The document is a draft document setting out the agency understanding as to what is necessary to promote the psychological well-being of non-human primates. Good summary of issues. No final action has been taken so it remains a draft policy. This issue is touched upon in Discussion of AWA.

The document is a draft document setting out the agency understanding as to what is necessary to promote the psychological well-being of non-human primates. Good summary of issues. No final action has been taken so it remains a draft policy. This issue is touched upon in Discussion of AWA.

[Federal Register: July 15, 1999 (Volume 64, Number 135)]
[Proposed Rules]              
[Page 38145-38150]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy99-11]                        

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 3

[Docket No. 98-121-1]

 
Animal Welfare; Draft Policy on Environment Enhancement for
Nonhuman Primates

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Draft policy statement and request for comments.

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

SUMMARY: Under the Animal Welfare Act, our regulations require that
dealers, exhibitors, and research facilities that maintain nonhuman
primates develop and follow a plan for environment enhancement adequate
to promote the psychological well-being of the nonhuman primates. We
have developed a draft policy to clarify what we believe must be
considered and included in the plan in order for dealers, exhibitors,
and research facilities to adequately promote the psychological well-
being of nonhuman primates. We are seeking public comment on the draft
policy before we implement it.

DATES: We invite you to comment. We will consider all comments that we
receive by September 13, 1999.

ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-121-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 98-121-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Natalie Roberts, Ph.D., Program
Evaluation and Monitoring, PPD, APHIS, 4700 River Road Unit 120,
Riverdale, MD 20737-1234, (301) 734-8937; or e-mail:
Natalie.A.Roberts@usda.gov.

SUPPLEMENTARY INFORMATION: The Animal Welfare Act (AWA) (7 U.S.C. 2131
et seq.) authorizes the Secretary of Agriculture to promulgate
standards and other requirements governing the humane handling,
housing, care, treatment, and transportation of certain animals by
dealers, exhibitors, and other regulated entities. The Secretary of
Agriculture has delegated the responsibility for enforcing the AWA to
the Administrator of the Animal and Plant Health Inspection Service
(APHIS). Regulations established under the AWA are contained in 9 CFR
parts 1, 2, and 3. The APHIS Animal Care program ensures compliance
with the AWA regulations by conducting inspections of premises with
regulated animals.
    Subpart D of 9 CFR part 3 contains requirements for the humane
handling, care, treatment, and transportation of nonhuman primates.
Under subpart D, Sec. 3.81 requires that dealers, exhibitors, and
research facilities that maintain nonhuman primates develop, document,
and follow an appropriate plan for environment enhancement adequate to
promote the psychological well-being of nonhuman primates. Section 3.81
further requires that the plan be in accordance with currently accepted
professional standards, as cited in appropriate professional journals
or reference guides, and as directed by the attending veterinarian. At
a minimum, Sec. 3.81 requires the plan to address:
    <bullet> The social needs of nonhuman primates known to exist in
social groups;
    <bullet> Enrichment of the physical environment of the nonhuman
primates by providing means of expressing noninjurious species-typical
behavior;
    <bullet> Special considerations for infant and young nonhuman
primates; nonhuman primates that show signs of psychological distress,
are restricted in their activities, or are individually housed; and
great apes weighing over 110 lbs.
Further guidance and specific examples are provided in Sec. 3.81 for
determining when social grouping of nonhuman primates is inappropriate
and ways to provide environmental enrichment. In

[[Page 38146]]

addition, Sec. 3.81 places restrictions on the use of restraint devices
and prescribes when and how individual nonhuman primates may be
exempted from participation in the plan.

History of APHIS Regulations on Psychological Well-Being of
Nonhuman Primates

    The regulations in Sec. 3.81 were established as part of a final
rule published in the Federal Register on February 15, 1991 (56 FR
6426-6505, Docket No. 90-218). The final rule stipulated that plans for
promoting the psychological well-being of nonhuman primates must be
implemented by August 14, 1991. The establishment of these regulations
was in response to amendments to the Animal Welfare Act made by
Congress in 1985. Among other things, the 1985 amendments directed the
Secretary of Agriculture to promulgate new regulations for a physical
environment adequate to promote the psychological well-being of
nonhuman primates.
    Nonhuman primates include more than 240 species, ranging from the
tiny marmoset to great apes. They live in different habitats in nature,
and their nutritional, activity, social, and environmental requirements
vary. As a result, the conditions appropriate for one species do not
necessarily apply to another. In addition, the 1985 amendments to the
Animal Welfare Act, while mandating that we establish regulations for a
physical environment adequate to promote the psychological well-being
of nonhuman primates, did not give us the authority to interfere with
actual research.
    With these things in mind, we intentionally made the regulations
regarding promotion of psychological well-being flexible. The
regulations we established in Sec. 3.81 are performance standards,
meaning they state a goal that must be met (an environment adequate to
promote the psychological well-being of nonhuman primates) and provide
minimum requirements on how to meet the goal. Within the minimum
requirements, dealers, exhibitors, and research facilities have the
flexibility to develop a plan that will address the specific needs of
the nonhuman primates they maintain and, for research facilities, that
will address the scientific needs of research.
    Further, what constitutes psychological well-being in each species
and each primate does not lend itself to precise definition. After
consultation with primate experts and using the accepted professional
standards available at the time, we based the regulations on the
concept that, to promote the psychological well-being of nonhuman
primates, a balance of several factors or areas of concern must be
addressed. As noted above, this concept, as set forth in Sec. 3.81,
involves providing methods of social interaction with other nonhuman
primates or humans; providing methods to physically and mentally
stimulate the nonhuman primates and occupy some of their time; and
considering the special needs of certain nonhuman primates, such as
infants and young juveniles or great apes. Stipulating areas of concern
that must be addressed, as opposed to more rigid design standards,
allows dealers, exhibitors, and research facilities flexibility to
tailor the plan so that it is appropriate to the species or individual
being maintained.
    The performance standards in Sec. 3.81 require first and foremost
that the plan for environment enhancement be in accordance with
currently accepted professional standards, as cited in appropriate
professional journals or reference guides, and as directed by the
attending veterinarian. This allows flexibility for dealers,
exhibitors, and research facilities in developing their guides as
advances are made in the understanding of ways to assess and promote
psychological well-being in nonhuman primates.

Draft Policy on Psychological Well-Being of Nonhuman Primates

    In 1996, after 5 years of experience enforcing Sec. 3.81, we
evaluated the effectiveness of the performance standards by surveying
our inspectors about their experience in reviewing environment
enhancement plans developed under Sec. 3.81. The results of our
evaluation indicated that dealers, exhibitors, and research facilities
did not necessarily understand how to develop an environment
enhancement plan that would adequately promote the psychological well-
being of nonhuman primates. In addition, there has been considerable
disagreement in various sectors of the public over the adequacy of the
performance standards in Sec. 3.81, as well as confusion among the
regulated public concerning on what basis they will be judged by
inspectors as meeting or not meeting the requirements. Our inspectors
requested information and clarification on how to judge whether someone
was meeting the requirements in Sec. 3.81.
    While we continue to believe that the flexibility of the
performance standards in Sec. 3.81 is in the best interests of the
animals covered by the regulations, we do believe that additional
information on how to meet the standards in Sec. 3.81 is necessary. We
have, therefore, developed a draft policy on environment enhancement
for nonhuman primates. The draft policy appears at the end of this
document. We intend this policy to be used by dealers, exhibitors, and
research facilities as a basis in developing plans under Sec. 3.81 for
environment enhancement to promote the psychological well-being of
nonhuman primates.
    We based the draft policy on an extensive review of the available
primate literature, professional journals, and reference guides. We
also consulted veterinarians, primatologists, and our inspectors. The
draft policy represents what we believe are the currently accepted
professional standards for promoting the psychological well-being of
nonhuman primates through enhancement of the primates' environment. We
believe this draft policy will assist regulated entities by clarifying
what actions we consider necessary in order to comply with the
requirements of Sec. 3.81.
    We state in the draft policy that dealers, exhibitors, and research
facilities who house nonhuman primates will meet the requirements of
Sec. 3.81 if they develop and follow environment enhancement plans that
are in accordance with the draft policy. However, we recognize that
there may be other options that would also meet the requirements of
Sec. 3.81. Our adoption of this draft policy would not prevent
regulated entities from developing practices other than those in the
draft policy, as long as those practices meet the requirements of
Sec. 3.81. Likewise, our adoption of this draft policy would not
prevent regulated entities from using alternative sources or research
materials in developing their environment enhancement plans, as long as
the resulting plans meet the requirements of Sec. 3.81. If a dealer,
exhibitor, or research facility wants assurance that an alternative
plan (not in accordance with the draft policy) is in compliance with
Sec. 3.81, they may request approval of the plan in writing from the
Deputy Administrator of Animal Care.
    The draft policy identifies five general elements that we believe
are critical to environments that adequately promote the psychological
well-being of nonhuman primates: Social grouping, social needs of
infants, structure and substrate, foraging opportunities, and
manipulanda. These five elements are represented in the minimum
requirements in Sec. 3.81 concerning social grouping and environmental
enrichment. The five elements, and detailed information provided for
each, describe what we believe to be the currently accepted
professional

[[Page 38147]]

standards to meet the minimum requirements in Sec. 3.81. We also state
in the draft policy that facilities are encouraged to explore
additional elements and innovations and to exceed the requirements of
the draft policy and the regulations.
    In addition, we have prepared a report that describes the
scientific basis for the draft policy and the methods we used in
developing the draft policy, including a literature review and
discussion and a list of references. You can obtain a copy of this
report by contacting the person listed under FOR FURTHER INFORMATION
CONTACT at the beginning of this document. The report can also be
viewed at any Animal Care Regional Office and in our comment reading
room. The address for our comment reading room appears in the ADDRESSES
section at the beginning of this document. Finally, the report is
posted on the Animal Care home page at
http://www.aphis.usda.gov/ac/info.html.
    We are seeking public comment on the content of the draft policy
before we implement it. The draft policy is as follows:

Draft Policy on Environment Enhancement for the Psychological Well-
Being of Nonhuman Primates

    The regulations in 9 CFR 3.81 require that dealers, exhibitors, and
research facilities develop, document and follow an appropriate plan
for environment enhancement adequate to promote the psychological well-
being of nonhuman primates, and that the plan be in accordance with
currently accepted professional standards as cited in appropriate
professional journals or reference guides and as directed by the
attending veterinarian. We have developed this policy to clarify what
we believe must be considered and included in an environment
enhancement plan developed under Sec. 3.81 in order to meet the
requirement of adequately promoting the psychological well-being of
nonhuman primates. We have based this policy on a review of the
available primate literature, professional journals and reference
guides, and the collective experience of field inspectors,
veterinarians, and primatologists.
    Dealers, exhibitors, and research facilities who house nonhuman
primates will meet the requirements of Sec. 3.81 if they develop and
follow an environment enhancement plan (referred to below as ``plan'')
in accordance with this policy. If a plan is not developed in
accordance with this policy, the plan may or may not meet the
requirements of Sec. 3.81. If a dealer, exhibitor, or research facility
wants assurance that an alternative plan (not in accordance with this
policy) is in compliance with Sec. 3.81, they may request approval of
the plan in writing from the Deputy Administrator of Animal Care.
    Based on our research, we have identified five elements that are
critical to environments that adequately promote the psychological
well-being of nonhuman primates:
    A. Social Grouping
    B. Social Needs of Infants
    C. Structure and Substrate
    D. Foraging Opportunities
    E. Manipulanda
    The remainder of this policy contains what we believe are the
currently accepted professional standards to address these five
critical elements, based on our research and review of the available
literature, as explained above. The first two critical elements, Social
Grouping and Social Needs of Infants, are a clarification of
Sec. 3.81(a), which deals with the impact of social grouping on
psychological well-being. Structure and Substrate, Foraging
Opportunities, and Manipulanda are critical elements which clarify
Sec. 3.81(b), Environmental Enrichment.
    Facilities are encouraged to explore additional elements and
innovations and to exceed what is in this policy.

A. Social Grouping

    Section 3.81(a) requires that a plan must address the social needs
of nonhuman primates of species known to exist in social groups in
nature. According to our research, primates are clearly social beings
and social housing is the most appropriate way to promote normal social
behavior and meet social needs. In order to address the social needs of
nonhuman primates under Sec. 3.81(a), the plan must provide for each
primate of a species known to be social in nature to be housed with
other primates whenever possible. The housing options listed below are
listed in a hierarchy of preference, with group housing being the most
desirable plan. Housing should maximize opportunities for a full range
of species-appropriate contact, except that reproduction may be limited
or prevented entirely. Social housing should be designed to reduce the
risk of injury from others in the enclosure. Compatibility must be
determined as described in 9 CFR 3.81(a)(3). Housing options include:
    1. Housing in an enclosure with one or more compatible primates.
For group-living species, species-typical groupings are strongly
encouraged.
    2. Housing in an enclosure without another compatible primate, but
with the animal having the opportunity for continuous visual, auditory,
olfactory, and tactile contact with another compatible primate (such as
through adjacent wire mesh or bars). For primate species in which
grooming other primates is an important social function, sufficient
tactile contact range is particularly important.
    3. Housing without the animal having the opportunity for continuous
visual, auditory, olfactory, and tactile contact, but with such contact
on a periodic basis, through scheduled social interaction with one or
more compatible primates.
    4. Housing without the animal having the opportunity for continuous
visual, auditory, olfactory, and tactile contact with a compatible
primate, but with daily positive interaction with compatible human care
givers. The human contact should be of sufficient type and duration to
compensate for restricted social housing. We do not consider basic
routine husbandry or medical or experimental manipulation to be
sufficient human contact.
    We consider pair or group housing (Option 1) to be the most
desirable housing option and we expect this option to be used whenever
possible. We consider this particularly important for chimpanzees,
gorillas, gibbons, and siamangs, which seem to suffer particularly from
being housed individually. If Option 1 is not utilized, the plan must
provide an explanation and justification for each diminished degree of
social interaction. Social housing also facilitates important primate
behaviors associated with signals that communicate emotional states or
other information between individuals. Acceptable reasons for choosing
Options 2, 3, or 4 would include:
    1. The health and well-being of the individual primate;
    2. Documented unavailability of compatible individuals;
    3. The scientific requirements of a protocol approved by an
Institutional Animal Care and Use Committee (IACUC) (for registered
research facilities); or
    4. The animal's assignment to an IACUC-approved project that will
result in euthanasia or disposition within a short period (normally
less than 60 days).
    Virtually any social change can be stressful to the nonhuman
primates. In order to effectively manage social groups and minimize
stress, the plan should include procedures for introduction,
separation, and socialization, including minimizing unnecessary
separations for established

[[Page 38148]]

compatible pairs or groups, whether temporary or permanent, and
minimizing the negative effects of necessary separations.
    If individual primates are strongly socialized toward humans and
distressed by other primates, the plan should provide for daily,
extensive positive human interaction in addition to that associated
with routine husbandry, medical care, experimental manipulation,
training, or exhibition.
    Without some socialization to humans, contact with humans becomes
an environmental stressor for the primates, over which they have no
control. When contact with human facility personnel is a necessary part
of the primate's life, the plan must include a program of husbandry
conditioning and habituation to human manipulation. This is
particularly important for any primate subjected to frequent conscious
manipulation or restraint that may cause more than momentary or slight
pain or distress, or frequent chemical restraint to accomplish minor
procedures or manipulations.

B. Social Needs of Infants

    Section 3.81(c)(1) requires that special attention be given to
infants and young juveniles. Nonhuman primate infants and their care-
giving parents have specific social needs. The psychological well-being
of nonhuman primate infants depends on appropriate infant development.
In most situations, the optimal environment for infant development is
one that allows the infant to remain with its biological mother through
weaning in the company of a species-normal social group. Additionally,
reproductive success (including reproductive behaviors, fertility,
prenatal adequacy, parturition, and parental care) is generally
considered to be one of the strongest indicators of psychological well-
being in adult captive nonhuman primates.
    All facilities with one or more breeding groups of primates should
include in their plan a program to ensure species-typical sensory,
motor, psychological and social development of infants. The plan should
also include criteria for removal of any infants from the care-giving
parent(s) if necessary. Separation should be directed by the attending
veterinarian or other qualified professional and should be customized
to the characteristics of the individual primate.
    Infants should not be permanently removed from the care giving
parent(s) before an age that approximates the age of infant
independence in nature, except where necessary for the health and well-
being of the infant or dam.
    Although we stress that it is important not to disrupt the bond
between the infant and its parents, there may be situations when
infants must be separated earlier than is optimal. When infants must be
separated from the care giving parent(s) prior to the approximate age
of separation in nature, our research indicates that at least the
following separation procedures should be included in the plan in order
to minimize distress and ensure appropriate sensory, motor,
psychological, and social development of the infant:
    <bullet> Details of separation procedures used to minimize distress
for the infant and the care-giving parent(s);
    <bullet> Details of any hand-raising or fostering practices. There
should be specific provisions, in accordance with the professional
literature, to provide the infant with a level of sensory, motor,
psychological, and social stimulation approximating that which it would
receive from its care giving parent(s), natal group and/or peer group
under normal circumstances. Hand raising practices that are likely to
be detrimental to the development of species-appropriate behavior or to
the well-being of the individual at a later time, such as those
involving social restriction from primates of their own species, should
not be used;
    <bullet> A suitable surrogate parent for artificially reared monkey
or ape infants.
    The plan should include a program to develop and maintain species-
typical social competence through exposure to peers and/or adults of
the same or compatible species. Socialization to humans and to other
animals, such as dogs, may be simultaneously maintained when desirable.

C. Environmental Enrichment--Structure and Substrate

    The social, developmental, and physical environment are
interdependent in ensuring psychological well-being of nonhuman
primates. Section 3.18(b) requires that the physical environment in
primary enclosures must be enriched by providing means of expressing
noninjurious species-typical activities. The most basic components of
the physical environment are the enclosure structure (its size, shape,
and design) and the substrates within it (flooring, bedding, and
furnishings, including perches, nest boxes, etc.). In order to promote
psychological well-being for nonhuman primates, primary enclosures for
housing and/or exercise need to be of adequate shape and design, and
have adequate furnishings, to accommodate species-appropriate behaviors
by all inhabitants. Each primate should be able to, at a minimum,
engage in:
    1. Species-typical postures and positions for resting, sleeping,
feeding, exploration, and play;
    2. Species-typical locomotion; and
    3. Social adjustments.
    Primary enclosures should contain elevated resting structures
appropriate for the species. The type, number, and orientation of the
structures in each enclosure should be appropriate to the number and
social arrangement of the animals in the enclosure. Structures should
be positioned to facilitate social adjustments and not interfere with
normal locomotion.
    Primates of species that normally hang from limbs and/or tails
should be provided with structures and complexities that enable them to
do so comfortably.
    Primates of species with long tails should be provided with
sufficient vertical space to permit normal upright resting postures
without restriction of tail position or placement of the tail outside
the enclosure or into waste pans.
    Primates of species that normally rest or sleep in cavities, or
which are nocturnal or partly nocturnal, should be provided with nest
boxes or similar structures. Primates of species that construct nests
for sleeping or resting should be provided with artificial or natural
nest materials such as hay, browse, or blankets.
    Enclosures should be designed, constructed, and furnished so that
individual primates may reasonably avoid other individuals or
frightening stimuli. Flight distances, visual barriers, and placement
of structures such as perches or shelters should be considered during
design and furnishing.
    Primarily terrestrial species should have access to suitable
flooring and resting areas. Patas monkeys should have regular access to
large exercise areas that accommodate running.
    Primate species that scent-mark should be provided with suitable
scent-retaining surfaces. The surfaces may be part of the cage
structure, part of cage furniture, or in the form of temporary objects
and should be replaced or sanitized as appropriate.
    Enclosures should be designed, constructed, and furnished to
facilitate social introduction, reintroduction, separation, or
temporary restraint.
    Aged, physically impaired, or debilitated individuals should be

[[Page 38149]]

provided with structures suited to their physical abilities.

D. Environmental Enrichment--Foraging Opportunities

    In the wild, nonhuman primates spend a significant proportion of
their time foraging for food. ``Working'' for food is one of the most
frequently found species-typical activities for nonhuman primates.
Captive nonhuman primates that are not provided with enough time-
consuming foraging tasks may self-mutilate, over-groom, or become
aggressive.
    As part of enriching the physical environment under Sec. 3.81(b),
the plan should provide for each primate to have, on a daily basis,
some type of time-consuming foraging opportunity. The foraging
enrichment can include a wide variety of time-consuming activities.
These activities may include providing something as simple as whole
fruits or vegetables with high processing time, providing standard
monkey biscuits in novel ways to increase food acquisition times,
providing more complex types of devices such as puzzle feeders, or
scattering food in substrates. Food items and foraging options should
be chosen with consideration for the species and abilities of the
individuals involved so that each primate can readily obtain its
minimum daily nutritional requirements. The diet for each primate
should contain a variety of tastes, smells, and textures. Gnawing or
gouging wood should be provided for marmosets and tamarins.
    For primates on continuously restricted diets as part of medical
treatment or experimental protocol, the plan should provide a
substitution for foraging, meaning opportunities to engage in time-
consuming cognitive activities or foraging involving nonfood rewards
(such as ice cubes or toys). The cognitive activities should be
voluntary--we do not consider activities that are part of experimental
manipulation to be adequate.

E. Environmental Enrichment--Manipulanda

    Manipulanda are objects that can be moved, used, or altered in some
manner by the primate's hands. Manipulanda can stimulate several senses
and permit the animal to experience novelty and a sense of control over
part of its environment. Manipulanda have been shown to be effective in
increasing species-appropriate behavior and decreasing abnormal
behavior.
    As part of enriching the physical environment under Sec. 3.81(b),
our research indicates that the plan should provide for each primate to
have a variety of portable or moveable items for manipulation available
to them. The size and type of item(s) and its presentation should be
safe and suitable for the species, age, sex, and characteristics of the
individuals. The number of items and their presentation should take
into account hoarding or aggressive behavior by animals in a social
group and changed as often as necessary to maintain appropriate
novelty. Primate species that groom others of their own species but
must be caged without tactile contact should have daily access to
suitable objects or substrates for grooming.

Considerations for Meeting the Critical Elements

    There are other criteria which our research showed must be
considered in relation to all five critical elements:
    <bullet> Documentation
    <bullet> Novelty
    <bullet> Control over the environment
    <bullet> Sensory stimulation
    <bullet> Exemptions
    <bullet> Individuals in persistent psychological distress.

Documentation

    The plan should be designed with consideration for the species,
age, sex, health status, rearing, and behavioral history of the
primate. The plan should document:
    <bullet> Scientific justification for all aspects of the plan,
including professional journals and reference guides consulted.
    <bullet> Changes in the facility's primate population.
    <bullet> Changes in the needs of individual primates.
    <bullet> Assessments of the effectiveness of the program in
promoting species-appropriate behavior.

Novelty

    The plan should provide for appropriate levels of novelty in the
items or strategies chosen. Novelty is variation in enrichment devices
and strategies. Appropriate novelty includes both the physical
properties inherent in any object or situation and the timing or
duration that the novelty is provided. Novel items should be provided
in sufficient quantity and located within the environment so as to be
accessible to all primates. The cognitive abilities of primates should
be considered in the choice of novelty provided. Novel stimuli should
sustain their interest, encourage activity, and redirect inappropriate
activity to behaviors appropriate for their species. Each facility
should document in its plan how and with what frequency novelty is
maintained.

Control Over the Environment

    The plan should provide individual primates with the opportunity to
exercise control over some aspects of their environment. Complex
objects or environments that can be altered or controlled by the
animals provide them with enhanced opportunities to utilize their
cognitive abilities. Examples of control include opening doors and peep
holes, moving indoors or outdoors, and influencing the temperature and
lighting in the cage, as well as avoiding noxious stimuli.

Sensory Stimulation

    The plan should provide for each of the five senses to be
stimulated in a species-appropriate and non-distressing manner.
Exemptions may be made for individuals with sensory impairment.
    The plan should provide for primates to be given the opportunity to
avoid or distance themselves from objects that may be frightening.
Levels of stimulation should not be excessive or discernibly
distressing, and individuals must have the opportunity to avoid
excessive exposure to such stimuli.

Exemptions

    In accordance with Sec. 3.81(e), exemptions for individual primates
from various aspects of the plan may be made as part of an IACUC-
approved protocol. Section 3.81(e) also allows exemptions to be made by
the attending veterinarian because of the animals health or condition
or in consideration of its well-being. As required by Sec. 3.81(e), the
basis for exemptions must be documented. Exemptions should be only to
the extent and length of time necessary. Section 3.81(e) requires that
exemptions be reviewed at least every 30 days by the attending
veterinarian or, for IACUC-approved protocols, at least annually.
Exemptions should be reviewed more often if appropriate to the
circumstances and should be adjusted as circumstances change. If, due
to medical treatment or experimental protocol, a critical element
cannot be satisfied, additional enrichment must be provided as
compensation.

Individuals in Persistent Psychological Distress

    The plan should provide that, for primates in persistent
psychological distress, a primate behaviorist or veterinarian with
formal training and experience in primate behavior will be consulted.


[[Page 38150]]


    Done in Washington, DC, this 9th day of May 1999.
A. Cielo,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-18050 Filed 7-14-99; 8:45 am]
BILLING CODE 3410-34-P