiration date of his or her li- Any person who has been or is an of- cense, a licensee shall file with the AC ficer, agent, or employee of a licensee Regional Director an application for 1i- whose license has been suspended or re- cense renewal and annual report upon a yoked and who was responsible for or form which the AC Regional Director participated in the violation upon will furnish to him or her upon request. which the order of suspension or rev- (b)A person licensed as a dealer shall ocation was based will not be licensed set forth in his or her license renewal within the period during which the application and annual report the dol- order of suspension or revocation is in lar amount of business, from the sale of effect. animals, upon which the license fee is based, directly or through an auction *2.10 Licensees whose licenses have sale, to research facilities, dealers, ex- been suspended or revoked. hibitors, retail pet stores, and persons (a) Any person whose license has for use as pets, by the licensee during been suspended for any reason shall not the preceding business year (calendar be licensed in his or her own name or or fiscal), and any other information as in any other manner within the period may be required thereon. during which the order of suspension is (c) A licensed dealer who operates as in effect. No partnership,firm, corpora- a broker or an operator of an auction tion, or other legal entity in which any sale shall set forth in his or her license such person has a substantial interest, renewal application and annual report financial or otherwise, will be licensed the total gross amount, expressed in during that period. Any person whose dollars, derived from commissions or license has been suspended for any rea- fees charged for the sale of animals by son may apply to the AC Regional Di- the licensee to research facilities, deal- rector, in writing, for reinstatement of era, exhibitors, retail pet stores, and his or her license. persons for use as pets, during the pre- revoked shall not be licensed in (b) Any person whose license has ceding business year (calendar or fis- cal), and any other information as may his or her own name or in any other manner; nor will any partnership, firm, be required thereon. (d) A person licensed as an exhibitor corporation, or other legal entity in substan- shall set forth in his or her license re- twhich any such person has a newal application and annual report lice interest, financial or otherwise, be the number of animals owned, held, or licensed. exhibited by him or her, including (c)Any e person revoked whosd shall has been those which are leased, during the pre- suspended or b shall not buy, sell, transport, exhibit, or deliver for vious year or at the time he signs and transportation, any animal during the dates the report, whichever is greater. period of suspension or revocation. [54 FR 36147. Aug. 31, 1989, as amended at 63 [54 FR 36147, Aug. 31, 1989, as amended at 63 FR 62926,Nov. 10, 1998] FR 62926,Nov.10, 1998] 62.8 Notification of change of name, 62.11 Denial of initial license applica- address, control, or ownership of tion. business. (a)A license will not be issued to any A licensee shall promptly notify the applicant who: AC Regional Director by certified mail (1) Has not complied with the of any change in the name, address, raquirements of §§2.1, 2.2, 2.3, and 2,4 management, or substantial control or and has not paid the fees indicated in ownership of his business or operation, §2.6; 12 Animal and Plant Health Inspection Service, USDA §2.27 (2) Is not in compliance with any of such direct control of the parent cor- the regulations or standards in this poration that the Secretary determines subchapter; that it is necessary that the parent (3) Has had a license revoked or corporation be registered to effectuate whose license is suspended, as set forth the purposes of the Act. in 1 2.10; (4) Has been fined, sentenced to jail, [54 FR 36147, Aug. 31, 1989, as amended at 63 or pled nolo contendere (no contest) FR 62926,Nov.10,19981 under State or local cruelty to animal *228 Aclmowledgment of regulations laws within 1 year of application, ex- and standards. cept that if no penalty is imposed as a result of the plea of nolo contendere APHIS will supply a copy of the regu- the applicant may reapply imme- lations and standards in this sub- diately;or chapter with each registration form. (5) Has made any false or fraudulent The registrant shall acknowledge re- statements, or provided any false or ceipt of and shall agree to comply with fraudulent records to the Department. the regulations and standards by sign- (b) An applicant whose license appli- ing a form provided for this purpose by cation has been denied may request a APHIS, and by filing it with the AC hearing in accordance with the applica- Regional Director. ble rules of practice for the purpose of showing why the application for license [54 FR 36147, Aug. 31, 1989, as amended at 63 should not be denied. The license de- FR 62926,Nov.10,1998] nial shall remain in effect until the 42.27 Notification of change of oper- final legal decision has been rendered. alien. Should the license denial be upheld, the applicant may again apply for a li- (a) A registrant shall notify the AC cense 1 year from the date of the final Regional Director by certified mail of order denying the application. any change in the name, address, or (c) No partnership, firm, corporation, ownership, or other change in oper- or other legal entity in which a person ations affecting its status as an exhibi- whose license application has been de- tor, carrier, or intermediate handler, nied has a substantial interest, finan- within 10 days after making such cial or otherwise, will be licensed with- change. in 1 year of the license denial. (b)(1) A registrant which has not used, handled, or transported animals Subpart B—Registration for a period of at least 2 years may be placed in an inactive status by making 42.28 Requirements and procedures. a written request to the AC Regional (a) Each carrier and intermediate Director a registrant shall notify the handler, and each exhibitor not re- AC Regional Director in writing at quired to be licensed under section 3 of least 10 days before using, handling, or the Act and the regulations of this sub- transporting animals again after being chapter, shall register with the Sec- in an inactive status. retary by completing and filing a prop- (2) A registrant which goes out of erly executed form which will be fur- business or which ceases to function as nished, upon request, by the AC Re- a carrier, intermediate handler, or ex- gional Director. The registration form hibitor, or which changes its method of shall be filed with the AC Regional Di- operation so that it no longer uses, rector for the State in which the rag- handles, or transports animals, and istrant has his or her principal place of which does not plan to use, handle, or business, and shall be updated every 3 transport animals again at any time in years by the completion and filing of a the future, may have its registration new registration form which will be canceled by making a written request provided by the AC Regional Director. to the AC Regional Director. The (b) A subsidiary of a business cor- former registrant is responsible for re- poration, rather than the parent cor- registering and demonstrating its com- poration, will be registered as an ex- pliance with the Act and regulations hibitor unless the subsidiary is under should it start using, handling, or 13 §2.30 9 CFR Ch. 1 (1-1-99 Edition) transporting animals at any time after ards by signing a form provided for this its registration is canceled. purpose by APHIS, and by filing it with the AC Regional Director. (54 FR 36197, Aug. 31, 1989, as amended at 63 FR 62926,Nov. 10, 19983 (c) Notification of change of operation. (1) A research facility shall notify the Subpart C—Research Facilities AC Regional Director by certified mail of any change in the name, address, or {2.80 Registration. ownership, or other change in oper- ations affecting its status as a research facility, within 10 days after making Each research facility other than a such change. Federal research facility, shall register (2) A research facility which has not with the Secretary by completing and used, handled, or transported animals filing a properly executed form which for a period of at least 2 years may be will be furnished, upon request, by the placed in an inactive status by making AC Regional Director. The registration a written request to the AC Regional form shall be filed with the AC Re- Director. A research facility shall file gional Director for the State in which an annual report of its status(active or the research facility has its principal inactive). A research facility shall no- place of business, and shall be updated tify the AC Regional Director in writ- every 3 years by the completion and fil- ing at least 10 days before using, horn- ing of a new registration form which dling, or transporting animals again will be provided by the AC Regional Di- after being in an inactive status. rector. Except as provided in paragraph (3) A research facility which goes out (a)(2) of this section, where a school or of business or which ceases to function department of a university or college as a research facility, or which changes uses or intends to use live animals for its method of operation so that it no research, tests, experiments, or teach- longer uses, handles, or transports ani- ing, the university or college rather mals, and which does not plan to use, than the school or department will be handle, or transport animals at any considered the research facility and time in the future, may have its reg- will be required to register with the istration canceled by making a written Secretary.An official who has the legal request to the AC Regional Director. authority to bind the parent organiza- The research facility is responsible for tion shall sign the registration form. reregistering and demonstrating its (2) In any situation in which a school compliance with the Act and regula- or department of a university or col- Lions should it start using, handling, or lege demonstrates to the Secretary transporting animals at any time after that it is a separate legal entity and its its registration is canceled. operations and administration are independent of those of the university [54 FR 36147, Aug. 31, 1989, as amended at 63 or college, the school or department FR 62926,Nov.10,19981 will be registered rather than the uni- ¢2.81 Institutional Animal Care and varsity or college. Use Committee(IACUC). (3) A subsidiary of a business cor- poration, rather than the parent cor- (a)The Chief Executive Officer of the poration, will be registered as a re- research facility shall appoint an Insti- search facility unless the subsidiary is tutional Animal Care and Use Commit- under such direct control of the parent tee (IACUC), qualified through the ex- corporation that the Secretary deter- perience and expertise of its members mines that it is necessary that the par- to assess the research facility's animal ent corporation be registered to effec- program, facilities, and procedures. Ex- tuate the purposes of the Act. cept as specifically authorized by law (b) Acknowledgment of regulations and or these regulations, nothing in this standards. APHIS will supply a copy of part shall be deemed to permit the the regulations and standards in this Committee or IACUC to prescribe subchapter with each registration methods or set standards for the de- form. The research facility shall ac- sign,performance, or conduct of actual knowledge receipt of and shall agree to research or experimentation by a re- comply with the regulations and stand- search facility. 14 Animal and Plant Health Inspection Service, USDA §2.31 (b) IACUC Membership. (1) The mem- ing to participate in any evaluation bers of each Committee shall be am conducted under this subpart may be pointed by the Chief Executive Officer excluded. The IACUC may use sub- of the research facility; committees composed of at least two (2) The Committee shall be composed Committee members and may invite ad of a Chairman and at least two addi- hoc consultants to assist in conducting tional members; the evaluations, however, the IACUC (3)Of the members of the Committee: remains responsible for the evaluations (i) At least one shall be a Doctor of and reports as required by the Act and Veterinary Medicine, with training or regulations. The reports shall be re- experience in laboratory animal viewed and signed by a majority of the science and medicine, who has direct or IACUC members and must include any delegated program responsibility for minority views. The reports shall be activities involving animals at the re- updated at least once every six months search facility; upon completion of the required semi- (ii) At least one shall not be affili- annual evaluations and shall be main- ated in any way with the facility other tained by the research facility and than as a member of the Committee, made available to APHIS and to offi- and shall not be a member of the im- clads of funding Federal agencies for in- mediate family of a person who is af- spection and copying upon request. The ciliated with the facility. The Sec- reports must contain a description of retary intends that such person will the nature and extent of the research provide representation for general facility's adherence to this subchapter, community interests in the proper care must identify specifically any depar- and treatment of animals; tures from the (4) If the Committee consists of more provisions of title 9, chapter I, subchapter A—Animal Wel- than three members, not more than three members shall be from the same fare, and must state the reasons for administrative unit of the facility. each departure. The reports must dis- (c) IACUC Functions. With respect to tinguish significant deficiencies from activities involving animals, the minor deficiencies. A significant deli- IACUC, as an agent of the research fa- ciency is one which, with reference to cility, shall: Subchapter A, and, in the judgment of (1) Review, at least once every six the IACUC and the Institutional Offi- monthe, the research facility's pro- cial, is or may be a threat to the health gram for humane care and use of ani- or safety of the animals. If program or male, using title 9, chapter I, sub- facility deficiencies are noted, the re- chapter A—Animal Welfare, as a basis ports must contain a reasonable and for evaluation; specific plan and schedule with dates (2) Inspect, at least once every six for correcting each deficiency. Any months, all of the research facility's failure to adhere to the plan and sched- animal facilities, including animal ule that results in a significant defi- study areas, using title 9, chapter I, ciency remaining uncorrected shall be subchapter A-Animal Welfare, as a reported in writing within 15 business basis for evaluation; Provided, however, days by the IACUC, through the Insti- That animal areas containing free-liv- tutional Official, to APHIS and any ing wild animals in their natural habi- Federal agency funding that activity; tat need not be included in such inspec- (4) Review, and, if warranted, inves- tion; tigate concerns involving the care and (3) Prepare reports of its evaluations use of animals at the research facility conducted as required by paragraphs resulting from public complaints re- (c)(1)and(2) of this section,and submit ceived and from reports of noncompli- the reports to the Institutional Official ance received from laboratory or re- of the research facility; Provided, how- search facility personnel or employees; ever, That the IACUC may determine (5) Make recommendations to the In- the best means of conducting evalua- stitutional Official regarding any as- Lions of the research facility's pro- pect of the research facility's animal grams and facilities; and Provided, fur- program, facilities, or personnel train- ther, That no Committee member wish- ing; 15 §2.31 9 CFR Ch. I (1-1-99 Edition) (6)Review and approve, require modi- continue for only the necessary period fications in (to secure approval), or of time; withhold approval of those components (B) Involve, in their planning, con- of proposed activities related to the sultation with the attending veterinar- care and use of animals, as specified in ian or his or her designee; paragraph(d) of this section; (C) Not include the use of paralytics (7) Review and approve, require modi- without anesthesia; fications in (to secure approval), or (v) Animals that would otherwise ex- withhold approval of proposed signifi- perience severe or chronic pain or dis- cant changes regarding the care and tress that cannot be relieved will be use of animals in ongoing activities; painlessly euthanized at the end of the and procedure or, if appropriate, during the (8)Be authorized to suspend an activ- procedure; ity involving animals in accordance (vi) The animals' living conditions with the specifications set forth in will be appropriate for their species in paragraph(d)(6) of this section. accordance with part 3 of this sub- (d)IACUC review of activities involv- chapter, and contribute to their health ing animals. (1) In order to approve and comfort. The housing, feeding, and proposed activities or proposed signifi- cant nonmedical care of the animals will be cant changes in ongoing activities, the directed by the attending veterinarian IACUC shall conduct a review of those or other scientist trained and experi- components of the activities related to enced in the proper care, handling, and the care and use of animals and deter- use of the species being maintained or mine that the proposed activities are studied; in accordance with this subchapter un- (vii) Medical care for animals will be less acceptable justification for a de- a qualified veterinarian; available and provided as necessary by parture is presented in writing; Pro- proce- vided, however, That field studies as de- (viii) Personnel conducting a tainfined in part 1 of this subchapter are dures on the species being maintained uali- exempt from this requirement. Fur- or studied will be thosappreately procedures; ther, the IACUC shall determine that (ix) Activities that involve surgery the proposed activities or significant include appropriate provision for pre- changes in ongoing activities meet the operative and of following requirements: post-operative care estab- (i) Procedures involving animals will the da veterinary r in ac medical with ing lished medical and nursing avoid or minimize discomfort, distress, practices. All survival surgery will be and pain to the animals; performed using aseptic procedures, in- (ii) The principal investigator has eluding surgical gloves, masks, sterile considered alternatives to procedures instruments, and aseptic techniques. that may cause more than momentary Major operative procedures on non-ro- or slight pain or distress to the ani- dents will be conducted only in facili- mals, and has provided a written nar- ties intended for that purpose which rative description of the methods and shall be operated and maintained under sources, e.g., the Animal Welfare Infor- aseptic conditions. Non-major opera- mation Center, used to determine that tive procedures and all surgery on ro- alternatives were not available; dents do not require a dedicated facil- (iii) The principal investigator has ity, but must be performed using asep- provided written assurance that the ac- tic procedures. Operative procedures tivities do not unnecessarily duplicate conducted at field sites need not be previous experiments; performed in dedicated facilities, but (iv) Procedures that may cause more must be performed using aseptic proce- than momentary or slight pain or dis- dures; tress to the animals will: (x) No animal will be used in more (A) Be performed with appropriate than one major operative procedure sedatives, analgesics or anesthetics, from which it is allowed to recover, un- unless withholding such agents is justi- less: fied for scientific reasons, in writing, (A) Justified for scientific reasons by by the principal investigator and will the principal investigator, in writing; 16 Animal and Plant Hearth Inspection Service, USDA §2.31 (B) Required as routine veterinary (4) The IACUC shall notify principal procedure or to protect the health or investigators and the research facility well-being of the animal as determined in writing of its decision to approve or by the attending veterinarian; or withhold approval of those activities (C) In other special circumstances as related to the care and use of animals, determined by the Administrator on an or of modifications required to secure individual basis. Written requests and IACUC approval. If the IACUC decides supporting data should be sent to the to withhold approval of an activity, it Animal and Plant Health Inspection shall include in its written notification Service, Animal Care, 4700 River Road, a statement of the reasons for its deci- Unit 84, Riverdale, Maryland 20737-1234; sion and give the principal Investigator (xi) Methods of euthanasia used must an opportunity to respond in person or be in accordance with the definition of in writing. The IACUC may reconsider the term set forth in 9 CFR part 1, §1.1 its decision, with documentation in of this subchapter, unless a deviation is Committee minutes, in light of the in- justified for scientific reasons, in writ- formation provided by the principal in- ing, by the investigator. (2) Prior to IACUC review, each mem- vestigator; ber of the Committee shall be provided (5) The IACUC shall conduct continu- with a list of proposed activities to be ing reviews of activities covered by reviewed. Written descriptions of all this subchapter at appropriate inter- proposed activities that involve the vals as determined by the IACUC, but care and use of animals shall be avail- not less than annually; able to all IACUC members, and any (6) The IACUC may suspend an activ- member of the IACUC may obtain, ity that it previously approved if it de- upon request, full Committee review of termines that the activity is not being those activities. If full Committee re- conducted in accordance with the de- view is not requested, at least one scription of that activity provided by member of the IACUC, designated by the principal investigator and approved the chairman and qualified to conduct by the Committee. The IACUC may the review, shall review those activi- suspend an activity only after review ties, and shall have the authority to of the matter at a convened meeting of approve, require modifications in (to a quorum of the IACUC and with the secure approval), or request full Corn- suspension vote of a majority of the mittee review of any of those activi- quorum present; ties. If full Committee review is re- (7) If the IACUC suspends an activity quested for a proposed activity, ap- involving animals, the Institutional Of- proval of that activity may be granted ficial, in consultation with the IACUC, only after review, at a convened meet- shall review the reasons for suspension, ing of a quorum of the IACUC, and with the approval vote of a majority of the take o appropriate corrective action,u and expla- quorumpresent. No member may report that action with a full par- nation to APHIS and any Federal agen- ticipate poa in the IACUC review or ap- cy funding that activity; and proval of an activity in which that member has a conflicting interest (e.g., (8) Proposed activities and proposed is personally involved in the activity), significant changes in ongoing activi- except to provide information re- ties that have been approved by the quested by the IACUC, nor may a mem- IACUC may be subject to further ap- ber who has a conflicting interest con- propriate review and approval by offi- tribute to the constitution of a cials of the research facility. However, quorum; those officials may not approve an ac- (3) The IACUC may invite consult- tivity involving the care and use of ants to assist in the review of complex animals if it has not been approved by issues arising out of its review of pro- the IACUC. posed activities. Consultants may not (e) A proposal to conduct an activity approve or withhold approval of an ac- involving animals, or to make a sig- tivity, and may not vote with the nificant change in an ongoing activity IACUC unless they are also members of involving animals, must contain the the IACUC; following: 183-026 D-99--2 17 §2.32 9 CFR Ch. 1 (1-1-99 Edition) (1) Identification of the species and limit the use of animals or minimize the approximate number of animals to animal distress; be used; (3) Proper use of anesthetics, analge- (2) A rationale for involving animals, sics, and tranquilizers for any species and for the appropriateness of the spe- of animals used by the facility; dies and numbers of animals to be used; (4) Methods whereby deficiencies in (3) A complete description of the pro- animal care and treatment are re- posed use of the animals; ported, including deficiencies in animal (4) A description of procedures de- care and treatment reported by any signed to assure that discomfort and employee of the facility. No facility pain to animals will be limited to that employee, Committee member, or lab- which is unavoidable for the conduct of oratory personnel shall be discrimi- scientifically valuable research, includ- nated against or be subject to any re- ing provision for the use of analgesic, anesthetic, and tranquilizing drugs prisal for reporting violations of any where indicated and appropriate to regulation or standards under the Act; minimize discomfort and pain to ani- (5) Utilization of services (e.g., Na- mals; and tional Agricultural Library, National (5) A description of any euthanasia Library of Medicine) available to pro- method to be used. vide information: (1) On appropriate methods of animal [54 FR 36147, August 31, 1989, as amended by care and use; 59 FR 67611,Dec.30, 1994;63 FR 62926,Nov.10, 19981 (ii) On alternatives to the use of live animals in research; 42.32 Personnel qualifications. (iii) That could prevent unintended (a) It shall be the responsibility of and unnecessary duplication of re- the research facility to ensure that all search involving animals; and scientists, research technicians, ani- (iv)Regarding the intent and require- mal technicians, and other personnel ments of the Act. involved in animal care, treatment, and use are qualified to perform their 42.33 Attending veterinarian and ade- duties. This responsibility shall be ful- quate veterinary care. filled in part through the provision of (a) Each research facility shall have training and instruction to those per- an attending veterinarian who shall sonnel. provide adequate veterinary care to its (b) Training and instruction shall be animals in compliance with this sec- made available, and the qualifications tion: of personnel reviewed, with sufficient (1) Each research facility shall em- frequency to fulfill the research facili- ploy an attending veterinarian under ty's responsibilities under this section formal arrangements. In the case of a and§2.31. part-time attending veterinarian or (c) Training and instruction of per- consultant arrangements, the formal sonnel must include guidance in at arrangements shall include a written least the following areas: (1) Humane methods of animal main- program of veterinary care and regu- tenance and experimentation, includ- larly scheduled visits to the research ing: facility; (1) The basic needs of each species of (2)Each research facility shall assure animal; that the attending veterinarian has ap- (ii) Proper handling and care for the propriate authority to ensure the pro- various species of animals used by the vision of adequate veterinary care and facility; to oversee the adequacy of other as- (iii) Proper pre-procedural and post- pects of animal care and use; and procedural care of animals; and (3) The attending veterinarian shall (1v) Aseptic surgical methods and be a voting member of the IACUC; Pro- procedures; vided, however, That a research facility (2) The concept, availability, and use with more than one Doctor of Veteri- of research or testing methods that na:.^ Medicine (DVM) may appoint to 18 Animal and Plant Health Inspection Service, USDA §2.35 the IACUC another DVM with dele- (b) Every research facility shall gated program responsibility for ac- make, keep, and maintain records or tivities involving animals at the re- forms which fully and correctly dis- search facility. close the following information con- (b) Each research facility shall estab- cerning each live dog or cat purchased lish and maintain programs of ade- or otherwise acquired, owned, held, or quate veterinary care that include: otherwise in their possession or under (1) The availability of appropriate fa- their control, transported, euthanized, cilities, personnel, equipment, and sold, or otherwise disposed of by the re- services to comply with the provisions search facility. The records shall in- of this subchapter; elude any offspring born of any animal (2)The use of appropriate methods to while in the research facility's posses- prevent, control, diagnose, and treat sion or under its control: diseases and injuries, and the availabil- (1) The name and address of the per- ity of emergency, weekend, and holiday son from whom a dog or cat was pur- care; chased or otherwise acquired, whether (3) Daily observation of all animals or not the person is required to be 11- to assess their health and well-being; censed or registered under the Act; Provided, however, That daily observa- tion of animals may be accomplished (2) The USDA license or registration by someone other than the attending number of the person if he or she is li- veterinarian; and Provided, further, censed or registered under the Act; That a mechanism of direct and fre- (3) The vehicle license number and quent communication is required so state, and the driver's license number that timely and accurate information and state of the person, if he or she is on problems of animal health, behav- not licensed or registered under the ior, and well-being is conveyed to the Act; attending veterinarian; (4) The date of acquisition of each (4) Guidance to principal investiga- dog or cat; tors and other personnel involved in (5) The official USDA tag number or the care and use of animals regarding tattoo assigned to each dog or cat handling, immobilization, anesthesia, under§2.38(8) of this subpart; analgesia, tranquilization, and eutha- (6) A description of each dog or cat nasia; and which shall include: (5) Adequate pre-procedural and post- (i) The species and breed or type of procedural care in accordance with cur- animal; rent established veterinary medical (ii)The sex; and nursing procedures. (iii) The date of birth or approximate §2.34 [Reserved] age; and (iv) The color and any distinctive if 2.35 Recordkeeping requirements. markings; (a) The research facility shall main- (7) Any identification number or tain the following IACUC records: mark assigned to each dog or cat by (1) Minutes of IACUC meetings, in- the research facility. eluding records of attendance, activi- (c) In addition to the information re- ties of the Committee, and Committee quired to be kept and maintained by deliberations; every research facility concerning each (2) Records of proposed activities in- live dog or cat under paragraph (a) of volving animals and proposed signifi- this section, every research facility cant changes in activities involving transporting, selling, or otherwise dis- animals, and whether IACUC approval posing of any live dog or cat to another was given or withheld; and person, shall make and maintain (3) Records of semiannual IACUC re- records or forms which fully and cor- ports and recommendations (including rectly disclose the following informa- minority views), prepared in accord- tion: ance with the requirements of (1) The name and address of the per- §2.31(c)(3) of this subpart, and for- son to whom a live dog or cat is trans- warded to the Institutional Official. ported, sold, or otherwise disposed of; 19 §2.36 9 CFR Ch. I (1-1-99 Edition) (2) The date of transportation, sale, confidentiality of the information and euthanasia, or other disposition of the will not remove the materials from the animal;and research facilities' premises unless (3) The method of transportation, in- there has been an alleged violation, cluding the name of the initial carrier they are needed to investigate a pos- or intermediate handler, or if a pri- sible violation, or for other enforce- vately owned vehicle is used to trans- ment purposes. Release of any such port the dog or cat, the name of the materials, including reports, sum- owner of the privately owned vehicle. merles, and photographs that contain (d)(1)The USDA Interstate and Inter- trade secrets or commercial or finan- national Certificate of Health Exam- cial information that is privileged or ination for Small Animals (APHIS confidential will be governed by appli- Form 7001/VS Form 18-1) and Record of cable sections of the Freedom of Infor- Aquisition and Dogs and Cats on Hand mation Act. Whenever the Adminis- (APHIS Form 7005/VS Form 18-5) are trator notifies a research facility in forms which may be used by research writing that specified records shall be facilities to keep and maintain the in- retained pending completion of an in- formation required by paragraph (b) of vestigation or proceeding under the this section. Act, the research facility shall hold (2) The USDA Interstate and Inter- those records until their disposition is national Certificate of Health Exam- authorized in writing by the Adminis- 'nation for Small Animals (APHIS trator. Form 7001/VS Form 18-1) and Record of [54 FR 36147, Aug. 31, 1989, as amended at 58 Disposition of Dogs and Cats (APHIS FR 39129, July 22, 1993; 60 FR 13895, Mar. 15, Form 7006/VS Form 18-6) are forms 1995) which may be used by research facili- ties to keep and maintain the informa- 42.36 Annual report. tion required by paragraph (c) of this (a) The reporting facility shall be section. that segment of the research facility, (e) One copy of the record containing or that department, agency, or instru- the information required by paragraphs mentality of the United States, that (b) and (c) of this section shall accom- uses or intends to use live animals in pany each shipment of any live dog or research, tests, experiments, or for cat sold or otherwise disposed of by a teaching. Each reporting facility shall research facility; Provided, however, submit an annual report to the AC Re- That, except as provided in §2.133 of gional Director for the State where the this part, information that indicates facility is located on or before Decem- the source and date of acquisition of ber 1 of each calendar year. The report any dog or cat need not appear on the shall be signed and certified by the copy of the record accompanying the CEO or Institutional Official, and shall shipment. One copy of the record con- cover the previous Federal fiscal year. taming the information required by (b)The annual report shall: paragraphs (b) and (c) of this section (1) Assure that professionally accept- shall be retained by the research facil- able standards governing the care, ity. treatment, and use of animals, includ- (f) All records and reports shall be ing appropriate use of anesthetic, anal- maintained for at least three years. genic, and tranquilizing drugs, prior to, Records that relate directly to pro- during, and following actual research, posed activities and proposed signifi- teaching, testing, surgery, or experi- cant changes in ongoing activities re- mentation were followed by the re- viewed and approved by the IACUC search facility; shall be maintained for the duration of (2) Assure that each principal inves- the activity and for an additional three tigator has considered alternatives to years after completion of the activity. painful procedures; All records shall be available for in- (3) Assure that the facility is adher- spection and copying by authorized ing to the standards and regulations APHIS or funding Federal agency rep- under the Act, and that it has required resentatives at reasonable times. that exceptions to the standards and APHIS inspectors will maintain the regulations be specified and explained 20 Animal and Plant Health Inspection Service, USDA §2.38 by the principal investigator and ap- sponsibilities required of nonfederal re- proved by the IACUC. A summary of all search facilities by §2.31 with the fol- such exceptions must be attached to lowing exceptions: the facility's annual report. In addition (a) The Committee shall report defi- to identifying the IACUC-approved ex- ciencies to the head of the Federal ceptions, this summary must include a agency conducting the research rather brief explanation of the exceptions, as than to APHIS; and well as the species and number of ani- (b) The head of the Federal agency mals affected; conducting the research shall be re- (4) State the location of all facilities sponsible for all corrective action to be where animals were housed or used in taken at the facility and for the grant- actual research, testing, teaching, or ing of all exceptions to inspection pro- experimentation, or held for these pur- tocol. poses; (5) State the common names and the §2.38 Miscellaneous, numbers of animals upon which teach- ing, research, experiments, or tests (a) Information as to business: furnish- were conducted involving no pain, dis- ing of same by research facilities. Each tress, or use of pain-relieving drugs. research facility shall furnish to any Routine procedures (e.g., injections, APHIS official any information con- tattooing, blood sampling) should be cerning the business of the research fa- reported with this group; cility which the APHIS official may re- (6) State the common names and the quest in connection with the enforce- numbers of animals upon which experi- ment of the provisions of the Act, the ments, teaching, research, surgery, or regulations, and the standards in this tests were conducted involving accom- subchapter. The information shall be panying pain or distress to the animals furnished within a reasonable time and and for which appropriate anesthetic, as may be specified in the request for analgesic, or tranquilizing drugs were information. used; (b) Access and inspection of records and (7) State the common names and the property. (1) Each research facility numbers of animals upon which teach- shall, during business hours, allow ing, experiments, research, surgery, or APHIS officials: tests were conducted involving accom- (i)To enter its place of business; panying pain or distress to the animals (ii)To examine records required to be and for which the use of appropriate kept by the Act and the regulations in anesthetic, analgesic, or tranquilizing this part; drugs would have adversely affected (hi)To make copies of the records; the procedures, results, or interpreta- (iv) To inspect the facilities, prop- tion of the teaching, research, experi- erty, and animals, as the APHIS offi- ments, surgery, or tests. An expla- cials consider necessary to enforce the nation of the procedures producing provisions of the Act, the regulations, pain or distress in these animals and and the standards in this subchapter; the reasons such drugs were not used and shall be attached to the annual report; (v) To document, by the taking of (8) State the common names and the photographs and other means, condi- numbers of animals being bred, condi- tions and areas of noncompliance. tioned, or held for use in teaching, (2) The use of a room, table or other testing, experiments, research, or sur- facilities necessary for the proper ex- gery but not yet used for such pur- amination of the records and for in- poses. spection of the property or animals [54 FR 36147, Aug. 31, 1989, as amended at 63 shall be extended to APHIS officials by FR 62926,Nov. 10,1998] the research facility. (c) Publication of names of research fa- §2.37 Federal research facilities. cilities subject to the provisions of thes Each Federal research facility shall part. APHIS will publish lists of re- establish an Institutional Animal Care search facilities registered in accord- and Use Committee which shall have ance with the provisions of this sub- the same composition, duties, and re- part in the FEDERAL REGISTER. The 21 §2.38 9 CFR Ch. I (1-1-99 Edition) lists may be obtained upon request mal's suffering. If, in the opinion of the from the AC Regional Director. Administrator, the condition of the (d) Inspection for missing animals. animal(s) cannot be corrected by this Each research facility shall allow, upon temporary care, the APHIS official request and during business hours, po- shall confiscate the animal(s). lice or officers of other law enforce- (3) Confiscated animals may be ment agencies with general law en- placed, by sale or donation, with other forcement authority (not those agen- registrants or licensees that comply des whose duties are limited to en- with the standards and regulations and forcement of local animal regulations) can provide proper care, or they may to enter its place of business to inspect be euthanized. The research facility animals and records for the purpose of from which the animals were con- seeking animals that are missing, fiscated shall bear all costs incurred 1n under the following conditions: performing the placement or eutha- (1) The police or other law officer nasia activities authorized by this sec- shall furnish to the research facility a tion. written description of the missing anti- (f) Handling. (1) Handling of all ani- mal and the name and address of its mals shall be done as expeditiously and owner before making a search; carefully as possible in a manner that (2) The police or other law officer does not cause trauma, overheating, shall abide by all security measures re- excessive cooling, behavioral stress, quired by the research facility to pre- physical harm, or unnecessary discom- vent the spread of disease, including fort. the use of sterile clothing, footwear, and masks where required, or to pre- (2)(i) Physical abuse shall not be used vent the escape of an animal. to train, work, or otherwise handle ani- (e) Confiscation and destruction of ani- mals. mals. (1) If an animal being held by a (ii) Deprivation of food or water shall research facility is not being used to not be used to train, work, or otherwise carry out research, testing, or experi- handle animals; Provided, however. mentation, and is found by an APHIS That the short-term withholding of official to be suffering as a result of the food or water from animals, when spec- failure of the research facility to com- ified in an IACUC-approved activity ply with any provision of the regula- that includes a description of monitor- tions or the standards set forth in this ing procedures, is allowed by these reg- subchapter, the APHIS official shall ulations. make a reasonable effort to notify the (g) Identification of dogs and cats. (1) research facility of the condition of the All live dogs or cats, including those animal(s) and request that the condi- from any exempt source, delivered for tion be corrected and that adequate transportation, transported, purchased care be given to alleviate the animal's or otherwise acquired. sold, or disposed suffering or distress, or that the ani- of by a research facility, shall be iden- mal(s) be destroyed by euthanasia. In tified at the time of such delivery for the event that the research facility re- transportation, purchase, sale, dis- fuses to comply with this request, the posal, or acquisition in one of the fol- APHIS official may confiscate the ani- lowing ways: maks) for care, treatment, or disposal (1) By the official tag or tattoo which as indicated In paragraph (e)(2) of this was affixed to the animal at the time it section, if, in the opinion of the Admin- was acquired by the research facility, istrator, the circumstances indicate as required by this section; or the animal's health is in danger. (ii) By a tag, tattoo, or collar, ap- (2) In the event that the APHIS offi- plied to the live dog or cat by the re- cial is unable to locate or notify the re- search facility and which individually search facility as required in this sec- identifies the dog or cat by number. tion, the APHIS official shall contact a (2) All official tag or tattoo numbers local police or other law officer to ac- shall be correctly listed in the records company him or her to the premises of purchase, acquisition, disposal, or and shall provide for adequate care sale which shall be maintained in ac- when necessary to alleviate the ani- cordance with§2.35. 22 Animal and Plant Health Inspection Service, USDA §2.38 (3) Unweaned puppies or kittens need (9) When a dog or cat wearing or not be individually identified while identified by an official tag arrives at a they are maintained as a litter with research facility, the facility may con- their dam in the same primary enclo- tinue to use that tag to identify the sure, provided the dam has been indi- dog or cat or the tag may be replaced vidually identified. as indicated in paragraph (g)(1) of this (4) The official tag shall be made of a section. All tags removed by a research durable alloy such as brass, bronze, or facility shall be retained and disposed steel, or of a durable plastic. Alu- of as indicated in this section. minum of a sufficient thickness to as- (10)Where a dog or cat to which is af- sure the tag is durable and legible may fixed or which is identified by an offi- also be used. The tag may be circular cial tag is euthanized, or dies from in shape and not less than 11/4 inches in other causes, the research facility shall diameter, or oblong and flat in a� shape remove and retain the tag for the re- and not less than 2 inches by '/4 inch, quired period, as set forth in paragraph and riveted to an acceptable collar. (g)(11)of this section. (5) Each tag shall have the following (11) All official tags removed and re- information embossed or stamped on so tained by a research facility shall be that it is easily readable: held until called for by an APHIS offi- (i)The letters "USDA"; cial or for a period of I year. (ii) Numbers identifying the State and dealer, exhibitor, or research facil- (12) When official tags are removed ity (e.g.,39-AB); and from animals for disposal, the tags (iii) Numbers identifying the animal must be disposed of so as to preclude (e.g., 82488). their reuse for animal identification. (6) Official tags shall be serially num- No animal identification number shall bered and shall be applied to dogs or be used within any 5-year period fol- cats in the manner set forth in this lowing its previous use. section in as close to consecutive nu- (h)Health certification. (1)No research merical order as possible. No tag num- facility, including a Federal research ber shall be used to identify more than facility, shall deliver to any intermedi- one animal or shall be reused within a ate handler or carrier for transpor- 5-year period. tatlon, in commerce, or shall transport (7) Research facilities may obtain, at in commerce any dog, cat, or their own expense, official tags from nonhuman primate unless the dog, cat, commercial tag manufacturers.1 At the or nonhuman primate is accompanied time the research facility is registered, by a health certificate executed and the Department will assign identifica- issued by a licensed veterinarian. The tion letters and numbers to be used on health certificate shall state that: the official tags. (i) The licensed veterinarian in- (8) Each research facility shall be spected the dog, cat, or nonhuman pri- held accountable for all official tags mate on a specified date which shall acquired. In the event an official tag is not be more than 10 days prior to the lost from a dog or cat while in the pos- delivery of the dog, cat, or nonhuman session of a research facility, the facil- primate for transportation; and ity shall make a diligent effort to lo- (ID When so inspected, the dog, cat, cate and reapply the tag to the proper or nonhuman primate appeared to the animal. If the lost tag is not located, licensed veterinarian to be free of any the research facility shall affix another infectious disease or physical abnor- official tag to the animal in the man- mality which would endanger the ani- ner prescribed in this section and mal(s) or other animals or endanger record the tag number on the official public health. records. (2) The Secretary may provide excep- tions to the health certification re- IA list of the commercial manufacturers who produce these tags and are known to the quirement on an individual basis for Department may be obtained from the AC animals shipped to a research facility Regional Director. Any manufacturer who for purposes of research, testing, or ex- desires to be included in the list should no- perimentation when the research facil- tify the Administrator. ity requires animals not eligible for 23 §2.40 9 CFR Ch. I (1-1-99 Edition) certification. Requests should be ad- (2) No person shall obtain live ran- dressed to the Animal and Plant dom source dogs or cats by use of false Health Inspection Service, Animal pretenses, misrepresentation, or decep- Care, 4700 River Road, Unit 84, River- tion. dale, Maryland 20737-1234. (3) No person shall acquire, buy, sell, (3) The U.S. Interstate and Inter- exhibit, use for research, transport, or national Certificate of Health Exam- offer for transportation, any stolen ination for Small Animals (APHIS animal. Form 7001/VS Form 18-1) may be used (4) Each research facility shall com- for health certification by a licensed ply with the regulations set forth in veterinarian as required by this sec- §2.133 of subpart I of this part. tion. [54 FR 36147, Aug. 31, 1989, as amended at 58 (1) Holding of animals. If any research FR 39129, July 22, 1993; 59 FR 67612, Dec. 30, facility obtains prior approval of the 1994; 60 FR 13895, Mar. 15, 1995; 63 FR 62926, AC Regional Director, it may arrange Nov. 10,1998] to have another person hold animals: Provided, That: Subpart D—Attending Veterinarian (1) The other person agrees, in writ- and Adequate Veterinary Care ing, to comply with the regulations in this part and the standards 1n part 3 of veterinary care (dealers and §2.40 Attending veterinarian and ade- quatethis subchapter, and to allow inspec- exhibitors). tion of the premises by an APHIS offi- cial during business hours; (a) Each dealer or exhibitor shall (2) The animals remain under the have an attending veterinarian who total control and responsibility of the shall provide adequate veterinary care research facility; and to its animals in compliance with this section. (3) The Institutional Official agrees, in writing, that the other person or (1)employ Each dealer and exhibtor veterinarian shall premises is a recognized animal site under formal an rraattngemeg nhecase under arrangements. In the n under its research facility registration. of a part-time attending veterinarian APHIS Form 7009/VS Form 18-9 shall be or consultant arrangements, the for- used for approval. mal arrangements shall include a writ- (j) Holding period. Research facilities ten program of veterinary care and reg- that obtain dogs and cats from sources ularly scheduled visits to the premises other than dealers, exhibitors, and ex- of the dealer or exhibitor; and empt persons shall hold the animals for (2)Each dealer and exhibitor shall as- 5 full days, not including the day of ac- sure that the attending veterinarian quisition, after acquiring the animal, has appropriate authority to ensure excluding time in transit, before they the provision of adequate veterinary may be used by the facility. Research care and to oversee the adequacy of facilities shall comply with the identi- other aspects of animal care and use. fication of animals requirements set (b) Each dealer or exhibitor shall es- forth in§2.38(g)during this period. tablish and maintain programs of ade- (k) Compliance with standards and pro- quate veterinary care that include: hibitions. (1) Each research facility (1) The availability of appropriate fa- shall comply in all respects with the cilities, personnel, equipment, and regulations set forth in subpart C of services to comply with the provisions this part and the standard. set forth in of this subchapter; part 3 of this subchapter for the hu- (2) The use of appropriate methods to mane handling, care, treatment, hous- prevent, control, diagnose, and treat ing, and transportation of animals; diseases and injuries, and the availabil- Provided, however, That exceptions to ity of emergency, weekend, and holiday the standards in part 3 and the provi- care; sions of subpart C of this part may be (3) Daily observation of all animals made only when such exceptions are to assess their health and well-being; specified and justified in the proposal Provided, however, That daily observa- to conduct the activity and are ap- tion of animals may be accomplished proved by the IACUC. by someone other than the attending 24 Animal and Plant Health Inspection Service, USDA §2.50 veterinarian; and Provided, further, (ii) A distinctive and legible tattoo That a mechanism of direct and fre- marking approved by the Adminis- quent communication is required so trator; or that timely and accurate information (iii) A plastic-type collar acceptable on problems of animal health, behav- to the Administrator which has legibly ior, and well-being is conveyed to the placed thereon the information re- attending veterinarian; quired for an official tag pursuant to (4) Adequate guidance to personnel §2.51. involved in the care and use of animals (b) A class "B" dealer shall identify regarding handling, immobilization, all live dogs and cats under his or her anesthesia, analgesia, tranquilization, control or on his or her premises as fol- and euthanasia; and lows: (5) Adequate pre-procedural and post- (1) When live dogs or cats are held, procedural care in accordance with es- purchased, or otherwise acquired, they tablished veterinary medical and nurs- shall be immediately identified: ing procedures. (1) By affixing to the animal's neck an official tag as set forth in §2.51 by Subpart E—Identiflcaflon of means of a collar made of material Animals generally acceptable to pet owners as a means of identifying their pet dogs or {2.50 Time and method of identifiea- cats a; or tion. (ii) By a distinctive and legible tat- (a) A class "A" dealer (breeder) shall too marking approved by the Adminis- identify all live dogs and cats on the trator. premises as follows: (2) If any live dog or cat is already (1) All live dogs and cats held on the identified by an official tag or tattoo premises, purchased, or otherwise ac- which has been applied by another quired, sold or otherwise disposed of, or dealer or exhibitor, the dealer or ex- removed from the premises for delivery hibitor who purchases or otherwise ac- to a research facility or exhibitor or to quires the animal may continue identi- another dealer, or for sale, through an fying the dog or cat by the previous auction sale or to any person for use as identification number, or may replace a pet, shall be identified by an official the previous tag with his own official tag of the type described in §2.51 af- tag or approved tattoo. In either case, fixed to the animal's neck by means of the class B dealer or class C exhibitor a collar made of material generally shall correctly list all old and new offi- considered acceptable to pet owners as cial tag numbers or tattoos in his or a means of identifying their pet dogs or her records of purchase which shall be cats2, or shall be identified by a dis- maintained in accordance with §§2.75 tinctive and legible tattoo marking ac- and 2.77. Any new official tag or tattoo ceptable to and approved by the Ad- number shall be used on all records of ministrator. any subsequent sales by the dealer or (2) Live puppies or kittens, less than exhibitor, of any dog or cat. 16 weeks of age, shall be identified by: (3) Live puppies or kittens less than (i) An official tag as described in 16 weeks of age, shall be identified by: §2.51; (1) An official tag as described in §2.51; (ii) A distinctive and legible tattoo 2In general, well fitted collars made of leather or plastic will be acceptable under marking approved by the Adminis- this provision. The use of certain types of trator; or chains presently used by some dealers may (iii) A plastic-type collar acceptable also be deemed acceptable.APHIS will deter- to the Administrator which has legibly mine the acceptability of a material pro- placed thereon the information re- posed for usage as collars from the stand- quired for an official tag pursuant to point of humane considerations on an indi- §2.51. vidual basis in consultation with the dealer or exhibitor involved. The use of materials (4) When any dealer has made a rea- such as wire, elastic, or sharp metal that sonable effort to affix an official tag to might cause discomfort or injury to the dogs or cats is not acceptable. 'See footnote 2 in§2.50(a)(1). 25 §2.51 9 CFR Ch. I (1-1-99 Edition) a cat, as set forth in paragraphs(a)and (i) A label attached to the primary (b) of this section, and has been unable enclosure which shall bear a descrip- to do so, or when the cat exhibits seri- tion of the animals in the primary en- ous distress from the attachment of a closure, including: collar and tag, the dealer shall attach (A)The number of animals; the collar and tag to the door of the (B)The species of the animals; primary enclosure containing the cat (C) Any distinctive physical features and take measures adequate to main- of the animals; and tain the identity of the cat in relation (D) Any identifying marks, tattoos, to the tag. Each primary enclosure or tags attached to the animals; shall contain no more than one weaned (ii) Marking the primary enclosure cat without an affixed collar and offi- with a painted or stenciled number vial tag, unless the cats are identified which shall be recorded in the records by a distinctive and legible tattoo or of the dealer or exhibitor together plastic-type collar approved by the Ad- with: ministrator. (A) A description of the animal(s); (c) A class "C" exhibitor shall iden- (B) The species of the animal(s); and tify all live dogs and cats under his or (C) Any distinctive physical features her control or on his or her premises, of the animal(s); or whether held, purchased, or otherwise (iii) A tag or tattoo applied to each acquired: animal in the primary enclosure by the (1) As set forth in paragraph (b)(1) or dealer or exhibitor which individually (b)(3) of this section, or identifies each animal by description or number. (2) By identifying each dog or cat with: (3) When any animal, other than a dog or cat, is not confined in a primary (i) An official USDA sequentiallyon numbered tag that is kept on the door enclosure,eo , asit required l be .75, which a record, as by�2.75, which shall of the animal's cage or run; accompany the animal at the time it is (ii) A record book containing each delivered for transportation, trans- animal's tag number,a written descrip- ported, purchased, or sold, and shall be tion of each animal, the data required kept and maintained by the dealer or by §2.75(a), and a clear photograph of exhibitor as part of his or her records. each animal; and (iii) A duplicate tag that accom- 02.51 Form of official tag. pantos each dog or cat whenever it (a)The official tag shall be made of a leaves the compound or premises. durable alloy such as brass, bronze, or (d) Unweaned puppies or kittens need steel, or of a durable plastic. Alu- not be individually identified as re- minum of a sufficient thickness to as- quired by paragraphs (a) and (b) of this sure the tag is durable and legible may section while they are maintained as a also be used. The tag shall be one of litter with their dam in the same pri- the following shapes: mary enclosure, provided the dam has (1) Circular in shape and not less been individually identified. than P14 inches in diameter, or (e)(1) All animals, except dogs and (2) Oblong and flat in shape, not less cats, delivered for transportation, than 2 inches by '/, inch and riveted to transported, purchased, sold, or other- an acceptable collar. wise acquired or disposed of by any (b) Each tag shall have the following dealer or exhibitor shall be identified information embossed or stamped on so by the dealer or exhibitor at the time that it is easily readable: of delivery for transportation, pur- (1)The letters "USDA"; chase, sale, acquisition or disposal, as (2) Numbers identifying the State provided for in this paragraph and in and dealer, exhibitor, or research facil- records maintained as required in ity(e.g.,39-AB);and §12.75 and 2.77. (3) Numbers identifying the animal (2) When one or more animals, other (e.g.,82488). than dogs or cats, are confined in a pri- (c) Official tags shall be serially mary enclosure, the animal(s) shall be numbered. No individual dealer or ex- identified by: hibitor shall use any identification tag 26 Animal and Plant Health Inspection Service, USDA §2.75 number more than once within a 5-year held until called for by an APHIS offi- period. cial or for a period of I year. (c) When official tags are removed $2.52 How to obtain tags. from animals for disposal, the tags Dealers or exhibitors may obtain, at must be disposed of so as to preclude their own expense, official tags from their reuse for animal identification. commercial tag manufacturers.4 At the No animal identification number shall time the dealer or exhibitor is issued a be used within any 5-year period fol- license or is registered, the Depart- lowing its previous use. ment will assign identification letters and numbers and inform them of the Subpart F—Stolen Animals identification letters and numbers to be used on the official tags. §2.60 Prohibition on the purchase, [54 FR 36147, Aug. 31, 1989, as amended at 63 sale, or transportation of stolen FR 62927,Nov. 10, 1996] No person shall buy, sell, exhibit, use §2.53 Use of tags. for research, transport, or offer for Official tags obtained by a dealer, ex- transportation, any stolen animal. hibitor, or research facility, shall be Subpart G—Records applied to dogs or cats in the manner set forth in§2.50 and in as close to con- secutive numerical order as possible. §2.75 Records:Dealers and exhibitors. No tag number shall be used to identify (a)(1) Each dealer, other than opera- more than one animal. No number ton of auction sales and brokers to shall be repeated within a 5-year pe- whom animals are consigned, and each Mod. exhibitor shall make, keep, and main- tain records or forms which fully and $2.64 Lost tags. correctly disclose the following infor- Each dealer or exhibitor shall be held mation concerning each dog or cat pur- accountable for all official tags ac- chased or otherwise acquired, owned, quired. In the event an official tag is held, or otherwise in his or her posses- lost from a dog or cat while in the pos- sion or under his or her control, or session of a dealer or exhibitor, the which is transported, euthanized, sold, dealer or exhibitor shall make a dill- or otherwise disposed of by that dealer gent effort to locate and reapply the or exhibitor. The records shall include tag to the proper animal. If the lost tag any offspring born of any animal while is not located, the dealer or exhibitor in his or her possession or under his or shall affix another official tag to the her control. animal in the manner prescribed in (i) The name and address of the per- §2.50, and record the tag number on the son from whom a dog or cat was pur- official records. chased or otherwise acquired whether or not the person is required to be li- §2.55 Removal and disposal of tags. censed or registered under the Act; (a) Where a dog or cat to which is af- (ii) The USDA license or registration fixed or which is identified by an offi- number of the person if he or she is li- cial tag is euthanized, or dies from censed or registered under the Act; other causes, the dealer or exhibitor (iii) The vehicle license number and shall remove and retain the tag for the state, and the driver's license number required period, as set forth in para- and state of the person, if he or she is graph(b)of this section. not licensed or registered under the (b) All official tags removed and re- Act; tamed by a dealer or exhibitor shall be (iv) The name and address of the per- son to whom a dog or cat was sold or given and that person's license or reg- 4A list of the commercial manufacturers who produce these tags and are known to the 18tration number if he or she is li- Department may be obtained from the AC censed or registered under the Act; Regional Director. Any manufacturer who (v) The date a dog or cat was ac- desires to be included in the list should no- quired or disposed of, including by eu- tify the Administrator. thanasia; 27 §2.75 9 CFR Ch. 1 (1-1-99 Edition) (vi) The official USDA tag number or (ii) A dealer or exhibitor whose re- tattoo assigned to a dog or cat under quest for a variance has been denied §§2.50 and 2.54; may request a hearing in accordance (vii) A description of each dog or cat with the applicable rules of practice for which shall include: the purpose of showing why the request (A)The species and breed or type; for a variance should not be denied. (B)The sex; The denial of the variance shall remain (C) The date of birth or approximate in effect until the final legal decision age; and has been rendered. (D) The color and any distinctive (3) The USDA Interstate and Inter- markings; national Certificate of Health Exam- (viii) The method of transportation ination for Small Animals (APHIS including the name of the initial car- Form 7001/VS Form 18-1) may be used rier or intermediate handler or, if a by dealers and exhibitors to make, privately owned vehicle is used to keep, and maintain the information re- transport a dog or cat, the name of the quired by§2.79. owner of the privately owned vehicle; (4) One copy of the record containing (ix) The date and method of disposi- the information required by paragraph tion of a dog or cat, e.g., sale, death, (a)(1) of this section shall accompany euthanasia, or donation. each shipment of any dog or cat pur- (2) Each dealer and exhibitor shall chased or otherwise acquired by a deal- use Record of Aquisition and Dogs and er or exhibitor. One copy of the record Cats on Hand (APHIS Form 7005/VS containing the information required by Form 18-5)and Record of Disposition of paragraph (a)(1) of this section shall Dogs and Cats (APHIS Form 7006/VS accompany each shipment of any dog Form 18-6) to make, keep, and main- or cat sold or otherwise disposed of by tam the information required by para- a dealer or exhibitor: Provided, however, graph (a)(1) of this section: Provided, that, except as provided in §2.133(b) of that if a dealer or exhibitor who uses a this part for dealers, information that computerized recordkeeping system be- indicates the source and date of acqui- lieves that APHIS Form 7005/VS Form sition of a dog or cat need not appear 18-5 and APHIS Form 7006/VS Form 18- on the copy of the record accompany- 6 are unsuitable for him or her to ing the shipment. One copy of the make, keep, and maintain the informa- record containing the information re- tion required by paragraph(a)(1)of this quired by paragraph (a)(1) of this sec- section, the dealer or exhibitor may re- tion shall be retained by the dealer or quest a variance from the requirement exhibitor. to use APHIS Form 7005/VS Form 18-5 (b)(1) Every dealer other than opera- and APHIS Form 7006/VS Form 18-6. tors of auction sales and brokers to (i) The request for a variance must whom animals are consigned, and ex- consist of a written statement describ- hibitor shall make, keep, and maintain ing why APHIS Form 7005/VS Form 18- records or forms which fully and cor- 5 and APHIS Form 7006/VS Form 18-6 rectly disclose the following informa- are unsuitable for the dealer or exhibi- tion concerning animals other than tor to make, keep, and maintain the dogs and cats, purchased or otherwise information required by paragraph acquired, owned, held, leased, or other- (a)(1) of this section, and a description wise in his or her possession or under of the computerized recordkeeping sya- his or her control, or which is trans- tern the person would use in lieu of ported, sold, euthanized, or otherwise APHIS Form 7005/VS Form 18-5 and disposed of by that dealer or exhibitor. APHIS Form 7006/VS Form 18-6 to The records shall include any offspring make, keep, and maintain the informa- born of any animal while in his or her tion required by paragraph(a)(1)of this possession or under his or her control. section. APHIS will advise the person (i) The name and address of the per- as to the disposition of his or her re- son from whom the animals were pur- quest for a variance from the require- chased or otherwise acquired; ment to use APHIS Form 7005/VS Form (ii) The USDA license or registration 18-5 and APHIS Form 7006/VS Form 18- number of the person if he or she is li- 6. censed or registered under the Act; 28 Animal and Plant Health inspection Service, USDA §2.77 (iii) The vehicle license number and (1) The name and address of the per- state, and the driver's license number son who owned or consigned the ani- and state of the person, if he or she is mal(s)for sale; not licensed or registered under the (2) The name and address of the Act; buyer or consignee who received the (iv) The name and address of the per- animal; son to whom an animal was sold or (3) The USDA license or registration given; number of the person(s) selling, con- (v) The date of purchase, acquisition, signing, buying, or receiving the ani- sale, or disposal of the animal(s); mals if he or she is licensed or reg- (vi) The species of the animal(s); and istered under the Act; (vii) The number of animals in the (4) The vehicle license number and shipment. state, and the driver's license number (2) Record of Animals on Hand (other and state of the person, if he or she is than dogs and cats) (APHIS Form 7019/ not licensed or registered under the VS Form 18-19) and Record of Acquisi- Act; tion, Disposition, or Transport of Ani- (5)The date of the consignment; mals (other than dogs and cats) (6) The official USDA tag number or (APHIS Form 7020/VS Form 18-20) are tattoo assigned to the animal under forms which may be used by dealers §§2.50 and 2.54; and exhibitors to keep and maintain (7) A description of the animal which the information required by paragraph shall include: (b)(1) of this section concerning ani- (i) The species and breed or type of mals other than dogs and cats except animal; as provided in§2.79. (ii)The sex of the animal; and (3) One copy of the record containing (iii) The date of birth or approximate the information required by paragraph age; and (b)(1) of this section shall accompany (iv) The color and any distinctive each shipment of any animal(s) other markings; than a dog or cat purchased or other- (8) The auction sales number or wise acquired by a dealer or exhibitor. records number assigned to the animal. One copy of the record containing the (b) One copy of the record containing information required by paragraph the information required by paragraph (b)(1) of this section shall accompany (a) of this section shall be given to the each shipment of any animal other consignor of each animal, one copy of than a dog or cat sold or otherwise dis- the record shall be given to the pur- posed of by a dealer or exhibitor; Pro- chaser of each animal: Provided, how- vided, however, That information which ever, That information which indicates indicates the source and date of acqul- the source and date of consignment of sition of any animal other than a dog any animal need not appear on the or cat need not appear on the copy of copy of the record given the purchaser the record accompanying the shipment. of any animal. One copy of the record The dealer or exhibitor shall retain one containing the information required by copy of the record containing the infor- paragraph (a) of this section shall be mation required by paragraph (b)(1) of retained by the operator of such auc- this section. tion sale, or broker, for each animal [54 FR 36147, Aug. 31, 1989, as amended at 58 sold by the auction sale or broker. FR 39129, July 22, 1993; 58 FR 45041, Aug. 26, 1993;60 FR 13895,Mar. 15,1995) 02.77 Records: Carriers and inter- mediate handlers. *2.76 Records: Operators of auction (a) In connection with all live ani- sales and brokers. mals accepted for shipment on a C.O.D. (a) Every operator of an auction sale basis or other arrangement or practice or broker shall make, keep, and main- under which the cost of an animal or tain records or forms which fully and the transportation of an animal is to correctly disclose the following infor- be paid and collected upon delivery of mation concerning each animal con- the animal to the consignee, the ac- signed for auction or sold, whether or cepting carrier or intermediate han- not a fee or commission is charged: dler, if any, shall keep and maintain a 29 42.78 9 CFR Ch. I (1-1-99 Edition) copy of the consignor's written guaran- mal(s) or other animals or endanger tee for the payment of transportation public health. charged for any animal not claimed as (b)The Secretary may provide excep- provided in §2.80, including, where nec- tions to the health certification re- essary, both the return transportation quirement on an individual basis for charges and an amount sufficient to re- animals shipped to a research facility imburse the carrier for out-of-pocket for purposes of research, testing, or ex- expenses incurred for the care, feeding, perimentation when the research facil- and storage of the animal. The carrier ity requires animals not eligible for or intermediate handler at destination certification. Requests should be ad- shall also keep and maintain a copy of dressed to the Animal and Plant the shipping document containing the Health Inspection Service, Animal time, date, and method of each at- Care, 4700 River Road, Unit 84, River- tempted notification and the final no- dale, Maryland 20737-1234. tification to the consignee and the (c) No intermediate handler or car- name of the person notifying the con- rier to whom any live dog, cat, or signee, as provided in§2.80. nonhuman primate is delivered for (b) In connection with all live dogs, transportation by any dealer, research cats, or nonhuman primates delivered facility, exhibitor, broker, operator of for transportation, in commerce, to an auction sale, or department, agency, any carrier or intermediate handler, by or instrumentality of the United any dealer, research facility, exhibitor, States or any State or local govern- operator of an auction sale, broker, or ment shall receive a live dog, cat, or department, agency or instrumentality nonhuman primate for transportation, of the United States or of any state or in commerce, unless and until it is ac- local government, the accepting car- companied by a health certificate rier or intermediate handler shall keep issued by a licensed veterinarian in ac- and maintain a copy of the health cer- cordance with paragraph(a) of this sec- tification completed as required by tion, or an exemption issued by the §2.79, tendered with each live dog, cat, Secretary in accordance with para- or nonhuman primate. graph(b)of this section. (d) The U.S. Interstate and Inter- §2.78 Health certification and identi- national Certificate of Health Exam- fication. ination for Small Animals (APHIS (a) No dealer, exhibitor, operator of Form 7001/VS Form 18-1) may be used an auction sale, broker, or department, for health certification by a licensed agency, or instrumentality of the veterinarian as required by this sec- United States or of any State or local tion. government shall deliver to any inter- [54 FR 36147, August 31, 1989, as amended at mediate handler or carrier for trans- 59 FR 67612.Dec.30,1994;60 FR 13896,Mar. 15, portation, in commerce, or shall trans- 1995;63 FR 62927,Nov. 10, 19987 port in commerce any dog, cat, or nonhuman primate unless the dog, cat, §2.79 C.O.D.shipments. or nonhuman primate is accompanied (a) No carrier or intermediate han- by a health certificate executed and dler shall accept any animal for trans- issued by a licensed veterinarian. The portation, in commerce, upon any health certificate shall state that: C.O.D. or other basis where any money (1) The licensed veterinarian in- is to be paid and collected upon deliv- spected the dog, cat, or nonhuman pri- ery of the animal to the consignee, un- mate on a specified date which shall less the consignor guarantees in writ- not be more than 10 days prior to the ing the payment of all transportation, delivery of the dog, cat, or nonhuman including any return transportation, if primate for transportation; and the shipment is unclaimed or the con- (2) when so inspected, the dog, cat, or signee cannot be notified in accordance nonhuman primate appeared to the li- with paragraphs (b) and (c) of this sec- censed veterinarian to be free of any tion, including reimbursing the carrier infectious disease or physical abnor- or intermediate handler for all out-of- mality which would endanger the ani- pocket expenses incurred for the care, 30 Animal and Plant Health Inspection Service, USDA §2.100 feeding, and storage or housing of the (d) Nothing in this section shall be animal. construed as prohibiting any carrier or (b) Any carrier or intermediate han- intermediate handler from requiring dler receiving an animal at a destina- any guarantee in addition to that re- tion on a C.O.D. or other basis any quired in paragraph (a) of this section money is to be paid and collected upon for the payment of the cost of any delivery of the animal to the consignee transportation or out-of-pocket or shall attempt to notify the consignee other incidental expenses incurred in at least once every 6 hours for a period the transportation of any animal. of 24 hours after arrival of the animal at the animal holding area of the ter- §2.80 Records,disposition. minal cargo facility. The carrier or in- (a) No dealer, exhibitor, broker, oper- termediate handler shall record the ator of an auction sale, carrier, or in- time, date, and method of each at- termediate handler shall, for a period tempted notification and the final no- of 1 year, destroy or dispose of, without tification to the consignee, and the the consent in writing of the Adminis- name of the person notifying the con- trator, any books, records, documents, signee, on the shipping document and or other papers required to be kept and on the copy of the shipping document maintained under this part. accompanying the C.O.D. shipment. If (b) Unless otherwise specified, the the consignee cannot be notified of the records required to be kept and main- C.O.D. shipment within 24 hours after tained under this part shall be held for its arrival, the carrier or intermediate 1 year after an animal is euthanized or handler shall return the animal to the disposed of and for any period in excess consignor, or to whomever the con- of one year as necessary to comply signor has designated, on the next with any applicable Federal, State, or practical available transportation, in local law. Whenever the Administrator accordance with the written agreement notifies a dealer, exhibitor, broker, op- required in paragraph (a) of this sec- erator of an auction sale, carrier, or in- tion and shall notify the consignor. termediate handler in writing that Any carrier or intermediate handler specified records shall be retained which has notified a consignee of the pending completion of an investigation arrival of a C.O.D. or other shipment of or proceeding under the Act, the deal- an animal, where any money is to be er, exhibitor, broker, operator of an paid and collected upon delivery of the auction sale, carrier, or intermediate animal to the consignee, which is not handler shall hold those records until claimed by the consignee within 48 their disposition is authorized by the hours from the time of notification, Administrator. shall return the animal to the con- signor, or to whomever the consignor Subpart H—Compliance With has designated, on the next practical Standards and Holding Period available transportation, in accordance with the written agreement required in §2.100 Compliance with standards. paragraph (a) of this section and shall (a)Each dealer, exhibitor, operator of notify the consignor. an auction sale, and intermediate han- (c) It is the responsibility of any car- dler shall comply in all respects with rier or intermediate handler to hold, the regulations set forth in part 2 and feed, and care for any animal accepted the standards set forth in part 3 of this for transportation, in commerce, under subchapter for the humane handling, a C.O.D. or other arrangement where care, treatment, housing, and transpor- any money is to be paid and collected tation of animals. upon delivery of the animal until the (b) Each carrier shall comply in all consignee accepts shipment at destina- respects with the regulations in part 2 Lion or until returned to the consignor and the standards in part 3 of this sub- or his or her designee should the con- chapter setting forth the conditions signee fail to accept delivery of the and requirements for the humane animal or if the consignee could not be transportation of animals in commerce notified as prescribed in paragraph (b) and their handling, care, and treat- of this section. ment in connection therewith. 31 §2.101 9 CFR Ch. I (1-1-99 Edition) §2.101 Holding period. §2.102 Holding facility. (a) Any live dog or cat acquired by a (a) If any dealer or exhibitor obtains dealers or exhibitor shall be held by the prior approval of the AC Regional him or her, under his or her super- Director, he may arrange to have an- vision and control, for a period of not other person hold animals for the re- less than 5 full days, not including the quired period provided for in paragraph day of acquisition, after acquiring the (a) of§2.101: Provided, That: animal, excluding time in transit: Pro- (1)The other person agrees in writing vided, however: to comply with the regulations in part (1) That any live dog or cat acquired 2 and the standards in part 3 of this by a dealer or exhibitor from any pri- subchapter and to allow inspection of vate or contract animal pound or shel- his premises by an APHIS official dur- ter shall be held by that dealer or ex- ing business hours; and hibitor under his or her supervision and control for a period of not less (2) The animals remain under the than 10 full days, not including the day total control and responsibility of the of acquisition, after acquiring the ani- dealer or exhibitor. mal, excluding time in transit; (3) Approval will not be given for a (2)Live dogs or cats which have corn- dealer or exhibitor holding a license as pleted a 5-day holding period with an- set forth in §2.1 to have animals held other dealer or exhibitor, or a 10-day for purposes of this section by another holding period with another dealer or licensed dealer or exhibitor. APHIS exhibitor if obtained from a private or Form 7009/VS Form 18-9 shall be used contract shelter or pound, may be sold for approval. or otherwise disposed of by subsequent (b) If any intermediate handler ob- dealers or exhibitors after a minimum tains prior approval of the AC Regional holding period of 24 hours by each sub- Director, it may arrange to have an- sequent dealer or exhibitor excluding other person hold animals: Provided, time in transit; That: (3) Any dog or cat suffering from dis- (1)The other person agrees in writing ease, emaciation, or injury may be de- to comply with the regulations in part stroyed by euthanasia prior to the 2 and the standards in part 3 of this completion of the holding period re- subchapter and to allow inspection of quired by this section; and the premises by an APHIS official dur- (4) Any live dog or cat, 120 days of ing business hours; and age or less, that was obtained from the (2) The animals remain under the person that bred and raised such dog or total control and responsibility of the cat, may be exempted from the 5-day research facility or intermediate han- holding requirement and may be dis- dler. posed of by dealers or exhibitors after a minimum holding period of 24 hours, [59 FR 36147, Aug. 31, 1989, as amended at 60 excluding time in transit. Each subse- FR 13896, Mar. 15, 1995; 63 FR 62927, Nov. 10, quent dealer or exhibitor must also 19981 hold each such dog or cat for a 24-hour period excluding time in transit. Subpart I—Miscellaneous (b) During the period in which any dog or cat is being held as required by §2.125 Information as to business; fur- this section, the dog or cat shall be un- nishing of same by dealers, exhibi- loaded from any means of conveyance tors, operators of auction sales, in- in which it was received, for food, terms pate handlers,and carriers. water, and rest, and shall be handled, Each dealer, exhibitor, operator of an cared for, and treated in accordance auction sale, intermediate handler, and with the standards set forth in part 3, carrier shall furnish to any APHIS offi- subpart A, of this subchapter and cial any information concerning the §2.131. business of the dealer, exhibitor, opera- tor of an auction sale, intermediate 5An operator of an auction sale is not con- handler or carrier which the APHIS of- sidered to have acquired a dog or cat which ficial may request in connection with is sold through the auction sale. the enforcement of the provisions of 32 Animal and Plant Health Inspection Service, USDA §2.129 the Act, the regulations and the stand- (a) The police or other law officer ards in this subchapter. The informa- shall furnish to the dealer, exhibitor, tion shall be furnished within a reason- intermediate handler or carrier a writ- able time and as may be specified in ten description of the missing animal the request for information. and the name and address of its owner before making a search. {2.126 Access and inspection of (b) The police or other law officer records and property. shall abide by all security measures re- (a) Each dealer, exhibitor, intermedi- quired by the dealer, exhibitor, inter- ate handler, or carrier, shall, during mediate handler or carrier to prevent business hours, allow APHIS officials: the spread of disease, including the use (1)To enter its place of business; of sterile clothing, footwear, and (2) To examine records required to be masks where required, or to prevent kept by the Act and the regulations in the escape of an animal. this part; (3)To make copies of the records; *2.128 Confiscation and destruction of (4) To inspect and photograph the fa- animals• cilities, property and animals, as the (a) If an animal being held by a deal- APHIS officials consider necessary to er, exhibitor, intermediate handler, or enforce the provisions of the Act, the by a carrier is found by an APHIS offi- regulations and the standards In this cial to be suffering as a result of the subchapter; and failure of the dealer, exhibitor, inter- (5) To document, by the taking of mediate handler, or carrier to comply photographs and other means, condi- with any provision of the regulations tions and areas of noncompliance. or the standards set forth in this sub- (b) The use of a room, table, or other chapter, the APHIS official shall make facilities necessary for the proper ex- a reasonable effort to notify the dealer, amination of the records and inspec- exhibitor, intermediate handler, or car- tion of the property or animals shall be rier of the condition of the animal(s) extended to APHIS officials by the and request that the condition be cor- dealer, exhibitor, intermediate handler rected and that adequate care be given or carrier. to alleviate the animal's suffering or X2.127 Publication of names of per- distress, or that the animal(s) be de- stroyed by euthanasia. In the event sons subject to the provisions of this part. that the dealer, exhibitor, corn- APHIS intermedi- will publish lists of persons li- ate handler, or carrier refuses to offi- censed or registered in accordance with ply with this confiscate request, the APHIS o the provisions of this part in the FED- r may treatment, the disposal animal(s)s fo- ERAI, REGISTER. The lists may be ob- care, paragra or dl ofthi as tion, tamed upon request from the AC Re- Gated in opinion nonpoh the(b) A this section, if, in the of Administrator, gional Director. the circumstances indicate the ani- [54 FR 36147, Aug. 31, 1989, as amended at 63 mal's health is in danger. FR 62927,Nov. 10,1998] (b) In the event that the APHIS offi- cial is unable to locate or notify the {2.128 Inspection for missing animals- dealer, exhibitor, intermediate han- Each dealer, exhibitor, intermediate dler, or carrier as required in this sec- handler and carrier shall allow, upon tion, the APHIS official shall contact a request and during business hours, po- local police or other law officer to ac- lice or officers of other law enforce- company him to the premises and shall ment agencies with general law en- provide for adequate care when nec- forcement authority (not those agen- essary to alleviate the animal's suffer- cies whose duties are limited to en- ing. If in the opinion of the Adminis- forcement of local animal regulations) trator, the condition of the animal(s) to enter his or her place of business to cannot be corrected by this temporary inspect animals and records for the care, the APHIS official shall con- purpose of seeking animals that are fiscate the animals. missing, under the following condi- (c) Confiscated animals may be tions: placed, by sale or donation, with other 33 §2.130 9 CFR Ch. I (1-1-99 Edition) licensees or registrants which comply (c)(1) Animals shall be exhibited only with the standards and regulations and for periods of time and under condi- can provide proper care, or they may tions consistent with their good health be euthanized. The dealer, exhibitor, and well-being. Intermediate handler, or carrier from (2) A responsible, knowledgeable, and whom the animals were confiscated readily identifiable employee or at- shall bear all costs incurred in per- tendant must be present at all times forming the placement or euthanasia during periods of public contact. activities authorized by this section. (3) During public exhibition,¢2.130 Minimum age requirements. dan- gerous animals such as lions, tigers, wolves, bears, or elephants must be No dog or cat shall be delivered by under the direct control and super- any person to any carrier or intermedi- vision of a knowledgeable and experi- ate handler for transportation, in com- enced animal handler. merce, or shall be transported in com- (4) If public feeding of animals is al- merce by any person, except to a reg- lowed, the food must be provided by istered research facility, unless such the animal facility and shall be appro- dog or cat is at least eight (8) weeks of prlate to the type of animal and its nu- age and has been weaned. tritional needs and diet. ¢2.131 Handling of animals. (d) When climatic conditions present a threat to an animal's health or well- (a)(1) Handling of all animals shall be being, appropriate measures must be done as expeditiously and carefully as taken to alleviate the impact of those possible in a manner that does not conditions. An animal may never be cause trauma, overheating, excessive subjected to any combination of tem- cooling, behavioral stress, physical perature, humidity, and time that is harm, or unnecessary discomfort. detrimental to the animal's health or (2)(i) Physical abuse shall not be used well-being, taking into consideration to train, work, or otherwise handle ani- such factors as the animal's age, spe- mals. cies, breed, overall health status, and (ii) Deprivation of food or water shall acclimation, not be used to train, work, or otherwise handle animals; Provided, however, [54 FR 36147, Aug. 31, 1989, as amended at 63 That the short-term withholding of FR 10498, Mar.4,1998] food or water from animals by exhibi- ¢2.132 Procurement of random source tors is allowed by these regulations as dogs and cats,dealers. long as each of the animals affected re- ceives its full dietary and nutrition re- (a) A class "B" dealer may obtain quirements each day. live random source dogs and cats only (b)(1) During public exhibition, any from: animal must be handled so there is (1) Other dealers who are licensed minimal risk of harm to the animal under the Act and in accordance with and to the public, with sufficient dis- the regulations in part 2; tance and/or barriers between the ani- (2) State, county, or city owned and mal and the general viewing public so operated animal pounds or shelters; as to assure the safety of animals and and the public. (3) A legal entity organized and oper- (2) Performing animals shall be al- ated under the laws of the State in lowed a rest period between perform- which it is located as an animal pound ances at least equal to the time for one or shelter, such as a humane shelter or performance. contract pound. (3) Young or immature animals shall (b) A class "B" dealer shall not ob- not be exposed to rough or excessive tam live random source dogs and cats public handling or exhibited for periods from individuals who have not bred and of time which would be detrimental to raised the dogs and cats on their own their health or well-being. premises. (4) Drugs, such as tranquilizers, shall (c) Live nonrandom source dogs and not be used to facilitate, allow, or pro- cats may be obtained from persons who vide for public handling of the animals. have bred and raised the dogs and cats 34 Animal and Plant Health Inspection Service, USDA §2.133 on their own premises, such as hobby least one Saturday. The provisions of breeders. this paragraph apply to: (d) No person shall obtain live ran- (1) Each pound or shelter owned and dom source dogs or cats by use of false operated by a State, county, or city; pretenses, misrepresentation, or decep- (2) Each private pound or shelter es- tion. tablished for the purpose of caring for (e) Any dealer, exhibitor, research fa- animals, such as a humane society, or cility, carrier, or intermediate handler other organization that is under con- who also operates a private or contract tract with a State, county, or city, animal pound or shelter shall comply that operates as a pound or shelter, and with the following: that releases animals on a voluntary (1) The animal pound or shelter shall basis; and be located on premises that are phys- (3) Each research facility licensed by ically separated from the licensed or USDA as a dealer. registered facility. The animal housing (b) A dealer shall not sell, provide, or facility of the pound or shelter shall make available to any person a live not be adjacent to the licensed or reg- random source dog or cat unless the istered facility. dealer provides the recipient of the dog (2) Accurate and complete records or cat with certification that contains shall be separately maintained by the the following information: licensee or registrant and by the pound (1) The name, address, USDA license or shelter. The records shall be in ac- number, and signature of the dealer: cordance with §§2.75 and 2.76, unless (2) The name, address, USDA license the animals are lost or stray. If the or registration number, if such number animals are lost or stray, the pound or exists, and signature of the recipient of shelter records shall provide: the dog or cat; (3) A description of each dog or cat (i) An accurate description of the ani- being sold, provided, or made available mal; that shall include: (H) How, where, from whom, and when the dog or cat was obtained; (i) The species and breed or type (for m mixed breeds, estimate the two domi- (Hi) How long the dog or cat was held nant breeds or types); by the pound or shelter before being (ii)The sex; transferred to the dealer; and (Hi) The date of birth or, if unknown, (iv) The date the dog or cat was then the approximate age; transferred to the dealer. (iv) The color and any distinctive (3) Any dealer who obtains or ac- markings; and quires a live random source dog or cat (v) The Official USDA-approved iden- from a private or contract pound or tification number of the animal. How- shelter, including a pound or shelter he ever, if the certification is attached to or she operates, shall hold the dog or a certificate provided by a prior dealer cat for a period of at least 10 full days, which contains the required descrip- not including the day of acquisition, tion, then only the official identifica- excluding time in transit, after acquir- tion numbers are required; ing the animal, and otherwise in ac- (4) The name and address of the per- cordance with§2.101. son, pound, or shelter from which the dog or cat was acquired by the dealer, §2.133 Certification for random source and an assurance that the person, dogs and cats. pound, or shelter was notified that the (a) Each of the entities listed in para- cat or dog might be used for research graphs (a)(1) through (a)(3) of this sec- or educational purposes; tion that acquire any live dog or cat (5) The date the dealer acquired the shall, before selling or providing the dog or cat from the person, pound, or live dog or cat to a dealer, hold and shelter referred to in paragraph (b)(4) care for the dog or cat for a period of of this section; and not less than 5 full days after acquiring (6) If the dealer acquired the dog or the animal, not including the date of cat from a pound or shelter, a signed acquisition and excluding time in tran- statement by the pound or shelter that sit. This holding period shall include at it met the requirements of paragraph 35 Pt. 3 9 CFR Ch. 1 (1-1-99 Edition) (a) of this section. This statement for at least 3 years following disposi- must at least describe the animals by `ion. their official USDA identification num- [58 FR 39129, July 22,1993] bers. It may be incorporated within the certification if the dealer makes the PART 3-STANDARDS certification at the time that the ani- mals are acquired from the pound or Subpart A—Specifications for the Humane shelter or it may be made separately Handling, Care, Treatment, and Trans- and attached to the certification later. pOdallOm of Dogs and Cats If made separately, it must include the same information describing each ani- FACILITIES AND OPERATING STANDARDS mal as is required in the certification. sec. A photocopy of the statement will be 3.1 Housing facilities,general. regarded as a duplicate original. 3.2 Indoor housing facilities. (c)The original certification required 3.3 Sheltered housing facilities. under paragraph (b) of this section 3.4 Outdoor housing facilities. shall accompany the shipment of a live 3.5 Mobile or traveling housing facilities. dog or cat to be sold, provided, or oth- 3.6 Primary enclosures. erwise made available by the dealer. ANIMAL HEALTH AND HUSBANDRY STANDARDS (d) A dealer who acquires a live dog 3.7 Compatible grouping. or cat from another dealer must obtain 3.8 Exercise for dogs. from that dealer the certification re- 3.9 Feeding. quired by paragraph (b) of this section 3.10 Watering. and must attach that certification (in- 3.11 Cleaning, sanitization, housekeeping, cluding any previously attached cer- and pest control. tification) to the certification which he 3.12 Employees. or she provides pursuant to paragraph TRANSPORTATION STANDARDS (b) of this section (a photocopy of the 3.13 Consignments to carriers and inter- original certification will be deemed a mediate handlers. duplicate original if the dealer does not 3.14 Primary enclosures used to transport dispose of all of the dogs or cats in a live dogs and cats. single transaction). 3.15 Primary conveyances (motor vehicle, (e) A dealer who completes, provides, rail,air,and marine). or receives a certification required 3.16 Food and water requirements. 3.17 Care in transit. under paragraph (b) of this section Ha shall keep, maintain, and make avail- 3.18 3.19 Handling.l facilities. able for APHIS inspection a copy of the certification for at least 1 year follow- Subpart B—Specifications for the Humane ing disposition. Handling, Care, Treatment, and Trans- (f) A research facility which acquires portatlon of Guinea Pigs and Hamsters any live random source dog or cat from FACILITIES AND OPERATING STANDARDS a dealer must obtain the certification required under paragraph (b) of this 3.25 Facilities,general. section and shall keep, maintain, and 3.26 Facilities,indoor. 3.27 Facilities,outdoor. make available for APHIS inspection 3.28 Primary enclosures. the original for at least 3 years follow- ing disposition. ANIMAL HEALTH AND HUSBANDRY STANDARDS (g) In instances where a research fa- 3.29 Feeding. cility transfers ownership of a live ran- 3.30 Watering. dom source dog or cat acquired from a 3.31 Sanitation. dealer to another research facility, a 3.32 Employees. copy of the certification required by 3.33 Classification and separation. paragraph (b) of this section must ac- 3.34 [Reserved] company the dog or cat transferred. TRANSPORTATION STANDARDS The research facility to which the dog 3.35 Consignments to carriers and inter- or cat is transferred shall keep, main- mediate handlers. tain, and make available for APHIS in- 3.36 Primary enclosures used to transport spection the copy of the certification live guinea pigs and hamsters. 36 Animal and Plant Health Inspection Service, USDA Pt. 3 3.37 Primary conveyances (motor vehicle, 3.89 Food and water requirements. rail,air,and marine). 3.90 Care in transit. 3.38 Food and water requirements. 3.91 Terminal facilities. 3.39 Care in transit. 3.92 Handling. 3.40 Terminal facilities. 3.41 Handling. Subpart E—Specifications for the Humane Handling, Care, Treatment, and Trans- Subpart C—SpecMcallons for the Humane portation of Marine Mammals Handling, Care, Treatment and Trans- portation of Rabbits FACILITIES AND OPERATING STANDARDS FACILITIES AND OPERATING STANDARDS 3.100 Special considerations regarding com- pliance and/or variance. 3.50 Facilities,general. 3.101 Facilities,general. 3.51 Facilities,indoor. 3.102 Facilities,indoor. 3.52 Facilities,outdoor. 3.103 Facilities,outdoor. 3.53 Primary enclosures. 3.104 Space requirements. ANIMAL HEALTH AND HUSBANDRY STANDARDS ANIMAL HEALTH AND HUSBANDRY STANDARDS 3.54 Feeding. 3.105 Feeding. 3.55 Watering. 3.106 Water quality. 3.58 Sanitation. 3.107 Sanitation. 3.57 Employees. 3.108 Employees or attendants. 3.58 Classification and separation. 3.109 Separation. 3.59 [Reserved] 3.110 Veterinary care. 3.111 Swim-with-the-dolphin programs. TRANSPORTATION STANDARDS 3.60 Consignments to carriers and inter- TRANSPORTATION STANDARDS mediate handlers. 3.112 Consignments to carriers and inter- 3.61 Primary enclosures used to transport mediate handlers. live rabbits. 3.113 Primary enclosures used to transport 3.62 Primary conveyances (motor vehicle, marine mammals. rail,air,and marine). 3.114 Primary conveyances (motor vehicle, 3.63 Food and water requirements. rail,air,and marine). 3.64 Care in transit. 3.115 Food and water requirements. 3.65 Terminal facilities. 3.116 Care in transit. 3.66 Handling. 3.117 Terminal facilities. 3.118 Handling. Subpart D—SpecMcallons for the Humane Handling, Care, Treatment, and Trans- Subpart F—SpecifIcations for the Humane portation of Nonhuman Primates Handling, Care, Treatment, and Trans- FACILITIES AND OPERATING STANDARDS portation of Wamiblooded Animals Other Than Dogs, Cats, Rabbits, Ham- 3.75 Housing facilities,general. Sten, Guinea Pigs, Nonhuman Prima- 3.76 Indoor housing facilities. tes,and Marine Mammals 3.77 Sheltered housing facilities. 3.78 Outdoor housing facilities. FACILITIES AND OPERATING STANDARDS 3.79 Mobile or traveling housing facilities. 3.80 Primary enclosures. 3.125 Facilities,general. 3.81 Environment enhancement to promote 3.126 Facilities, indoor. psychological well-being. 3.127 Facilities,outdoor. 3.128 Space requirements. ANIMAL HEALTH AND HUSBANDRY STANDARDS ANIMAL.HEALTH AND HUSBANDRY STANDARDS 3.82 Feeding. 3.83 Watering. 3.129 Feeding. 3.84 Cleaning, sanitlzatlon, housekeeping, 3.130 Watering. and pest control. 3.131 Sanitation. 3.85 Employees. 3.132 Employees. 3.133 Separation. TRANSPORTATION STANDARDS 3.134-3.135 [Reserved) 3.86 Consignments to carriers and inter- TRANSPORTATION STANDARDS mediate handlers. 3.87 Primary enclosures used to transport 3.136 Consignments to carriers and inter- nonhuman primates. mediate handlers. 3.88 Primary conveyances (motor vehicle, 3.137 Primary enclosures used to transport rail,air,and marine). live animals. 37 §3.1 9 CFR Ch. I (1-1-99 Edition) 3.138 Primary conveyances (motor vehicle, eluding houses, dens, and other fur- rail,air,and marine). niture-type fixtures and objects within 3.139 Food and water requirements. the facility—must be constructed in a 3.140 Care in transit. manner and made of materials that 3.141 Terminal facilities. 3.142 Handling. allow them to be readily cleaned and AUTHORITY: 7 U.S.C. 2131-2159; 7 CFR 2.22, sanitized, or removed or replaced when 2.80,and 371.2(d). worn or soiled. Interior surfaces and any surfaces that come in contact with SOURCE: 32 FR 3273, Feb. 24, 1967, unless dogs or cats must: otherwise noted. (i) Be free of excessive rust that A—Specifications for the pre- vents the required cleaning and saniti- Subpart zation, or that affects the structural Humane Handling, Care, strength of the surface; and Treatment, and Transportation (ii) Be free of jagged edges or sharp of Dogs and Cats 1 points that might injure the animals. (2) Maintenance and replacement of SOURCE: 56 FR 6486, Feb. 15, 1991, unless surfaces. All surfaces must be main- otherwise noted. tailed on a regular basis. Surfaces of housing facilities—including houses, FACILITIES AND OPERATING STANDARDS dens, and other furniture-type fixtures and objects within the facility—that *3.1 Housing facilities,general. cannot be readily cleaned and sani- (a) Structure; construction. Housing tized, must be replaced when worn or facilities for dogs and cats must be de- soiled. signed and constructed so that they are (3) Cleaning. Hard surfaces with structurally sound. They must be kept which the dogs or cats come in contact in good repair, and they must protect must be spot-cleaned daily and sani- the animals from injury, contain the tized in accordance with §3.11(b) of this animals securely, and restrict other subpart to prevent accumulation of ex- animals from entering. creta and reduce disease hazards. (b) Condition and site. Housing facili- Floors made of dirt, absorbent bedding, ties and areas used for storing animal sand, gravel, grass, or other similar food or bedding must be free of any ac- material must be raked or spot-cleaned cumulation of trash, waste material, with sufficient frequency to ensure all junk, weeds, and other discarded mate- animals the freedom to avoid contact rials. Animal areas inside of housing with excreta. Contaminated material facilities must be kept neat and free of must be replaced whenever this raking clutter, including equipment, fur- and spot-cleaning is not sufficient to niture, and stored material, but may prevent or eliminate odors, insects, contain materials actually used and pests, or vermin infestation. All other necessary for cleaning the area, and surfaces of housing facilities must be fixtures or equipment necessary for cleaned and sanitized when necessary proper husbandry practices and re- to satisfy generally accepted hus- search needs. Housing facilities other bandry standards and practices. Saniti- than those maintained by research fa- zation may be done using any of the cilities and Federal research facilities methods provided in §3.1I(b)(3) for pri- must be physically separated from any mary enclosures. other business. If a housing facility is (d) Water and electric power. The hous- located on the same premises as an- ing facility must have reliable electric other business, it must be physically power adequate for heating, cooling, separated from the other business so ventilation, and lighting, and for car- that animals the size of dogs, skunks, rying out other husbandry require- and raccoons are prevented from enter- ments in accordance with the regula- ing it. tions in this subpart. The housing fa- (c) Surfaces—(1) General requirements. cility must provide adequate running The surfaces of housing facilities—in- potable water for the dogs' and cats' drinking needs, for cleaning, and for 'These minimum standards apply only to carrying out other husbandry require- live dogs and cats,unless stated otherwise. ments. 38 Animal and Plant Health Inspection Service, USDA §3.2 (e) Storage. Supplies of food and bed- lids on them at all times. Dead ani- ding must be stored in a manner that mals, animal parts, and animal waste protects the supplies from spoilage, must not be kept in food storage or contamination, and vermin infestation. food preparation areas, food freezers, The supplies must be stored off the food refrigerators, or animal areas. floor and away from the walls, to allow (g) Washrooms and sinks. Washing fa- cleaning underneath and around the cllities such as washrooms, basins, supplies. Foods requiring refrigeration sinks, or showers must be provided for must be stored accordingly, and all animal caretakers and must be readily food must be stored in a manner that accessible. prevents contamination and deteriora- tion of its nutritive value. All open §8.2 Indoor housing facilities. supplies of food and bedding must be (a) Heating, cooling, and temperature. kept in leakproof containers with Indoor housing facilities for dogs and tightly fitting lids to prevent contami- cats must be sufficiently heated and nation and spoilage. Only food and bed- cooled when necessary to protect the ding that is currently being used may dogs and cats from temperature or hu- bs kept in the animal areas. Sub- midity extremes and to provide for stances that are toxic to the dogs or their health and well-being. When dogs cats but are required for normal hus- bandry practices must not be stored in or cats re in the facility must not fall food storage and preparation areas, but pebelow 50°F (10°C) for dogs and cats not may be restored in cabinets in the ani- acclimated to lower temperatures, for m(f arras. those breeds that cannot tolerate lower in(f) Drainage and waste disposal.v Hoerr temperatures without stress or discom- regular g facility operators must provide for fort (such as short-haired breeds), and moval, and frequent collection,imaladre- for sick, aged, young, or infirm dogs wastes,andbedding,disposal isf animal e, water,food and cats, except as approved by the at- otherfluids wastes,deaste, garbage, tending veterinarian. Dry bedding, and and dead ani- mals, in a manner that minimizes con- solid resting boards, or other methods tamination and of conserving body heat must be sease eda. Hoaxing vided when temperatures are below 50 pro- facilities must be equipped with dis- °F (10 °C). The ambient temperature that poatl arefa constructed st and drainage and operated syst so must not fall below 45 °F (7.2 °C) for animalwasteand and so that waste and water are rap- more than 4 consecutive hours when idly eliminated and animals stay dry. dogs or cats are present, and must not Disposal and drainage systems must rise above 85 °F (29.5 °C) for more than minimize vermin and pest infestation, 4 consecutive hours when dogs or cats insects, odors, and disease hazards. All are present. The preceding require- drains must be properly constructed, ments are in addition to, not in place installed, and maintained. If closed of, all other requirements pertaining to drainage systems are used, they must climatic conditions in parts 2 and 3 of be equipped with traps and prevent the this chapter. backflow of gases and the backup of (b) Ventilation. Indoor housing facili- sewage onto the floor. If the facility ties for dogs and cats must be suffi- uses sump or settlement ponds, or ciently ventilated at all times when other similar systems for drainage and dogs or cats are present to provide for animal waste disposal, the system their health and well-being, and to must be located far enough away from minimize odors, drafts, ammonia lev- the animal area of the housing facility els, and moisture condensation. Ven- to prevent odors, diseases, pests, and tilation must be provided by windows, vermin infestation. Standing puddles of vents, fans, or air conditioning. Auxil- water in animal enclosures must be iary ventilation, such as fans, blowers, drained or mopped up so that the ani- or air conditioning must be provided mals stay dry. Trash containers in when the ambient temperature is 85 °F housing facilities and in food storage (29.5 °C) or higher. The relative humid- and food preparation areas must be ity must be maintained at a level that leakproof and must have tightly fitted ensures the health and well-being of 39 §3.3 9 CFR Ch. I (1-1-99 Edition) the dogs or cats housed therein, in ac- (29.5°C) for more than 4 consecutive cordance with the directions of the at- hours when dogs or cats are present. tending veterinarian and generally ac- The preceding requirements are in ad- cepted professional and husbandry dition to, not in place of, all other re- practices. quirements pertaining to climatic con- (c) Lighting. Indoor housing facilities ditions in parts 2 and 3 of this chapter. for dogs and cats must be lighted well (b) Ventilation. The enclosed or shel- enough to permit routine inspection tered part of sheltered housing facili- and cleaning of the facility, and obser- ties for dogs and cats must be suffi- vation of the dogs and cats. Animal ciently ventilated when dogs or cats areas must be provided a regular diur- are present to provide for their health nal lighting cycle of either natural or and well-being, and to minimize odors, artificial light. Lighting must be uni- drafts, ammonia levels, and moisture formly diffused throughout animal fa- condensation. Ventilation must be pro- cilities and provide sufficient 11lumina- vided by windows, doors, vents, fans, or tion to aid in maintaining good house- air conditioning. Auxiliary ventilation, keeping practices, adequate cleaning, such as fans, blowers, or air-condi- adequate inspection of animals, and for tinning, must be provided when the the well-being of the animals. Primary ambient temperature is 85°F' (29.5°C) or enclosures must be placed so as to pro- hi her. tect the dogs and cats from excessive g light. (c) Lighting. Sheltered housing facili- (d) Interior surfaces. The floors and ties for dogs and cats must be lighted walls of indoor housing facilities, and well enough to permit routine inspec- any other surfaces in contact with the tion and cleaning of the facility, and animals, must be impervious to moss- observation of the dogs and cats. Ani- ture. The ceilings of indoor housing fa- mal areas must be provided a regular cilities must be impervious to moisture diurnal lighting cycle of either natural or be replaceable (e.g., a suspended or artificial light. Lighting must be ceiling with replaceable panels). uniformly diffused throughout animal facilities and provide sufficient illu- [56 FR 6486, Feb. 15, 1991, as amended at 63 urination to aid in maintaining good FR 10498,Mar.4,1998] housekeeping practices, adequate f 3.3 Sheltered housing facilities. cleaning, adequate inspection of ani- (a) Heating, cooling, and temperature. mals, and for the well-being of the ani- The sheltered part of sheltered housing mals. Primary enclosures must be facilities for dogs and cats must be suf- placed so as to protect the dogs and ficiently heated and cooled when nec- cats from excessive light. essary to protect the dogs and cats (d) Shelter from the elements. Dogs and from temperature or humidity ex- cats must be provided with adequate tremes and to provide for their health shelter from the elements at all times and well-being. The ambient tempera- to protect their health and well-being. ture in the sheltered part of the facil- The shelter structures must be large ity must not fall below 50°F (10 °C) for enough to allow each animal to sit, dogs and cats not acclimated to lower stand, and lie in a normal manner and temperatures, for those breeds that to turn about freely. cannot tolerate lower temperatures (e)Surfaces. (1)The following areas in without stress and discomfort (such as sheltered housing facilities must be short-haired breeds), and for sick, aged, impervious to moisture: young, or infirm dogs or cats, except as (i) Indoor floor areas in contact with approved by the attending veterinar- the animals; ian. Dry bedding, solid resting boards, (ii) Outdoor floor areas in contact or other methods of conserving body with the animals, when the floor areas heat must be provided when tempera- are not exposed to the direct sun, or tures are below 50°F (10°C). The ambi- are made of a hard material such as ent temperature must not fall below wire, wood, metal, or concrete;and 45°F (7.2°C) for more than 4 consecu- (iii) All walls, boxes, houses, dens, tive hours when dogs or cats are and other surfaces in contact with the present, and must not rise above 85°F animals. 40 Animal and Plant Health Inspection Service, USDA §3.5 (2) Outside floor areas in contact bedding is required when the tempera- with the animals and exposed to the di- ture is 35°F (1.7°C) or lower. rect sun may consist of compacted (c) Construction. Building surfaces in earth, absorbent bedding, sand, gravel, contact with animals in outdoor hous- or grass. ing facilities must be impervious to [56 FR 6486, Feb. 15, 1991, as amended at 63 moisture. Metal barrels, cars, refrig- FR 10498,Mar.4,1998] erators or freezers, and the like must not be used as shelter structures. The ¢3.4 Outdoor housing facilities. floors of outdoor housing facilities may (a) Restrictions. (1) The following cat- be of compacted earth, absorbent bed- egories of dogs or cats must not be ding, sand, gravel, or grass, and must kept in outdoor facilities, unless that be replaced if there are any prevalent practice is specifically approved by the odors, diseases, insects, pests, or ver- attending veterinarian: min. All surfaces must be maintained (i) Dogs or cats that are not accli- on a regular basis. Surfaces of outdoor mated to the temperatures prevalent in housing facilities—including houses, the area or region where they are dens, etc.—that cannot be readily maintained; cleaned and sanitized, must be replaced (ii)Breeds of dogs or cats that cannot when worn or soiled. tolerate the prevalent temperatures of {3.5 Mobile or traveling housing facili- the area without stress or discomfort ties. (such as short-haired breeds in cold cli- mates); and (a) Heating, cooling, and temperature. (iii) Sick, infirm, aged or young dogs Mobile or traveling housing facilities or cats. for dogs and cats must be sufficiently (2) When their acclimation status is heated and cooled when necessary to unknown, dogs and cats must not be protect the dogs and cats from tem- kept in outdoor facilities when the am- perature or humidity extremes and to bient temperature is less than 50°F provide for their health and well-being. (10°C). The ambient temperature in the mo- b) Shelter from the elements. Outdoor bile or traveling housing facility must facilities for dogs or cats must include not fall below 50°F (10°C) for dogs and one or more shelter structures that are cats not acclimated to lower tempera- accessible to each animal in each out- tures, for those breeds that cannot tol- door facility, and that are large enough erate lower temperatures without to allow each animal in the shelter stress or discomfort (such as short- structure to sit, stand, and lie in a nor- haired breeds), and for sick, aged, mal manner, and to turn about freely. Young, or infirm dogs and cats. Dry In addition to the shelter structures, bedding, solid resting boards, or other one or more separate outside areas of methods of conserving body heat must shade must be provided, large enough be provided when temperatures are to contain all the animals at one time below 50°F (10°C). The ambient tem- and protect them from the direct rays perature must not fall below 45°F of the sun. Shelters in outdoor facili- (7.2°C) for more than 4 consecutive ties for dogs or cats must contain a hours when dogs or cats are present, roof, four sides, and a floor, and must: and must not exceed 85°F (29.5°C) for (1) Provide the dogs and cats with more than 4 consecutive hours when adequate protection and shelter from dogs or cats are present. The preceding the cold and heat; requirements are in addition to, not in (2) Provide the dogs and cats with place of, all other requirements per- protection from the direct rays of the taming to climatic conditions in parts sun and the direct effect of wind, rain, 2 and 3 of this chapter. or snow; (b) Ventilation. Mobile or traveling (3)Be provided with a wind break and housing facilities for dogs and cats rain break at the entrance; and must be sufficiently ventilated at all (4) Contain clean, dry, bedding mate- times when dogs or cats are present to rial if the ambient temperature is provide for the health and well-being of below 50°F (10°C). Additional clean, dry the animals, and to minimize odors, 41 §3.6 9 CFR Ch. I (1-1-99 Edition) drafts, ammonia levels, moisture con- (viii) Provide all the dogs and cats densation, and exhaust fumes. Ventila- with easy and convenient access to tion must be provided by means of win- clean food and water; dows, doors, vents, fans, or air condi- (ix) Enable all surfaces in contact tioning. Auxiliary ventilation, such as with the dogs and cats to be readily fans, blowers, or air conditioning, must cleaned and sanitized in accordance be provided when the ambient tempera- with §3.11(b) of this subpart, or be re- ture within the animal housing area is placeable when worn or soiled; 85°F (29.5°C)or higher. (x) Have floors that are constructed (c) Lighting. Mobile or traveling in a manner that protects the dogs' and housing facilities for dogs and cats cats' feet and legs from injury, and must be lighted well enough to permit that, if of mesh or slatted construe- proper cleaning and inspection of the tion, do not allow the dogs' and cats' facility, and observation of the dogs feet to pass through any openings in and cats. Animal areas must be pro- the floor; vided a regular diurnal lighting cycle (xi) Provide sufficient space to allow of either natural or artificial light. each dog and cat to turn about freely, Lighting must be uniformly diffused to stand, sit, and lie in a comfortable, throughout animal facilities and pro- normal position, and to walk in a nor- vide sufficient illumination to aid in mal manner; and maintaining good housekeeping prac- (xii) Primary enclosures constructed tices, adequate cleaning, adequate in- on or after February 20, 1998 and floors spection of animals, and for the well- replaced on or after that date, must being of the animals. comply with the requirements in this paragraph (a)(2). On or after January [32 FR 3273, Feb. 24, 1967, as amended at 63 21, 2000, all primary enclosures must be FR 10498,Mar.4, 19981 in compliance with the requirements in *3.6 Primary enclosures. this paragraph (a)(2). If the suspended floor of a primary enclosure is con- Primary enclosures for dogs and cats structed of metal strands, the strands must meet the following minimum re- must either be greater than i/a of an quirements: inch in diameter (9 gauge) or coated (a) General requirements. with a material such as plastic or fiber- (1) Primary enclosures must be de- glass. The suspended floor of any pri- signed and constructed of suitable ma- mary enclosure must be strong enough terials so that they are structurally so that the floor does not sag or bend sound. The primary enclosures must be between the structural supports. kept in good repair. (b) Additional requirements for cats. (2) Primary enclosures must be con- (1) Space. Each cat, including weaned structed and maintained so that they: kittens, that is housed in any primary (i)Have no sharp points or edges that enclosure must be provided minimum could injure the dogs and cats; vertical space and floor space as fol- lows:(ii) Protect the dogs and cats from (i) Prior to February 15, 1994 each cat injury; Contain the dogs and cats se- housed in any primary enclosure shall (iii) r_ oui be provided a minimum of 2 square feet of floor space; (iv) Keep other animals from enter- (ii) On and after February 15, 1994: ing the enclosure; (A) Each primary enclosure housing (v) Enable the dogs and cats to re- cats must be at least 24 in. high (60.96 main dry and clean: cm); (vi) Provide shelter and protection (B) Cats up to and including 8.8 lbs (4 from extreme temperatures and weath- kg) must be provided with at least 3.0 er conditions that may be uncomfort- ft2(0.28 m2); able or hazardous to all the dogs and (C) Cats over 8.8 lbs (4 kg) must be cats; provided with at least 4.0 ft2 (0.37 m2); (vii) Provide sufficient shade to shel- (iii) Each queen with nursing kittens ter all the dogs and cats housed in the must be provided with an additional primary enclosure at one time; amount of floor space, based on her 42 Animal and Plant Health Inspection Service, USDA §3.6 breed and behavioral characteristics, all requirements of§3.14 of this subpart and in accordance with generally ac- other than the marking requirements cepted husbandry practices. If the addi- in §3.14(a)(6) of this subpart. When the tional amount of floor space for each show or act is not traveling, the cats nursing kitten is equivalent to less must be placed in primary enclosures than 5 percent of the minimum require- that meet the minimum requirements ment for the queen, such housing must of this section. be approved by the attending veteri- (c) Additional requirements for dogs-- narian in the case of a research facil- (1) Space. (i) Each dog housed in a pri- ity, and, in the case of dealers and ex- mary enclosure (including weaned pup- hibitors, such housing must be ap- pies) must be provided a minimum proved by the Administrator; and amount of floor space, calculated as (iv) The minimum floor space re- follows: Find the mathematical square quired by this section is exclusive of of the sum of the length of the dog in any food or water pans. The litter pan inches (measured from the tip of its may be considered part of the floor nose to the base of its tail) plus 6 space if properly cleaned and sanitized. inches; then divide the product by 144. (2) Compatibility. All cats housed in The calculation is: (length of dog in the same primary enclosure must be inches + 6) x(length of dog in inches + compatible, as determined by observa- 6) = required floor space in square tion. Not more than 12 adult noncondi- inches. Required floor space in inches/ tioned cats may be housed in the same 144 = required floor space in square primary enclosure. Queens in heat may feet. not be housed in the same primary en- (ii) Each bitch with nursing puppies closure with sexually mature males, must be provided with an additional except for breeding. Except when main- amount of floor space, based on her tamed in breeding colonies, queens breed and behavioral characteristics, with litters may not be housed in the and in accordance with generally ac- same primary enclosure with other cepted husbandry practices as deter- adult cats, and kittens under 4 months mined by the attending veterinarian. If of age may not be housed in the same the additional amount of floor space primary enclosure with adult cats, for each nursing puppy is less than 5 other than the dam or foster dam. Cats percent of the minimum requirement with a vicious or aggressive disposition for the bitch, such housing must be ap- must be housed separately. proved by the attending veterinarian in (3) Litter. In all primary enclosures, a the case of a research facility, and, in receptacle containing sufficient clean the case of dealers and exhibitors, such litter must be provided to contain ex- housing must be approved by the Ad- creta and body wastes. ministrator. (4) Resting surfaces. Each primary en- (iii) The interior height of a primary closure housing cats must contain a enclosure must be at least 6 inches resting surface or surfaces that, in the higher than the head of the tallest dog aggregate, are large enough to hold all in the enclosure when it is in a normal the occupants of the primary enclosure standing position: Provided That, prior at the same time comfortably. The to February 15, 1994, each dog must be resting surfaces must be elevated, im- able to stand in a comfortable normal pervious to moisture, and be able to be position. easily cleaned and sanitized, or easily (2) Compatibility. All dogs housed in replaced when soiled or worn. Low rest- the same primary enclosure must be ing surfaces that do not allow the compatible, as determined by observa- space under them to be comfortably oc- tion. Not more than 12 adult noncondi- cupied by the animal will be counted as tioned dogs may be housed in the same part of the floor space. primary enclosure. Bitches in heat may (5) Cats in mobile or traveling shows or not be housed in the same primary en- acts. Cats that are part of a mobile or closure with sexually mature males, traveling show or act may be kept, except for breeding. Except when main- while the show or act is traveling from tamed in breeding colonies, bitches one temporary location to another, in with litters may not be housed in the transport containers that comply with same primary enclosure with other 43 §3.7 9 CFR Ch. I (1-1-99 Edition) adult dogs, and puppies under 4 months same primary enclosure with adult of age may not be housed in the same dogs or cats other than their dams or primary enclosure with adult dogs, foster dams, except when permanently other than the dam or foster dam. Dogs maintained in breeding colonies; with a vicious or aggressive disposition (d)Dogs or cats may not be housed in must be housed separately. the same primary enclosure with any (3) Dogs in mobile or traveling shows or other species of animals, unless they acts. Dogs that are part of a mobile or are compatible; and traveling show or act may be kept, (e) Dogs and cats that have or are while the show or act is traveling from suspected of having a contagious dis- one temporary location to another, in ease must be isolated from healthy ani- transport containers that comply with mals in the colony, as directed by the all requirements of§3.14 of this subpart attending veterinarian. When an entire other than the marking requirements group or room of dogs and cats is in §3.14(a)(6) of this subpart. When the known to have or believed to be ex- show or act is not traveling, the dogs posed to an infectious agent, the group must be placed in primary enclosures may be kept intact during the process that meet the minimum requirements of diagnosis, treatment, and control. of this section. (4) Prohibited means of primary enclo- *3.8 Exercise for dogs. sure. Permanent tethering of dogs is Dealers, exhibitors, and research fa- prohibited for use as primary enclo- cilities must develop, document, and sure. Temporary tethering of dogs is follow an appropriate plan to provide prohibited for use as primary enclosure dogs with the opportunity for exercise. unless approval is obtained from In addition, the plan must be approved APHIS. by the attending veterinarian. The (d) Innovative primary enclosures plan must include written standard not precisely meeting the floor area procedures to be followed in providing and height requirements provided in the opportunity for exercise. The plan paragraphs (b)(1) and (c)(1) of this sec- must be made available to APHIS upon tion, but that provide the dogs or cats request, and, in the case of research fa- with a sufficient volume of space and cilities, to officials of any pertinent the opportunity to express species-typ- funding Federal agency. The plan, at a ical behavior, may be used at research minimum, must comply with each of facilities when approved by the Com- the following: mittee, and by dealers and exhibitors (a) Dogs housed individually. Dogs when approved by the Administrator. over 12 weeks of age, except bitches (Approved by the Office of Management and with litters, housed, held, or main- Budget under control number 0579-0093) tained by any dealer, exhibitor, or re- [56 FR 6486, Feb. 15, 1991, as amended at 62 search facility, including Federal re- FR 43275, Aug. 13, 1997; 63 FR 3023, Jan. 21, search facilities, must be provided the 1998;63 FR 37482, July 13,1998] opportunity for exercise regularly if they are kept individually in cages, ANIMAL HEALTH AND HUSBANDRY pens, or runs that provide less than two STANDARDS times the required floor space for that §S.7 Compatible dog, as indicated by §3.6(c)(1) of this p grouping. subpart. Dogs and cats that are housed in the (b) Dogs housed in groups. Dogs over same primary enclosure must be com- 12 weeks of age housed, held, or main- patible, with the following restrictions: tamed in groups by any dealer, exhibi- (a) Females in heat (estrus) may not tor, or research facility, including Fed- be housed in the same primary enclo- eral research facilities, do not require sure with males, except for breeding additional opportunity for exercise reg- purposes; ularly if they are maintained in cages, (b) Any dog or cat exhibiting a vi- pens, or runs that provide in total at cious or overly aggressive disposition least 100 percent of the required space must be housed separately; for each dog if maintained separately. (c) Puppies or kittens 4 months of Such animals may be maintained in age or less may not be housed in the compatible groups, unless: 44 Animal and Plant Health Inspection Service, USDA §3.9 (1) Housing in compatible groups is meeting the requirements of this sec- not in accordance with a research pro- tion for those dogs. Such exemption posal and the proposal has been ap- must be documented by the attending proved by the research facility Com- veterinarian and, unless the basis for mittee; exemption is a permanent condition, (2) In the opinion of the attending must be reviewed at least every 30 days veterinarian, such housing would ad- by the attending veterinarian. versely affect the health or well-being (2) A research facility may be ex- of the dog(s); or empted from the requirements of this (3) Any dog exhibits aggressive or vi- section if the principal investigator de- cious behavior. termines for scientific reasons set forth (c) Methods and period of providing ex- in the research proposal that it is inap- ercise opportunity. (1) The frequency, propriate for certain dogs to exercise. method, and duration of the oppor- Such exemption must be documented tunity for exercise shall be determined in the Committee-approved proposal by the attending veterinarian and, at and must be reviewed at appropriate research facilities, in consultation with intervals as determined by the Com- and approval by the Committee. mittee,but not less than annually. (2) Dealers, exhibitors, and research (3) Records of any exemptions must facilities, in developing their plan, be maintained and made available to should consider providing positive USDA officials or any pertinent fund- physical contact with humans that en- ing Federal agency upon request. courages exercise through play or other similar activities. If a dog is (Approved by the Office of Management and housed, held, or maintained at a facil- Budget under control number 0579-0093) ity without sensory contact with an- 93.9 Feeding. other dog, it must be provided with positive physical contact with humans (a)Dogs and cats must be fed at least at least daily. once each day, except as otherwise (3) The opportunity for exercise may might be required to provide adequate be provided in a number of ways, such veterinary care. The food must be as: uncontaminated, wholesome, palat- (i) Group housing in cages, pens or able, and of sufficient quantity and nu- runs that provide at least 100 percent tritive value to maintain the normal of the required space for each dog if condition and weight of the animal. maintained separately under the mini- The diet must be appropriate for the mum floor space requirements of individual animal's age and condition. §3.6(c)(1)of this subpart; (b) Food receptacles must be used for (ii) Maintaining individually housed dogs and cats, must be readily acces- dogs in cages, pens, or runs that pro- sible to all dogs and cats, and must be vide at least twice the minimum floor located so as to minimize contamina- space required by §3.6(c)(1) of this sub- tion by excreta and pests, and be pro- part; tected from rain and snow. Feeding (iii) Providing access to a run or open pans must either be made of a durable area at the frequency and duration pre- material that can be easily cleaned and scribed by the attending veterinarian; sanitized or be disposable. If the food or receptacles are not disposable, they (iv) Other similar activities. must be kept clean and must be sani- (4) Forced exercise methods or de- tized in accordance with §3.11(b) of this vices such as swimming, treadmills, or subpart. Sanitization is achieved by carousel-type devices are unacceptable using one of the methods described in for meeting the exercise requirements §3.11(b)(3) of this subpart. If the food of this section. receptacles are disposable, they must (d)Exemptions. (1)If, in the opinion of be discarded after one use. Self-feeders the attending veterinarian, it is inap- may be used for the feeding of dry food. propriate for certain dogs to exercise If self-feeders are used, they must be because of their health, condition, or kept clean and must be sanitized in ac- well-being, the dealer, exhibitor, or re- cordance with §3.11(b) of this subpart. search facility may be exempted from Measures must be taken to ensure that 45 §3.10 9 CFR Ch. 1 (1-1-99 Edlflon) there is no molding, deterioration, and weeks using one of the methods pre- caking of feed. scribed in paragraph (b)(3) of this¢3.30 Watering. sec- tion, and more often if necessary to prevent an accumulation of dirt, de- If potable water is not continually bris, food waste, excreta, and other dis- available to the dogs and cats, it must ease hazards. be offered to the dogs and cats as often (3) Hard surfaces of primary enclo- as necessary to ensure their health and sures and food and water receptacles well-being, but not less than twice must be sanitized using one of the fol- daily for at least 1 hour each time, un- lowing methods: less restricted by the attending veteri- narian. Water receptacles must be kept (i)Live steam under pressure; clean and sanitized in accordance with (ii) Washing with hot water (at least §3.11(b) of this subpart, and before 180 °F (82.2 °C)) and soap or detergent, being used to water a different dog or as with a mechanical cage washer; or cat or social grouping of dogs or cats. (iii) Washing all soiled surfaces with appropriate detergent solutions and §3.11 Cleaning, sanitization, house- disinfectants, or by using a combina- keeping,and pest control. tion detergent/disinfectant product (a) Cleaning of primary enclosures. Ex- that accomplishes the same purpose, creta and food waste must be removed with a thorough cleaning of the sur- from primary enclosures daily, and faces to remove organic material, so as from under primary enclosures as often to remove all organic material and as necessary to prevent an excessive mineral buildup, and to provide saniti- accumulation of feces and food waste, zation followed by a clean water rinse. to prevent soiling of the dogs or cats (4) Pens, runs, and outdoor housing contained in the primary enclosures, areas using material that cannot be and to reduce disease hazards, insects, pests and odors. When steam or water sanitized in ar using the methods c provided is used to clean the primary enclosure, s gravel, sand,ph grass,(3) of this earth,section, such absorb- whether by hosing, flushing, or other en gravel, or dogs and cats must be re- eat bedding, must be sanitized by re- methods,moved, unless the enclosure is large moving the contaminated material as enough to ensure the animals would necessary to prevent odors, diseases, not be harmed, wetted, or distressed in pests, insects, and vermin infestation. the process. Standing water must be (c) Housekeeping for premises. Prem- removed from the primary enclosure ises where housing facilities are lo- and animals in other primary enclo- cated, including buildings and sur- sures must be protected from being rounding grounds, must be kept clean contaminated with water and other and in good repair to protect the ani- wastes during the cleaning. The pans mals from injury, to facilitate the hus- under primary enclosures with grill- bandry practices required in this sub- type floors and the ground areas under part, and to reduce or eliminate breed- raised runs with mesh or slatted floors ing and living areas for rodents and must be cleaned as often as necessary other pests and vermin. Premises must to prevent accumulation of feces and be kept free of accumulations of trash, food waste and to reduce disease haz- junk, waste products, and discarded ards pests, insects and odors. matter. Weeds, grasses, and bushes (b) Sanitization of primary enclosures must be controlled so as to facilitate and food and water receptacles. (1) Used cleaning of the con- primary enclosures and food and water tr premises and pest receptacles must be cleaned and sani- we 1, and to protect s. health and tized in accordance with this section well-being of the animals. before they can be used to house, feed, (d) Pest control. An effective program or water another dog or cat, or social for the control of insects, external grouping of dogs or cats. parasites affecting dogs and cats, and (2) Used primary enclosures and food birds and mammals that are pests, and water receptacles for dogs and cats must be established and maintained so must be sanitized at least once every 2 as to promote the health and well- 46 Animal and Plant Health Inspection Service, USDA §3.13 being of the animals and reduce con- (1) The consignor's name and address; tamination by pests in animal areas. (2)The tag number or tattoo assigned [56 FR 6486, Feb. 15, 1991, as amended at 63 to each dog or cat under §§2.38 and 2.50 FR 3023,Jan. 21.1998] of this chapter; §3.12 Employees. (3) The time and date the animal was last fed and watered and the specific Each person subject to the Animal instructions for the next feeding(s) and Welfare regulations (9 CFR parts 1, 2, watering(s)for a 24-hour period;and and 3) maintaining dogs and cats must (4) The consignor's signature and the have enough employees to carry out date and time the certification was the level of husbandry practices and signed. care required in this subpart. The em- (d) Carriers and intermediate han- ployees who provide for husbandry and dlers must not accept a dog or cat for care, or handle animals, must be super- transport in commerce in a primary vised by an individual who has the enclosure unless the primary enclosure knowledge, background, and experience meets the requirements of§3.14 of this in proper husbandry and care of dogs subpart. A carrier or intermediate han- and cats to supervise others. The em- dler must not accept a dog or cat for ployer must be certain that the super- trans ort if the visor and other employees can perform p primary enclosure is to these standards. obviously defective or damaged and cannot reasonably be expected to safe- TRANSPORTATION STANDARDS ly and comfortably contain the dog or cat without causing suffering or injury. §3.13 Consignments to carriers and in- (e) Carriers and intermediate han- termediate handlers. dlers must not accept a dog or cat for (a) Carriers and intermediate han- transport in commerce unless their dlers must not accept a dog or cat for animal holding area meets the mini- transport in commerce more than 4 mum temperature requirements pro- hours before the scheduled departure vided in §§3.18 and 3.19 of this subpart, time of the primary conveyance on or unless the consignor provides them which the animal is to be transported. with a certificate signed by a veteri- However, a carrier or intermediate narian and dated no more than 10 days handler may agree with anyone con- before delivery of the animal to the signing a dog or cat to extend this time carrier or intermediate handler for by up to 2 hours. transport in commerce, certifying that (b) Carriers and intermediate han- the animal is acclimated to tempera- dlers must not accept a dog or cat for tures lower than those required in transport in commerce unless they are §§3.18 and 3.19 of this subpart. Even if provided with the name, address, and the carrier or intermediate handler re- telephone number of the consignee. ceives this certification, the tempera- (c) Carriers and intermediate han- tures the dog or cat is exposed to while dlers must not accept a dog or cat for in a terminal facility must not be transport in commerce unless the con- lower than 45°F (2.2°C) for more than 4 signor certifies in writing to the car- consecutive hours when dogs or cats rier or intermediate handler that the are present, as set forth in §3.18, nor dog or cat was offered food and water lower than 45°F (2.2°C) for more than during the 4 hours before delivery to 45 minutes, as set forth in §3.19, when the carrier or intermediate handler. The certification must be securely at- moving dogs or cats to or from termi- tached to the outside of the primary nal facilities or primary conveyances. enclosure in a manner that makes it A copy of the certification must ac- easily noticed and read. Instructions company the dog or cat to its destine- for no food or water are not acceptable tion and must include the following in- unless directed by the attending veteri- formation: narian. Instructions must be in compli- (1)The consignor's name and address; ance with §3.16 of this subpart. The (2)The tag number or tattoo assigned certification must include the follow- to each dog or cat under §§2.38 and 2.50 ing information for each dog and cat: of this chapter; 47 §3.14 9 CFR Ch. I (1-1-99 Edition) (3) A statement by a veterinarian, handler for the cost of return transpor- dated no more than 10 days before de- tation and care. livery, that to the best of his or her (Approved by the office of Management and knowledge, each of the dogs or cats Budget under control number 0579-0093) contained in the primary enclosure is acclimated to air temperatures lower {3.14 Primary enclosures used to than 50°F (10°C); but not lower than a transport live dogs and cats. minimum temperature, specified on a Any person subject to the Animal certificate, that the attending veteri- Welfare regulations (9 CFR parts I, 2, narian has determined is based on gen- and 3)must not transport or deliver for erally accepted temperature standards transport in commerce a dog or cat un- for the age, condition, and breed of the less the following requirements are dog or cat; and met: (4) The signature of the veterinarian (a) Construction of primary enclosures. and the date the certification was The dog or cat must be contained in a signed. primary enclosure such as a compart- (f) When a primary enclosure con- ment, transport cage, carton, or crate. taming a dog or cat has arrived at the Primary enclosures used to transport dogs and cats must be constructed so animal holding area at a terminal fa- that: cility after transport, the carrier or in- termediate handler must attempt to (1) The containry theen o ande is strongse- notify the consignee upon arrival and enough to contain dogs cats with- at least once in every 6-hour period tand e comfortably rigors g and to stand the normal of transpor- thereafter. The time, date, and method tation; of all attempted notifications and the (2)The interior of the primary enclo- actual notification of the consignee, sure has no sharp points or edges and and the name of the person who noti- no protrusions that could injure the fies or attempts to notify the consignee animal contained in it; must be written either on the carrier's (3) The dog or cat is at all times se- or intermediate handler's copy of the curely contained within the enclosure shipping document or on the copy that and cannot put any part of its body accompanies the primary enclosure. If outside the enclosure in a way that the consignee cannot be notified within could result in injury to itself, to han- 24 hours after the dog or cat has ar- dlers, or to persons or animals nearby; rived at the terminal facility, the car- (4) The dog or cat can be easily and rier or intermediate handler must re- quickly removed from the enclosure in turn the animal to the consignor or to an emergency; whomever the consignor designates. If (5) Unless the enclosure is perma- the consignee is notified of the arrival nently affixed to the conveyance, ade- and does not accept delivery of the dog quate devices such as handles or or cat within 48 hours after arrival of handholds are provided on its exterior, the dog or cat, the carrier or inter- and enable the enclosure to be lifted mediate handler must return the ani- without tilting it, and ensure that any- mal to the consignor or to whomever one handling the enclosure will not come into physical contact with the the consignor designates. The carrier or intermediate handler must continue animal Ucnless inside; to provide proper care, feeding, and (6) Uaffix the the enclosure is e, s nently affixed to oand conveyance, it is housing to the dog or cat, and main- clearly marked on top and on one or taro the dog or cat in accordance with more sides with the words "Live Ani- generally accepted professional and male," in letters at least 1 inch (2.5 husbandry practices until the con- cm.) high, and with arrows or other signee accepts delivery of the dog or markings to indicate the correct up- cat or until it is returned to the con- right position of the primary enclo- signor or to whomever the consignor sure; designates. The carrier or intermediate (7) Any material, treatment, paint, handler must obligate the consignor to preservative, or other chemical used in reimburse the carrier or intermediate or on the enclosure is nontoxic to the 48 Animal and Plant Health Inspection Service, USDA §3.14 animal and not harmful to the health walls must be at least 8 percent of the or well-being of the animal; total surface area of the two walls, and (8) Proper ventilation is provided to the ventilation openings on the third the animal in accordance with para- wall of the primary enclosure must be graph(c)of this section; and at least 50 percent of the total surface (9) The primary enclosure has a solid, area of that wall, and the total com- leak-proof bottom or a removable, bined surface area of the ventilation leak-proof collection tray under a slat- openings must be at least 14 percent of ted or mesh floor that prevents seepage the total combined surface area of all of waste products, such as excreta and the walls of the primary enclosure; or body fluids, outside of the enclosure. If (iii) Ventilation openings located on a slatted or mesh floor is used in the all four walls of the primary enclosure enclosure, it must be designed and con- and the ventilation openings on each of structed so that the animal cannot put the four walls must be at least 8 per- any part of its body between the slats cent of the total surface area of each or through the holes in the mesh. Un- such wall, and the total combined sur- less the dogs and cats are on raised face area of the openings must be at slatted floors or raised floors made of least 14 percent of total combined sur- mesh, the primary enclosure must con- face area of all the walls of the primary taro enough previously unused litter to enclosure; and absorb and cover excreta. The litter (iv) At least one-third of the ventila- must be of a suitably absorbent mate- tion area must be located on the upper rial that is safe and nontoxic to the half of the primary enclosure. dogs and cats. (2) Unless the primary enclosure is (b) Cleaning of primary enclosures. A permanently affixed to the conveyance, primary enclosure used to hold or projecting rims or similar devices must transport dogs or cats in commerce be located on the exterior of each en- must be cleaned and sanitized before closure wall having a ventilation open- each use in accordance with the meth- ing, in order to prevent obstruction of ods provided in §3.11(b)(3) of this sub- the openings. The projecting rims or part. If the dogs or cats are in transit similar devices must be large enough for more than 24 hours, the enclosures to provide a minimum air circulation must be cleaned and any litter re- space of 0.75 in. (1.9 cm) between the placed, or other methods, such as mov- primary enclosure and anything the ing the animals to another enclosure, enclosure is placed against. must be utilized to prevent the soiling (3) If a primary enclosure is perma- of the dogs or cats by body wastes. If it nently affixed to the primary convey- becomes necessary to remove the dog ance so that there is only a front ven- or cat from the enclosure in order to tilation opening for the enclosure, the clean, or to move the dog or cat to an- primary enclosure must be affixed to other enclosure, this procedure must be the primary conveyance in such a way completed in a way that safeguards the that the front ventilation opening can- dog or cat from injury and prevents es- not be blocked, and the front ventila- cape. tion opening must open directly to an (c) Ventilation. (1) Unless the primary unobstructed aisle or passageway in- enclosure is permanently affixed to the side the conveyance. The ventilation conveyance, there must be: opening must be at least 90 percent of (i) Ventilation openings located on the total area of the front wall of the two opposing walls of the primary en- enclosure, and must be covered with closure and the openings must be at bars, wire mesh, or smooth expanded least 16 percent of the surface area of metal having air spaces. each such wall, and the total combined (d) Compatibility. (1) Live dogs or cats surface area of the ventilation open- transported in the same primary enclo- ings must be at least 14 percent of the sure must be of the same species and he total combined surface area of all the maintained in compatible groups, ex- walls of the primary enclosure; or cept that dogs and cats that are pri- (ii) Ventilation openings on three vate pets, are of comparable size, and walls of the primary enclosure, and the are compatible, may be transported in openings on each of the two opposing the same primary enclosure. 183-026 D-99--3 49 §3.15 9 CFR Ch. 1 (1-1-99 Edition) (2) Puppies or kittens 4 months of age (2) Weaned live puppies or kittens or less may not be transported in the less than 8 weeks of age and of corn- same primary enclosure with adult parable size, or puppies or kittens that dogs or cats other than their dams. are less than 8 weeks of age that are (3) Dogs or cats that are overly ag- littermates and are accompanied by gressive or exhibit a vicious disposition their dam, may be transported in the must be transported individually in a same primary enclosure when shipped primary enclosure. to research facilities, including Federal (4) Any female dog or cat in heat research facilities, and only if all other (estrus) may not be transported in the requirements in this section are met. same primary enclosure with any male (h) Accompanying documents and dog or cat. records. Shipping documents that must (e) Space and placement. (1) Primary accompany shipments of dogs and cats enclosures used to transport live dogs may be held by the operator of the pri- and cats must be large enough to en- mary conveyance, for surface transpor- sure that each animal contained in the tation only, or must be securely at- primary enclosure has enough space to tached in a readily accessible manner turn about normally while standing, to to the outside of any primary enclosure stand and sit erect, and to lie in a nat- that is part of the shipment, in a man- ural position. ner that allows them to be detached for (2) Primary enclosures used to trans- examination and securely reattached, port dogs and cats must be positioned such as in a pocket or sleeve. Instruc- in the primary conveyance so as to pro- tions for administration of drugs, vide protection from the elements. medication, and other special care (f) Transportation by afr. (1) No more must be attached to each primary en- than one live dog or cat, 6 months of closure in a manner that makes them age or older, may be transported in the easy to notice, to detach for examina- same primary enclosure when shipped tion, and to reattach securely. Food via air carrier. and water instructions must be at- (2) No more than one live puppy, B tached in accordance with§3.18(c). weeks to 6 months of age, and weighing (Approved by the Office of Management and over 20 lbe (9 kg), may be transported Budget under control number 0579-0093) in a primary enclosure when shipped [56 FR 6486, Feb. 15, 1991, as amended at 63 via air carrier. FR 3023,Jan.21,1998) (3) No more than two live puppies or kittens, 8 weeks to 6 months of age, {3.15 Primary conveyances (motor ve- that are of comparable size, and weigh- hick,rail,air,and marine). ing 20 lbs (9 kg) or less each, may be (a) The animal cargo space of pri- transported in the same primary enclo- mary conveyances used to transport sure when shipped via air carrier. dogs and cats must be designed, con- (4) Weaned live puppies or kittens strutted, and maintained in a manner less than 8 weeks of age and of com- that at all times protects the health parable size, or puppies or kittens that and well-being of the animals trans- are less than 8 weeks of age that are ported in them, ensures their safety littermates and are accompanied by and comfort, and prevents the entry of their dam, may be transported in the engine exhaust from the primary con- same primary enclosure when shipped veyance during transportation. to research facilities, including Federal (b)The animal cargo space must have research facilities. a supply of air that is sufficient for the (g) Transportation by surface vehicle or normal breathing of all the animals privately owned aircraft. (1) No more being transported in it. than four live dogs or cats, 8 weeks of (c) Each primary enclosure contain- age or older, that are of comparable ing dogs or cats must be positioned in size, may be transported in the same the animal cargo space in a manner primary enclosure when shipped by that provides protection from the ele- surface vehicle (including ground and ments and that allows each dog or cat water transportation) or privately enough air for normal breathing. owned aircraft, and only if all other re- (d) During air transportation, dogs quirements of this section are met. and cats must be held in cargo areas 50 Animal and Plant Health Inspection Service, USDA §3.17 that are heated or cooled as necessary tation was begun. These time periods to maintain an ambient temperature apply to carriers and intermediate han- and humidity that ensures the health dlers starting from the date and time and well-being of the dogs or cats. The stated on the certificate provided cargo areas must be pressurized when under§3.13(c) of this subpart. Each dog the primary conveyance used for air and cat must be offered food and pota- transportation is not on the ground, ble water within 4 hours before being unless flying under 8,000 ft. Dogs and transported in commerce. Consignors cats must have adequate air for breath- who are subject to the Animal Welfare ing at all times when being trans- regulations (9 CFR parts 1, 2, and 3) ported. must certify that each dog and cat was (e) During surface transportation, offered food and potable water within auxiliary ventilation, such as fans, the 4 hours preceding delivery of the blowers or air conditioning, must be dog or cat to a carrier or intermediate used in any animal cargo space con- handler for transportation in com- ta]ning live dogs or cats when the am- merce, and must certify the date and bient temperature within the animal time the food and potable water was of- cargo space reaches 85 °F (29.5 °C). fered, in accordance with §3.13(c) of Moreover, the ambient temperature this subpart. may not exceed 85 °F (29.5 °C) for a pe- (b) Any dealer, research facility, in- riod of more than 4 hours; nor fall eluding a Federal research facility, or below 45°F (7.2 °C) for a period of more exhibitor offering any dog or cat to a than 4 hours. The preceding require- carrier or intermediate handler for ments are in addition to, not in place transportation in commerce must se- of, all other requirements pertaining to curely attach to the outside of the pri- climatic conditions in parts 2 and 3 of mary enclosure used for transporting this chapter. the dog or cat, written instructions for (1) Primary enclosures must be posi- the in-transit food and water require- tioned in the primary conveyance in a ments for a 24-hour period for the dogs manner that allows the dogs and cats and cats contained in the enclosure. to be quickly and easily removed from The instructions must be attached in a the primary conveyance in an emer- manner that makes them easily no- gency. ticed and read. (g) The interior of the animal cargo (c) Food and water receptacles must space must be kept clean. be securely attached inside the pri- (h) Live dogs and cats may not be mary enclosure and placed so that the transported with any material, sub- receptacles can be filled from outside stance (e.g., dry ice) or device in a the enclosure without opening the manner that may reasonably be ex- door. Food and water containers must pected to harm the dogs and cats or be designed, constructed, and installed cause inhumane conditions. so that a dog or cat cannot leave the [56 FR 6486, Feb. 15, 1991, as amended at 63 primary enclosure through the food or FR 10498, 10499,Mar.4,1998] water opening. (Approved by the Office of Management and *3.16 Food and water requirements. Budget under control number 0579-0093) (a) Each dog and cat that is 16 weeks of age or more must be offered food at 43.17 Care in transit. least once every 24 hours. Puppies and (a) Surface transportation (ground and kittens less than 16 weeks of age must water). Any person subject to the Ani- be offered food at least once every 12 mal Welfare regulations transporting hours. Each dog and cat must be of- dogs or cats in commerce must ensure fered potable water at least once every that the operator of the conveyance, or 12 hours. These time periods apply to a person accompanying the operator, dealers, exhibitors, research facilities. observes the dogs or cats as often as including Federal research facilities, circumstances allow, but not less than who transport dogs and cats in their once every 4 hours, to make sure they own primary conveyance, starting from have sufficient air for normal breath- the time the dog or cat was last offered ing, that the ambient temperature is food and potable water before transpor- within the limits provided in §3.15(e), 51 §3.18 9 CFR Ch. I (1-1-99 Edition) and that all applicable standards of shipments of dogs or cats with inani- this subpart are being complied with. mate cargo in animal holding areas of The regulated person must ensure that terminal facilities. the operator or person accompanying (b) Cleaning,sanitization, and pest con- the operator determines whether any trol. All animal holding areas of termi- of the dogs or cats are in obvious phys- nal facilities must be cleaned and sani- ical distress and obtains any veteri- tized in a manner prescribed in nary care needed for the dogs or cats at §3.11(b)(3) of this subpart, as often as the closest available veterinary facil- necessary to prevent an accumulation ity. of debris or excreta and to minimize (b) Air transportation. During air vermin infestation and disease hazards. transportation of dogs or cats, it is the Terminal facilities must follow an ef- responsibility of the carrier to observe fective program in all animal holding the dogs or cats as frequently as cir- areas for the control of insects, cumstances allow, but not less than ectoparasites, and birds and mammals once every 4 hours if the animal cargo that are pests to dogs and cats. area is accessible during flight. If the (c) Ventilation. Ventilation must be animal cargo area is not accessible during flight, the carrier must observe terminal in any a col holding dogsrea or n the dogs or cats whenever they are a , by facility containing s, cats, means of windows, doors, loaded and unloaded and whenever the vents, or air conditioning. The air animal cargo space is otherwise acces- must be circulated by fans, blowers, or sible to make sure they have sufficient air conditioning so as to minimize air for normal breathing, that the ani- drafts, odors, and moisture condensa- mal cargo area meets the heating and tion. Auxiliary ventilation, such as ex- cooling requirements of §3.15(d), and haust fans, vents, fans, blowers, or air that all other applicable standards of conditioning must be used in any ani- this subpart are being complied with. mal holding area containing dogs and The carrier must determine whether cats, when the ambient temperature is any of the dogs or cats are in obvious 85°F(29.5°C)or higher physical distress, and arrange for any needed veterinary care as soon as pos- (d) Temperature. The ambient tem- sible. perature in an animal holding area (c) If a dog or cat is obviously ill, in- containing dogs or cats must not fall jured, or in physical distress, it must below 45 °F (7.2 °C) or rise above 85 °F not be transported in commerce, except (29.5°C)for more than four consecutive to receive veterinary care for the con- hours at any time dogs or cats are dition. present. The ambient temperature (d) Except during the cleaning of pri- must be measured in the animal hold- mary enclosures, as required in §3.14(b) ing area by the carrier, intermediate of this subpart, during transportation handler, or a person transporting dogs in commerce a dog or cat must not be or cats who is subject to the Animal removed from its primary enclosure, Welfare regulations (9 CFR parts 1, 2, unless it is placed in another primary and 3), outside any primary enclosure enclosure or facility that meets the re- containing a dog or cat at a point not quirements of §3.6 or §3.14 of this sub- more than 3 feet (0.91 m) away from an part. outside wall of the primary enclosure, (e) The transportation regulations and approximately midway up the side contained in this subpart must be com- of the enclosure. The preceding re- plied with until a consignee takes quirements are in addition to, not in physical delivery of the dog or cat if place of, all other requirements per- the animal is consigned for transpor- taming to climatic conditions in parts tation, or until the animal is returned 2 and 3 of this chapter. to the consignor. (e) Shelter. Any person subject to the Animal Welfare regulations (9 CFR §3.18 Terminal facilities. parts 1, 2, and 3) holding a live dog or (a) Placement. Any person subject to cat in an animal holding area of a ter- the Animal Welfare regulations (9 CFR minal facility must provide the follow- parts I, 2, and 3) must not commingle ing: 52 Animal and Plant Health Inspection Service, USDA §3.25 (1) Shelter from sunlight and extreme period of more than 45 minutes, unless heat. Shade must be provided that is they are accompanied by a certificate sufficient to protect the dog or cat of acclimation to lower temperatures from the direct rays of the sun. as provided in §3.13(e). The tempera- (2) Shelter from rain or snow. Suffi- ture must be measured in the manner dent protection must be provided to provided in§3.18(d) of this subpart. The allow the dogs and cats to remain dry preceding requirements are in addition during rain, snow, and other precipita- to, not in place of, all other require- Mon. ments pertaining to climatic condi- (1) Duration. The length of time any tions in parts 2 and 3 of this chapter. person subject to the Animal Welfare (b) Any person handling a primary regulations(9 CFR parts 1, 2, and 3)can enclosure containing a dog or cat must hold dogs and cats in animal holding use care and must avoid causing phys- areas of terminal facilities upon arriv- ical harm or distress to the dog or cat. al is the same as that provided in (1) A primary enclosure containing a §3.13(f) of this subpart. live dog or cat must not be placed on [56 FR 6486, Feb. 15, 1991, as amended at 63 unattended conveyor belts, or on ele- FR 10499,Mar.4,1998] vated conveyor belts, such as baggage claim conveyor belts and inclined con- *3.19 Handling. veyor ramps that lead to baggage claim (a) Any person subject to the Animal areas, at any time; except that a pri- Welfare regulations (9 CFR parts 1, 2, mary enclosure may be placed on in- and 3) who moves (including loading dined conveyor ramps used to load and and unloading) dogs or cats within, to, unload aircraft If an attendant is or from the animal holding area of a present at each end of the conveyor terminal facility or a primary convey- belt. ance must do so as quickly and effi- (2) A primary enclosure containing a ciently as possible and must provide dog or cat must not be tossed, dropped, the following during movement of the or needlessly tilted, and must not be dog or cat: stacked in a manner that may reason- (1) Shelter from sunlight and extreme ably be expected to result in its falling. heat. Sufficient shade must be provided It must be handled and positioned in to protect the dog or cat from the di- the manner that written instructions rect rays of the sun. The dog or cat and arrows on the outside of the pri- must not be exposed to an ambient air mary enclosure indicate. temperature above 85 °F (29.5 °C) for a (c) This section applies to movement period of more than 45 minutes while of a dog or cat from primary convey- being moved to or from a primary con- ance to primary conveyance, within a veyance or a terminal facility. The primary conveyance or terminal facil- temperature must be measured in the ity, and to or from a terminal facility manner provided in§3.18(d) of this sub- or a primary conveyance. part. The preceding requirements are (Approved by the Office of Management and in addition to, not in place of, all other Budget under control number 0579-0093) requirements pertaining to climatic conditions in parts 2 and 3 of this chap- [56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10499,Mar.4, 1998] ter. (2) Shelter from rain and snow. Suffi- cient protection must be provided to Subpart B—Specifications for the allow the dogs and cats to remain dry Humane Handling, Care, during rain, snow, and other precipita- Treatment, and Transportation tion. of Guinea Pigs and Hamsters (3) Shelter from cold temperatures. Transporting devices on which live FACILITIES AND OPERATING STANDARDS dogs or cats are placed to move them must be covered to protect the animals *3.25 Facilities,general. when the outdoor temperature falls (a) Structural strength. Indoor and below 50 °F (10 °C). The dogs or cats outdoor housing facilities for guinea must not be exposed to an ambient pigs or hamsters shall be structurally temperature below 45 °F (7.2 °C) for a sound and shall be maintained in good 53 §3.26 9 CFR Ch. I (1-1-99 Edition) repair, to protect the animals from in- provide uniformly distributed illu- jury, to contain the animals, and to re- mination of sufficient light intensity strict the entrance of other animals. to permit routine inspection and clean- (b) Water and electric power. Reliable ing during the entire working period. and adequate electric power, if re- Primary enclosures shall be so placed quired to comply with other provisions as to protect the guinea pigs or ham- of this subpart, and adequate potable sters from excessive illumination. water shall be available. (d) Interior surfaces. The interior (c) Storage. Supplies of food and bed- building surfaces of indoor housing fa- ding shall be stored in facilities which cilities shall be constructed and main- adequately protect such supplies tained so that they are substantially against spoilage or deterioration and impervious to moisture and may be infestation or contamination by ver- readily sanitized. min. Food supplies shall be stored in containers with tightly fitting lids or §3.27 Facilities,outdoor. covers or in the original containers as received from the commercial sources (a) Hamsters shall not be housed in of supply. Refrigeration shall be pro- outdoor facilities. vided for supplies of perishable food. (b)Guinea pigs shall not be housed in (d) Waste disposal. Provisions shall be outdoor facilities unless such facilities made for the removal and disposal of are located in an appropriate climate animal and food wastes, bedding, dead and prior approval for such outdoor animals, and debris. Disposal facilities housing is obtained from the Deputy shall be so provided and operated as to Administrator. minimize vermin infestation, odors, and disease hazards. §3.28 Primary enclosures. (e) Washroom and sinks. Facilities, All primary enclosures for guinea such as washrooms, basins, or sinks, pigs and hamsters shall conform to the shall be provided to maintain cleanli- following requirements: ness among animal caretakers. (a) General. (1) Primary enclosures [32 FR 3273, Feb. 24, 1967, as amended at 44 shall be structurally sound and main- FR 63492,Nov.2,19791 tamed in good repair to protect the guinea pigs and hamsters from injury. §3.26 Facilities,indoor. Such enclosures, including their racks, (a) Heating. Indoor housing facilities shelving and other accessories, shall be for guinea pigs or hamsters shall be constructed of smooth material sub- sufficiently heated when necessary to stantially impervious to liquids and protect the animals from the cold, and moisture. to provide for their health and comfort. (2) Primary enclosures shall be con- The ambient temperature shall not be structed and maintained so that the allowed to fall below 60° F. nor to ex- guinea pigs or hamsters contained ceed 85°F. therein have convenient access to clean (b) Ventilation. Indoor housing radii- food and water as required in this sub- ties for guinea pigs or hamsters shall Part. be adequately ventilated to provide for (3) Primary enclosures having a solid the health and comfort of the animals floor shall be provided with clean bed- at all times. Such facilities shall be ding material. provided with fresh air either by means (4) Primary enclosures equipped with of windows, doors, vents, or air condi- mesh or wire floors shall be so con- tioning, and shall be ventilated so as to structed as to allow feces to pass minimize drafts, odors, and moisture through the spaces of the mesh or wire: condensation. The ambient tempera- Provided, however, That such floors ture shall not be allowed to rise above shall be constructed so as to protect 85°F. the animals' feet and legs from injury. (c) Lighting. Indoor housing facilities (b) Space requirements for primary en- for guinea pigs or hamsters shall have closures acquired before August 15, 1990.— ample light, by natural or artificial (1) Guinea pigs and hamsters. Primary means, or both, of good quality and enclosures shall be constructed and well distributed. Such lighting shall maintained so as to provide sufficient 54 Animal and Plant Health Inspection Service, USDA §3.28 space for each animal contained there- 1990—(1) Guinea pigs. (i) Primary enclo- in to make normal postural adjust- sures shall be constructed and main- ments with adequate freedom of move- tained so as to provide sufficient space ment. for each guinea pig contained therein (2)Guinea pigs. In addition to the pro- to make normal postural adjustments visions of paragraph (b)(1) of this sec- with adequte freedom of movement. Lion, the following space requirements (ii) The interior height of any pri- are applicable to primary enclosures mary enclosure used to confine guinea for guinea pigs: pigs shall be at least '7 inches (17.78 (1)The interior height of any primary cm). enclosure used to confine guinea pigs (111) Each guinea pig shall be pro- shall be at least 61 inches. vided a minimum amount of floor (ii) Each guinea pig housed in a pri- space in any primary enclosure as fol- mary enclosure shall be provided a lows: minimum amount of floor space in ac- Minimum -- cordance with the following table: floors ace Weight or stage of maturity p _ Minimum in2 cm2 space per Weight or stage of maturity guinea pig Weaning to 350 grams 60 387 12 (square >350 grams 101 651.65 inches) Nursing females with their litters 101 651.65 Weaning to 350 grams 60 350 grams or more 90 (2) Hamsters. (i) Primary enclosures Breeders 180 shall be constructed and maintained so as to provide sufficient space for each (3) Hamsters. In addition to the provi- hamster contained therein to make sions of paragraph(b)(1) of this section, normal postural adjustments with ade- the following space requirements are quate freedom of movement. applicable to primary enclosures for (11) The interior height of any pri- hamsters: mary enclosure used to confine ham- (I)The interior height of any primary eters shall be at least 6 inches (15.24 enclosure used to confine hamsters cm). shall be at least 51/2 inches, except that (iii) Except as provided in paragraph in the case of dwarf hamsters, such in- (c)(2)(iv) of this section, each hamster tenor height shall be at least 5 inches. shall be provided a minimum amount (11) A nursing female hamster, to- of floor space in any primary enclosure gether with her litter, shall be housed as follows: in a primary enclosure which contains no other hamsters and which provides Weight Minimum floor at least 121 square inches of floor space par r ham- space: Provided, however, That in the 9 OZe i°= case of dwarf hamsters such floor space cm, shall be at least 25 square inches. <60 <2.1 10 64.52 (111) The minimum amount of floor 6o to 810 2.1-2.8 13 63.66 space per individual hamster and the eo to 0o > s 16 103.23 >100 >3.5 53 19 122.59 maximum number of hamsters allowed in a single primary enclosure, except as (iv) A nursing female hamster, to- provided for nursing females in para- gether with her litter, shall be housed graph (b)(3)(ii) of this section, shall be in a primary enclosure that contains in accordance with the following table: no other hamsters and that provides at Minimum space least 121 square inches of floor space: hamster(square per Maximum Provided, however, That in the case of Age inches) population per endo- nursing female dwarf hamsters such Dwarf Other SUMfloor space shall be at least 25 square inches. Weaning to 5 wke 5.0 10.0 20 . (3) Innovative primary enclosures s to to wks 7.5 12.5 16 to wks.or more 9 15.0 13 that do not precisely meet the space requirements of paragraph (c)(1) or (c) Space requirements for primary en- (c)(2) of this section, but that do pro- closures acquired on or after August 15, vide guinea pigs or hamsters with a 55 §3.29 9 CFR Ch. I (1-1-99 Edition) sufficient volume of space and the op- *3.30 Watering. portunity to express species-typical be- Unless food supplements consumed havior, may be used at research facili- by guinea ties when approved by the Institutional pigs or hamsters supply Care and Use Committee, and them with their normal water require- Animal me potable water shall be provided by dealers and exhibitors when ap- daily except as might otherwise be re- proved by the Administrator. quired to provide adequate veterinary [32 FR 3273, Feb. 24, 1967, as amended at 55 care. Open containers used for dispens- FR 28882,July 16,1990) ing water to guinea pigs or hamsters shall be so placed in or attached to the ANIMAL HEALTH AND HUSBANDRY primary enclosure as to minimize con- STANDARDS tamination from excreta. All watering receptacles shall be sanitized when *3.29 Feeding. dirty: Provided, however, That such re- (a) Guinea pigs and hamsters shall be ceptacles shall be sanitized at least fed each day except as otherwise might once every 2 weeks. be required to provide adequate veteri- {3.31 Sanitation. nary care. The food shall be free from contamination, wholesome, palatable (a) Cleaning and sanitation of primary and of sufficient quantity and nutritive enclosures. (1) Primary enclosures shall value to meet the normal daily re- be cleaned and sanitized often enough quirements for the condition and size to prevent an accumulation of excreta of the guinea pig or hamster. or debris: Provided, however, That such (b) Food comprising the basic diet enclosures shall be sanitized at least shall be at least equivalent in quality once every 2 weeks in the manner pro- and content to pelleted rations pro- vided in paragraph (a)(4) of this sec- duced commercially and commonly tion. available from feed suppliers. (2) In the event a primary enclosure (c) becomes soiled or wet to a degree that The basic diet of guinea pigs and might be harmful or uncomfortable to hamsters may be supplemented with the animals therein due to leakage of good quality fruits or vegetables con- the watering system, discharges from sistent with their individual dietary re- dead or dying animals, spoiled perish- quirements. able foods, or moisture condensation, (d) Food receptacles, if used, shall be the guinea pigs or hamsters shall be accessible to all guinea pigs or ham- transferred to clean primary enclo- sters in a primary enclosure and shall sures. be located so as to minimize contami- (3) Prior to the introduction of guin- nation by excreta. All food receptacles ea pigs or hamsters into empty pri- shall be kept clean and shall be sani- mary enclosures previously occupied, tized at least once every 2 weeks. If such enclosures shall be sanitized in self-feeders are used for the feeding of the manner provided in paragraph pelleted feed, measures must be taken (a)(4)of this section. to prevent molding, deterioration or (4) Primary enclosures for guinea caking of the feed. Hamsters may be pigs or hamsters shall be sanitized by fed pelleted feed on the floor of a pri- washing them with hot water (180° F.) mary enclosure. and soap or detergent as in a mechani- (e) Fruit or vegetable food supple- cal cage washer, or by washing all ments may be placed upon the bedding soiled surfaces with a detergent solu- within the primary enclosure: Provided, tion followed by a safe and effective however, That the uneaten portion of disinfectant, or by cleaning all soiled such supplements and any bedding surfaces with live steam. soiled as a result of such feeding prac- (b) Housekeeping. Premises (buildings tices shall be removed from the pri- and grounds) shall be kept clean and in mary enclosure when such uneaten good repair in order to protect the ani- supplements accumulate or such bed- mals from injury and to facilitate the ding becomes soiled to a degree that prescribed husbandry practices set might be harmful or uncomfortable to forth in this subpart. Premises shall re- animals therein. main free of accumulations of trash. 56 Animal and Plant Health Inspection Service, USDA §3.35 (c) Pest control. An effective program the scheduled departure of the primary for the control of insects, conveyance on which it is to be trans- ectoparasites, and avian and mamma- ported: Provided, however, That the car- lian pests shall be established and rier or intermediate handler and any maintained. dealer, research facility, exhibitor,§3.32 Employees. op- erator of an auction sale, or other per- son, or any department, agency, or in- A sufficient number of employees strumentality of the United States or shall be utilized to maintain the pre- any State or local government may scribed level of husbandry practices set mutually agree to extend the time of forth in this subpart. Such practices acceptance to not more than 6 hours if shall be under the supervision of an specific prior scheduling of the animal animal caretaker who has a back- shipment to destination has been ground in animal husbandry or care. made. (b) Any carrier or intermediate han- §3.33 Classification and separation. dler shall only accept for transpor- Animals housed in the same primary tation or transport, in commerce any enclosure shall be maintained in com- live guinea pig or hamster in a primary patible groups, with the following addi- enclosure which conforms to the re- tional restrictions: quirements set forth in §3.36 of the (a) Except where harem breeding is standards: Provided, however, That any practiced, preweanling guinea pigs carrier or intermediate handler may shall not be housed in the same pri- accept for transportation or transport, mary enclosure with adults other than in commerce, any live guinea pig or their parents. hamster consigned by any department, (b) Guinea pigs shall not be housed in agency, or instrumentality of the the same primary enclosure with ham- United States having laboratory ani- sters, nor shall guinea pigs or hamsters mal facilities or exhibiting animals, or be housed in the same primary enclo- any licensed or registered dealer, re- sure with any other species of animals. search facility, exhibitor, or operator (c) Guinea pigs or hamsters under of an auction sale, if such consignor quarantine or treatment for a commu- furnishes to the carrier or intermediate nicable disease shall be separated from handler a certificate, signed by the other guinea pigs or hamsters and consignor, stating that the primary en- other susceptible species of animals in closure complies with §3.36 of the such a manner as to minimize dissemi- standards, unless such primary enclo- nation of such disease. sure is obviously defective or damaged and it is apparent that it cannot rea- 03.34 (Reserved] sonably be expected to contain the live TRANSPORTATION STANDARDS guinea pig or hamster without causing suffering or injury to such live guinea pig or hamster. A copy of such certifi- AUT IT neRY: Sections 3.35 through 3.41 issued under secs. 3, 5, 6, 10, 11, 14, 16, 17, 21; cote shall accompany the shipment to 80 Stat. 353; 84 Stat. 1561, 1562, 1563, 1564; 90 destination. The certificate of compli- Stat. 418, 419. 420, 423; (7 U.S.C. 2133, 2135, ance shall include at least the follow- 2136, 2140, 2191, 2194, 2146, 2147, 2151); 37 FR ing information: 28464,28477,38 FR 19141. (1) Name and address of the con- signor; *3.35 Consignments to carriers and in- (2) The number of guinea pigs or termediate handlers. hamsters in the primary enclosure(s); (a) Carriers and intermediate han- (3) A certifying statement (e.g., "I dlers shall not accept any live guinea hereby certify that the (number) pig or hamster presented by any dealer, primary enclosure(s) which are used to research facility, exhibitor, operator of transport the animal(s) in this ship- an auction sale, or other person, or any ment complies (comply) with USDA department, agency, or instrumental- standards for primary enclosures (9 ity of the United States or any State CFR part 3)."); and or local govenment for shipment, in (4) The signature of the consignor, commerce, more than 4 hours prior to and date. 57 §3.36 9 CFR Ch. I (1-1-99 EdMon) (c) Carriers or intermediate handlers 03.36 Primary enclosures used to whose facilities fail to meet the mini- transport live guinea pigs and ham- mum temperature allowed by the stem. standards may accept for transpor- No person subject to the Animal Wel- tatlon or transport, in commerce, any fare regulations shall offer for trans- live hamster consigned by any depart- portation, or transport, in commerce ment, agency, or instrumentality of any live guinea pig or hamster in a pri- the United States or of any State or mary enclosure that does not conform local government, or by any person (in- to the following requirements: eluding any licensee or registrant (a) Primary enclosures, such as coin- under the Act, as well as any private partments, transport cages, cartons, or individual) if the consignor furnishes crates, used to transport live guinea to the carrier or intermediate handler pigs or hamsters shall be constructed a certificate executed by a veterinarian in such a manner that (1) the struc- accredited by this Department pursu- tural strength of the enclosure shall be ant to part 160 of this title on a sped- sufficient to contain the live guinea fled date which shall not be more than pigs or hamsters and to withstand the 10 days prior to delivery of such ham- normal rigors of transportation; (2) the interior of the enclosure shall be free ster for transportation in commerce, in- stating that such live hamster is aeon- juriofrom any protrusions that could be ham- mated to air temperatures lower than stern c o the live guinea pigs theo those prescribed in §§3.40 and 3.41. A suers contained therein;e (3)r innr card- copy of such certificate shall accom- surfaces oro plastic tfainersash, e pany the shipment to destination. The board, plam n containers e sh covered or laminated with wire mesh certificate shall include the following or screen where necessary to prevent information: escape of the animals; (4) the openings (1) Name and address of the con- of such enclosures are easily accessible signor; at all times for emergency removal of (2) The number of hamsters in the the live guinea pigs or hamsters; (5) ex- shipment; cept as provided in paragraph (i) of this (3) A certifying statement (e.g., "I section, there are ventilation openings hereby certify that the animal(s) in located on two opposite walls of the this shipment is (are), to the best of primary enclosure and the ventilation my knowledge, acclimated to air tem- openings on each such wall shall be at peratures lower than 7.2° C. (45° F.)."); least 16 percent of the total surface and area of each such wall, or there are (4) The signature of the USDA ac- ventilation openings located on all four credited veterinarian, assigned accredi- walls of the primary enclosure and the. tation number, and date. ventilation openings on each such wall (d) Carriers and intermediate han- shall be at least 8 percent of the total dlers shall attempt to notify the con- surface area of each such wall: Pro- signee at least once in every 6 hour pe- vided, however, That at least one-third riod following the arrival of any live of the total minimum area required for guinea pig or hamster at the animal ventilation of the primary enclosure holding area of the terminal cargo fa- shall be located on the lower one-half cility. The time, date, and method of of the primary enclosure and at least each attempted notification and the one-third of the total minimum area final notification to the consignee and required for ventilation of the primary enclosure shall be located on the upper the name of the person notifying the consignee shall be recorded on the copy one-half of the primary enclosure; (6) of the shipping document retained by except as provided in paragraph (1) of this section, projecting rims or other the carrier or intermediate handler and on a copy of the shipping document ac- devices shall be withn the any ventilation laof the n companying the animal shipment. outside walls tentilatthn openings to prevent obstruction of the [42 FR 31563, June 21, 1977, as amended at 43 ventilation openings and to provide a FR 22163, May 16, 1978; 44 FR 63492, Nov. 2, minimum air circulation space of 1.9 1979] centimeters (.75 inches) between the 58 Animal and Plant Health Inspection Service, USDA §3.36 primary enclosure and any adjacent live guinea pigs weighing up to 500 cargo or conveyance wall; and (7) ex- grams shall be at least 15.2 centimeters cept as provided in paragraph(i) of this (6 inches) and the interior height of section, adequate handholds or other primary enclosures used to transport devices for lifting shall be provided on live guinea pigs weighing over 500 the exterior of the primary enclosure grams shall be at least 17.8 centimeters to enable the primary enclosure to be (7 inches). lifted without tilting and to ensure (ii) Each live guinea pig transported that the person handling the primary in a primary enclosure shall be pro- enclosure will not be in contact with vided a minimum amount of floor the guinea pigs or hamsters, space in accordance with the following (b) Live guinea pigs or hamsters table: tranported in the same primary enclo- sure shall be of the same species and MINIMUM SPACE PER LIVE GUINEA PIG maintained in compatible groups. (c) Primary enclosures used to trans- square square centi- meters live guinea pigs or hamsters shall Weight(grams) meters inches be large enough to ensure that each ---- animal contained therein has sufficient Up to 350 193.6 30 space to turn about freely and to make 350 to 600 290.3 45 normal postural adjustments. Over 600 354.8 55 (d) Not more than 15 live guinea pigs shall be transported in the same pri- (2)Hamsters. (i)The interior height of mary enclosure. No more than 50 live primary enclosures used to transport hamsters shall be transported in the live hamsters shall be at least 15.2 cen- same primary enclosure. tlmeters (6 inches) except that in the (e)In addition to the other provisions case of dwarf hamsters such interior of this section, the following require- height shall be at least 12.7 centimeters ments shall also apply to primary en- (5 inches). closures used to transport live guinea (ii) Each live hamster transported in pigs or hamsters: a primary enclosure shall be provided a (1) Guinea pigs. (1) The interior height minimum amount of floor space in ac- of primary enclosures used to tranport cordance with the following table: MINIMUM SPACE PER LIVE HAMSTER Dwarf Other Age Square Square Square square cent l- inches cent inches meters meters Weaning to 5 wks . 32.2 5.0 452 l 5 to10wks 46.3 7.5 71.0 11 Over 10 wks 58.1 9.0) 96.8 15 (f) Primary enclosures used to trans- (g) Primary enclosures used to trans- port live guinea pigs or hamsters as port live guinea pigs or hamsters, ex- provided in this section shall have solid cept where such primary enclosures are bottoms to prevent leakage in ship- permanently affixed in the animal ment and shall be cleaned and sanitized cargo space of the primary conveyance, in a manner prescribed in §3.31 of the shall be clearly marked on top and on standards, if previously used. Such pri- one or more sides with the words "Live mary enclosures shall contain clean Animals" in letters not less than 2.5 litter of a suitable absorbent material, centimeters(1 inch)in height, and with which is safe and nontoxic to the guin- arrows or other markings, to indicate ea pigs or hamsters, in sufficient quan- the correct upright position of the con- tity to absorb and cover excreta, unless tainer, the guinea pigs or hamsters are on wire (h) Documents accompanying the or other nonsolid floors. shipment shall be attached in an easily accessible manner to the outside of a 59 §3.37 9 CFR Ch. 1 (1-1-99 Edition) primary enclosure which is part of such unless proper precaution is taken to shipment. prevent such injury. (i) When a primary enclosure is per- (g) The animal cargo space of pri- manently affixed within the animal mary conveyances used to transport cargo space of the primary conveyance guinea pigs or hamsters shall be me- so that the front opening is the only chanically sound and provide fresh air source of ventilation for such primary by means of windows, doors, vents, or enclosure, the front opening shall open air conditioning so as to minimize directly to the outside or to an unob- drafts, odors, and moisture condensa- structed aisle or passageway within the tion. Auxiliary ventilation, such as primary conveyance. Such front yen- fans, blowers, or air conditioners, shall tilation opening shall be at least 90 percent of the total surface area of the be used in any cargo space containing front wall of the primary enclosure and live guinea pigs or hamsters when the covered with bars, wire mesh or ambient temperature in the animal smooth expanded metal. cargo space is 75 °F (23.9 °C) or higher. The ambient temperature within the [42 FR 31563, June 21, 1977. as amended at 43 FR 21163, May 16, 1978; 55 FR 28882, July 16, animal cargo space shall not exceed 85 ssol °F' (29.5 °C) or fall below 45 °F (7.2 °C), except that the ambient temperature §3.37 Primary conveyances (motor ve• in the cargo space may be below 45 °F hide,rail,air,and marine). (7.2°C)for hamsters if the hamsters are (a) The animal cargo space of pri- accompanied by a certificate of accli- mary conveyances used in transporting mation to lower temperatures, as pro- live guinea pigs and hamsters shall be vide('in§3.35(c) of this part. designed and constructed to protect [42 FR 31563, June 21, 1977, as amended at 55 the health, and ensure the safety and comfort of the live guinea pigs and FR 28882,July 16,1990] hamsters at all times. ¢3.38 Food and water requirements. (b) The animal cargo space shall be constructed and maintained in a man- (a)If live guinea pigs or hamsters are ner to prevent the ingress of engine ex- to be transported for a period of more haust fumes and gases from the pri- than 6 hours, the animals shall have mary conveyance during transpor- access to food and water or a type of tation in commerce. food, which provides the requirements (c) No live guinea pig or hamster for food and water in quantity and shall be placed in an animal cargo quality sufficient to satisfy their food space that does not have a supply of air and water needs, during transit. sufficient for normal breathing for (b) Any dealer, research facility, ex- each live animal contained therein, hibitor or operator of an auction sale and the primary enclosures shall be po- offering any live guinea pig or hamster sitioned in the animal cargo space in to any carrier or intermediate handler such a manner that each live guinea for transportation, in commerce, shall pig or hamster has access to sufficient or air for normal breathing. type peide an food,ad which ce supply of food h re- (d) Primary enclosures shall be posi- of provides the tioned in the primary conveyance in quirements for food and water, within such a manner that in an emergency the primary enclosure to meet the re- the live guinea pigs or hamsters can be quirements of this section. removed from the primary conveyance (c) No carrier or intermediate han- as soon as possible. dler shall accept for transportation, in (e) The interior of the animal cargo commerce, any live guinea pig or ham- space shall be kept clean. ster without an adequate supply of food (1) Live guinea pigs and hamsters or type of food, which provides the re- shall not be transported with any ma- quirements for food and water, within terial, substance (e.g., dry ice) or de- the primary enclosure to meet the re- vice which may reasonably be expected quirements of this section. to be injurious to the health and well- being of the guinea pigs and hamsters 142 FR 31563,June 21, 1977] 60 Animal and Plant Health Inspection Service, USDA §3.41 §3.39 Care in transit, the standards often enough to prevent (a) an accumulation of debris or excreta, During surface transportation, it to minimize vermin infestation, and to shall be the responsibility of the driver prevent a disease hazard. An effective or other employee to visually observe program for the control of insects, the live guinea pigs or hamsters as fre- quently as circumstances may dictate, ectoparasites, and avian and mamma- but not less than once every 4 hours, to lian pests shall be established and maintained for all animal holding assure that they are receiving suffi- cient air for normal breathing, their areas. Any animal holding area rs ambient temperatures are within the shaling live guinea wpith or hamsters s prescribed limits, all other applicable shall be windows,provded wior fresh air it means of doors, vents, or air standards are being complied with and conditioning and may be ventilated or to determine whether any of the live air circulated by means of fans, blow- guinea pigs or hamsters are in obvious ers, or an air conditioning system so as physical distress and to provide any to minimize drafts, odors, and moisture needed veterinary care as soon as pos- condensation. Auxiliary ventilation, sible. When transported by air, live such as exhaust fans and vents or fans guinea pigs and hamsters shall be vis- or blowers or air conditioning shall be ually observed by the carrier as fre- used for any animal holding area con- quently as circumstances may dictate, taming live guinea pigs and hamsters but not less than once every 4 hours, if when the air temperature within such the animal cargo space is accessible animal holding area is 23.9° C. (75.° F.) during flight. If the animal cargo space or higher. The air temperature around is not accessible during flight, the car- any live guinea pig or hamster in any rier shall visually observe the live animal holding area shall not be al- guinea pigs or hamsters whenever load- lowed to fall below 7.2°C. (45°F.)nor be ed and unloaded and whenever the ani- allowed to exceed 29.5°C. (85°F.) at any mal cargo space is otherwise accessible time. To ascertain compliance with the to assure that they are receiving suffi- provisions of this paragraph, the air cient air for normal breathing, their temperature around any live guinea pig ambient temperatures are within the or hamster shall be measured and read prescribed limits, all other applicable outside the primary enclosure which standards are being complied with and contains such guinea pig or hamster at to determine whether any such live a distance not to exceed .91 meters (3 guinea pigs or hamsters are in obvious feet)from any one of the external walls physical distress. The carrier shall pro- of the primary enclosure and measured vide any needed veterinary care as on a level parallel to the bottom of soon as possible. No guinea pig or ham- such primary enclosure at a point ster in obvious physical distress shall which approximates half the distance be transported in commerce. between the top and bottom of such (b) During the course of transpor- primary enclosure. Cation, 1n commerce, live guinea pigs [43 FR 56215, Dec. 1, 1978, as amended at 55 or hamsters shall not be removed from FR 28883,July 16, 1990] their primary enclosures unless placed in other primary enclosures or facili- §3.41 Handling. ties conforming to the requirements (a) Any person who is subject to the provided in this subpart. Animal Welfare regulations and who [42 FR 31563,June 21,1977] moves live guinea pigs or hamsters from an animal holding area of a ter- §3.40 Terminal facilities. minal facility to a primary conveyance No person subject to the Animal Wel- or vice versa shall do so as quickly and fare regulations shall commingle ship- efficiently as possible. Any person sub- ments of live guinea pigs or hamsters ject to the Animal Welfare Act and with inanimate cargo. All animal hold- holding any live guinea pig or hamster ing areas of a terminal facility where in an animal holding area of a terminal shipments of live guinea pigs or ham- facility or transporting any live guinea sters are maintained shall be cleaned pig or hamster to or from a terminal and sanitized as prescribed in §3.31 of facility shall provide the following: 61 §3.50 9 CFR Ch. I (1-1-99 Edition) (1) Shelter from sunlight. When sun- (b) Water and electric power. Reliable light is likely to cause overheating or and adequate electric power, if re- discomfort, sufficient shade shall be quired to comply with other provisions provided to protect the live guinea pigs of this subpart, and adequate potable and hamsters from the direct rays of water shall be available. the sun and such live guinea pigs or (c) Storage. Supplies of food and bed- hamsters shall not be subjected to sur- ding shall be stored in facilities which rounding air temperatures which ex- adequately protect such supplies ceed 29.5°C. (85°F.), and which shall be against infestation or contamination measured and read in the manner pre- by vermin. Refrigeration shall be pro- scribed §3.40 of this part, for a period of vided for supplies of perishable food. more than 45 minutes. (d) Waste disposal. Provision shall be (2) Shelter from rain or snow. Live made for the removal and disposal of guinea pigs and hamsters shall be pro- animal and food wastes, bedding, dead vided protection to allow them to re- animals, and debris. Disposal facilities main dry during rain or snow. shall be so provided and operated as to (3) Shelter from cold weather. Trans- minimize vermin infestation, odors, porting devices shall be covered to pro- and disease hazards. vide protection for live guinea pigs and (e) Washroom and sinks. Facilities, hamsters when the outdoor air tem- such as washrooms, basins, or sinks, perature falls below 10° C. (50° F.), and shall be provided to maintain cleanli- such live guinea pigs and hamsters ness among animal caretakers. shall not be subjected to surrounding air temperatures which fall below 7.2° [32 FR 3273, Feb. 24, 1967, as amended at 44 C. (45°F.), and which shall be measured FR 63492,Nov.2, 1979] and read in the manner prescribed in §3.40 of this part, for a period of more §3.51 Facilities,indoor. than 45 minutes. (a) Heating. Indoor housing facilities (b) Care shall be exercised to avoid for rabbits need not be heated. handling of the primary enclosure in (b) Ventilation. Indoor housing facili- such a manner that may cause physical ties for rabbits shall be adequately ven- or emotional trauma to the live guinea tilated to provide for the health and pig or hamster contained therein. comfort of the animals at all times. (c) Primary enclosures used to trans- Such facilities shall be provided with port any live guinea pig or hamster fresh air either by means of windows, shall not be tossed, dropped, or need- doors, vents, or air conditioning and lessly tilted and shall not be stacked in shall be ventilated so as to minimize a manner which may reasonably be ex- drafts, odors, and moisture condensa- pected to result in their falling. tion. Auxiliary ventilation, such as ex- haust fans and vents or air condi- [43 FR 21163, May 16, 1978, as amended at 43 tioning, shall be provided when the am- FR 56216, Dec. 1, 1978; 55 FR 28883, July 16, bient temperature is 85°F. or higher. 1990] (c) Lighting. Indoor housing facilities Subpart C—Specifications for the for rabbits shall have ample light, by p p natural or artificial means, or both, of Humane Handling, Care, good quality and well distributed. Such Treatment and Transportation lighting shall provide uniformly dis- of Rabbits tributed illumination of sufficient light intensity to permit routine in- FACILITIES AND OPERATING STANDARDS spection and cleaning during the entire §3.50 Facilities,general. working period. Primary enclosures shall be so placed as to protect the rab- (a) Structural strength. Indoor and bits from excessive illumination. outdoor housing facilities for rabbits (d) Interior surfaces. The interior shall be structurally sound and shall be building surfaces of indoor housing fa- maintained in good repair, to protect cilities shall be constructed and main- the animals from injury, to contain the tained so that they are substantially animals, and to restrict the entrance of impervious to moisture and may be other animals. readily sanitized. 62 Animal and Plant Health Inspection Service, USDA §3.53 {3.52 Facilities,outdoor. jury. Litter shall be provided in all pri- mary enclosures having solid floors. (a) Shelter from sunlight. When sun- light is likely to cause overheating or (5)a A suitable ng nest box containing pro- discomfort, sufficient shade shall be vidclean nn each m enclosure o b provided to allow all rabbits kept out- Ing ad e aleh primary r lesthan hous- provided doors to protect themselves from the month o a female with a litter leas one direct rays of the sun. When the atmos- af age. en- pheric temperature exceeds 90° F. arti- cl(sub)res Space ui ed requirements for uAugust , 90 ficial cooling shall be provided by a Primary r acquired before August be con- sprinkler system or other means. encmaintained losures shall coo- o- (b) Shelter from rain or snow. Rabbits vde structed ie ce orthes as mto 1p to kept outdoors shall be provided with ac sufficient apace for animal is P make normal postural adjustments access to shelter to allow them to re- with adequate freedom of movement. main dry during rain or snow. Each rabbit housed in a primary enclo- (c) Shelter from cold weather. Shelter sure shall be provided a minimum shall be provided for all rabbits kept amount of floor space, exclusive of the outdoors when the atmospheric tem- space taken up by food and water re- perature falls below 40°F. ceptacles, in accordance with the fol- (d) Protection from predators. Outdoor lowing table: housing facilities for rabbits shall be fenced or otherwise enclosed to mini- Minimum mize the entrance of predators. Category ds weights squarer n (e) Drainage. A suitable method shall (pod:) (square inches)be provided to rapidly eliminate excess water. Groups 3 through 5 144 6 through 8 288 9 or more 432 §3.53 Primary enclosures. Individual adults 3 through 5 180 All primary enclosures for rabbits 6 through 8 360 9 through shall conform to the following require- or 1211 540 more 720 ments: Nursing females 3 through 5 576 (a) General. (1) Primary enclosures 6 through 8 720 9 shall be structurally sound and main- 12 or m 11 864 more more ... 1080 tamed in good repair to protect the -- --- rabbits from injury, to contain them, (c) Space requirements for primary en- and to keep predators out. closures acquired on or after August 15, (2) Primary enclosures shall be con- 1990. structed and maintained so as to en- (1) Primary enclosures shall be con- able the rabbits to remain dry and structed and maintained so as to pro- clean. vide sufficient space for the animal to (3) Primary enclosures shall be con- make normal postural adjustments structed and maintained so that the with adequate freedom of movement. rabbits contained therein have conven- (2) Each rabbit housed in a primary ient access to clean food and water as enclosure shall be provided a minimum required in this subpart. amount of floor space, exclusive of the (4) The floors of the primary enclo- space taken up by food and water re- sures shall be constructed so as to pro- ceptacles, in accordance with the fol- tect the rabbits' feet and legs from in- lowing table: Individual weights Minimum floor space Minimum interior height kg IQs m'' tl cm in Individual rabbits(weaned) <2 <4.4 0.14 1.5 35.56 14 2-4 4.4-8.8 0.28 3.0 35.56 14 4-5.4 8.8-11.9 0.37 4.0 35.56 14 >5.4 >11.9 0.46 5.0 35.56 14 63 §3.54 9 CFR Ch. I (1-1-99 Edition) Weight of nursing female Minimum floor spaceite- Minimum interior height male&litter kg Ibs mz ft2 cm in Females with litters <2 <4.4 0.37 4.0 35.56 14 2-4 4.4-8.8 0.46 5.0 35.56 14 4-5.4 8.8-11.9 0.56 6.0 35.56 14 >5.4 >11.9 0.70 7.5 35.56 14 (3) Innovative primary enclosures $3.66 Sanitation. that do not precisely meet the space 1) requirements of paragraph(c)(2) of this (a) Cleaning of psi shall hry enclosures. (- section, but that do Primary enclosures be kept yeas provide rabbits sonably free of excreta, hair, cobwebs with a sufficient volume of space and and other debris by periodic cleaning. the opportunity to express species-typ- Measures shall be taken to prevent the ical behavior, may be used at research wetting of rabbits in such enclosures if facilities when approved by the Institu- a washing process is used. tional Animal Care and Use Commit- (2) In primary enclosures equipped tee, and by dealers and exhibitors when with solid floors, soiled litter shall be approved by the Administrator. removed and replaced with clean litter [32 FR 3273, Feb. 24, 1967, as amended at 55 at least once each week. FR 28883,July 16,1990) (3)If primary enclosures are equipped with wire or mesh floors, the troughs ANIMAL HEALTH AND HUSBANDRY or pans under such en^+93llre9 shall be STANDARDS cleaned at least once each week. If worm bins are used under such enclo- ¢3.64 Feeding. sures they shall be maintained in a sanitary condition. (a) Rabbits shall be fed at least once (b) Sanitization o each day except as otherwise might be of primary enclosures. shall required to provide adequate veteri- be Primary enclosures e evraery days nary care. The food shall be free from the sanitized manner least once in a3 p contamination, wholesome, palatable in the provided in paragraph and of sufficient quantity and nutritive (b(2 of this section. value to meet the normal daily re- (2)s into Pror to the introduction mryn toof urns bits empty primary enclosures quirements for the condition and size previously occupied, such enclosures of the rabbit. shall be sanitized in the manner pro- (b) Food receptacles shall be acces- vided in paragraph (b)(3) of this see- sible to all rabbits in a primary enclo- tion. sure and shall be located so as to mini- (3) Primary enclosures for rabbits mize contamination by excreta. All shall be sanitized by washing them food receptacles shall be kept clean with hot water (180°F.) and soap or de- and sanitized at least once every 2 tergent as in a mechanical cage wash- weeks. If self feeders are used for the er, or by washing all soiled surfaces feeding of dry feed, measures must be with a detergent solution followed by a taken to prevent molding, deteriora- safe and effective disinfectant, or by tion or caking of the feed. cleaning all soiled surfaces with live steam or flame. §3.55 Watering. (c) Housekeeping. Premises (buildings and grounds) shall be kept clean and in Sufficient potable water shall be pro- good repair in order to protect the ani- vided daily except as might otherwise mals from injury and to facilitate the be required to provide adequate veteri- prescribed husbandry practices set nary care. All watering receptacles forth in this subpart. Premises shall re- shall be sanitized when dirty: Provided, main free of accumulations of trash. however, That such receptacles shall be (d) Pest control. An effective program sanitized at least once every 2 weeks. for the control of insects, 64 Animal and Plant Health Inspection Service, USDA §3.60 ectoparasites, and avian and mamma- son, or any department, agency, or in- lian pests shall be established and strumentality of the United States or maintained. any State or local government may mutually agree to extend the time of §3.87 Employees- acceptance to not more than 6 hours if A sufficient number of employees specific prior scheduling of the animal shall be utilized to maintain the pre- shipment to destination has been scribed level of husbandry practices set made. forth in this subpart. Such practices (b) Any carrier or intermediate han- shall be under the supervision of an dler shall only accept for transpor- animal caretaker who has a back- tation or transport, in commerce, any ground in animal husbandry or care. live rabbit in a primary enclosure which conforms to the requirements §3.88 Classification and separation. set forth in §3.61 of the standards: Pro- Animals housed in the same primary vided, however, That any carrier or in- enclosure shall be maintained in corn- termediate handler may accept for patible groups, with the following addi- transportation or transport, in com- tional restrictions: merce, any live rabbit consigned by (a)Rabbits shall not be housed in the any department, agency, or instrumen- same primary enclosure with any other tality of the United States having lab- species of animals unless required for oratory animal facilities or exhibiting scientific reasons. animals or any licensed or registered (b) Rabbits under quarantine or dealer, research facility, exhibitor, or treatment for a communicable disease operator of any auction sale, if such shall be separated from other rabbits consignor furnishes to the carrier or and other susceptible species of ani- intermediate handler a certificate, mars in such a manner as to minimize signed by the consignor, stating that dissemination of such disease. the primary enclosure complies with §3.61 of the standards, unless such pri- §3.88 [Reserved] mary enclosure is obviously defective TRANSPORTATION STANDARDS or damaged and it is apparent that it cannot reasonably be expected to con- taro the live rabbit without causing AUTHORITY: Sections 3.60 through 3.66 suffering or injury to such live rabbit. issued under secs. 3, 5, 6, 10, 11, 14. 16, 17, 21; 80 Stat. 353; 84 Stat. 1561, 1562, 1563. 1564; 90 A copy of such certificate shall accom- Stat. 418, 420, 423 (7 U.S.C. 2133, 2135, 2136, pany the shipment to destination. The 2140, 2141, 2144, 2146, 2147, 2151); 37 FR 28464, certificate shall include at least the 28477,38 FR 19141. following information: SOURCE: Sections 3.60 through 3.66 appear (1) Name and address of the con- at 92 FR 31565,June 21, 1977, unless otherwise signor; noted. (2) The number of rabbits in the pri- mary enclosure(s); $3.80 Consignments to carriers and in- (3) A certifying statement (e.g., "I termediate handlers. hereby certify that the (number) (a) Carriers and intermediate han- primary enclosure(s) which are used to filers shall not accept any live rabbit transport the animal(s) in this ship- presented by any dealer, research facil- ment complies (comply) with USDA ity, exhibitor, operator of an auction standards for primary enclosures (9 sale, or other person, or any depart- CFR part 3)."); and ment, agency, or instrumentality of (4) The signature of the consignor, the United States or any State or local and date. government for shipment, in corn- (c) Carriers or intermediate handlers merce, more than 4 hours prior to the whose facilities fail to meet the mini- scheduled departure of the primary mum temperature allowed by the conveyance on which it is to be trans- standards may accept for transpor- ported: Provided, however, That the car- tation or transport, in commerce, any rier or intermediate handler and any live rabbit consigned by any depart- dealer, research facility, exhibitor, op- ment, agency, or instrumentality of erator of an auction sale, or other per- the United States or of any State or 85 §3.61 9 CFR Ch. I (1-1-99 Edition) local government, or by any person (in- (a) Primary enclosures, such as corn- eluding any licensee or registrant partments, transport cages, cartons, or under the Act, as well as any private crates, used to transport live rabbits individual) if the consignor furnishes shall be constructed in such a manner to the carrier or intermediate handler that: a certificate executed by a veterinarian (1) The stuctural strength of the en- accredited by this Department pursu- closure shall be sufficient to contain ant to part 160 of this title on a sped- the live rabbits and to withstand the fied date which shall not be more than normal rigors of transportation; 10 days prior to delivery of such rabbit (2) The interior of the enclosure shall for transportation in commerce, stat- be free from any ing that such live rabbit is acclimated protrusions li that con- to could air temperatures lower than those be injurious to the live rabbits prescribed in §§3.65 and 3.66. A copy of tained therein; such certificate shall accompany the (3) The openings of such enclosures shipment to destination. The certify- are easily accessible at all times for cate shall include at least the follow- emergency removal of the live rabbits; ing information: (4) Except as provided in paragraph (1) Name and address of the con- (h) of this section, there are ventila- signor; tion openings located on two opposite (2) The number of rabbits in the ship- walls of the primary enclosure and the ment; ventilation openings on each such wall (3) A certifying statement (e.g., "I shall be at least 16 percent of the total hereby certify that the animal(s) in surface area of each such wall, or there this shipment is (are), to the best of are ventilation openings located on all my knowledge, acclimated to air tem- four walls of the primary enclosure and peratures lower than 7.2° C. (45° F.).)"; the ventilation openings on each such and wall shall be at least 8 percent of the (4) The signature of the USDA ac- total surface area of each such wall: credited veterinarian, assigned aecredi- Provided, however, That at least one- tation number, and date. third of the total minimum area re- (d) Carriers and intermediate han- quired for ventilation of the primary dlers shall attempt to notify the con- enclosure shall be located on the lower signee at least once in every 6 hour pe- one-half of the primary enclosure and riod following the arrival of any live at least one-third of the total mini- rabbit at the animal holding area of mum area required for ventilation of the terminal cargo facility. The time, the primary enclosure shall be located date, and method of each attempted on the upper one-half of the primary notification and the final notification enclosure; to the consignee and the name of the (5) Except as provided in paragraph person notifying the consignee shall be (h) of this section, projecting rims or recorded on the copy of the shipping other devices shall be on the exterior of document retained by the carrier or in- the outside walls with any ventilation termediate handler and on a copy of openings to prevent obstruction of the the shipping document accompanying ventilation openings and to provide a the animal shipment. minimum air circulation space 1.9 cen- [42 FR 31565, June 21, 1977. as amended at 43 timeters(.75 inch) between the primary FR 21164, May 16, 1978; 44 FR 63493, Nov. 2, enclosure and any adjacent cargo or 1979) conveyance wall; and (6) Except as provided in paragraph *3.61 Primary enclosures used to (h) of this section, adequate handholds transport live rabbits. or other devices for lifting shall be pro- No person subject to the Animal Wel- vided on the exterior of the primary fare regulations shall offer for trans- enclosure to enable the primary enclo- portation or transport in commerce sure to be lifted without tilting and to any live rabbit in a primary enclosure ensure that the person handling the that does not conform to the following primary enclosure will not be in con- requirements: tact with the rabbit. 66 Animal and Plant Health Inspection Service, USDA §3.62 (b) Live rabbits transported in the covered with bars, wire mesh or same primary enclosure shall be main- smooth expanded metal. tained in compatible groups and shall [42 FR 31565, June 21, 1977, as amended at 43 not be transported in the same primary FR 21164, May 16, 1978; 55 FR 28883, July 16. enclosure with other specie of animals. 19907 (c) Primary enclosures used to trans- port live rabbits shall be large enough *3.62 Primary conveyances (motor ve- ra and marine).il, to ensure that each rabbit contained hicle, air, therein has sufficient space to turn (a) The animal cargo space of pri- about freely and to make normal pos- mary conveyances used in transporting torsi adjustments. live rabbits shall be designed and con- (d) Not more than 15 live rabbits structed to protect the health, and en- be transported in the same pri- sure the safety and comfort of the rab- shall mary enclosure. bits contained therein at all times. (b) The animal cargo space shall be (e) Primary enclosures used to trans- constructed and maintained in a man- port live rabbits as provided in this ner to prevent the ingress of engine ex- section shall have solid bottoms to pre- haust fumes and gases from the pri- vent leakage in shipment and shall be mary conveyance during transpor- cleaned and sanitized in a manner pre- tation in commerce. scribed in §3.56 of the standards, if pre- (c) No live rabbit shall be placed in viously used. Such primary enclosures an animal cargo space that does not shall contain clean litter of a suitable have a supply of air sufficient for nor- absorbent material which is safe and mal breathing for each live animal con- nontoxic to the rabbits, in sufficient tained therein, and the primary enclo- quantity to absorb and cover excreta, sures shall be positioned in the animal unless the rabbits are on wire or other cargo space in such a manner that each nonsolid floors. rabbit has access to sufficient air for normal breathing. (f) Primary enclosures used to trans- (dport live rabbits, except where such on Primary primary e be n posi- port in the primary conveyance in primary enclosures are permanently af- such a manner that in an emergency fixed in the animal cargo space of the the live rabbits can be removed from primary conveyance, shall be clearly the primary conveyance as soon as pos- marked on top and on one or more sible. sides with the works "Live Animal" in (e) The interior of the animal cargo letters not less than 2.5 centimeters (1 space shall be kept clean. inch) in height, and with arrows or (f) Live rabbits shall not be trans- other markings, to indicate the correct ported with any material, substance upright position of the container. (e.g., dry ice) or device which may rea- (g) Documents accompanying the sonably be expected to be injurious to shipment shall be attached in an easily the health and well-being of the rabbits accessible manner to the outside of a unless proper precaution is taken to primary enclosure which is part of such prevent such injury. shipment. (g) The animal cargo space of pri- (h) When, a primary enclosure is per- rabbits conveyances used to transport rabbits shall be mechanically sound manently affixed within the animal win- cargo space of the primary conveyance and ,provide fresh ,air by means of so that the front opening is the only flows, doors, vents, or air f ,conditioning do , a so as to minimize drafts, odors, and source of ventilation for such primary moisture condensation. Auxiliary ven- enclosure, the front opening shall open tilation, such as fans, blowers, or air directly to the outside or to an unob- conditioners, shall be used in any cargo structed aisle or passageway within the space containing live rabbits when the primary conveyance. Such front ven- ambient temperature in the animal tilation opening shall be at least 90 cargo space is 75 °F (23.9 °C) or higher. percent of the total surface area of the The ambient temperature within the front wall of the primary enclosure and animal cargo space shall not exceed 85 67 §3.63 9 CFR Ch. I (1-1-99 Edition) °F (29.5 °C) or fall below 45 °F (7.2 °C), If the animal cargo space is not acces- except that the ambient temperature sible during flight, the carrier shall in the cargo space may be below 45 °F visually observe the live rabbits when- (7.2 °C) if the rabbits are accompanied ever loaded and unloaded and whenever by a certificate of acclimation to lower the animal cargo space is otherwise ac- temperatures, as provided in §3.60(c) of cessible to assure that they are receiv- this part. ing sufficient air for normal breathing, [42 FR 31565, June 21, 1977, as amended at 55 their ambient temperatures are within FR 28883,July 16,1990] the prescribed limits, all other applica- ble standards are being complied with §3.63 Food and water requirements. and to determine whether any such live (a) If live rabbits are to be trans- rabbits are in obvious physical distress. ported for a period of more than 6 The carrier shall provide any needed hours, they shall have access to food veterinary care as soon as possible. No and water or a type of food, which pro- rabbit in obvious physical distress vides the requirements for food and shall be transported in commerce. water in quantity and quality suffi- (b) During the course of transpor- dent to satisfy their food and water tation, in commerce, live rabbits shall needs, during transit. not be removed from their primary en- (b) Any dealer, research facility, ex- closures unless placed in other primary hibitor or operator of an auction sale enclosures or facilities conforming to offering any live rabbit to any carrier the requirements provided in this sub- or intermediate handler for transpor- Part. tation, in commerce, shall provide an adequate supply of food or type of food, ¢3.88 Terminal facilities. which provides the requirements for No person subject to the Animal Wel- food and water, within the primary en- fare regulations shall commingle ship- closure to meet the requirements of ments of live rabbits with inanimate this section. cargo. All animal holding areas of a (c) No carrier or intermediate han- terminal facility where shipments of dler shall accept for transportation, in rabbits are maintained shall be cleaned commerce, any live rabbit without an and sanitized as prescribed in §3.56 of adequate supply of food or type of food, the standards often enough to prevent which provides the requirements for an accumulation of debris or excreta, food and water, within the primary en- to minimize vermin infestation, and to closure to meet the requirements of prevent a disease hazard. An effective this section. program for the control of insects, ectoparasites, and avian and mamma- *3.64 Care in transit. han pests shall be established and (a) During surface transportation, it maintained for all animal holding shall be th responsibility of the driver areas. Any animal holding area con- or other employee to visually observe taining live rabbits shall be provided the live rabbits as frequently as cir- with fresh air by means of windows, cumstances may dictate, but not less doors, vents, or air conditioning and than once every 4 hours, to assure that may be ventilated or air circulated by they are receiving sufficient air for means of fans, blowers, or an air condi- normal breathing, their ambient tem- tioning system so as to minimize peratures are within the prescribed drafts, odors, and moisture condensa- limits, all other applicable standards tion. Auxiliary ventilation, such as ex- are being complied with and to deter- haust fans and vents or fans or blowers mine whether any of the live rabbits or air conditioning shall be used for are in obvious physical disress and to any animal holding area containing provide any needed veterinary care as live rabbits when the air temperature soon as possible. When transported by within such animal holding area is 23.9° air, live rabbits shall be visually ob- C. (75° F.) or higher. The air tempera- served by the carrier as frequently as ture around any live rabbit in any ani- circumstances may dictate, but not mal holding area shall not be allowed less than once every 4 hours, if the to fall below 7.2° C. (45° F.) nor be al- cargo space is accessible during flight. lowed to exceed 29.5° C. (85° F.) at any 68 Animal and Plant Health Inspection Service, USDA §3.75 time. To ascertain compliance with the (b) Care shall be exercised to avoid provisions of this paragraph, the air handling of the primary enclosure in temperature around any live rabbit such a manner that may cause physical shall be measured and read outside the or emotional trauma to the live rabbit primary enclosure which contains such contained therein. rabbit at a distance not to exceed .91 (c) Primary enclosures used to trans- meters (3 feet) from any one of the ex- port any live rabbit shall not be tossed, ternal walls of the primary enclosure dropped, or needlessly tilted and shall and on a level parallel to the bottom of not be stacked in a manner which may such primary enclosure at a point reasonably be expected to result in which approximates half the distance their falling. between the top and bottom of such primary enclosure. [43 FR 21164, May 16, 1978, as amended at 43 FR 56216, Dec. 1, 1978; 55 FR 28883, July 16, [43 FR 56216, Dec. 1, 1978, as amended at 55 199W FR 28883,July 16,1990]] §3.66 Handling. Subpart D—Specifications for the Humane Handling, Care, (a) Any person who is subject to the Animal Welfare regulations and who Treatment, and Transportation moves live rabbits from an animal of Nonhuman Primates 2 holding area of a terminal facility to a primary conveyance or vice versa shall SOURCE: 56 FR 6495, Feb. 15, 1991, unless do so as quickly and efficiently as pos- otherwise noted. sible. Any person subject to the Animal Welfare regulations and holding any FACILITIES AND OPERATING STANDARDS live rabbit in an animal holding area of a terminal facility or transporting any §3.75 Housing facilities,general. live rabbit to or from a terminal facil- (a) Structure: construction. Housing ity shall provide the following: facilities for nonhuman primates must (1) Shelter from sunlight. When sun- be designed and constructed so that light is likely to cause overheating or they are structurally sound for the spe- discomfort, sufficient shade shall be cies of nonhuman primates housed in provided to protect the live rabbits them. They must be kept in good re- from the direct rays of the sun and pair, and they must protect the ani- such live rabbits shall not be subjected male from injury, contain the animals to surrounding air temperatures which exceed 29.5° C. (85° F.), and which shall be measured and read in the manner 2 Nonhuman primates include a great diver- prescribed in§3.65 of this part, for a pe- sity of forms, ranging from the marmoset riod of more than 45 minutes. weighing only a few ounces, to the adult go- rilla weighing hundreds of pounds, and in- (2) Shelter from rain or snow. Live rab- dude more than 240 species.They come from bits shall be provided protection to Asia, Africa, and Central and South Amer- allow them to remain dry during rain ica,and they live in different habitats in na- or Snow. ture. Some have been transported to the (3) Shelter from cold weather. Trans- United states from their natural habitats devices shall be covered to pro- and some have been raised in captivity in the portingUnited States.Their nutritional and activity vide protection for live rabbits when requirements differ, as do their social and the outdoor air temperature falls below environmental requirements. As a result, the 10° C. (50° F.), and such live rabbits conditions appropriate for one species do not shall not be subjected to surrounding necessarily apply to another. Accordingly, air temperatures which fall below 7.2° these minimum specifications must be ap- C. (45°F.), and which shall be measured plied in accordance with the customary and and read in the manner prescribed in generally accepted professional and hus- §3.65 of this part, for a period of more bandry practices considered appropriate for than 45 minutes unless such rabbits are each species, and necessary to promote their psychological well-being. accompanied by a certificate of accli- These minimum standards apply only to oration to lower temperatures as pre- live nonhuman primates, unless stated oth- scribed in§3.60(c). erwlse. 69 §3.75 9 CFR Ch. 1 (1-1-99 Edition) securely, and restrict other animals and objects within the facility—that from entering. cannot be readily cleaned and sani- (b) Condition and site. Housing facili- tized, must be replaced when worn or ties and areas used for storing animal soiled. food or bedding must be free of any ac- (3) Cleaning. Hard surfaces with cumulation of trash, waste material, which nonhuman primates come in junk, weeds, and other discarded mate- contact must be spot-cleaned daily and rials. Animal areas inside of housing sanitized in accordance with §3.84 of facilities must be kept neat and free of this subpart to prevent accumulation clutter, including equipment, fur- of excreta or disease hazards. If the niture, or stored material, but may species scent mark, the surfaces must contain materials actually used and be sanitized or replaced at regular in- necessary for cleaning the area, and tervals as determined by the attending fixtures and equipment necessary for veterinarian in accordance with gen- proper husbandry practices and re- erally accepted professional and hus- search needs. Housing facilities other bandry practices. Floors made of dirt, than those maintained by research fa- absorbent bedding, sand, gravel, grass, cilities and Federal research facilities or other similar material, and planted must be physically separated from any enclosures must be raked or spot- other businesses. If a housing facility cleaned with sufficient frequency to is located on the same premises as any ensure all animals the freedom to other businesses, it must be physically avoid contact with excreta. Contami- separated from the other businesses so nated material must be removed or re- that animals the size of dogs, skunks, placed whenever raking and spot clean- and raccoons, are prevented from en- ing does not eliminate odors, diseases, tering it. insects, pests, or vermin infestation. (c) Surfaces—U) General requirements. All other surfaces of housing facilities The surfaces of housing facilities—in- must be cleaned and sanitized when cluding perches, shelves, swings, boxes, necessary to satisfy generally accepted houses, dens, and other furniture-type husbandry standards and practices. fixtures or objects within the facility— Sanitization may be done by any of the must be constructed in a manner and methods provided in §3.84(b)(3) of this made of materials that allow them to subpart for primary enclosures. be readily cleaned and sanitized, or re- (d) Water and electric power. The hous- moved or replaced when worn or soiled. ing facility must have reliable electric Furniture-type fixtures or objects must power adequate for heating, cooling, be sturdily constructed and must be ventilation, and lighting, and for car- strong enough to provide for the safe rying out other husbandry require- activity and welfare of nonhuman pri- ments in accordance with the regula- mates. Floors may be made of dirt, ab- tions in this subpart. The housing fa- sorbent bedding, sand, gravel, grass, or cility must provide running potable other similar material that can be water for the nonhuman primates' readily cleaned, or can be removed or drinking needs. It must be adequate for replaced whenever cleaning does not cleaning and for carrying out other eliminate odors, diseases, pests, in- husbandry requirements. sects, or vermin. Any surfaces that (e) Storage. Supplies of food and bed- come in contact with nonhuman prima- ding must be stored in a manner that tes must: protects the supplies from spoilage, (i) Be free of excessive rust that pre- contamination, and vermin infestation. vents the required cleaning and saniti- The supplies must be stored off the zation, or that affects the structural floor and away from the walls, to allow strength of the surface; and cleaning underneath and around the (ii) Be free of jagged edges or sharp supplies. Food requiring refrigeration points that might injure the animals. must be stored accordingly, and all (2) Maintenance and replacement of food must be stored in a manner that surfaces. All surfaces must be main- prevents contamination and deteriora- tained on a regular basis. Surfaces of tion of its nutritive value. Only the housing facilities—including houses, food and bedding currently being used dens, and other furniture-type fixtures may be kept in animal areas, and when 70 Animal and Plant Health Inspection Service, USDA §3.76 not in actual use, open food and bed- animal caretakers and must be readily ding supplies must be kept in leakproof accessible. containers with tightly fitting lids to prevent spoilage and contamination. §3.78 Indoor housing facilities. Substances that are toxic to the (a) Heating, cooling, and temperature. nonhuman primates but that are re- Indoor housing facilities must be suffi- quired for normal husbandry practices ciently heated and cooled when nec- must not be stored in food storage and essary to protect nonhuman primates preparation areas, but may be stored in from temperature extremes and to pro- cabinets in the animal areas. vide for their health and well-being. (f) Drainage and waste disposal. Hous- The ambient temperature in the facil- ing facility operators must provide for ity must not fall below 45 °F (7.2°C) for regular and frequent collection, re- more than 4 consecutive hours when moval, and disposal of animal and food nonhuman primates are present, and wastes, bedding, dead animals, debris, must not rise above 85 °F (29.5 °C) for garbage, water, and any other fluids more than 4 consecutive hours when and wastes, in a manner that mini- nonhuman primates are present. The mizes contamination and disease risk. ambient temperature must be main- Housing facilities must be equipped tamed at a level that ensures the with disposal facilities and drainage health and well-being of the species systems that are constructed and oper- housed, as directed by the attending ated so that animal wastes and water veterinarian, in accordance with gen- are rapidly eliminated and the animals erally accepted professional and hus- stay dry. Disposal and drainage sys- bandry practices. tems must minimize vermin and pest (b) Ventilation. Indoor housing facili- infestation, insects, odors, and disease ties must be sufficiently ventilated at hazards. All drains must be properly all times when nonhuman primates are constructed, installed, and maintained. present to provide for their health and If closed drainage systems are used, well-being and to minimize odors, they must be equipped with traps and drafts, ammonia levels, and moisture prevent the backflow of gases and the condensation. Ventilation must be pro- backup of sewage onto the floor. If the vided by windows, doors, vents, fans, or facility uses sump ponds, settlement air conditioning. Auxiliary ventilation, ponds, or other similar systems for such as fans, blowers, or air condi- drainage and animal waste disposal, tioning, must be provided when the the system must be located far enough ambient temperature is 85 OF (29.5 °C) away from the animal area of the hous- or higher. The relative humidity main- ing facility to prevent odors, diseases, tamed must be at a level that ensures insects, pests, and vermin infestation. the health and well-being of the ani- If drip or constant flow watering de- mals housed, as directed by the attend- vices are used to provide water to the ing veterinarian, in accordance with animals, excess water must be rapidly generally accepted professional and drained out of the animal areas by gut- husbandry practices. ters or pipes so that the animals stay (c) Lighting. Indoor housing facilities dry. Standing puddles of water in ani- must be lighted well enough to permit mal areas must be mopped up or routine inspection and cleaning of the drained so that the animals remain facility, and observation of the dry. Trash containers in housing facili- nonhuman primates. Animal areas ties and in food storage and food prepa- must be provided a regular diurnal ration areas must be leakproof and lighting cycle of either natural or arti- must have tightly fitted lids on them facial light. Lighting must be uni- at all times. Dead animals, animal formly diffused throughout animal fa- parts, and animal waste must not be cilities and provide sufficient illumina- kept in food storage or food prepara- tion to aid in maintaining good house- tion areas, food freezers, food refrig- keeping practices, adequate cleaning, erators, and animal areas. adequate inspection of animals, and for (g) Washrooms and sinks. Washing fa- the well-being of the animals. Primary cilities, such as washrooms, basins, enclosures must be placed in the hous- sinks, or showers must be provided for ing facility so as to protect the 71 §3.77 9 CFR Ch. I (1-1-99 Edlflon) nonhuman primates from excessive maintaining good housekeeping prac- light. tices, adequate cleaning, adequate in- spection of animals, and for the well- §3.77 Sheltered housing facilities. being of the animals. Primary enclo- (a) Heating, cooling, and temperature. sures must be placed in the housing fa- The sheltered part of sheltered housing cility so as to protect the nonhuman facilities must be sufficiently heated primates from excessive light. and cooled when necessary to protect (d)Shelter from the elements. Sheltered the nonhuman primates from tempera- housing facilities for nonhuman prima- ture extremes, and to provide for their tea must provide adequate shelter from health and well-being. The ambient the elements at all times. They must temperature in the sheltered part of provide protection from the sun, rain, the facility must not fall below 45 OF snow, wind, and cold, and from any (7.2 °C) for more than 4 consecutive weather conditions that may occur. hours when nonhuman primates are (e) Capacity: multiple shelters. Both present, and must not rise above 85 °F the sheltered part of sheltered housing (29.5 °C) for more than 4 consecutive facilities and any other necessary shel- hours when nonhuman primates are ter from the elements must be suffi- present, unless temperatures above 85 ciently large to provide protection °F (29.5 °C) are approved by the attend- comfortably to each nonhuman pri- ing veterinarian, in accordance with mate housed in the facility. If aggres- generally accepted husbandry prac- sive or dominant animals are housed in tices. The ambient temperature must the facility with other animals, there be maintained at a level that ensures must be multiple shelters or other the health and well-being of the species means to ensure that each nonhuman housed, as directed by the attending primate has access to shelter. veterinarian, in accordance with gen- (f) Perimeter fence. On and after Feb- erally accepted professional and hus- ruary 15, 1.994, the outdoor area of a bandry practices. sheltered housing facility must be en- (b) Ventilation. The sheltered part of closed by a fence that is of sufficient sheltered animal facilities must he suf- height to keep unwanted species out. ficiently ventilated at all times to pro- Fences less than 6 feet high must be vide for the health and well-being of approved by the Administrator. The nonhuman primates and to minimize fence must be constructed so that it odors, drafts, ammonia levels. and protects nonhuman primates by re- moisture condensation. Ventilation stricting unauthorized humans, and must be provided by windows, doors, animals the size of dogs, skunks, and vents, fans, or air conditioning. Auxil- raccoons from going through it or iary ventilation, such as fans, blowers, under it and having contact with the or air conditioning, must be provided nonhuman primates. It must be of suf- when the ambient temperature is 85 °F ficient distance from the outside wall (29.5 O0) or higher. The relative humid- or fence of the primary enclosure to ity maintained must be at a level that prevent physical contact between ani- ensures the health and well-being of mals inside the enclosure and outside the species housed, as directed by the the perimeter fence. Such fences less attending veterinarian, in accordance than 3 feet in distance from the pri- with generally accepted professional mary enclosure must be approved by and husbandry practices. the Administrator. A perimeter fence (c) Lighting. The sheltered part of is not required if: sheltered housing facilities must be (1) The outside walls of the primary lighted well enough to permit routine enclosure are made of a sturdy, durable inspection and cleaning of the facility, material such as concrete, wood, plas- and observation of the nonhuman pri- tic, metal, or glass, and are high mates. Animal areas must be provided enough and constructed in a manner a regular diurnal lighting cycle of ei- that restricts contact with or entry by ther natural or artificial light. Light- humans and animals that are outside ing must be uniformly diffused the sheltered housing facility; or throughout animal facilities and pro- (2) The housing facility is surrounded vide sufficient illumination to aid in by a natural barrier that restricts the 72 Animal and Plant Health Inspection Service, USDA §3.78 nonhuman primates to the housing fa- facility. If aggressive or dominant ani- cility and protects them from contact male are housed in the facility with with unauthorized humans and animals other animals there must be multiple that are outside the sheltered housing shelters, or other means to ensure pro- facility, and the Administrator gives tection for each nonhuman primate written permission housed in the facility. (g) Public barriers. Fixed public exhib- (d) Perimeter fence. On and after Feb- its housing nonhuman primates, such ruary 15, 1994, an outdoor housing facil- as zoos, must have a barrier between ity must be enclosed by a fence that is the primary enclosure and the public of sufficient height to keep unwanted at any time the public is present, that species out. Fences less than 6 feet restricts physical contact between the high must be approved by the Adminis- public and the nonhuman primates. trator. The fence must be constructed Nonhuman primates used in trained so that it protects nonhuman primates animal acts or in uncaged public exhib- by restricting unauthorized humans, its must be under the direct control and animals the size of dogs, skunks, and supervision of an experienced han- and raccoons from going through it or dler or trainer at all times when the under it and having contact with the public is present. Trained nonhuman nonhuman primates. It must be of suf- primates may be permitted physical ficient distance from the outside wall contact with the public, as allowed or fence of the primary enclosure to under§2.131, but only if they are under prevent physical contact between ani- the direct control and supervision of an mals inside the enclosure and outside experienced handler or trainer at all the perimeter fence. Such fences less times during the contact. than 3 feet in distance from the pri- (Approved by the Office of Management and mary enclosure must be approved by Budget under control number 0579-0093) the Administrator. A perimeter fence is not required if: {3.78 Outdoor housing facilities. (1) The outside walls of the primary (a) Acclimation. Only nonhuman pri- enclosure are made of a sturdy, durable mates that are acclimated, as deter- material such as concrete, wood, plas- mined by the attending veterinarian, tic, metal, or glass, and are high to the prevailing temperature and hu- enough and constructed in a manner midity at the outdoor housing facility that restricts contact with or entry by during the time of year they are at the humans and animals that are outside facility, and that can tolerate the the housing facility; or range of temperatures and climatic (2) The housing facility is surrounded conditions known to occur at the facil- by a natural barrier that restricts the ity at that time of year without stress nonhuman primates to the housing fa- or discomfort, may be kept in outdoor cility and protects them from contact facilities. with unauthorized humans and animals (b) Shelter from the elements. Outdoor that are outside the housing facility, housing facilities for nonhuman prima- and the Administrator gives written tes must provide adequate shelter from permission. the elements at all times. It must pro- (e) Public barriers. Fixed public exhib- vide protection from the ;un, rain, its housing nonhuman primates, such snow, wind, and cold, and from any as zoos, must have a barrier between weather conditions that may occur. the primary enclosure and the public The shelter must safely provide heat to at any time the public is present, in the nonhuman primates to prevent the order to restrict physical contact be- ambient temperature from falling tween the public and the nonhuman below 45 °F (7.2 °C), except as directed primates. Nonhuman primates used in by the attending veterinarian and in trained animal acts or in uncaged pub- accordance with generally accepted lie exhibits must be under the direct professional and husbandry practices. control and supervision of an experi- (c) Capacity: multiple shelters. The enced handler or trainer at all times shelter must be sufficiently large to when the public is present. Trained comfortably provide protection for nonhuman primates may be allowed each nonhuman primate housed in the physical contact with the public, but 73 §3.79 9 CFR Ch. 1 (1-1-99 Edition) only if they are under the direct con- mals. Primary enclosures must be trol and supervision of an experienced placed in the housing facility so as to handler or trainer at all times during protect the nonhuman primates from the contact, excessive light. (Approved by the Office of Management and (d) Public barriers. There must be a Budget under control number 0579-0093) barrier between a mobile or traveling housing facility and the public at any §3.78 Mobile or traveling housing fa- time the public is present, in order to ditties. restrict physical contact between the (a) Heating, cooling, and temperature. nonhuman primates and the public. Mobile or traveling housing facilities Nonhuman primates used in traveling must be sufficiently heated and cooled exhibits, trained animal acts, or in un- when necessary to protect nonhuman caged public exhibits must be under primates from temperature extremes the direct control and supervision of an and to provide for their health and experienced handler or trainer at all well-being. The ambient temperature times when the public is present. in the traveling housing facility must Trained nonhuman primates may be al- not fall below 45 °F (7.2 °C) for more lowed physical contact with the public, than 4 consecutive hours when but only if they are under the direct nonhuman primates are present, and control and supervision of an expert- must not rise above 85 °F (29.5 °C) for enced handler or trainer at all times more than 4 consecutive hours when during the contact. nonhuman primates are present. The ambient temperature must be main- §3.80 Primary enclosures. tamed at a level that ensures the Primary enclosures for nonhuman health and well-being of the species primates must meet the following min- housed, as directed by the attending imum requirements: veterinarian, and in accordance with ry generally accepted professional and (a) General rst be designed esign and Prcon- enclosures must be and con- husbandry practices. strutted of suitable materials so that (b) Ventilation. Traveling housing fa- they are structurally sound for the spe- cilities must be sufficiently ventilated cies of nonhuman primates contained at all times when nonhuman primates re- are present to provide for the health in them. They must be kept in good and well-being of nonhuman primates pair. and to minimize odors, drafts, ammo- (2) Primary enclosures must be con- nia levels, moisture condensation, and strutted and maintained so that they: exhaust fumes. Ventilation must be (i)Have no sharp points or edges that provided by means of windows, doors, could injure the nonhuman primates; vents, fans, or air conditioning. Auxil- (ii) Protect the nonhuman primates iary ventilation, such as fans, blowers, from injury; or air conditioning, must be provided (iii) Contain the nonhuman primates when the ambient temperature in the securely and prevent accidental open- traveling housing facility is 85 °F (29.5 ing of the enclosure, including opening DC) or higher. by the animal; (c) Lighting. Mobile or traveling (iv) Keep other unwanted animals housing facilities must be lighted well from entering the enclosure or having enough to permit routine inspection Physical contact with the nonhuman and cleaning of the facility, and obser- primates; vation of the nonhuman primates. Ani- (v) Enable the nonhuman primates to mal areas must be provided a regular remain dry and clean; diurnal lighting cycle of either natural (vi) Provide shelter and protection or artificial light. Lighting must be from extreme temperatures and weath- uniformly diffused throughout animal er conditions that may be uncomfort- facilities and provide sufficient illu- able or hazardous to the species of mination to aid in maintaining good nonhuman primate contained; housekeeping practices, adequate (vii) Provide sufficient shade to shel- cleaning, adequate inspection of ani- ter all the nonhuman primates housed mals, and for the well-being of the ani- in the primary enclosure at one time; 74 Animal and Plant Health Inspection Service, USDA §3.80 (viii) Provide the nonhuman prima- will be counted as part of the floor tes with easy and convenient access to space. clean food and water; (1)Prior to February 15, 1994: (ix) Enable all surfaces in contact (I) Primary enclosures must be con- with nonhuman primates to be readily strutted and maintained so as to pro- cleaned and sanitized in accordance vide sufficient space to allow each with §3.84(b)(3) of this subpart, or re- nonhuman primate to make normal placed when worn or soiled; postural adjustments with adequate (x) Have floors that are constructed freedom of movement; and in a manner that protects the (ii) Each nonhuman primate housed nonhuman primates from injuring in a primary enclosure must be pro- themselves;v; and vided with a minimum floor space (xi) Provide sufficient space for the equal to an area at least three times nonhumman primates to make normal postural adjustments with freedom of the area occupied by the primate when movement. standing on four feet. (b) Minimum space requirements. Pri- (2) On and after February 15, 1994: mary enclosures must meet the mini- (1) The minimum space that must be mum space requirements provided in provided to each nonhuman primate, this subpart. These minimum space re- whether housed individually or with quirements must be met even if perch- other nonhuman primates, will be de- es, ledges, swings, or other suspended termined by the typical weight of ani- fixtures are placed in the enclosure. mals of its species, except for Low perches and ledges that do not brachiating species and great apes3 and allow the space underneath them to be will be calculated by using the follow- comfortably occupied by the animal ing table:4 Weight Floor area/animal Height Group lbs. (kg.) 11? (m2) in. (cm.) 1 under 2.2 (under 1) 1.6 (0.15) 20 (50.8) 2 2.2-6.6 (1-3) 3.0 (0.28) 30 (76.2) 3 6.6-22.0 (3-10) 4.3 (0.40) 30 (76.2) 4 - 22.0-33.0 (10-15) 6.0 (0.56) 32 (81.28) 5 33.0-55.0 (15-25) 8.0 (0.74) 36 (91.44) 6 over 55.0 (over 25) 25.1 (2.33) 84 (213.36) 3The different species of nonhuman prima- and require the minimum space require- tes are divided into six weight groups for de- ments of lighter weight species, unless the termining minimum space requirements, ex- animal is obviously unable to make normal cept that all brachiating species of any postural adjustments and movements within weight are grouped together since they re- the primary enclosure. quire additional space to engage in species- "Examples of the kinds of nonhuman pri- typical behavior. The grouping provided is mates typically included in each age group based upon the typical weight for various are: species and not on changes associated with Group 1—marmosets, tamarins,and infants obesity, aging, or pregnancy. These condi- (less than 6 months of age) of various spe- tions will not be considered in determining a cies. nonhuman primate's weight group unless the Group 2—capuchins, squirrel monkeys and animal is obviously unable to make normal similar size species, and juveniles (6 months postural adjustments and movements within to 3 years of age)of various species. the primary enclosure. Different species of Group 3—macaques and African species. prosimians vary in weight and should be Group 4—male macaques and large African grouped with their appropriate weight group. species. They have not been included in the weight Group 5—baboons and nonbrachiating spe- table since different species typically fall cies larger than 33.0 lbs.(15 kg.). into different weight groups. Infants and ju- Group 6—great apes over 55.0 lbs. (25 kg.), venues of certain species are substantially except as provided in paragraph (b)(2)(li) of lower in weight than adults of those species this section,and brachiating species. 75 §3.81 9 CFR Ch. I (1-1-99 Edition) (11) Dealers. exhibitors, and research in appropriate professional journals or facilities, including Federal research reference guides, and as directed by the facilities, must provide great apes attending veterinarian. This plan must weighing over 110 lbs. (50 kg) an addi- be made available to APHIS upon re- tional volume of space in excess of that quest, and, in the case of research fa- required for Group 6 animals as set cilities, to officials of any pertinent forth in paragraph (b)(2)(i) of this sec- funding agency. The plan, at a mini- tion, to allow for normal postural ad- mum, must address each of the follow- justments. ing: (111) In the case of research facilities, (a) Social grouping. The environment any exemption from these standards enhancement plan must include spe- must be required by a research pro- cific provisions to address the social posal or in the judgment of the attend- needs of nonhuman primates of species ing veterinarian and must be approved known to exist in social groups 1n na- by the Committee. In the case of deal- ture. Such specific provisions must be ers and exhibitors, any exemption from in accordance with currently accepted these standards must be required in the professional standards, as cited in ap- judgment of the attending veterinarian propriate professional journals or ref- and approved by the Administrator. erence guides, and as directed by the (1v) When more than one nonhuman attending veterinarian. The plan may primate is housed in a primary enclo- provide for the following exceptions: sure, the minimum space requirement (1) If a nonhuman primate exhibits for the enclosure is the sum of the min- vicious or overly aggressive behavior, imum floor area space required for or is debilitated as a result of age or each individual nonhuman primate in other conditions (e.g., arthritis), it the table in paragraph (b)(2)(i) of this should be housed separately; section, and the minimum height re- (2) Nonhuman primates that have or quirement for the largest nonhuman are suspected of having a contagious primate housed in the enclosure. Pro- disease must be isolated from healthy vided however, that mothers with in- animals in the colony as directed by fants less than 6 months of age may be the attending veterinarian. When an maintained together in primary enclo- entire group or room of nonhuman pri- sures that meet the floor area space mates is known to have or believed to and height requirements of the mother. be exposed to an infectious agent, the (c)Innovative primary enclosures not group may be kept intact during the precisely meeting the floor area and process of diagnosis, treatment, and height requirements provided in para- control. graphs (b)(1) and (b)(2) of this section, (3) Nonhuman primates may not be but that do provide nonhuman prima- housed with other species of primates tes with a sufficient volume of space or animals unless they are compatible, and the opportunity to express species- do not prevent access to food, water, or typical behavior, may be used at re- shelter by individual animals. and are search facilities when approved by the not known to be hazardous to the Committee, and by dealers and exhibi- health and well-being of each other. tors when approved by the Adminis- Compatibility of nonhuman primates trator. must be determined in accordance with (Approved by the Office of Management and generally accepted professional prac- Budget under control number 0579-0093) tices and actual observations, as di- rected by the attending veterinarian, *3.81 Environment enhancement to to ensure that the nonhuman primates promote psychological well-being. are in fact compatible. Individually Dealers, exhibitors, and research fa- housed nonhuman primates must be cilities must develop, document, and able to see and hear nonhuman prima- follow an appropriate plan for environ- tes of their own or compatible species ment enhancement adequate to pro- unless the attending veterinarian de- mote the psychological well-being of termines that it would endanger their nonhuman primates. The plan must be health, safety, or well-being. in accordance with the currently ac- (b) Environmental enrichment. The cepted professional standards as cited physical environment in the primary 76 Animal and Plant Health Inspection Service, USDA §3.82 enclosures must be enriched by provid- proposal approved by the Committee at ing means of expressing noninjurious research facilities. species-typical activities. Species dif- (e) Exemptions. (1) The attending vet- ferences should be considered when de- erinarian may exempt an individual termining the type or methods of en- nonhuman primate from participation richment. Examples of environmental in the environment enhancement plan enrichments include providing perches, because of its health or condition, or in swings, mirrors, and other increased consideration of its well-being. The cage complexities; providing objects to basis of the exemption must be re- manipulate; varied food items; using corded by the attending veterinarian foraging or task-oriented feeding meth- ods; and providing interaction with the for each exempted nonhuman primate. care giver or other familiar and knowl- Unless the basis for the exemption is a edgeable person consistent with per- permanent condition, the exemption sonnel safety precautions. must be reviewed at least every 30 days (c) Special considerations. Certain by the attending veterinarian. nonhuman primates must be provided (2) For a research facility, the Com- special attention regarding enhance- mittee may exempt an individual ment of their environment, based on nonhuman primate from participation the needs of the individual species and in some or all of the otherwise required in accordance with the instructions of environment enhancement plans for the attending veterinarian. Nonhuman scientific reasons set forth in the re- primates requiring special attention search proposal. The basis of the ex- are the following: emption shall be documented in the ap- (1)Infants and young juveniles; proved proposal and must be reviewed (2) Those that show signs of being in at appropriate intervals as determined psychological distress through behav- by the Committee, but not less than for or appearance; (3) Those used in research for which annually. the Committee-approved protocol re- (3) Records of any exemptions must quires restricted activity; be maintained by the dealer, exhibitor, (4) Individually housed nonhuman or research facility and must be made primates that are unable to see and available to USDA officials or officials hear nonhuman primates of their own of any pertinent funding Federal agen- or compatible species; and cy upon request. (5) Great apes weighing over 110 lbs. (50 kg). Dealers, exhibitors, and re- (Approved by the office of Management and search facilities must include in the Budget under control number 0579-0093) environment enhancement plan special ANIMAL HEALTH AND HUSBANDRY provisions for great apes weighing over STANDARDS 110 lbs. (50 kg), including additional op- portunities to express species-typical $3.82 Feeding. behavior. (d) Restraint devices. Nonhuman pri- (a) The diet for nonhuman primates mates must not be maintained in re- must be appropriate for the species, straint devices unless required for size, age, and condition of the animal, health reasons as determined by the at- and for the conditions in which the tending veterinarian or by a research nonhuman primate is maintained, ac- proposal approved by the Committee at cording to generally accepted profes- research facilities. Maintenance under sional and husbandry practices and nu- such restraint must be for the shortest tritional standards. The food must be period possible. In instances where clean, wholesome, and palatable to the long-term (more than 12 hours) re- animals. It must be of sufficient quan- straint is required, the nonhuman pri- tity and have sufficient nutritive value mate must be provided the opportunity to maintain a healthful condition and daily for unrestrained activity for at weight range of the animal and to meet least one continuous hour during the its normal daily nutritional require- period of restraint, unless continuous ments. restraint is required by the research 77 §3.83 9 CFR Ch. I (1-1-99 Edition) (b) Nonhuman primates must be fed primate or social grouping of at least once each day except as other- nonhuman primates. wise might be required to provide ade- quate veterinary care. Infant and juv¢- (Approved by the Office of Management and Budget under control number 0579-0093) nile nonhuman primates must be fed as often as necessary in accordance with *3.84 Cleaning, sanitization, house- generally accepted professional and keeping,and pest control. husbandry practices and nutritional (a) Cleaning of primary enclosures. Ex- standards, based upon the animals' age creta and food waste must be removed and condition. from inside each indoor primary enclo- (c) Food and food receptacles, if used, sure daily and from underneath them must be readily accessible to all the as often as necessary to prevent an ex- nonhuman primates being fed. If mem- cessive accumulation of feces and food hers of dominant nonhuman primate or waste, to prevent the nonhuman prima- other species are fed together with tes from becoming soiled, and to re- other nonhuman primates, multiple duce disease hazards, insects, pests, feeding sites must be provided. The and odors. Dirt floors, floors with ab- animals must be observed to determine sorbent bedding, and planted areas in that all receive a sufficient quantity of primary enclosures must be spot- food. cleaned with sufficient frequency to (d) Food and food receptacles, if used, ensure all animals the freedom to must be located so as to minimize any avoid contact with excreta, or as often risk of contamination by excreta and as necessary to reduce disease hazards, pests. Food receptacles must be kept insects, pests, and odors. When steam clean and must be sanitized in accord- or water is used to clean the primary ance with the procedures listed in enclosure, whether by hosing, flushing, §3.84(b)(3) of this subpart at least once or other methods, nonhuman primates every 2 weeks. Used food receptacles must be removed, unless the enclosure must be sanitized before they can be is large enough to ensure the animals used to provide food to a different will not be harmed, wetted, or dis- nonhuman primate or social grouping tressed in the process. Perches, bars, of nonhuman primates. Measures must and shelves must be kept clean and re- be taken to ensure there is no molding, placed when worn. If the species of the deterioration, contamination, or cak- nonhuman primates housed in the pri- ing or wetting of food placed in self- mary enclosure engages in scent mark- feeders. ing,hard surfaces in the primary enclo- sure 3.83 Watering. must be spot-cleaned daily. (b) Sanitization of primary enclosures Potable water must be provided in and food and water receptacles. sufficient quantity to every nonhuman (1) A used primary enclosure must be primate housed at the facility. If pota- sanitized in accordance with this sec- ble water is not continually available tion before it can be used to house an- to the nonhuman primates, it must be other nonhuman primate or group of offered to them as often as necessary nonhuman primates. to ensure their health and well-being, (2) Indoor primary enclosures must but no less than twice daily for at least be sanitized at least once every 2 weeks 1 hour each time, unless otherwise re- and as often as necessary to prevent an quired by the attending veterinarian, excessive accumulation of dirt, debris, or as required by the research proposal waste, food waste, excreta, or disease approved by the Committee at research hazard, using one of the methods pre- facilities. Water receptacles must be scribed in paragraph (b)(3) of this sec- kept clean and sanitized in accordance tion. However, if the species of with methods provided in §3.84(b)(3) of nonhuman primates housed in the pri- this subpart at least once every 2 mary enclosure engages in scent mark- weeks or as often as necessary to keep ing, the primary enclosure must be them clean and free from contamina- sanitized at regular intervals deter- tion. Used water receptacles must be mined in accordance with generally ac- sanitized before they can be used to cepted professional and husbandry provide water to a different nonhuman practices. 78 Animal and Plant Health Inspection Service, USDA §3.86 (3) Hard surfaces of primary enclo- practices and care, or handle sures and food and water receptacles nonhuman primates, must be trained must be sanitized using one of the fol- and supervised by an individual who lowing methods: has the knowledge, background, and (i)Live steam under pressure: experience in proper husbandry and (ii) Washing with hot water (at least care of nonhuman primates to super- 180 °F (82.2 °C)) and soap or detergent, vise others. The employer must be cer- such as in a mechanical cage washer; tain that the supervisor can perform to (hi) Washing all soiled surfaces with these standards. appropriate detergent solutions or dis- infectants, or by using a combination TRANSPORTATION STANDARDS detergent/disinfectant product that ac- complishes the same purpose, with a §3.86 Consignments to carriers and in- thorough cleaning of the surfaces to re- termediate handlers. move organic material, so as to remove (a) Carriers and intermediate han- all organic material and mineral build- dlers must not accept a nonhuman pri- up, and to provide sanitization followed mate for transport in commerce more by a clean water rinse. than 4 hours before the scheduled de- (4) Primary enclosures containing parture time of the primary convey- material that cannot be sanitized using ance on which the animal is to be the methods provided in paragraph transported. However, a carrier or in- (b)(3) of this section, such as sand, termediate handler may agree with gravel, dirt, absorbent bedding, grass, anyone consigning a nonhuman pri- or planted areas, must be sanitized by mate to extend this time by up to 2 removing the contaminated material hours. as necessary to prevent odors, diseases, (b) Carriers and intermediate han- pests, insects, and vermin infestation. dlers must not accept a nonhuman pri- (c) Housekeeping for premises. Prem- mate for transport in commerce unless ises where housing facilities are lo- they are provided with the name, ad- cated, including buildings and sur- dress, telephone number, and telex rounding grounds, must be kept clean number, if applicable, of the consignee. and in good repair in order to protect (c) Carriers and intermediate han- the nonhuman primates from injury, to dlers must not accept a nonhuman pri- facilitate the husbandry practices re- mate for transport in commerce unless quired in this subpart, and to reduce or the consignor certifies in writing to eliminate breeding and living areas for the carrier or intermediate handler rodents, pests, and vermin. Premises that the nonhuman primate was of- must be kept free of accumulations of fered food and water during the 4 hours trash, junk, waste, and discarded mat- before delivery to the carrier or inter- ter. Weeds, grass, and bushes must be mediate handler. The certification controlled so as to facilitate cleaning must be securely attached to the out- of the premises and pest control. side of the primary enclosure in a man- (d) Pest control. An effective program ner that makes it easily noticed and for control of insects, external para- read. Instructions for no food or water sites affecting nonhuman primates, and are not acceptable unless directed by birds and mammals that are pests, the attending veterinarian. Instruc- must be established and maintained so tions must be in compliance with §3.89 as to promote the health and well- of this subpart. The certification must being of the animals and reduce con- include the following information for tamination by pests in animal areas. each nonhuman primate: (1)The consignor's name and address; $3.86 Employees. (2) The species of nonhuman primate; Every person subject to the Animal (3) The time and date the animal was Welfare regulations (9 CFR parts 1, 2, last fed and watered and the specific and 3) maintaining nonhuman primates instructions for the next feeding(s) and must have enough employees to carry watering(s)for a 24-hour period;and out the level of husbandry practices (4) The consignor's signature and the and care required in this subpart. The date and time the certification was employees who provide husbandry signed. 79 §3.87 9 CFR Ch. 1 (1-1-99 Edition) (d) Carriers and intermediate han- certificate based on the generally and dlers must not accept a nonhuman pri- professionally accepted temperature mate for transport in commerce unless range for the nonhuman primate, con- the primary enclosure meets the re- sidering its age, condition, and species; quirements of §3.87 of this subpart. A and carrier or intermediate handler must (5) The veterinarian's signature and not accept a nonhuman primate for the date the certification was signed. transport if the primary enclosure is (f) When a primary enclosure con- obviously defective or damaged and taining a nonhuman primate has ar- cannot reasonably be expected to safe- rived at the animal holding area of a ly and comfortably contain the terminal facility after transport, the nonhuman primate without suffering carrier or intermediate handler must or injury. attempt to notify the consignee upon (e) Carriers and intermediate han- arrival and at least once in every 6- dlers must not accept a nonhuman pri- hour period after arrival. The time, mate for transport in commerce unless date, and method of all attempted noti- their animal holding area facilities ficatlons and the actual notification of meet the minimum temperature re- the consignee, and the name of the per- quirements provided in §§3.91 and 3.92 son who notifies or attempts to notify of this subpart, or unless the consignor the consignee must be written either provides them with a certificate signed on the carrier's or intermediate han- by a veterinarian and dated no more dler's copy of the shipping document or than 10 days before delivery of the ani- on the copy that accompanies the pri- mal to the carrier or intermediate han- mary enclosure. If the consignee can- dler for transport in commerce, cer- not be notified within 24 hours after tifying that the animal is acclimated the nonhuman primate has arrived at to temperatures lower than those that the terminal facility, the carrier or in- are required in §§3.91 and 3.92 of this termediate handler must return the subpart. Even 1f the carrier or inter- animal to the consignor or to whom- mediate handler receives this certifi- ever the consignor designates. If the cation, the temperatures the consignee is notified of the arrival and nonhuman primate is exposed to while does not take physical delivery of the in the carrier's or intermediate han- nonhuman primate within 48 hours dler's custody must not be lower than after arrival of the nonhuman primate, the minimum temperature specified by the carrier or intermediate handler the veterinarian in accordance with must return the animal to the con- paragraph (e)(4) of this section, and signor or to whomever the consignor must be reasonably within the gen- designates. The carrier or intermediate erally and professionally accepted tem- handler must continue to provide prop- perature range for the nonhuman pri- er care, feeding, and housing to the mate, as determined by the veterinar- nonhuman primate, and maintain the ian, considering its age, condition, and nonhuman primate in accordance with species. A copy of the certification generally accepted professional and must accompany the nonhuman pri- husbandry practices until the con- mate to its destination and must in- signee accepts delivery of the elude the following information for nonhuman primate or until it is re- each primary enclosure: turned to the consignor or to whom- (1)The consignor's name and address; ever the consignor designates. The car- (2) The number of nonhuman prima- rier or intermediate handler must obli- tes contained in the primary enclosure; gate the consignor to reimburse the (3) The species of nonhuman primate carrier or intermediate handler for the contained in the primary enclosure; cost of return transportation and care. (4) A statement by a veterinarian (Approved by the office of Management and that to the best of his or her knowl- Budget under control number 0579-0093) edge, each of the nonhuman primates contained 1n the primary enclosure is *3.87 Primary enclosures used to acclimated to air temperatures lower transport nonhuman primates. than 50 °F (10 °C), but not lower than a Any person subject to the Animal minimum temperature specified on the Welfare regulations (9 CFR parts 1, 2, 80 Animal and Plant Health Inspection Service, USDA §3.87 and 3) must not transport or deliver for slatted or wire mesh floor that pre- transport in commerce a nonhuman vents seepage of waste products, such primate unless it is contained in a pri- as excreta and body fluids, outside of mary enclosure, such as a compart- the enclosure. If a slatted or wire mesh ment, transport cage, carton, or crate, floor is used in the enclosure, it must and the following requirements are be designed and constructed so that the met: animal cannot put any part of its body (a) Construction of primary enclosures. between the slats or through the holes Primary enclosures used to transport in the mesh. It must contain enough nonhuman primates may be connected previously unused litter to absorb and or attached to each other and must be cover excreta. The litter must be of a constructed so that: suitably absorbent material that is (1) The primary enclosure is strong safe and nontoxic to the nonhuman pri- enough to contain the nonhuman pri- mate and is appropriate for the species mate securely and comfortably and to transported in the primary enclosure. withstand the normal rigors of trans- (b) Cleaning of primary enclosures. A portation; primary enclosure used to hold or (2) The interior of the enclosure has transport nonhuman primates in com- no sharp points or edges and no protru- merce must be cleaned and sanitized sions that could injure the animal con- before each use in accordance with the tamed in it; methods provided in §3.84(b)(3) of this (3) The nonhuman primate is at all subpart. times securely contained within the (c) Ventilation. (1) If the primary en- enclosure and cannot put any part of closure is movable, ventilation open- its body outside the enclosure in a way ings must be constructed in one of the that could result in injury to the ani- following ways: mal, or to persons or animals nearby; (I)If ventilation openings are located (4) The nonhuman primate can be on two opposite walls of the primary easily and quickly removed from the enclosure, the openings on each wall enclosure in an emergency; must be at least 16 percent of the total (5) The doors or other closures that surface area of each such wall and be provide access into the enclosure are located above the midline of the enclo- secured with animal-proof devices that sure; or prevent accidental opening of the en- (ii) If ventilation openings are lo- closure, including opening by the cated on all four walls of the primary nonhuman primate; enclosure, the openings on every wall (6) Unless the enclosure is perma- must be at least 8 percent of the total nently affixed to the conveyance, ade- surface area of each such wall and be quate devices such as handles or located above the midline of the enclo- handholds are provided on its exterior, sure. and enable the enclosure to be lifted (2) Unless the primary enclosure is without tilting it, and ensure that any- permanently affixed to the conveyance, one handling the enclosure will not projecting rims or similar devices must come into physical contact with the be located on the exterior of each en- animal contained inside; closure wall having a ventilation open- (7) Any material, treatment, paint, ing, in order to prevent obstruction of preservative, or other chemical used in the openings. The projecting rims or or on the enclosure is nontoxic to the similar devices must be large enough animal and not harmful to the health to provide a minimum air circulation or well-being of the animal; space of 0.75 inches (1.9 centimeters) (8) Proper ventilation is provided to between the primary enclosure and the nonhuman primate in accordance anything the enclosure is placed with paragraph(c)of this section; against. (9) Ventilation openings are covered (3) If a primary enclosure is perma- with bars, wire mesh, or smooth ex- nently affixed to the primary convey- panded metal having air spaces; and ance so that there is only a front ven- (10) The primary enclosure has a tilation opening for the enclosure, the solid, leak-proof bottom, or a remov- primary enclosure must be affixed to able, leak-proof collection tray under a the primary conveyance in such a way 81 183-026 D-99--4 §3.88 9 CFR Ch. I (1-1-99 Edition) that the front ventilation opening can- (g) Accompanying documents and not be blocked, and the front ventila- records. Shipping documents that must tion opening must open directly to an accompany shipments of nonhuman unobstructed aisle or passageway in- primates may be held by the operator side of the conveyance. The ventilation of the primary conveyance, for surface opening must be at least 90 percent of transportation only, or must be se- the total area of the front wall of the curely attached in a readily accessible enclosure, and must be covered with manner to the outside of any primary bars, wire mesh, or smooth expanded enclosure that is part of the shipment, metal having air spaces. in a manner that allows them to be de- (d) Compatibility. (1) Only one live tached for examination and securely nonhuman primate may be transported reattached, such as in a pocket or in a primary enclosure, except as fol- sleeve. Instructions for administration lows: of drugs, medication, and other special (i) A mother and her nursing infant care must be attached to each primary may be transported together; enclosure in a manner that makes (ii) An established male-female pair them easy to notice, to detach for ex- or family group may be transported to- amination, and to reattach securely. gether, except that a female in estrus Food and water instructions must be must not be transported with a male attached in accordance with §3.86(c) of nonhuman primate; this subpart. (iii) A compatible pair of juveniles of (Approved by the Office of Management and the same species that have not reached Budget under control number 0579-0093) puberty may be transported together. (2) Nonhuman primates of different §3,88 Primary conveyances (motor ve- species must not be transported in ad- hide,rail,air,and marine). jacent or connecting primary enclo- (a) The animal cargo space of pri- sures. mary conveyances used to transport (e) Space requirements. Primary enclo- nonhuman primates must be designed, sures used to transport nonhuman pri- constructed, and maintained in a man- mates must be large enough so that ner that at all times protects the each animal contained in the primary health and well-being of the animals enclosure has enough space to turn transported in it, ensures their safety around freely in a normal manner and and comfort, and prevents the entry of to sit in an upright, hands down posi- engine exhaust from the primary con- Lion without its head touching the top veyance during transportation. of the enclosure. However, certain larg- (b)The animal cargo space must have er species may be restricted in their a supply of air that is sufficient for the movements, in accordance with proles- normal breathing of all the animals sionally accepted standards of care, when greater freedom of movement being transported in it. would be dangerous to the animal, its (c) Each primary enclosure contain- handler, or to other persons. ing nonhuman primates must be posi- (f) Marking and labeling. Primary en- tinned in the animal cargo space in a closures, other than those that are per- manner that provides protection from manently affixed to a conveyance, the elements and that allows each must be clearly marked in English on nonhuman primate enough air for nor- the top and on one or more sides with mal breathing. the words "Wild Animals," or "Live (d) During air transportation, the Animals," in letters at least 1 inch (2.5 ambient temperature inside a primary cm.) high, and with arrows or other conveyance used to transport markings to indicate the correct up- nonhuman primates must be main- right position of the primary enclo- tained at a level that ensures the sure. Permanently affixed primary en- health and well-being of the species closures must be clearly marked in housed, in accordance with generally English with the words "Wild Ani- accepted professional and husbandry mals" or "Live Animals," in the same practices, at all times a nonhuman pig- manner. mate is present. 82 Animal and Plant Health Inspection Service, USDA §3.90 (e) During surface transportation, before being transported in commerce. the ambient temperature inside a pri- Consignors who are subject to the Ani- mary conveyance used to transport mal Welfare regulations (9 CFR parts 1, nonhuman primates must be main- 2, and 3) must certify that each tained between 45 °F (7.2 °C) and 85 °F nonhuman primate was offered food (30 °C) at all times a nonhuman pri- and potable water within the 4 hours mate is present. preceding delivery of the nonhuman (f) A primary enclosure containing a primate to a carrier or intermediate nonhuman primate must be placed far handler for transportation in com- enough away from animals that are merce, and must certify the date and predators or natural enemies of time the food and potable water was of- nonhuman primates, whether the other fered, in accordance with §3.86(c) of animals are in primary enclosures or this subpart. not, so that the nonhuman primate (b) Any dealer, exhibitor, or research cannot touch or see the other animals. facility, including a Federal research (g) Primary enclosures must be posi- facility, offering a nonhuman primate tioned in the primary conveyance in a to a carrier or intermediate handler for manner that allows the nonhuman pri- transportation in commerce must se- mates to be quickly and easily re- curely attach to the outside of the pri- moved from the primary conveyance in mary enclosure used for transporting an emergency. the nonhuman primate, written in- (h) The interior of the animal cargo structions for a 24-hour period for the space must be kept clean in-transit food and water requirements (i) Nonhuman primates must not be of the nonhuman primate(s) contained transported with any material, sub- in the enclosure.The instructions must stance (e.g., dry ice), or device in a be attached in a manner that makes manner that may reasonably be ex- them easily noticed and read. pected to harm the nonhuman primates (c) Food and water receptacles must or cause inhumane conditions. be securely attached inside the pri- mary enclosure and placed so that the $3.89 Food and water requirements. receptacles can be filled from outside (a) Each nonhuman primate that is 1 of the enclosure without opening the year of age or more must be offered door. Food and water receptacles must foods at least once every 24 hours. be designed, constructed, and installed Each nonhuman primate that is less so that a nonhuman primate cannot than 1 year of age must be offered food leave the primary enclosure through at least once every 12 hours. Each the food or water opening. nonhuman primate must be offered po- (Approved by the Office of Management and table water at least once every 12 Budget under control number 0579-0093) hours. These time periods apply to dealers, exhibitors, and research facili- §3.90 Care in transit. ties, including Federal research facili- (a) Surface transportation (round and ties, who transport nonhuman prima- water). Any person subject to the Ani- tes in their own primary conveyances, mal Welfare regulations(9 CFR parts 1, starting from the time the nonhuman 2, and 3) transporting nonhuman pri- primate was last offered food and pota- mates in commerce must ensure that ble water before transportation was the operator of the conveyance or a begun. These time periods apply to car- person accompanying the operator of riers and intermediate handlers start- the conveyance observes the nonhuman ing from the date and time stated on primates as often as circumstances the certification provided under allow, but not less than once every 4 §3.86(c) of this subpart. Each hours, to make sure that they have suf- nonhuman primate must be offered Relent air for normal breathing, that food and potable water within 4 hours the ambient temperature is within the limits provided in §3.88(d) of this sub- &Proper food for purposes of this section is part, and that all other applicable described 1n §3.82 of this subpart, with the standards of this subpart are being necessities and circumstances of the mode of complied with. The regulated person travel taken into account. transporting the nonhuman primates 83 §3.91 9 CFR Ch. 1 (1-1-99 Edition) must ensure that the operator or the or until the animal is returned to the person accompanying the operator de- consignor. termines whether any of the nonhuman primates are in obvious physical dis- §3.91 Terminal facilities. tress, and obtains any veterinary care (a) Placement. Any persons subject to needed for the nonhuman primates at the Animal Welfare regulations (9 CFR the closest available veterinary facil- parts 1, 2, and 3) must not commingle ity. shipments of nonhuman primates with (b) Air transportation. During air inanimate cargo or with other animals transportation of nonhuman primates, in animal holding areas of terminal fa- it is the responsibility of the carrier to cilitfes. Nonhuman primates must not observe the nonhuman primates as fre- be placed near any other animals, in- quently as circumstances allow, but eluding other species of nonhuman pri- not less than once every 4 hours if the mates, and must not be able to touch animal cargo area is accessible during or see any other animals, including flight. If the animal cargo area is not other species of nonhuman primates. accessible during flight, the carrier (b)Cleaning, sanitization, and pest con- must observe the nonhuman primates trol. All animal holding areas of termi- whenever they are loaded and unloaded nal facilities must be cleaned and sani- and whenever the animal cargo space is tized in a manner prescribed in otherwise accessible to make sure that §3.84(b)(3) of this subpart, as often as the nonhuman primates have sufficient necessary to prevent an accumulation air for normal breathing, that the am- of debris or excreta and to minimize bient temperature is within the limits vermin infestation and disease hazards. provided in§3.88(d) of this subpart, and Terminal facilities must follow an ef- that all other applicable standards of fective program in all animal holding this subpart are being complied with. areas for the control of insects, The carrier must determine whether ectoparasites, and birds and mammals any of the nonhuman primates is in ob- that are pests of nonhuman primates. vious physical distress, and arrange for (c) Ventilation. Ventilation must be any needed veterinary care for the provided in any animal holding area in nonhuman primates as soon as pos- a terminal facility containing sible. nonhuman primates by means of win- (c) If a nonhuman primate is obvi- dows, doors, vents, or air conditioning. ously ill, injured, or in physical dis- The air must be circulated by fans, tress, it must not be transported in blowers, or air conditioning so as to commerce, except to receive veterinary minimize drafts, odors, and moisture care for the condition. condensation. Auxiliary ventilation, (d) During transportation in com- such as exhaust fans, vents, fans, blow- merce, a nonhuman primate must not ers, or air conditioning, must be used be removed from its primary enclosure in any animal holding area containing unless it is placed in another primary nonhuman primates when the ambient enclosure or a facility that meets the temperature is 85°F (29.5°C) or higher. requirements of §3.80 or §3.87 of this (d) Temperature. The ambient tem- subpart. Only persons who are experi- perature in an animal holding area enced and authorized by the shipper, or containing nonhuman primates must authorized by the consignor or the con- not fall below 45°F (7.2°C) or rise above signee upon delivery, if the animal is 85°F (29.5°C) for more than four con- consigned for transportation, may re- secutive hours at any time nonhuman move nonhuman primates from their primates are present. The ambient primary enclosure during transpor- temperature must be measured in the tation in commerce, unless required for animal holding area by the carrier, in- the health or well-being of the animal. termediate handler, or a person trans- (e) The transportation regulations porting nonhuman primates who is contained in this subpart must be com- subject to the Animal Welfare regula- plied with until a consignee takes tions (9 CFR parts 1, 2, and 3), outside physical delivery of the animal if the any primary enclosure containing a animal is consigned for transportation, nonhuman primate at a point not more 84 Animal and Plant Health Inspection Service, USDA §3.92 than 3 feet (0.91 m.) away from an out- nonhuman primates are placed to move side wall of the primary enclosure, on a them must be covered to protect the level that is even with the enclosure animals when the outdoor temperature and approximately midway up the side falls below 45°F (7.2°C). A nonhuman of the enclosure. primate must not be exposed to an am- (e) Shelter. Any person subject to the bient air temperature below 45°F Animal Welfare regulations (9 CFR (7.2°C) for a period of more than 45 parts 1, 2, and 3) holding a nonhuman minutes, unless it is accompanied by a primate in an animal holding area of a certificate of acclimation to lower terminal facility must provide the fol- temperatures as provided in §3.86(e) of lowing: this subpart. The ambient temperature (1) Shelter from sunlight and extreme must be measured in the manner pro- heat. Shade must be provided that is vided in§3.91(d)of this subpart. sufficient to protect the nonhuman pri- mate from the direct rays of the sun. (b) Any person handling a primary (2) Shelter from rain or snow. Suffi- enclosure containing a nonhuman pri- cient protection must be provided to mate must use care and must avoid allow nonhuman primates to remain causing physical harm or distress to dry during rain, snow, and other pre- the nonhuman primate. cipitation. (1) A primary enclosure containing a (f) Duration. The length of time any nonhuman primate must not be placed person subject to the Animal Welfare on unattended conveyor belts or on ele- regulations(9 CFR parts 1,2, and 3)can vated conveyor belts, such as baggage hold a nonhuman primate in an animal claim conveyor belts and inclined con- holding area of a terminal facility veyor ramps that lead to baggage claim upon arrival is the same as that pro- areas, at any time; except that a pri- vided in§3.86(f)of this subpart. mary enclosure may be placed on in- clined conveyor ramps used to load and §3.92 Handling. unload aircraft if an attendant is (a) Any person subject to the Animal present at each end of the conveyor Welfare regulations (9 CFR parts 1, 2, belt. and 3) who moves (including loading (2) A primary enclosure containing a and unloading) nonhuman primates nonhuman primate must not be tossed, within, to, or from the animal holding dropped, or needlessly tilted, and must area of a terminal facility or a primary not be stacked in a manner that may conveyance must do so as quickly and reasonably be expected to result in its efficiently as possible, and must pro- falling. It must be handled and posi- vide the following during movement of tioned in the manner that written in- the nonhuman primate: structions and arrows on the outside of (1) Shelter from sunlight and extreme the primary enclosure indicate. heat. Sufficient shade must be provided (c) This section applies to movement to protect the nonhuman primate from of a nonhuman primate from primary the direct rays of the sun. A nonhuman primate must not be exposed to an am- conveyance to primary conveyance, bient temperature above 85°F (29.5°C) within a primary conveyance or termi- for a period of more than 45 minutes nal facility, and to or from a terminal while being moved to or from a pri- facility or a primary conveyance. mary conveyance or a terminal facil- (Approved by the office of Management and ity, The ambient temperature must be Budget under control number 0579-0093) measured in the manner provided in §3.91(d) of this subpart. Subpart E—Specifications for the (2) Shelter from rain or snow. Suffi- Humane Handling, Care, cient protection must be provided to Treatment, and Transportation allow nonhuman primates to remain Sp0 dry during rain, snow, and other pre- of Marine Mammals cipitation. (3) Shelter from cold temperatures. SOURCE: 44 FR 36874, June 22, 1979, unless Transporting devices on which otherwise noted. 85 §3.100 9 CFR Ch. I (1-1-99 Edition) FACILITIES AND OPERATING STANDARDS mine whether the granting of a vari- ance would cause a situation detrimen- 03.100 Special considerations regard- tal to the health and well-being of the ing compliance and/or variance. marine mammals involved. The cost of (a) All persons subject to the Animal such report is to be paid by the appli- Welfare Act who maintain or otherwise cant. handle marine mammals in captivity (d) Variances granted for facilities must comply with the provisions of because of ill or infirm marine mam- this subpart, except that they may mals that cannot be moved without apply for and be granted a variances placing their well-being in jeopardy, or by the Deputy Administrator, from one for facilities within 0.3048 meters (1 or more specified provisions of §3.104. foot) of compliance with any space re- The provisions of this subpart shall not quirement may be granted for up to the apply, however, in emergency cir- life of the marine mammals involved. cumstances where compliance with one or more requirements would not serve Otherwise, variances shall be granted the best interest of the marine mam- for a period not exceeding July 30, 1986, mals concerned. Provided, however, That under cir- (b) An application for a variance cumstances deemed justified by the must be made to the Deputy Adminis- Deputy Administrator, a maximum ex- trator in writing. The request must in- tension of 1 year may be granted to at- elude: tain full compliance. A written request (1) The species and number of ani- for the extension must be received by mals involved, the Deputy Administrator by May 30, (2) A statement from the attending 1986. Consideration for extension by the veterinarian concerning the age and Deputy Administrator will be limited health status of the animals involved, to unforeseen or unusual situations and concerning whether the granting of such as when necessary public funds a variance would be detrimental to the cannot be allocated in an appropriate marine mammals involved, time frame for a facility to attain full (3) Each provision of the regulations compliance by July 30, 1986. that is not met, (e) The Deputy Administrator shall (4) The time period requested for a deny any application for a variance if variance, he determines that it is not justified (5) The specific reasons why a vari- under the circumstances or that allow- ance is requested, and ing it will be detrimental to the health (6) The estimated cost of coming into and well-being of the marine mammals compliance, if construction is involved. (c) After receipt of an application for involved. a variance, the Deputy Administrator (0 Any facility housing marine mam- may require the submission in writing mals that does not meet all of the of a report by two experts rec- apace requirements as of July 30, 1984, ommended by the American Associa- must meet all of the requirements by tion of Zoological Parks and Aquar- September 28, 1984, or may operate iums and approved by the Deputy Ad- without meeting such requirements ministrator concerning potential ad- until action is taken on an application verse impacts on the animals involved for a variance if the application is sub- or on other matters relating to the ef- mitted to the Deputy Administrator on fects of the requested variance on the or before September 28, 1984. health and well-being of such marine (g) A research facility may be grant- mammals. Such a report will be re- ed a variance from specified require- quired only in those cases when the ments of this subpart when such vari- Deputy Administrator determines that ance is necessary for research purposes such expertise is necessary to deter- and is fully explained in the experi- mental design. Any time limitation "Written permission from the Deputy Ad- stated in this section shall not be ap- ministrator to operate as a licensee or reg- plicable in such case. istrant under the Act without being in full compliance with one or more specified provi- [49 FR 26681, June 28, 1984; 63 FR 2, Jan. 2, sions of§3.104. 1998] 86 Animal and Plant Health Inspection Service, USDA §3.102 ¢3.101 Facilities,general. (c) Drainage. (1) Adequate drainage Construction requirements. (1) In- shall be provided for all primary enclo- (a)door and outdoor housing facilities for sure allof pools and t shall contained b located in suchs pools thas marine mammals shall be structurally may l the water nec- sound and shall be maintained in good be rapidly c eliminated when for repair, to protect the animals from in- essary for purposes.s Draignage agthe pools effluento m jury, to contain the animals, and to re- primary prenclosure eapools be from strict the entrance of unwanted ani- sed nmpools t m dies mals. Posed of in a manner that complies with all applicable Federal, State, and (2) All marine mammals shall be pro- local pollution control laws. vided with protection from abuse and (2)Drainage shall be provided for pri- harassment by the viewing public by mary enclosures and areas imme- the use of a sufficient number of em- diately surrounding pools. Drains shall ployees or attendants to supervise the be located so as to rapidly eliminate viewing public, or by physical barriers, excess water (except in pools). Such such as fences, walls, glass partitions, drainage effluent shall be disposed of in or distance, or both. a manner that complies with all appli- (3) Any primary enclosure pool, ex- cable Federal, State, and local pollu- cept for natural seawater pools subject tion control laws. to tidal action, shall be constructed of (d) Storage. Supplies of food shall be materials having a nonporous, water- stored in facilities which adequately proof finish, which facilitate proper protect such supplies from deteriora- cleaning and disinfection, and shall be tion, molding, or contamination by maintained in good repair as part of a vermin. Refrigerators and freezers regular ongoing maintenance program. shall be used for perishable food. No Any ramps or haul-out areas for pri- substances which are known to be or mary enclosure pools, and any natural may be toxic or harmful to marine seawater pools subject to tidal action, mammals shall be stored or main- shall be constructed of materials which tained in the marine mammal food facilitate proper cleaning and disinfec- storage areas. tion and shall be maintained in good (e) Waste disposal. Provision shall be repair as part of a regular ongoing made for the removal and disposal of maintenance program. animal and food wastes, dead animals, (4) Facilities which utilize natural trash, and debris. Disposal facilities water areas, such as tidal basins, bays, shall be provided and operated in a or estuaries (subject to natural tide- manner which will minimize vermin in- water action) used for housing marine festation, odors, and disease hazards. mammals shall be exempt from the All waste disposal procedures must drainage requirements of paragraph comply with all applicable Federal, (c)(1) of this section, but they must State, and local laws pertaining to po1- meet the minimum standards with re- lution control, protection of the envi- gard to space, depth, and sanitation. ronment, and public health. The water must be monitored for coli- (f) Washroom facilities. Facilities such forms and for ph and chemical content, as washrooms, basins, showers, or if chemicals are added. sinks, shall be provided to maintain (b) Water and power supply. Reliable cleanliness among employees and at- and adequate sources of water and elec- tendants. trio power shall be provided by the fa- [44 FR 36874, June 22, 1979, as amended at 44 cility housing marine mammals. Writ- FR 63492, Nov. 2, 1979; 49 FR 26682, June 28, ten contingency plans must be submit- 1984) ted to and approved by Veterinary Services regarding emergency sources ¢3.102 Facilities,indoor. of water and electric power in the (a) Ambient temperature. The air and event of failure of the primary sources, water temperatures in indoor facilities when such failure could reasonably be shall be sufficiently regulated by heat- expected to be detrimental to the good ing or cooling to protect the marine health and well-being of the marine mammals from extremes of tempera- mammals housed therein. ture, to provide for their good health 87 §3.103 9 CFR Ch. I (1-1-99 Edition) and well-being and to prevent discom- therein. The following requirements fort, in accordance with the currently shall be applicable to all outdoor pools. accepted practices as cited in appro- (1) The water surface of pools in out- priate professional journals or ref- door primary enclosures housing polar erence guides, depending upon the spe- bears and ice or cold water dwelling des housed therein. Rapid changes in species of pinnipeds shall be kept suffi- air and water temperatures shall be ciently free of solid ice to allow for avoided. entry and exit of the animals. (b) Ventilation. Indoor housing facili- (2) The water surface of pools in out- ties shall be ventilated by natural or door primary enclosures housing artificial means to provide a flow of cetaceans and sea otters shall be kept fresh air for the marine mammals and free of ice. to minimize the accumulation of chlo- (3) No sirenian or warm water dwell- rine fumes, other gases, and objection- ing species of pinnipeds or cetaceans able odors. A vertical air space averag- shall be housed in outdoor pools where ing at least 1.83 meters (6 feet) shall be water temperature cannot be main- maintained in all primary enclosures tained within the temperature range to housing marine mammals, including meet their needs. pools of water. (b) Shelter. Natural or artificial shel- (c) Lighting. Indoor housing facilities ter which is appropriate for the species for marine mammals shall have ample concerned, when the local climatic lighting, by natural or artificial conditions are taken into consider- means, or both, of a quality, distribu- ation, shall be provided for all marine tion, and duration which is appropriate mammals kept outdoors to afford them for the species involved. Sufficient protection from the weather or from lighting must be available to provide direct sunlight. uniformly distributed illumination which is adequate to permit routine in- 03.104 Space requirements. spections, observations, and cleaning of (a) General. Primary enclosures, in- all parts of the primary enclosure in- eluding pools of water housing marine eluding any den areas. The lighting mammals, shall comply with the mini- shall be designed so as to prevent over- mum space requirements prescribed by exposure of the marine mammals con- this part. They shall be constructed tained therein to excessive illumina- and maintained so that the animals tion.7 contained therein are provided with [44 FR 36874, June 22, 1979; 63 FR 2, Jan. 2, sufficient space, both horizontally and 1998) vertically so that they are able to make normal postural and social ad- §3.103 Facilities,outdoor. justments with adequate freedom of (a) Environmental temperatures. Ma- movement, in or out of the water. An rine mammals shall not be housed in exception to these requirements is pro- outdoor facilities unless the air and vided for in §3.110, "Veterinary care." water temperature ranges which they Primary enclosures smaller than re- may encounter during the period they quired by the standards are also al- are so housed do not adversely affect lowed to be used for temporary holding their health and comfort. A marine purposes such as training and transfer. mammal shall not be introduced to an Such enclosures shall not be used for outdoor housing facility until it is ac- permanent housing purposes or for pe- climated to the air and water tempera- Hods longer than specified by an at- ture ranges which it will encounter tending veterinarian. (b) Cetaceans. Primary enclosures housing cetaceans shall contain a pool 'Lighting intensity and duration must be of water and may consist entirely of a consistent with the general well-being and pool of water. In determining the mini- comfort of the animal involved. When pos- mum space required in a pool holding Bible, it should approximate the lighting cetaceans, four factors must be setts- conditions encountered by the animal in its natural environment. At no time shall the fied. These are MHD, depth, volume, lighting be such that it will cause the animal and surface area. For the purposes of discomfort or trauma, this subpart, cetaceans are divided into 88 Animal and Plant Health Inspection Service, USDA §3.104 Group I cetaceans and Group II Group I cetacean housed therein, cetaceans as shown in Table III in this whichever is greater. section. (if) The MHD of a pool for Group II (1)(1) The required minimum horizontal cetaceans shall be 7.32 meters(24.0 feet) dimension (MHD) of a pool for Group I or four times the average adult length cetaceans shall be 7.32 meters(24.0 feet) of the longest species of cetacean to be or two times the average adult length housed therein (as measured in a par- of the longest species of Group I ceta- allel or horizontal line from the tip of cean housed therein (as measured in a its upper jaw, or from the most ante- parallel or horizontal line, from the tip rior portion of the head in bulbous of its upper jaw, or from the most ante- headed animals, to the notch in the nor portion of the head in bulbous tail fluke), whichever is greater; except that such MHD measurement may be headed animals, to the notch in the reduced from the greater number by up tail flukes), whichever is greater; ex- to 20 percent if the amount of the re- cept that such MHD measurement may duction is added to the MHD at the 90- be reduced from the greater number by degree angle and if the minimum vol- up to 20 percent if the amount of the ume and surface area requirements are reduction is added to the MHD at the met based on an MHD of 7.32 meters 90-degree angle and if the minimum (24.0 feet) or four times the average volume and surface area requirements adult length of the longest species of are met based on an MHD of 7.32 me- Group II cetacean housed therein, ters(24.0 feet) or two times the average whichever is greater. adult length of the longest species of (iii) In a pool housing a mixture of Group I and Group II cetaceans, the MHD shall be the largest required for e The body length of a Monodon manoceros any cetacean housed therein. (narwhale) is measured from the tip of the upperincisor tooth to the notch in the tall (iv) Once the required MHD has been upper fluke. If the upper incisor is absent or does satisfied, the pool size may be required not extend beyond the front of the head,then to be adjusted to increase the surface it is measured like other cetaceans,from the area and volume when cetaceans are tip of the upper jaw to the notch in the tail added. Examples of MHD and volume fluke. Immature males should be anticipated requirements for Group I cetaceans are to develop the "tusk" (usually left incisor shown in Table I, and for Group II tooth)beginning at sexual maturity. cetaceans in Table II. 89 §3.104 9 CFR Ch. I (1-1-99 Edition) TABLE I—GROUP I CETACEANS' Representative average adult Minimum horizontal dimen- Minimum required depth Volume of water required for lengths slon(MHD) each additional cetacean in ex- cess of two Meters Feet Meters Feet Meters Feet Cubic meters feet 1.68 55 7.32 24 1.83 6 8.11 284.95 2.29 7.5 7.32 24 1.83 6 15.07 529.87 2.74 9.0 7.32 24 1.83 6 21.57 763.02 3.05 10.0 7.32 24 1.83 6 26.73 942.00 3.51 11.5 7.32 24 1.83 6 35.40 1,245.79 3.66 12.0 7.32 24 1.83 6 38.49 1,356.48 4.27 14.0 8.53 28 2.13 7 60.97 2,15404 5.49 18.0 10.97 36 2.74 9 129.65 4,578.12 5.64 18.5 11.28 37 2.82 9.25 140.83 4,970.33 5.79 19.0 11.58 38 2.90 9.50 152.64 5,384.32 6.71 22.0 13.41 44 3.36 11 237.50 8,358.68 6.86 22.5 13.72 45 3.43 11.25 253.42 8,941.64 7.32 24.0 14.63 48 3.66 12 307.89 10,851.64 8.53 28.0 17.07 56 4.27 14 487.78 17,232.32 'All calculations are rounded o8 to the nearest hundredth.In converting the length of cetaceans from feet to meters, 1 toot equals.3048 meter.Due to rounding of meter figures as to the length of the cetacean,the correlation of meters to feet in subse- quent calculations of MHO and additional volume of water required per cetacean,over two,may vary slightly from a strict feet to meters ratio.Cubic meters is based on:1 cubic foot=0.0283 cubic meter. TABLE II-GROUP II CETACEANS 1 Representative average adult Minimum horizontal dimen- Minimum required depth Volume of water required for length sion(MHD) each additional cetacean in ex- cess of four Meters Feet Meters Feet Meters Feet Cubic me- Cubic feet tars' 1.52 5.0 7.32 24 1.83 13.28 471.00 1.68 5.5 7.32 24 1.83 16.22 569.91 1.83 6.0 7.32 24 1.83 19.24 678.24 2.13 7.0 8.53 28 1.83 26.07 923.16 2.29 7.5 9.14 30 1.83 30.13 1,059.75 2.44 8.0 9.75 32 1.83 34.21 1,205.76 2.59 8.5 10.36 34 1.83 38.55 1,361.19 2.74 9.0 10.97 36 1.83 43.14 1,526.04 'Converting cubic feel to cubic meters is based on:1 cubic foot=0.0283 of a cubic meter. 90 Animal and Plant Health Inspection Service, USDA §3.104 TABLE III—AVERAGE ADULT LENGTHS OF MARINE MAMMALS MAINTAINED IN CAPTIVITY 1 Average adult length Species Common name In me- In feet tars Group I Cetaceans: Balaenopfere aculorostafa Minks whale 8.50 27.9 Cepnebrhynchus conrnarsonii Commerson's dolphin 1.52 5.0 Delphlnapfenm buses Beluga whale 4.27 14.0 Monodos,monocems Narwhal. 3.96 13.0 Gbbicephele mittens Long.finned pilot whale.. 5.79 19.0 Gbblcephela macrorhynd,us Short-firmed pilot whale 5.49 18.0 Grampus gnseus Rlsao's dolphin 3.68 12.0 Drcbus orca Killer whale 7.32 24.0 Pseudorca caressidens False killer whale 4.35 14.3 Turaiops fruraafus(Atlantic) BoBbnose dolphin 2.74 9.0 Turaiops kinetics(Pacific) Bodlenose dolphin 3.05 10.0 Inia geofiensis Amazon porpoise 2.44 8.0 Phacoena phocoena . Harbor porpoise 1.68 5.5 Pontoporia btebvdki Franciscana 1.52 5.0 So/aia ttuvtefdds Tucuxi.. 1.68 5.5 Pktankfa,all species River dolphin 2.44 8.0 Group II Cetaceans: Delphinus delphis Common dolphin . 2.59 8.5 Forma attenuate Pygmy killer whale 2.44 8.0 Kogk breviceps Pygmy sperm whale 3.96 13.0 Kogia sinks Dwarf sperm ale 2.90 9.5 Lagenorb nchus aculus Atlantic white-sided haded dolphin . 2.90 9.5 Lagenorhynchus cn,c/ger Hourglass dolphin 1.70 5.6 Lagenorhync'hus obliquidens Pacific white-sided dolphin 2.29 7.5 Lagenortynchus albirostrls White-beaked dolphin 2.74 9.0 Lagenodryndhus obscun,s Duskey dolphin 2.13 7.0 Lissodelphis borealis Northam right whale dolphin 2.74 9.0 Neophacaena phocaenoides Finless porpoise 1.83 6.0 Peponacephala elect- Melon-headed whale 2.74 9.0 Phocoenoides dalfi Dell's porpoise .. 2.00 6.5 Sfenelk iongimshis Spinner dolphin 2.13 7.0 Startle coentleoalba Striped dolphin . 2.29 7.5 Stoned..attenuate Spotted dolphin 2.29 7.5 Stands pbglodon Spotted dolphin 2.29 7.5 Steno bredan-psis Rough-toothed dolphin 2.44 8.0 +This table contains the species of marine mammals known by the Department to be presently in captivity or that are likely to become captive in the future.Anyone who is subject to the Animal Welfare Act having species of marine mammals in caphvrty which are not Included in this table should consult the Deputy Administrator with regard to the average adult length of such animals. Average adult length Species Common name In meters In feet Male Female Male Female Group I Pinnipeds: Ardocephalus gazelle" Antarctic Fur Seal 1.80 1.20 5.9 3.9 Arebceplbhu top/cats- Amsterdam Island Fur Seal 1.80 1.45 5.9 4.75 Arctocephalus aoatalk" . South American Fur Seal 1.88 1.42 6.2 4.7 Arctocephalue postale** Cape Fur Seal 2.73 1.83 8.96 6.0 Callorhlnus°minus" Northern Fur Seal 2.20 1.45 7.2 4.75 Eumebples lubafua" Slaters Sea Lion 2.86 2.40 9.4 7.9 Hydrurga lepbnyx . Leopard Seal 2.90 3.30 9.5 10.8 Mlmungs angustlmstls" Northern Elephant Seal 3.96 2.49 13.0 8.2 Mirounga leonine" Southern Elephant Seal 4.67 2.50 15.3 8.2 Odobenus remnants*' Walrus 3.15 2.60 10.3 8.5 Orate davescens" South American Sea Lion 2.40 2.00 7.9 6.6 Phoca casplca Caspian Seal 1.45 1.40 4.75 4.6 Phoca fascists Ribbon Seal 1.75 1.68 5.7 5.5 Phoca large Harbor Seal 1.70 1.50 5.6 4.9 Phoca vitulina Habor Seal 1.70 1.50 5.6 4.9 Zabphus calibmianus California Sea Lion 2.24 1.75 7.3 5.7 Naddroenm giwus" Grar Seal 2.30 1.95 7.5 6.4 Phoca skates Baikal Seal 170 1.85 5.6 6.1 Phaca gmen/andbs Harp Seal 1.85 1.85 6.1 6.1 Leptony+choles weddedl' Weddell Seal 2.90 3.15 9.5 10.3 Lobodon carcinophsgus" Crabeater Seal 2.21 2.21 7.3 7.3 91 §3.104 9 CAR Ch. I (1-1-99 Edition) Average adult length Species Common name In meters In feet Male Female Male Female Ommatophoca rose' Ross Seal 1.99 2.13 6.5 7.0 Group II Pinnipeds: Erignathus barbatus . Bearded Seal 2.33 2.33 7.8 7.6 Phoca hispida Ringed Seal .. 1.35 1.30 4.4 4.3 Cystophora citrate Hooded Seal 2.60 2.00 8.5 6.6 Note.—"Any Group I animals maintained together will be considered as Group II when the animals maintained together in- clude two or more sexually mature males from species marked with a double asterisk(")regardless of whether the sexually ma- ture males from the same species. Average adult length Species Common name In me- In feet ten Sirenia: Dugong dugong Dugong 3.35 11.0 Trichechus manatus West Indian Manatee 3.51 11.5 Trichechus inunguis Amazon Manatee . 2.44 8.0 Mustelidae. Enhydra lutris Sea Otter 1.25 4.1 (2) The minimum depth requirement for as well as the surface area may have to primary enclosure pools for all be adjusted to allow for additional cetaceans shall be one-half the average space necessary for such cetaceans. See adult length of the longest species to Tables I, II, and IV for volumes and be housed therein, regardless of Group surface area requirements. The addi- I or Group II classification, or 1.83 me- tional volume needed shall be based on ters(6.0 feet), whichever is greater, and the number and kind of cetaceans can be expressed as d=L/2 or 6 feet, housed therein and shall be determined whichever is greater. Those parts of in the following manner. the primary enclosure pool which do (i) The minimum volume of water re- not meet the minimum depth require- quired for up to two Group I cetaceans ment cannot be included when cal- is based upon the following formula: culating space requirements for 2 cetaceans. MHD\\ (3) Pool volume. A pool of water hous- Volume= 2 J x 3.14 x depth ing cetaceans which satisfies the MHD and which meets the minimum depth When there are more than two Group I requirement, will have sufficient vol- cetaceans housed in a primary enclo- ume and surface area to hold up to two sure pool, the additional volume of Group I cetaceans or up to four Group water required for each additional II cetaceans. If additional cetaceans Group I cetacean in excess of two is are to be added to the pool, the volume based on the following formula: Volume=(Average Adult Length)2 x 3.14 x depth 2 See Table I for required volumes. (ii) The minimum volume of water Volume=(MHD)2 required for up to four Group II 2 x 3.14 x depth cetaceans is based upon the following formula: 92 Animal and Plant Health Inspection Service, USDA §3.104 When there are more than four Group 2 II cetaceans housed in a primary enclo- MHD l sure pool, the additional volume of Volume= 2 J x 3.14 x depth water required for each additional Group II cetacean in excess of four is Then the volume necessary for the based on the following formula: cetaceans to be housed in the pool Volume=(Average Adult Length)ax3.14 x must be calculated (by obtaining the depth sum of the volumes required for each animal). If this volume is greater than See Table II for required volumes. that obtained by using the MHD and (iii) When a mixture of both Group I depth figures, then the additional vol- and Group II cetaceans are housed to- ume required may be added by enlarg- gather, the MHD must be satisfied as ing the pool in its lateral dimensions stated In §3.104(b)(1), and the minimum or by increasing its depth, or both. The depth must be satisfied as stated in minimum surface area requirements §3.104(b)(2). Based on these figures, the discussed next must also be satisfied. resulting volume must then be cal- (4)(i) The minimum surface area re- culated quirements for each cetacean housed in a pool, regardless of Group I or Group II classification, are calculated as fol- lows: Surface Area=(average adult bodylength 12 x 3.14 x 1.5, or: SA=(L/2)2 x 3.14 x1.5 In a pool containing more than two Group II cetaceans. Pool surfaces Group I cetaceans or more than four where the depth does not meet the Group II cetaceans,° the additional sur- minimum requirements cannot be used face area which may be required when in determining the required surface animals are added must be calculated area. for each such animal. (iii) Surface area requirements are (11) When a mixture of Group I and given in Table IV. Group U cetaceans are to be housed in a pool, the required MHD, depth, and TABLE IV—MINIMUM SURFACE AREA REQUIRED volume must be met. Then the required FOR EACH CETACEAN surface area must be determined for each animal in the pool. The sum of Average atilt length of each Surface area required for cetacean each cetacean these surface areas must then be com- pared to the surface area which is ob- Meters Feet Sq.meterssq.feet tained by a computation based on the 1.68 5.5 3.31 33.62 required MHD of the pool.'° The larger 2.13 7.0 5.36 57.70 2.29 7.5 6.15 66.23 of the two figures represents the sur- 2.59 8.5 7.95 66.23 face area which is required for a pool 2.74 9.0 8.86 95.38 housing a mixture of Group I and 3O5 10.0 10.94 117.75 3.51 11.5 14.47 155.72 3.66 12.0 15.75 169.56 aA pool containing up to two Group I 4.27 14.0 21.44 230.79 cetaceans or up to four Group II cetaceans 5.49 18.0 35.44 381.51 which meets the required MHD and depth 5.64 18.5 37.43 403.00 5.79 19.0 39.49 425.08 6.7 will have the necessary surface area and vol- 11 22.5 55.38 596. 1 ume required for the animals contained 6.66 22.5 55.38 596.111 therein. 7.32 24.0 63.01 678.24 1°Since the MHD represents the diameter 8.53 28.0 85.76 923.16 of a circle. the surface area based on the +Square meter=square feetJ9x0.8361. MHD is calculated by use of the following formula: (c) Sirenians. Primary enclosures SA=It x(MHD/2)a. housing sirenians shall contain a pool 93 §3.104 9 CFR Ch. 1 (1-1-99 Edition) of water and may consist entirely of a activity area shall be computed using pool of water. the following methods: (1) The required MHD of a primary (i) Group/pinnipeds. Square the aver- enclosure pool for sirenians shall be age adult length of each pinniped to be two times the average adult length of contained in the primary enclosure. the longest species of sirenian to be Add the figures obtained for each of the housed therein. Calculations shall be pinnipeds in the primary enclosure to based on the average adult length of determine the dry resting or social ac- such sirenians as measured in a hors- tivity area required for such pinnipeds. zontal line from the tip of the muzzle If only a single Group I pinniped is to the notch in the tail fluke of maintained in the primary enclosure, dugongs and from the tip of the muzzle the minimum dry resting or social ac- to the most distal point in the rounded tivity area shall be twice the square of tail of the manatee. the average adult length of that single (2) The minimum depth requirements Group I pinniped. Examples: for primary enclosure pools for all sire- nians shall be one-half the average (average adult length)2 of 1st Group I adult pinniped+(average adult length)2 of 2nd length of the longest species to Group I pinniped=Total DRA for two be housed therein, or 1.52 meters (5.0 pinnipeds feet), whichever is greater. Those parts DRA for one pinniped=2x(average adult of the primary enclosure pool which do length of Group I pinniped)2 not meet the minimum depth require- ments cannot be included when cal- (ii) Group II pinnipeds. List all culating space requirements for sire- pinnipeds contained in a primary en- nians. closure by average adult length in de- (3)A pool which satisfies the required standing order from the longest species MHD and depth shall be adequate for of pinniped to the shortest species of one or two sirenians. Volume and sur- pinniped. Square the average adult face area requirements for additional length of each pinniped. Multiply the animals shall be calculated using the average adult length squared sof e the same formula as for Group I cetaceans, longest pinniped by 1.5, the second except that the figure for depth re- longest by 1.4, the third longest by 1.3, quirement for sirenians shall be one- the fourth longest by 1.2, and the fifth byfol- half the average adult length or 1.52 longest ex 1.1, as indicated in the age meters (5.0 feet), whichever is greater. lowing example. Square the average (d) Pinnipeds. (1) Primary enclosures adult length of the sixth pinniped and fig- housing pinnipeds shall contain a pool each additional pinniped. Add the of water and a dry resting or social ac- ores primary a enclosured for the determine es in tivity area that must be close enough the required minimum to resting s the to the surface of the water to allow dry or social easy access for entering or leaving the activity area required for such pool. For the purposes of this subpart, pinnipeds. If only a single Group in II ry pinnipeds have been divided into Group pinniped ismaintainedthein the sting or I pinnipeds and Group II pinnipeds as enclosure, minimum dry computed asting or shown in Table III in this section. In social r minimum aci t must be certain instances some Group I for a of two pinnipeds. pinnipeds shall be considered as Group Examples: DRA for 1 Group II II pinnipeds. (See Table III). Pinniped=[(Average adult (2) The minimum size of the dry rest- length)2x1.5]+[(Average adult ing or social activity area of the pri- length)2x1.4] mary enclosure for pinnipeds (exclusive 1st pinniped (avg. adult length)2x1.5=social and 0RA re- of the pool of water) shall be based on guired 3nd iretl sped (avg. adult length)°x1 4=social and DRA re- the average adult length of each qu pinniped contained therein, as meas- 3rd pinniped (avg. adult lengthpx1.3=social and 0RA re- ured in a horizontal or extended posi- aulred tion in a straight line from the tip of 4th pinnipetl (avg. adult length)2x1.2=soclal and DRA re- its nose to the tip of its tail. The mini- gaped stquired pinniped (avg. adult lengln)2xll=social and DRA re- mum size of the dry resting or social 94 Animal and Plant Health Inspection Service, USDA §3.104 Each pinniped over 5(avg. adult length(%social and DRA (e) Polar bears. Primary enclosures required housing polar bears shall consist of a Total minimum social activity and dry resting area pool of water, a dry resting and social required for all pinnipeds housed in a primary en- activity area, and a den. A minimum of closure. 37.16 square meters (400 square feet) of dry resting and social activity area If all the pinnipeds in the primary en- shall be provided for up to two polar closure are of the same species, the bears, with an additional 3.72 square same descending order of calculation shall apply. Example: Hooded seal—av- meters (40 square feet) of dry resting erage adult length of male=8.5 feet and and social activity area for each addi- female=6.6 feet. In a primary enclosure tional polar bear. The dry resting and containing 2 males and 2 females, the social activity area shall be provided social or DRA required would be the with enough shade to accommodate all sum of [(8.5)2x1.5]+ [(8.5)24.4] of the polar bears housed in such pri- +[(6.6)2x1.3] +[(6.6)2x1.2]. mary enclosure at the same time. The If two or more sexually mature males pool of water shall have an MHD of not less than 2.44 meters (8.0 feet) and a are maintained together in a primary surface area of at least 8.93 square me- enclosure, the dry resting or social ac- tivity area shall be divided into two or ters (96.0 square feet) with a minimum depth of 1.52 meters (5.0 feet) with the more separate areas with sufficient vis- ual barriers (such as fences, rocks, or exception of any entry and exit area. foliage) to provide relief from aggres- This size pool shall be adequate for two polar bears. For each additional bear, sive animals. (iii) Mixture of Group I and Group II the surface area of the pool must be in- creased by 3.72 square meters(40 square pinnipeds. In a primary enclosure where a mixture of Group I and Group II feet). In measuring this additional aur- pinnipeds is to be housed, the dry rest- face area, parts of the pool which do ing or social activity area shall be cal- not meet minimum depth cannot be culated as for Group II pinnipeds. The considered. The den shall be at least dry resting or social activity area shall 1.83 meters (6 feet) in width and depth be divided into two or more separate and not less than 1.52 meters (5 feet) in areas with sufficient visual barriers height. It will be so positioned that the (such as fences, rocks, or foliage) to viewing public shall not be visible from provide relief from aggressive animals. the interior of the den. A separate den (3)(i) The minimum surface area of a shall be provided for each adult female pool of water for pinnipeds shall be at of breeding age which is permanently least equal to the dry resting or social housed in the same primary enclosure activity area required. with an adult male of breeding age. Fe- (ii) The MHD of the pool shall be at male polar bears in traveling acts or least one and one-half (1.5) times the shows must be provided a den when average adult length of the largest spe- pregnancy has been determined. cies of pinniped to be housed in the en- (f) Sea otters. (1) Primary enclosures closure; except that such MHD meas- for sea otters shall consist of a pool of urement may be reduced by up to 20 water and a dry resting area. The MHD percent if the amount of the reduction of the pool of water for sea otters shall is added to the MHD at the 90-degree be at least three times the average angle. adult length of the sea otter contained (iii) The pool of water shall be at therein (measured in a horizontal line least 0.91 meters (3.0 feet) deep or one- from the tip of its nose to the tip of its half the average adult length of the tail) and the pool shall be not less than longest species of pinniped contained .91 meters (3.0 feet) deep. When more therein, whichever is greater. Parts of than two sea otters are housed in the the pool that do not meet the mini- same primary enclosure, additional dry mum depth requirement cannot be used resting area as well as pool volume is in the calculation of the dry resting required to accommodate the addi- and social activity area, or as part of tional sea otters. (See Table V). the MHD or required surface area of (2) The minimum volume of water re- the pool. quired for a primary enclosure pool for 95 §3.105 9 CFR Ch. 1 (1-1-99 Edition) sea otters shall be based on the sea ot- be based on the sea otter's average ter's average adult length. The mini- adult length. The minimum dry resting mum volume of water required in the area for one or two sea otters shall be pool shall be computed using the fol- computed using the following method: lowing method: Multiply the square of Square the average adult length of the the sea otter's average adult length by sea otter and multiply the total by 3.14 and then multiply the total by 0.91 3.14. When the enclosure is to contain meters (3.0 feet). This volume is satis- more than two sea otters, the dry rest- factory for one or two otters. To cal- ing area for each additional animal culate the additional volume of water shall be computed by multiplying one- for each additional sea otter above two half of the sea otter's average adult in a primary enclosure, multiply one- half of the square of the sea otter's av- length by 3.14. Using 1.25 meters or 4.1 erage adult length by 3.14, then mul- feet (the average adult length of a sea tiply by 0.91 meters (3.0 feet). (See otter), the calculations for additional Table V). space will result in the following fig- (3) The minimum dry resting area re- ures: quired for one or two sea otters shall TABLE V—ADDITIONAL SPACE REQUIRED FOR EACH SEA OTTER WHEN MORE THAN TWO IN A PRIMARY ENCLOSURE Average adult length of sea otter Resting area Pool Volume Meters Feet Square meters Square Feet Cubic meters Cubic feet 1.25 4.1 1.96 6.44 2231 79.17 [44 FR 36874, June 22, 1979, as amended at 45 FR 63261, Sept. 24, 1980; 49 FR 26682, 26685, June 28, 1984;49 FR 27922,July 9,1984;63 FR 2,Jan.2, 1998;63 FR 47148, Sept.4, 1998] ANIMAL HEALTH AND HUSBANDRY knowledge to assure that each marine STANDARDS mammal receives an adequate quantity of food to maintain it in good health. *3.105 Feeding. Such employee or attendant is required (a) The food for marine mammals to have the ability to recognize devi- shall be wholesome, palatable, and free ations from a normal state of good from contamination, and shall be of health in each marine mammal so that sufficient quantity and nutritive value the food intake can be adjusted accord- to maintain all of the marine mam- ingly. Public feeding shall be only per- mals in a state of good health. The diet mitted if it is done in the presence and shall be prepared with consideration under the supervision of a uniformed for age, species, condition, size, and employee or attendant. Such employee type of marine mammal being fed. Ma- or attendant must assure that the ma- rine mammals shall be offered food at rine mammals are receiving the proper least once a day, except as directed by amount and type of food. Only food veterinary treatment or professionally supplied by the facility where the ma- accepted practices. rine mammals are kept shall be fed to (b) Food receptacles, if used, shall be such mammals by the public. located so as to be accessible to all ma- (d) Food preparation and handling rine mammals in the same primary en- shall be conducted so as to minimize closure and shall be placed so as to bacterial or chemical contamination minimize contamination of the food and to assure the wholesomeness and contained therein. Such food recep- nutritive value of the food. Frozen fish tacles shall be cleaned and sanitized or other frozen food shall be stored in after each use. freezers which are maintained at a (c) Food, when given to each marine maximum temperature of —18°C. mammal individually, shall be given by (0°F.). The length of time food is stored an employee or attendant responsible and the method of storage, as well as to management who has the necessary the thawing of frozen food, shall be 98 Animal and Plant Health Inspection Service, USDA §3.107 conducted in a manner which will min- within a range of 15-36 parts per thou- imize contamination and which will as- sand. sure that the food retains nutritive (d) Filtration and water flow. Water value and wholesome quality. The quality must be maintained by filtra- thawed product shall be kept iced or tion, chemical treatment, or other refrigerated until a reasonable time be- means so as to comply with the water fore feeding. All foods shall be fed to quality standards specified in this see- the marine mammals within 24 hours tion. following the removal of such foods from the freezers for thawing. 43.107 Sanitation. (a) Primary enclosures. (1) Animal and §3.106 Water quality. food waste in areas other than the pool (a) General. The primary enclosure of water shall be removed from the pri- shall not contain water which would be mary enclosure at least daily, and detrimental to the health of the ma- more often when necessary to prevent rine mammal contained therein. contamination of the marine mammals (b) Bacterial standards. (1) The coli- contained therein and to minimize dis- form bacteria count of the primary en- ease hazards. closure pool shall not exceed 1,000 MPN (2) Particulate animal and food (most probable number) per 100 ml. of `prima trash, or debris that enter the water. Should a coliform bacterial primary enclosure pool of water shall count be removed as often as necessary to exceed 1,000 MPN, two subse- quent samples may be taken at 48-hour maintain the required water quality intervals and averaged with the first and nt mammals a health hazards the sample. If such average count does not marine contained therein. a fall below 1,000 MPN, then the water in (3) The wall and bottom surfaces of ater the pool shall be deemed unsatisfac- the primcleaned ary enclosure asoften pool a weary tory, and the condition must be cor- shall maintain proper uas necessary rected immediately. (bto a water a quality. re- (2) When the water is chemically pt Food ontainei s,n areas and food ceptacles. Containers, such as buckets, treated, the chemicals shall be added tubs, and tanks, as well as utensils, so as not to cause harm or discomfort such as knives and cutting boards, or to the marine mammals. any other equipment which has been (3) Water samples shall be taken and used for holding, thawing or preparing tested at least weekly for coliform food for marine mammals shall be count and at least daily for pH and any cleaned and sanitized after each feed- chemical additives (e.g. chlorine and ing, if the marine mammals are fed copper) that are added to the water to once a day, and at least daily if the maintain water quality standards. Fa- marine mammals are fed more than cilities using natural seawater shall be once a day. Kitchens and other food exempt from pH and chemical testing handling areas where animal food is unless chemicals are added to maintain prepared shall be cleaned at least once water quality. However, they are re- daily and sanitized at least once every quired to test for coliforms. Records week. Sanitizing shall be accomplished must be kept documenting the time by washing with hot water (82° C., 180° when all such samples were taken and F., or higher) and soap or detergent in the results of the sampling. Records of a mechanical dishwasher, or by wash- all such test results shall be main- ing all soiled surfaces with a detergent tamed by management for a 1-year pe- solution followed by a safe and effec- riod and most be made available for in- tive disinfectant, or by cleaning all spection purposes on request. soiled surfaces with live steam. Sub- (c) Salinity. Primary enclosure pools stances such as cleansing and sanitiz- of water shall be salinized for marine ing agents, pesticides, and other poten- cetaceans as well as for those other tially toxic agents must be stored in marine mammals which require properly labeled containers away from salinized water for their good health food preparation surface areas. and well-being. The salinity of the (c) Housekeeping. Buildings and water in such pools shall be maintained grounds, as well as exhibit areas, shall 97 §3.108 9 CFR Ch. 1 (1-1-99 Edition) be kept clean and in good repair. (b)Any primary enclosure containing Fences shall be maintained in good re- a marine mammal with an infectious pair. Primary enclosures housing ma- or contagious disease shall be cleaned rine mammals shall not have any loose and sanitized in the manner prescribed objects, sharp projections, and/or edges by the attending veterinarian. No addi- which may cause injury or trauma to tional animals shall be introduced into the marine mammals contained there- the primary enclosure prior to such in. cleaning and sanitizing procedures. (d) Pest control. A safe and effective Any marine mammal exposed to a dis- program for the control of insects, eased animal shall be isolated for ob- ectoparasites, and avian and mamma- servation for an appropriate period of Tian pests shall be established and time as determined by the attending maintained. Insecticides or other such veterinarian. chemical agents shall not be applied in (c) Temporary holding facilities with a primary enclosure housing marine adequately and properly designed mammals except when deemed men- pools, tanks, restraining devices or pri- tial by an attending veterinarian. mary enclosures shall be provided for isolation, medication, treatment, and $3.108 Employees or attendants. other purposes such as transfer and A sufficient number of adequately training of marine mammals. The trained employees or attendants re- pools, tanks and primary enclosures sponsible to management shall be uti- may be less than minimum size in both lized to maintain the prescribed level lateral dimensions and depth when of husbandry practices set forth in this used in special situations when pre- subpart. Such practices shall be con- scribed by the professional staff for ducted under the supervision of a ma- temporary usage. rine mammal caretaker who has a (d) A complete necropsy must be con- background in marine mammal hus- ducted by or under the direct super- bandry and care. Training of marine vision of a veterinarian on all marine mammals shall be done by or under the mammals that die in captivity. A ne- direct supervision of experienced train- cropsy report must be prepared by the ers without physical punishment or veterinarian listing all pathologic le- abuse being used or inflicted upon the sions observed and giving the apparent marine mammals. cause of death. All diagnostic tests conducted on post mortem specimens §3.109 Separation. shall be listed in the report, and the re- Marine mammals which are not com- sults of each test recorded. The man- patible shall not be housed in the same agement of the facility, at which the enclosure. Marine mammals shall not marine mammal died, must maintain be housed near animals that would these necropsy records for a period of 3 cause them stress or discomfort, or years and present them to Department interfere with their good health. Cap- inspectors when requested. tive marine mammals must be given [44 FR 36874, June 22, 1979, as amended at 54 access to other animals except when FR 36163,Aug.31.1989] they are temporarily maintained in isolation for such purposes as medical *3.111 Swim-with-the-dolphin pro- treatment or training and given special grams. attention. Swim-with-the-dolphin programs shall comply with the requirements in $3.110 Veterinary care. this section, as well as with all other (a) Newly acquired marine mammals applicable requirements of the regula- shall be isolated from resident marine tions pertaining to marine mammals. mammals until such newly acquired (a) Space requirements. The primary marine mammals can be reasonably de- enclosure for SWTD cetaceans shall termined to be in good health. Any contain an interactive area, a buffer communicable disease condition in a area, and a sanctuary area. None of newly acquired marine mammal must these areas shall be made uninviting to be remedied before it is placed with the animals. Movement of cetaceans other resident marine mammals. into the buffer or sanctuary area shall 98 Animal and Plant Health Inspection Service, USDA §3.111 not be restricted in any way. Notwith- average adult body length of the spe- standing the space requirements set cies of cetacean used in the program; forth in §3.104, each of the three areas (2) The minimum surface area re- required for SWTD programs shall quired for each area is calculated as meet the following space requirements: follows: (1)The horizontal dimension for each (i) Up to two cetaceans: area must be at least three times the Surface Area(SA)=(3 x avenge adult body length(L))2 x 3.14 2 (ii) Three cetaceans: l (1) Licensee or manager—at least one full-time staff member with at least 6 2 years experience in a professional or SA—r 3 x L 1 x 3.14 x 2 managerial position dealing with cap- 2 /J tive cetaceans; (iii) Additional SA for each animal in (2) Head trainer/behaviorist—at least excess of three: one full-time staff member with at least 6 years experience in training 2 cetaceans for SWTD behaviors in the SA=(2x L)2 x3.14 past 10 years, or an equivalent amount 2 J of experience involving in-water train- ing of cetaceans, who serves as the (3)The average depth for sea pens, la- head trainer for the SWTD program; goons, and similar natural enclosures (3) Trainer/supervising attendant—at at low tide shall be at least 9 feet. The least one full-time staff member with average depth for any manmade enclo- at least 3 years training and/or han- sure or other structure not subject to dling experience involving human/ceta- tidal action shall be at least 9 feet. A cean interaction programs; portion of each area may be excluded (4) Attendant—an adequate number when calculating the average depth, of staff members who are adequately but the excluded portion may not be trained in the care, behavior, and used in calculating whether the inter- training of the program animals. At- active, buffer, and sanctuary area meet tendants shall be designated by the the requirements of paragraphs (a)(1), trainer, in consultation with the head (a)(2), and(a)(4) of this section. trainer/behaviorist and licensee/man- (4)The minimum volume required for ager, to conduct and monitor inter- each animal is calculated as follows: active sessions in accordance with Volume =SA x 9 §3.111(e); and (5) Attending veterinarian—at least (b) Water clarity. Sufficient water clarity shall be maintained so that at- one staff or consultant veterinarian who has at least the equivalent of 2 tendants a.re able to observe cetaceans years full-time experience (4,160 or and humans at all times while within more hours) with cetacean medicine the interactive area. If water clarity within the past 10 years, and who is li- does not allow these observations, the censed to practice veterinary medicine. interactive sessions shall be canceled (d) Program animals. Only cetaceans until the required clarity is provided. that meet the requirements of (c) Employees and attendants. Each §3.111(e)(2) and (3) may be used in SWTD program shall have, at the mini- SWTD programs. mum, the following personnel, with the (e)Handling. (1)Interaction time (i.e., following minimum backgrounds (each designated interactive swim sessions) position shall be held by a separate in- for each cetacean shall not exceed 2 dividual, with a sufficient number of hours per day. Each program cetacean attendants to comply with §3.111(e)(4)): shall have at least one period in each 24 99 §3.111 9 CFR Ch. 1 (1-1-99 Edition) hours of at least 10 continuous hours mine if changes in attendant positions without public interaction. are needed. (2) All cetaceans used in an inter- (7) All SWTD programs shall limit active session shall be adequately interaction between cetaceans and hu- trained and conditioned in human mans so that the interaction does not interaction so that they respond in the harm the cetaceans, does not remove session to the attendants with appro- the element of choice from the priate behavior for safe interaction. cetaceans by actions such as, but not The head trainer/behaviorist, trainer/ limited to, recalling the animal from supervising attendant, or attendant the sanctuary area, and does not elicit shall, at all times, control the nature unsatisfactory, undesirable, or unsafe and extent of the cetacean interaction behaviors from the cetaceans. All with the public during a session, using SWTD programs shall prohibit grasp- the trained responses of the program ing or holding of the cetacean's body, animal. unless under the direct and explicit in- (3) All cetaceans used in interactive struction of an attendant eliciting a sessions shall be in good health, includ- prevent the chasing or other harass- specific cetacean behavior, and shall ing, but not limited to, not being!nice-- ment of the cetaceans. tious. Cetaceans undergoing veterinary (8) In cases where cetaceans used in treatment may be used in interactive an interactive session exhibit unsatis- sessions only with the approval of the factory, undesirable, or unsafe behav- attending veterinarian. iors, including, but not limited to, (4) The ratio of human participants charging, biting, mouthing, or sexual to cetaceans shall not exceed 3:1. The contact with humans, such cetaceans ratio of human participants to attend- shall either be removed from the inter- ants or other authorized SWTD person- active area or the session shall be ter- nel (i.e., head trainer/behaviorist or minated. Written criteria shall be de- trainer/supervising attendant) shall veloped by each SWTD program, and not exceed 3:1. shall be submitted to and approved by (5)Prior to participating in an SWTD APHIS 11 regarding conditions and pro- interactive session, members of the cedures for maintaining compliance public shall be provided with oral and with paragraph (e)(4) of this section; written rules and instructions for the for the termination of a session when session, to include the telephone and removal of a cetacean is not possible; FAX numbers for APHIS, Animal Care, and regarding criteria and protocols for for reporting injuries or complaints. handling program animal(s) exhibiting Members of the public shall agree, in unsatisfactory, undesirable, or unsafe writing, to abide by the rules and in- behaviors, including retraining time structions before being allowed to par- and techniques, and removal from the ticipate in the session. Any participant Program and/or facility, if appropriate. who fails to follow the rules or instruc- The head trainer/behaviorist shall de- tions shall be removed from the session termine when operations will be termi- by the facility. nated, and when they may resume. In (6) All interactive sessions shall have the absence of the head trainer/ at least two attendants or other au- behaviorist, the determination to ter- thorized SWTD personnel (i.e., head urinate a session shall be made by the trainer/behaviorist or trainer/super- trainer/supervising attendant. Only the vising attendant). At least one attend- mine when a session may be resumed. head trainer/behaviorist may deter- ant shall be positioned out of the water. One or more attendants or other (f) Recordkeeping. (1) Each facility shall provide APHIS I2 with a descrip- authorized SWTD personnel may be po- tion of its program at least 30 days sitioned in the water. If a facility has prior to initiation of the program, or in more than two incidents during inter- active sessions within a year's time I,send to Administrator, c/o Animal and span that have been dangerous or Plant Health Inspection Service, Animal harmful to either a cetacean or a Care, 4700 River Road Unit 84, Riverdale, human, APHIS, in consultation with Maryland 20737-1234 the head trainer/behaviorist,will deter- IR See footnote 11 in§3.111(e)(8). 100 Animal and Plant Health Inspection Service, USDA §3.111 the case of any program in place before be made available to an APHIS official September 4, 1998, not later than Octo- upon request during inspection. ber 5, 1998. The description shall in- (4) The following records shall be elude at least the following: kept at the SWTD site for at least 3 (i) Identification of each cetacean in years and shall be made available to an the program, by means of name and/or APHIS official upon request during in- number, sex, age, and any other means spection: the Administrator determines to be (i) Individual cetacean feeding necessary to adequately identify the records; and cetacean; (ii) Individual cetacean behavioral (ii) A description of the educational records. content and agenda of planned inter- (5) The following reports shall be active sessions, and the anticipated av- kept at the SWTD site for at least 3 erage and maximum frequency and du- years and shall be made available to an ration of encounters per cetacean per APHIS official upon request during in- day; spection: (iii) The content and method of num- ber pre- of minutes per day that each ani- (i) Statistical summaries of the encounter orientation, rules, and in- structiona, including restrictions on mal participated in an interactive ses- types of physical contact with the sion; (11) A statistical summary of the cetaceans; (iv) A description of the SWTD facil- number of human participants per ity, including the primary enclosure month(6)A in the SWTD program; gaod and other SWTD animal housing or (6)the description of any which shallchges made be holding enclosures at the facility; in u SWTD program, semi-an- (v) A description of the training, in- submitted to APHIS on a cluding actual or expected number of null basis. hours each cetacean has undergone or (7) All incidents or humg in injury pr will undergo prior to participation in p ing either n ance interactive ntens humans , which pating in an session, which the program; shall be reported to APHIS within 24 (vi)The resume of the licensee and/or hours of the incident.14 Within 7 days manager, the head trainer/behaviorist, of any such incident, a written report the trainer/supervising attendant, any shall be submitted to the Adminis- other attendants, and the attending trator.ls The report shall provide a de- veterinarian; tailed description of the incident and (vii) The current behavior patterns shall establish a plan of action for the and health of each cetacean, to be as- prevention of further occurrences. sessed and submitted by the attending (g) Veterinary care. (1) The attending veterinarian; veterinarian shall conduct on-site eval- (viii) For facilities that employ a uations of each cetacean at least once part-time attending veterinarian or a month. The evaluation shall include consultant arrangements, a written a visual inspection of the animal; ex- program of veterinary care (APHIS amination of the behavioral, feeding, form 7002), including protocols and and medical records of the animal; and schedules of professional visits; and a discussion of each animal with an (ix) A detailed description of the animal care staff member familiar with monitoring program to be used to de- the animal. tect and identify changes in the behav- (2) The attending veterinarian shall for and health of the cetaceans. observe an interactive swim session at (2) All SWTD programs shall comply in all respects with the regulations and 13 See footnote 11 In§3.111(e)(8). standards set forth in parts 2 and 3 of 14 Telephone numbers for APHIS, Animal this subchapter. Care, regional offices can be found in local telephone booze. (3) Individual animal veterinary records, including all examinations, '6Se i footnote 11 in§3.111(e)(8). sureeit Wculat d may be measured for by scale : laboratory reports, treatments, and ne- or calculated using the following formulae: cropsy reports shall be kept at the Females: Natural log of body mass = -8.94 SWTD site for at least 3 years and shall 101 §3.112 9 CFR Ch. I (1-1-99 Edition) the SWTD site at least once each dividual file within 7 days after death month. for gross pathology and within 45 days (3) The attending veterinarian shall after death for histopathology. conduct a complete physical examina- tion of each cetacean at least once (Approved by the Office of Management and every 6 months. The examination shall Budget under control numbers 0579-0036 and include a profile of the cetacean, in- 0579-0115) cluding the cetacean's identification [63 FR 47148,Sept.4,1998] (name and/or number, sex, and age), weight,16 length, axillary girth, appe- TRANSPORTATION STANDARDStite, and behavior. The attending vet- erinarian shall also conduct a general §x•112 Consignments to carriers and examination to evaluate body condi- intermediate handlers. tion, skin, eyes, mouth, blow hole and (a) Carriers and intermediate han- cardio-respiratory system, genitalia, dlers shall not accept any marine and feces (gastrointestinal status). The mammal presented by any dealer, re- examination shall also include a corn- search facility, exhibitor, operator of plete blood count and serum chemistry an auction sale, or other person, or any analysis. Fecal and blow hole smears department, agency, or instrumental- shall be obtained for cytology and ity of the United States or any State parasite evaluation. or local government for shipment, in (4) The attending veterinarian, dur- commerce, more than 4 hours prior to ing the monthly Bite visit, shall record the scheduled departure of the primary the nutritional and reproductive status conveyance on which it is to be trans- of each cetacean (i.e., whether in an ac- ported: Provided, however, That the car- tive breeding program, pregnant, or rier or intermediate handler and any nursing). dealer, research facility, exhibitor, op- (5) The attending veterinarian shall erator of an auction sale, or other per- examine water quality records and pro- son, or any department, agency, or in- vide a written assessment, to remain at strumentality of the United States of the SWTD site for at least 3 years, of any State or local government may the overall water quality during the mutually agree to extend the time of preceding month. Such records shall be acceptance to not more than 6 hours if made available to an APHIS official specific prior scheduling of the animal upon request during inspection. shipment to destination has been (6) In the event that a cetacean dies, made. complete necropsy results, including (b) Any carrier or intermediate han- all appropriate histopathology, shall be dler shall only accept for transpor- recorded in the cetacean's individual tation or transport, in commerce, any file and shall be made available to marine mammal in a primary enclo- APHIS officials during facility inspec- sure which conforms to the require- tions, or as requested by APHIS. The ments set forth in §3.113 of the stand- necropsy shall be performed within 46 ards: Provided, however, That any car- hours of the cetacean's death, by a vet- rier or intermediate handler may ac- erinarian experienced in marine mam- cept for transportation or transport, in mal necropsies. If the necropsy is not commerce, any marine mammal con- to be performed within 3 hours of the signed by any department, agency, or discovery of the cetacean's death, the instrumentality of the United States cetacean shall be refrigerated until ne- having laboratory animal facilities or cropsy. Written results of the necropsy exhibiting animals or any licensed or shall be available in the cetacean's in- registered dealer, research facility, ex- hibitor, or operator of an auction sale '6 Weight may be measured either by scale if the consignor furnishes to the carrier or calculated using the following formulae: or intermediate handler a certificate, Females: Natural log of body mass = —8.44 signed by the consignor, stating that + 1.34(natural log of girth) + 1.28(natural log of standard length). the primary enclosure complies with Males: Natural log of body mass= —10.3 + §3.113 of the standards, unless such pri- 1.62(natural log of girth)+ 1.38(natural log of mary enclosure is obviously defective standard length). or damaged and it is apparent that it 102 Animal and Plant Health Inspection Service, USDA §3.113 cannot reasonably be expected to con- (d) Carriers and intermediate han- tain the marine mammal without caus- dlers shall attempt to notify the con- ing suffering or injury to such marine signed at least once in every 6-hour pe- mammal. A copy of such certificate riod following the arrival of any ma- shall accompany the shipment to des- rine mammals at the animal holding tination. The certificate shall include area of the terminal cargo facility. The at least the following information: time, date, and method of each at- (1) Name and address of the con- tempted notification and the final no- signor; tification to the consignee and the (2) The number of animals in the pri- name of the person notifying the con- mary enclosure(s); signee shall be recorded on the copy of (3) A certifying statement (e.g., "1 the shipping document retained by the hereby certify that the (number) carrier or intermediate handler and on primary enclosure(s) which are used to a copy of the shipping document ac- transport the animal(s) in this ship- companying the animal shipment. ment complies (comply) with USDA [44 FR 36874, June 22, 1979, as amended at 44 standards for primary enclosures (9 FR 63493,Nov.2,1979) CFR part 3)."); and (4) The signature of the consignor, *3.113 Primary enclosures used to and date. transport marine mammals. (c) Carriers or intermediate handlers No dealer, research facility, exhibi- whose facilities fail to meet the mini- tor, or operator of an auction sale shall mum temperature allowed by the offer for transportation or transport, in standards may accept for transpor- commerce, any marine mammal in a tation or transport, in commerce, any primary enclosure which does not con- marine mammal consigned by any de- form to the following requirements: partment, agency, or instrumentality (a) Primary enclosures, which are of the United States or of any State or used to transport marine mammals local government, or by any person(in- other than cetaceans and sirenians, eluding any licensee or registrant shall (1) be constructed from materials under the Act, as well as any private of sufficient structural strength to con- individual) if the consignor furnishes tain the marine mammals; (2) be con- to the carrier or intermediate handler strutted from material that is durable, a certificate executed by a veterinarian nontoxic, and cannot be chewed and/or accredited by this Department pursu- swallowed; (3) be able to withstand the ant to part 160 of this title on a sped- normal rigors of transportation; (4) fled date which shall not be more than have interiors which are free from any 10 days prior to delivery of such animal protrusions that could be injurious to for transportation in commerce, stat- the marine mammals contained there- ing that such marine mammal is accli- in; (5) be constructed so that no parts mated to air temperatures lower than of the contained marine mammals those prescribed in §§3.117 and 3.118. A shall be exposed to the outside of the copy of such certificate shall accom- enclosures in such a way which may pany the shipment to destination. The cause injury to the animals or to per- certificate to include at least the fol- sons who are nearby or who handle the lowing information: enclosures; (6) have openings which (1) Name and address of the con- provide access into the enclosures signor; which shall be secured with locking de- (2) The number of animals in the vices of a type which cannot be acci- shipment; dentally opened; (7) have such openings (3) A certifying statement (e.g., "I located in a manner which makes them hereby certify that the animal(s) in easily accessible at all times for emer- this shipment is (are), to the best of gency removal of any live marine my knowledge, acclimated to air tem- mammal contained therein; (8)have air peratures lower than 7.2° C. (45° F.)"); inlets at heights which will provide and cross ventilation at all levels (particu- (4) The signature of the USDA ac- laxly when the marine mammals are in credited veterinarian, assigned accredi- a prone position) and located on all tation number, and date. four sides of the enclosures, and such 103 §3.113 9 CFR Ch. 1 (1-1-99 Edition) ventilation openings shall be not less would constitute a danger to the ani- than 16 percent of the total surface mals, their handlers, or other persons. area of each side of the enclosures; (9) (d) Marine mammals transported in have projecting rims or other devices the same primary enclosure shall be of placed on the ends and sides of any en- the same species and maintained in closures which have ventilation open- compatible groups. Marine mammals inge to provide a minimum air circula- which have not reached puberty shall tion space of 1.9 centimeters (0.75 not be transported in the same primary inches)between the enclosures and any enclosure with adult marine mammals adjacent cargo or conveyance wall; and other than their dams. Socially de- (10) be equipped with adequate Pendent animals(e.g., sibling, dam, and handholds or other devices on the exte- other members of a family group) must rior of the enclosures which shall en- be allowed visual and olfactory con- able them to be lifted without unneces- tact. Female marine mammals shall sary tilting and which will ensure that not be transported in the same primary the persons handling the enclosures enclosure with any mature male ma- will not come in contact with any ma- rine mammals. rine mammal contained therein. (e) Primary enclosures used to trans- (b) Straps, slings, harnesses, or other port marine mammals as provided in devices, if used for body support or re- this section shall have solid bottoms to straint, when transporting marine prevent leakage in shipment and shall mammals such as cetaceans and sire- be cleaned and sanitized in a manner nians shall (1) be designed so as not to prescribed in §3.107 of the standards, if enclo- prevent access to such mammals by at- previously used. Such primary tendants during transportation for the sures it shall coabsorbent ntain clean litter h a purpose of administering in transit safsuitable and ntoxi material, which mam- care; is (2) be equipped with special pad- mal contained nadic o therein,the marine ding to prevent trauma or injury at male in sufficient critical weight pressure points on the quantity to imabs is and wire or other body of the marine mammals; and (3) unless the animals are on wire or other be capable of keeping the animals from nonsolid Primary rd floors. trans- thrashing about and causing injury to (f)po enclosures used except where themselves or their attendants, and yet sucht marine mammals, ae where be adequately designed so as not to such primary enclosures are perma- be nently affixed in the animal y cargo cause injury to the animals. space of the primary conveyance, shall (c) Primary enclosures used to trans- be clearly marked on top and on one or port live marine mammals shall be more sides with the words "Live Ani- large enough to assure that (1) in the mal" or "Wild Animal", whichever is case of polar bears and sea otters, there appropriate, in letters not less than 2.5 is sufficient space to turn about freely centimeters(1 inch)in height, and with in a stance whereby all four feet are on arrows or other markings, to indicate the floor and the animal can sit in an the correct upright position of the con- upright position and lie in a natural tainer. position; (2) in the case of pinnipeds, (g) Documents accompanying the each animal has sufficient space to lie shipment shall be attached in an easily in a natural position; and (3) in the accessible manner to the outside of a case of cetaceans and sirenians, each primary enclosure which is part of such animal has sufficient space for support shipment. of its body in slings, harnesses, or (h) When a primary enclosure is per- other supporting devices, if used (as manently affixed within the animal prescribed in paragraph (b) of this sec- cargo space of the primary conveyance tion) without causing injury to such so that the front opening is the only cetaceans or sirenians due to contact source of ventilation for such primary with the primary enclosure: Provided, enclosure, the front opening shall open however, That certain species may be directly to the outside or to an unob- restricted in their movements accord- structed aisle or passageway within the ing to professionally acceptable stand- primary conveyance. Such front ven- ards when such freedom of movement tilation opening shall be at least 90 104 Animal and Plant Health Inspection Service, USDA §3.116 percent of the total surface area of the (b) Marine mammals shall not be front wall of the primary enclosure and transported for more than a period of covered with bars, wire mesh, or 36 hours without being offered food. smooth expanded metal. When an employee or attendant is re- quired to accompany a shipment of ma- *3.114 Primary conveyances (motor rine mammals, as provided in §3.116 of vehicle,rail,air and marine). these standards, such marine mammals (a) The animal cargo space of pri- shall be fed during transit when nec- mary conveyances used in transporting essary to provide for their good health live marine mammals shall be con- and well-being. strutted in a manner which will pro- tect the health and assure the safety *3.116 Care in transit. and comfort of the marine mammals (a) An employee or attendant of the contained therein at all times. shipper or receiver of any marine mam- (b) The animal cargo space shall be mal being transported, in commerce, constructed and maintained in a man- knowledgeable in the area of marine ner which will prevent the ingress of mammal care, shall accompany engine exhaust fumes and gases in ex- cetaceans, sirenians, pinnipeds, and sea cess of that ordinarily contained in the otters during periods of transportation passenger compartments. to provide for their good health and (c) No marine mammal shall be well-being, to observe such marine placed in an animal cargo space that mammals and to determine whether does not have a supply of air sufficient they need veterinary care and to ob- for normal breathing for each live ani- tain any needed veterinary care as mal contained therein, and the primary soon as possible. enclosures shall be positioned in the (b) An employee or attendant of the animal cargo spaces of primary con- shipper or receiver of cetaceans or sire- veyances in such a manner that each nians being transported, in commerce, marine mammal contained therein shall provide for such cetaceans and si- shall have access to sufficient air for renians during periods of transport by normal breathing. (1) keeping the skin moist or prevent- (d) Primary enclosures shall be posi- ing the drying of the skin by such tioned in primary conveyances in such methods as intermittent spraying of a manner that in an emergency the live water or application of a nontoxic marine mammals can be removed from emollient, such as lanolin; (2) assuring the conveyances as soon as possible. that the pectoral flippers shall be al- (e) The interiors of animal cargo lowed freedom of movement at all spaces in primary conveyances shall be times; (3) making adjustments in the kept clean. position of such marine mammals when (f) Live marine mammals shall not necessary to prevent necrosis of the knowingly be transported with any ma- skin at weight pressure points; and (4) terial, substance or device which may calming such marine mammals to be injurious to the health and well- avoid struggling, thrashing, and other being of such marine mammals unless unnecessary activity which may cause proper precaution is taken to prevent overheating or physical trauma. No ce- such injury. tacean or sirenian in need of veterinary §3.116 Food and water requirements. care shall be transported in commerce, unless such transportation is for the (a) Those marine mammals which re- purpose of obtaining such care. quire drinking water shall be offered (c) Not less than one-half of the floor potable water within 4 hours prior to area in a primary enclosure used to being transported in commerce or of- transport sea otters shall be leakproof fered for transportation in commerce. and shall contain sufficient crushed ice Such marine mammals shall be wa- or ice water to provide each sea otter tered as often as necessary and appro- contained therein with moisture nec- priate to the species involved to pre- essary to allow each sea otter to main- vent excessive dehydration which tain its hair coat by preventing it from would jeopardize the good health and drying and to minimize soiling of the well-being of the animals. hair coat with urine and fecal material. 105 §3.117 9 CFR Ch. 1 (1-1-99 Edition) No sea otter in need of veterinary care insects, ectoparasites, and avian and shall be transported in commerce, un- mammalian pests shall be established less such transportation is for the pur- and maintained for all animal holding pose of obtaining such care. areas. Any animal holding area con- (d) Polar bears need not be accom- tailing marine mammals shall be pro- panied by an employee or attendant of vided with fresh air by means of win- the shipper or receiver, unless the pe- dows, door, vents, or air conditioning riod of transportation will exceed 24 and may be ventilated or air circulated hours in duration. During surface by means of fans, blowers, or an air transportation, it shall be the respon- conditioning system so as to minimize sibility of the carrier to inspect polar drafts, odors, and moisture condensa- bears unaccompanied by an employee tion. Auxiliary ventilation, such as ex- or attendant at least every 4 hours to haust fans and vents or fans or blowers determine whether they need veteri- or air conditioning shall be used for nary care and to provide any needed any animal holding area containing veterinary care as soon as possible. marine mammals when the air tem- When transported by air, live polar perature within such animal holding bears unaccompanied by an employee area is 23.9° C. (75° F.) or higher. The or attendant, shall be inspected by the air temperature around any marine carrier at least every 4 hours if the ani- mammal in any animal holding area mal cargo space is accessible during shall not be allowed to fall below 7.2°C. flight. If the animal cargo space is not accessible during flight, the air carrier (45° F.). The air temperature around shall inspect such live unattended any polar bear shall not be allowed to polar bears whenever loaded and un- exceed 29.5° C. (85° F.) at any time and loaded and whenever the animal cargo no polar bear shall be subjected to sur- space is otherwise accessible to deter- rounding air temperatures which ex- mine whether such unattended live ani- ceed 23.9° C. (75° F.) for more than 4 mals need veterinary care, and the car- hours at any time. To ascertain com- rier shall provide any needed veteri- pliance with the provisions of this nary care as soon as possible. No polar paragraph, the air temperature around bear in need of veterinary care shall be any marine mammal shall be measured transported in commerce, unless such and read outside the primary enclosure transportation is for the purpose of ob- which contains such animal at a dis- taining such care. tance not to exceed .91 meters (3 feet) (e) Wild or otherwise dangerous ma- from any one of the external walls of rine mammals shall not be taken from the primary enclosure and on a level their primary enclosure except under parallel to the bottom of such primary extreme emergency conditions and enclosure at a point which approxi- then only by their trainer or other per- mates half the distance between the son who is capable of handling such top and bottom of such primary enclo- mammals safely. sure. [94 FR 36879, June 22, 1979, as amended at 49 [44 FR 36874, June 22, 1979, as amended at 49 FR 26686,June 28, 1984] FR 26686,June 28, 1984] ¢3.117 Terminal facilities. *3.118 Handling. Carriers and intermediate handlers (a) Carriers and intermediate han- shall not commingle marine mammal dlers shall move marine mammals shipments with inanimate cargo. All from the animal holding area of the animal holding areas of a terminal fa- terminal facility to the primary con- cility of any carrier or intermediate veyance and from the primary convey- handler wherein marine mammal ship- ance to the animal holding area of the ments are maintained shall be cleaned terminal facility as expeditiously as and sanitized in a manner prescribed in possible. Carriers and intermediate §3.107 of the standards often enough to handlers holding any marine mammal prevent an accumulation of debris or in an animal holding area of a terminal excreta, to minimize vermin infesta- facility or in transporting any marine tion, and to prevent a disease hazard. mammal from the animal holding area An effective program for the control of of the terminal facility to the primary 106 Animal and Plant Health Inspection Service, USDA §3.126 conveyance and from the primary con- FACILITIES AND OPERATING STANDARDS veyance to the animal holding area of the terminal facility, including loading {3.125 Facilities,general. and unloading procedures, shall provide (a) Structural strength. The facility the following: must be constructed of such material (1) Shelter from sunlight. When sun- and of such strength as appropriate for light is likely to cause overheating or the animals involved. The indoor and discomfort, sufficient shade shall be outdoor housing facilities shall be provided to protect the marine mam- structurally sound and shall be main- mals from the direct rays of the sun tained in good repair to protect the and such marine mammals shall not be animals from injury and to contain the subjected to surrounding air tempera- animals. tures which exceed 29.5°C. (85° F.), and (b) Water and power. Reliable and ade- which shall be measured and read in quate electric power, if required to the manner prescribed in §3.117 of this comply with other provisions of this part, for a period of more than 45 min- subpart, and adequate potable water utes. shall be available on the premises. (2) Shelter from cold weather. Trans- (c) Storage. Supplies of food and bed- porting devices shall be covered to pro- ding shall be stored in facilities which vide protection for marine mammals adequately protect such supplies when the outdoor air temperature falls against deterioration, molding, or con- below 10° C. (50° F.) and such marine tamination by vermin. Refrigeration mammals shall not be subjected to sur- shall be provided for supplies of perish- rounding air temperatures which fall able food. below 7.2°C. (45°F.), and which shall be (d) Waste disposal. Provision shall be measured and read in the manner pre- made for the removal and disposal of scribed in §3.117 of this part, for a pe- animal and food wastes, bedding, dead riod of more than 45 minutes unless animals, trash and debris. Disposal fa- such animals are accompanied by a cilities shall be so provided and oper- certificate of acclimation to lower ated as to minimize vermin infesta- temperatures as prescribed in §3.112(c). tion, odors, and disease hazards. The (b) Care shall be exercised to avoid disposal facilities and any disposal of handling of the primary enclosure in animal and food wastes, bedding, dead such a manner that may cause physical animals, trash, and debris shall comply or emotional trauma to the marine with applicable Federal, State, and mammal contained therein, local laws and regulations relating to (c) Primary enclosures used to trans- pollution control or the protection of port any marine mammal shall not be the environment. tossed, dropped, or needlessly tilted (e) Washroom and sinks. Facilities, and shall not be stacked in a manner such as washrooms, basins, showers, or which may reasonably be expected to sinks, shall be provided to maintain result in their falling, cleanliness among animal caretakers. [44 FR 36874. June 22, 1979, as amended at 49 [36 FR 24925, Dec. 24, 1971. Redesignated at 44 FR 26686. June 28, 19841 FR 36874,June 22,1979,and amended at 44 FR 63492,Nov.2, 1979] Subpart F—Specifications for the §3.126 Facilities,indoor. Humane Handling, Care, Treatment, and Transportation (a) Ambient temperatures. Tempera- of Warmblooded Animals ture in indoor housing facilities shall be sufficiently regulated by heating or Other Than Dogs, Cats, Rab- bits, Hamsters, Guinea Pigs, cooling to protect the animals from the extremes of temperature, to provide for Nonhuman Primates, and fvfa- their health and to prevent their dis- rine Mammals comfort. The ambient temperature shall not be allowed to fall below nor SOURCE: 36 FR 24925, Dec. 24, 1971, unless rise above temperatures compatible otherwise noted. Redesignated at 44 FR 36874, with the health and comfort of the an1- July 22,1979. mal. 107 §3.127 9 CFR Ch. I (1-1-99 Edition) (b) Ventilation. Indoor housing facili- to pollution control or the protection ties shall be adequately ventilated by of the environment. natural or mechanical means to pro- vide for the health and to prevent dis- 03.128 Space requirements. comfort of the animals at all times. Enclosures shall be constructed and Such facilities shall be provided with maintained so as to provide sufficient fresh air either by means of windows, space to allow each animal to make doors, vents, fans, or air-conditioning normal postural and social adjust- and shall be ventilated so as to mini- ments with adequate freedom of move- mize drafts, odors, and moisture con- ment. Inadequate space may be indi- densation. cated by evidence of malnutrition,poor (c) Lighting. Indoor housing facilities condition, debility, stress, or abnormal shall have ample lighting, by natural behavior patterns. or artificial means, or both, of good quality, distribution, and duration as ANIMAL HEALTH AND HUSBANDRY appropriate for the species involved. STANDARDS Such lighting shall be uniformly dis- tributed and of sufficient intensity to $3.129 Feeding. permit routine inspection and cleaning. (a) The food shall be wholesome, pal- Lighting of primary enclosures shall be atable, and free from contamination designed to protect the animals from and of sufficient quantity and nutritive excessive illumination. value to maintain all animals in good (d) Drainage. A suitable sanitary health. The diet shall be prepared with method shall be provided to eliminate consideration for the age, species, con- rapidly, excess water from indoor hous- dition, size, and type of the animal. ing facilities. If drains are used, they Animals shall be fed at least once a day shall be properly constructed and kept except as dictated by hibernation, vet- in good repair to avoid foul odors and erinary treatment, normal fasts, or installed so as to prevent any backup other professionally accepted prac- of sewage. The method of drainage tices. shall comply with applicable Federal, (b) Food, and food receptacles, if State, and local laws and regulations used, shall be sufficient in quantity relating to pollution control or the and located so as to be accessible to all protection of the environment. animals in the enclosure and shall be placed so as to minimize contamina- *3.127 Facilities,outdoor. tion. Food receptacles shall be kept (a) Shelter from sunlight. When sun- clean and sanitary at all times. If self- light is likely to cause overheating or feeders are used, adequate measures discomfort of the animals, sufficient shall be taken to prevent molding, con- shade by natural or artificial means tamination, and deterioration or cak- shall be provided to allow all animals ing of food. kept outdoors to protect themselves from direct sunlight. 13.130 Watering. (b) Shelter from inclement weather. If potable water is not accessible to Natural or artificial shelter appro- the animals at all times, it must be priate to the local climatic conditions Provided as often as necessary for the for the species concerned shall be pro- health and comfort of the animal. Fre- vided for all animals kept outdoors to quency of watering shall consider age, afford them protection and to prevent species, condition, size, and type of the discomfort to such animals. Individual animal. All water receptacles shall be animals shall be acclimated before kept clean and sanitary. they are exposed to the extremes of the individual climate. $3.131 Sanitation. (c) Drainage. A suitable method shall (a) Cleaning of enclosures. Excreta be provided to rapidly eliminate excess shall be removed from primary enclo- water. The method of drainage shall sures as often as necessary to prevent comply with applicable Federal, State, contamination of the animals con- and local laws and regulations relating tained therein and to minimize disease 108 Animal and Plant Health Inspection Service, USDA §3.136 hazards and to reduce odors. When en- noted. Redesignated at 44 FR 36874. July 22, closures are cleaned by hosing or flush- 1979. ing, adequate measures shall be taken to protect the animals confined in such §3.136 Consignments to carriers and enclosures from being directly sprayed intermediate handlers. with the stream of water or wetted in- (a) Carriers and intermediate han- voluntarily. dlers shall not accept any live animals (b) Sanitation of enclosures. Subse- presented by any dealer, research facil- quent to the presence of an animal ity, exhibitor, operator of an auction with an infectious or transmissible die- sale, or other person, or any depart- ease, cages, rooms, and hard-surfaced ment, agency, or instrumentality of pens or runs shall be sanitized either the United States or any State or local by washing them with hot water (180 F. government for shipment, in com- at source) and soap or detergent, as in merce, more than 4 hours prior to the a mechanical washer, or by washing all scheduled departure of the primary soiled surfaces with a detergent solu- conveyance on which it is to be trans- Lion followed by a safe and effective disinfectant, or by cleaning all soiled ported: Provided, however, That the car- surfaces with saturated live steam rier or intermediate handler and any under pressure. Pens or runs using dealer, research facility, exhibitor, op- gravel, sand, or dirt, shall be sanitized stator of an auction sale, or other per- when necessary as directed by the at- son, or any department, agency, or in- tending veterinarian. strumentality of the United States or (c) Housekeeping. Premises (buildings any State or local government may and grounds) shall be kept clean and in mutually agree to extend the time of good repair in order to protect the ani- acceptance to not more than 6 hours if mats from injury and to facilitate the specific prior scheduling of the animal prescribed husbandry practices set shipment to destination has been forth in this subpart. Accumulations of made. trash shall be placed in designated (b) Any carrier or intermediate han- areas and cleared as necessary to pro- dler shall only accept for transpor- tect the health of the animals. tation or transport, in commerce, any (d) Pest control. A safe and effective live animal in a primary enclosure program for the control of insects, which conforms to the requirements ectoparasites, and avian and mamma- set forth in§3.137 of the standards: Pro- lian pests shall be established and vided, however, That any carrier or in- maintained. termediate handler may accept for ¢3.132 Employees. transportation or transport, in com- merce, any live animal consigned by A sufficient number of adequately any department, agency, or instrumen- trained employees shall be utilized to tality of the United States having lab- maintain the professionally acceptable oratory animal facilities or exhibiting level of husbandry practices set forth animals or any licensed or registered in this subpart. Such practices shall be dealer, research facility, exhibitor, or under a supervisor who has a back- operator of an auction sale if the con- ground in animal care. signor furnishes to the carrier or inter- ¢3.133 Separation. mediate handler a certificate, signed by the consignor, stating that the pri- Animals housed in the same primary mary enclosure complies with §3.137 of enclosure must be compatible. Animals the standards, unless such primary en- shall not be housed near animals that closure is obviously defective or dam- interfere with their health or cause aged and it is apparent that it cannot them discomfort. reasonably be expected to contain the ¢¢3.134-3.136 [Reserved] live animal without causing suffering or injury to such live animal. A copy of TRANSPORTATION STANDARDS such certificate shall accompany the shipment to destination. The certifi- SOURCE: Sections 3.136 through 3.142 appear cate shall include at least the follow- at 42 FR 31569, June 21,1977,unless otherwise ing information: 109 §3.137 9 CFR Ch. I (1-1-99 Edition) (1) Name and address of the con- notification and the final notification signor; to the consignee and the name of the (2) The number of animals in the pri- person notifying the consignee shall be mary enclosure(s); recorded on the copy of the shipping (3) A certifying statement (e.g., "I document retained by the carrier or in- hereby certify that the (number) termediate handler and on a copy of primary enclosure(s) which are used to the shipping document accompanying transport the animal(s) in this ship- the animal shipment. ment complies (comply) with USDA [42 FR 31569, June 21, 1977, as amended at 43 standards for primary enclosures (9 FR 21166,May 16, 1978.Redesignated at 44 FR CFR part 3).");and 36874, July 22, 1979, and amended at 44 FR (4) The signature of the consignor, 63493,Nov.2,1979] and date. (c) Carriers or intermediate handlers $3137 Primary enclosures used to whose facilities fail to meet the mini- transport live animals. mum temperature allowed by the No dealer, research facility, exhibi- standards may accept for transpor- tor, or operator of an auction sale shall tation or transport, in commerce, any offer for transportation or transport, in live animal consigned by any depart- commerce, any live animal in a pri- ment, agency, or instrumentality of mary enclosure which does not con- the United States or of any State or form to the following requirements: local government, or by any person (in- (a) Primary enclosures, such as com- cluding any licensee or registrant partments, transport cages, cartons, or under the Act, as well as any private crates, used to transport live animals individual) if the consignor furnishes shall be constructed in such a manner to the carrier or intermediate handler that (1) the structural strength of the a certificate executed by a veterinarian enclosure shall be sufficient to contain accredited by this Department pursu- the live animals and to withstand the ant to part 160 of this title on a specs- normal rigors of transportation; (2) the fled date which shall not be more than interior of the enclosure shall be free 10 days prior to delivery of such animal from any protrusions that could be in- for transportation in commerce, stat- furious to the live animals contained ing that such live animal is acclimated therein; (3)the opernings of such enclo- to air temperatures lower than those sures are easily accessible at all times prescribed in §§3.141 and 3.142. A copy for emergency removal of the live ani- of such certificate shall accompany the mals; (4) except as provided in para- shipment to destination. The certifi- graph (g) of this section, there are ven- cate shall include at least the follow- tilation openings located on two oppo- ing information: site walls of the primary enclosure and (1) Name and address of the con- the ventilation openings on each such signor; wall shall be at least 16 percent of the (2) The number of animals in the total surface area of each such wall, or shipment; there are ventilation openings located (3) A certifying statement (e.g., "I on all four walls of the primary enclo- hereby certify that the animal(s) in sure and the ventilation openings on this shipment is (are), to the best of each such wall shall be at least 8 per- my knowledge, acclimated to air tem- cent of the total surface area of each peratures lower than 7.2° C. (45° F.)"); such wall: Provided, however, That at and least one-third of the total minimum (4) The signature of the USDA ac- area required for ventilation of the ph- credited veterinarian, assigned mary enclosure shall be located on the accrediation number, and date. lower one-half of the primary enclosure (d) Carriers and intermediate han- and at least one-third of the total min- dlers shall attempt to notify the con- imum area required for ventilation of signee at least once in every 6 hour pe- the primary enclosure shall be located hod following the arrival of any live on the upper one-half of the primary animals at the animal holding area of enclosure; (5) except as provided in the terminal cargo facility. The time, paragraph (g) of this section, project- date, and method of each attempted ing rims or other devices shall be on 110 Animal and Plant Health Inspection Service, USDA §3.138 the exterior of the outside walls with fixed in the animal cargo space of the any ventilation openings to prevent ob- primary conveyance, shall be clearly struction of the ventilation openings marked on top and on one or more and to provide a minimum air circula- sides with the words "Live Animal" or tion space of 1.9 centimeters (.75 inch) "Wild Animal", whichever is appro- between the primary enclosure and any priate, in letters not less than 2.5 cen- adjacent cargo or conveyance wall; and timeters (1 inch) in height, and with (6) except as provided in paragraph (g) arrows or other markings to indicate of this section, adequate handholds or the correct upright position of the con- other devices for lifting shall be pro- tainer. vided on the exterior of the primary (f) Documents accompanying the enclosure to enable the primary enclo- shipment shall be attached in an easily sure to be lifted without tilting and to accessible manner to the outside of a ensure that the person handling the primary enclosure which is part of such primary enclosure will not be in con- shipment. tact with the animal. (g) When a primary enclosure is per- (b) Live animals transported in the manently affixed within the animal same primary enclosure shall be of the cargo space of the primary conveyance same species and maintained in com- so that the front opening is the only patible groups. Live animals that have source of ventilation for such primary not reached puberty shall not be trans- enclosure, the front opening shall open ported in the same primary enclosure directly to the outside or to an unob- with adult animals other than their structed aisle or passageway within the dams. Socially dependent animals(e.g., primary conveyance. Such front yen- sibling, dam, and other members of a tilation opening shall be at least 90 family group) must be allowed visual percent of the total surface area of the and olfactory contact. Any female ani- front wall of the primary enclosure and mal in season (estrus) shall not be covered with bars, wire mesh or transported in the same primary enclo- smooth expanded metal. sure with any male animal. [42 FR 31569, June 21, 1977, as amended at 43 (c) Primary enclosures used to trans- FR 21166,May 16, 1978. Redesignated at 44 FR port live animals shall be large enough 36874, July 22, 19791 to ensure that each animal contained therein has sufficient space to turn $3.138 Primary conveyances (motor about freely and to make normal pos- vehicle,rail,air,and marine). tural adjustments: Provided, however, (a) The animal cargo space of pri- That certain species may be restricted mary conveyances used in transporting in their movements according to pro- live animals shall be designed and con- fessionally acceptable standards when structed to protect the health, and en- such freedom of movement would con- sure the safety and comfort of the live stitute a danger to the animals, their animals contained therein at all times. handlers, or other persons. (b) The animal cargo space shall be (d) Primary enclosures used to trans- constructed and maintained in a man- port live animals as provided in this ner to prevent the ingress of engine ex- section shall have solid bottoms to pre- haust fumes and gases from the pri- vent leakage in shipment and still be mary conveyance during transpor- cleaned and sanitized in a manner pre- tation in commerce. scribed in §3.131 of the standards, if (c) No live animal shall be placed in previously used. Such primary enclo- an animal cargo space that does not sures shall contain clean litter of a have a supply of air sufficient for nor- suitable absorbant material, which is mal breathing for each live animal con- safe and nontoxic to the live animals tamed therein, and the primary enclo- contained therein, in sufficient quan- sures shall be positioned in the animal tity to absorb and cover excreta, unless cargo space in such a manner that each the animals are on wire or other live animal has access to sufficient air nonsolid floors. for normal breathing. (e) Primary enclosures used to trans- (d) Primary enclosures shall be posi- port live animals, except where such tinned in the primary conveyance in primary enclosures are permanently af- such a manner that in an emergency 111 §3.139 9 CFR Ch. I (1-1-99 Edition) the live animals can be removed from and water requirements of such animal the primary conveyance as soon as pos- while being so transported. sible. (e) No carrier or intermediate han- (e) The interior of the animal cargo dler shall accept any live animals for space shall be kept clean. transportation in commerce unless (f) Live animals shall not be trans- written instructions concerning the ported with any material, substance food and water requirements of such (e.g., dry ice) or device which may rea- animal while being so transported is af- sonably be expected to be injurious to fixed to the outside of its primary en- the health and well-being of the ani- closure. mals unless proper precaution is taken *3.140 Care in transit. to prevent such injury. (a) During surface transportation, it {3.139 Food and water requirements. shall be the responsibility of the driver or other employee to visually observe (a) All live animals shall be offered potable water within 4 hours prior to the live animals as frequently at cars being transported in commerce. Deal- th one es may o , but assure not that ers, exhibitors, research facilities and than once every 4 hours, cio i t for operators of auction sales shall provide they are b g, their rfiambit air r tem- potable water to all live animals trans- peranormal breathing, ambient ported in their own primary convey- limits, alles are rw appinicable the prescribed standards ance ance at least every 12 hours after such are being, other dpwith and standard- transportation is initiated, and car- mine complied with to animals detas riers and intermediate handlers shall whether any of the live are in obvious physical distress and to provide potable water to all live ani- provide any needed veterinary care as mals at least every 12 hours after ac- soon as possible. When transported by ceptance for transportation in com- air, live animals shall be visually ob- merce: Provided, however, That except served by the carrier as frequently as as directed by hibernation, veterinary circumstances may dictate, but not treatment or other professionally ac- less than once every 4 hours, if the ani- cepted practices, those live animals mal cargo space is accessible during which, by common accepted practices, flight. If the animal cargo space is not require watering more frequently shall accessible during flight, the carrier be so watered. shall visually observe the live animals (b) Each live animal shall be fed at whenever loaded and unloaded and least once in each 24 hour period, ex- whenever the animal cargo space is cent as directed by hibernation, veteri- otherwise accessible to assure that nary treatment, normal fasts, or other they are receiving sufficient air for professionally accepted practices. normal breathing, their ambient tem- Those live animals which, by common peratures are within the prescribed accepted practice, require feeding more limits, all other applicable standards frequently shall be so fed. are being complied with and to deter- (c) A sufficient quantity of food and mine whether any such live animals water shall accompany the live animal are in obvious physical distress. The to provide food and water for such ani- carrier shall provide any needed veteri- mals for a period of at least 24 hours, nary care as soon as possible. No ani- except as directed by hibernation, vet- mal in obvious physical distress shall erinary treatment, normal fasts, and be transported in commerce. other professionally accepted prac- (b) Wild or otherwise dangerous ani- tices. mals shall not be taken from their pri- (d) Any dealer, research facility, ex- mary enclosure except under extreme hibitor or operator of an auction sale emergency conditions: Provided, how- offering any live animal to any carrier ever, That a temporary primary enclo- or intermediate handler for transpor- sure may be used, if available, and such tation in commerce shall affix to the temporary primary enclosure is struc- outside of the primary enclosure used turally strong enough to prevent the for transporting such live animal, writ- escape of the animal. During the course ten instructions concerning the food of transportation, in commerce, live 112 Animal and Plant Health Inspection Service, USDA §3.142 animals shall not be removed from tance between the top and bottom of their primary enclosures unless placed such primary enclosure. in other primary enclosures or facili- [43 FR 56217, Dec. 1, 1978. Redesignated at 44 ties conforming to the requirements FR 36874,July 22,1979] provided in this subpart. *3.142 Handling. *3.141 Terminal facilities. (a) Carriers and intermediate han- Carriers and intermediate handlers dlers shall move live animals from the shall not commingle live animal ship- animal holding area of the terminal fa- ments with inanimate cargo. All ani- cility to the primary conveyance and mal holding areas of a terminal facility from the primary conveyance to the of any carrier or intermediate handler animal holding area of the terminal fa- wherein live animal shipments are cility as expeditiously as possible. Car- maintained shall be cleaned and sani- riers and intermediate handlers hold- tized in a manner prescribed in §3.141 ing any live animal in an animal hold- of the standards often enough to pre- ing area of a terminal facility or in vent an accumulation of debris or ex- transporting any live animal from the Greta, to minimize vermin infestation animal holding area of the terminal fa- and to prevent a disease hazard. An ef- cility to the primary conveyance and frofective program for the control of in- animal the primary conveyance terminal re t the fa- sects, ectoparasites, and avian and holding i area io g andunloading ng mammalian pests shall be established cility,o including shat loading e unloading and maintained for all animal holding procedes, shall provide sun the following: h Shelter k from o cause When go sun- areas. Any animal holding area con- light is likely to cause overheating or taining live animals shall be provided discomfort, sufficient shade shall be with fresh air by means of windows, provided to protect the live animals doors vents, or air conditioning and from the direct rays of the sun and may be ventilated or air circulated by such live animals shall not be sub- means of fans, blowers, or an air condi- jected to surrounding air temperatures tioning system so as to minimize which exceed 29.5°C. (85°F.), and which drafts, odors, and moisture condensa- shall be measured and read in the man- tion. Auxiliary ventilation, such as ex- ner prescribed in §3.141 of this part, for haust fans and vents or fans or blowers a period of more than 45 minutes. or air conditioning shall be used for (2) Shelter from rain or snow. Live ani- any animal holding area containing mals shall be provided protection to live animals when the air temperature allow them to remain dry during rain within such animal holding area is or snow. 23.9°C. (75.°F.) or higher. The air tern- (3) Shelter from cold weather. Trans- perature around any live animal in any porting devices shall be covered to pro- animal holding area shall not be al- vide protection for live animals when lowed to fall below 7.2°C. (45°F.) nor be the outdoor air temperature falls below allowed to exceed 29.5°C. (85°F.) at any 10°C. (50°F.) and such live animals shall time: Provided, however, That no live not be subjected to surrounding air animal shall be subjected to surround- temperatures which fall below 7.2°C. ing air temperatures which exceed and(45°F.),e in d which shall be measured 23.9°C. (75°F.) for more than 4 hours at and read ti the manner prescribed of more in any time. To ascertain compliance tha 41 45 minutes il part, for a h than unless such animals with the provisions of this paragraph, are accompanied by a certificate of ac- the air temperature around any live climation to lower temperatures as .animal shall be measured and read out- prescribed in§3.136(c). side the primary enclosure which con- (b) Care shall be exercised to avoid tains such animal at a distance not to handling of the primary enclosure in exceed .91 meters (3 feet) from any one such a manner that may cause physical of the external walls of the primary en- or emotional trauma to the live animal closure and on a level parallel to the contained therein. bottom of such primary enclosure at a (c) Primary enclosures used to trans- point which approximates half the dis- port any live animal shall not be 183-026 D-99--5 113 Pt.4 9 CFR Ch. 1 (1-1-99 Edition) tossed, dropped, or needlessly tilted to §1.147(b) of the Uniform Rules of and shall not be stacked in a manner Practice(7 CFR 1.147(b)). which may reasonably be expected to (b) In any case of actual or threat- result in their falling. ened physical harm to animals in vio- [43 FR 21167, May 16, 1978, as amended at 43 lation of the Act, or the regulations or FR 56217, Dec. 1, 1978. Redesignated at 44 FR standards issued thereunder, by a per- 36874,July 22, 1979] son licensed under the Act, the Admin- istrator may suspend such person's li- PART 4-RULES OF PRACTICE GOV- cense temporarily, for a period not to ERNING PROCEEDINGS UNDER exceed 21 days, effective upon oral or THE ANIMAL WELFARE ACT written notification, whichever is ear- lier. In the event of oral notification, a Subpart A—General written confirmation thereof shall be given to such person pursuant to Sec. §1.147(b) of the Uniform Rules of Prac- 4.1 Scope and applicability of rules of prac- tice (7 CFR 1.147(b)) as promptly as cir- tice. cumstances permit. (c) The temporary suspension of a li- Subpart B—Supplemental Rules of Practice cense shall be in addition to any sanc- 4.10 Summary action. tion which may be imposed against 4.11 Stipulations. said person by the Secretary pursuant Awl-loran:80 Stat.353;7 U.S.C.2151. to the Act after notice and opportunity for hearing. SOURCE: 42 FR 10959, Feb. 25, 1977, unless otherwise noted. §4.11 Stipulations. Subpart A—General (a) At any time prior to the issuance of a complaint seeking a civil penalty §4.1 Scope and applicability of rules under the Act, the Administrator, in of practice. his discretion, may enter into a stipu- lation with any person in which: The Uniform Rules of Practice for f the Department of Agriculture promul- an(1) The Administrator gives t, ore e gated in subpart H of part 1, subtitle A, regulations apparent nt violation of issued s Aed, or the or standards there- title 7, Code of Federal Regulations, under, by such person and affords such are the Rules of Practice applicable to person an opportunity for a hearing re- adjudicatory, administrative proceed- garding the matter as provided by the ings under section 19 of the Animal Act; Welfare Act (7 U.S.C. 2149). In addition, (2) Such person expressly waives the Supplemental Rules of Practice set hearing and agrees to pay a specified forth in subpart B of this part shall be penalty within a designated time; and applicable to such proceedings. (3) The Administrator agrees to ac- Sub rf B—Supplemental Rules of ac- cept the specified penalty in settle- Pa pP ment of the particular matter involved Practice if it is paid within the designated time. §4.10 Summary action. (b)If the specified penalty is not paid within the time designated in such a (a) In any situation where the Ad- stipulation, the amount of the stipu- ministrator has reason to believe that lated penalty shall not be relevant in any person licensed under the Act has any respect to the penalty which may violated or is violating any provision of be assessed after issuance of a com- the Act, or the regulations or stand- plaint. ards issued thereunder, and he deems it warranted under the circumstances, the Administrator may suspend such person's license temporarily, for a pe- riod not to exceed 21 days, effective, ex- cept as provided in §4.10(b), upon writ- ten notification given to such person of the suspension of his license pursuant 114 Hello