Animal Welfare; Climatic Conditions for Transportation of Warmblooded Animals Other Than Marine Mammals

To Whom It May Concern: It is interesting to note that while many comments already submitted regarding this Proposed Rule endorse replacing the engineering standards of the regulation (i.e., the temperature specifications) with the performance standard contained in the proposed change, many of these same comments criticize the new language for lack of specificity! All the more reason to adopt the approach we recommend in our original comments (APHIS 2006-0150-0075.1), which would install the new performance standard (including dispensing with the acclimation certification) while retaining the ambient temperature requirements in the current regulation. We think that the rewritten rule puts much needed emphasis on assessing all travel conditions—alone and in combination--in terms of the overall welfare of the animal. As with all performance standards, especially in the initial phases of enforcement, we recognize the potential for more or less strict interpretation and disagreements. But there is no arguing with whether the ambient temperature does or does not comply with what is allowable. Keeping this engineering standard provides a necessary back-up to the performance standard. It is disingenuous to argue that this is an inappropriate approach when in fact the Animal Welfare Act regulations are replete with both performance and engineering standards for the same activity. For example, § 2.131, Handling of animals, has subparagraphs that direct licensees, among other things, to handle animals "as expeditiously and carefully as possible in a manner that does not cause overheating…" and, during public exhibition, to handle them "so there is minimal risk of harm to the animal and to the public." But it also includes the specific (engineering) directive that "performing animals shall be allowed a rest period between performances at least equal to the time for one performance." Similarly, and most apropos of the proposal at hand, § 3.3, Sheltered housing facilities, has performance and engineering standards in the same paragraph: "(a) Heating, cooling, and temperature. The sheltered part of sheltered housing facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature or humidity extremes and to provide for their health and well-being. The ambient temperature in the sheltered part of the facility must not fall below 50° F (10° C) for dogs and cats not acclimated….Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures fall below 50° F (10° C). The ambient temperature must not fall below 45° F (7.2° C) for more than 4 consecutive hours when dogs or cats are present, and must not rise above 85° F (29.5° C) for more than 4 consecutive hours when dogs or cats are present. The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions in parts 2 and 3 of this chapter." Other examples include, but are not limited to, Sections 3.6, 3.10, 3.26, 3.28, 3.53, 3.78, 3.79, 3.83. A number of provisions under the AWA regarding primary enclosures mandate specific minimum space requirements (engineering standards), but also require the performance standard that animals are able to "make normal postural adjustments with adequate freedom of movement." Therefore, there is sufficient legal precedent to allow for the use of both a performance and an engineering standard with respect to regulating the climatic and environmental conditions in which animals may be transported. Sincerely, Cathy Liss President Animal Welfare Institute

Animal Welfare Institute comments to Docket No. APHIS 99-014-2 ? Proposed Changes to 9 CRF Parts 2 and 3 (Animal Welfare; Climatic and Environmental Conditions for Transportation of Warmblooded Animals Other Than Marine Mammals)