What is a sanctuary?
According to U.S. law, a sanctuary:
• Must be a non-profit entity that is tax exempt under section 501(a) of the Internal Revenue Code
• Cannot engage in commercial trade in big cat species, including their offspring, parts, and products made from them
• Cannot breed big cats
• Cannot allow direct contact between big cats and the public at their facilities
• Must keep records of transactions involving covered cats
• Must allow the Service to inspect their facilities, records, and animals at reasonable hours
Resources will help you develop a greater understanding of the captive wildlife crisis:
Accredited Sanctuary and Zoos
The American Sanctuary Association (ASA) and Global Federation of Animal Sanctuaries (GFAS) set guidelines for sanctuaries that they must follow in order to be considered accredited by either of these two organizations. These associations help separate organizations that are working towards improving the welfare of the animals in their care from organizations that use the animals for their own personal and financial gain. Accreditation is also awarded to zoos and sanctuaries (related facilities) under the American Zoo and Aquarium Association (AZA).
Captive Wildlife Safety Act
This Congressionally approved amendment to the Lacey Act restricts interstate transport of six species of large wild cat (tiger, lion, leopard, jaguar, cheetah and cougar) to exempted entities only.
The Captive Wildlife Safety Act prohibits existing large cat owners who are not exempted from moving to another state with their cats.
Both commercial (cats being sold) and non-commercial (cats being donated) interstate transport of these cats is restricted by this amendment.
Exempted entities are universities, research facilities, USDA licensed facilities, persons transporting the animals for an exempted entity, and certain 501 c 3 facilities that conform to standards to be written by the US Fish and Wildlife Service. These standards include no breeding, buying, selling, public display or public touching of felines.
Persons who have state licenses to possess any of these six feline species, but are not one of the exempted entities listed in this CWSA will not be allowed to receive, or donate, or buy, or sell, or transport these listed felines across state lines.
The Captive Wildlife Safety Act does not prevent the purchase or receiving by donation any of these listed feline species from intrastate locations where the transport does not cross state lines.
The Lacey Act
The Lacey Act provides that it is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law whether in interstate or foreign commerce. Violation of this federal act can result in civil penalties up to $10,000 per each violation or maximum criminal sanctions of $20,000 in fines and/or up to five years imprisonment. All plants or animals taken in violation of the Act are subject to forfeiture as well as all vessels, vehicles, aircraft, and other equipment used to aid in the importing, exporting, transporting, selling, receiving, acquiring, or purchasing of fish or wildlife or plants in a criminal violation of this chapter for which a felony conviction is obtained where the owner should have known of the illegal transgression.
The Animal Welfare Act (AWA)
The United States Department of Agriculture (USDA) has a branch called the Animal and Plant Health Inspection Service (APHIS) that has been granted the authority of enforcing the Animal Welfare Act and inspecting institutions that are covered under the Animal Welfare Act. On the APHIS website, they have tabs down the left side of their page that takes you to different branches of the organization. Most information you want to know concerning possession and exhibiting wild animals is listed under the tab ‘Animal Welfare’. This section will give you information about obtaining investigation/enforcement documents on specific facilities, an annual report of research facilities, inspection reports, and give in-depth factsheets on exhibitors, Animal Welfare Act Q&A’s, the complete Animal Welfare Act bill, big cat information, elephant information, marine mammals, and much more animal related material.
The USDA adopted several American Veterinary Medical Association animal welfare policies in August 2006. Declawing and removing canine teeth from wild/exotic carnivores and nonhuman primates is no longer allowed for USDA license holders and registrants, except when required for medical or scientific reasons.
Details at:
http://www.aphis.usda.gov/ac/publications/declaw_tooth.pdf
http://www.aphis.usda.gov/ac/publications/policy/policy3.pdf
Here are some key facts to understand before surfing through the documents on APHIS’s website:The Animal Welfare Act was passed by Congress in 1966 to protect the welfare of animals on a national level. It sets minimum standards of care and treatment to be provided for certain animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. The regulations are MINIMUM STANDARDS as follows:
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- Provide their animals with adequate care and treatment in housing, handling, sanitation, nutrition, water, veterinary care, and protection from extreme weather and temperatures.
- Animal fighting is prohibited
- Pet protection was put in place to help prevent lost or stolen animals
- All animals covered under the law must be licensed or registered with APHIS
- Research facilities are required to provide dogs with exercise and promote psychological well-being
- APHIS ensures that all regulated commercial animal breeders, dealers, brokers, transportation companies, exhibitors, and research facilities are licensed and registered.
- They are also in charge of searching for those organizations that are NOT licensed and registered with APHIS.
- Inspection reports are posted under APHIS’s website. The reports have detailed information of each inspection issued for each site they visit. The inspection report lists the violations and any noncompliance with the regulations under the Animal Welfare Act. You can search for the businesses and people, who have possession of regulated animals, in the USDA Inspection Reportsfor:
- You will search under each category for the State then by the Name (person or business)
- Breeders: person(s) who breeds animals
- Dealers: those who receive compensation or profit, transport, buys, sells, or negotiates the purchase of animals for use as research, teaching, exhibition, or use as a pe
- Exhibitors: those who exhibit animals to the public for compensation (includes carnivals, circuses, ands zoo
- Registered Exhibitors: an exhibitor that obtained animals through donation/trapping on own premises, exhibits only native animals, animals are not transported for exhibition purposes, not disposed of into commerce, and no compensation is received from exhibition of the animal
- Intermediate Handlers: those who receive custody in connection with their transportation in commerce
- Carriers: those engaged in transporting animals for hire (airline, railroad, shipping line, motor carrier, etc)
APHIS Animal Care contact information
The Animal Care program of APHIS (Animal and Plant Health Inspection Service) is in charge of executing the enforcement and inspections that pertain to the Animal Welfare Act and the Horse Protection Act. If you have any questions or concerns regarding animals or animal regulations, direct your inquiries to the Animal Care Office in your region.
HSUS Legislation and Laws
The Humane Society of the United States (HSUS) is an animal protection organization established in 1954. They fight against cruelty, exploitation, and neglect of pets, wildlife and habitats on a national and a global scale. HSUS is a household name across the nation. Both animal lovers and their adversaries know HSUS well for their interventions on behalf of animals in cruelty cases, on small- and large-scale platforms.
This organization’s website has great resources to campaigns that pertain to the welfare of animals. They have sectioned off their sight as follows: Pets, Wildlife, Farm Animals, Animals in Research, and Horses. There is a state search for legislative efforts and elected officials with their contact information. HSUS’s site gives a rundown of their focus of legislative efforts for the current year. They also have a nifty search engine that will find bills by entering in keywords (dolphins, elephants, etc.) or bill numbers.
Animal Defenders International
Animal Defenders International (ADI) is a London-based organization that just helped passed laws in Boliviathat makes it illegal use animals in traveling circuses, including domestic animals (July 2009 News). This is the first national law, IN THE WORLD, to ban the use of both domestic and wild animals in circuses. So far, similar bans on animal use in traveling circuses (in Austria, Costa Rica, Finland, and Denmark) only prohibit the use of wild animals or certain species. ADI has devoted their time to many areas of cruelty and exploitation concerning animals: animals in entertainment, experiments, rescues, farm animals, fur, conservation, primates, and discusses research without animals. They have a media center that provides up to date news, photos, and videos from the animal world. They have resources to help you find your Members of Parliament, Members of European Parliament, and resources to help you search animal cruelty laws by state. ASPCA
The American Society for the Prevention of Cruelty to Animals(ASPCA) was founded in 1866 by Henry Bergh; “on the belief that animals are entitled to kind and respectful treatment at the hands of humans, and must be protected by the law.” The ASPCA is headquartered in New York City and is privately funded not-for-profit corporation. This organization has been granted the legal authority to investigate and make arrests for crimes against animals. They have programs for resources for pet parents, at-risk animals, and victims of animal cruelty. There is a direct link to an Advocacy Center. They also provide viewers with legislators that support their cause. They are resourceful in keeping the public updated on animal precinct issues, ways to help fight cruelty, Animal CSI, connecting with the Animal Poison Control Center, adoptable pets and adopting tips. The ASPCA website has become a community of animal lovers by providing pet photo contests, discussion boards, blogs, a ‘pressroom’, Facebook applications, and a store to buy ASPCA apparel to help support their cause.
ASPCA has an animal control database to help search for community SPCA’s, humane societies, and animal control organizations. You search by zip code to find your nearest animal control office or shelter.
Quick link to ASPCA’s shelter search: http://www.aspca.org/adoption/shelters/