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Dear P.R.I.D.E.
Visitor:
The board of directors of Mush with P.R.I.D.E. is aware that the Sled
Dog Care Guidelines are being misinterpreted & misrepresented by
various groups. The guidelines were carefully compiled to
educate and inform our fellow mushers. If while reading these
guidelines you have questions, please feel free to contact us
Mush with P.R.I.D.E. correspondence may be directed to
P.O. Box 84915, Fairbanks, AK 99708-4915 USA.
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USDA Final Tethering Rule (Part 2)
A few commenter's said that tethering is used
to train hunting dogs and should be allowed for this purpose. At the
present time, the breeding or training of hunting dogs is not a
regulated activity. Therefore, the activities of hunting dog
breeders and trainers would not be affected by this rule. If we
determine that standards should be promulgated for the care of
hunting dogs by breeders, we will publish a proposal in the Federal
Register.
One commenter requested that tethering be permitted with the
recommendation of a veterinarian. We would like to emphasize that we
are only prohibiting the use of permanent tethering as a means of
primary enclosure. Temporarily tethering a dog due to health or
other reasons would be permitted under this rule if the licensee
obtains the approval of APHIS.
Several commenter's said that if tethering is harmful to dogs housed
by licensed breeders and dealers, then it is harmful to all dogs.
The commenter's said that we should extend the regulation to
prohibit tethering of dogs housed by humane societies, pounds,
individual pet owners, and hunting breed producers. While we agree
with commenter's that all dogs should be treated in a humane manner,
we are not making any changes to the rule in response to these
comments. The AWA authorizes our agency to promulgate standards and
other requirements governing the humane handling, housing, care,
treatment, and transportation of certain animals by dealers,
research facilities, exhibitors, and carriers and intermediate
handlers.
The AWA does not authorize us to promulgate standards for the care
of animals by humane societies, pounds, or individual pet owners.
Requirements for the care of animals owned by individuals, and for
the enforcement of animal control laws, are under State or local
authority. Further, as stated previously in this document, the
breeding or training of hunting dogs is not a regulated activity at
the present time. If we determine that standards should be
promulgated for the care of hunting dogs by breeders, we will
publish a proposal in the Federal Register.
One commenter recommended several additional amendments to the
regulations concerning primary enclosures. The recommendations
include requiring that all dogs have an indoor housing facility and
an outdoor run, revising the formula for calculating the required
enclosure size, adopting stricter sanitation requirements, requiring
that psychological enrichments such as toys and human companionship
be provided to dogs housed in licensed facilities, and adding
additional exercise requirements. This comment requests amendments
that are outside the scope of the proposed regulation. However, we
will consider the comment as a request for additional rulemaking. If
we decide to make any changes to the regulations in response to this
request, we will publish a proposed rule in the Federal Register.
One comment addressed the Initial Regulatory Flexibility Analysis
that appeared in the proposed rule. We have addressed this comment
as part of the Final Regulatory Flexibility Analysis that appears
later in this document.
Therefore, based on the rationale set forth in the proposed rule and
in this document, we are adopting the provisions of the proposal as
a final rule with the changes discussed in this document.
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been reviewed under Executive
Order 12866. The rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget.
This document makes final part of a proposed rule published in the
Federal Register on July 2, 1996 (61 FR 34386-34389, Docket no.
95-078-1). As part of the proposed rule document, we performed an
Initial Regulatory
[[Page 43274]]
Flexibility Analysis, in which we invited
comments concerning potential economic effects of the proposed rule.
We received one comment on the proposed rule that addressed our
Initial Regulatory Flexibility Analysis. This comment is discussed
below. However, the comment did not specifically offer information
on the potential economic effects that prohibiting tethering as a
means of primary enclosure would have on small entities.
Therefore, we have based this Final Regulatory Flexibility Analysis
on the
data available to us.
The part of the proposed rule we are making final will eliminate
permanent tethering as a means of primary enclosure for dogs in
facilities licensed or registered under the Animal Welfare Act. We
are taking this action because our experience in enforcing the
Animal Welfare Act has led us to conclude that permanently tethering
a dog as a means of primary enclosure is not a humane practice that
is in the animal's best interests. The comment we received on the
Initial Regulatory Flexibility Analysis said that the analysis falls
short of what needs to be included in a Regulatory Flexibility
Analysis. Specifically, the commenter said that the analysis should
discuss other alternatives to the proposal, such as requiring a
flexible tether; should show evidence of a consultative process with
the affected industry; should address how frequently inspectors find
dogs to be injured as a result of tethering; and should explore
whether or not most injuries are due more to neglect than to a
tether. We have made no changes to the proposed rule based on this
comment. However, we have tried to address the commenter's concerns
in this final analysis. As we stated in the Initial Regulatory
Flexibility Analysis, there is no information available on the
actual number of Class A and Class B licensed dog dealers who use
tethering as a means of primary enclosure.
Neither do we have any data on the frequency of injuries due to
tethers. However, our inspectors report that permanently tethering a
dog as a means of primary enclosure is rare among licensed dealers.
Kennels and cages are currently the preferred means of primary
enclosure, with tethering sometimes used as a temporary restraint.
In addition, permanent tethering is no longer a generally accepted
practice within the dog dealer industry, and some industry groups
prohibit their members from using tethering as a means of permanent
restraint. It is also the experience of APHIS inspectors that, when
used as a means of primary enclosure, permanent tethering is not a
humane practice that is in the animal's best interests. A dog
permanently attached to a tether is significantly restricted in its
movement. A tether can also become tangled around or hooked on the
dog's shelter structure or other objects, further restricting the
dog's movement and potentially causing injury. It is possible that
most injuries from tethers are, in part, due to a dog being
unsupervised for long periods of time while on the tether.
Prohibiting the use of a permanent tether as a means of primary
enclosure for dogs will minimize the likelihood that a dog would be
left unsupervised for extended periods of time while on a tether,
thus reducing the likelihood of injury. One comment that we have
already addressed in the ``Background'' section of this final rule
suggests an alternative to the proposal, and we have considered this
suggestion. The suggested alternative was to allow tethering as
primary enclosure if the tether is equipped with a swivel. We do not
believe that a tether with a swivel on the end, a flexible tether,
or other such devices would significantly improve the safety of a
permanent tether. Such devices may improve the mobility of the dog,
but the possibility would still remain for the tether to become
tangled around objects within the dog's range, especially over
extended periods of time. This rule will primarily affect Class A
and Class B licensed dog dealers. As stated previously in this
analysis, there is no information available on the actual number of
Class A and Class B licensed dog dealers who use permanent tethering
as a means of primary enclosure. Over 95 percent of Class A and
Class B licensed dog dealers are considered small businesses. We do
not expect the elimination of permanent tethering as a means of
primary enclosure to have a significant impact on dog dealers, large
or small, because permanent tethering as a means of primary
enclosure
is rarely, if ever, utilized by Class A and Class B licensed dog
dealers. We also do not expect the elimination of permanent
tethering as a means of primary enclosure to have a significant
impact on exhibitors, carriers, intermediate handlers, or research
facilities because permanent tethering is practically never used by
these regulated entities. This rule contains a reporting and
recordkeeping requirement. Specifically, this rule requires
licensees to obtain approval from APHIS before they may temporarily
tether a dog.
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance under No. 10.025 and is
subject to Executive Order 12372, which requires intergovernmental
consultation with State and local officials.
(See 7 CFR part 3015, subpart V.)
Executive Order 12988
This final rule has been reviewed under
Executive Order 12988, Civil Justice Reform. It is not intended to
have retroactive effect. This rule would not preempt any State or
local laws, regulations, or policies, unless they present an
irreconcilable conflict with this rule. The Act does not provide
administrative procedures which must be exhausted prior to a
judicial challenge to the provisions of this rule.
Paperwork Reduction Act
The proposed rule that preceded this final
rule contained no information collection or recordkeeping
requirements. However, this final rule contains an information
collection requirement that was not included in the proposed rule.
Specifically, this final rule requires licensees to obtain approval
from APHIS before they may temporarily tether a dog. In accordance
with section 3507(d) of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), the information collection or recordkeeping
requirements included in this final rule have been submitted for
approval to the Office of Management and Budget (OMB). When OMB
notifies us of its decision, we will publish a document in the
Federal Register providing notice of the assigned OMB control number
or, if approval is denied, providing notice of what action we plan
to take. Estimate of burden: Public reporting burden for this
collection of information is estimated to average .5 hours per
response. Respondents: 10. Estimated number of responses per
respondent: 2.0. Estimated total annual burden on respondents: 10
hours.
List of Subjects
9 CFR Part 1
Animal welfare, Pets, Reporting and
recordkeeping requirements, Research.
9 CFR Part 3
Animal welfare, Marine mammals, Pets,
Reporting and recordkeeping
requirements, Research, Transportation.
Accordingly, 9 CFR parts 1 and 3 are amended
as follows:
[[Page 43275]]
PART 1--DEFINITION OF TERMS
1. The authority citation for part 1
continues to read as follows:
Authority: 7 U.S.C. 2131-2159; 7 CFR 222,
2.80, and 371.2(g).
2. In Sec. 1.1, the definition for primary
enclosure is revised to read
as follows:
Sec. 1.1 Definitions.
* * * * *
Primary enclosure means any structure or device used to restrict an
animal or animals to a limited amount of space, such as a room, pen,
run, cage, compartment, pool, or hutch.
* * * * *
PART 3--STANDARDS
3. The authority citation for part 3 is
revised to read as follows:
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22,
2.80, and 371.2(d).
4. Section 3.6 is amended by removing
paragraph (c)(2), by redesignating paragraphs (c)(3) and (c)(4) as
paragraphs (c)(2) and (c)(3), respectively, and by adding a new
paragraph (c)(4) to read as follows:
Sec. 3.6 Primary enclosures.
* * * * *
(c) * * *
(4) Prohibited means of primary enclosure. Permanent tethering of
dogs is prohibited for use as primary enclosure. Temporary tethering
of dogs is prohibited for use as primary enclosure unless approval
is obtained from
APHIS.
* * * * *
Done in Washington, DC, this 7th day of August 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-21370 Filed 8-12-97; 8:45 am]
BILLING CODE 3410-34-P
END FINAL RULE
Go to USDA Final Tethering Rule (Part
1)
Go to USDA Final Tethering Rule (Part 3-Clarification) |
