Advocacy Update
Vol. 6, #1
Fall 2006
A Member Service of the California Biomedical Research Association
National
Animal Enterprise Terrorism Act
3880, the Animal Enterprise Terrorism Act passed in the Senate with no objections by
any Senator. This legislation will amend the Animal Enterprise Protection Act (Title 18,
Sec. 43 of the US Criminal Code) and will provide greater protections against
intimidation and harassment of researchers and their families and will for the first time
address campaigns of secondary and tertiary targeting that cause economic damage to
research enterprises.
S. 3880 will now be addressed in the House of Representatives during the lame duck
session of Congress that will return to work on November 13th after the November
elections. Animal rights organizations across the nation are opposing the AETA and
urging their grass roots networks to lobby Congress to oppose the bill. Their tactics so far
have been to portray the AETA as overly broad and vague, and call it an erosion of free
speech rights. They do not mention that this legislation has been modified to
accommodate the concerns of the American Civil Liberties Union (ACLU) and has
bicameral, bi-partisan support.
Annual Report Signatures No Longer Posted by USDA
The USDA is no longer posting names and signatures of the Institutional Officers in the
AWA annual reports on the APHIS website.
H.R. 5229 - Pet Safety and Protection Act
In April Representatives Phil English (R-PA) and Mike Doyle (D-PA) introduced the Pet
Safety and Protection Act, a bill that would make it difficult to obtain random source
dogs and cats for medical research. H.R. 5229 is similar to S. 451 a bill introduced in the
Senate by Sen. Daniel Akaka (D-HI) in February. This is very similar also to the
amendment to Akaka's Class B dealer amendment (SA 1729) that was voted down and
removed from the Agriculture Appropriations bill in conference October of 2005.
This bill and the one in the Senate (and the one Akaka introduces every year) are based
on the myth that pets are stolen and sold to research. By making it illegal to obtain the
animals from any source but a registered dealer, would virtually bar Class B dealers from
supplying random source dogs and cats for medical research. They would also make it
more difficult for pounds to provide animals for research by requiring them to register
with the USDA and to meet certain AWA standards that do not apply to pounds that
simply euthanize animals.
OLAW Posts New FAQ Section and Announces New Brochure
A series of Frequently Asked Questions (FAQs) that supersedes guidance previously
published is now posted on the Office of Laboratory Animal Welfare Web site at
http://grants.nih.gov/grants/olaw/faqs.htm. The FAQs provide guidance on topics not
previously addressed by OLAW, including the Freedom of Information Act, post
approval monitoring, HVAC malfunctions and failures, and rodent cage density. OLAW
has also made available a new brochure titled "What Investigators Need to Know About
the Use of Animals". The brochure provides a succinct resource for investigators to
quickly grasp the expectations and requirements when using animals in research
supported by the PHS. Copies can be obtained by contacting OLAW at
[email protected].
New Congressional Research Service Report on the Animal Welfare Act
The Library of Congress’ Congressional Research Service (CRS) has issued an updated
report synopsizing the Animal Welfare Act (AWA). In addition to being a good summary
of the Act’s key provisions and legislative history, the report provides background on
pieces of legislation that have sought to amend the AWA over the years, including
currently pending legislation such as the Pet Safety and Protection Act and the Pet
Animal Welfare Statute.
APHIS Animal Care Revises Two Policies on Veterinary Care and Annual Reports
Policy #3 Revision
An information sheet on “Declawing and Tooth Removal” in wild or exotic carnivores or
nonhuman primates is now available on the Animal Care publications Web site at
http://www.aphis.usda.gov/ac/publications/declaw_tooth.pdf . This notice was developed
in conjunction with revisions to Policy #3, and in accordance with the American
Veterinary Medical Association (AVMA) position statements on “Removal or Reduction
of Canine Teeth in Captive Nonhuman Primates or Exotic and Wild (Indigenous)
Carnivores” and “Declawing Captive Exotic and Wild (Indigenous) Cats.” Policy number
three has been revised to include a section stating that these procedures are not to be used
in wild or exotic carnivores or nonhuman primates for purposes other than the immediate
medical need of the animal, or under scientific research approved by an Institutional
Animal Care and Use Committee. These procedures can cause pain, discomfort or other
pathological conditions and are not considered to be appropriate methods of veterinary
care. To review the language, go to http://www.aphis.usda.gov/ac/polmanpdf.html _
Policy #17 Revision
Under the Animal Welfare Act, research facilities are required to submit an annual report
on animals used for research, experiments, tests, or teaching purposes. APHIS Animal
Care has revised Policy #17 “Annual Report for Research Facilities” to emphasize the
need to provide data that is true, correct, and complete. Animal Care has also updated
information on the process used to distribute the annual report form packages, provided
additional clarification to instructions for completing the APHIS forms, and outlined the
optional procedure for submitting the report electronically.
Texas Judge Rules No Standing to Sue for Chimps and Monkeys
According to United Press International, Texas Judge Andrew Mireles ruled on
September 9, 2006, that seven chimpanzees and two capuchin monkeys lack the standing
to object to their new home in a primate refuge near San Antonio. When Ohio State
University shut down a research program, the animals were transferred to Primarily
Primates. PETA funded the case on behalf of the animals as well as the named plaintiffs,
two former Ohio State employees and a California vet, who Judge Mireles found also
lacked standing. Prior to this decision, a special master agreed with PETA that the
animals should be transferred to a different refuge. PETA plans to appeal this decision.
California
Governor acts on more than 1,000 bills
Gov. Arnold Schwarzenegger has completed action on 1,172 bills sent to him by the
Legislature this year. He signed 910 measures into law and vetoed 262. The governor
approved laws that have the potential to affect every nonprofit in the state, including
measures to legalize charitable casino night fundraisers (AB 839), permit donations of
electrical power (SB 423), and extend the legal limit for terms of nonprofit board
members from three to four years (AB 2303).
“Neighborhood Watch” Proposal in San Francisco
IDA/SHAC attorney Christine L. Garcia, also a Commissioner with the San Francisco
Commission of Animal Control and Welfare, has introduced a resolution where the
County of San Francisco would confer a private right of action for private citizens to
prosecute cases for animal welfare misconduct which occurs in the County of San
Francisco. Thus, private attorneys would be authorized to enforce animal welfare
misconduct statutes through the liaison of the San Francisco Animal Care and Control
Department (“ACC”). While this is called a "Neighborhood Watch" program and the
cover is attempting to lift the burden of government in prosecuting dog-fighting cases, the
targets could be deeper. IDA is a leading group in promoting the concept of
"guardianship" It was recommended that this item be put on the agenda for October and
that the Commission as someone from the City Attorney and/or DA’s office attend.
Sacramento County Stops Releasing Shelter Animals
Animals at Sacramento County-run shelters will no longer be released to research
facilities because of a measure pushed by animal rights activists and approved by the
Sacramento County Board of Supervisors in August. This ends MOUs between the
country and the University of California, Davis (UC Davis) and Sutter Hospital Medical
Research Foundation to sell the institutions animals from the shelters for research.
Sacramento County was the only county in the state that allowed the practice. More than
1100 animals have been sold for research since 1999. However, that number has steadily
declined in recent years. The Sacramento Board of Supervisors plans to consider other
measures later this month that are designed to reduce the number of pets euthanized,
create a $500 fine for breeding an unlicensed pet, and increase the county registration
fees for unaltered dogs and cats.
AB 2915
AB 2915 amends the Veterinary Medicine Practice Act, which permits the licensing and
regulation of practicing veterinary medicine. Under existing law, the laws regulating
veterinary medicine are not applicable to unlicensed personnel working for the
Department of Food and Agriculture or the United States Department of Agriculture.
This bill would exempt veterinarians employed by a city or county conducting research
related to pathology and epidemiology on dead animals as part of government programs
from laws regulating the practice of veterinary medicine until January 1, 2011. The
Governor signed the bill on Sept. 30.
International
UK Lab Staff Names Leaked on Internet
According to the Glasgow Sunday Mail (UK), the names of more than 100 researchers
involved in animal testing were published on the internet, launching a chilling terror
campaign and sparking safety concerns. A splinter group linked with the Animal
Liberation Front (ALF) got the names of lab workers at Edinburgh University from a
company which delivers rodents for research. This incident has occurred only weeks after
Edinburgh announced plans for a new £47 million animal health research center. After a
University investigation, the Web site was promptly closed down by the service provider.
PM Blair Praises UK “Pro-Test” Group
Laurie Pycroft has received praise from Tony Blair for his group's fight against animal
rights extremists. In a Government statement about medical research, the Prime Minister
offered Government support for police crackdowns on animal rights protesters who use
violence, and praised grassroots movements like Pro-Test. The sixteen-year-old
organized Pro-Test in January 2006 as a volunteer group to raise awareness of the
benefits of medical testing and to support the construction of a new animal research
facility at Oxford University, which has been delayed after animal rights extremists
threatened violence against the contractors and other companies involved in its
construction. Pycroft told the Swindon Advertiser, "It also shows there is no longer a
climate of fear over speaking out in support of such issues and the fact that he mentioned
Pro-Test by name will hopefully mean more support for our campaign." For more
information visit www.pro-test.org.uk. In related news, the Times (London) reports that
15 animal rights activists were charged on August 16, after staging a sit-down protest at
Oxford University. They held the demonstration during the university's Encaenia
ceremony in June, during which honorary degrees were awarded.
British Researchers Winning the War Against Animal Extremists
According to the Research Defense Society (RDS), the scientific community has been
out-battling the animal extremists. August 23rd marked the one year anniversary of
activist forced closing of Darley Oaks guinea pig farm in Staffordshire, UK; a case that
received national attention when the body of a family relative had been stolen from the
grave. During the past 12 months, there has been significant progress in holding
extremists accountable for their actions. In May, four animal activists were jailed for
removing the corpse. Other extremists are also under arrest and currently facing
prosecution, and attacks on people’s private homes have been cut in half since the same
time period last year, according to the Association for the British Pharmaceutical
Industry. RDS speculates that the Serious Organised Crime and Police Act, which
became a law in 2005, may be a contributing factor in the researchers’ success.
Trial for Oxford Lab Protestors
On August 28, thirteen members of the campaign group Speak appeared before Oxford
magistrates and pled not guilty to 54 public order-related offenses. A group of 30 plus
animal activist protestors disrupted an Oxford degree ceremony parade in June. The
protest was organized by Speak because of the University’s plans to develop a new
animal testing lab in the city. The group was charged with failing to obey police advice.
Their trial is set for January 29, 2007.
Animal Extremists in UK Jailed for Attack on Family
The three animal extremists who attacked a 75 year old grandmother, her daughter and
grandson last year in the UK for displaying a pro-hunting sticker on their car were given
prison sentences. Heather Nicholson, Natasha Avery, and Daniel Wadham – all
associated with Stop Huntington Animal Cruelty (SHAC) admitted to their violent
disorderly conduct. Both Nicholson and Avery received a 16 month jail sentence.
Wadham, only 19, was sentenced to 12 months in a young offenders’ institute.
New Zealand Sees Increase in Number of Animals Used in Research
According to the New Zealand Herald, New Zealand’s National Animal Ethics Advisory
Committee (NAEAC) has reported that 263,214 animals were used for research, testing
or teaching in the U.S. in 2005. This figure is up by nearly 20,000 more than the previous
year. Sheep, mice, cattle, and birds were among the most commonly used animal.
NAEAC, the country’s animal welfare policy body, reported that eighty-two percent of
these animals experience little to no suffering and most were used in testing of animal
vaccines or for public health testing. The NAEAC was established in 1983 through an
amendment to New Zealand’s Animals Protection Act 1960 and later re-established
under their Animal Welfare Act in 1999
UK Counter-Extremist Group Cracks Down on Illegal Activities
Superintendent Steve Pearl who heads the UK’s National Tactical Coordination Unit
(NECTU), a counter-extremist organization created to prevent illegal activities of animal
rights activists, claims to have put half of the most persistent extremists out of
commission. According to The Cambridge Evening News (UK), this includes the jailing
of Joseph Harris, a cancer research scientist who was sentenced to three years for
interfering with firms linked to HLS; John Smith, who was jailed for 12 years for
conspiring to blackmail a family involved in a guinea pig farm; his girlfriend Madeline
Buckler, who was sent to prison for sending hate mail, and the arrest of Donald Currie
who is awaiting sentence for arson and possessing explosives. Pearl drew a distinction
between lawful protests and the illegal activities of extremists. He said, “…there are
those I would describe as extremists, as they are prepared to commit criminal acts against
perfectly ordinary men and women who are going about their lawful business… and I
have to say it is perhaps surprising that no-one has been hurt or killed." He believes that
the arrests of leading activists has led to a reduction in the number of home visits by
protesters. On July 1, 2005, the UK enacted the Serious Organized Crime and Police Act
(SOCA), which has enabled the country to effectively deal with extremists who threaten
and commit acts of violence in the name of animal right.