Bobo's Mama
proud corn mommy!
I found this on another forum. It sounds kind of scary to me. Maybe make it a sticky?
Proposed New Legislation
PLEASE TAKE THE TIME TO READ THIS AND SPREAD THE WORD THIS EFFECTS US ALL. THIS AMENDMENT IS TO STOP THE TRANSPORT OF ALLWARM
BLOODED ANIMALS UNDER 8 WEEKS OF AGE OR UNWEANED
WHAT DOES THIS MEANS TO US AS A REPTILE COMMUNITY ? IT MEANS THAT WE WILL NOT BE ABLE TO BUY SELL TRANSPORT PINKIES, RAT PUPS FUZZYS OR HOPPERS.
[Proposed Rules]
[Page 26344-26349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my08-19]
================================================== =====================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 2
[Docket No. APHIS-2006-0024]
RIN 0579-AC14
Minimum Age Requirements for the Transport of Animals
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We propose to amend the Animal Welfare Act regulations by
adding minimum age requirements for the transport in commerce of
animals. The regulations currently contain such requirements for dogs
and cats, but no corresponding ones for other regulated animals,
despite the risks associated with the early transport of these species.
We also propose to amend the regulations to allow, provided certain
conditions are met, for animals to be transported without their mothers
for medical treatment and for scientific research before reaching the
minimum age and weaning requirement. Establishing minimum age
requirements for the transport in commerce of animals and providing for
the transport of animals that have not met the minimum age requirements
are necessary to help ensure the humane treatment of these animals.
DATES: We will consider all comments that we receive on or before July
8, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0024 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2006-0024, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2006-0024.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in Room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff
Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale,
MD 20737-1231; (301) 734-7833.
SUPPLEMENTARY INFORMATION:
Background
The Animal Welfare Act (the Act) (7 U.S.C. 2131 et seq.) authorizes
the Secretary of Agriculture to promulgate standards and other
requirements governing the humane handling, care, treatment, and
transportation of certain animals by dealers, research facilities,
exhibitors, carriers, and intermediate handlers. The Secretary of
Agriculture has delegated the responsibility of enforcing the Act to
the Administrator of the Animal and Plant Health Inspection Service
(APHIS). The regulations established under the Act are contained in
title 9 of the Code of Federal Regulations (9 CFR), chapter I,
subchapter A, parts 1, 2, and 3. The regulations in 9 CFR part 2
pertain to the safe and humane handling of animals.
Section 2.130 sets forth minimum age requirements for dogs and cats
to be transported in commerce. Under Sec. 2.130, dogs and cats cannot
be transported in commerce or delivered by any person unless they are 8
weeks of age and have been weaned, except if transported to a
registered research facility. Currently, no such requirements exist for
other regulated animals. It is our position that all animals should be
afforded the same protections as provided for dogs and cats. We are
currently developing standards for birds in a separate proposed rule;
therefore, birds were not considered during the development of the
proposed minimum age requirements in this rule.
[[Page 26345]]
APHIS is proposing this rule to safeguard the welfare and well-
being of regulated animals and to protect those not yet safeguarded
from possible stress, distress, pain, suffering and/or death during the
transport process. APHIS currently requires that all domestic dogs and
cats transported for regulated purposes be at least 8 weeks of age and
weaned prior to transport. These same protections should be afforded
all regulated species.
Longstanding experience and general veterinary medical experience
and knowledge support the conclusion that shipping young animals
increases the risk of illness and death in these animals. Unweaned
animals and animals of many species under the age of 8 weeks are
generally not yet able to eat and drink independently of their mothers
and have an increased need for maternal or human intervention to
provide nourishment and water frequently. By 8 weeks of age, most
animals are able to digest solid foods and are no longer dependent on
their mothers as their sole source of nutrition. The young of social
species such as nonhuman primates need physical and social interactions
for proper development, and a loss of role models and companionship
from an animal of the same species can lead to lifetime behavioral and
social problems.
Review of past enforcement issues with the transport of young
animals involve a wide variety of issues. While we can attribute
certain injuries, illnesses, or deaths of some young animals to being
transported before they were weaned and/or 8 weeks of age, it is
difficult to determine exactly how many such incidents have occurred
because there is currently no age restriction for transport. As such,
the age of the animals involved is not always documented. In addition,
incidents resulting in injury, illness, or death of young, unweaned
animals may be underreported, as many may involve noncommercial
transport agents and vehicles.
Based on acknowledged animal care principles and physiology of
infant and juvenile animals, any transport totaling more than 2 hours,
especially if the animal is unweaned and not observed or handled during
that time, would be stressful and possibly distressful because young
animals need to be fed and may not be able to adequately control their
body temperature. The risk of illness or death of the animal may
increase if the animals are delayed from reaching their destinations on
flights or ground transportation systems that are delayed.
In addition, it is in the animal's best interest and welfare to be
provided with consistent care during the critical period from birth to
weaning by responsible, knowledgeable, and experienced people.
Providing animals that are only a day or weeks old and/or unweaned to
unqualified persons could result in the death of the animal in many
instances. While it is beyond the scope of APHIS' regulatory authority
to address the issue of private owner competence, providing a weaned
and older animal reduces the risks of serious complications that could
otherwise occur with an animal that is unweaned and/or under the age of
8 weeks.
Therefore, we believe that it is necessary to amend the regulations
to provide that animals under the age of 8 weeks and unweaned, not
transported in the same enclosure as their mothers, may not be
transported in commerce unless it is medically necessary for the health
of the animal or the animal is destined for a registered research
facility and needs to be acquired at this age to satisfy a specific
research protocol approved by Institutional Animal Care and Use
Committees (IACUC). While we are proposing to use 8 weeks as the
minimum age standard in this document, we recognize that some species
are naturally weaned at an earlier age. We welcome any comments or
suggestions regarding particular species or circumstances in which it
might be appropriate to have a minimum age requirement greater or less
than 8 weeks.
We propose to amend Sec. 2.130 by adding a new paragraph (a) to
specify that no animal, other then birds, be delivered by any person to
any carrier or intermediate handler for transportation in commerce, or
be transported in commerce by any person unless the animal is with its
mother or has been weaned and is at least 8 weeks of age.
We recognize that situations may arise which require the transport
of underage and/or unweaned animals and would provide the licensee or
registrant with some flexibility. To accomplish this, we propose to add
a new paragraph (b) to provide an exception for animals that are less
than 8 weeks of age and/or unweaned, to be transported to registered
research facilities for use in specific IACUC-approved research
protocols, provided a transportation plan is submitted to and approved
by the appropriate Animal Care regional office. The transportation plan
would have to be signed by the attending veterinarian and head of the
animal caregiving staff and outline the reason for the transport
(including the IACUC-approved protocol involved, if applicable),
transportation specifics (including, but not limited to, dates,
destination, intermediate carrier or handler to be used, mode of
transportation, and enclosure size and design), food and water
arrangements, attendants and/or monitoring plan, contact provisions in
case of medical or other care needs, and, for nonhuman primates, how
the special needs of the infant will be met during transportation. Our
proposed rule would also allow for one transportation plan to be
submitted for multiple animals being transported from one facility if
the plan can show that the needs of all of the animals have been
accommodated as determined by Animal Care. As noted previously, Sec.
2.130 currently provides for underage/unweaned dogs and cats to be
moved to a registered research facility, but does not require a
transportation plan. Our proposal would require an APHIS-approved
transportation plan and IACUC-approved protocols for all animals. By
requiring research protocols to be IACUC-approved, we would ensure that
unweaned animals and/or animals under the age of 8 weeks are needed for
the specific research being conducted at the facility.
[[Page 26346]]
animals have been accommodated as determined by Animal Care. We would
not require a transportation plan in the event that the animal requires
emergency medical care because we do not believe that it would be in
the best interest of the animal. This would ensure that the animal
receives timely care. However, to the extent possible, appropriate care
should be taken to ensure the humane treatment of the animal.
The Animal Care regional office would accept requests made using e-
mail and via facsimile in order to avoid delaying the transport of the
animal. Requests made using e-mail or facsimile would have to include
the transportation plan and the names, mailing addresses, and phone
numbers of the attending veterinarian and head of the animal caregiving
staff. The Animal Care regional office would contact the veterinarian
and head of the animal caregiving staff to confirm their concurrence
with the plan. In addition, a copy of the transportation plan signed by
the attending veterinarian and head of the animal caregiving staff
would have to be kept on file and made available for APHIS inspection.
Written approval of the transportation plan by the APHIS regional
office would have to be received before the animal(s) could be
transported in commerce.
We believe a transportation plan is necessary to ensure that the
licensee or registrant understands and has taken into account the
issues that might arise when transporting unweaned/underage animals
(e.g., transportation will not be too long, there are adequate food and
water resources along the way, etc.). In the past, unanticipated events
(e.g., delays, misdirected shipments) have resulted in the deaths of
animals. By ensuring proper planning on the part of the licensee or
registrant, the occurrence of such incidents can be minimized. We
welcome comments on the practical utility of the proposed
transportation plan requirement and the specific elements that would
have to be addressed in the plan, including how we might enhance the
quality, utility, and clarity of the information collected and how we
might reduce the paperwork burden that would be associated with the
proposed transportation plan requirement, including the use of
performance based criteria as a substitute for specific plan
requirements, or some combination of the two.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget.
For this proposed rule, we have prepared an economic analysis,
which is set out below. The analysis considers the potential economic
effects of the rule on small entities as required by the Regulatory
Flexibility Act and the potential costs and benefits of the rule as
required by Executive Order 12866.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
effects of this proposed rule on small entities. We do not currently
have all the data necessary for a comprehensive analysis of the effects
of this proposed rule on small entities. Therefore, we are inviting
comments concerning potential effects. In particular, we are interested
in determining: (1) The number of entities that transport unweaned/
underage animals for scientific purposes and/or medical treatment; (2)
the age at which these animals are being transported; and (3) any
additional information that may help us to determine the economic
impact of the proposed minimum age requirements for animals.
We propose to amend the Animal Welfare Act regulations by adding
minimum age requirements for the transport in commerce of animals. The
regulations currently contain such requirements for dogs and cats, but
no corresponding ones for other regulated animals, despite the risks
associated with the early transport of these species. We also propose
to amend the regulations to allow, provided certain conditions are met,
for animals to be transported without their mothers for medical
treatment and for scientific research before reaching the minimum age
and weaning requirement. Establishing minimum age requirements for the
transport in commerce of animals and providing for the transport of
animals that have not met the minimum age requirements are necessary to
help ensure the humane treatment of these animals.
Benefits and Costs of the Rule
Transporting young, unweaned animals without their mothers
increases the risk of them becoming sick or dying during transport.
According to APHIS Animal Care, this risk may increase if the animals
are delayed from reaching their destinations because of flights or
ground transportation systems that are delayed. Unweaned animals and
animals of many species under the age of 8 weeks are generally not yet
able to eat and drink independently of their mothers and have an
increased need for maternal or human intervention to provide
nourishment and water frequently.
The benefit of the proposed rule is the reduced risk of inhumane
treatment of young and unweaned animals. A measure of this benefit,
once the rule is enacted, would be the reduction in the frequency of
illness and death of young animals while being transported. We believe
that a reduction in illness and death for dogs and cats resulted when
the same weaning and minimum age requirements were established for
those species. As far as we know, the benefit for dogs and cats has not
been documented, but general veterinary medical experience and
knowledge support the conclusion that shipping young animals increases
the risk of illness and death in these animals.
Costs of the proposed rule would be incurred by entities that would
otherwise transport animals unweaned and under 8 weeks of age, in terms
of the additional time the infant animals would need to be maintained
before transport. Direct costs of feeding and caring for these very
young animals until they are weaned and 8 weeks of age would be
minimal; care and sustenance would be provided by their mothers unless
the mother and offspring have been separated. The additional cost of
feeding animals ranges from less than $1 to $5 a day depending upon the
species of animal. For example, the cost of feeding small mammals, such
as ferrets and guinea pigs, is less than a $1 a day while the cost of
feeding a chimpanzee ranges from $2 to $5 a day.
There are generally no additional feeding costs for animals that
are nursing as compared to those that are not; however, there may be
additional costs associated with transporting animals that are nursing
with their mothers. The amount of space required for one adult animal
would generally be sufficient for unweaned cubs, puppies, and kittens.
as $50,000.\1---------------------------------------------------------------------------
\1\ http://www.monkeybreeder.com.
---------------------------------------------------------------------------
Another area of cost associated with the proposed rule would be the
higher shipping charges that would be incurred, simply because a weaned
animal that is at least 8 weeks of age would be larger than an animal
of the same species that is not yet weaned and less than 8 weeks old.
Table 1 shows live animal air cargo shipping rates by weight of the
shipment.
Table 1.--Live Animal Air Cargo Shipping Rates
------------------------------------------------------------------------
Security tax
Weight Rate ($0.21 per lb)
------------------------------------------------------------------------
0-9 lbs.................................... $109 $0--$1.89
10-50 lbs.................................. 189 2.10--10.50
51-70 lbs.................................. 239 10.71--14.70
71-100 lbs................................. 299 14.91--21.00
101-150 lbs................................ 359 21.21--31.50
151-200 lbs................................ 459 31.71--42.00
------------------------------------------------------------------------
The additional shipping costs are expected to be a small percentage
of the animal's sale price. We would expect the additional costs of
care and feeding of animals until they reach the minimum transport age
would be offset, and maybe exceeded, by the improved welfare benefits
to the animals in terms of enhanced safeguarding and decreased animal
morbidity and mortality that could result from the transport in
commerce of young animals. We expect the benefits of safeguarding
animals that are under 8 weeks of age and/or unweaned to exceed the
additional costs associated with care and feeding that would result
from this rule. We welcome information that the public may offer that
would allow the Agency to better evaluate benefits and costs of the
proposed rule.
Assessment of Alternatives
One alternative would be to make no changes to the current
regulations. However, transporting animals before they are 8 weeks of
age or weaned increases the risk of those animals becoming sick or
dying. In addition, we believe that certain circumstances may require
the transport of animals before reaching the minimum age requirement,
such as, transport to a medical facility for medical treatment. Such
exceptions would make it necessary to ensure these animals are also
transported safely. Therefore, doing nothing is not a viable option to
safeguarding animals in commerce.
Another alternative would be to allow the transport of weaned
animals without an 8-week minimum age requirement. This would allow
smaller animals that mature faster than larger animals to be
transported before reaching 8 weeks of age. This alternative would also
protect larger animals from being transported before they are weaned,
as it is possible that some larger species of animals will not by
weaned by 8 weeks of age. The problem with this alternative is that
brokers and dealers could falsely state that the animal has been weaned
in order to allow them to transport the animal prematurely.
A third alternative would be to implement a two-tiered system. The
system would compensate for smaller animals that are weaned before 8
weeks of age compared to larger animals that require more time to
mature. Such a system could use adult weight as the determining factor
for each tier and set an appropriate weight limit (e.g., 15 pounds). In
the first tier, animals weighing less than 15 pounds could be
transported when the animal is 4 weeks of age and weaned. In the second
tier, animals larger than 15 pounds would need to be 8 weeks of age and
weaned before transport. This alternative would benefit the entities
that broker and breed small pets while continuing to safeguard the
larger animals. However, APHIS believes this alternative could cause
problems when classifying the animals under each tier. Each animal's
life cycle is different and weight alone is not a good measure of when
the animal will become weaned and ready for transport. We welcome
public and industry comment on the potential impacts of a two-tiered
system for classifying animals for transport, including specific
criteria we should consider when classifying animals into tiers and
timeframes for weaning that can be applied to each tier.
For these reasons, we have determined that proposing minimum age
and weaning requirements would best safeguard the health and welfare of
larger animals. This proposed rule would also allow for the transport
of animals to research facilities before meeting the minimum age
requirement, provided that a transportation plan is submitted to and
approved by the Animal Care regional office. We believe that allowing
underage and unweaned research animals to be transported without a
transportation plan subjects these animals to unnecessary risks, and
that the plan is necessary to assure that these animals arrive safely
at their destinations. This proposed rule would also allow for animals
to be transported to a licensed veterinarian for medical care before
meeting the minimum age requirement.
PART 2--REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.
2. Section 2.130 is revised to read as follows:
Sec. 2.130 Minimum age requirements.
(a) Unless being transported in the same enclosure as its mother or
documented surrogate mother, no animal, other than birds, except as
provided in paragraphs (b) and (c) of this section, shall be delivered
by any person to any carrier or intermediate handler for transportation
in commerce, or be transported in commerce by any person unless such
animal has been weaned and is at least 8 weeks of age.
(b)(1) Persons wishing to transport an animal that has not been
weaned and that is not at least 8 weeks of age without its mother or
documented surrogate mother to a registered research facility for a
specific protocol approved by the Institutional Animal Care and Use
Committees (IACUC) must obtain prior written approval by the
appropriate Animal Care regional office by submitting, in writing, a
transportation plan signed by the attending veterinarian and head of
the animal caregiving staff outlining the reason for the transport
(including the IACUC-approved protocol involved, if applicable),
transportation specifics (including, but not limited to, dates,
destination, intermediate carrier or handler to be used, mode of
transportation, and enclosure size and design), food and water
arrangements, attendants and/or monitoring plan, contact provisions in
case of medical or other care needs, and, for nonhuman primates, how
the special needs of the infant will be met during transportation (in
support of the requirements of Sec. 3.81).
(2) One transportation plan may be submitted for multiple animals
being transported from one facility if the plan can show that the needs
of all of the animals have been accommodated as determined by Animal
Care.
(3) Transportation plans submitted via e-mail or facsimile must
also include the names, mailing addresses, and phone numbers of the
attending veterinarian and head of the animal caregiving staff. Those
submitting plans via e-mail or facsimile must also keep on file a copy
of the transportation plan that is signed by the attending veterinarian
and head of the animal caregiving staff and make the plan available to
Animal Care upon request.
(c)(1) Persons may transport an animal that has not been weaned and
that is not at least 8 weeks of age without its mother or documented
surrogate mother to a licensed veterinarian for routine medical care,
provided the animal is returned to the licensed or registered facility
from which it originated upon the completion of the medical care for
which it was transported and no change of ownership is involved. If
those conditions are not met, then persons wishing to transport animals
that have not been weaned and that are not at least 8 weeks of age for
routine medical care must obtain approval from the appropriate Animal
Care regional office by submitting a transportation plan in accordance
with paragraph (b) of this section.
(2) One transportation plan may be submitted for multiple animals
being transported from one facility if the plan can show that the needs
of all of the animals have been accommodated as determined by Animal
Care.
(3) Persons may transport animals that have not been weaned and
that are not at least 8 weeks of age to a licensed veterinarian for
emergency medical care without a transportation plan.
Done in Washington, DC, this 5th day of May 2008.
Bruce Knight,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. E8-10400 Filed 5-8-08; 8:45 am]
BILLING CODE 3410-34-P
WHO TO CONTACT
Docket Title Recently Posted USDA Rules and Notices.
Docket Type
Document ID USDA_FRDOC_0001-0222
Views
Add Comments
How To Comment You may submit comments by either of the following methods:
• Federal eRulemaking Portal: Go to http:// www.regulations.gov/fdmspublic/component/ main?main=DocketDetail&d=APHIS-2006-0024to submit or view comments and to view supporting and related materials available electronically.
• Postal Mail/Commercial Delivery: Please send two copies of your comment to Docket No. APHIS-2006-0024, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0024. Reading Room: You may read any comments that we receive on this docket in our reading room. The reading room is located in Room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 690-2817 before coming. Other Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov.
Title Minimum Age Requirements for the Transport of Animals
Abstract
Document Type PROPOSED RULES
CFR Citation 9 CFR 2
Start End Page 26344 - 26349
Effective Date
FR Volume Number
Federal Register Number E8-10400
Date Posted 05/09/2008
Comment Start Date 05/09/2008
Comments Due 07/08/2008
Proposed New Legislation
PLEASE TAKE THE TIME TO READ THIS AND SPREAD THE WORD THIS EFFECTS US ALL. THIS AMENDMENT IS TO STOP THE TRANSPORT OF ALLWARM
BLOODED ANIMALS UNDER 8 WEEKS OF AGE OR UNWEANED
WHAT DOES THIS MEANS TO US AS A REPTILE COMMUNITY ? IT MEANS THAT WE WILL NOT BE ABLE TO BUY SELL TRANSPORT PINKIES, RAT PUPS FUZZYS OR HOPPERS.
[Proposed Rules]
[Page 26344-26349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my08-19]
================================================== =====================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 2
[Docket No. APHIS-2006-0024]
RIN 0579-AC14
Minimum Age Requirements for the Transport of Animals
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We propose to amend the Animal Welfare Act regulations by
adding minimum age requirements for the transport in commerce of
animals. The regulations currently contain such requirements for dogs
and cats, but no corresponding ones for other regulated animals,
despite the risks associated with the early transport of these species.
We also propose to amend the regulations to allow, provided certain
conditions are met, for animals to be transported without their mothers
for medical treatment and for scientific research before reaching the
minimum age and weaning requirement. Establishing minimum age
requirements for the transport in commerce of animals and providing for
the transport of animals that have not met the minimum age requirements
are necessary to help ensure the humane treatment of these animals.
DATES: We will consider all comments that we receive on or before July
8, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0024 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2006-0024, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2006-0024.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in Room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff
Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale,
MD 20737-1231; (301) 734-7833.
SUPPLEMENTARY INFORMATION:
Background
The Animal Welfare Act (the Act) (7 U.S.C. 2131 et seq.) authorizes
the Secretary of Agriculture to promulgate standards and other
requirements governing the humane handling, care, treatment, and
transportation of certain animals by dealers, research facilities,
exhibitors, carriers, and intermediate handlers. The Secretary of
Agriculture has delegated the responsibility of enforcing the Act to
the Administrator of the Animal and Plant Health Inspection Service
(APHIS). The regulations established under the Act are contained in
title 9 of the Code of Federal Regulations (9 CFR), chapter I,
subchapter A, parts 1, 2, and 3. The regulations in 9 CFR part 2
pertain to the safe and humane handling of animals.
Section 2.130 sets forth minimum age requirements for dogs and cats
to be transported in commerce. Under Sec. 2.130, dogs and cats cannot
be transported in commerce or delivered by any person unless they are 8
weeks of age and have been weaned, except if transported to a
registered research facility. Currently, no such requirements exist for
other regulated animals. It is our position that all animals should be
afforded the same protections as provided for dogs and cats. We are
currently developing standards for birds in a separate proposed rule;
therefore, birds were not considered during the development of the
proposed minimum age requirements in this rule.
[[Page 26345]]
APHIS is proposing this rule to safeguard the welfare and well-
being of regulated animals and to protect those not yet safeguarded
from possible stress, distress, pain, suffering and/or death during the
transport process. APHIS currently requires that all domestic dogs and
cats transported for regulated purposes be at least 8 weeks of age and
weaned prior to transport. These same protections should be afforded
all regulated species.
Longstanding experience and general veterinary medical experience
and knowledge support the conclusion that shipping young animals
increases the risk of illness and death in these animals. Unweaned
animals and animals of many species under the age of 8 weeks are
generally not yet able to eat and drink independently of their mothers
and have an increased need for maternal or human intervention to
provide nourishment and water frequently. By 8 weeks of age, most
animals are able to digest solid foods and are no longer dependent on
their mothers as their sole source of nutrition. The young of social
species such as nonhuman primates need physical and social interactions
for proper development, and a loss of role models and companionship
from an animal of the same species can lead to lifetime behavioral and
social problems.
Review of past enforcement issues with the transport of young
animals involve a wide variety of issues. While we can attribute
certain injuries, illnesses, or deaths of some young animals to being
transported before they were weaned and/or 8 weeks of age, it is
difficult to determine exactly how many such incidents have occurred
because there is currently no age restriction for transport. As such,
the age of the animals involved is not always documented. In addition,
incidents resulting in injury, illness, or death of young, unweaned
animals may be underreported, as many may involve noncommercial
transport agents and vehicles.
Based on acknowledged animal care principles and physiology of
infant and juvenile animals, any transport totaling more than 2 hours,
especially if the animal is unweaned and not observed or handled during
that time, would be stressful and possibly distressful because young
animals need to be fed and may not be able to adequately control their
body temperature. The risk of illness or death of the animal may
increase if the animals are delayed from reaching their destinations on
flights or ground transportation systems that are delayed.
In addition, it is in the animal's best interest and welfare to be
provided with consistent care during the critical period from birth to
weaning by responsible, knowledgeable, and experienced people.
Providing animals that are only a day or weeks old and/or unweaned to
unqualified persons could result in the death of the animal in many
instances. While it is beyond the scope of APHIS' regulatory authority
to address the issue of private owner competence, providing a weaned
and older animal reduces the risks of serious complications that could
otherwise occur with an animal that is unweaned and/or under the age of
8 weeks.
Therefore, we believe that it is necessary to amend the regulations
to provide that animals under the age of 8 weeks and unweaned, not
transported in the same enclosure as their mothers, may not be
transported in commerce unless it is medically necessary for the health
of the animal or the animal is destined for a registered research
facility and needs to be acquired at this age to satisfy a specific
research protocol approved by Institutional Animal Care and Use
Committees (IACUC). While we are proposing to use 8 weeks as the
minimum age standard in this document, we recognize that some species
are naturally weaned at an earlier age. We welcome any comments or
suggestions regarding particular species or circumstances in which it
might be appropriate to have a minimum age requirement greater or less
than 8 weeks.
We propose to amend Sec. 2.130 by adding a new paragraph (a) to
specify that no animal, other then birds, be delivered by any person to
any carrier or intermediate handler for transportation in commerce, or
be transported in commerce by any person unless the animal is with its
mother or has been weaned and is at least 8 weeks of age.
We recognize that situations may arise which require the transport
of underage and/or unweaned animals and would provide the licensee or
registrant with some flexibility. To accomplish this, we propose to add
a new paragraph (b) to provide an exception for animals that are less
than 8 weeks of age and/or unweaned, to be transported to registered
research facilities for use in specific IACUC-approved research
protocols, provided a transportation plan is submitted to and approved
by the appropriate Animal Care regional office. The transportation plan
would have to be signed by the attending veterinarian and head of the
animal caregiving staff and outline the reason for the transport
(including the IACUC-approved protocol involved, if applicable),
transportation specifics (including, but not limited to, dates,
destination, intermediate carrier or handler to be used, mode of
transportation, and enclosure size and design), food and water
arrangements, attendants and/or monitoring plan, contact provisions in
case of medical or other care needs, and, for nonhuman primates, how
the special needs of the infant will be met during transportation. Our
proposed rule would also allow for one transportation plan to be
submitted for multiple animals being transported from one facility if
the plan can show that the needs of all of the animals have been
accommodated as determined by Animal Care. As noted previously, Sec.
2.130 currently provides for underage/unweaned dogs and cats to be
moved to a registered research facility, but does not require a
transportation plan. Our proposal would require an APHIS-approved
transportation plan and IACUC-approved protocols for all animals. By
requiring research protocols to be IACUC-approved, we would ensure that
unweaned animals and/or animals under the age of 8 weeks are needed for
the specific research being conducted at the facility.
[[Page 26346]]
animals have been accommodated as determined by Animal Care. We would
not require a transportation plan in the event that the animal requires
emergency medical care because we do not believe that it would be in
the best interest of the animal. This would ensure that the animal
receives timely care. However, to the extent possible, appropriate care
should be taken to ensure the humane treatment of the animal.
The Animal Care regional office would accept requests made using e-
mail and via facsimile in order to avoid delaying the transport of the
animal. Requests made using e-mail or facsimile would have to include
the transportation plan and the names, mailing addresses, and phone
numbers of the attending veterinarian and head of the animal caregiving
staff. The Animal Care regional office would contact the veterinarian
and head of the animal caregiving staff to confirm their concurrence
with the plan. In addition, a copy of the transportation plan signed by
the attending veterinarian and head of the animal caregiving staff
would have to be kept on file and made available for APHIS inspection.
Written approval of the transportation plan by the APHIS regional
office would have to be received before the animal(s) could be
transported in commerce.
We believe a transportation plan is necessary to ensure that the
licensee or registrant understands and has taken into account the
issues that might arise when transporting unweaned/underage animals
(e.g., transportation will not be too long, there are adequate food and
water resources along the way, etc.). In the past, unanticipated events
(e.g., delays, misdirected shipments) have resulted in the deaths of
animals. By ensuring proper planning on the part of the licensee or
registrant, the occurrence of such incidents can be minimized. We
welcome comments on the practical utility of the proposed
transportation plan requirement and the specific elements that would
have to be addressed in the plan, including how we might enhance the
quality, utility, and clarity of the information collected and how we
might reduce the paperwork burden that would be associated with the
proposed transportation plan requirement, including the use of
performance based criteria as a substitute for specific plan
requirements, or some combination of the two.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget.
For this proposed rule, we have prepared an economic analysis,
which is set out below. The analysis considers the potential economic
effects of the rule on small entities as required by the Regulatory
Flexibility Act and the potential costs and benefits of the rule as
required by Executive Order 12866.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
effects of this proposed rule on small entities. We do not currently
have all the data necessary for a comprehensive analysis of the effects
of this proposed rule on small entities. Therefore, we are inviting
comments concerning potential effects. In particular, we are interested
in determining: (1) The number of entities that transport unweaned/
underage animals for scientific purposes and/or medical treatment; (2)
the age at which these animals are being transported; and (3) any
additional information that may help us to determine the economic
impact of the proposed minimum age requirements for animals.
We propose to amend the Animal Welfare Act regulations by adding
minimum age requirements for the transport in commerce of animals. The
regulations currently contain such requirements for dogs and cats, but
no corresponding ones for other regulated animals, despite the risks
associated with the early transport of these species. We also propose
to amend the regulations to allow, provided certain conditions are met,
for animals to be transported without their mothers for medical
treatment and for scientific research before reaching the minimum age
and weaning requirement. Establishing minimum age requirements for the
transport in commerce of animals and providing for the transport of
animals that have not met the minimum age requirements are necessary to
help ensure the humane treatment of these animals.
Benefits and Costs of the Rule
Transporting young, unweaned animals without their mothers
increases the risk of them becoming sick or dying during transport.
According to APHIS Animal Care, this risk may increase if the animals
are delayed from reaching their destinations because of flights or
ground transportation systems that are delayed. Unweaned animals and
animals of many species under the age of 8 weeks are generally not yet
able to eat and drink independently of their mothers and have an
increased need for maternal or human intervention to provide
nourishment and water frequently.
The benefit of the proposed rule is the reduced risk of inhumane
treatment of young and unweaned animals. A measure of this benefit,
once the rule is enacted, would be the reduction in the frequency of
illness and death of young animals while being transported. We believe
that a reduction in illness and death for dogs and cats resulted when
the same weaning and minimum age requirements were established for
those species. As far as we know, the benefit for dogs and cats has not
been documented, but general veterinary medical experience and
knowledge support the conclusion that shipping young animals increases
the risk of illness and death in these animals.
Costs of the proposed rule would be incurred by entities that would
otherwise transport animals unweaned and under 8 weeks of age, in terms
of the additional time the infant animals would need to be maintained
before transport. Direct costs of feeding and caring for these very
young animals until they are weaned and 8 weeks of age would be
minimal; care and sustenance would be provided by their mothers unless
the mother and offspring have been separated. The additional cost of
feeding animals ranges from less than $1 to $5 a day depending upon the
species of animal. For example, the cost of feeding small mammals, such
as ferrets and guinea pigs, is less than a $1 a day while the cost of
feeding a chimpanzee ranges from $2 to $5 a day.
There are generally no additional feeding costs for animals that
are nursing as compared to those that are not; however, there may be
additional costs associated with transporting animals that are nursing
with their mothers. The amount of space required for one adult animal
would generally be sufficient for unweaned cubs, puppies, and kittens.
as $50,000.\1---------------------------------------------------------------------------
\1\ http://www.monkeybreeder.com.
---------------------------------------------------------------------------
Another area of cost associated with the proposed rule would be the
higher shipping charges that would be incurred, simply because a weaned
animal that is at least 8 weeks of age would be larger than an animal
of the same species that is not yet weaned and less than 8 weeks old.
Table 1 shows live animal air cargo shipping rates by weight of the
shipment.
Table 1.--Live Animal Air Cargo Shipping Rates
------------------------------------------------------------------------
Security tax
Weight Rate ($0.21 per lb)
------------------------------------------------------------------------
0-9 lbs.................................... $109 $0--$1.89
10-50 lbs.................................. 189 2.10--10.50
51-70 lbs.................................. 239 10.71--14.70
71-100 lbs................................. 299 14.91--21.00
101-150 lbs................................ 359 21.21--31.50
151-200 lbs................................ 459 31.71--42.00
------------------------------------------------------------------------
The additional shipping costs are expected to be a small percentage
of the animal's sale price. We would expect the additional costs of
care and feeding of animals until they reach the minimum transport age
would be offset, and maybe exceeded, by the improved welfare benefits
to the animals in terms of enhanced safeguarding and decreased animal
morbidity and mortality that could result from the transport in
commerce of young animals. We expect the benefits of safeguarding
animals that are under 8 weeks of age and/or unweaned to exceed the
additional costs associated with care and feeding that would result
from this rule. We welcome information that the public may offer that
would allow the Agency to better evaluate benefits and costs of the
proposed rule.
Assessment of Alternatives
One alternative would be to make no changes to the current
regulations. However, transporting animals before they are 8 weeks of
age or weaned increases the risk of those animals becoming sick or
dying. In addition, we believe that certain circumstances may require
the transport of animals before reaching the minimum age requirement,
such as, transport to a medical facility for medical treatment. Such
exceptions would make it necessary to ensure these animals are also
transported safely. Therefore, doing nothing is not a viable option to
safeguarding animals in commerce.
Another alternative would be to allow the transport of weaned
animals without an 8-week minimum age requirement. This would allow
smaller animals that mature faster than larger animals to be
transported before reaching 8 weeks of age. This alternative would also
protect larger animals from being transported before they are weaned,
as it is possible that some larger species of animals will not by
weaned by 8 weeks of age. The problem with this alternative is that
brokers and dealers could falsely state that the animal has been weaned
in order to allow them to transport the animal prematurely.
A third alternative would be to implement a two-tiered system. The
system would compensate for smaller animals that are weaned before 8
weeks of age compared to larger animals that require more time to
mature. Such a system could use adult weight as the determining factor
for each tier and set an appropriate weight limit (e.g., 15 pounds). In
the first tier, animals weighing less than 15 pounds could be
transported when the animal is 4 weeks of age and weaned. In the second
tier, animals larger than 15 pounds would need to be 8 weeks of age and
weaned before transport. This alternative would benefit the entities
that broker and breed small pets while continuing to safeguard the
larger animals. However, APHIS believes this alternative could cause
problems when classifying the animals under each tier. Each animal's
life cycle is different and weight alone is not a good measure of when
the animal will become weaned and ready for transport. We welcome
public and industry comment on the potential impacts of a two-tiered
system for classifying animals for transport, including specific
criteria we should consider when classifying animals into tiers and
timeframes for weaning that can be applied to each tier.
For these reasons, we have determined that proposing minimum age
and weaning requirements would best safeguard the health and welfare of
larger animals. This proposed rule would also allow for the transport
of animals to research facilities before meeting the minimum age
requirement, provided that a transportation plan is submitted to and
approved by the Animal Care regional office. We believe that allowing
underage and unweaned research animals to be transported without a
transportation plan subjects these animals to unnecessary risks, and
that the plan is necessary to assure that these animals arrive safely
at their destinations. This proposed rule would also allow for animals
to be transported to a licensed veterinarian for medical care before
meeting the minimum age requirement.
PART 2--REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.
2. Section 2.130 is revised to read as follows:
Sec. 2.130 Minimum age requirements.
(a) Unless being transported in the same enclosure as its mother or
documented surrogate mother, no animal, other than birds, except as
provided in paragraphs (b) and (c) of this section, shall be delivered
by any person to any carrier or intermediate handler for transportation
in commerce, or be transported in commerce by any person unless such
animal has been weaned and is at least 8 weeks of age.
(b)(1) Persons wishing to transport an animal that has not been
weaned and that is not at least 8 weeks of age without its mother or
documented surrogate mother to a registered research facility for a
specific protocol approved by the Institutional Animal Care and Use
Committees (IACUC) must obtain prior written approval by the
appropriate Animal Care regional office by submitting, in writing, a
transportation plan signed by the attending veterinarian and head of
the animal caregiving staff outlining the reason for the transport
(including the IACUC-approved protocol involved, if applicable),
transportation specifics (including, but not limited to, dates,
destination, intermediate carrier or handler to be used, mode of
transportation, and enclosure size and design), food and water
arrangements, attendants and/or monitoring plan, contact provisions in
case of medical or other care needs, and, for nonhuman primates, how
the special needs of the infant will be met during transportation (in
support of the requirements of Sec. 3.81).
(2) One transportation plan may be submitted for multiple animals
being transported from one facility if the plan can show that the needs
of all of the animals have been accommodated as determined by Animal
Care.
(3) Transportation plans submitted via e-mail or facsimile must
also include the names, mailing addresses, and phone numbers of the
attending veterinarian and head of the animal caregiving staff. Those
submitting plans via e-mail or facsimile must also keep on file a copy
of the transportation plan that is signed by the attending veterinarian
and head of the animal caregiving staff and make the plan available to
Animal Care upon request.
(c)(1) Persons may transport an animal that has not been weaned and
that is not at least 8 weeks of age without its mother or documented
surrogate mother to a licensed veterinarian for routine medical care,
provided the animal is returned to the licensed or registered facility
from which it originated upon the completion of the medical care for
which it was transported and no change of ownership is involved. If
those conditions are not met, then persons wishing to transport animals
that have not been weaned and that are not at least 8 weeks of age for
routine medical care must obtain approval from the appropriate Animal
Care regional office by submitting a transportation plan in accordance
with paragraph (b) of this section.
(2) One transportation plan may be submitted for multiple animals
being transported from one facility if the plan can show that the needs
of all of the animals have been accommodated as determined by Animal
Care.
(3) Persons may transport animals that have not been weaned and
that are not at least 8 weeks of age to a licensed veterinarian for
emergency medical care without a transportation plan.
Done in Washington, DC, this 5th day of May 2008.
Bruce Knight,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. E8-10400 Filed 5-8-08; 8:45 am]
BILLING CODE 3410-34-P
WHO TO CONTACT
Docket Title Recently Posted USDA Rules and Notices.
Docket Type
Document ID USDA_FRDOC_0001-0222
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Add Comments
How To Comment You may submit comments by either of the following methods:
• Federal eRulemaking Portal: Go to http:// www.regulations.gov/fdmspublic/component/ main?main=DocketDetail&d=APHIS-2006-0024to submit or view comments and to view supporting and related materials available electronically.
• Postal Mail/Commercial Delivery: Please send two copies of your comment to Docket No. APHIS-2006-0024, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0024. Reading Room: You may read any comments that we receive on this docket in our reading room. The reading room is located in Room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 690-2817 before coming. Other Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov.
Title Minimum Age Requirements for the Transport of Animals
Abstract
Document Type PROPOSED RULES
CFR Citation 9 CFR 2
Start End Page 26344 - 26349
Effective Date
FR Volume Number
Federal Register Number E8-10400
Date Posted 05/09/2008
Comment Start Date 05/09/2008
Comments Due 07/08/2008
