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Wednesday, 07 January 2009
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Rules For the Care and Treatment of Elephants |
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Written by Robert Fisk
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Wednesday, 28 December 2005 |
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TESTIMONY OF ROBERT FISK, JR.
President & Director of Maine Friends of Animals
Rules pertaining to L.D. 327
December 9, 2005
RULES FOR THE CARE AND TREATMENT OF ELEPHANTS
Rules and Regulations Relating to Animal Welfare
In 2000 animal advocates came together in Maine to address what they
considered one of the more egregious forms of animal cruelty; that of
being a circus elephant. Our campaign raised public awareness of how a
circus elephant is trained, kept, used and disposed of. It is an
unusually cruel and miserable existence for such a free roaming,
intelligent, social, gentle giant. The campaign culminated with the
Maine House of Representatives voting (88-58) in favor of a bill to ban
any performing elephants in the state. Unfortunately it lost in the
Senate. But the advocates continued their campaign for two more years
and re-introduced the same legislation in 2003, L.D. 327 “An Act to
Prevent Elephant Abuse”, which brings us to today. The rules before us
are reasonable and minimal in which the circus industry must adhere to
while in the state. These rules reflect the standards of the APHIS and
the US Department of Agriculture in the care and treatment of animals.
It is hard for me to understand what possibly could be the reason the
circus industry is here today to oppose these rules. They are rules
they already are suppose to be operating under.
What this legislative directive does is to say we here in Maine take
these standards seriously and we expect them to be abided by. One might
argue why do we need these state rules if they are essentially covered
under APHIS and the USDA. Because this is not a bureaucratic overreach,
it is emphasizing rules on an industry that repeatedly has been in
violation of what are only minimal animal welfare standards.
I submit these lists with my testimony which document circus industry
violations, and as you will see they continue. Laws within the federal
Animal Welfare Act are poorly enforced and violations are rarely
prosecuted. There are about 100 inspectors to inspect over 12,000
licensed animal exhibitors, breeders and haulers, yet circuses are
still continually cited for violations of the federal Animal Welfare
Act. So we have a critically under funded and understaffed inspection
operation on the federal level, the minimal of animal welfare laws and
yet this industry is here trying to anything to will keep their
operation from the public light. But even the most humane conditions
could never make this outdated form of entertainment acceptable. This
November 13, 2005 Knight Ridder news article I am submitting cites the
industry’s abysmal record with the USDA and is entitled “As animal acts
become passé, many circuses fold up tents.”
So back to my original question. Why is the circus industry here today?
Throughout their testimony against L.D. 327 they claimed how well their
animals were treated and cared for. Then why would they possibly be
against operating under the most minimal of animal welfare standards
that these rules represent if they care so much for their animals?
I am also submitting a fact Sheet entitled “Know What the Circus
Industry Does Not Want you to Know” and “The Circus Industry Positions
and the Facts Behind the Opposition Arguments.” I will not take up your
time going over them, but these fact sheets lay out the false arguments
the industry uses to protect this outdated form of entertainment that
an enlightened society should have banned a long time ago. As public
awareness continues to grow about the plight of circus elephants in how
they are trained, kept and disposed of when no longer useful, and as
circuses without captive wildlife continue to grow in popularity, the
industry that is here today to fight even these basic standards of
animal welfare will cease to exist. But in the meantime it is essential
we take action now to reduce the animal suffering as much as we can.
These rules go a small, but important way in assuring a more humane
existence for these magnificent animals. Rules Maine animal advocates
will monitor closely.
We commend the Animal Welfare Program Director and the Department for
assembling these rules for such things as indoor and outdoor
facilities, space requirements, feeding/watering/sanitation,
transportation requirements, record keeping and proper handling and
inspection of elephants. They are in no way overreaching and in fact
reflect the standards of APHIS. We support the proposed rules, but we
would like to propose a few additions for your consideration.
1. Under Facilities, indoor we think the ambient temperatures for
heating and cooling should have specific temperatures. A suggested
replacement of “…to protect the elephants from extremes of temperature”
would be “indoor holding areas and transport vehicles be heated to a
minimum temperature of at least 55 degrees F and cooled when
temperatures exceed 80 degrees F.
2. Under Facilities, outdoor we would suggest a section entitled
‘perimeter fence’. All outdoor housing facilities must be enclosed by a
perimeter fence that is sufficient height to keep animals in and
unauthorized persons out. Fences should be at least 8 feet high for
potentially dangerous animals, which elephants have been classified by
the Maine Department of Inland Fisheries and Wildlife. After years of
constant confinement in miserable conditions elephants have been known
to attack and rampage. This is a public safety issue and outdoor
containment fences should be included in the rules.
3. Under space requirements we feel the enclosures should be given
some numerical delineation. We would suggest that enclosures be a
minimum of 400 sq. ft. for each elephant indoors, and outdoor yards
must have 1,800 sq. ft. for each adult individual and an additional 900
sq. ft. must be added for each additional animal.
4. Under Proper Handling #5 we think there is no reason to be using an
electrical device for any reason and the section that says “except as
an emergency safety device to protect keepers/handlers or elephants
from injury” should be removed.
5. An important provision listed in the original L.D. 327 language was
the reporting of the circus’s itinerary while in the state. This is not
an uncommon request and does not have to be an application, but a
simple list of when and where they will be in the state. The list would
be provided to the Department of Agriculture, specifically the Animal
Welfare Program, at least two months prior to entering the state.
6. Finally an original draft of these rules included a section on
enforcement that included language about inspection and examination. I
am not sure why they have not been included in the final draft, but
this is a major issue that is absolutely essential if these rules are
to be meaningful. There needs to be some language added that states
that “a state humane agent, animal control officer, Department of
Agriculture agent, or veterinarian employed by the state or a licensed
veterinarian at the direction of the commissioner, who receives no
compensation from or is employed by the animal owner or operator, be
able to enter an area where an elephant is kept or a compartment in
which the elephant is transported to inspect for compliance with these
rules and regulations. [Like USDA regulations] These inspections should
be unannounced and unbiased.”
Without unannounced inspections the violations can be easily covered
up. We strongly urge some inspection and examination language be added.
An enforcement section should also include what recourse the Department
will have if violations and non-compliance become egregious or
repeated.
We thank the Director for her work in assembling these rules for the
care and treatment of elephants. We believe it shows Maine takes animal
welfare and animal cruelty seriously and that we expect the same of
those who enter our state with animals.
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January 2008