START CLARIFICATION

[Federal Register: September 25, 1997 (Volume 62, Number 186)]
[Rules and Regulations] [Page 50244-50245]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se97-7]

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 1 and 3

[Docket No. 95-078-4]
RIN 0579-AA74

Humane Treatment of Dogs; Tethering; Clarification

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; clarification.

-----------------------------------------------------------------------

SUMMARY: On August 13, 1997, we published in the Federal Register (62 FR
43272-43275, Docket No. 95-078-2) a final rule that removed the option for
facilities regulated under the Animal Welfare Act to use tethering as a
means of primary enclosure. We also added a provision to the regulations to
permit regulated facilities to temporarily tether a dog if they obtain
approval from the Animal and Plant Health Inspection Service. The purpose
of this notice is to clarify what kinds of facilities are regulated under
the Animal Welfare Act and, subsequently, what kinds of facilities must
comply with the final rule on tethering.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Smith, Staff Animal Health
Technician, Animal Care, APHIS, suite 6D02, 4700 River Road Unit 84,
Riverdale, MD 20737-1234, (301) 734-4972, or e-mail:
snsmith@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

On August 13, 1997, we published in the Federal Register (62 FR
43272-43275, Docket No. 95-078-2) a final rule that amended the regulations
by removing the option for facilities regulated under the Animal Welfare
Act to use tethering as a means of primary enclosure. We also added a
provision to the regulations to state that regulated facilities may
temporarily tether a dog if they obtain approval from the Animal and Plant
Health Inspection Service (APHIS).
This rulemaking was based on our experience in enforcing the Animal
Welfare Act, which has shown that tethering can be an inhumane practice
when used as a means of primary enclosure in facilities regulated under the
Animal Welfare Act. Typically, this inappropriate use of tethering involves
dogs that are permanently tethered without opportunity for regular
exercise. This was the basis for our position that tethering is inhumane.
However, we recognize that under other circumstances (intermittent use,
dogs are vigorously exercised, pets are on running tethers, dogs have close
oversight, etc.) the use of tethering may be entirely appropriate and
humane. We did not intend to imply that tethering of dogs under all
circumstances is inhumane, nor that tethering under any circumstances must
be prohibited.

Since publication of the final rule, we have been made aware that
some members of the public are confused as to who must comply with this
final rule. We have received numerous inquiries from various kinds of
dog owners who tether their dogs. These dog owners are concerned that,
pursuant to the final rule, they will no longer be able to tether their
dogs. We are publishing this notice in order to make it clear who must
comply with the final rule, and

[[Page 50245]]

who is not subject to the provisions of the final rule.

The final rule regarding tethering of dogs was issued under the
authority of the Animal Welfare Act. The Animal Welfare Act authorizes
APHIS to license, register, and regulate animal dealers, animal
transporters, animal exhibitors, and research facilities that sell,
transport, exhibit, or use certain kinds of animals, including dogs.
Regulations established under the Act are contained in 9 CFR parts 1,
2, and 3. Subpart A of 9 CFR part 3 contains requirements concerning
dogs and cats.
With regard to dogs sold, transported, exhibited, or used in
research by persons subject to the Animal Welfare Act, APHIS'
regulations are intended to ensure that the dogs are given proper and
humane care. Persons subject to the Animal Welfare Act include persons
who sell dogs wholesale or breed dogs to sell wholesale, sell dogs to
laboratories for research purposes or breed dogs for sale to
laboratories for research purposes, broker dogs, operate an auction at
which dogs are sold, or give dogs as prizes as part of a promotion.
Transporters of dogs, such as airlines, railroads, motor carriers, and
handlers contracted to transport dogs, are also subject to the Animal
Welfare Act. Additionally, persons who exhibit dogs (such as circuses
or carnivals) and laboratories that use dogs for research are subject
to the Animal Welfare Act. These are the groups that must comply with
the final rule prohibiting permanent tethering of dogs as a means of
primary enclosure. However, any person required to comply with the
final rule may request approval from APHIS to temporarily tether a dog.
Any person who is not subject to the Animal Welfare Act does not
have to comply with the final rule on tethering, and may continue to
tether their dogs. Persons who own dogs as pets are not subject to the
Animal Welfare Act. Persons who breed dogs as a hobby, and do not sell
them wholesale, are not subject to the Animal Welfare Act. Dog mushers
and owners of guard dogs or hunting dogs are not subject to the Animal
Welfare Act. Therefore, these entities are not subject to and do not
have to comply with APHIS' final rule regarding tethering of dogs.
APHIS has no authority under the Animal Welfare Act to prohibit
tethering of dogs by persons who are not subject to the Act.

Individuals most likely to be affected by the final rule on
tethering are those licensed by APHIS as Class A and Class B dealers of
dogs. This includes persons who sell dogs wholesale, breed dogs to sell
wholesale, sell dogs to laboratories for research purposes, or breed
dogs for sale to laboratories for research purposes. Most dog breeder
and wholesale industry organizations agree that tethering is not a
humane means of primary enclosure for dogs when used under the
circumstances typical to breeding and wholesale facilities. Many of
these organizations already prohibit member facilities from using
tethering as a means of primary enclosure. For this reason, using
tethering as a means of primary enclosure is rare among licensed Class
A and Class B dog dealers. We recognize that many persons not subject
to the Animal Welfare Act do tether their dogs. Persons not regulated
under the Animal Welfare Act who tether their dogs are likely to be
using this means of restraint under circumstances different than those
typical to breeding and wholesale facilities. In these cases, tethering
may be a humane method of restraint. Regardless, APHIS does not have
the authority to regulate the activities of dog owners who are not
subject to the Animal Welfare Act.

Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g).

Done in Washington, DC, this 22nd day of September 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-25482 Filed 9-24-97; 8:45 am]
BILLING CODE 3410-34-P

END CLARIFICATON

END NOTE

Back to Mush with PRIDE Main Page

Back to USDA Final Tethering Rule (Part 1)

Back to USDA Final Tethering Rule (Part 2)