Petition to Amend the Definition of Class B Dealer

We appreciate the opportunity to comment on Docket No. APHIS-2006-1058, in which USDA/APHIS seeks input on a petition for rulemaking submitted by the Hunte Corporation. That petition requests the definition of Class B licensee in the Animal Welfare Act (AWA) be replaced with four new categories of licensees: pet distributor, exhibitor animal distributor, laboratory animal distributor, and other distributor. In commenting, the AVMA has reviewed both the referenced April 10, 2007 Federal Register notice and the August 11, 2006 petition submitted by Kelley Drye Collier Shannon (now Kelley Drye & Warren LLP) on behalf of the Hunte Corporation. Our review was conducted with particular attention to three issues: first, the rationale and supporting evidence provided by the Hunte Corporation for making the change; second, the impact of the proposed change on the welfare of animals regulated under the act; and third, whether revising the definition of Class B licensee would assist USDA-APHIS-Animal Care in enforcing the AWA and its regulations and policies. In its petition The Hunte Corporation contends the current definition of class B licensee is ?inappropriately broad? and that ?[s]ubstantive distinctions in the types of activities conducted by varied members of the class demand separate characterizations.? However, no details are provided that demonstrate the substantive differences claimed. Because the essential purpose of the AWA is to ensure the welfare of covered animals and because animal welfare is of primary importance to veterinarians, we paid particular attention to how the welfare of covered animals might be affected by a licensee classification change. Unfortunately, the Hunte Corporation?s petition does not fully address how the proposed re-designation of licensees would improve animal welfare. In conducting our own analysis, we have determined it is unlikely that the reclassification, by itself, would have direct impacts on the animals regulated under the Act. However, we are concerned that changing the classification of licensees in the absence of compelling evidence to do so will divert already scarce agency resources toward the development and implementation of new categories of dealers and away from issues more directly impacting animal care. Such a diversion of time and energy could result in negative welfare impacts for covered animals. The petition also states the current classification ?limits APHIS in its ability to individually regulate dissimilar licensees within the Class? and cites APHIS-Animal Care?s report to Congress as evidence of such limitations. Our review of the sections of the report to Congress that pertain to Class B licensees, however, suggests the opposite: the trace-back system used by APHIS-Animal Care under the current classification system appears to have been quite effective in ensuring that APHIS-Animal Care carries out its responsibilities appropriately. In summary, the AVMA does not support the recommended change in designation for Class B dealers as presented in Docket No. APHIS-2006-0158 and The Hunte Corporation?s petition. We see insufficient justification for the change, no indication that the proposed reclassification will facilitate enforcement of the AWA by APHIS-Animal Care, and have identified potential negative animal welfare impacts resulting from diversion of existing animal care enforcement resources to the administrative tasks that would be created by a new regulatory framework. The objective of the AVMA is to advance the science and art of veterinary medicine, and the Association has a long-term concern for, and commitment to, the welfare and humane treatment of animals. The AVMA represents more than 75,000 veterinarians and is the recognized voice for the profession in presenting its views to government, academia, agriculture, animal owners, the media, and other concerned members of the public. We appreciate the oppo…