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Activist Toolbox
by Don Elroy, Advocacy & Education Coordinator
What
you can do to help animals in captivity:
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All commercial activity involving
animals is governed by USDA. The appropriate agency
in USDA is controlled by the Animal and Plant Health
Inspection Service (APHIS). The department of APHIS
which governs animal welfare inspections is the Animal
Care division. |
| • |
All commercial activity with captive
animals is subject to the Animal Welfare Act (AWA),
The Animal Welfare Act and the regulations and standards
of care can be located on the APHIS
website. Specific regulations for particular species
are divided into categories. Some regulations are general
and cover all species. Read the AWA and familiarize
yourself with the regulations and standards. |
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Find the name of the facility or
the facility owner; check for licenses on the APHIS
website. Establish the type of license that the
facility does or does not have. File a FOIA (Freedom
of Information Act Request) either online through this
website or by mail or fax. File a request for inspection
reports for the facility and if further information
is needed file a second request for other documentation
separately. This will hasten the receipt of inspection
reports while other information may take a longer period
of time to process. Establish which USDA/APHIS Animal
Care inspector is in charge of your area and contact
them personally. All inspectors have voicemail and contact
information can be found through the USDA
website calling the regional office that has authority
in your area. If you establish violations of the Animal
Welfare Act, file a written complaint through the appropriate
regional office. Request notification of the results
of your complaint so that when you file a FOIA for USDA
actions taken you will receive the results of the inspection
or investigation conducted. Investigations are conducted
by the Investigative and Enforcement Services (IES)
division and are separate from the initial inspections.
To find information on violations previously incurred
and cases settled on a facility go to the website
from the office of General Counsel. |
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Establish which agency of your state
government inspects captive wildlife. This generally
falls under departments of wildlife, conservation, natural
resources, health or agriculture. The inspectors that
govern these facilities will normally be found in the
law enforcement division of the agency. Contact the
inspectors personally. Locate the laws in your state
that regulate captive wildlife issues. These are generally
found within state code or administrative code. Each
state has a website and state codes can be found through
those websites or through Findlaw.
Search for the captive wildlife laws and read them thoroughly.
Some state laws and regulations can be stronger than
the AWA. |
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Most states require health certificates
to accompany any animal imported into the state. These
can be located through the State Veterinarian, who is
generally under the State Department of Agriculture.
Importation rules are created by individual states and
can be found at this
website. These health certificates are available
in most states through the open records acts or sunshine
laws. |
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Review your local ordinances for
prohibitions or regulations concerning captive wildlife.
Many counties and municipalities now have ordinances
affecting captive wildlife issues (e.g., TX has allowed
counties to regulate or prohibit on an individual basis).
File complaints as necessary. |
| • |
Other agencies which may be explored
for rules and regulations. The United
States Fish & Wildlife Service covers activity
with endangered species and other animals under the
Lacey Act (transportation/importation/export/interstate
transportation) and captive bred wildlife permits. The
law enforcement division is at this
website. The environmental department of your state
or local health departments can be helpful with concerns
about pollution runoff or disposal from a facility.
When dealing with public safety issues there may be
several departments involved with the process. Local
law enforcement, animal control departments, health
and/or safety departments (zoonosis, animal attacks
or bites), wildlife divisions or DNR (structural breech
and subsequent escape). |
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Many animals are microchipped or
tattooed for identification. Humane societies or animal
control agencies have universal scanners available for
indentifying escaped animals. Many captive wild animals
have been microchipped with a Vestron chip. The entire
body of the animal should be scanned since chips can
move throughout the body. |
Facility Walkthrough: What to Look For
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Gather as much information as you
can about the species that you are concerned with in
the facility. Find their proper dietary requirements
and normal behavioral patterns in their natural environment.
Watch for any aberrant behavioral patterns or abnormalities.
Typical problems range from lackluster coats in fur-bearing
animals, pacing back and forth repetitively (stereotypic
behavior), weight loss (emaciated look), diarrhea, favoring
a leg or arm, discolored skin, lack of appetite, dry
cracked feet in elephants, and problems may sometimes
be as obvious as self-mutilation (fingers chewed to
the bone) or head-banging. An animal who remains motionless
with a blank stare is exhibiting abnormal behavior.
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Observe the physical environment provided
for the animal in question. Space is a necessity for
all animals to have any level of comfort in their captive
situation. They require space to escape the onset of
aggression from others of their own species and areas
to escape public view. Every species has special needs
in their environment requiring space. Bears as an example
are solitary animals that do not often do well housed
in groups. Males travel up to 50 miles per day and mark
territory by scratching marks on trees. Rarely will
they tolerate another male bear within their territory.
Elephants are extremely dependent on social structure
and need the company of other elephants. They should
never be housed alone. |
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Look for the "tools of the trade."
The ankus or bullhook may be seen when trainers or keepers
house elephants. Cattle prods or shocking devices have
been used in training elephants and large cats. Dowel
rods, pipes, whips and chains are all training devices
that are used to make an animal submit to the trainer’s
dominance. Watch the reaction of the animal to the trainer
or keeper. Many animals will urinate or defecate at
the site of the trainer from unseen use of these devices. |
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Look for the basic needs. Water is
essential to all captive animals. Water deprivation
has been used by some trainers to create dependency.
Food deprivation is used for the same purpose. Water
deprivation in many species can cause heatstroke and
overheating because many species have no sweat glands
and must pant and use water or mud to cool down. Water
should always be available. Shade is also essential,
in hot summer months particularly. This is a requirement
under the AWA and is generally lacking in many exhibits
and traveling acts. Shelter is required and should be
accessible to the animals. Many times shelter is provided
as an indoor area connected by a small doorway to the
exterior enclosure. Exhibitors many times close these
doorways to the inside so that animals remain in public
view. |
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Enrichment is necessary for all captive
animals and is required for some species under the AWA
regulations. Primates become quickly bored in captive
situations and exhibit signs of stress through physical
mutilation or injury to others. Watch for use of browse
(branches with leaves), toys, arrangement of the environment,
puzzle feeders, tubes with food or treats and observe
whether they are used and whether they are varied from
one walkthrough to the next. The enclosure itself should
contribute to enrichment. In most cases all natural
landscape is removed from the enclosure leaving a barren
area filled only with man-made fake rocks and trees. |
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Substrates (flooring) have an impact
on animals in captivity. Not only can animals suffer
from walking on hard surfaces, they also suffer from
excessive heat buildup on rock or concrete. Elephants
in captivity develop pododermatitis (foot rot) and arthritis
from years spent standing on hard surfaces and the lack
of space and variety of substrates. Surfaces chosen
by exhibitors sometimes reflect an emphasis on easy
cleaning rather than concern for the animals. |
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Emaciation and some physical problems
can be determined by sight but, internal problems are
not easily ascertained. Wild animals mask injuries to
avoid the risk of being seen as vulnerable. Medical
records for publicly funded facilities can be obtained
through FOIA requests and sometimes directly from the
facility. Investigations created from medical records
should be undertaken by a veterinarian with a specialty
in exotic animal medicine and in conjunction with a
governing agency. |
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Use video and photography whenever
possible. Documenting evidence is always important and
when viewing these pictures later you may see things
that you missed by visual observation. Always keep records
of your investigation for refreshing memory and ensuring
correct and factual information. |
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Follow the paper trail. There are
records kept on all captive animals used in commercial
activity. Learn as much as you can about the facility
and their connections to other dealers, breeders and
exhibitors. Many times they offer much of that information
through their own websites or organizations that they
participate in. If they are connected with facilities
that have poor track records and a history of violations,
that offers you possible information on their own manner
of animal care. Find where they received training in
handling animals and what course of study they pursued.
If the trainer learned from a mentor with a record of
animal mistreatment, they probably are using those training
methods with their animals. Wild animal training typically
is not performed with kindness or a reward system. It
is an abusive system. |
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Recapture plans: Every facility is
required to have a plan in place to recapture animals
in the event of an escape. Obtain copies of these plans
and study them for public safety and safety of the animals.
Facilities are required to have perimeter fences surrounding
their property under the AWA regulations. There can
be exemptions granted in some cases where a moat or
a rock wall serves as a barrier but in general the requirement
stands. For most animal species the perimeter fence
requirements are 8 ft. high and of structural strength
necessary for containment of the specific species. That
may mean 11 gauge fences in some cases to 9 gauge fences
in others. Caging requirements inside the perimeter
will vary by species. Every facility should be licensed
by the state and trained in the use of tranquilizer
dart guns in event of an escaped animal. If they cannot
be licensed or have no employee or veterinarian who
can be licensed then a red flag should go up and you
should question why. It may mean a past criminal record
or may be as simple as the local jurisdiction maintaining
the authority. Use public safety as an issue in working
on these issues. Local authorities will look at public
safety first and animal welfare second. Welfare concerns
will be addressed but open the conversation with public
concerns. |
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Connect. Do not rely totally on yourself
as the only source in any investigation. Others can
substantiate findings and assist with background information
during the process. Use "experts" in the field
if they are available to assess information and provide
statements or testimony for a possible complaint or
case. One person can make a difference; many together
can make a change. |
This checklist is meant to be a helpful guide
and not a comprehensive source for all scenarios. Be creative
and investigate all possible avenues that can be used to assist
animals suffering in problematic captive situations.
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