Policy #8 --- Guidelines for the Confiscation and Destruction of Animals --- April 14, 1997

History: This replaces August 17, 1992, REAC Memorandum No. 990, entitled, "Guidelines for Confiscation and Destruction of Animals."

Justification: Under the Animal Welfare Act (AWA), the Animal Plant & Health Inspection Service (APHIS), Animal Care (AC) is authorized to confiscate and destroy regulated animals if they are suffering. This guideline specifies the protocol for such action.

If animals are found to be suffering and relief has not been provided by the licensee or registrant, and with all due consideration to the provisions of Section 2.38(e), Confiscation and Destruction of Animals at research facilities, this policy provides instructions to:

a. Require the licensee or registrant to provide proper care and relief as soon as possible, but not to exceed 24 hours.

b. Confiscate the animal and/or make arrangements for relief, relocation or euthanasia.

A. Recognition of suffering - Veterinary Medical Officers (VMO) and Animal Care Inspectors (ACI) are qualified to recognize a suffering animal. If the determination is made that the animal is suffering, such determination must be confirmed by an Animal Care (AC) veterinarian. If possible, suffering should be confirmed by two AC veterinarians. The determination must be documented with a complete inspection to include photographs and/or other physical evidence as may be required. A private veterinarian may also be requested to examine the animal. If it is determined that the animal is not suffering, document any noncompliant items and set a deadline for correction. In all cases, the documentation shall included the completion of the appropriate APHIS inspection forms, citing the noncompliance(s) in detail.

B. Disagreement that an animal is suffering- If the owner/manager/responsible person, hereafter referred to as "responsible person," disagrees with the written notification by the AC representative that the animal is suffering, he/she may call in a qualified veterinarian for a second opinion. This must be done as soon as possible within the maximum time frame of 24 hours, so as not to jeopardize the health and well-being of the animal. This is subject to approval by the AC representative. The second opinion will be considered ONLY if the veterinarian provides a signed written statement to the responsible person and to the AC representative indicating the following:

1. Time and place of examination
2. Number and species of animal(s) examined
3. Examination findings and tentative diagnosis
4. Recommended treatment or course of action, including euthanasia
5. Time and method of treatment or euthanasia administered or a statement that the animal(s) is healthy and sound and that veterinary care or euthanasia is not required
6. Any recommended follow-up treatment or action

If AC disagrees with the veterinarian's findings, the Animal Care Regional Director (ACRD) may obtain the assistance of a non-APHIS veterinarian experienced with the species of animal involved. The final decision in determining animal suffering shall be the decision of the ACRD based upon the findings of the AC veterinarian and/or expert involved. The ACRD shall maintain contact with the responsible person until the matter is resolved.

C. Agreement that an animal is suffering- The responsible person should immediately provide the necessary relief, veterinary care, or euthanasia, within the time frame specified which should not exceed 24 hours. If the animal is an endangered species or a marine mammal, the AC representative should also comply with the requirements of the cooperative agencies (see Section III - "Procedures for Confiscation and Destruction of Suffering Animals" of this policy). The animal may be disposed of on the licensee's premises or the registrant's facility, provided such disposal complies with all local, State and Federal laws. Follow-up is essential to verify this part has been accomplished to AC satisfaction. The ACRD shall maintain contact with the responsible person until the matter is satisfactorily resolved.

II. Notification

A. Notification of Owner - If it is determined that the animal is suffering and in need of veterinary care, the AC representative (with the approval of the ACRD) should immediately notify the responsible person, both verbally and in writing, and request correction of the problem. Copies should be forwarded immediately to the AC Regional office. This notification must include the following:

1. Number and species of animal(s) found to be suffering and individual identification number (for dogs or cats) or brief description of each animal.
2. Identification of deficiencies or areas of noncompliance causing the suffering.
3. Steps that must be taken to correct the problem and alleviate the suffering.
4. Current location of the premises or transport conveyance.
5. A statement that the animal shall not be removed from the premises or location without APHIS, AC permission.
6. The time period in which the animal is to be given relief and adequate care. This time period must be as soon as possible after determining the animal is suffering and in need of veterinary care, but no later than 24 hours.
7. The signature of the licensee accepting this notification. (If the responsible person refuses to sign, the AC representative must document the issuance of this notification by a sworn statement.)

Follow-up notification will be accomplished by the ACRD.

B. Notification of the Deputy Administrator - Notification will be forwarded through the Assistant Deputy Administrator for Animal Care (ADAAC) to the Deputy Administrator (DA), AC, as soon as possible. A copy of the notification to the owner should be faxed to AC Headquarters.

C. Notification of Investigative & Enforcement Services (IES) - Contact the IES Regional Director (IESRD) for assistance prior to the official notification of the responsible person, if possible. The IES investigator should assist in documentation of violations and suffering during examination by AC.

III. Procedures for Confiscation and Destruction of Suffering Animals

A. Responsible person

a) Failure to act by the responsible person - The responsible person is required to give relief to the animal or provide euthanasia as soon as possible, but no later than 24 hours after formal notification. If the person fails to do so, APHIS should begin confiscation procedures as specified below.

b) Responsible person is unavailable - When the AC and IES representatives have reason to believe that the animal is suffering and the responsible person for the animal cannot be found after a reasonable time (24 hours), except in extreme cases, the IES investigator shall contact local law enforcement for assistance, and the AC veterinarian shall contact a qualified veterinarian to accompany them to the premises. The veterinarian and the AC representative shall determine whether or not the animal is suffering, diagnose the problem and probable cause, and document the findings and recommendations in writing. The AC representative shall ensure that adequate care is provided to the animal. If the condition of the animal cannot be corrected by this temporary care, the AC representative shall confiscate the animal in accordance with this policy.

B. Obtain authority to confiscate - If any animal (as defined in 9 CFR, Subchapter A, Part 1, Section 1.1) is subject to confiscation or euthanasia due to suffering and lack of care, the AC representative, after informing the responsible person in writing, shall immediately inform the ACRD.

The ACRD shall take the following actions:

1. Notify the DA, AC, through the ADAAC, that confiscation may be in order.
2. If it is deemed necessary, obtain the opinion of a second AC VMO.
3. If necessary, obtain an opinion of a non-APHIS veterinarian experienced with the species of animal involved.
4. Coordinate all proposed legal actions (subpoenas, etc.) with the IES staff.
5. Request assistance with procedures for confiscation from the IESRD.
6. When a decision is made that confiscation is in order, notify the Deputy Administrator, AC, through the ADAAC.

The ADAAC shall, through the DA, AC, seek approval from the APHIS Administrator concerning confiscation of the animal(s) under the authority of Section 16(a) of the Act, and as provided in Sections 2.129 and/or 2.38 of the regulations.

C. Endangered species or marine mammals - If the suffering animal subject to confiscation is an endangered species or a marine mammal, the AC representative will advise the ACRD. The ACRD will notify the ADAAC. The ADAAC shall inform the DA, AC, who will inform the Department of the Interior, the Department of Commerce, and/or other appropriate cooperating services as required in Sections 2.38 and 2.129(c), and by any functioning Interagency Agreement.

D. Arranging for facility to hold confiscated animal - The confiscated animal may be held by AC on the premises, provided that the premises comply with AWA standards and regulations. AC shall maintain constant supervision of the confiscated animal on the premises. If the confiscated animal cannot be held on the premises, the ACRD should arrange for transportation and transfer of the animal to licensees or registrants who are in compliance with the AWA regulations and standards, or humane agencies, animal shelters, or pounds. The ACRD should ensure proper care, holding, treatment or euthanasia of the animal at the facility receiving the confiscated animal.

E. Seizure of animal

a) With approval of responsible person - If it is deemed necessary, the IES investigator may request the local police, sheriff, or U.S. Marshal to accompany him/her and the AC representative to the premises (as provided in Sections 2.38 and 2.129) for the purpose of confiscation. The IES representative shall serve oral and written notice to the responsible person for the suffering animal that AC is seizing the animal under the provisions of the AWA, Section 16(a), and the regulations and standards, Sections 2.38 and 2.129. The IES representative shall read these sections and serve a copy to the responsible person. The responsible person (if agreeable) shall sign a statement surrendering the custody and rights of the animal to APHIS for disposition (this is not a requirement.).

b) Without approval of the responsible person - If the responsible person will not sign a statement surrendering the animal, the IES investigator may, if it is deemed necessary, contact local law enforcement officials or the U.S. Marshal to effect the seizure of the animal without the responsible person's signature of approval and arrange for facilities to hold the confiscated animal, as stated previously in this policy.

IV. Disposition of Confiscated Animal

The ACRD shall arrange, at APHIS' expense, subject to recovery from the responsible person, the following provisions:

1. Transportation of the confiscated animal, which meets all standards as required for that species of animal, including trained animal handlers and tranquilization or sedation if required
2. A premises, kennel, or other facility which meets the standards, and which may house or contain the confiscated animal until it is disposed of or destroyed
3. The services of veterinarians knowledgeable in the species involved, caretakers, handlers or truck drivers as required
4. Feeding, care, veterinary treatment or euthanasia

The ACRD may seek the cooperation of local humane organizations, zoos, and shelters for the use of their transportation, personnel, and other facilities at no expense to the public or to APHIS when possible. all liabilities. If for any reason, the confiscated animal cannot be moved to other premises, it should be provided the care required to ensure relief and treatment, or euthanized and disposed of, as necessary. All local, State and Federal regulations, including environmental protection regulations, should be followed when disposing of a confiscated animal.

An animal that is not to be returned to the owner, and that does not require euthanasia, will be placed in another facility at no cost to APHIS whenever possible. If it cannot be placed after a reasonable time, it will be euthanized.

V. Guidelines for Billing and Reimbursement for Confiscation of Animal

The following procedure is to be used to collect from the responsible person(s) and make reimbursement for the confiscation of animals (veterinary care, transportation, housing, feeding, handlers and other related expenses). This should not include staff hours, travel, etc., by USDA personnel.

1. Regional offices will prepare a memo to the APHIS Field Service Office (FSO), Accounting Section, requesting that payment be made for expenses incurred for confiscation of animals and also reimbursement of costs from responsible persons. Refer to the attached memo, "Billing and Collection for Confiscated Animals."

2. FSO will have the responsibility of billing and collecting from responsible persons and for making payment to veterinarians, transporters, handlers, etc., for care of the animal.

VI. Documenting an Alleged Violation

After relief to the suffering animal has been provided by the facility or through confiscation, IES will document all apparent violations of the AWA which led to the suffering of the animal. This report shall be submitted by the ACRD as an alleged violation to the IES staff within 15 calendar days after the completion of the confiscation procedures.

VII. Summary suspension of license and injunctive relief

An immediate summary suspension of the license, as provided in the AWA, Section 19, may be recommended by the ACRD at this time.

The request should be made immediately by the ACRD by telephone to the IES Staff Director and supported by a preliminary report prepared by IES, documenting evidence that the Act, regulations, and/or standards have been violated. The evidence shall be submitted by the ACRD as an alleged violation to the IES staff.

TO:______________________________________________________________

Notice is hereby given that the following animals (list attached) are hereby confiscated by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, pursuant to the authority of Section 16 of the Animal Welfare Act (7 U.S.C. 2146) and Title 9, Code of Federal Regulations, Section 2.129 (9 C.F.R. 2.129), for failure to provide necessary care for the animals.
Animal Care

Animal and Plant Health Inspection Service
U.S. Department of Agriculture
By:_____________________________________

TO: __________________________________________________________

Notice is hereby given that the animals identified on the attached inspection report dated_______________________________, are subject to confiscation by the

U.S. Department of Agriculture, Animal and Plant Health Inspection Service, and may be confiscated unless the instructions given in the report are followed.

Such action is authorized by Section 16 of the Animal Welfare Act (7 U.S.C. 2146) and Title 9, Code of Federal Regulations, Section 2.129 (9 C.F.R. 2.129).

Should you need further information, you may contact_______________________________ at__________________________________(phone number).

Animal Care
Animal and Plant Health Inspection Service
U.S. Department of Agriculture
By:_________________________________

Date:

Subject: Billing and Collection for Confiscated Animals
To : Accounting Section
Field Servicing Office
Minneapolis, MN

Please make payment to John Doe, File No. 12345, City, State, in the amount of $999.99 (bill enclosed), and charge accounting code 12345-67890.

John Doe provided examination, evaluation, euthanasia, and necropsy services on June 1, 2, 3, and 4, 1992, for the animal(s) confiscated from Jack Smith, 1234 Main Street, City, State. Refer to 9 CFR, Animal Welfare, Section 2.129 (a), (b), and (c).

Also, please bill for collection Jack Smith at the above address using the following statement of charges:

All costs for providing care, treatment, euthanasia, or disposition of confiscated animals (as provided in Section 2.129 (a), (b), and (c) of the 9 CFR) shall be reimbursed by the person responsible for the animal(s).

Enclosed is a bill for professional services provided by John Doe on June 1, 2, 3, and 4, 1992, in the amount of $999.99.

When funds are received, please deposit them back to Accounting Code 12345-67890.

Name
Regional Director
Regional Office, Animal Care

Enclosure
cc: Resource Management Support, IES, and AC, Riverdale, MD
Claims and Payments, FSO, Minneapolis, MN