At the federal level, the Animal Welfare Act (AWA) is the only law that protects the welfare of zoo animals. According to the AWA, animals that meet the legal definition and are in the care of a dealer or exhibitor are protected by law. However, the definition of an animal significantly limits the scope of the law. All cold-blooded animals, which make up a large proportion of animals housed in zoos, are excluded from protection. Dealers and exhibitors must be licensed and participate in registration and labelling requirements. There are additional safeguards that govern their maintenance, handling and transportation. The Act gives the U.S. Secretary of Agriculture and Department of Agriculture, whose authority remains delegated to the Animal Plant and Health Inspection Service (APHIS), the authority to administer and enforce the requirements of the Act. APHIS enforces the law by conducting inspections and introducing rules and regulations for facilities. APHIS is required to conduct an annual inspection and inspect facilities when a complaint is filed; However, there are only 104 inspectors and over 2,000 facilities that need to be inspected. APHIS`s resources and enforcement of the Animal Welfare Act have proven to be insufficient. In addition, the standards are very broad and set only basic minimum requirements for food, water, housing and sanitation.
With the exception of primates, the mental health of animals is not protected or even taken into account. The question arises: is the law sufficient to ensure the welfare of animals? Another problem with the ETA is that there is no citizen prosecution provision that would allow an affected citizen to sue on behalf of the welfare of a zoo animal. It is only in very limited circumstances that people are allowed to sue on behalf of a zoo animal. (i) the minimum horizontal size (BBD) required for a reservoir for Group I cetaceans shall be 7.32 m (24.0 ft.) or twice the average adult length of the longest species of Group I cetaceans housed in the tank (measured in a parallel or horizontal line, from the tip of the upper jaw or the foremost part of the head in the case of headed animals). onion). at the notch of the Fluke tail 8), whichever is higher; however, this MHD measurement may be reduced by up to 20% from the highest number if the amount of reduction is added to the MHD at a 90-degree angle and if the minimum volume and area requirements are met on the basis of an MHD of 7.32 metres (24.0 feet) or twice the average adult length of the longest Group I whale species in the MHD. hosted, whichever is higher. Most zoo animals are regulated under 9 CFR §3, Subpart F, which lists specifications for the humane handling, care, treatment and transport of warm-blooded animals, with the exception of dogs, cats, rabbits, hamsters, guinea pigs, non-human primates and marine mammals. [14] Primates are regulated under §3 subsection D and marine mammals under §3 subsection E.
These sections set minimum basic requirements for food, water, housing and sanitation, and have little to do with the quality of life of wildlife in captivity. [15] One of the strictest regulations to protect the welfare of zoo animals is 9 CFR §2.131, which deals with the handling of animals. This article defines the care that any person handling animals must exercise within the limits of the LDA. It restricts the use of deprivation and drug training techniques and requires that animals be exposed for a reasonable period of time in appropriate areas and climates. [16] It also includes standards for the care of juveniles and performing animals and ensures the safety of the public and animals when they interact with each other [17]. Some specific mandates are given in this section; However, many of the standards are vague and do not provide meaningful guidance. The directive reads: `The animal may only be exposed in accordance with its welfare`, but who determines what constitutes `welfare`? This is a very subjective measure that could easily be influenced by the biases of zoo veterinarians. Given the few inspections carried out by the Animal and Phytosanitary Inspection Service (APHIS), the authority empowered to enforce the law, it is doubtful whether animal welfare is guaranteed.
Regardless, this section proved to be extremely relevant in ensuring that the welfare of the zoo`s animals is monitored during the exhibition. These incidents are not limited to North America, as this black market in the illegal trade in alien species is internationally oriented.